HomeMy WebLinkAbout12-03-1985
AGt~dw
couloNC;~
]DEC, 3,1925
'L 'ra. Y o r KrA r p r 77 r n 1, 4. . Y.W.
CITY Of DENTON CITY COUNCIL
December 3, 1985
Work Session of the City of Denton City Council on Tuesda ,
December 3, 1985, at 6:00 p.m. in the Civil Defense Room of tKe
Municipal Building at which the following items will be
considered:
6.4 00 p. m.
1. Discussion of concerns, changes, and/or revisions to
the proposed draft of the "Selection Guidelines for
Council-Appointed Positions."
2. Discussion of an ordinance providing for the
prevention and abatement of litter on public streets.
3. Executive Session:
A., Le al Matters Under Sec. 2(e), Art, 6252-17
V. , S.
H. Real Estate Under Sec. 2(f), Art. 6252-17
V. A, T. S.
C. Personnel Under Sec, 2(g), Art 6252-17 V.A.T.S.
D. Board A pointments Under Sec. 2(g), Art
6252-17 V A.T.S.
Regular Meeting of the ..ity of Denton City Council on Tuesday,
December 3, 1985, at 7:00 p.m. in the Council Chambers of tMunicipal Building at which the following items will be
considered:
7:00 p.m.
11 Consider approval of the Minutes of the Regular
Meeting of November 5, 1985.
21 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,
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
44A, 4.8, 4,C), This listing is rov:ded on the Consent A enda
to allow Council Member to discups an item pi g
s y r or to aPPreel
of the ordinance.
1~r' ,4'"k ~A ~t a e °h.' ar i ~4k '~7pJp~ {i4 ,r sry-~~~r r"d'rCti a fi' ~ N
I" A
City of Denton City Council Agenda
December 3, 1985
Page Two
A. Bids and Purchase Orders:
1. Bid 0 9383 - Aerial photography maps
21 Bid # 9540 - Demolition and clearing of
lots 14
3. Rid # 9547 - Tree trimming
4. Bid N 9549 Lease purchase financing
51 Purchase Order 70665 to Southwestern
Electric in the amount of $11,069.00
B. Plats and Replats:
1. Approval of final replat of the Southridge
Village Shopping Center Addition, Lots It 2
and 3. (The Planning and Zoning Commission
recommends approval.)
2. Approval of preliminary and final replats of
the Owsley Park Addition, Lots 1, 2 and 3,
Block A. (The Planning and Zoning
Commission recommends approval.)
3. Approval of preliminary plat of the Southern
Fulls Addition. (The Planning and Zoning
Commission recommends approval.)
C. Pro Rata and Participation Agreements:
1. Approval of a proposed pro rata agreement
with summit Addition, David Grotenhuis,
owner, and/or his assigns, for a new water
line. (The Public Utilities Board
recommends approval.)
2. Approval of a proposed pro rata agreement
with J. B. Addition, owners, Fred Evans and
Jim Leverett and/or their assigns, for a new
water line. (The Public Utilities Board
recommends approval.)
3. Approval of a proposed pro rata agreement
with J. B. Addition, owners, Fred Evans and
Jim Leverett and/or their assigns, for a new
sewer line. (The Public Utilities Board
recommends approval.)
4. Approval of a proposed water main cost
participation agreement between the City of
Denton and David GrotenhulAo (The Public
Utilities Board recommends approval.)
g+j :r ;v~ _ift a.` i', jrr %
C
City of Denton City Council Agenda
December 3, 1985
Page Three
31 Public Hearings;
A. Z-1775. Petition of Burke Engineering requesting
a +ccange in :ooing from the agricultural (A)
district to We planned development (PD)
classification on a 22.7 acre tract located
approximately 1,000 feet west of Mockingbird Lane
and approximately 11000 feet south of Audra
Lane. The property is further described as a
tract in the M.S.P. 4 the P.R.R. Company Surveys,
Abstracts 1473 and 1479. If approved, the
planned development will permit the development
of 100 single family detached lots with a minimum
lot size of 7,000 square feet. (The Planning and
Zoning Commission recommends approval.)
B. Z-1778. Petition of Oltman and Associates
requesting an amendment of an existing planned
development (PD-22) on a 30.3 acre tract located
on the south side of Ryan Road approximately
2,500 feet east of FM 2181 (Teasley Lane). The
property is further described as the site of the
Lake Forest Pillage Retirement Center. if
approved, the amendment will permit the
relocation of an approved addition to the current
residential structure and the relocation of a
parking lot. (The Planning and Zoning Commission
recommends approval.)
C. Hold a public hearing on the request of the City
of Denton for annexation of 136.588 acres
beginning a f S00 feet east of the
centerline of U. S, highway :77 and south of Brush
Creek Road and being part of the George M.
Daugherty Survey, Abstract 351 (A-li). (The
Planning and Zoning Commission recommends
approval.)
D, Hold a public hearing on the request of the City
of Denton for annexation of approximately 93.67
acres beginning 3S0 feet south of and
perpendicular to the centerline of U.S. Highway
380 and east of Geesling Road (A-13). (The
Planning and Zoning Commission recommends
approval.)
B, Hold a public hearing on 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,
apprraxiaately 2,000 feet east of Mayhill Road
(A-14). (The Planning and Zoning Commission
recommends approval.)
lv Oc ,'p: ,y ey ".h 1rta, 7777777-175-M v .e ph j~t v
i
city of Denton City Council Agenda
December 30 198S
Page Four
P, Mid a public hearing on the request of the City
of Denton for annexation of approximately 42.35
acres situated in the S, Huizar Survey Abstract
$14, and beginning approximately SOO Meet north
of and perpendicular to the centerline of U.S,
Highway 380 and west of Masch Branch Road
(A-15). (The Planning and Zoning Commission
recommends approval.)
G. Hold a public hearing on the request of Hammett 4
Nash, Inc. and the City of Denton for annexation
of approximately 150 acres situated in the D.
Houggr, Survey, Abstract 646, and beginning west of
Mayliill Road, approximately 4,000 feet north of
A-17). (Tike Planning and Zoning
I-35 (A-17').a
Commission recommends approval.)
H. Hold a public hearing on the request of Redditch
Investment Corporation for annexation of
approximately 60,36 acres situated in the G.
Walker Survey, Abstract 13300 and beginning
adjacent and east of Edwards Road approximately
1,000 feet east of M ayhill Road (A-18). (The
Planning and Zoning Commission recommends
approval.)
1. Hold a public hearing on an ordinance amending
the Zoning Ordinance, Appendix B, Article 7M of
the Code of Ordinances of the City of Denton,
'T'exas, by requiring a special use permit to
operate a temporary concrete or asphalt batching
plant in certain zoning districts; providing a
penalty therefor and declaring an effective
date, (The Planning and Zoning Commission
recommends approval.)
1. Consider adoption of An ordinance amending
the Zoning Urdinance, Appendix B, Article 7M
of the Code of Ordinances of the City of
Denton, Texas, by requiring a special use
permit to operate a temporary concrete or
asphalt batching plant in certain zoning
districts; providing a penalty therefor and
declaring an effective date.
4, Ordinances:
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchrae of materials,
equipment, supplies or services,
1
777' `7- rr-
City of Denton City Council Agenda
Decumber 31 1985
Page Five
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award cf
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 such purchases rrom requirements of
competitivh bids.
D. Consider adoption of an ordinance and service
plan annexing approximately 91.3 acres being part
of the B.B.B. 4 C.R.R. Survey Abstract 142 and
located north of FM 1173, south of Barthold toad,
west of 1-35N, and east of Masc:h Branch Road and
the GC 4 SF Railroad (A-24), (The Planning and
Zoning Commission recommends approval.)
E. Consider adoption of an ordinance setting a date,
time and place for public hearings concerning the
request of Miller of Texas for voluntary
annexation of 801.705 acres situated in the
M.E.P. 8 P.R.R. Survey, Abstract 1470; the F.. F.
Anderson Survey, Abstract 16; the E,A. Orr
Survey, Abstract 983; the G.W. Anderson Survey,
Abstract 12; the M.E.P. 4 Y.R.R. Survey, Abstract
1502; and the T 4 P Survey, Abstract 1302, Denton
County, Texas; being 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
begin the annexation process (A-32).
F. Consider adoption of an ordinance approving a
contract for the City's participation in the cost
of installing oversize waterline facilities and
authorizing the Mayor to execute the contract.
(The Public Utilities Board recommends approval.)
G. Consider adoption of an ordinance xrohibiting the
parking of vehicles on the south side of West Oak
Street from its intersection with Williams Street
to its intersection with Carroll Boulevard. (The
Citizens Traffic Safety Support Commission
recommends approval,)
H. Consider adoption of an ordinance regulating
pparking along the driveway at the end of Austin
5treat and in :he parking lot of the Municipal
Building parking lot west of tha Municipal
Building at 21S !last McK;nney, (The Citizens
Traffic Safety Support Commission recommends
approval.)
17
City of Ddhtbfi City Council Agenda
December 3$ 1985
Page Six
I. Consider adoption of an ordinance prohibiting the
parking of vehicles on a portion of Austin
Street. (The Citizens Traffic Safety Support
Commission recommends approval.)
J. Consider adoption of in ordinance amending
Section 25-6.1 of the Code of Ordinances of the
City of Denton, Texas providing for the average
billing of utility services for certain classes
of utility service customers. (The Public
Utilities Board recommends approval.)
5. Resolutions:
A. Consider approval of a resolution nominating
members to Place 6 and Place 8 on the North Texas
Higher Education Authority, Inc. B k rd of
Directors.
B. Consider approval of a resolution authorizing the
Mayor to execute a Pipe Line License Agreement
with the Atchison, Topeka and Santa Pe Railroad
Company. (The Public Utilities Board recommends
approval.)
C. Consider approval of a resolution authorizing a
contract of employment with the City Attorney.
6. Consider approval of a contract to purchase land for
an electric substation from Mayhill Read Realty
Company (Paige Road Substation.) (The Public
Utilities Board recommends approval.)
7. Official Action on Executive Session Items:
A. Legal Matters
B. Real Es`.ate
C. Personnel
D. Board Appointments
84 New Business:
This item provides a section for Council Members to
suggest items for future agendas.
9. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252.17
V. . T.S.
B. Real Estate Under Sec. 2(f), Art. 6252.17
V. A. T. S.
Y a.i t, x
q • hF`
777
City of;uenton City Council Agenda
December 31 1985
Page Seven
C. Personnel - Under Sec. 2(g), Art 6252-17 V.A.T.S.
D. Board Appointments Under Sec. 2(g), Art
6252-17 V.A,T.S.
C E R T I F I C A T E
1 certify that the above notice cf meeting was posted on the
bulletin board at the City Nall of the City of Denton, Texas,
on the day of, 1985 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
s
a
1998C
i
i
q i. r
t'f 1 1
..cl►►
CITYoI DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200
MEMORANDUM
TO: Betty McKean
Assistant City Manager
FROM: Kathryn Usrey, Director
Personnel/Employee Relations
DATE: November 22, 1965
SUBJECT! Selection Procedures Manual
I
I have placed the Selection Procedures Manual, "Selection
Guidelines for Council-Appointed Positions", on the
Dezember 3rd, 6:00 p.m. Council agenda, The purpose for
placing it on the 6:0U p.m. agenda is so the Council will
have an opportunity to discuss any concerns, changes, and/or
revisions thoy may want to make.
If you have any questions concerning this matter, please let
rte know,
a iryn prey, recta
Personnel/Employee Re tions
KU/ms
M i1 f"`i n i 1 Y4#7_' 4 r{ h; .c ii 4, "t ~~n
DATE
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting C4.ty Manager
SUBJECT: City Council Agenda Item
RECOMMENDATION: Discuss concerns, changes, and/or revisions to
the proposed draft of the "Selection Guidelines For Council-
Appointed Positions"
SUMMARY: The "Selection Guidelines for Council-Appointed Positions"
manual outlines the step-by-step procedure used in the selection
of Council -appointed positions (i..e. Municipal Court Judge).
BACKGROUND:
The above-mentioned manual is in response to request from Council.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City Council, City Manager,
Personnel/Employee Relations Department, and Council-appointed
positions will be affected by this manual.
FISCAL IMPACT:
The Fiscal Impact is unknown.
Res ctfu y s mi ted:
Act h f:Ci y Manager
Prepared by:
lb e
Title
A6*. •
Name
Title
CITY of DENTON
CITY COUNCIL AGENDA REQUEST FORM*
DATE OF CITY COUNCIL MEETING: ~l.f~lllhnr t' 1 oA s
ITEM TO BE PLACED ON AGENDA:
1. Word item exactly as it is to be placed on agenda.
Include any Advisory Board Recommendations.
2. List backup materials (to be submitted no later than
10:00 a.m. Thursday, prior to the council meeting.)
3. State the order in which the item needs to appear on
the agenda.
1. Discussion of concerns, chinggcs, and/or revisions to the proposed
draft of the ''8d:eatii4n>auide, nes for,-Council-Appointed Positions''.
2. Memorandum to Betty McKean
3. 6:00 p.m. agenda
* THIS FORM IS TO BE SUBMITTED BY 10:00 A.M. OF THE
M T WEEK PRIOR T FE REGULAR COUNCIL
MEETiNd. NL EMS F A CR T CAL .ATM WI BE
THIS TIME,
AFTER ACCEPTED
NOTE: Please use a separate request `orm for each item
that is submitted..
DATE: rase
CITY COUNCIL REPORT PO_WAT
T0: Mayor and Hembere of the City Council (fJ
PROM: Rick Svehla, Acting City Manager
SUBJECT: DISCUSSION OF A PROPOSED ORDINANCE PROVIDING FOR THE PREVENTION AND
AB,ATKKINT OF LITTER ON PUBLIC STPJtETS
RECOHHEHDATIO:
This ordinance has been placed on the agenda for discussion purpoabe
only, thus no formal recommendation will be presented at this tima.
SUKWY:
This ordinance has been proposed in an attempt to eliminate
unsightly conditions on City streets, which are resulting fror new
development &itivities. In effect, the ordinance makes it illegal
to deposit, track, or scatter any dirt, stone, gravel, brick,
cemant, concrete, sand, mud, wood, trash, garbage, or similar
materials upon any public street, alley or public way. The
ordinance requires any petlion engagel in hauling, excavation,
alteration, demolition or conetruotion work, who commits such an
offense, to remove such litte* within two hours of notification by
the City of the violation. If the violator fails to correct the
problem, the City would then removn the material and assess the cost
of removal plus a $50.00 administrative fee to the violator.
BACKGROUND:
Over th:- last several months we have received numerous ccmpla1n1,s on
the unsightly conditions of City streets due to new construction.
Upon checking these complaint,, it is obvious that the majority of
the mud and debris in the streets is coming from vehicles leaving
the construction sites. Very few of the construction contract-,rm?
dsvote any e:fort in cleaning up this debris or in the prevention of
such mespa. Thus, the City of Denton Street Department must
attract to remove such litter.
PRCdRAKS. DEPARTMENTS 0$~Q UP AFFECTED:
City of Denton Code Knforcement Office
City of Denton Street Department
Construction Contractors
Citizens of Denton
. u k n
'V -T
r ri i { v O ri h.w-. n tB . ti' 3
Discussion of Street Orlinas;ce
November 22, 1985
Page 2
FISCAL iKPdC~Cs
Although the fiscal impact of such an ordinance to undetermined, we
would anticipate only nominal costa due to this ordinance which
would be recovered by the administrative fees. There should be some
inoreaees+ in productivity as the Street Department could devots more
attention to its intended responsibilities,
QIs y sub tte s Acting City Kansger
Prepared by:
ill -
Assistant Director
of Public Yorke
Approved:
Bill Angelo
Assistant Director
of Public Yorks
00240
I
< < t 1042E i
NO.
AN ORDINANCE OF THE CITY OF DENTON TEXAS !.MENDING CHAPTER 21 OF
THE CODE OF ORDINANCES TO PROVIDE i& THE PREVENTION AND ABATLM ENT
OF LITTER UPON PUBLIC STREETS) PFQVIDINC FOP. A MAXIMUM PENALTY OF
TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVER-
ABILITY CLAUSE; RND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
That Articlo I of Chapter 21 of the Code of Ordinances of the
C[ty of Denton, Texas is hereby amended by adding a new Section
21.14 which shall read as follows:
S,.3c. 21-14. Litter on Public Streets
(s) 'co a' The provisions of this section shall apply to
sit per&,)ns, contractors, or subcontractors perform-
ing any hauling, excavation, alteration, demolition,
construction or reconstruction, or work related ov
incidental thereto, on any site within the City of
Denton and to any p6raon, contractor or subcontractor
iraking use of any public street, alley or way owned
or maintained by the City of Denton as a result of
such activity.
(b) Litter on Public Streets. No person shall deposit,
tracks or scatter any dirt, stone, gravel, brick,
cement, concrete, sand, mud, wood, trash, garbage,
rubbish or other similar materiel Dr debris upon any
public street, alley or other public way.
;c) Vehicles Leavin Construction Sites. No person,
contractor or su contractor, perferming all or part
of the work described in paragraph (a) of this
section, shall allow any vehicle to leave such job
site and enter or travel upon a public street, alley
or way, unless such vehicle i; pr-perly covered and
all equir.,ment of said vehicle, including the tires
thereof, are properly cleaned so as to prevent a
violation of paragraph (b) of this section.
(d) Abatement of Street Littering.
(1) Should any person, contractor or subcontractor,
performing all or part of the work described iu
paragraph (a) of this section, violate the provi-
sions of paragraphs (b) or (c) of this section,
the City, through any of its designees, may issue
an order, in writing, to any person, contractor,
or subcontracts on the lob site where such
violations originates to cease apecified activity
on such site relating to the violation of this
section including, but not limited to, hauling,
excavation, construction, demolition, or recon-
struction at the job site, or removal of any
material from the Job site.
FACE I
C .y.~ r. :1 s r' rT: rer= 1. ~I'~
r
I
(2) No persoa, contractor or subcontractor issued an
order as specified herein, .4hall continue, cause,
or allow the activity covered by the order to con-
tinue after the issuance of the order, until
written permission to resume the activity covered
by the order has been given. No written permission
to resume the activity covered by the order shall
be given until the City, in its sole discretion,
is satisfied that all steps necessary to prevent
future violations of this section have been taken.
(e) Removal of Litter, Costs Assessed.
(1) Should any person) contractor, or subcontractor
violate paragraph `b) of this section, the person,
contractor or subcontractor responsibile for such
violation shall remove such litter from the public
street, alley or other public way within two (2)
hours of notification by the City of the violation.
I (2) If any person, contractor or subcontractor respon-
sible for such violation shall fail to timely abate
the violation after notification to do so, the
City may remove or arrange to have removed the
litter and the costs of such removal, along with
an administrative fee in the amount of Fifty
Dollars ($50.00), shall be charged to the arson,
contractor or subcontractor responsible for the
violation.
(3) If :ha person, contractor, or subcontractor
responsible for such violation shall fail to pair
such costs within twenty-four (24) hours -f
written notice of the costs incurred, the City mayy
issue an order, in accordance with paragraph (c}
of this section, requiring the parson, contractor
or subcontractor to cease work at such job site
until all costs are paid.
(f) Appeal of Order Msessment. Any person who is
aggrieved by an or er or assessment made pk+rsuant to
this section, may appeal, in writing, such order.cr
assessment, within ten (l0) days of the notifir__iioLi
of the same, to the City Manager or his designee. The
City Manager, or his designee, within tai (10) days of
the filing of the appeal shall hold a herring to
consider the validity of & action appealed from and
render a decision thereon.
i
SECTION II.
That any person violating any of the provisions of this
ordinance e:•all, u on conviction, be fined a sum not eaceedinq Two
Hundred Dollars (200.00); and each dayy and every day that the
provisions of this ordinance are vlolated chair co:etitolte Al
separate and distinct offense. This penalty is in addition to end
cumulative of, any other remedies as may be available at law :nd
equity.
SECTION 111.
That if any section, subjection, ,paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
PAGE 2
-71
r 9 rx t
person tot ,ircumstancer is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION IV.
That this ordinance shall become effective f rteen (14) dayr
from tho date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of its
passags.
PASSED AND APPROVED this the day of , 1995.
CITY OF DENTON, TEXAS
ATTEST:
CRUM ALLEN,
CITY SECRETUT
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI LRAYOVITCH, CITY ATTORNEY
CITY OF DENTOO, TEXAS
BY: 7
PAGE 3
r Y 1 ili
:..1Y 1'j h .4 r'~ 1 1' 1 1 , • d+l S 1
DATE: 12/3/85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Approval of the following plats and replats:
1) Final replat of the Southridge Village Shopping
Center Addition
2) Preliminary and final replats of the Owsley
Park Addition, Lots 1,2,3
3) Preliminary plat of the Southern Bills Addition
RECOMMENDATION:
The Planning and Zoning Commission considered these
items at its' meetings of November L and November 20,
1985 and voted to recommend approval of the above
listed plats.
SUMMARY :
BACKGROUND:
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
FISCAL IMPACT:
R a fully submitted:
Act;iig City Manager
Prepared by:
141
11" A"
Denise S iv y
Urban Planner
App ov
e
Director of Planning
and Community Development
CITY CUUNCIC, AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: Decemoer 3, 19d5
SUBJECT: Final replat of the Soutnridge Jiliage Shopping
Center Addition, Lots 1, 2, and 3.
SUMMARY: Tnis tract is 17.1 acres located at the
soutneast corner of Lillian Miller Parkway and
the 1-35E service road. rhis tract is shown in
the Jonn McGowan Survey, Abstract 797j Denton,
Texas.
and nretailedevelopment zoned general
anticipated,
City services and :azilities, including water,
gas, sanitary sewer, telephone, electrical, and
sulid waste are available.
Tne plat conforms to the minimum requirements of
the Denton SUudivision and Land Development
Regulations.
ACTION REQUIaED: Approval of the final replat
RECOMMENUATION: The Planning and Zoning Commisslun recommenua
approval.
ATTACHMdNT: Reduced plat
1.11M l~
uen ae s v
Uroan Planner
14U9g/2
11111 i V` Iio 3 CY drag,. ,t „ t, r:• y, • .t. "".A
AYa i ritA} JY(Ap NJ•rd ,
' i t~a•ol~t•t
~~ocl 1dr !a H'
rrrs• r ~ 0°
'of #6
i K' t: ~f' _•Ta
i ; LOT 18
1. ~n• Irv Ir LOT to
e Ifrr
I ~!I~•e~NM 0.9141 ACAS
i
It
LOT to
\••ti `~1J
j , Ih LOT 1A\`' 0.944? ACA4i
N C = z.
Q wipe 1.4740 ACREd \ s rtoi• Sr R`
\ w a• i
r i • 4~yr11 Orc~{}~y, •C
I+'~~'i) r ~ Imo; t ~6~ tN
dN•ata•N•RIAT e
G~ft'~e7JK! AN ~ n Q~ , ~ 1~ p4
r
LOT 2R -
000 A C R I S it 144
L OT 3A
y davrerE •ra swnn i
as' 4,74e0 AcAEE LOT 38~
..rnr•~r f.>e„I~i I WO A C A E d
tier ,
00.40
Final Replat
fc .v.,r~F,rr
SOUTHRIDGE VILLAGE SHOPPING t/or J77,paCPI
CENTER ADDITION
Lots 1, 2 & 3 SURVEYOR:
DBVBLOPBRI
DUNNING DEVELOPMENT BRiymii & f`Havo,
8433 DOVOLAS AVB. SUM 616 LAN03URVEYINO d
DALLAS, TEXAS 76916 TOMP4PHIC MAPPING
!11/6!6.1006 t»Itl4ait •MI1ro~Z4•S1}~
• P ~ 40~ 11471 1904 SOUtn fr9hvA
Fort won
n au iS+ C 1 `e+.l` i" ~t a u pti lr .~nr
F
CITY COUNCIL AGWA
BACK-UP SUMMARY SHEEP
MEETING DATE: December 3, 1965
SUBJECT: Preliminary and final replats of the Owsley Park
Addition Lots It 2, 31 31ock A
SUMMARY: T nis tract is 0.5 acres located at the soutneast
corner of Louise and Bonnie Brae shown in the E.
PucnalSKi Survey, Aastraat 996, Denton, Texas,
Tne property is zoned general retail (GR), and
multi-family development is anticipated.
,2ne plat conforms to the minimum requirements of
the Denton Subdivision and Lana Development
Regulations.
ACTION REQUIRED: Approval of the preliminary and final replats
RgCUMMENDAPtON: aThe pprovalnofgtaedprZoning eliminary mandifinal creplats.
ATTACHMENT: Reduced plat
Wl AAd 'L
ea.~e bQ Ve
Uroan Manner
lOd9 j/1
wu~uf~~~►~~u~~~~~i~~~~Ij~ll.~ll~Illlll~~ltll'~. ~~i ~~Il 1.I11~~1 ~11~
1
r LOUISE 9 T R E E T
Iu9sI1•o•wl
t 1 ' cAlr s saod _-..t'rw nm w
1►0 109
APMox It
VICNJTY NAP or LMI MII
/N-
1 y
I
Ton L 0 1 i L 0 C A t.rrt ALM t.wt
~I{ rumm~n reu,n
IONED
0 J IoriO, v•T
s r I I E N R AL N E 7 A 11L
e k E, PUCNALSKI SURVEY
9
! A 998
w $
t • ~ b
~ R I
~ I
ro i
PRELIMINARY REPLAT
1 sd~
>od Of L011 I, t AND 7, IlOCN A
Sod
Ld I I
Y ~ i ONyIfY PARR A001t IOM
NOM Z 0.940 A1. IN M Cri, AND GOUrTY or
• No rAdON rA0P01f0 Cmu" In I LOT ION LIT QA
TOPOGIAM% ANTNNIIT[0 In
, T9AAi
11,ttt~ eanrwrrue etu tettrwe~ OENTON
• MTL OUT Or IN YfAA rID00/lA/l ee,no„ tn,te, mewl rut It KtM Ow Nto
r ~
z( '1W rr.I WINDSOR PARK DEVELOPMENT
PRELIMINARY REPLAT BURKE ENGINEERING >C_7 NE,ni>oar'
/N[E ,
9p I. MOCt1ITI smI 101
DtNT011, MAI 70901 4111! III• Sykj
1 ~ I !I CII,,~ I j JI T I17f !IIiii
Y
_ 0 If W IM
I Mm--
601 Fe It IIALI
s f"i MNI-sTloll
Ml
11 II1n 11 1111 LLS
y L tvim of fill"
N"LAA. ruLHt Pat pintorRrI Ir 111 ....r of oil IMf N.uG taM1 N 1M N W W 14 1. 1w141Nl wry
pJrM ru.N. 1" G W tiff of IMI" twwy, t•.u., r.A Ulm lit N Wf 1.1 111. rGA IS .r 0..I.,
hA H,PSM t. IM toil .f G.1.A 1a46 MI>tlul is IM flat IM.Ir I.SAM M Mw 1 I., II N IM LIII
A, A.Z GM.A. N /.e1M CAAAAQ, tNU, N f"lpI ~ .M MIVI.d w IM Or..Wt w W3"r taws WiY AAw'1 rpllmlkiy
InLr»K 10 IN M INN f o r IN glast Lail RiM•.rtNA M M VM MI N IM NI1...1 A., N
~6j MIA W 1 W MiN IN GINIMI Ir N W GN ISM Of I.rIA Mm r ViV W 1«0 I ll N iwlM fw Mtt
tM t"nl OrrM
1 W. Next L.K. .1111 IN an" 11N N L t.. W.% o A1LL.M. N 111.H i"1 M Am I.M I" M1 M IN
. NWI rwM11 1/ "..1 11 It.. !1 W"I Y•H Nn IM 4.1 It. N W 1 t f1.t.Ml .1 IWIr G.1 N .n Iran
{
L uI At t I tw.0l CMM. ~,or t. W IMO, IIM of tat 12_2 tltl tl MIq pool Atom. N .Moe s. IM It.,
rh11111 ■Af /V I'A" Mu1.1 M 401M1 1 Flat N N tM Lill M-cM N het" C•rnl/, I..,
S MiYr 4.1 NNIM .t H 11.1 IN /urlMr.1 C"M/ fI lM 4.14 I1 WA ..t .,lMtm 1. IM law ...1.4.10
IV. N ,.yl 1, tM tMAMA CnM at W 1 G tM fm Ion. N 1.,, 0." W MI•, IM 1"Ilrl1 t e , A,
41 11
Q, Ir Ml.t ,.11 Ad11lIM1
i . 10' J INfKI 1. 1% W MR.•111'1.(N 11 0.1w1. I..I ill IM w+l Iw N W 1 .w ni* WI IIM .1 0.1.1. 0.w . 11.
111c, a I".10 I'll 1. A. M t Of IW"IR .M "duly Cut M " Mr. N 1MA.
LOUISE STREET if • • 1 A1., 11allf111f, KIM ALL M Of T'"I MC31MI
IMq . 1.(I.1 wry NqI 111. 01.1 1..'rM dry W ,."I. MM,JW n..oP. A, tin
hjl 101 Amntof W U rial 11 In IN 0111 M N.t.n, h.tM f tl, W ION., MCA, tN1,.b t. I" I
Lail III ~+I• IM.rn iM an.<riy u..puq ,1M futll. ru.rnN r!aw Sen«.
P.O. 1. IYi
"W/ M. Y1nt.M Lrtt 0.rdnp,.M
p
,tl. tun H rp.u
1'f. ! cam rr rcnml
J I tif"t K. IM MW.1614.4 0. ur NAt1 G .M rN N1H f.M tf oW Mars M IAb G/ IrrINr.Hr ",'.A-
" " M A. N IN 1.nre v1..0 A.M Is N 111 1. IN AMgln1 MrtM1/va .9 M
Q InnINp1 L M IMI M(.MIIN, u.MN 4, LM IM IM P- .4 "1 A."".1.11.. %Mnl. ..\r nu A. W M IM
0 T - LONSIf IMi.M I<IIN.
i 0. 4y ACRE 1 t , Ixw Who rf K44 m am or$"[if f011-11,11 or 1010.
♦ b fq,l.".
2. O T I L 0 1 2 1. 0 T 1
J 1 /
0 5 d ' I ufYt1'ORI WflffCAti
W p t.a ALL IRA N Tune niNr f r
d's "t IN, 1144inrt t1111r luertlrr, 1. Ntr Ar .lolly IMI w Oil p/Lt w. flrr N
x a 111.1 1, . WILItL4 a.
r d IoW .N that a 114 MM..nt1 o'VI.11 W. "H 1+1.W M IMN M.IN 0? d1l N1NIIw rt
nF
Z ^CP`AT 6 111 MewA, I a..i r I
m OW LEY PARK ADDI ION r rLIM G MI".". w IN N.aw~N N I" coil .r er tN. 1.u..
OT IA BLOCK St ultr t. o ,v., e.
4
RE PLAT
OWSLEY PARK ADDITION
LOT IA BLOCK It
1 .l/r role/ a [ 111 Or •T ONIItY OT ►AK :
IN WICK AOOITION
A o r It • A CITY OF DENTON
1. 0 T 0 111. t ►1 U P Is _ DENTON_COUNTY, TEXAS M
14W"otill.M It" PAA~1,1 4,041 t0.1e01L11,N11 . A 101111 A% / A410Citt..
114VNosl1 Romps AT It.~r~ Il 11111 IYAf1 YI%/
11 . i 1 1 II 11~'/t ~ 0 10 1 { 1 1
fevo '38
CITY COUNCIL AGENDA
BACK-UP SUM4ARY SHEET
•
MEETING DATE. December 31 1985
SUBJECT: Preliminary plat of the Southern Hills Addition
SUMiOARY: This tract is 16.194 acres located at the
northwest currier of Maynill Road and Interstate
358 and is shown in the D. Lampert, J. White,
and the M.E.P. and P.R.K. Company Surveys,
Austracts 784, 1433, and 950, Denton, Texas.
';ne property is zoned planned development (PD),
and mixed use development is anticipated.
City services and facilities, including water,
gas, sanitary sewer, telephone, electrical, and
solid waste are available.
The plat conforms to the minimum requirements of
the Denton Gucdivisiun and Land Development
Regulations.
ACTION REQUIRED: Approval of the ?reliminary plat
RECOMMENDATION: Tne Planning and tuning Commission recommends
approval.
ATTACHMENT: Reduced plat
4
Denise 5 h" M
iv y
Urban Planner
1388g/6
"t JW3; i$ dei
Y • r R• 1
A • ~iT'171'M' \ "
T • b1V.'91
L • ry76. b7' • °
c11' n vim"', W
40erb4'i7•
100.00' \ \
n aswlaW/ ~ . i• st e1~ii► Aw awi orw
' cell AW7/krK~ll
Ir+s+r. n, a At. y-1~ar
otl ~
16, to I. N
1Q•' 9lti.'I!' 1 ` ® 1fMl'it IN•N~ NAY 641.11' / 114644"
Lit 1M II+M•iM NLN' Moil il1.N' t SiN14
1 - N'f11S• IIN.N Ifi.IS• lN1•►S• i StNS•
it •~1 y'~ ~ ~ ~ S~I•Ii'IS• IN.Ii• Itl.1►' • Mf.ff' I ffyi•
++s cw•nar4ru•r~
~~"t4 • I7 1+V~b 44 63.84' m 1►•u'I8. am.", MAP u►.N' 1 ir►i'.
R ~14.7t~ AI't1►'OVt
7
!~`''01l~'~'t1' ` R • 1R~Xs000 7
a • 2040.00 T'Z1.W
t
T •0.41' L : rr,.11' A J ®°~+Q
, 1
e°Ir03• G A3
• too * c41' 6 47'46 • W
cK • t14I'4~l'tC YI rr,~1r t ; i1',~'
I• a/r~+~r TO' , 1. • 431.W
pt ~r n / r ck,Cp%•t4'4T•W/ ~J
I 4t4.6L'
At n 4156 Gb' A+Orf 441T • f ' ~ A 47'3t'MD'ti
91 0 MOW
T • 9291' •.~'r"
sj L 19g.7t,
p •111 ~IN\
4 f1 • g41.41i'4e w ' 12 14 D.W
M.W1 r' -r v I. iv
n41~0~ir><7W
L 4c IAv fl, M ~40 l4.4ei~w c" 44 L irw
I
INNER ~'ko lr n r►1Z V~
T•isa1t4s A WW y IM4tJ \
1 zejOjT, VENT 33~ d c' oo Irv h~IA 16104-
1 01 P0. 494-618 ' 00 0
AN r11~Lfil 74
til c11 • nbs•31dIe'w,,~
14y a a
Preliminary Plat suave 1 ENGINEER
Southern Hills Addition Page 1
btw~'oiel~ }~itlft.ll!i WICH & AOJBg43JATtr,
1 f -lM: X40 ~n s} = "6'
{
Can /
a w+19"Y.'C Q0
E~~~((Z~ f n'%:kii. "Toile
Gy 101.141 K. 4M!
• `a 1 boar 0' ' k''+er~,r
•j~Illr INYA
K*>' iw• I3 • 4400.00,
nw..wtww / arac.r. T tf_aD.bb'
4>db.lOl A' 4f1'31'or D'OIi "t . • C I ' n 44'tf L4
iNJoeiM dt IOIYJr n'46C10o' ~ /
aeaer L' ITS n 1 1~' DCCAt. no
w nl+ly .ww+r ' 11 bCAV r 9 ~t+1'tbr W
4% w
A 14'U'44•
R ' 1040.00' J T• 06,01
• l' ' 44T.&&'' n 1M9'111'W M AI'
L ' 644.1!8 2+11.f}~ ca • g 11•b1'w"W
cK' n l~L•4111,orw LO MM'
MAW
Oka
` go4•oaarw
~Q~1 ° ~ 'bra 4x10.17:' j ~
414411WW
4 csms an& \ ~•~'J'
A a 1 L coo" t• 31,'97'4t
i ' MOO,
IPf14T 11NJ1' 111.1)' IILN' / U'/1'NYI fN.7f' • ' tb6r401
L ' 4415.64
1!'11'1!• fN,N' 111.11' 111.!1' • f1'/1'11'/ IIf.11' C1' nZ'1•~r'
4C1.TG
INN'U• HLN' 1Tf.li' 1)1.11' I IN1f'IMI1 S){. N.'
j
n wow iT'C 1 e ' oti ~ 30
r ~ a • s~o.oa'
L • 910 4'
OWNER C11' 4 P!T'01'04' W
1.56 E 1 386 JT. VENT n 49' n4od 93.60'
VOL. 16.47 Pa. 444-816 U+~il/~~~
R.Q.4
WH1Tfi W1iT&MB q~
WON HANK i 1'RU6T TOWER 3~•`I.
DALLA$, TEXAS 716316 `
(114) 691-3331
Preliminary Plat aw OR ENOINEEA
Southern Hills Addition - Page A
oevuor411, BRImIN CRATRORD WIER A ANSOCIATC50 I
Y Y Y w r 1 \11 NE~IN4 4 Y4N.F Y.N rM Y.n..
W ••••MY MYrMM~ rYr.wn•
Novomber 20, 1985
CITY COUNCIL AGENDA IThN
f0: 14AYOR AND MEMBERS OF THE CI1 f COUNCIL
FROM: Rick Svehla, Acting City Managez
SUBJECT
Consider Proposed Pro Rata Agreement with Summit fddition,
David Grotenhuis, Owner and/or His Assigns for a New Water
Line.
RECOMMENDATION
The Public Utilities Board, at their meeting of November
200 1985, recommended to the City Council approval of Pro
Rata Agreement in order for the Developer to receive a
return on his investment for a new water line extended to
this project.
SUMMARY
In order to serve the area bou!ided by the MKp,T Railroad,
Dallas Drive, and north of i3SE with water for future
needs, a new 12" water line along the proposed oxtension of
Johnson Drive North from an existing 20" line approximately
490' south of pproposed Summit Addition should be
constructed. This 12" water line will serve as a secondary
feeder line for the above described area, including the
proposed development.
BACKGROUND
The developer proposed to construct a 12" water line will
provide approximately 1763 gallons per minute for fire
protection and interior water requirements for development
In this area. This line will cross other properties which
will benefit when they tie on in the future.
PROGRAMS, DEPARTMENTS OF GROUPS AFFECTED
Denton Municipal Utilities, present/future developers
FISCAL IMPACT
No cost to the City of Denton.
4041U:3
Res ct'f~lly s bmittedt
C Ye 8 M
Acting City Manager
Prepared by;
Raymond Rumfield
Civil Engineer
Approv d by
R. E. Nelson
Director of Utilities
Exhibit I Location Map
II Pro Rata Agreement
III Minutes PUB Meeting of 11/20/85
40410:4
,r„syr 1 Z S 9L
THE STATE OF TEXAS WATER MAIN PRORATA REIMBURSEMENT
COUNTY OF DENfON ; AGREEMENT BETWEEN DAVID OROTENHUIS
AND THE CITY OF DEXTON, TEXAS
WHEREAS, David Grotenhuis, hereafter referred to as
"Developer," wishes to develop and improve cer►aia real property
located within the City of Denton, Texas or its extraterritorial
jurisdiction and is required to provide such property with
Adequate water service by designing, constructing and installing ,
water main;
WHFREAS, the City of Denton, hereafter referred "o as "City",
in accordance with its ordinances, may reimburse Developer for the
costs of the water main designed, constructed and installed by
Developer based upon prorst-i charges paid to the City by persons
connecting to such water main;
NOW, THEvrORE, in consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows:
1. Developer will design, install and construct, at no cost to
the City, an eight inch (8") water main and all necessary appurte-
nances thereto, hereafter referred to as "F.Acilities", extending
across and from the Developer's property, for approximately 446
linear feet, as shown on Exhibit "Aattached hereto and
incorporated by reference.
2. Prior to beginning construction Developer shall enter into
a Development Contract, as required by Appendix A of the Code of
Ordinances of City. This Agree-tent shall be subject to and
governed by such Development Contract, which is tncorporateo
herein by reference, and any other applicable ordinances of City.
3. Prior to beginning construction of the Facilities,
Developer shall obtain, at his sole cost and expense, 411
necessary permits, licenses and casements. If easements are
needed, the deeds therefore obcainod by Developer shall be
reviewed and approved as to form and substance by City prior to
the beginning of construction. If Developer t3 unable to acquire
needed easements, he shall provide City with any requested
documentation of efforts to o;tatn such easeoents, including
evidence of negotiations and reasonable offers made to the
effected property owners. Any easements for the Facilities
obtained by the Developer she!; be assigned to City, if not taken
in City's name, prior to acceptance of the Facilities, and
Developer warrants clear title to such easements and will defend
City against any adverse claim made against such title.
4. The estimated cost of the design, construction and
lation of facilities, as determined by public bids on the same or
similar projects, en a pac linear foot basis, is $21.50 per linear
foot or Twenty Thousand Three Hundred Thirty-nine and No 100ths
Dollars $20,339.00) for the estimated 946 linear feet for the
Facilities.
5. Within thirty (30) days of the acceptanca of the Project by
the City, Developer shall submit to the City's Director of
Utilities the actual cost of the Project. To determine the actual
cost of the Facilities, 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 or
other records to verify the actual Project costs. The Director of
Utilities shall review and verify the certified the cost of the
Facilities and the allowable reimbursable costs and date
Facilities were accepted shall be attached hereto and be
incorporated herein by reference.
6. After title to the Facilities have vested in the City, the
City shall collect a prorate charge from any person connecting to
the Facilities in accordance with the pruvisions of Appendix A of
the Code of Ordinances of the City. Within thirty (30) days of
tlfc receipt of such prorata charges the City shall trdn3fer such
aQOunt collected to Developer.
7. The City shall transfer to Developer prorata charges Col-
lected for a period of time of twenty (20) years from the data
Facilities are accepted by City, as specified herein, but snail
not transfer or reiaburse to the Developer do a.cunt of funds in
excess of the actual certified and verified costs of the
Facilities.
8. The parties hereto recognize that the facilities subject to
this Agreement are necessary to provide water to serve the Deve-
loper's property, Should the City decide that it wishes to
participuit in the cost of funding an on- and off-site water main
that wou.d provide greater water capacity then the Facilities
Developer is required to installs the Developer and City may enter
inri a separate Water Main Oversized Participation Agreement. If
such agreement is entered into, the actual off-alts or on-site
water mains to be constructed shall be governed by such agreement,
but the prorata charges to be collected and transferred to
Developer shall be based on the time of this agreement, as though
the Facilities subject to this Agreement were installed.
4. The prorate charges to be collected by the City end trans-
ferred to D,oveloper in accordance with the ordinances of the City
and this Agreement is intended to reimburse the Developer for the
Developer's cost of the facilities by requiring persons connecting
to such Facilities, and benefiting thereby, to participate in the
cost of such Facilities. This Agreement shall not b, considered
to impose any obligation or liability upon the City to pay for
such facilities from its general revenises, bond funds or any other
revenues it may receive, except for those prorata funds received
from persons connecting to such Facilities.
10. Should any court of coupetent jurisdiction daterm:ne that
all or part of the City's ordinances on which the prorata charger
to be paid to developer ,nder this Agreement art based are found
to be unlawful are invalid, the City may cease to charge or
collect such prorata charges for connection to the Facilities and
will have no further obligation hereunder.
11. The .^evelopar shall Lndemnify and hold the City ham leas
from any and all claims, damages, loss or liability of any kind
whatsoever, by reason of injury to property or persons occastoned
by any act or omission, neglect or wrong doing of Developer, its
offtcers, agents, employees, tnvitess, contractors or other
persona with regard to the performance of this contract, snd
. Developer will, at its own cost and expense, defend and protect
the City sasinet any and all such brims and demands.
11. This instrument embodies the whole agreement of the partial
hereto and there are no promises, terms, conditions or obligations
other than those contained herein. This contract shall superceds
all previous communications, representations or agreements, either
verbal or written, between the parties hereto.
13. This agreement shall not be assigned by Developer without
the express written consent of City,
14. Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this contract, shall be
brought and maintained in a court of competent jurisdiction in
Denton County, Texas.
15. This agreement shall be effective for a period of twenty
(10) years of the date facilities are accepted by City or until
Developer has been paid all allowable reimbursable prorate charges
for the Facilities, whichever occurs first; provided, however,
should Developer fail to begin substantial construction of the
Facilities within one year from the date of this agreement, this
agreement shall terminate.
Executed this the day of 1985.
DEVELOPER
DAVID CROTENHIJIS-
ATTEST:
SECKETARY
CITY OF DENTON, TEXAS
K
CITY OF DENTON, TEXAS u
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADA,41 DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY!
'YY1 ~rtiM..
e
H
iA _
J } w /
1 µ
M iAMts l0f T I
T ATM k
IMG~O. ♦CS
1 I
. r Woff asp s sr K a's
j t S I~ f.... ~1
lip
o~usn a.= IRI.....
r 4.
VICINITY MAP , 'i'• 0, Yf
r' LOT I "1 4.;.'f.~ J
hit,
~
. BLOC / so"No Um 50 CIAL
i
.1,164 "t
l'
PRO fATA 00
Vter 1/0
9 `f6 Z ;T
04
H nj4 14
w
XN l ,c3 7" A. ."cif l' w4 LI/S
EXCERPT 2ROM
PUBLIC UTILITIES BOARD MINUTES
NOVaJbER 20, 1985
.............................r.............
b. CONSIDER PROPOSED PRO RATA AGREEMENT WITH SUMMIT
FOR A NEW WATM LINE,
Nelson explained that this item was very similar to the
previous. There is no cost to the City of Denton.
Thompson made a motion to accept the proposed oversize
agreement. Second by Boyd. All ayes, no nays, motion
carried unanimously.
. r 0
December 3, 1985
CITY COUNCIL AGENDA ITEM
TO: MAIOR AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
SUBJECT
Consider Proposed Pro Rata Agreement with J.B. Addition,
Owners, Fred Evans and Jim Leverett and/or Their Assigns
for a New Water Li:,e.
RECOMMENDATION
Th,3 Public Utilities Board, at their meeting of November
209 1985, recommended to the City Council approval of this
Pro Rata Agreement.
SUMMARY
In order for the developer to recoup his expense for
construction of this offsite line, a pro rata agreement is
necessary.
BACKGROUND
The J.B. Addition constructed a 611 water line to serve
their development, A 16" water line is currently existing
on the North side of McKinney St. adjacent to this property
which will offer adequate fire protection. This 6" water
line crosses other property which will benefit from this
line when they tie on in the future.
PRUGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Denton Utility Department, present/future developers, Legal
Department.
FISCAL IMPACT
No Cost to the City of Denton.
40410:9
Re tfuliy submitted,
iRR e a
Acting City Manager
Prepared by:
Ray Rumfield
Civil Engineer
Approved by:
Nelson
Director of Utilities
Exhibit I Location Map
II Pro Rata Agreement
III Minutes PUB Meeting of 11/20/85
4041W10
1267L
THE STATE OF TEXAS § WATER MAIN PRORATA REIMBURSEMENT
AGREEMENT BETWEEN FRED EVANS AND JIM
COUNTY OF DE14TON § LEVERETr AND THE CITY OF DENTON, TEXAS
WHEREAS, Fred Evans and Jim Leverett, hereafter referred to
as "Developer," whether one or acre, wishes to develop and
improve certain real property located within the City of Denton,
Texas or it extraterritorial jurisdiction and is required to
provide such property with adequate vatrr service by designing,
constructing and installing a water main; and
WHEREAS, the City of Denton, hereafter referred to as
"City", in accordance with its ordinances, may reimburse
Developer for the coat of the water main designed, constructed
and installed by Developer based upon pr rata charges paid to
the City by persons connecting to such water main;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Developer and Ctty agree as follows:
1. Developer will design, install and construct, at no cost
to the City, a six inch (6") water me'1 and all necessary
appurtenances thereto, hereafter referred to as ".acilities",
extending across and from the Develo or's property, for
approximately 522 lineer feet, as shown on xhil)it "A," attached
hereto and inc:rp•.)rated by reference.
2. Prier to beginning construction L.-veloper shall enter
into a Developaent Contract, as required by Appendix A of the
Code of Ordinances of City. This agreement shall be subject to
and governed by such Development Contract, which is incorporata;+
herein by reference, and any other applicable ordinances of City.
Prior to beginning construction of the Facilities,
Developer shall obtain, at his sole cost and expense, all
necessary permits, licenses and easements. If easements are
needed, the deeds therefore obtained by Developer shall be
reviewed and approved as to form and substance by City prior to
r ( r
1p ri
I ~
the beginning of construction. If Developer is unable to
acquire needer easements, he shall provide City with any
requested documentation of efforts to obtain such easements,
including evidence of negotiations and ressonabla offers made to
the effected property owners. Any easements for the Facilities
obtained by the Developer shall be assigned to City, if not
taken in City's name, prior to acceptance of the Facilities, and
Developer warrants clegr title to such easements and will defend
City against any adverse claim made against such title.
4. The estimated cost of the design, construction and
installation of Facilities, as determined by public bide on the
same or similar projects, on a per linear foot basia, is $11.25
per linear foot or Five Thousand Eight Hundred Seventy-two and
50/100ths Dollars ($5,872.50) for the estimated 522 linear feet
:or the Facilities.
5. Within thirty (30) days of the acceptance of the
Facilities by the City, Developer shall Submit to the City's
Director of Utilities the actual cost of the Facilities. To
determine the actual cost of the Facilities. City shall have the
right to inspect any and all records of Developer, hts agents,
nmployees, contractors or subcontractors and ahall have the
right to require Developer to submit any necessary inforsation,
docuaents, invoices, receipts or otter records to verify the
actual cost of the Facilities. The Director of Utilities shall
review and verify the actual coat of the Facilities and certify
the allowable reimbursable cost and the date Facilities were
accepted, which certificate shall be attached hereto and be
incorporated herein by reference.
6. After title to the Facilities have vested in the City,
the City shall collect a prorate charge from any person
connecting to the Facilities in accordance with the provistuns
of Appendix A of the Code of Ordinances of the City. Within
PACE 2/PRORATA REIHRUPSEMOT AGREEMENT/EVAFS AND LEVERETT
~ I
thirty (30) days of the receipt of such prorata charges the City
shall transfer such amount collected to Developer.
7. The City shall transfer to Developer prorate charges col-
lected for a period of time of twenty (10) years from the date
Facilities are accepted by City, as specified herein, but shall
not transfer or reimburse to t~- Developer an amount of funds in
excess of the actual cot%ified and verified cost of the
Facilities.
8. The parties hereto recognize that the facilities subject
to this agreement are necessary to provide water to serve the
Developer's property. Should the City decide that it wishes to
participate in the cost of funding, an on- and off-site water
main that would provide greater water capacity then the
Facilities Developer it required to inFcall, the Developer and
City may enter into a separate Water !lain Oversized
Participation agreement. If such agreement is entered into, the
actual off-site or on-site water mains to be constructed shall
be governed by such agreement, but the prorata charges to be
ccllected end transferred to Developer shill be teased on the
terms of this agreement, as though the Facilities subject to
this agreement were installed.
9. The prorata charges to be collected by the City and
trinsl'crred to Developer in accordance with the ordinances of
the City erd this agreement is intended to reimburse the
Developer for the Developer's cost of the Facilities by
requiring persons conner.ti,ug to such Facilities, and benefiting
thereby, to participate in the cast of such Facilities. This
agreement shall not be considered to impose any obligation or
liability upoa the City to pay for such facilities from its
general revenues, bond funds or any other revenues it may
receive, except for those prorate funds received from persons
connect!nq to such Facilities.
f PAGE 3/PROPATA REIMBASEMF.NT A%EFMENT/EVANS AND LEVERETT
#h w y~" r •3 e s [ r: r' i : r p+~ a,~ i .r i tr.E . H-. ~n 3 `.tk 3 r , a^-;
10. Should any court of competent Jurisdiction determine that
All or part of the City's ordinances on which the prorate
charges to be paid to da+eloper under this agreement are based
are found to be unlawful are invalid, the City may cease to
charge or collect such prorata charges for connection to the
Facilities and will have no further obligation hereunder.
1L. The Developer shall indemnify and hold the 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 wrong doing of
Developer, its officers, agents, employees, invitees,
contractors or other persona with regard to ne performance of
this contract, and Developer will, at L,a own cost and expense,
defend and protect the City against any a d all such claims and
demands.
li. This instrument embodies the whole agreement of the
parties hereto and there are no promises, terns, conditions or
obligations other than those contained herein. This contract
shall supercede all previous communLcatio.3, repreuentations or
agreements, either verbal or written, betwc a the parties hereto.
13. This agreement shall not be assigne by Developer without
the express written consent of City.
14. Any and all suits for any breach of this contract, or any
,ther suit ;'ertaining to or arising ,ut o: this contract, Shall
be brought and maintained in a court of competent jurisdiction
in Denton County, Texas.
15. This agreement shall be efftctLve for a period of twenty
(20) years of the date Facilities are accepted by City u: until
Developer has been paid all allowable. reimbursable prorata
charges for the Facilities, whichever occurs first; provided,
however, should Developer fail to begin substantial conattucticn
of the Facilities within one year from the date of this
agreement, this agreement shall terminate.
PAGE 4/PFORATA REIMBURSEMENT ACREEMtN'i'/LVANS AND VVERETT
l•''
s'1 't "'i',Y A° 0. a .i." .k,. r w ^5 T d. ~7777T 77
.y F 5r r t ,t
Executed this the day of , 1485.
DEVELOPER
FRED EVANS
ATTEST: JIM LEVERETT
9ECRETARY
CITY OF Li.MN, TEXAS
RlCV SVEFMAO ACTING CITY MANAGE
CITY OF DENTON, TEXAS
ATTEST:
'P1''E i r CITY SECKMM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
LEbiU ADAM DRAYOVITCH, CITY ATTORNLY
CITY OF DENTUN, TEXAS
BY:
PAGE 5/PRORATA REIMBURSEMENT A(;REEMENVE','ANS mfr LEV),RE1"i
r_rrrrr.~r~nrrrertrrr~~r
' o/trrfr i _
fto1 0A1111 , rf tf.j per.
oz Pik.
to,
,ter w N {T1ji
anoo. of r,
. ~a f r
Art or 1ws ( A of
_
ulrrs of velrtM 7Q.GtO
,r.. G + 1 r . Sri
rRfAf The Jeer IAI Unrtf urt lun U ner•r and b..•nuf+Al f~llovey in. tr+r1 a ` _
LM dHtolMd mII wort I!uLrl1 11 l ~'•VJU~yL,t[~~, •.z_ ~7p•t A ...~-ti .
h• [M M C R ► f R A, Co tl,tnr rr 411,
1 [NI tree Ht ?Ile tD•ntan count /.1T•Aaa And bolnt a "It of the Yr
rw[ rlalr Cl a14.7'0 931- 'K LII'l;; _ z...
toM trltt ♦I rtld U that tool. fiwtr.'a
F1 ) ecru ►ee wt tM Mee
rd al Rat•// rf tMMr•t CnW16b loss', and be tor nrr ^+,IltxLrl/ e••a IS•O r
1•llnxo - i.'..•..ae.
r.1mltf of An Iron 1111, for lM tprehw„ It. 0,14 pint lld.a y,wtAnl Jhdnrrur f 1 .1
[-cal 1kR{rnr/ r L0~
wthxoal rUht nfws! of 11
1 nllrua. Cut Will fret Irm • riAhl •of -Ytf fort, dt.4~n;o .•I j I
tt. +
unto ~•uth f7 dr/rrrA 10 olrwta. L,.I rllh a+ld rlrhl anr •d•Y• ! lot- ~1 11 a7 fen u, o t4h/ nlra7 rr.rr.fwnl !,n An u.
rl lh Joe ti/h1 . t 1< t16
i
nenro %.,I% 1I d•rr•o• 1) nl nutor if ra^nd+ `.+ot r,nl tool n, R u d Ot.
/..yr 11 Al feel to r erel••11• .at f~'r Ih• nor th•n1 .,.,nrr ,.1 A 41 r .mf OlA f
Ln<r f,weh 11 drAtee• Of •ipnatrf is nneut hra.l aft nr, tf rtill. et,r1 d root a J d so, f IN • foot rhr
In • rrnrrtlr •7 t i •I(^
w
ttb f.nrr, r dLr m.. 4 J<
hAMa North IJ drrNee )P nlnf 17 PAC O"
d 444 4) fret to t crl '.eN "Co f1•1 u't the .ut A'r•1 fern. 1 I ,or rnr• Ilmh 77 b/ nra OS .motor t{ a, nd. U.. if!17O hat ..1%4 • f r.u f
Ih *dJ~>t w
•Ir ,•:+t •f Ud~A+~Itq ~ ogol
aol. 1httL1OAJ AnPif Att MEN I1 sm"t rALSEAIS
f p.nt,x' fro ral'
rnrl, Ltl 1.11 CnnrerYtt ton cn duet he1•b7 oJA,6d,I Ian in tn, C, i'.1lnr. Inr [r raehlr 1Pw 1,f1
ob•.r Irrcrlhrd "tenet tf to tn1 I lvej i. J l 'r0 f,,nr.
porno CnYnry, 1onAa end doer Mlol) eedtcau In hI ,rvO1 rt wo [ar rv. Ihr
r .N+rrr [h 'rnn
I t,MI• aM aA.00A@ IAOI Soli C. n.tru't 1~7+ C^
• 1
1,+1 tell, •r✓
fr •r e•.rn Ltl ire
r1A1t M 1f Mt r+, rn 1.•i nr1 •
Iri"e r1, the undarll/ned aul Mn"I•f ltr in IAn da. P•I •"n'll AiN` ~
I'l, fn re he 1r lM oiled l l nrr I. .l.r r.nrd fn lM' f ilt nine .m,r
wrnl •n1 rtlnndad•ad M n IhAt M r,ralrJ rhr ..•,o I,r t6r •„~,r
r,L rl lnN IllaWn rrYf 1..•d 'I'd in IM rd •trr, r*, Y+'.nnfl ,trd lee
C~•on ,wdof .Ir MMI and u.•l of „flue Ihl. Ihr 4Rq r
. I I,. hell.. ,n .nl f. r "1 „ tCF1` 'li't 0,0010` Ni l~)ry
,Irl ll l,11 JVVj6 ..At
wMr Jf, 1f~
SIfYr'.I d'n.
1 111
Rr• ~ ~ r r f IM
Air1•<rr,A P.d lee. 'v rd., b.. rl, n•ul
r xJJ .Ir,•I n,m art••,• + IniA -..1 n, .r , ~ft 40 ~fyl.
lM♦ I. In1,nJ R.v ln,Inn. r. ) f A
H
rffepuod $%I, pill to •n act n•,1 .r.,.• ad
Irrf .IAA •Wtwrw r1M rJ xr•/er
i
EXCERPT FROM
PUBLIC UTILITIES BOARD MINUTES
NOVEA48ER 20, 1985
10. CONSIDER PROPOSHD PRO RATA AGREEMENT WITH J.B.
XMM
111=-v A
AbblUfib FOR A NEW WATER LINE-.
Coomes emphasized that fact that a 16" inch water line
currently exists on the north side of McKinney Street
adjacent to this property which will offer adequate
fire protection.
Coomes made a mo+;ion to accept the proposed pro rata
agreement. Second by Frady. All ay.2s, no nays, motion
carried unanimously.
i
i i't ♦ n. R
F
TT-
December 3, 198s
CITY COUNCIL AGENDA ITEM
T0: MA20R AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
SUBJECT
Consider Proposed Pro kata Agreement with J.B. Addition
Owners, Fred Evans and Jim Leverett and/or Their Assigns
for a New Sewer Line.
RECOMMENDATION
The Public Utilities Board, at their meeting of "November
209 1985, recommended to the City Council approval of this
Pro Rata Agreement.
SUMMAR Y
In order for the developer to recoup his expense for
construction of the offsite line, a pro rata agreement is
necessary.
BACKGROUND
The J. B. Addition constructed an 8" sanitary sewer 1lne to
serve their development. This line crosses other properties
which will benefit frow this line when they tie on in the
future.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED
Denton Utility Department, present/future developers, Leg..l
Department
FISCAL IMPACT
No Cost of the City of Denton.
4041U:ll
•R-, . ,a=r t' i .;{"il m "oaf
1
Re c ully ubmitted,
Trick Svehia
Acting City Manager
Prepared by :
Ray Rumfield
Civil Engineer
Appr vied by-,
7G
e son
Director of Utilities
Exhibit I Location Map
II Pro Rata Agreement
III Minutes PUB Meeting of 11/20/85
4041U:12
1263E
THE STATE OF TEXAS § SEWER MAIN PRORATA REIMBURSEMENT
AGREEMENT BETWEEN FRED EVANS AND JIM
COUNTY OF DENTON 9 LEVERETT AND THE CITY OF DENTON, TEXAS
WHEREAS, Fred Evans and Jim Lnverett, hereafter referred to
as "Developer," whether one or more, wishes to develop and
improve certain real property located within the City of Denton,
Texas or its extraterritorial jurisdiction and is required to
provide such property with adequate sewer service by ue igning,
constructing and installing a sanitary sewer main; and
WHEREAS, the City of Denton, hereafter referred to as
"City"s in accordance with its ordinances, may reimburse
Developer for the cost of the sewer mein designed, constructed
and installed by Developer based upon prn)rata charges paid to
the City by persons connecting to such sewer main;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Developer and rlty agree as follows:
1. Developer will design, install and construct, at no cost
to the City, an eight inch (d") sanitar; sewer main and all
necessary appurtenances thereto, hereafter referred to as
"Facilities"s extending across and f m the Developer's
property, for approximately 532 linear fees, as shown or. Exhioit
"A," attached hereto and incorporated by reference.
2. Prior to beginning construction bevelu~er shall eater
into a Development Contract, as required uy Appendix A of the
Code of Urdinances of City. This agr.ement shall be sublect to
and governed by such Development Contract, which is incorporated
herein by reference, and any other applicable ordinances of City.
3. Prior to beginning construction of the Facilities,
Developer shall obtain, at his sole cost and expense, all
necessary permits, licenses and easements. If easements are
needed, the deeds therefore obtained by Developer shall be
reviewed and approved as to form and substance by City prior to
the beginning of construction. If Developer is unable to
acquire needed easements, he shall provide City with Any
requested documentation of efforts to obtain such easements, j
including evidence of nagotiltions and reasonable offers made to
the effected property owners. Any easements for the Facilities
obtained by the Developer shall be assigned to City, if not
taken in City's name, prior to acceptance of the Facilities, and
Developer warrants clear title to such easements and will defend
City against any adverse claim made against such title.
4. The estimated cost of the design, construction and
installation of Facilities, as determined by public bide on the
same ror similar projects, on a per linear foot basis, is $11.15
per linear foot or Nine Thousand Four Hunored Forty-three and No
100ths Dollars ($9,443.00) for the estimated 532 linear feet for
the Facilities.
5. Within thirty (30) days of the acceptance of the
Facilities by the City, Developer shall submit to the City's
Director of Utilities the actual coat of the Facilities. To
determine the actual cost of the Facilities, City shall have the
right to inspect any and all records of beveloper, his agents,
eaployees, contractors or subcontractors and shall have the
right to require Developer to submit any :ecessary informatlon,
documents, invoices, receipts or other records to verify the
actual cost of the Facilities. The Director of Utilities shall
review and verify the actual cost of the Facilities and ce70fy
the allowable reimbursable cost and the date Facilities were
accepted, which certificate shall be attached hereto and be
incorporated herein by reference.
6. After title to the Facilities have vescee in the City,
the City shall collect a prorate charge from any person
connecting to the Facilities in accordance with the provisions
of appendix A of the Code o: Ordinances of the City. Within
PACE 2/SE1iFA PRCRATA ACKLEXLNT/EVANS AND LEVERETT
I~
i A1^•t'E'FiW'ra j\ J ^r r Y ';f' y. r1: 'F r'r s::~~ 3- `T°7Y rG--_R-'.-`, TT,- ~r."
:ti ♦ -
r
thirty (30) days of the receipt of such prorata charges the City
shall transfer such mount collected to Developer.
7. The City shall transfer to Developer prorata charges col-
lected for a period of time of twenty (20) years from the date
Facilities are accepted by City, as specified herein, but shall
not transfer or reimburse to the Developer an amount of funds in
excess of the actual certified and verified coat of the
Facilities.
8. The parties hereto recognize that the Facilities subject
to this agreement are necessary to provide sewer service to
serve the Developers property. Should the City decide that it
wishes to participate in the cost of funding an on- and off-site
sewer main that would provide greater sewage capacity then the
Facilities Developer is required to instill, the Developer and
City may enter into a separate Sewer Main Oversized
Participation Agreement. If such agreeaent is entered into, the
actual off-cite or on-site sewer mains to be constructed shall
be governed by such agreement, but the rorata charges to be
collected and transferred to Developer shall be based on the
terms of this agreement, as though the acilities subject to
this agreement were installed.
9• The prorata charges to be colter id 7y the City and
transferred to Developer in accordance Pr;th the ordinances of
the City and this agreeaent is intended to reimburse the
Developer for the Developer's cost of the Facilities by
requiring persoris )nnecting to such Facilities, at.d benefiting
thereby, to participate in the cost of sich Facilities. This
agreement shall not be considered to impose any obligation or
liability upon the City to pay for such Facilities from its
general revenues, bond funds or any other revenues it may
receive except for those -orsta funds received from
~ P~ Persons
connecting to such Facilities.
PACE 3/SEWER PRORATA AGREEMENT/EVANS AIJD LEVERE'IT
10. Should any court of competent jurisdiction determine that
all or part of the City's ordinances on which the prorate
charges to be paid to Developer under this agreement are based
are found to be unlawful are invalid, the City may cease to
charge or collect such prorate charges for connection to the
Facilities end will have no further obligation hereunder.
11. The Developer shall indemnify and hold the 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, nsglvct or wrong doing of
Developer, its officers, agents, otwployees, invitees,
contractors or other persons with rei;rrd to the performance of
this contract, and Developer will, at its own cost and expense,
defend and protect the City against any and all such claims and
demands.
12. This instrument embodies the whole ab rment of the
parties hereto and there are no promises, terms, conditions or
obligations other Than those contained herein. This contract
shall supercede all previous comraunication,, representations or
agreements, either verbal or written, betwe.:a the parti- sere.'o.
13. This agreement shall not be assigned by Developer Lout
the express written consent of City.
14. Any and all suits for any breach of this contract, or aiy
otter suit pertaining to or arising out of this contract, shall
be brought and maintained in a court of competent jurisdiction
in Denton County, Texas.
1:. This agreement shall be effective for a period of twenty
(20) years of the date Facilities are accented by City or until
ueveloper has been paid all allowable reimbursable prorate
charges for the Facilities, whichever occurs first; provided,
however, should Developer (ail to begin, or after beginning,
fall to rontlnue substantial construction of the Facilities
within one year fro% the date of this agreement, this agreement
shell terminate.
FAGS 4/SEWER PRORATA AGREEMENT/EVA.vS AND L:VERETT
m ..A. i f n 5 eKt 1 +
Executed this the day of , 1985.
DEVELOPER
FRED EVXRS-
ATTEST:
CITY OF DENTON, TEXAS
FCm a, 1
CITY OF Dt'rMo TEXAS
ATTEST:
CHARLOTTE ALUENo CITY 3ECKErM
CITY OF DENTON, TEXAS
APPROViD AS TO LEGAL FORM:
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
CITY OtF~ DENTON, TEXAS
BY: ID, n tr~,
PAGE 5/SEVER PRORATA AGREEMENT/EVANS AND MUM
i
s,att a rwd ~%tr,~
CMIMTI fl w,I,TVI y
NI/aGl, TM Let Mll tnnferuc Uun tn.. I. the rrme, Uf the fol rnrl TP roar ..,~~r!?
f el last Iupled mr• part lcularlY N ne u, rM 'r•lr.r of
Inllwr 1.•'•ll,r
tt taffeta ? Itl sera tract of Iona tllev, is raft IS. C.I, t ! IAN Ce, •f r'4! ~~~'~~-1 r~ a 'er al/ a/
{ tu .
rra}}. Iract Ntne•r t rnur N1, 0w. ten C"Mr, eaaa nn/ ►aiat a Part of fill r!ef
c Ir -
aeM t N l, act" art out eM described to that pa~ IifYtat If u4ucrlN/
d of lafnrd of dented rouri tear, and ula.5 _
a fnlt.wf • ' . h aI I~tft
P{rally at as Iron !.to 1rr /M northwrt Wall a1 tolls tr a<t. In the ' l pa apw t-
dlwtArpt HrAt•nl wy et} Utt M itimay ntrW, uN Pin Ile. Somh a? bruea ltd _
Sa minute! Call 1f, 11 hat fella a right •atNy Nal• Iti
thence %"ufh If d.Irerf 10 wl"uUa 1:111 'rllh r'wl/ rIr111-' f rar .I dl.tnner •f , 1
ON t"t an n/lr p lnf +hl+ Ifaat. ~p ►t th- je f 1l0 t
UI of feet to a IIIM nl•Inr nrnuax
H Are: r) u f fq,at r•jrt M++llf• ^"~I 7r1.1 MM "nflTe. al l rulnrynlF CA Ndn arri ; i
e~
pent• f"aA 11 drltrnr Of ►l moue U nelMdr tN rt, dtA a f nee.. Uvlelua a r~l f
of N4 a hu to a .rnu•tla ,+nal fnl raft •ru"Mr.l ."net thtr lr,la, d" P
4 1
fhante Met uifr.rifernai~t l~nlmae►nn1~f ~"C,tWC+•;.uIM'b.-i nx nnC, ddihi.nre,c . M~
rf 644 43 r
theft: Itnrlfl !f Nrns, 01 "l"u"ll H recnMr Cart, Its a feet w+th a rata 1 FY
p• Ilme a ►glllaul 4y 6 w
Ni flR4fJIk11 1MU1 At& Mtll It TII=SC f4/Stl11S
•ttlal CA don Aara►) ednpt CNN plat Iallln"tlrl! tM +
fut. le.v r+Il C"nreru. fa0hlf i "ever
M u.n Clwn i~~T,/Cai Nas 1 har:i/ /,111 .1 Indl Ml Whi lle the (~irv.r ~fr ~ W C~"rVl
Itlnff ant els~is Phnom the um' wr Y'•+4r
it 1411 n. n.lru cllm C^1'
l ail !.'1 r
rf'•f rrn, .II u
M+
!lrll hr ,i U+
Wall rr, the I04e141tood .+ulr.'.rtlr thl L, Pn.+•n.lll. .rpe„v'1 r1.r x«t ,T
am.* «r re If IM °*I a." ^te It, I .R.II li.fd 11• IM f Irr n.An.'U ~
r.e"o into at 6ro•4 '4. 11
Ir,rvdlhnnJhln",ir rw a*1 I•+•rln "IYI r,I IL,
1 hdll al l.T Ih11rIT •.I'f1
4.rn Un Rrr x. Ml tad qd .d nllla" Ohl. rM
tOtalOrt
r e.~r
.II,r M1JJ 1. .nJ 'In. , rr f
I~I~~ ~~4 I•aIt ~ I l
~ /~N~ ~ ~►sa fp01t %0I14
t
lrefl rl r''• I lrll 11 111
1 at t. a ,
1 i•• tar
r for lfa r •.r - . .1, 1..,1.,.11111
TMI I 1 fill , fl,nh•et MRWIn.r1f1. -rl r• , ..,1 o ~Ot 10 rd t+ Iltf
, .
PPttPerdM1hNA nT14.,,W tM fr'r an .:tlra ~n'I ~i~~nd~l~ , IIIa Via, its PAP caly If/a air
IIN nI .'l wt rd Undrf
r1, .r/.1~! .1 f ~ 1 NIPtt
' I..'r if it Il" ".4,
L
1 05""
EXCERPT FROM
PUBLIC UTILITIES BOARD MINUTES
NOVEMBER 209 1985
11. CONSIDER PROPOSED PRO RATA AGREEMEN9 WITH J.B.
JCfSU?'t
THEIR a 5 FOR A NEW SEWER LINE,
Coomes motion to accept the proposed pro rata
agreement. Second by Thompson. All ayes, no nays,
motion carried unanimously.
M............................................
1
-1 A
~f
IAA I, i4,
December 3 1485
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
SUBJECT
Consider Proposed Oversize Agreement with Summit Addition,
David Grotenhuts, Owner and/or His Assigns for a Now Water
Line.
RECOMMENDATION
The Public Utilities Board, at their meeting of November
209 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.
S UM.P4 AR Y:
Dallas order Drive serve the
and north area bounded
I3 Eedwith the
water 6 for aifuture
needs, a new 12" water line along the pproposed extension of
Johnson Drive North from an existing 20" line approximately
490' south of proposed Summit Addition should be
constructed. This 12" water line will serve as a secondary
feeder line for the above•descrf.bed area, including the
proposed development.
BACKGROUND
A 12" water line will provide a pproximatoly 1763 gallons
per minute for :ire protection and interior water
requirements for developments in this area,
PROGRAMS, DEPARDIENTS OR GROUPS AFFECTED
Denton Municipal Utilities, present/suture developers.
FISCAL IMPACT
Costs are estimated as follows:
Total cost of water line to serve
areas of development
946 LF x $25x00/LF . $230650.
Cost to serve Summit Addition project
946 LF x $21, SOAP 20 33=9:
Cost of this project to the City of
Denton $ 3,311.
Difference between a l&'' water -
line`and an All water line
404IU:1
n b Tq1~ " * 'wr 17
Res ectf 11y s bmitted,
c ve a
Acting City Manager
Prepared by:
Raymond Rumfield
Civil Engineer
Approved b
R- .--E s
Director of Utilities
Exhibit I Proposed Oversize Agreement
II Location Map
III Minutes PUB Meeting of 11/20/85
IV Ordinance
4041U'2
EXCERPT FROM
PUBLIC UTILITIES BOARD MINUTES
NOVH4BER 20, 1985
i
S. CONSIDER PROPOSED OVERSIZE AGRBEMEhT WITP, SUMMIT
Ham explained that this new water line will serve the
area bounded by the M K $ T Railroad, Dallas Drive, and
north of 1-35E with water for their future needs. The
additional water is needed to meet the nxp<;cted
development which will occur in this area.
Cuames asked how many times this property has changed
ownership. Nelson explained that while that had been
an issue in the past, in order to prevent future rapid
turnovor, a clause had been added to the oversize
agreement cautioning the owner that "if Developer does
not begin substantial construction c.f the oversize
facilities within twelve (12) months of the effective
date of this agreement, this agreement shall
terminate." Thompson pointed out that "substantial
construction" or development coull be interpreted a
number of ways. Total cost of this project to the City
was to be $3,311.
Thompson made a motion to accept the proposed uversize
agreement. Second by Boyd. All ayes, no nays, motion
carried unanimously.
12t lrtk .K y 1 ,i, ^P7.'^'ews'~n!waw~w
.L .1 x It CTI~l
THE STATE OF TEXAS y
WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF DENTON
COUNTY OF DENTON y AND DAVID GROTENWHII5
WHEREAS, David Grotenhuis, hereafter referred to as
"Developer," whether one or more, whose business address is 3757
State St., Suite 210, Santa Barbara, CA 931059 wishes to develop
and improve certain real property located in the City of Denton,
Texas or its extraterritorial jurisdiction and is required to
provide such property with adequate water service by designing,
constructing and installing a water main of a minimum ine:do
diameter of eight inches ($II), hereafter referred to as "required
facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 E. McKinney, Denton, Texas 76201, hereafter referred
to as "City," in accordance with its ordinances, wishes to
participate in the cost of the construction and installation of
said water main to provide for an "oversized" water main to expand
its utility system and insure adequate utility service to other
Custoiaetaj
NUW0 THEREFORE, in consSderation of the mutual promises am
covenants contained herein, Developer and City agree as follows:
1. Developer shall design, install and construct a twelve inch
(1111) water main and all necessary appurtenances thereto, hereafter
referred to as "oversized facilities," extending a total distance
of approximately Nine Hundred Forty-Six feet (9461), located as
snown on Exhibit "A," attached hereto and incorporated herein by
reference.
1. Prior to beginning construction of the oversized facilities,
Developer shall enter into a Development Contract, as required by
Appendix A of the Code of Ordinances of City. Tnis agreement snail
be suo}ect to and governed by such Development Contract, which is
77 1,7 Il
S. Within thirty (30) days of the acceptance of the facilities
by the City, Developer shall submit to the City's Director of
Utilities the !^tUZ1. ,)t U,a 4rvr4;lzCd facilities. Should the
actual cost of the oversized facilities be lase than the cost on
which the City's share eas determined, tie City's share of the cost
shall be reduced proportionally, on a per linear foot basis, based
upon the difference of the actual cost of the oversized facilities
and the determined coat for required facilities. To determine the
actual coat of the oversized facilities, 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 or other records to verify the actual cost of the
oversized facilities.
b. Within thirty (30) days of the date the Developer has
submitted satisfactory documentation of the actual cost of the
oversized facilities, as determined by City, City shall pay to
Developer its share of the cost thereof.
7. All notices, payments or communications to he given or made
pursuant to this agreement by the parties hereto, shall be sent to
Developer at the business address given above and to the Director
of Utilities for the City at the address given above.
d. Developer shall indemnify and hold Gity 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 parsons with regard to
the performance of this agreement, and Developer will, n its own
cost and expense, defend and protect City against any and all such
claims and demands.
9. If Developer does not begin substantial construction of the
oversized facilities within twelve (12) months of the effective
date of this agreement, this agreement shall terminate.
IV. This instrument embodies the whole agreement of the parties
horoto and there are no promises, terms, conditions or roligations
PAGE 3/WATER PAMICIPAILON AGREEMENT/GROTENHUIS
incorporated herein by reference, and any other applicable
ordinances of City.
3. Prior to beginning construction of the oversized facilities,
Developer chall obtain, at Developer's sole cost and expense, all
necessary permits, licenses and easements. If easements are
needed, the daedc therefore obtained by Developer shall be xeviewed
and approved as to form and substance by City prior to the
beginning of construction, If Developer to unable to ascquire
needed easements, Developer shall provide City with any requested
documentation of efforts to obtain much easements, inci.uding
evidence of negotiations and reasonable offers made to the effected
property owners, Any easements for the oversized facilities
obtained by the Developer shall be assigned. to City, if not token
it City's name, prior to acceptance of the oversized facilities,
and Developer warrants clear titlu to such easements and will
defend City against any adverse claim made against such title.
4, The City's share in the cost of the oversized facilities,
based upon the difference in the cost of installing required
facilities, as determined by City by public bids on the same or
similar projects on a par lin6 • foot basis, and the coat of the
oversized facilities, as determined by the City, based upon the
amount of a bid rom the lowest responsible bidder on the same or
similar oversized facilities, enall be in an amotat not to exceed
Three Tnousand Three Hundred Eleven and No/100th, ($3,311.00), and
City shall not, in any case, bo liable for any additional cost
because of delays is beginndng, continuing or completing
construction; changes in the price or cost of materials, supplies,
or labor; unforeseen or unarticipated cost because of topography,
soil, subsurface, or other site conditions; differences in :he
calculated and actual per linear feet of pipe or materials needed
for the oversized facilities; Da•nloper's decision as to the
contractors or subcontractors used to perform the work; or any
other reason or cause, specified or unspecified, relating to the
construction of the oversized facilities.
PAGE 2/VATER PARTICIPATION AGREEkfElYI/CROTLSHUIS
r
other than those contained herein, This agreement shall supersede
all previous communications, representations or agreements, either
verbal or written, betr,een the partios hereto.
11. This agreement s.oell not be assigned by Developer without
the axpreas written consent of City.
12. Any any all suits for any breach of this contract, or any
other suit pertaining to or arising out of this contract, shall be
brought and maintained in a court of competent jurisdiction in
Denton County, Texas.
Executed this the day of , 1985.
DEVELOPER
BY:
DAVID
ATTEST:
NARY _
CITY OF DENTON$ TEXAS
RICK r
ATTEST:
CFMOTrE ALUN CITY SECRETARY
CITY OF DE11TUN, rTtJ(AS
APPROVED AS TO LEGAL FORM:
DlidRA ADAMI DRAYCVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
by: (L
PAGF,,G/WATER PARTICIPATION AGREEMFNT/GROTENHUIS
whr.r*y A~
• ! /
111t~V.i ItSAT JAMES Orr
w f ~ ~
s u
. ~ r:♦'ot't~tt~~~ c etr er coo c
OA~C ~ I ~ r
VICINITY MAP HcRrr i J• r
rS' r 10,000 ».a~ ..CCT 1 ,,l.. f'r~
I
H e !p' J hit
Exa~cn~ IL'+ / dLOC :w+RO Mm Ciii
~
Witter I erne I ~
.a I
AO'~Ow Yr
COVC
N
946 ro 4 +RSIx ~rY -
R 1
~ dL``1'i. .7r'~ °4~+1 '~`1"TP',. '~n7, l.%Y.~S `l`•dT`.m.^r~"S ~ r1.~4"~.'__"~T''" -r. 'f~+. 3".
t Yn.
DATE: 1'213/83
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Public Hearing for Zoning Case 2-1775
RECOMMENDATION: The Planning and 7oning Commission considered this
itein at its meeting of November 6, 1985 and voted
to recommend approval of 2-1775 by a vote of 5-0.
SUMMARY: This is a request for a change in zoning frtm the agricult.:91
(A) district to the planned development (PD) classification
for single family detached housing on a 22.7 acre tract
located approximately 1000 feet west of Mockingbird Lane
and 1000 feet south of Audra Lane.
BACKGROUND: The oii.ginal request was to allow planned development
zoning for 6400 square foot lots; huwever it was re+ised to
7000 square foot lots at the Planning and Zoning Commission.
This land use is compatible with surrounding land uses
and zoning.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable.
FISCAL IMPACT: There in no impact an the general fund.
Re pet kly ted:
,~0,1t
Rick Svehla
Acting City Manager
Prepared by:
i 'l e..
Denise Spivey
Urban Planner
Appr e
a e
Director of Planning
and Community Development'
PLANNING AND ZONING COMMISr8100
R8COMM8NDATION TO 'BNB CIV COUNCIL
TO: Deatun City Council
i Case No.: L-1715 Meeting Date: December 3, 1985
GENERAL LNFORKATION
Applicant: BurKe Engineering
417 S. Locust, Suite 105
Dentca, Texas 762U1
Status of Applicant: Developer's Engineer
Requested Actio,l: Change in zoning frum agricultural j
(A) )isLrict to the, planned
develnpinent (PD) classification to
permit 1,000 square Pout lots,
Location and Size: 22.7 acre tract locatad approximately
l,UU0 feet west of Mocr,ingoird Lane
and approximately 11090 feet south of ~
Audra Lane.
Existing Lrand Us:-! Vacant:
Surrounding land Use
and Zoning: North - Va.antt single family; A
South - Vacantl single family; 9F-7
Sast - Vacant] PD-34
Nest - Vacant; single family
Denton Development Guide: Area is designated as low intensity,
SPECIAL LNFOAMATION
Trdnsportation: Access to the development will be
tarougn Pepper Ridge and Pep;,ertree
Drives in PO-34 adjacent and east of
this site, Sidewall:A should be k
requested on one side of all straets
as a condition of the planned
development. Tdc proposed sLreov.
layout in the southeast corner of the
project should be revised,
■■rs~~s~-
s 'P s t n.? nir s Ali . y+ + „fir. m
X~ r !~r°T~ ~1. .r~'Y i. y~,f~ y l" ,p ; P ~ si\i s R -77",97
pago,"Tw4
SPECIAL INFORMATION (continued)
Utilities: Tnd 8" water line on Mockingbird may
have enougn capacity for this
project, 'rho 8" sanitary sewer 600
feet west of and parallel to
Mockingbird may not have capacity for
tnis project and requires further
stddy. Tile sewer line on MocKing'oird
Line nas a 6" bottlenecK and does not
nave capacity for this project.
Drainage: No drainage facilities exist
downstream from tnis project.
Analysis of downstream problems and
detention will be required.
ANALYSIS
Tnis property is located in a loa intensity area. The Denton
Development guide designates low intensity areas as the City's
I primary nousing areas. Tile Intensity standard for the area is
already exceeded by approximately 11. 3mallur size (6,400
square cunt) residential lots nave peen approved and are the
norm in this northeast section of the City,, The proposed land
use is consistent with zoning and land use in the areal however,
ataif recommeads upgrading this request to minimum 7,I;U0 square
foot lots due to the violation of the intensity standard.
A8COMMENOATION
Too Planning anci 'tuning Commission eecummended approval of
L-1775 at its Novemoer 6, 1985 meeting by a vote of 5-0 with the
following conditions:
1. Minimum lot width will be 60 feet and mintmum lot deptn will
as 100 feet; nowever, minimum lot size will be 7,000 square
feet.
2. Building lines, lot coverage, neiiht limits and all other
applicable ouilding standards %,*".I be consistert with the
single family (SF-1) distric%; standard'i.
3. Sidewalks will be required on the south and west aides of
all streets in the development.
I
r . a- R! n S i ~ ,`rr_:. I '--ate' ;.•.,_I tT ~,'1 ":V.nx a TI' r
r
i }d~Yr. 11 1.
71.
(Case 2.1175;
Page Ta ee
AUVERNA` UES
1. Approve petition with conditions
2, Deny petition
ATTACHMENTS
1. Location ;44p
2. Planned Development Concept Plan
3. Reply Forms Total
4, property UWner List
5. Minutes ,.g the Noveatuer b, 1~d5 Planning and Zoning
Commission Meeting
i
14108
i ,~J 4 v. ~ Ir~wrlY~rw~i. its
y a N. _
_ ~_.L.. ' M~ g
PD-73
PD-34 '
i
Paso A ! L 1
L
ILI
t u I ' r
S-172
F-I
MF-1 A = L l
=
I MF-1
Ll PD 41
i
_V
i
I
I ~ ~r..~irr F
Ll
~ r~ I +
{
y silo
OrI7
I 1 ~ i i •I f+
h_ L
L - E
xNG: a
[I
r
r 1'~ y ~ ill
r
.01
04
1
y a ~ ~ ~ VIClNtTY AIA/ .
i t. ~ I 1 ~ r
M06KWGB1ftb AUT
ZONING CHANGE MET
M,
~ W-M `~•rl
{p
wa "ft ago Lm
r,"C 4
L h", JEW. fr iyP"
{ I
ZING: SF-7 BU", ENOF4M" •
~,MN IIC11M-MI
:7owl775
PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1775
IN YAVOR IN OPPOSITION UNDECIDED
None Received J. W. Burris
420 S. Carrol:
Danton, TX
I
t WSJ 4':: 1.•5~ ~~:T r`~ r~ ei. ~ 1 r ' ° 1',`
7 o/cco
A ,
r I
Jrp
,
v
i Ail,
u~
IZV
f , r
J J.ea
C~n , r
J --5, 2 41
/ JJ
rr_~~ r
,
rwr
Tt :a
NoYerbecn6,e196S
Page 9
B. 177S. Petition of Burke Engineering requestln,i a change
ft..
from the agricultural (A) district to the plan
(UNAPPROVED) nod dove opment (PD c a !!``E{cation on 12.7 actt ttr et
located apdroxiaateiy .800 feet west o1 Mockingbird one
and approximately 1,000 feut south of Audra Lane. The
property is further described as a tract in the K.E.P. 6
the P.R R. jom s w S rveys Abstracts 1473 .ah IC79. If
approveb, t~,e l.:ne~ development will permit the deve)-
opment of 100 single family detached lots with a nioioum
lot site of 60400 square feet.
Fight notices sere mailed to property o;,ners within 200
feet; one reply form was received in favor, no reply forms
were received in opposition.
PETITIONER: Brian Burke, representing Blackwell Commer-
cial PrrS sties, stated that they own the property adjacent
to the east side within PD-34. He fold that the; have a
preliminary plat on PD-34 for duplex and four-plex. He
said thet this tract iR landlockei as fa: as access and on
their plan ihc,v are extending two streets from PD-34 into {
the tract. lie said they initially went for 6,400 square
feet lots for two -Vasons: 1) small lots a►e more desir-
able, and 2) the power lines Pads lot site difficult on
the east and wesi sides. He said that tLey are willing to
go to 7,000 square feet lots and commented that they will
loose a few lots if they do. He said that they 1111 prob-
ably have to do off site sanitary sewer improvements and
this will be discussed during platting stages. He added
th2t on site detentions will have to 6e addressed in the
future.
IN FAVOR: None present.
OPPOSED: None-present.
STAFF REPORT: Ms. Spivey stated this property is located
nT lox intensity area and these areas are designated by
the Developpment Guide as the City's primary housing areas.
She said thst the intensity standard for the area is al-
ready exceeded by approximately It, Smaller site re W n-
tial lots have been spproved and are the norm in this
northeast section of the City. The proposed land use is
consistent with toning and Land use in the area; however,
staff recomme:ds upgrsding this requert from 6,400 to
7,000 square foot hots due to the violation of the inten-
sityy standard. She said that staff recommends denial of
Z-I77S but if the Coamission is inclined to grant approval
there are conditions that are recommended as well as the
addition of minimum lot site of 7,000 square feet,
Hr, Meyer asked if staff explained to the applicant about
the 7,000 square feet lots. Ms. Spivey said yes.
REBUTTAL: Mr. Burke said that the owners recognize the
staff's desire for 7,000 square feet lots and are com-
pletely agreeable with it and other conditions.
Public hearing ,looed.
DECISIONS Mr. Juren moved to recommend approval of Z-1775
wwrt-F- a following conditions;
1, Minimum lot width will be 60 feet and ,:inimum lot
depth will be 100 feet, howe•rer, iinimum lot site will
be 70000 square 'det.
2. )luilding linss.A of coverage, t,eight limits and all
other applieibe building stant'ards will be consistent
I with the singli fially (SP-7) 0 strict standards,`
-177
Noieaborn6,eIgo$
Pose 10
Sid041ki will be required on the north and west rides
of 811 streets. in the development.
Seconded by Mr. Escue and unanimously carried (S-0).
F. FINAL RBP~'AT OF THE SOUTHRIDGE V14LAGC SHOPPING CfiNTER
Lots , To
Ii~IIT; TOA;
STAFF RBPOkT: Ms, Spivey stated this tract Is 17.7 acres
loco CSd"i'C-The southeast corner of Lillian Miller Parkway
and 1.158 service roads proppertyy is zoned teneral retail
(GA). She said that there is slres6; development on a
portion of this property and further retail developpment is
anticipsted, City services and facilities are As.-ilable,
Shit, said that there are currently three lots and the peti-
tioner is proposing to subdivide into six lots for separate
retail site developmentq. She said that the plat conforms
to the minimum requirements of the Denton Subdivision and
Land Development Regulations. She added that the Develop-,
sent Review Committee recommend. approval.
PETITIONER: Rudy Garcia, Mier and Associates stated that
fney or r feplattino for uture expansion fo He mnkl and
that it will be of t:1e same quality and stature that pres-
ently exists, He said that they ar0 replotting for two
reasons for the Incorporation of family type restaurants
and to dedicate some blanket easements.
IN FAVORS Nona present.
OPPOSED: None present.
Public hearing closed.
DECISION, Mr. Escue moved to recomatnd approval of the
ti nal 3plat•of the Southridge Village Shopping Center
Addition Lots 1, t, and 3, Seconded by Mr. Claiborne,
and unanimously carried (5-0),
G, ORDINANCE AMENDING THE ZONING ORDINANCfi APPENDIX B
CODE OF OW-NAITE5 o
enton eras e ) o
y requ r ng a shecTai use permit to
operate a temporary concrete or asphalt batching pleat
in certain toning districts, providing a penalty there-
for and declaring an effective date.
STAFF REPORT: Ms. Spivey said that the initiation of this
p c nge in the Zoning Ordinance was brought about
y a mobile home park that is developing and requested the
approval of a temporaryy botching plant at their construc-
t1ion site. She said tAe Zoning Ordinance currently allows
thL establishment of those t.o■porary plants by resolution
of the City Council in the following districts: agricul-
tural (A) single family (SF-7 - SF-16)), two family (2F),
multi -fomlly (MF-R - MF-2)0 parking (P), office (0),
neighborhood service (NS), general retail (GR), commercial
(C), and central business (CBD). Staff feels that tempo-
rary bitching plants specifically In residential areas can
be a nuisance as far as noise and appearance are concerned.
She said the resolution process does not provide for a
owners. heThenproposediamendmentowouldrrequire a special
use permit to operate a temporary batching plant in the
above listed toning districts and thereby allow for public
notification and comment,
IN FAVORS None present,,
OPPOSED.- Ndne present.
S
DATE: 12/3/95
CITY, COUNCIL REPORT FORMA'a'~f
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Public He•iring for Zoning Case Z-1778
RECOMMENDATION: Tho Planning and Zoning Commission considered this
item at its meeting of ;.ovember 20, 1985 and voted
to recommend approval of Z-1778 by a vote of 7-0.
SUMMARY: This is u request for an amendment of planned
development (PFD-22) on a 33 acre tract located
on the south side of Ryan Road approximately 2500
feet west'of Teasley Lane (FM 2181). This:
amendment will hermit the relocation, of a previously
approved addition to the facility and the relocation
BACKGROUND: of a parking lot.
This request complies with intensity standards
and will provide the residents of the facility with
a more pleasing view of the surrounding area.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not Applicable
FISCAL IMPACT: 'There is no impact on the general fund.
Re ect ily ,bm tea:
Acting City Manager
Prepared by:
D~eniso pi ey
Urbar, Planner
App ov A
Jeff
director of planning
and Community Development
1 { E , Y~~ + P N W -7,7 77
,r.
'AY 7 'T.e
PLANNIK" AND ZONYNO COMMISSION
REPQttt TO THE CITY COUNCIL
To: Denton City Council
Case No.: Z-1778 Maeting Date: December 3, 1985
GENERAL INFORMATION
Applicant:: Olt.man and Associates
P.O. Box 69
Broken B- r, Neuraska
Status of Applicant: Owner'u architect
Requested Action: Amendment of existing planned
doveiupmAnt (pu-22)
Location and Size: Approximately 30.3 acres located on
the south side of Ryan Road
apptoxlmately 2,5UU .'iet west of FM
21al (Teasley Lane).
Existing Land Use: Lake Forreat Village Kettrepient
Center.
sti.rounding Land Use
and Zoniny: Norto - Vacant; single family
resident;11; SF-16
South - Vacantl outside city limits
east - Vacantl outside City L1Aiik;B
West - vacant; outride city limits
Denton Development Guide: Site is located in a low intensity
area.
SPECIAL INFORMATION
rranaportation: The property nas frontage on :cyan
Road, a secondary major arterial. A
parxing lot will oe relocated if the
cite plan amendment is approved.
Utilities: A :2' water line rune suutn along
Montecito Road, crosses Ryan Road and
runs south into to'ia development. A
lift station and 6" force main pump
sewage north to Ryan Road to a
manhole in an d' sewer running east
to a lilt station near T,SaelDy.
7 7777"
(Casa 2-ly'81
Pago Two
SPECIAL INFORMAr[ON (Continued)
Drainage: ens shining of the building and
parking lot locations app?ar to have
little or no effect on drainage
patterns at the site.
ANALYSIS
Earlier this year, the Planning and Zon.ny Commis~iion and City
Council approved an amendment to this planned development. The
app.,oved amendment permitted flipping the locations of a
proposed acdition to tae residential facility and a parking
lot. The proposed amendment involves a minor snifting of tho
proposed residential addition and the relocation of one parking
area, T na repositioning of the ouilding will sligatly reduce
the square footage of the structure and allow residents to have
a view of the saki to the south,
R8COMMENDATION
Tne Planning and Zoning Commission recommends approval of Z-1778
as the siLa plan amendment does not affect the intensity
standard for the ,area and wiil provide residents witn a more
pleasing view of the site,. by a vote o= 7-0.
ALTEANATI VES
1, Approve amendment
2. Approve amendment witn conditions
3. Deny amendment
ATTACNMdNTS
1 Location map
2, Site Plan
!reply Fuxin Totals
4, Property Owner List
So Minutes of the Planning and zoning Commission meetin~ of
Novemoer 20, 1985.
14408
•„~•--•r +rt--•.~?w.-•
1 1 y / l y...YY.
rr L,
SF-
Pot'
rte. 2 = . ¢`S~" r • I r w. r . 1 ! .
_ POA5
X PO-65
•I 1 16 r0_ 1
~n
1
4AL
Iz S-14)
- - - R ' a~ n R J
Zma1778
I
' ~j
.
Ilk.
r9
• ,r
y l\!~ i u hir
1 ` i r \ `,a Jf I /1` r .s1.ti J a• II~IM .r,r 14, 14
lo -1 I'l
a 11 I
ti.
1117
\
44
t
1 fir' f'''ib
Af~t'A
A, ift.
1 1
1. rryr 1 a
I /1 1
V J
a l 1 r /
, f,+.:~ wJ~ k.,~ ^E,r1~1Q 19'M vr'l"I!1y: 27s .Gtr`
PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1778
IN FAVOR IN OPPOSITION UNDECIDED
None Received None Received
A, ~ l YY PU q ~ IJY . ,jF`.. rye ~ xY
-l77
tan)
136 zc
-tit iL 10
'~4M1 r ~ V r~
1
C
2
All
3 ,
r
13
su n
-0 1 kill,
34
it
is
r. _
- z 3 11~.
,
r\
~rY
rr~v
Y x:4 # ro" r< t. .l;r rJ ^f„ a t?. .f r:yn~t.i ,..i '.2 k..
Planning and Zoning Minutes
November 200 1985
D. 2-1778. Petition of Oltman and Associates requesting an amend-
Font of an existing planned development (PD~22) on a 30.3 acre
tract located on the south side of Ryan Road approximately 2,500
(UNAPPROVED) feet east of FM 2181 (Teasley Lane), The property is further
described as the site of the Lake Forrest Village Retirement
Center. If approved, the amendment will permit the relocation
of an approved addition to the current residential structure and
the relocation of a parking lot.
Four notices were mailed to property owners within 200 feet: no
reply forms were received in favor or opposition.
PETITIONER; Rod Moore, representative of Good Samartion, stated
that e ommission approved a site plan earlier prepared by
another architect. He said that when the bids came in for the
building they were too high and that Good Samartian couldn't
afford to build. He said that Oltman and Associates redesigned
the site plan because it was not functional as a nursing facility.
He said the only changes were the configuration of the building a
litte bit and the relocation of a parking lot.
IN FAVOR: Done present.
OPPOSED: None present.
STAFF REPORT: Ms. Spivey said that staff recommends approval of
Z`1778 as-tTie site plan amendment does not affect the intensity
standard for the area and will provide residents with a more
pleasing view of the site.
REBUTTAL: None offered.
Public hearing closed.
DECISION: Ms. Cole mov%cd to recommend approval of Z-1778,
seconded by Mr. Appleton, and unanimously carried (7-0).
?Yt a xIr. VY" s vy. csr,.
Y n } iF
DA k : 12/3/85
CITY COUNCIL REPORT FORMAT, ~r
TO: Mayor and Members or the City COUncil
FROM., Rick SvehIa, Acting City Manager
SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PETITION OF THE CITY OF DENTON
FOR ANNEXATION OF APPROXIMATELY 136.588 ACRES BEGINNING APPROXIMATELY
500 FEET EAST OF THE CENTER LINE OF US HWY 377 AND SOU'T'H OF BRUSH
CREEK. ROAD(A-11).
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
SUMMARY: This is one of six annexations being reprocessed due to an error in
the publication procedures. This is an involuntary petition for
annexation initiated by the City of Denton. A 172 acre development
including predominat►ly single family housinZ, townhouses, six acres
of comhercial, and approximately 3 acres of retail and mu'.ti-family
is,propozed. This tract is approximately 2 miles south of the
ur5anized area of the City.
This is the second public hearing. The next action required is
adoption of an ordinance instituting annexation proceedings on
December 17,1985. Final action is scheduled for January 21, 1986.
BACKGROUND: The City Council directed staff to initiate the annexation process at
its meeting of July 3, 1984. The Council took final action on June 4,
1985, but the process is being repeated because of an error in the
Bbl c otificatio ro eea.
ROGPJ,YS . DEPAE~TM NT~S OR GROU SP A~FECTED :
Two (2) reply forma were mailed to owners of property in the affected
FISCAL IMPACT: area. None were returned.
Undetermined
R pec fully sub tted:
i eh
Acting City Manager
ftepared by:
bavff Ellison
Senior Planner
Appr ve :
Jeff ey
Director of Kanning
and Community Development
y .R
NOTICE OF 2UBLIC HEARING ON COH MPLATED 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 .aid City to add tPe
f•'llowing described territory to the corpvr.te limits of the City
of. Denton, to-wit:
All that certain tree or parcel of land Iling and being situated
in the County of Denton, State of Texas, biting part of the George
W, Daugherty Sunny, Abstract No. 35L, H, haggood Survey, Abstract,
No. 517 and the W. Hudson Survey, Abstract No. 586 and more
particularly described as follows:
BEGINNING at a point in the present city limits as established by
Ordinance No. 69-400 Tract III, said point lying SGO feet east of
and perpendicular to the centerline of U. S. Highway No. 377 and
in the north boundary line of the Geor a W. Dougherty Survey,
Abstract No. 35L 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 rush Creek Road;
THENCE north 89°41'40" east along said survey lines and is said
county road, a distance of 1624.94 feet to a po at 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 point
for a corner;
THENCE south 0°51'55" east a distance of 394.5 feet to a point for
a corner;
THENCE mouth 2°59'17" west a distanc* of 919.7 feet to a point for
a corner;
THENCE north 89°38'13" west a distance of '"452.9 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;
TYdNCE south 79°08'04" west a distance of 1789.01 feet to a point
:or a corner, said point lying in the present city limits line as
established by Ordinance No. 69.40 Tract III, said point also
being 500 feet east of and perpendicular to the centerline of U.S.
Hwy. 377;
THENCE north 17°28' east along said present city limits, 500 feet
east of and parallal to r'ie centerline of said highway a distance
of 3907.86 feet to the place of beginning and containing 136.58
acres of land, more or less.,
A Public Hearing will be held by XtyouneLl afore the it ounoil
of the City of Denton, Texas, on the day of
19859 at 7:00 o'clock P. M. in the C Can era o c e
Municipal Building of the City of Dento^. Texas, for all persona
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
.`A things and matters herein mentioned, will take notice.
A-11/VO3DCREEK (377 SOUTH)/PAGE ONE
F4~ seCa~`~~a -r'Mw Tr,}nYt x I r 1 m~F6 'r."J~ ' }"~i.l it
of the A Public Hearing vill be held by and bete the City C uncil
o
19831 ati7200f o'cDnton$ lock Ps M. b'In the ~ day ; )f 411A '096 j
Municipal building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
glace 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: notica.
CI Y OF ENTON, TEXAS
ATTESTS
r
•
A-11/WOODCREE.C (311 SOUTH)/PACE TWO
PLAN OF C3RVICE FOR AN~, AREA; CITY OF DENTON,pI TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
e adopted by the governing boor of a city prior to passage of an ordinance
nexing 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 970a as
amended, Texas Code Annotated, there is herefsy adopted for the proposed
annexation area the following plan of servi,,e:
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 si,;ns, 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 tie present personnel and equip-
ment of the fire fighting force, will be provided
ou the effective date of annexation,
C, Water
(1) Water for domestic, commercial and industri,tl use
will be provided ett city rates, tre)m existicg city
lines on the effective date of annexation, acid
thereafter from new lines as extended in accordance
with article 4.09 of appendix A of the code of the
City of Denton, Texas.
D, Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, Texas,
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
'~~•t'i~7 "4 ~1'~ N.rl51,Af• 5.,~i-~-; ,"k lr ` .:i F° .x"!: ~,~r ti' Jr", : k C ° 1.~ t r 1 y,
$orvicd Plan
Anaoxed'Areas
Page two
• F. Streets
(1) 11mergoncy maintenance of streets (repair of hazardous
t3huckholes, 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, i:stalla-
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,
Go Insptotion'Services
(1) Any inspection services now provided by the city
(building, electrical, plurr`-ing, gas, housing,
sanitation, etc,) will begin in the annexation area
on the effective date of annexation,
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area,
I, Street Lighting
(1) Street lighting will be installed in the c~lbstan-
tlally 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 recreLtional program and
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends the ise of City of Denton for
electric power.
J A '.r ~ 'nr. fi M ,i 'y' i1 :F 'la•. ti a.r '
y:
t idy ,~Q 1
9erniCe plan
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
lines a3:
(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 overall city economics.
Tr:; 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.
'a . JN.. L
i~
i
~A-f1
l
l
•
!i ~I l
11
I 1
• ~ Y
It
'1~1 1
'Y
l
~ II '1
11.
w1 W .rf r 3`k. 7"':riL'•- «S. ..-'wr+t ti~-.r.ry.~=~• =
I
i
r
l '
e `
3
woo
I
/•~~p
1i l
~F • u r1 wi II , . '~1 •
s I
A-11
ANNEXAMR SCH4DOLZ
p/()ctooer 26, 1586 Suomi c. agenda itein
✓ October 29, 19d5 Suomit agenda oaCK-uE
i
Novernuer D, 1945 City Council sets dace, time and place
for puulic nearing
duvemoer d, 19d5 Notice to Denton Record Car(nicle
Novemoar d, 1985 Puolisn notice and mailout
✓ doveirwer 11,19d5 Suumit ayencia item
14 t;emoer 12019da Suomit a,dnda DaCK-up
Novamber 19, O d6 City Councii noids El[dt puolic nearing
1--'iVovemuer 1u, 19d5 Notice to Denton Record Cnrunicle
Novernoer 22, 19d7 Puolisn notice and mailout
L-' Novemoer 25, 19d5 Suomit agenda item
~ Nove,wer 16, 19d5 Suu;nit dgLrida JdcK-up
* Doce,noer 3, 198 City Council Holds aec:ond puulic hearing
Ddcamoer 9, 19d6 SuumLt agenda itain
i
I
ueeamuer lU, 1985 Suomit agenda UaCK-up
* uecarnoer 01 19de City Cuurcil institutea annexation
proceedings
Ueceinuer 1d, 19d5 Ordinance to Dentun Record Coronicle
Decemo er 10, 1965 Puolisn ordinance
January 13, 1365 Suo,nit agenda ite.a
January 14, 1985 Suumit agenda oacK-up
* January 11., 1986 Final actiun r;; City Council
* Denotes zction ny the i;ity Council
0,964y
I
I
77 7
fP i $ Minutes
Karch 13, 1985
Page 8
Mr. Hell stated he did not recentLy move onto this
channel, he has been there for live years and stated he
did not have a water drainage problem until developers
up the road started to develop. He said he has been in
business since 1951. At this location, there has been
a beauty shop and a Horse Shot In-j. He stated he is not
a developer, but. a contract plumber and his inten-
tions are not to go in and divide this tract up into
lots for save.
Chair declared the publ:e t.,&ring closed.
Mr. Lalorte made a motion to approve the petition of
Robsrt Bell, requesting a variance of Article 4.15 of
the City of Denton Subdivision and La:d Development
Regulations, with respect to drainage requir:msnts, on
a development consisting of a one acre tract located on
w
the est eidi of Duncan Street between Smith and Dallas
DriV.a (V-12). Seconlel by Mr. Juren.
Mr, 6 dor commented that apparently the city has had
problems previously with other developers. He aiked
if they have put up their money for drainage improve-
ments and we grant a variance, how will they feel.
.Ir. Worts commented if those developers wanted a
variance, the) should have come Arai asked for it. He
aided, he doesn't know their particular case or even it
they would quality for a variance.
Vito was callai ani motion passed unanimously (6-0).
S. ,tsider recommonling approval of preliminary and final
raplat of the John A. Hann's Addition, 4lock 2, Lot 4-Hl.
Ms. Carson eta e3 this is a tract of 0.749 acres east
of Austin Street and south of Hann Street, the site is
toned multi-family and multi-family development is anti-
cipated. She -tied the problems with Building Inspec-
tions have bsen worr:49 out and Development Review
Committee racuumenda approval,
to one spoks ir. favir or in opposition to ti,~k request.
Chair ieclared the public hearing closed.
Mr. Juren made , motion to recommend approval oC the
preliminary and final replat of the John A. Hann'a
Addition, Block 2, Lot 4-RI, Secondei by Mr. 3scue
and unanimously carried (6-0).
V. Considerations
A. Recommend approval of the petition of the City of Denton
for annexation of approximately 136.58 acres balinning
approximately 900 Meet east of the ces.terline of U.S.
Highway 377 and south of Brush Cceek Road (A-11),
Mr. 6111son stated on July 1984, the Planning an.)
Community Development Department reported plans for a
proposed 172 acre development consisting of predomin-
. arely sin is family housing, townhouses, six acres of
commercla , and approximately three acres of retail and
multi-family. He stated this property is a good example
of why we have developed the 8uudiviston and Land De-
velopment iegulations. RestdentiaL development does not
pay for itselt especially in thr area of water and
sl+er. The site is currently located in the extra-
territorial jurisdiction of the City of Denton an,: the
:atras~esso~s
1
is 2 Minutes
Karcl% 130 1905
rag •
City Council dire~tod staff to begin annexation pro-
eesv. He continued due to dolays in obtaining a proper
legal description, changes in staff responsibilities,
and questions concerning utilities service, processing
of the annexation petition has been slower than usual.
He added electric service is availehls from both the
City of Denton and TPiL. Water service oust be planned
in conjunetton with Argyle, because it too is in a dual
service area and extending City of Denton mains is not a
feasible alternative. Sewer service is to be provided
by the City of Denton. The Developmet:t Review Committee
has reviewed a preliminary plat of the proposed develop-
ment, Woodcreek Subdivision and has withheld a recommend-
ation of approval pending comments and acceptance of the
Argyle Water Company for requested stile of water.
Mr. Larorto made a motion to recomasnd approval of the
petition of the City of Denton for annexation of approx-
imately 136.58 acres beginning approximately 500 feet
east of the conterlins of U.S. Highway 377 and south
of Brush Crook Road (A-11). Ssconded by Me. Sidor and
u`naani►ously carried (6-0).
8. Recommend approval of the petition of the City of Dentcn
for annexation of approximately 65.12 acres beginning
350 feet south of and perpendicular to the centerline
of U.S. Highway 380 and east of Oessting Road (Capricorn
Mobile Home Park and surrounding properties) (A-13).
Mr. Allison stated the Holigan Deveiapment Corporation
wishes to expand and improve the existing Capricorn
Mobile Home Park. The existing park is situated on
approximately 30 acres and an additional 63 plus Acres
is proposed for xobile home land use at approximately
6 to 7 units per acts. Upgraded unlit service to the
existing mobile home park is a potential plus of the
proposal. He continued, a preliminary plat of the area
proposed for expanstor, has been submitted for review.
The City Council issued a direuttve to staff to initiate
the annexation process of the existing pack and proposed
area 3f expansion at its meeting of December 18, 1984.
He added the Planning and Zoning Commission, the Public
Utilities Board and the City Council approved a request
for the extension of City utilities to the site. He
aided, the city will have to provide water, sewer, and
police protection.
On question from Mr. Sidon, Mr. dllison stated the
sower would be extended from Osesling Road across to
Capricorn. They are currently using septic systems.
Mr. Juren made a motion to recommoni approval of the
petition of the City of Denton for annexation of ap-
proximately 65.12 acres beginning 350 fast south of and
perpendicular to the centerline of U.S. Highway 3RJ and
east of Osesling Road (Capricorn Mobile Home Park and
surrounding properties) (A-13). Secoi.3ed by Mr. Sidor
and unanimously carried (6-0).
C. Recommend approval of the petition of the Cit;• of
Denton for annexation of approximatoly 42.35 acres of
land situated in the S. Huller Survey, Abstract 514,
and beginning approximately 500 foot north of and
perpendicular to the conterlins of U8 Highway 380
/ and west of March Branch Road (A-15).
Me, Ellison stated this annexation represents the
balanco of the Tri-Stem Structures, Inc., property
beginning at the northeast vorner of 380 welt and
°T.
DATE: 12/3185
CITY COUNCIL RIPORT PORHAT
TO: Mayor sad Members of the City Council
PROM: Rick Svehla, Acting City Manager
SUBJECT: HOLD A PUBLIC H.~.RINO REOARD:NO THE REQUEST OF THE CITY OF DENTON
FOR ANNEXATION OF APPROXIMATELY 93.67 ACRES 890INNING 350 FBI? SOCTH
OP AND PSRPINDICULAR TO THE CBNTIR LINE OF US HWY 380 1XD EAST OF
OEESLINO ROAD (CAPRICORN MOBILE HOME PARK AND BURROUNDINO PRJPIRTY)
(A-13)
R$COMMINDATIONt
The Planning and Zoning Commission roo4 mended approval at its
meeting of March 13, 1985.
SUMMARY-
This is one of six annexations being reprocessed due to an error in
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
to situated on approxi%ately 30 acres and an additional 634 acres
was proposed for mobi''.e home land use (approximately 6-7 units per
sera projected). Upgraded utility service to the existing mobile
home park is a potential plus of the proposal. Continuation of the
pattern of eoncaatrating manufactured/mobile home park land use in
east Denton was s major factor and policy question. A strip of the
existing park and property along 380 frontage is already to the city
limits. The plane for Holigan Developments expansion of Capricorn
Mobile Home Park have not been followed through on to date.
a CKOROUNDt
A pr*14Ainary 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 18, 1984. The Planning and Zoning
Commissiono 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 firm for Holigan
Development Corporation has intormod staff of no request for action
or additional work during the past eight months.
SISSON
A-13
Page 2
PROGRAMS, DKPARTKIM OR GROUPS AFFECTSDi
Building tnspeatlon, Solid Waste, Police and FLre would have to
provide services immediately upon annexation. 't'here are
approximately 150 residents of Capricorn Kobtle Home Park.
Projected population it original plans for development over occurs
as proposed is 1,623.
FISCAL LKPAC'ts
Undetermined
Re ectf ly eu itt '
Rick Svshla
Acting City Manager
Prepared byyss
V&M
David Ellison
Senior Planner
A- XO-Y~
Jett Key
Direator of Planning
and Development
10548
S,
1013L
NOTICE OF PUBLIC HEASING ON CONTEMPLATED ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
The City of Denton, Texas, proposes to institute annexation
foliovingng described territory~to lthetcorporate City limits of the
City of Denton, to-wit:
All that certain tract or parcel of land lying ■nd being
o=tu the N. thForrest County Survey,onAbstractof No. exas 417d being part
ore
particularly described as follows:
Tract I: BEGINNING at a point in the present cie.y limits as
escr ed in Ordinance No. 69.40, Tract V, said point lying 350
feet south of and perpendtcular to the center line of U. S. 380
and in the teat boundary line of Lot 4, Block A of the
subdivision of said Forrest Survey, same being the east boundary
lino of a tract conveyed to FSCS Company by deed recorded in
Volume 1099, !rage 923 of the Deed Records of Denton County,
Texas;
THENCE south 1a40' west, along the east boundary iine 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 line of
said lot and t,.act, a distance of 545.26 feet to a point for a
corner, tans being th..) southwest corner of said tract;
THENCE north 1°03'40" west, along the wart boundary line of said
tract, a distance of 227.9 fait to a point for a corner in the
said city limits;
THENCE north 81°26' eaat, along said city limits, 350 feet south
of and perpendicular to the center line of said U.S. 380, a
distance of 564.97 feet to the place of beginning and containing
3.59 acres of land, more or )via,
Tract 11: BEGINNING at the northwest corner of a tract of land
conveys to FSCS Co. by dead recorded in Volume 1197, Page 564
of the deed records of Denton County, Texas, aa3e being the
northwest corder of Lot 10, Block A of the subdivision of the M.
Forrest Survey, Abstract No. 4179 said q.tint riso lying in the
east line of a north and south county road, known as Geetling
R.,ad;
THENCE north 87°04115" east, along the north boundary line of
said tract and lot, passing the southwest corner of the above
described Tract 11 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 ll, block A of
said subdivision;
THENCE south 2033135" oast along the east boundary line of said
FSC'; tract and Lot 110 a distance of 319.39 feet c. , Ant fot
a Lornsr, same being the southeast corner of said FSC tract;
THENCE south 86°59'04" west alon8 the south boundary line of
said FSCS tract, a distance of 2527.33 feat to a point;
A-13/CAPRICORN MPH//PAGE ONE
THENCE south 87°18'40" vest, continuing along said south
boundary line, a distance of 338.60 feet to a point for a
corner, same being the southwest corner :f said FSCS tract and
in the east line of said county road;
THENCE north 2°43'51" west alon the west boundary line of said
FSCS tract and the east line o said county road, a distance of
379.69 Zest to the place of beginning and containing 24.96 acres
of land, more or less.
Tract xllc BEGINNING of the northwest corner of a tract of land
coma a to James H. Russell, Jr. by dead recorded in Volume
518, Page 515 of the Deed Records of Denton County, Taxes, 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 Os esling Road;
THENCE south 89°.32'49" east along the north boundary line of
said Russell tract, same being the south boundary line of the
above described Tract 11, a distance of 338.12 feet to a point;
THENCE south 89°50'58" east, continuing alo-g said lines, a
distance of 2526.83 feat 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 r point
for a corner;
. THENCE south 89°56'21" west, a distance of 712.0 feet to a point
foe a corner;
THENCE north 89°24'39" west, a 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 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 north line of Blegg Read,
a distance of 719.56 feet to a poinC fcr a corner;
THENCE north 0°05'30" east, a distance of 365 feet to a point
for a corner;
THENCE north 89°54'30" vast, 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 .orner;
THENCE south 89°59'49" west, a distance of 50.5 feat 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 Gessling
Road; and the vest boundary lint of said Russell tract;
THENCE tnorth
tract eandl east elinel of Ceasling Road, boundary diet ncsaid
of
0 459.04 feet to a point for a corner;
THENCE south 89°54'18" east, s distance of 337.0 feet to a point
for a corner;
A-13/CAPRICORN MPH//PAGE TWO
THENCE north 0°55'15" east, a distance of 538.17 feet to a point
for a corner;
THENCE north 89°2734" west, a distance of 3.17 feet to a point
for a corner in the east line of said Cessling Road;
THENCE north 0°3C'22" west, clong the east line of Cessling
Road, a distance of 59.37 feet `o the place of beginning and
containing 65.12 acres of land, more or less.
A Public Hearing will be held by Wouncil afore the sty C uncil
of the City of Denton, Taxes, on the day of no,
1985, at 7100 o'clock P. M. in the C C • o e
Municipal Building of the City of Denton, Ttx4s, for all arsons
interested in the above proposed ennexat.lon. At raid t9o and
place all such persons shall have tha right to appear ant be
heard. Of all said matters and things, ail persons interested
in the things and matters herein 3enttoned, will take notice.
A Public Hearing will be held by a Iefore Ulp City C uncil
of the City of Denton, Texas, on the day of Aft"
,
1985, at 7:00 o'clock P. M. In the CTE-yTouncil C am ers o e
Municipal Building of the City of Denton, Texas, for all persons
interested in the above ?roposed annexation. At said time and
place all such ;::sons shall have the right to appear and be
beard. Of all said matters and things, ail persons interested
in the things and matters heroin mentioned, will take notice.
•
*ClOr NTON, TEXAS
ATTEST:
(~"Mjaa aAA LA
A•13/CAPRICORN MPIJ/P)CE THREE
PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
adopted by the governing body of a city prior to passage of an ordinance
tnexing an area; aad
WHEREAS, the City of Denton is conterlplating 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 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, uping present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
• as the need therefore is established hstappropriate
study and traffic standards.
11, Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on tho effective date of annexation,
C. Water
(1) Water for domestic, commercial and industrial use
will bo 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, Texas,
E, Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation,
Service Plan
Annexed Areas
Page two
• Is 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, constructiot, 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 inep,~ction 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
date of annexation, City planning will thereafter
encompass the annexed area.
I, Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc,, on the effec-
tive date of 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, Electri^ Distribution
(1) The city recommends ihi use of City of Denton for
electric power,
Service Plan
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that 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 sVidies, and
natural or technical restraints or opportunities.
(2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
i
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one yoar from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.,
.
I
gj7
~~~V JI~ Y ~ 1 r^r r'~"'nr
61
6 I 9
l
II
•J~ vela ~ y
L _ r
L=J
e
I
e
a r I
.r~+ry I ♦ ` ~
0 own"
t
A-13
AIMEXArION S%MODULP.
+-~Uctooer 1d, 19th Suomit agenda item
r October 190 19d5 Suomit agenda oaCK-up
✓4 Novainuer 70 14 65 Clty Counc+i rats date, time and place
!or puollc aearing
v Jovamoer d, 19d5 Notice to Denton AOCOCd Cnronlcle
r Novemoer r, 19d5 Puolian notice and maiiout
,i 00ve,noer 11119d5 Suomit agard3 item
r Novemoer 12,19d5 Suomit aganda oacK-up
Novambat 1'.i, 1965 City Council colds first puolic neacinq
,i NOValiWar tU, 1965 Notice to Denton Record Cnronicle
Novemoer 211 19ati Puulisn notice and maiiout
v Novemoer 25, 19d5 Suomit agenda item
c/ciovajnoer 16, a.9d5 Suomit agenda oacx-up
* Dece;naer 3, lido City Council nol;as Second puUlic hearlny
Dacemooc 9, i9d5 Suomit agenda it:,,
uecelnoer lu, 1965 SUOInit actenda UacK-up
Jecainoor 17,1 19do City Council inatituted annexation
proceedings
uaca,nuar 1d, 1965 ordinance to uentun Record Caronicia
uecemuer 1U, 1965 Puolisn ordinance
January i3, 19d5 duomit ayanda itea
January 14, 1985 duomit agenda oac4-up
Januz-cy 21, 1)d6 Final action oy r,Ity Council
* Denotes action of the City Council
u964g
P i Z Minutes
March 13, 1985
Page 9
City Council directed staff to begin annexation pro-
cess. He continued due to delays in obtaining a proper
legal description. changes in staff responsibilities,
and qudstione concerning utilities sRrvicet processing
of the annexation petition has been slower than usual.
He aided electric service is available from both the
City of Denton and TP6u. Water service etut be planned
in conjunction with Aryyla, because it too is in a dual
service area and extending City of Denton mains is not a
feasible alternative. Sewer service, is to be provided
by the city of Denton. The Development Review Committee
has reviewed a preliminary plat of the proposed develop-
cent, Woodcreek Subdivil,ion end has withheld a recommend-
ation of opproval pending comments and acceptance of the
i Argyle Water Company for requested sale of water.
or. LaForte roads a motion to recommend approval of the
petition of the City of Denton for annexation of approx-
imately 136.58 acres beginning approximately $00 feet
east !f the centerline of U.S. Highway 377 and south
of Brush Crook Road (A-11). Seconded by Mr. Sidor and
unanimously carried (6-0).
B. Recommend approval of the petition of the City of Denton
for annexation of approximately 65.12 acres beginning
350 feet south of and perpendicular to the centerline
-3f U.S. Highway 380 and east of Gessling Road (Capricorn
Mobile Home Park and surrounding properties) (A-13).
® 4.. Pin son states the Holigan Development Corporation
Wishes to expand ani improve !tie existing Capricorn
Mobile Hiroo Park. The existing park is situated on
approximately 30 acres and an addition.l 63 plus acres
is proposed for mobile home Land use it approximately
6 to 7 units per acre. U railed utility service to the
existing mobile home park is a potential plus of the
proposal. He contimied, a preliminary plat of the area
proposed for expansion has been submitted for review.
The City Courcil isssLd a directive to staff to initiate
the annexation proc.,ss of the existing park and proposed
area of expansion at itd meeting of December i8, 1984.
He adde=d the Planning and Zoning Coni-i sion, the Public
Utilities Boar-i and the City Colvicll approved a request
for the extension of Citf utilttiea to the site. H4
ad d, d, the city Will h-Nve to provide water, sewer, ani
pol.te protection.
On question Erna Mr. Sidor, Mr. dklison stated the
sewer :rout' be extenied from Geesl;n3 Road across to
Capricorn. They are currently using septic syst,,ms.
M
Mr. Juren made a motion to recommeni approval of the
petition of the City of Denton for annexation of sp-
proximately 65.12 acres beginning 350 feet south of ani
perpendicular to the centerline, of U.S. Highway 380 and
seat of Oeesling Road (Capricorn Mobile Ho:xe Park and
surrounding properties) (A-l3). Seconded by Mr. Sidor
~ and unanimously cacrie3 (6-0).
C. t Recommend approval of the petition of the City o`
Denton for annexation of approximately 42.35 acres of
and situated in the S. Huixar Survey, Abstract S14,
and b glnnt;; approximately S00 feet ncrth of and
perpendicular to the cehteclin• of US Highway 380
ani wiit of Hasch Branch Road (A-1S).
Hr. eLlison stated this annexation represents the
balancv of the Tri-Steel Structures, Ines property
beginning at the northeast corner of 380 west aM
~1?
DATE: 12/3/b$
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM:
Rick Svehla, Acting City Manager
I SUBJECT:
HOLD A PUBLIC HEARING REGARDING THE REQUEST OF R. 0. MCDONNELL FOR
ANNEXATION OF APPROXIMATELY 34.60 ACRES SITUATED IN THE M. FGRfIST
SURVEY, ABSTRACT 417 AND BEGINNING APPROXIMATELY 250 FEET SOUTH OF
AND PEFrENDICULAR TO THE CENTER LINE OF F.M.' 425 AND APPROXIMATELY
2,000 FEET EAST OF MAYHILL ROAD (A-14)
RECOMMENDATION:
The Planning and Zoning Commission recommended annexation and zoning
at its meeting of March 13, 1985.
~inARY; This is one of six annexations being reprocessed due to to error in
publication procedures.
The purpose of the annexation is to extend City control of a.velopment
and land use into this area. A petitiun for a change in zoning for
duplex and commercial land use was submitted and approved.
Institution of annexation proceedings on December 17, 1985 is the
next scheduled action. Final action is scheduled for January 21, 1986
BACKGROUND: A final plat has been approved and immediate construction is
anticipated.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
If annexed anC zoned, ill City departments providing basic services
FISCAL IMPACT: (Police, Fire, Solid Waste, etc.) future residents and businesses.
Undetermined
0219i, ly-
Rick Svehla
Acting City Manager
:rear by:
0 1..
David Ellison
Senior Planner
App v
e
Director of! Planning
and Community Development
17 Y
NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION
N01ICE 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
followingg 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 Ce.unty 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 lying 250 feet mouth of and perpendicular to the
teeter line of F.M. 426 (East McKinney) and in the west boundary
line of a tract of land convsyed to R. 0. McDonnell by deed
recorded in Volume 1200, page 462 of the Dead Records of Denton
County, Texas:
THENCE south 68°18'50" east along the present city limits, 230
feat south of and parallel with the eataterline of F.M. 426 (East
McKinney), a distance of 319.22 feet to a Pit^.c for a corner;
THENCE south 64°33'48" east along said lines, a distance of
424.31 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 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 point
for a corner, said point lying in the south boundary line of
said McDonnell tract;
THENCE north 89°30'13" west, along the south boundary line of
amid McDonnell tract, a distance of 812.67 feet to a point for a
corner, same being the ecuthwest corner of said McDonnell tract;
THENCE McDonnellrtract9 a,4d'istance of along 798.58 bcondery line
pointoffor is west, 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 692.37 feat to a point for a corner;
THENCE north 0°14'47" west, along a west boundary line of said
tract, a distance of 321.99 feet to a point for a corner;
THENCE tract, north o8f' 78 .7S feet along to he west placeboundary
of beline of ginning said
containing 34,60 acres of land, more or less.
A Public Hearing will be held b an efore the i" Co ncil
of the City of Denton, Texas, on the day of
1985, at 7:00 o'clock P. M. in the Counil C e
Municipal Building of the City of Denton, Taxes, for all ppfrsons
interested in the above ppn"sad annexation. At said tim,t and
place all such persons shall have the right to appear and be
A-14/R. 0. MCDONN;LL/PAGE ONE
71 ~INI
1
o .
heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will :eke notice.
A Public Hearing will be h~ild by an¢ ;afore the "
ity Co ncil
of the City of Denton. Texas, ot, the ~i t- day of zqV "'k ,
1985, at 7:00 o'clock P. M. in the Council C am ers o the
Municipal Building of the City of Denton, Texai:, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and he
heard. Of all said matters and things, ail persona interested
in the things and matters herein mentioned, will take notice.
r
CIT OF D~ ON, TEXAS
ATTEST:
0
0
A-14/R. 0. MCDONNELL/PACE T 0
PLAN OF SERVICE FOR ANNEXEL` AREA, CITY OF DYMON, TEXAS
OWHEREAS, Article 970& as amended requires that a plan of service
adopted by the governing body of a city prior to passage of an ordinance
vexing 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 970a as
amended, Texas Code An"otated, there is hereby adopted for the proposed
annexation area the following plan of service:
I. Basic Service Plan
A. Police
(1) nr.trolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic 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 a,cordance
with article 4.09 of appendix A of the code of the
City of Denton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, Texas.
E, Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation,
Service Plan
Annexed Areas
Page two
F. Streets
I
(1) Emergency maintenance of streets (repair of hazardol:s
chuckW es, 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
they 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 est-hlished
policies of the city.
G. Inspection Services
(1) Any inspection services now provide the city
(building, electrical, piumt,' 2!4 - rv,
sanitation, rtc.) will begin in t;;.
on the effective date of gn
H. Planning and Zoning
(1) The Planning and Zoning ju4,:,u r± it=
I will extend to the annexed area un
it date of annexation. i ?f ;':n nv Wil; thereafter
encompass the annexed area,
I. Street Lighting
(1) Street ' or! inw wilt he installed in the substan-
tially devejupt A ~?~t1G a with the
established policies of Lou
(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 progi Lim and
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power,
..Service Plea
Annexed Areas
Pago three
0 T. Miscellaneous
(1) Street name signs where needed will be installed
within approx+mately 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 P1ap is prioritized by si,ch policy guide-
lines as:
(1) Demand for sFjrvices as compared to other areas
used partly on tensity of population, magnitude
of problems compared to other areas, established
technical standards and professional studiee, and
natural or techal.cal restrain or opportunities.
(2) Impact on the balanced growV policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for C*_P planning in the
ur^oming CIP plan, which will be no longer than one y-ar from
he date of annexation. In this new CIP planning year the
the"
annexation area will be ,judged accordingly to the same
established criteria as all other areas of the city.
I
,
1
wum4m
i i io
..rte".
<~y • MY
r` • ~
91a I r
,
r
r.
A44 ~I
i '
~ r
~ 1` \ r
t 4j{
i
v
f r
~Ilv
A-14
ANNdXAPtON scieDUL&
A- Octooer 2d, 1935 SUUmIt agenda ite,n
o:tooer 29, 1)dy ;vomit agenda bacK-up
November 5, 1985 City Council sats d;: ce ' a rs iaca
Vor puolic nearing
Novemoet 6, .1985 Notice to Denton Record :°nconi<-ie
v November d, 19t'6 huolisn notice and mijjou~
November 11,19d5 Submit agenda rte,n
,/November 111y9d5 Submit agenda pack- ,u
~NUVemoar 19, 198D city Council noios first c:,j" is nearing
November 2U, lyd5 Notice to De,ltun s'uco'a Cnronicle
ZNovemoer 12, 1985 Puoltsn IiUtice And inailout
Novemuar 25, 1985 SuoLnit agenda ite;
z/Nuvemoer 26, 1985 Suomi' ayt~nda oacx-up
• * uecemoer .f, 1985 City ~uunCIJ second )Uolic
r n.ariny
Decemuer 9, 19d5 iuo,eit agenda i
Oeceiaoer lU, 1985 Submit agenda pack-up
* Dscamoer 0, 19d6 ttj -."FMi► 'r chutes annexation
pCUCeedinys
Decemuer 1d, ljd5 Urdlntn~. _o u::u. n ,rd Cnrc cl.
Decemoer ejp ild5 t~, >r:inanc
January 13, 198^ Si!-)nit ..igenja Ito
January 14, 1985 Submit agenda oac<-up
* January 21, 1986 Final action Dy City Council
* Denotes action Dy the City Council
U964g
minutes
'canning and Zoniaa Commission
March 13, 1985
The regular meeting of the Planning and Zoni3f Co lse! m o
the City of Denton, Texas was held on We no$ y, ar pp
ch i985,
at 5:00 p-m., in tP.e Council Chaaber of the Municipal Building.
Present: Bill Claiborne, R.B. Escus, Jr., Cary Juren,
Robert LaForts, Tom Pearson and ✓ Sidor
Absent: Ruby Cole
Present from Staff: David Ellicon, Senior Planner; Dc.ise Spivey;
Urban Planner; Cecile Carson, Urban Planner; Tina Hill,
Intern; Joe Morris, Acting City Attorney; Jerry Clark,
City Enggineer; Koorosh Olrai, Transportation Engineer;
Ray Rue told, Civil Engineer; and Debbie Boydston,
secretary
1. Approval of minutes of the regular meeting of
February 27, 1985.
Mr. LeForte made a motion to approve the minutes of the
re ular meeting of February 27, 1985. Seconded by Mr. Sidor
and motion cerried unanimously (5.0).
Mr. Escus arrived at the meeting.
II. Considerations
r-
/R
for ecommend approval of the petition of R. 0. McDonnell
situated xInitheoM.a pForrestaSucvey, Abstract of
and
beginning approximately 250 feet south of and perpen-
dicular to the centerline of FM 426 and approximately
2,000 feet east oj~ F:aynill Road (A-14).
Mr. Ellison stated this is thb petitior. of
R.O. McDonnell for annexation of approximately 34.6
acres dicularftoathescecterlineOofeFM 426 and fapand proximately
2,000 feet east of Mayhill Road. He stated the request
is voluntary. This :s the site of the request for two
family and general retail land use with retail/wars-
housing permitted. He added, a portion of the overall
site is currently located within the city limits. Staff
recommends approval of this request.
Mr. Sidor made a motion to recommend approval of the
petition of R.O. McDonnell for annexation of approxi-
mately 34.6 acres of land situated in the M. Forrest
Survey, Abstract 417, and begginning approximately 150
feet south of and perpendiow at to the centarline of
FM 426 and approximately ;.,000 feet eaeL of Mayhill Road
(A-14). Seconded by Mr. La Forte and unanimously carried
i (6-0).
Recommend approval of the petition of Hammett 5 Nash,
Inc. and the City of Denton for annexation of • proxi-
aataly 150 acres of land located vest of Mayhill Road,
approximately 4,000 feet north of 1-35, and adjacent and
north of the MKi6T railroad (A-17).
Kt. Ellison stated this request is for approximately 150
acres of le-i located west of Mayhill Road approximately
4,000 fast north of 1.35 and adjacent and north of the
MKhT Railroad. He stated Hammett and Nash, Inc., have
submitted a voluntary request for annexation and light
industrial Coning on a 50 acre portion of this site.
Y ~
DATE: 12/3/85
CITY COUNCIL. REPORT FORMAT 7
To., Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: HOLD A PUBLIC HEARING REGARDING THE REQUEST OF THE CITY OF DENTON
FOR ANNEXATION OF APPROXIMATELY 42.35 ACRES OF LAND BEING PART OF THE
S. HUIZAR SURVLY, ABSTRACT 514 AND BEGINNING APPROXIMATELY 500 FEET
NORTH OF AND PERPENDICULAR TO THE CENTER LINE OF US HIGHWAY 380 AND
WEST OF MASCH BRANCH ROAD (A-15)
RECOwMENDATION:
Thb Planning and Zoning Commission recommends approval.
SUMMARY: 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 Zoning Commission and City
Council; no development has occured to date. Institution of annexation
proceedings on December 17, 1985 is the next scheduled action. Final
action is scheduled for January 21, 1986.
BACKGROUND: The City Council directed staff to annex the entire Tri-Steel Structure
Inc. property in October 1984.
PROGRAMS, DEPARTMENTS OR GROVES AFFECTED:
No population or housing exists at the site.
FISCAL IMPACT:
Undetermined
R spec fully submitted:
A-4 0
41,0
tck ve
Acting City Manager
Prepared by:
_V
David Elliscn
Senior Planner
App ve
e e
Director of Planning
and Community Development
; i jj ,
NOTICE OF PUBLIC HEARING ON CONTEMPLATED MLYATION
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
sitLAted in the County of Denton, State of Texas, being part of
the S. Nuizar Survey, Abstract No. S140 and more particularly
described as follows:
BEGINNING at a point in the prevent city 11,2Sts as described in
Ordinance No. 74-36, Tract S, said point lyingg 500 feet north of
and perpendicular to the center line of U. 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 Dead
Records of Denton County, Texas;
'l HENCE north 0°49'l6" :rest alongg the west boundary line of said
Brown tract, a distance of 969.b0 feet 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 Brown tract, a distance of 2090.55 feet to a point for a
corner, same bein, the northeast corner of said grown tract,
slid point lying f n the west line of a north and south county
road known as Maich Branch Road;
THENCE south 1°23'18" east, along the east boundary line of said
Brown tract, same being the west line of raid county road, a
distance of 555.7 feet 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
followingg five (5) calls: (1) south 12°54'08" east 95.07 feet;
(2) south 56°16 35" west, 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 feat to a point for a corner in the said present city
limits;
THENCE north 99021'56" west, along the said present city limits
a distance of 1587.90 feet to the place of beginning and
containing 42.3: acres of ;and, more or leas.
A Public Hearing will be held by a fora the ity C until
of the City of Denton, Texas, on the day of
1985, at 7.00 O'clock P. M. in the C ty a-P ouncil C am ors o t e
Municipal Building of the City of Penton, 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 to
heard. Of all said matters and things, all persons interested
in the things and matters herein nantioned, will take notice.
A Public Healing will to hold by O before the ty until
of the City of Denton, Texas, on the 7f__ day ofS
19851 at 1.00 o'clock P. M. is the y ouncil C m era o tfia
A-1S/TRI-STEEL STRUCTURES, INC./PACE ONE
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexction. 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 and matters herein mentioned, will take notice.
t CIT OF DN, TEXAS
ATTEST.
A-13/111-STEEL STRUCTURES, INC./PACE TWO
-77
PLAN OF SERVICE FOR AN,x u AREA, CITY OF OBNTON, TEXAS
WHEREAS, Art:.-le 970& as amended requires that a plan of service
adopted by the governing body of a city prior to passage of an ordinatice
Hexing an area; and
WHEREAS, tha City of Dentc,,,a is coitemplating 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 Articis 970a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the folloring plan of service:
I. Basic Service Plan
A. Police
(1) Pat"olli.ng, radio responses to calls, and other
routine police services, using presont personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic stEn dards.
B. Fire
!1) Fire -:a;tion by the present personnel and equip-
ment .&e 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 o.nnexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, 'texas.
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation,
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
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.
k3) Reconstruction and resurfacing of streets, inztalla-
tion of storm drainage facilities, construction of
curbs and gutters, and other arch major improveme., .s,
as the need therefore is determined by the governing
body, will be accomplished under the establlshAr'
policies nf the city.
0. Inspection Services
(1) Any inspectio:i services now provided by the city
(building, eltictrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation.
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
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
recreations? 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 ci~y.
K. Electric Distributicn
(1) The city recommends the use of City of Denton for
electric power.
- MW
o.
Seridde 'Plan,
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II. Capital Improve~ent Program (CIP)
The CIP of the j;ity consists of a five year plan that is up-
dated yearly. .`he 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 tho city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in t'ie
upcoming CIP plan, which will be no longer than one: year from
the date of annexation. In this new CIP planning yeRr the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
i '
G t
Ala
MEMM"
A-15
::M.dXA )N SCdeDULC
c,--Octouer 1d, 19d5 SUUmic aytilda ita,n
t,~-OCtOOeC lac 19th Summit agenda odCk-00
doveInoaC y, 1945 Cicy Council seta date, time end place
for puolic nearing
V2Jvvdmuer o, ly65 ROttce to Denton Recoru Cnroniclt.
4%ovemoer d, 19e t~uolisn notice and mailou
t
11-~' oiuvemuar 11,19d,) Suo,nit ager.<sa icam
11---'LL40vemoer 1201986 Suumit agenda flack-up
Novemaer 19, l)d.) C,,Ly Council nolds eiCSt pualie nearing
~&lovemoer 2J, 19d5 Notice to Denton Record CnConjcle
✓'Llovainoer 21., 1965 Puol isn tit-tics and mailout
Novelnuac 15, 1985 Submit agenda item
✓ r4uvejnuuc eo, 19da Suu,nit agenda oacx-up
Jecember 3, 1985 City Council nolbs second public nearing
Deciam eC 9, 19d5 Submit agenda item
Decem er iU, 1985 Summit agenda bacK-up
* Decemuar 171 19d6 City Council institutes annexation
proceedings
Decemer td, 1945 Ordinance to Denton dacord Cnconicle
uece,nueC 10, 1945 Puolien ordinance
January 13, 1983 Submit agenda ite,n
January 14, 1945 Suomit agenda uacn-up
' January ll, 19d6 Final action by city Council
" Denotes action ay the Cicy Council
Jyd4g
i
P lit 8 Minutes
match 130 1985
Page 9
City Council directed staff to begin annexation pro-
cess. He continued due to delays in 0taining a proper
Legal description, changes in staff responsibilities,
and questions concerning utilities servicer processin.;
of thR annsxation petition h4g been slower than usual.
He added electric service it available from both the
City of Denton and TPiL. Water service must be ptanned
in conjunction with Argyles because it too is in a dual
service area and extending City of Denton mains is not a
feasible alternative. Sewer service is to be provided
by the City of Denton. The Development Review Committee
hat reviewed a preliminary plat of. the proposed develop-
ment, Woodcreek Subdivision and nos withheld a recormend-
ation of approval pending comments and acceptance of the
Argyle Water Company for requested sale of water.
Mr. LaPorte made a motion to recommend approval of the
retition of the City of Denton for annexation of approx-
imately 136.58 acres beginning approximately 500 feet
east of the centerline of U.S. Highway 377 and south
of Brush Creek Road (A-11). Seconded by Mr. Sidor and
unanimously carried (6-0).
B. Recommend approval of the petition of the City of Denton
for annexation of approximately 65.12 acres beginning
350 feet south of and perpendicular to the centerline
of 'J.B, Highway 380 and east of Oeesiing Road (Capricorn
Mobile Hume Park and surrounding properties) (A-13).
• Mr. Ellison stated the Holigan Development Corporstton
wishwa to expend and improve the existing Capricorn
Mobil,) Home Park. The existing park is situated on
approximately 30 acres and an additional 63 plus acres
is proposed for mobile home land use at approximately
6 to 7 units per acre. Upgraded utility service to the
existing mobile home park to a potential plus C! the
proposal. He continu*is a preliminary plat of the area
proposed for expansion has been submitted for review.
The City Council issued a directive to staff to initia~o
the annexation proce•is of the existing park ano proposed
area Oe expansion at Its meeting of December Is, 1994.
He added the Planning and Zoning Commission, the Public
Utilities Board and the City Council approved a request
for the extension of City utilities to the sate. He
added, the city will have to provide waters sewer, and
police protection.
On question from Mrs Sidor, Mr. Lltison stated the
Anwar would be extended from Geeslin; Rosa across to
Capricorn, they are currently using septic systems.
tie, Juren made a motion to .;aeommeni approval of the ,
petition of the City of Denton for annexation of ap-
prosimately 65.12 acres beginning 350 Net south of and
perpendicular to the centerline of U.S. Highway 380 and
east of OessLing Road (Capricorn Mobile Home Parlt and
surrounding properties) (I.-13), Seconded by Mr. Sidor
and unanimously carried (6-0).
C.rRecoamend approval of the petition of the City of
Denton for annexation vt approximately 42,35 acres of
land situated in the S. Huiear Survey, Abstract 914,
and beginning approximately 500 foot north of and
perpendicular to the oentsrlins of US Highway 360
and went of Match Branen Road (A=•t),
Mr, BLlison stated this annexation represents the
balance of the Tri-Steel Structures, Inc., property
beginning at the northeast corner of 180 west and
p x minutes }
March 13' i985
Pigs 10
Masch Brs;ich Road. Zoning end acre :ifice si;e has been reviewed tandd Acceptedrby them
Planning and Zoning Commission and City Council. The
City Council itirected staff to annex the entire Tri-
Steel a!ru,!,ures, Inc,, property in October, 1184.
Annoxation of tr'J balance of the parcel was uetayed
pending the sutaission of a proper legal description.
He added this is an involuntary annexation; nowever,
he property owner has not objected to date,
hr. Sidor made a motion to r?commend approval of the
petition of the City Of Denton for annexation of appr,x-
irately 42.35 acres of land situated in the S. Hui:ar
Survey, Abstract 514, and ae`inning approximately 500
feet north rf and perpendicular to the centerline of
U.S. Highway 380 and west of Masch Branch Road (A-15).
L _ conded by Mr. LaPorte and unanimously curried (6-0).
D. Recommend approval of the petition of Redditch s Co 60v38tacres situatediin the G. Walker n Survey, Abstract
1330, and beginning adjacent and east of a Abstract
I;A•18), Edwards Road
for, Ellison stated the petitioners have submitted a
request for voluntary anr<gxation to the Planning and
Community Development Department. Tills site is adjacent
and test of Edwards Road an unimproved dirt road that
must be upgraded. City will be responsible for main-
tanence and paving of this dirt road unless development
occurs before annexation is final. Low intensity
HtvcontinuedG the Allan policies
2states amouiie o home to Park ssitee
(S-LoS) 1s located adjacent and vest of Edwards Road,
Existing Andrew Corporation facilities and property is
also located In tills vicinity, Current land use
patterns along the Mayhill Road corridor range from low
and moderate density residential to tat City Wastewater
Treatment Plant and new landfill and ilgnt industrial.
Mr. LaForte made a motion to recommend approval of the
petition of Redditch investments Corporation for an-
nexation of approximatLy 00.38 acres situated in the i
G. Malker Survey , Abstract 1330, and oey inning adjacent
and east of Edwards Road (A-18), Seconded oy Mr. Escue
and unanimously carried (e-0),
E. StandarddIaecifica;lo!is for°Public WorksiConstruction
ort entry exas as t e spec cat ons or use n
copper on v or
public works, water utilit
private development projects for the City of Dentun,and
Texas,
Dos axmemberdofntnetqNorth TexasdCouncilaof Guvern-
menta, Rick Svenla, Assistant City Manager, helped put
the specifications toyetner. Mr, Jim Riddleslrrger Is
a member of several NT COG Committees, He gave a liAt of
cities wno nave alread, adopted the specifications. QQ He
th•tieverytime there tooVenton,atneysfindmaosethir,g
different reaaraing specifications, He stated one city
would like to adopt • !J,t of Standards with few excep-
tions, or variations to serve as a legitimate uide,
de Added, the NTCOG pis an errositn control chipter in
tneir storm management section, Ara ve would like to
Inelude that. He pointed out the ;ample erdiaance for
Commission to skew and would recommend tneir adopting
:hose standards.
DATE! 12/3/8S
CITY COUNCIL RgPOAT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SU9J ECT: HOLD A PUBLIC HEARING REGARDING THE RZQUEST OF HAMMETT S NASH, INC.
AND THE CITY OF DENTON FOR ANNY.XATION OF APPROXIMATELY 110 ACREF OF
LAND LOCATED WEST OF MAYHILL ROAD APPROXIMATELY 41000 FEET NOR1H OF
I-35 (A-17)
RECOMMENDATION:
The Planning and Zoning Commission recom.ended approval at its
meeting of March 13, 1985.
SUMMARY: This is one of six annexations being reprocessed due to on error in
publication procedt'res.
Hammett 6 Nash Engine,rs and Surveyors, Inc, submitted a retiuest for
annexation and light industrial toning on a SO acre portion of tLis
site. The change in zoning process will also be repeated. Staff is
recommending annexing the additional 100 acres to incorporate all of
the area west of Mayhill Road. High intensity Development Guide
Policies are applicable.
No development has occurred to date. Institution of annexation
proceedings on December 17, 1985 is,the next stee in the process.
Final action is scheduled for January 21, 1986.
PROG1tAMS2 DEPARTMENTS OR GROUPS AFFECTED:
All departments responsible for services and programs guaranteed to
City residents (Volice, Fire, Solid Waste, Library, etc.) One
residence and an estimated 2 persons are located in the subject area,
FISCAL IMPACT: Undetermined
sp / full au tted:
ME Sva f a
Acting City Manager
Prepared by:
David Ellison
Senior Planner
App v
-
Jeff
Director of Planning
acrd Community Development
j l v Y. { l i y Y 4
014L lei
i
NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION
NOTICE IS HEA',BY G.VEN TO ALL INTERESTED PERSONS THAT:
The City of Denton, Texas, propcees to institute annexation
pproceadinge to alter the bouadory limits of said City to add the
followin described territory to the corporate limits of t<,e
City of Denton, to-wit:
All that certain tract or parcel of land lyinj 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 1Lsits as established by
Ordinance No. 81.94, aeid point lying in Mayhil: Road at the
Lv.%lheast corder of the D. Hough Survey, Abstract No. 646, same
bein the southeast corner of the J. Bran
g don Survey, Abstract
No. 1515;
THENCE wost along the north boundary lion of said Hough Survey
same being the south boundary Una of said Brandon Survey,
passing the southwest corner of the said Brandon Survey, same
being the southesst corner of J. W. Cheek Survey, Abstract No.
324, a distance of 2640 feet, more or leas, to the northwest
corner of the said 9, Hough Survey, same 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 limita, same being the
vest boundary line of said Hough Surv it and the east boundary
line of the said White Survey to a point for a corner in the
southwest right-of-way line ofthe N.K. 6 T. Railroad;
THENCE southeasterly, along said present city limits, same being
the southwest right-of-way line of the H.K. 6 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. 6 T, Railroad, said point also bring in the present city
limits as established by Ordinance No. 08.38;
THENCE north 78°41'20" east along said present city limits,
crossing said railroad right-of-way, a distance of 100.0 fest.to
a ;oint for a corner;
`I THENCE north 54°31'30" east along said present city limits, a
distance of 88 feet to a point for a corner;
THENCE north 31°41 vii: along said present city limits, a
distance of 66 fast to a point for a corner;
THENCE north 10°51'09" seat along said present city limits, a
distance of 46.68 feet to a point for a corner, same being a
corner in the yresent city limits as described in Ordinance No.
78-38 and 83.16;
THENCE north 4°13'44" east along the present city limits as
describad in Ordinance No, 83.16 same being the west boundary
line of the G, Valker S+SrvJy, Abstract No. 1330 and the east
boundary Liao of the D. Lombard Survey, Abstract No, 784 and in
Mayhill Road, a distance of 719.12 feet to a point for a ^orn4rl
A-l7/HAMME&T i NASH, INC./PAGE ONE
ftor ?,w!+.+ S.i''' ?t L J, a" "w: 17
THENCE north 2°25'30" east along said present city limits, same
bein the past boundary Vne of the Q. Walker survey, Abstract
No. 1330 ane the east boundary line of the D. Lombard Survey
Abstract No. 784 and the D. Hough Survey, 4batract No. 646 an
in Mayhill Road, a distance of 1140., feet to a point for a
corner, same being the northwest aornsr 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 containing 150 acres of land, mare or less.
A Public Posting Will be hold by afore the it7 Co nail
of L.,e City of Denton, Texas, on the cIa of
1985, at 7:00 o'clock P. M. in the C y '
y ouncii C ere o e
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposei'z annexation. At said time and
place all such persons shall ha ~ the rto appear and be
heard, Of all said matters and things, Al alpersons interested
in the things and matters herein mentioned, will take notice.
A Public Hearing will be held by a d tV6fors City ouncii
of the City of Denton, Texas, on the day of ,
1985, at 7:00 o'clock P. M. in the C y ouncii Chambers o -Me
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
hoard. Of all said matters and things, all persons interested
in the thing' and matters herein mentioned, will take notice.
CI Y Of NTON, TE7~aS
ATTEST:
.A- N-1
tZrTj 7=N0 CKY- SECRET
I
•
A-17/11AMMETT & HASH, INC./PAOF Two
t y, !ref M. , f . ! * ti Ivw r t ~;r 1E«l a ~~~~.+e' Ta°."' ,f _r M'• 7 .
.S
PLAN OF SERVICE FOR MEXED'Arl A,,CITY_OF DENTON. TEXAS
WHEREAE', Article 970& as amended requires that `a plan of service
adopted by the governing body of a city prior to passage of an ordinance
nexing a:i area; and
i+. REAS, the City of Denton i,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
OF DENTON, TEXAS:
Section 1. Pursuant to the provisions of Article 970a as
amended, Texau Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service:
I. Basic Service Plan
A. Police
(1) Patrol?.ing, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic 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 Ge provided at city rates, from existing city
lines on tho effective date of annexation, and
thereafter from new lines as extended in accordance
with article 4.09. of appendixc A of the code of the
City of Denton, Texas.
D. Sewer
i
(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, To.-.as.
E. Refuse Collection
(1) The same regular refuse collection service nuw pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexaction,
,F.,.:, ~ 1 ~,..tip "F ^ l4.' ! i ~ T\... ..Y~. d .'V 4n n ~,..~y.
Service Plan
Annexed Arbas
Page two
0 F. Streets
(1) Emergency maintenance of streets (repair of bazardo..4
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation,
(2) Routine maintenance on the s&me 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 store; 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 arei
on the effective date of annexation.
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
1. Street Lighting
(1) Street lighting will be inutalled in the substan-
tially developed areas is accordance with the
established policies of the city*
J. Reereatic,..
(1) Residents of the annexe) area may use all existing
recreational facilities, parks, etc,, on the effec-
tive date of annexation. The samt, 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.
s
3f ti id..: >r~ NA r 7 q.9 tii n p ,`r 1
y r is
9ervfC~ flan
Annexed Areas
►?age three
L, Miscellaneous
(1) Street name signs where needed will be installed
crithin approximately 6 months after the effective
date of annexation.
11. Capital Improvement Program (CIP)
The CIP o.t the City coneists of a fivo year plr,n 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 overall city economics.
The annexed area will be considered for CIP planning is the
upcoming CIP plan, which will be no longer than cne year from
the date of annexation, In this new CIP planning yoar the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city,
~I
r
I
A t
~r Y
71
♦ ,
Olt
r
I.J
Y .
Y
moommor. ~mm
I
A-17
/ . i.= /
♦
L ♦ • s-em •
1
♦
00
A-17
ANNEXA'PtON SCdCOULB
✓ Octooer 18, 1985 Sub,ait agenda item
✓ Oetouer 19, 19d5 suamit agenda oacx-up
Noveinuer 51 1945 City Council seta Gate, time and place
For puulie nearing
✓ Novemoac 6, 086 Notico to Denton Aecurd Cnronicle
✓Nove,nber d, 19;5 Puolisn notice and mailout
✓ Nuveinuer 11,1935 SuomLt agenda lte.~
V-~- rlovemoer 1211585 Suomit agenda oacx-up
s/* Novemuer 19, 13d5 city Council nolds first puolie nearing
a0ve,auer 2U, 1943 Notice to Denton Record Cnronicle
✓ Nuveiaaer 21, 19d5 PUalian notice and mailout
Novemoer 26, 19d$ Suumit agenda item
✓ Novemaar 26, 19ds Suo,nit agenda oacx-up
* Dace,noer 3, 1945 City Council nolds second public nearing
Decemoer 31 1985 Suu,nit agenda item
Dece,nodr 1U, 19ds t'uoiniu agenda oacx-up
* Deceinuer 17, 19d6 City Council iostitutes annexation
proceeaings
Jeceinoer ld, 19d5 Ordinance to cienton Aecord Cnronicle
Decemoer 1U, 19d.i Puolian ordinance
January 13, 1985 Suotnlt agenda ite.,i
January 14, 1986 3uoiait agenda oacx-up
* January 11, 19d6 Pinar action oy city Council
* Denotes action oy the City Coun,:i1
U964g
ti
roar'. '.,~j S"~~"~':'•
Wfli fl
Minute#
. Planning and Zonin Commission
March 13, 985
The regular meeting of the Planning in~ 7~onin Co iesi off
the City of Denton , Texas was hod on a nesdl rarcn Y3 t985,
at 5:00 p.m., in the Council Chamber of the 14%Lcipal Buildin;.
Present: Bill Claiborne, R.B. Escus, Jr,, Gary Juren,
Robert LitForte, Tom Pearson and Andy Sidor
Absent: Ruby Cole
Present from Staff: David Ellison, Senior Planner; Denise Spivsy,
Urban Planner; Cecile Carson, Urban Planner; Tina Hill,
Intern; Joe Morrie, Acting City Attorney; Jerry Clark,
City Engineer; Koorosh Olyai, Transportation Engineer;
Ray Rua ield, Civil Engineer; and Debbie Boydaton,
secretary
1. Approval of minutes of the regular meeting of
February 27, 1985.
Mr. LaPorte made a motion to approve the minutes of the
regular meeting of February 27, 1985. Seconded by Hr. Sidor
and motion carried unanimously (5-0).
Mr. Eseue arrived at the meeting.
21. Considerations
A. Recommend approval of the petition of R. 0. McDonnell
for annexation of approximately 34.6 acres of land
situated in the M. Forrest Survey, Abstract 417, and
beginning appproximately 250 feet south of and perpen-
dicular to tho centerline of FM 416 and approximately
2,000 feet east of Maynill Road (A-14).
Mr. Ellison stated this is the petition of
R.O. McDonnell for innoxation of approximately 34.6
acres of land situated 150 feet south of and perpen-
dicular to the centarline of FM 426 and approximately
21000 Not east of Mayhill Road. lie stated the request
is voluntary. This is the site of the request for two
family ano general retail land use with retail/ware-
housing pormitted. He added, a portion of the overall
site is currently located within the city limits. Staff
recommends approval of this request.
Mr. Sidor mace a motion to recommend approval of the
petition of R.O. McDonnell for annoxation of approxi-
mately 34.6 acres of land situated in the H. Forrest
Survey, Abstract 4171 and beginning approximately 250
feet south of and perpendicular to the centerline, of
FM 426 and approximately 2,000 foot east of Mayhill Road
(A-14). Seconded by Mr. LaPorte and unanimously carried
B. Reeommend approval of the petition of Hammett 6 Nesh,
Inc. and the City of Denton for annexation of approxi-
mately .,+0 acres of land located west of Maynill Road,
approximately 4 000 feet north of 1.3S, and adjacedt and
north of the MKIT railroad (A-17).
Mr, Ellison stated this request is for approximately 150
acres of land located vest of Mayhill Road approximately
4,000 feet north of 1•3S and adjacent and north of the
MKbT Railroad, He itatad Hammett and Mash, inc., have
subeiaid a voluntary, roquest for annexation and light
industttal soninh on a 50 acre portion of this site.
t"j'}. t i w •i ~,4;: x ! v '.i
T-77, 7,7
P i,Z Minutes
March 13, 1985
Past 2
Staff is recommending annexing the additional 100 acres
to incorporate all of the area west of Mayhill Road.
He added high intensity Development Guide policies are
applicable to this area.
Ms. Mason Haggard, an area property owner, asked if it
would be required for the developer to build a fence.
Chairman Claiborne answered that will be discussed on
the zoning case which will slew be heard at this meeting.
M;. Ellison added City Council will consider all of the
annexation requests on March 19, 1985.
Mr. Escus made a motion to recommend approval of the
petition of Hammett d Nash, Inc. and the City of Denton
for Annexation of apppproximatAly f50 acres of land
located west of May 11 Road, 4pproxinataly 4,000 feet
north of 1.35, and adjacent and north of the MK&T Rail-
road (A-17). Seconded by Hr. Sidor and carried unan-
iw ly (6.0).
111. Consent Agenda
Each of these items is recommended by the staff and approval
thereof will be stric Jy on the basis of the staff recom-
mendation. Appproval of the consent agenda authorizes the
Director of Planning and Community Development or nts desig-
nee to proceed wi'.h each item in accordance with the staff
recommendation.
A. Recommend approval of preliminary plat of the
Creekside Addition.
B. Recommenn approval of preliminary plat of the
Kelooe-Pitner Addition.
Mr. LaPorte made a motion to approve the Consent
Agenda. Seconded by Hr. Sidor and unanimously
carried (6.0).
IV. Public Hearings
As Z-1725. This is the petition of R. 0. McDonnell
requesting a change is zoning from the agricultural (A)
class.fication to the planned development (PD) district
on a 19.4 acre tract located on the south side of FM 426
(East McKinney Street) approxistiately 2,000 feet east of
Mayhfli Road. If approved, the planned development will
permit the following land uses:
5.9 acres - general retail
33.5 acres - duple.;
Ms. Spivey stated them were five reply forms mailed
to property owners ac:d none were retutned.
Mr. Brian Burke stated as disc+,ased at the previous
meeting, he is representing tha petitioner and has
done t preliminary engineering including a preliminary
plat. He stated they would like to have frontage slong
cKinney Street. He stated they are requestinS general
retail/office. He continued the warehouses will have
office fronts with storago in the back. He stated
Mr. NcDonnelli ppatitioner, would also like to have a
cabinet shop, wholesale to builders with rear delivery
and shipment.
T_.TS ..4 y
f ;$,i tti-r w }(Tk r' +...y,"'4J, 1 '..i,L ~4~ +r'l ~r :q,~e ~.r i: ''~'R• !~''o ui + Tarr,
r
r
DATE: 12/3/8$
CITY COUNCIL REPORT FORMAT
TO: Mayor and Hembera of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: HOLD A PUBLIC HEARING REGARDING THE REQUEST OF REDDIICH INVESTMENTS
CORPORATION FOR ANNEXATION OF APPROXIMATELY 60.38 ACRES SITUATED IN
THE G. WALKER SURVEY, ABSTRACT 13303 AND BECINNING ADJACENT AND EAST
OF EDWARDS ROAD (A-18)
RECOMMENDATION:
i
The Planning and Zoning Commission recommended annexation and
zoning at its meeting of March 13, 1985.
SUMMARYS This is one of six annexations being reprocessed due to an error in
publication procedures.
The petitioners submitted a request for annexation and zoning; 'ooth
were approved. Edwards Road is an unimproved dirt road that must be
upgraded at developer's expense when development occurs. Low intensity
Development Guide policies are applicable to this site.
Institution of annexation proceedings on December 17, 1985 is the next
scheduled action. Final action is scheduled for January 2i, 1986.
BACKGROUND: This site abuts property approved for mobile home park use (originally
called Allan Estates). Existing Andrew Corporation facilities and
property is located south of the Lract. Development Guide policies for
low intensity areas are applicable. Current land use patterns along thr
Mayhill Road corridor range.from.low and moderate density residential to
the-City Wastewater-7vt-stfsent-Plant and new Landfill and light industri.
PROGRAMS DEP.'WrKEP.TS OR GROUPS AFFECTED:
No existing housing or population will be affected by this proposed
annexation.
FISCAL IMPACT: Uddete rniined
Ro pec~ ally ubmitted:
Rick Svehla
Acting City Manager
Prepared by:
David Ellison
Senior Planner
Ap ov
Jeff M
Director of planning
and Cowunity Development
W, p, :di'. NOTICE Or PUBLIC HEARING ON -ED 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 lieite of the City of
Denton, to-wits
All au t certain tract or parcel of find lying and being situated in
the County of Denton, State of Texas and being part of the 0. Walker
Sutivey, Abtract No. 1330 and more particularly Ascribed as follows:
BEOINNINO at a point in the present city limits, said point being the
northeast corner of the tract described in annexation Ordinance Jo.
s in- Volume same 297' Page t 584 oftthdsdeadrreco ds of tract
Denton County, described Texas;
THENCE south 86°5Z' east along the north boundary line of said tract,
a distance of 1412.5 feet to a point for a corner, same being the
northeast corner said tract,
THENCE south 2°14' watt along the east boundary line of said tract a
distance of 1861,0 feet to a point for a corner in an tact and west
portion of a coup
r road known as Edwards Ro
ed, tame being the south-
east corner of y
said tract'
THENCE north 86°08' vast along the south boundary line of said tract
and in said road, a distance of 1331.3 feet to a oint for a corner
same being the southwest corner of said tract; P '
THENCF, north 10°221 west along tho west boundary line of said tract
and in said road, a distance of 505.5 feat to a point for a corner;
THENCE north 3°27' east continuing alon6 the west boundary line of
said tract and in said road passing at 203.4 feet the southeast
corner of said tract describe in annexatioo Ordinance No. 83-16, and
continuing along said lines and city limits for a total distance of
1357.8 feet to the place of beginning and containing 60.38 acres of
land, more or less.
A Public Hearing will be held b before a Cit Council of
the City of Denton, Texas, on the
day of 0. 985
'Co 42
at 1.00 o clock P. H. in the City ouncil Chambers o the uicipa~
Building of the City of Denton, Texas, for all persons into rsst~d 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 person. inter-ested in the things and matters
heroin mentioned, will take notice.
A Public Hearing will be hold M&L befor ok. n Cit Council of
the City of Denton, Texas, on the day of 1985
at 7:00 o'clock P. H. in the City Chambern o t • municipal
Building of the City of Denton, Texas, for all patrons interested in
the above proposed annexation. At said tine 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.
i
CIT Or TON, TE~fA8
ATTrSTs
jLAN OF SERVEft IOR AN"r AftE.1. CITY QF I`INTON~ TEXAS
!'fHEREAS, Article 970a as amended requires that a plan of service
adopted by the governing body of n city prior to passage of an ordinance
nexing 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 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, uRing present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established Ly 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. Slater
(1) Water for domestic, coL wercfal and industrial use
will be provided at city rates, from existing city
lines on the effective elate of a:--exation, and
thereafter from new lines as extended in accordance
with articlo 4,09 of appendix A of the code of the
City of Denton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, 'texas.
E. Refuse Collection
(1) The same regular refuse collection aerviee now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date or 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.
(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 reed therefore is determined by the governing
body, will be accomplished under the established
policies of the city,
a. 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.
e H, Planning and Zoning
(1) The Planning and Zoning jurisdiction of *ho~ city
will extend to the annexed area on thr, effective
date of annexation, City planning will thereafter
encompass the annexed area.
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J, Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, 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.
F, 7
ServiCb plan
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs whk:re needed will be installed
within approximately 6 months after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIV 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 otter 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 same
established criteria as all other areas of the city.
i
l
. di
n 1 \
~.sea= . • M•
/ ~ Ai11f IAA i
.-7, 7j"~II m~ .7~,.577,W A-ld
ANWAPION SCdEDUL9
~otooer 28, 1985 L.:,snit agenda item
Octuuer '290 19d5 SuumLt agenda pack-up
v. Novemoer 5, 19a5 City Council sets date, time dnd place
ioc puolic nearing
Novemoer 6, 19d5 Notice to Denton Accord Cnronicle
Novemoer at 19d5 Puolisn notice and mailout
Novemoer ll,l945 Suomit agenda item
✓ Novemoer 12,1985 Suu,nit agenda ndex-up
Novemoer 19, 1985 City Council nolds first puolic nearing
dovemoer 2U, 1985 Notice to Denton Record Chronicle
,/Novemoer 22, 1965 Fuolisn notice and mailout
,/,4ovemoer 25, 1945 Suomit agenda item
L.,A(jve,noer 260 1985 Suomit agenda uacK-up
Decemoer .i, 1985 City Council nolaa second public nearing
December 19d3 Suomit agenda item
Decemoer 10, 19d3 Suomit agenda oaeK-up
Decemoer 171 19do City Council institutes annexation
proceedings
Jecemoer id, 1985 Ordinance to Dencun aecord Cnronicle
Decemoer 2U, 1985 Puol
ian ordinance
January Of 1965 Suomit agenda item
January 14, 19dy Suomit agenda oacK-Op
' January 21, 1946 Final action uy .;ity Council
* Denotes action ay the City . )uncil
U964g
e
e an . , 7 f i5 P. `.a w.t ♦ ems.. 1"?ci^'C 7"
P 4 Z Minutes
March 130 1985
Page 10
Mosch Branch Road. toning and plat approval for a five
acre office site has been reviewed and accepted by the
Planning and Zoning Commission and City COUnC11. The
City Council directed staff to annex the entire Tri-
Steel Structures, Inc., property is October, 1984.
Annexation of the sal,nce of the prrcel was delayed
pending the submission j,%f a proper #Sal description.
He added this is an involuntary annexation; however,
the property owner has not objected to date.
Mr. Sidor made a motion to recommend approval of the
petition of the City of Denton for annexation of approx-
imately 42.3S acres of land situated in the S. Huiaar
Survey, Abstract S141 and be inning approximately 500
UOSt Hnorth ighwayf330dandrwest iof Masch Branch conterline of
(A-1S).
Seconded by Mr. LaPorte and unanimously carried (6.0).
D. Recommend approval of the petition of Redditch
Investments Corporation for annexation of approximately
60.38 acres situated in the Co. Walker Survey, Abstract
1330, and beginning adjacent and east of Edwards Road
(A-18).
requestifor voluntaryeannexationrto have Planning and
Community Development Department. Tnis site is adjacent
mustebetuPgraded. citydwillubemresponsible fordmain-
tanence and paving of this dirt road unless davelopment
. occurs before annexation is final. Low intensity
Development Guide policies are o.ppltcable to this site.
He continued, the Alien Estates Houite Home P►rk site
(S-16S) is located adjacent and west of Edwards Road.
Existing Andrew Corporation facilities and property is
also located patterns &Ion$nthe iMayhilliRoid corridor lrangesfrov low
and moderate density residential to too City Wastewater
Treatment Plant and new landfill and 11gnt industrial.
Mr. LaPorte made a notion to recommend approval of the
petition of Redditch Investments Corporation for an-
nexation or approximatly 60.38 acres situated in the
andweastrofuEd a~dsbRoidc(A119). a SoconeednoysMr. adjaent
and unanimously carried (o-0).
E. Recommend approval of a resolution adopptins the
Standard Specification s for Public Works Construction
of-r ri'cen ra exam as t e spec cations or use n
connection with u ure public works, water utility, and
private development projects for the City of Denton,
Texas.
Mr. Clara explained the request for adoption and stated
Denton is a member of the North Texas Council of Govern
Rents. Rick Svdnla, Assistant City Manager, helped put
ahiemberiofcseveriltN COG Commlttues, RHedSavo aslisisof
cities wno nave already adopted the specifications. He
continued, there are a lot of contractors coamentin4
. that everytise they come to Denton, they fiKo" soaathins
different regarding specifications. He stattJ the city
would like to adopt a set of standards with few excap•
ttons or variations to serve as a legitimate guide.
He added, the NTCJG nas an errosion control the ter in
their storm sanagement sdction, and we would like to
include that. He pointed out the son I# ordinance for
Commission to view and would recommehd their adopting
these standards.
s , a
Y.n' H S:
77
77
e' 1 IY. i~
DATE: 12/5/85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: public [fearing for Proposed Zoning Ordinance Change
requiring a Specific Use Permit for temporary batch
plants.
RECOMMENDATION:
The Planning and Zoning Commission considered this item
at its meeting of November 6, 1985 and voted to
ry-commend approval of 0e ordinance change by a vote of 5-0.
SUMMARY: The proposed amendment will require a specific use permit
to operate a temporary batching plant in the following
zoning districts: agricultural, single family, two-family,
multi-family, parking, office, neighborhood service, general
retail, commercial and central business. The Zoning
Ordinance currently permits the establishment of a temp-rarl
SACKGROUNU: batch plant by a resolution of the City Council.
The specific use permit process will allow for public
notification and comment before a temporary batch plant
is established.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Citizens will have an opportunity for public comment.
FISCAL IMPACT:
Filing fees for specific use permits would be collected.
lly bm tted:
1
QCi,
City Manager
Acting
Prepared by:
'De
Denise Spi ey
Urban Planner
App t ve
Director of Planning
and Community Developtient
A 1~ , Y'E~ 4
CITY OF DENTON
MEMORANDUM
DATE: December 3. 1985
TO: Denton City Council
FROM., Danise Spivey, Urban Planner
SUBJECT: Proposed Change in Zoning Ordinance
The Zoning ordinance currently allows the establishment of a
temporary concrete or asphalt batching plant by a resolution of
the City Council in the following districts: agricultural (A),
single family (SF-7 - SF-16), two family (2F)s multi-family
(MF-R - MF-2), parking (P), office (0). neighborhood services
(NS)s general retail (a R), commercial (C), and central business
(CBD). The resolution process does not provide for a public
hearing or notification of surrounding property owners. The
proposed amendment would require a special use permit to
operate a temporary batching plant in the above listed zoning
districts and thereby allow for public notification and comment.
Denise 8 iv'
so
10768
iQ9 L`
N0.
AN ORDINANCE AMENDING THE ZONING ORDINANCE, APPENDIX Br ARTICLE
7M OF THE CODE OF ORDINANCES OF THE CITY OF DEhTON, TEXAS] BY
REQUIRING A SPECIAL USE PERMIT TO OPERATE A TEMPORARY CONCRETE
OR ASPHALT 8ATCHING PLANT IN CERTAIN ZONING DISTAICTSI PROVIDING
A PENALTY THEREFOR AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTONs HEREBY ORDAINSi
SECTION I.
That Article 7M (Schedule Of Uses) of Append[x B-loning of
the Code of Utdinances of the City of Denton, Texas is hereoy
amended to that hereatter the same shall read as follousi
TM un
rn malvC U M"as s e
=rewwa P s
M snCIAL WOUSTUAL FROC&M
ANWAIa towcasm EXPOA,A1 CATCHING PLANT WITx sFtc:rzc ust PtoLml
are du a ru PtAwP P P
cmwr os ssss.t~ us s
MdOM
An/ Oa MMPAN P
KLAW
WOMA W s
OPtw "VAN TAM Me P
s~arm a aeraur _
N OWOUL MAM1PACMWO AND DYDUIMU I*W"
oI
L Ll - I ,
SECTION It.
That any person violating any of the provisions of this
ordinance shall, upon conviction, be fined a sum not ex:eeding
Two Hundred Dollars ($200.00)I and each day and'evety day that
the provisions of thiA ordinancs are violated shall constitute a
separate and dletinet offense. This penalty is :n addition to
and cumulative of, any other remedies as may be available at law
and equity-
PAGE 1
l+
SECTION III.
That this ordinance shell become etfecttva tourteen (14)
days trom the date of its paasayeo and the city Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chzonicle, the official
newspaper of the City Ot Denton, Teras, within ten 110) days of
the date of its passage.
PASSED AND APPROVED this the aay of , 1985.
RICHARD TENART, M Y0R
CITY OF DENTUN, TEXAS
ATTEST:
CN RLUTTE AL EN, CITY SECRETARY
CITY Of DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY Of DENTON, TEXAS
BY: C r/,
PAGE I
e i~ x .-1 r Sh ~1. J t :;1xf •d r ' ' r .t 4 ~a.,~ r r 1 ..tip "2.
~ '3 ri x+n'
.7
P 6 z' Wiflotes
November b, 1985
Page 11
G. ORDINANCE AMENDING THE ZONING ORDINANCE APPENDIX 'B
o e City o
_OF THE- 5 (UNAPPROVED) ' ' USA permit to
operate a temporary concrete or asphalt botching plant
in certain toning districts, providing a penalty there-
for and declaring an effective date.
STAFF REPORT: Ms. Spivey said that the initiation of this
proposed ch nge in the Zoning Ordinance was brought about
by a mobile home park that is developing and requested the
approval of a temporary batching plant at their construc-
tiion site. She said the Zoning Ordinance currently allows
the establishment of those temporary plants by resolution
of the City Council in the following districts: agricul-
tural (A), single family (SF-7 - SF-16), two family (2F),
multi-family (MF-R - MF-2), parking (P) office (0),
neighborhood service (NS), general retail (GR), commercial
(C), and central business (CBD). Staff feels that tempo-
rary botching plants specifically in residential areas can
be a nuisance as far as noise and appearance are concerned.
She said the resolution process does not provide for a
public hearing or notification of surrounding property
owners. The proposed amendment would require a special
use permit to operate a temporary batching plant in the
above listed zoning districts and thereby allow for public
notification and comment.
IN FAVOR: None present.
OPPOSED: None present.
Public hearing closed.
DECISION: Mr. Escue moved to recommend approval of the
a odopp'fion of an ordinance amending the Zoning Ordinance,
App endix B, Article 7M, of the Code of Ordinances of the
Gi y of Denton, Texas, by requiring a special use permit
to operate a temporary concrete or asphalt botching plant
in certain zoning districts providing a penalty therefor
and declaring an effective ate. Seconded by Ms. Cole and
unanimously carried (S-0).
Meeting adjourned at 6:3S p.m.
1 1 1 j-1, 'i V I IF DATE-December 3 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 19540 DE,IhOLITION AND CLEARIN3 OF LOTS 14
RECOMMENDATION: We rcommend this bid be awarded to the lowest bidder of
Burley Construction in the total amount of $8,460.00 for
all nine lot involved.
SUIVART: This bid is for the clearing of nine lots ss part of the
Commutilty Development Block Grant program.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
CDBG
FISCAL IMPACT: 1985/86 Block Grant Funds
Account 1216-005-CD06-8502
e ectf lly su it
Rick Svehla
Acting City lianager
Pre ared by:
ame: Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
Name: om haw, C.P.M
Title: Assistant Purthasing Agent
1 ky1
'V 7
1
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AVARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herata described bids are the
or services as ishown tin the "Bid Proposals" submitted ~ therefor;
and
VHEREAS, the City Council has provided in 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
Cie Council approve al
y all expenditures of more than
$10,000; and
WHEREAS, Section 2.09 of the City Charter requires that
every act 'of the Council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance;
NOW9 'T'HEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the numbered iteats in the following numbered bids for
materials equipment, supplies, or services, shown in the "lid
Proposals" attached hereto, are hereby accepted and approved as
being the lowest responsible bids for such items:
BID ITEM
NUMBER NO. VENDOR AMOUNT
9RIn l~ _R"4ay [nnat ar 1 n S p_&1u1.0
aW .11 SCd,a, Inn_ _7S,f1f1A AA
aRae .11 _,r4t% o_it,r rApjfAj . 193,or4.aa
SECTION II.
That brr the acceptance and approval of the above numbered
items of .he submitted bids, the city accepts the offer of the
persons submitting the bias for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quAntities
and for the apeeified suer contained in the Bid Ia%ttations, Bid
Proposals, sod related docunente.
SECTION IIIL
That should the City and persons submitting approved and
accepted items and of thre submitted bide wish to enter into a
PAP-9 nW1
f is t+' r i tw v,~~t Yf L 'i yy + n! i` ^1 . s:.
formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that
the written contract to in accordance with the terms
conditions, specifications standards, quantities and specifiel
sues contained in the Bid Proposal and related bid documents
herein approved and accepted.
SECTION IV.
That by the acceptance and approval of the above numbered
its.. of the submitted bids the City Council hereby authorizes
the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V.
That 'this ordinance shall become effective immediately upon
its passage and approvaa.
PASSED AND APPROVED this ~ 3 day of _ kscember , 1985.
I
I
RIM . , MAYOR I
CITY OR DENTON, TEXAS
ATTEST %
CITY ( P DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
DElRA ADANI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTONj TEW
BY: _
PA69 TWO
ulu r ~~4U
BID TITLE DEMOLITION d~ C~EARIt~G OF LQTS _ BURLEY DICKERSON GOLDEN BIGHORN
CONST, CO. CONST. CO, TRIANGLE EXCAVATING
OPENED November 12 1985 2 .m.
;ACCOUNT l 216-005-006-8502
TY. ITUI ES IP YEN R VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
1129 --AKLOO 1,870, 0 7501
lilt 1 19 0 0 .DO 200. O 1 3.25
409 _L
3 624 Railroad Ave. 1020.00 3 000.00 1 500.00 _ -11603. 25
4 511 Ruth 19220.00 5,115.00 -2-,2 40.00 1,643,25
1205 Morse 00,00
7 720.00
r
1 8 1
8 601 Madda 110?0 00 2~k, 00
9 1428 K, Prairie 720.04 3 700.00 800.40 1 603.25
DATE:December 3, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 19547 TREE TRIR41NG FOR ELECTRIC LINES
RECOMMENDATION: We recommend this bid be riwardsd to the lowest bidder
of Trees, Inc., not to exceed $75,000.00.
SUM MRY: This bid is for the clearing of approximately 500000 feet.
of Electric Overhead Distribution lines. Total expenditure not
to exceed :15,000.00. The project will be under the supervision
of the Electric Distribution Department. The bid includes all
materials, equipment and labor.
BACKGROUND: Tanalation Sheet
PROGRAMS, DEPARTKNTS OR GROUPS AFFECTED:
Electric Distribution Department
FISCAL IMPACT: 1985/86 Budget Funds for Maintenance of Ove;h3ad Distribution
System Account !610.006-0252-8338
spec fully ubmiittted:
r~
Rick Svehla
Acting City ilaiager
Pr ared by:
Name, Tom D. Shaw, C T A,
Title: Assistant Purchasing Agent
Approved:
ame., Toni 0. Shaw, C.P.M.
Title: Assistant Purchasing Agent
0AU r Y441
BID TITLE TREE TRIMMING
OPENED ~~ovember i4 1985 p m NORTHEAST ASPLUNDH TREES WHITMIRE
_ SERVICE
ACCOUNT I INC. LINE
Tye _ ITEa! DESCRIPTION fVE VENDO VEN R VENDOR VBNDO VENDOR VENDOR
9~t
0 en Easement .45 1.05
Closed Easement 1.35 1,20 1.00 1,24
Combined Onen E Close
DATE: Dr°ember c 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla. Acting City Manager
SUBJECT: BID 19549 THIRD PARTY LEASE/PURCHASE FINANCING
RECOMMENUATIU.: We recommend this hid be awarded to the lowest evaluated
alternate bidder, Security Pacific Capital Markets at an
anr,url percentage rate of 7.39%, for s proximately $865,000.00
worth of vehicles ind equipment. Total intrest cost over
36 months is approximately $93,000.00.
SUMMARY; This bid is for the financing of approximately $665,000.00
worth of equipment ane vehicles as moterpool replacement
and fleet additions.
Our request for bid called for a master lease with multiple
payment schedules (one for each piece of equipment). The
bids received offered an escrow arrangemint with one payment
schedule as an alternate.
The recommendation above is based on the lowest and most
responsive alternate bid, Security Pacific Capital Markets.
The bid offered by Chrysler calls for unacceptable payment
terms and the bid f^om Public Leasing did not include sufficient
data for an evaluat.on.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Motorpool Financing
FISCAL IMPACT: These lease payments will be funded thru motor pool expense
Account 1720-3002 and charged back to the respective fund
for each affected department a% set up in the 1985;86 budget.
Re Y4&-
CaeActing City Manager
Prep red by:
Name: om awl; . . .
Title: Assistant Purchasing Agent
Approved:
xii : oao ai , C.~.Ifi.
Y111a. aa.iaf~n! ~F.._-~ tim an"t
biU J_i-c J47
BID TITLE LEASE/PURCHASE FINANCING SECURITY PUBLIC FIRST SECURITY FIRST CHRYSLER CAPITAL
PACIFIC LEASING CONT. PACIFIC CONT. CAPITAL CITY
OPENED November 21, 1985 2 p.m. LEASING CORP. FINANCIAL CAPITAL LEASING PUBLIC LEASING INC.
CORP. CORP. MARKETS CORP.
ACCOUNT l~ Dallas Oklahoma Dallas Deliver Dallas Kansas Cit Austin
City
TY. I O VENDOR VENDOR- VENDOR VENDOR VE 00 VENDOR VENDOR
APR Aita- ,91% _ 7-39% -8 25% A RAt
Y Wr r. w...... .r
rYr rY IV _ _ _ _ _ n ~ r
DATE: December 3, 1985
CITY COUNCIL. REPORT
TO. Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECTS BID /9383 AERIAL PHOTOGRAPHY YAPS
REC BEIPATION: we recommend this second portion of the above bid be awarded
to CAD Associates, Inc. for the total amount of $249,877.00
SWWRY: This bid was received and a portion was awarded January 8, 1985.
This is the second phase of the bid award as described in a memo
from Jerry i:lark attached, which includes portions of Part A. 8,
and C of the original bid.
BACKGROUND: Tabulation Sheet
Memo from Jerry Ciork
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Public Works b Utilities
FISCAL IMPACT: There is no additional impact on the General fund.
Res ully s itted;
.
Rick Svehla
Acting City Manager
Prepared by:
Ti t1 ohn J. Marshall, C.P.M.
Purchasing Agent
Approved:
ar .z,c
n v Jo a .
i&.: Purchasing Agent
09:3L
CIO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPAOVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING ?OR AN
EFFECTIVE DATE.
WHEREAS, the City has solicit"'1 received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$10,000; and
WHEREAS, Section 2.09 of the City Charter requires that
every act of the Council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the following competitive bide for the construction of
public works or improvements, a described ir. the "Bid invita-
tions", "aid Proposals" or place and specifications attached
hereto are hereby accepted and approved as being the loweec
responsible bidet
BID NUMBER CONTRACTOR MOUNT
9383 CAD Asscciates $2490877.00
SECTION Ii.
That the acceptance and approval of the above competitive
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 inluding the timely execution of a written contract and
furnishing of performancw 4nd payment bonds, after notification
of the award of the bid.
SECTION 111,
Trrlt the City Manager is hereby authorized to executor all
necessary written contracts for the performance of the
construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms conditions plans and specifications, standards,
quant1ties and specified s~tms contained therein.
PARE ONE
77
.
.bFCTION IV.
That ul+oo acceptance and approval of the above competitive
bids and the execution of contracts for the public works and
improvements as authorized heroin, the City Council hereby
authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V.
That this ordinance shall become effective im"diaLely upon
its passage and approval.
PASSED AND APPROVED this the day of , 1985.
RICAM 0. 'SZ'EiJWj X17 OR
CITY OF DENTON, TEXAS
ATUST o
CHARLOTTE ALLN-MYT SFC FURY
CITY OF DEN70N,9TEXAS
APPROVED AS TO LEGAL YOM:
DEBRA ADAM DRAYOVITCHs CITY ATTORNEY
CITY OF UENTON, TEXAS
BY.
PAU TWO
CfTY of WNTON, TEMS MUNICIPAL BUILDING / 216 E. WKINNEY $L / DENTON, TEXAS 78201
MEMORANDUM
DATE: November 11, 198S
T0: John Marshall, Purchasing Agent
PROM: Jerry Clark, City Engineer
SUBJECT: Mapping bid
Please place the second phase of the mapping bid from CAD
Associates (Bid #9383) on the City Council agenda for December
3, 1985.
Part A - Section 2 - Surveying $29,660.00
Part B - Section 2c- Ortho Maps 86,436.00
Part C - Section 2b- Contour Maps 33 791.00
An additional change order for the following shall be
considered at the next council meeting. (December 1#, 1985)
Sume additional items for lettering have been added 13 665,00
Total Award Z.0U
Enclosed are project descriptions that include delivery dates
for the above services. The last delivery date will be
September 101 1986, This will allow payment during the
budgeted 1985-86 fiscal year.
Please advise if further information is needed.
Jerzy ~l rk
C4 y Eh eer j
is
143S6B
8171668.8200 DIFW METRO 4V-2b20
BID 0
P 0 1
810 TABULATION SHEET
CITY OF DENTON
CAD MOW
A) survey control PJ
State Plano Coordinate System: J
Section 1 - 28 Square exiles of control survey S 3 ono
Section 2 - 133 Square miles of control survey $ 3 OC) Q()
i'
i1) 133 Square mile - scale 1"+50' plans flight elevation
(m&ximum) ■ 2500 above mean terrain.
Section (la) aerial photograph for 133 mil 105 3 0 aot;'
action (lb) ortho maps for 133 ail
$ o
Y2) tos Square miles - scale 1"200' plane flight elevation
(maximum) - 3460 above near terrain. Aerial photography
from contour flight
Section (2a) ortho - maps for 103 mil
28
(maximum a miles - scale 1""50' - plane flight elevation
2500 above mean terrain),
Section (2b) aerial photography 28 mil
Section (2c) ortho maps for 28 mil
C) Contour Macs
1) 133 Square miles of 2' contour maps maximum fli ht
elevation to be 3460 feet above mean terrain 8
Section (14) aerial photography for
133 square m!lea $~4 1 O
~Section (lb) contour maps for 133 mil r
I `'14 11.7
2) Existing contour maps - 41.5 square miles -
contour maps - 6.4 Hiles expand existing
(ease-west) (north-south) and _ 38,,,mlios
Section (2a) aerial photography for 2 k-15 I-) ti.
'Section (2b) contour maps or
s
DATE:December 3, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: PURCHASE ORDER 010665 SOUTHWEST ELECTRIC
RECOMENDA'TtOtl: We recommend this purchase order #70665 to Southwest Electric in
the amount of $11,069.00 be approved.
SUIVARY: This purchase order is for the emergency repair of a 700
horsepower electric motor located at the power plant. The
repairs include complete rewind, dynamic balance, straighten
shaft, cleaning the journals and some minor repair to the
core.
BACKGROUND: Purchase Order 070665
PROGRAMS, UEPARTMENTS OR GROUPS AFFECTED:
Power Generation Plant
FISCAL IMPACT: 1985%86 Budget Funds for Maintenance of Generating Equipment
Account 0610-008-0251.8339
Res ctfu ly su
Rick Svehla
Acting City 1lanager
Prep d by:
Acme: Tom D. Shawn C.P.M.
Title: Assistant Purchasing Agent
Approved:
ame: Tom U. Shaw, C.P.M.
Title: Assistant Purchasing Agent
77-
~U42 L
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, state law requires that certain contracts requiring
an expenditure or payment by the City in an amount exceeding
$3 OOJ be by competitive bids, except in th;: ease of public
calamity whore it becomes necessary to Fact at once to
appropriate money to relieve the necessity of the citizens, or
to preserve the property of the city,, or it is necessary to
protect the public health of the citizens of the city, or in
case of unforeseen damage to public property, machinery or
equipment; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
hat the City Council approve all expenditures of more than
10,000; and
WHEREAS, Section 2.09 of the City Charter requires that
every act of the council providlinit for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance;
NOW1 THEREFORE, THY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
That the, City Council hereby determines that there is a
public calamity that makes it necessary to act rt once to
appropriate money to relieve the necessity of the citizens or
to preserve the property of the city, or to protect the pudic
health of the citizens of the city, or to provide for unforseen
damage to public property, machinery or equipment, and by reason
thereof, the following emergency purchases of materials,
equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approvedt
PURCHASE
ORDER NUMBER VENDOR AMOUNT
70665 te~tM+a:t Ei~~rfr fu,06,9 r00 PAGE ONE
SECTION 11,
That because of such emergenc the City Hanager or
designs ad employee is hereby authorised to purchase the
materiats equipment. supplies or services as described in the
attached ~urchase Orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in
accordance rich the provisions of state taw exempting such
purchases by the City from the requirements of competitive bids.
SECTION III.
That this ordinance ihell become effective immediately upon
it* passage and approval.
PASSED Alt[, APPROVED this the _ 3 day of p r@b&r W, 1985.
CITY OP DBNTON, T2w
Al -.ST:
V[IMW1t[ , MY 39CREMY
!ITY Ot ''j:NTON, TEXAS
APPROVED Aa TO LEGAL IORMt
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY Of DENTON, TEXAS
BY.,
A~
PURCHASE ORDER l ? DENTON TX 16A'
9tT1•Di TEXAS STREET 0t
P. 0. NUMBER DATE /VENDOR NO. DOCUMENT
70665 11/21/66 C06 c
SOU49601
VENDOR SNIP TO:
SUUTHWESTERN ELECTRIC ELECTRIC PRODUCTION
608 S• WASHINGTON CONFIRMATION ONLY
ARDMORE• OK 73401 00 NOT DUPLICATE
REVISED
***NOTE: THi$ PuRCHASM,ORDER SA1P_ER3E0Bs_p.na 7066!t SPUY 11•.14.85
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN'
01 0 008 0251 8339 E312 1 REPAIR 70C. HP £LEC MOTOR 11s049►0I
The City of Denton, Texas Is lax exempt • House 8111 No. 20. 111,069.04
Reference P.O. Number on all B/L, Shipments and Invoices.
Shipments are F. O.8. City of Denton, or as Indicated. B
Send Invoices TO: Direct Inquiries TO:
City of Denton, Accounts Payst,le John j. Marshall, C. P. M Purchasing Agent
215 E. McKinney St., Denton, TX 1%201 Tam D. Shaw, C. P. M. Asst. Purchasing Agent
for as Indicated on Purchase Ordk+1 817/566.8311 0411 Metro 267.0042
The City of Denton Is an equal op wwnlty employer
10 4-
DATE: 12/03/85
CITY COUNCIL REPORT FORMAT .r-~
TO: Mayor and Henbers of tLe City Council Z/ ~ .
FROM= Risk Svehla, Acting City Manager
SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING APPROXIMATELY
91.3 ACRES BEING PART OF THE ?1B AND CRR SURVEY, ABSTRACT 1410 AND
LOCATED NORTH OF FM 1173, SOUTH OF BARTHOLD ROAD, WEST OF IH-35 No
AND EAST OF MASCH BRANCH ROAD AND THE GC 6 SF RAILROAD (A-24)
RECOAMENDATION:
The Planning and toning Cummission recommends annexation.
SUMMARY;
Residents of the atea in question and staff are concerned about
development patterns and possible environmental impacts. Some
limited development is underway and existing land uses include auto
salvagt business and similar unattractive commercial ventures.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED;
The City of Denton Public Utilities Board, City Engineer, Planning
and Community Development Department and some area residents have
expressed concerns about existing and potential land use conditions
of this area.
Properties and land uses that are included in this annexation are
four (4) single family residences, Port-A-Stall, Poster's Wesl.ern
Wear & Saddle Shop, Dozier Cabinet Works$ W & W Auto Salvage, Border
Cowboy Truck Stop, Howdy Doody Grocery, Cunningham's Photography
Studio/residence/mini-warehouses, commercial building construction
and a farmer golf drivin., range. The Barthold property wa.1t removed
from ~:he annexation at Covncil direction.
FISCAL IMPACT:
Undetermined
ate pectf ly su mi
Prepared by: _ Rick SvehlaNhig A-yy% Acting City Manager
David EllicOn
Senior Planner
App ve
Jeff Me
Director of Planning
and Development
0817e
4t'.
,11576
NO.
All ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL
OF LAND CONSISTING OF APPROXIMATELY 9L.3 ACRES OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING
PART OF THE BBB 6 CRR SURVEY, ABSTRACT 141, DENTON COUNTY, TEXAS;
CLASSIFYING M SAME AS AGRICULTURAL 'W' DISTRICT PROPERTY; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the request f)r annexation was introduced at a
regular meeting of the City Council of the City of Denton.
Texas, on the petition of the City of De^ton, Texas; and
wH:REAS, an opportunity was afforded, at a public hearing
held for that purpose on the 3r! day of September, 1985 in the
Coun Al chambers for all interested parsons to state their views
and present evidence bearing 13pon the annexation provided by
this ordinance; and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on the 17th day of September, 1985 in `he
(our:11 Chambers for all interested per3ons to state their views
and present evidence bearing upon the annexation provided by
ttiis ordinance; and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Denton, Tegas,
prior to its effective date, and after the public hearings;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the hereinafter descr...•d "Act of land be, and the
same to hereby annexed to the City of Denton, Texas, and the
same is made hereby a part of said City and the land and the
present and future inhabitants thereof shall be entitled to all
the rights and privileges of r,ther citizens of said City and
shall be bound by the acts and ordinances of said City now in
effect or which may hereafter be enacted and the property
situated therein shall be subject to and shall bear its prorate
part of the taxes !-vied by the City. The tract c.. land hereby
annexed is described as follows, 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 BBB 6 CRR Survey, Abstract 141 and being more particularly
described as follows:
BEGINNING at a point in the present city limits as established
by Ordinance No. 69-40, Tract VI, said point lying 500 feat West
of and perpendicular to the center line of I-33 and Lo the
center line of FH 1173;
THENCE South 890 39' West, along the center line of said FM
1173, a distance of approximately 2,153.$ feet, more or lees, to
a point;
THENCE South 810 37' West, continuing along the center line of
said FM 1173, a distance of approximately 310.5 feet, more or
Less, to a point for a corner;
A•24/CITY OF DENT'ONIPAGE I
o
1• +
,gr yS' I r
Y a<
77 r7r I
THENCE Nort:, 00 42 East, passin at 45 feet the North
right-of-way line of FM 1173 and the Southveat corner of a tract
conveyed to Billie A. Foster by dead recorded in Volume 6361
Page 339 of the Dead records of Denton County, Texas, and
continuing along the Vest boundary line of said Foster tract, a
total ddistance of 426.35 e to the Northwest corner of said
Fostertracts same being the Southwest corner of a tract
conveyed to James E. Corbin by deed recorded in Volume 788, Page
429 of the Deed Records of Denton County, Texas;
THENCE North 00 25' 30" East, along the West boundary line of
said Corbin tract, a distance of 1,271.12 rest to the Northwest
corner of said Corbin tract, said point lying in the north
boundary line of said BBB 6 CRR Survey and in an East and West
public road;
said THENCE Co bin htra890 281 East along ct and said survey ines idtro du sea stance of
1,034.21 feet to the Northeast corner of said Corbin tract, same
being the Northwest corner of a tract conveyed to Willard E.
Simpson by deed recorded in Volume 1215, Pago 864 of the Deed
Records of Denton County, Texas;
THENCE North 890 15' 40" East, along the North boun®2ry line
of said Simpson tract and said survey in said road, passing
693.04 feet of the Northeast corner of said Simpson tract, same
being the Northwest corner of a tract conveyed to Wesley Clark
by deed recorded in Volume 894, Page 375 of the Deed Records of
Denton County, Texas, and continuing along the North boundary
line of said Clark tract and said survey in said road for a
total distance of 1,000 feet to the Northeast corner of said
to a UStank tract, by deed recordede Northwest corner of
Volume 1168. Pagea786aof tb-oeed
Records of Denton County, Texas;
THENCE South 890 19' East, along the North boundary 'ine of
said USBank tract and said survey in said road, a distance of
approximately 324.6 feet, more or lees, to a point in the said
present city limits, salt point ling 500 feet West of end
perpendicular to the center line of 3 ;
THENCE center line South of o1-35, 44' Eastp 500 feet West of and parallel to the
of approximately 1,083.25 feet, more or less, to a point;
THENCE South 20 57' East, continuing 500 feet West .)f a:id
parallel to the center Aline of I-35, along said present city
beginnigoanda coat i-xingl 91 feet, more or 3 acres of landlass,
tom they pl distance of a n
more or less.
SECTION 11.
The above described property is hereby classified as
Agricultural "A" District and shall so ,tppear on the official
toning map of the City of Denton, Tex a , which map is hereby
amended accordingly.
ION1I1.
SECT _
Should any section or part of this ordinance be held
unconstitutional, illegal or invalid, or the application thereof
ineffective or inapipllis slita invalidity orteineffectiveness
unconstituEionallty, 8 Y, A•24/CITY Of DENTCOPACE 2
f
of such section or part shall in no wise affect impair or
invalidate the remaining portion or portions thereon, but as to
such remainin& portion or portions, the same shall be and remain
in full force and affect; and should this ordinance for any
reaaon be ioaffective as to any part of the area hereby annexed
to the City of Denton, such ineffectiveness of this ordinance as
:o any such part or parts of any such area shall' not effect the
effectiveness of this ordinance as to all of the remainder of
such area, ■nd the City Council hereby declares it to be its
purpose to annex to the City of Denton every part 'of the area
described in Section I of this ordinance, regardlese of whether
any other part of such described area is hereby effectively
annexed to the City. Provided, further, that if there is
included within the general description of territory set out in
Section I of this Ordinance to be hereby annexed to the City of
Denton any lands or area which are presently part of and
included within the limits of the City of Denton, or which Are
presently part of and included within the limits of any other
Citye Town or Village, or which are not within the city of
Denton's jurisdiction to annex, the sane is hereby excluded and
excepted from the territory to be hereby annexed as fully as if
such excli:ded and excepted area were expressly described herein.
SECTION IV.
This ordinance shall be effective immediately upon its
passage.
'Y
Introduced before the City Council on the day of
0C . ~s le r , 1985.
PASSED AND APPROVED by the City Council on the _ day of
1985.
MCHARD 0. , MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALEEN, CIN SECRETARY
CITY Of DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAML DRAYOVITCHp CITY ATTORNEY
CITY OF DENTON, TEXAS
by I
A-24/CITY OF DEMN/PAGE 3
_ .r ,r b ' !eP w 'ri ;y', i~ W . Xy ~.o r
PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON; TEXAS
WHEREAS, Article 970& 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 Article 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 equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic 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, 'texas.
E. Refuso 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 'lan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation.
(3) Reconstruction and resurfacing of streets, installa-
tion of storm 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, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation.
If. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
I. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city.
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The name 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
giectric power.
Service Plan
Annexed Areas
Page three
i
L, 1iscellaneous
(1) Street name signs wher•: needed will be installed
within approximately 6 n;onths 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 overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
INTN
0~
iA l lam
®Ic cund
ac i
• • •he.pt r Rd.' 8anzar~•
.
Chin
• I
I
• ar . M i .
o \ V
looks- do scti is Branch Rd •arthold Rd. * •
ae
a '
G4 FA °
y' • m
3.6
~OOint
4 ,►vrtl r M ~ o ,
v
Oak
4 D
0
Ra.
o • E
C
AP • * niv8r +t
lp~
A-24
AMMIAT10N SCREDULS
v'Augaat i'l, 1985 Submit City Council agenda item
W'August 13, 1985 Submit City Council agenda back-up
August 20, 1985 City Council sets date, time and place
for public hearing
August 21, 1985 Notice to Denton Record Chronicle
{-'August 23, 1985 Publish notice and mailout
August 26, 1985 Submit city council agenda item
E/ August 27, 1965 Submit City Council agenda back-up
"''"September 3, 1985 City council holds first public hearing
&--September 4, 1985 Notice to Denton Record Chronicle
✓ September 6, 1985 Publish notice and mailout
~Saptember 9, 1985 Submit City Council ay:nda item
✓September 10, 1985 Submit city council agenda back--up
September 11, 1985 Planning and Zoning Commission makes
recommendation
v" September 17, 1985 City Council holds second public hearing
v September 23, 1985 Submit City council agenda item
September 24, 1985 Submit City Council. agenda back-up
Yi * October 1, 1985 City Council adopts ordinance and
service plan instituting annexation
proceedings
•j Octobe 4, 1985 Ordinance *_o Denton Record Chronicle
Octobe 6, 1985 Oc4- v25 Publish ordinance
November Ile 1985IV4V. 29Submit City Council agenda item
November 12, 1985(46V ab Submit City Council agenda beck-up
* November 19, 1985 perm, 3 Adoption, of final annexation ordinance
and service plan by City Council
* Denotes action by the City Council
0964g
+ 1 .e k 9i;. Y •b f n t f
P ~ l: Mi,qu es
Septembet ill 14115
Page 4
fir, Claiborne asked If surroundin properties were curbed
and guttered. Mr. Ellison stated hat they veto not.
Ms. Brock asked about the status of this street in relation
to the street improvement bond. Mr. Ellison stated that
the street was not in very good condition but that it
doesn't serve ouch traffic.
DECISION: Mr. clsiborno move(, co defer improvements;
seconded by Mr. Escue. Vote carried (4-2).
Claiborne, Pearson, Cole, Escue (Aye)
Brock, Juren (Nay)
B. A-23. Petition of Fields, Edwards i Associates, Inc.,
repfesenting Miller of Texas, for annexation of approxi -
matelY 304.94 acres located north and south of FM 426
east and west of Trinity Road, and south of Highway HOE.
STAFF REPORT: Mr. Ellison said that this was a voluntary
TWfb'TrrTSII'Rhich involved no population and was being
done solely so that person can become part of the City
of Denton.
DECISION:
econdea by Mr. EClaibornedanto recommend d unanimously approval o(6.0).
C. r-24. Petition of City of Denton for annexation of
TWoximately 160 acres being part of the S.B.S. and
C.R.R. Survey Abstract 1411 and located north of FM 1173,
south of SartiId Road, west of I-3S north, and cast of
Masch Branch Road and the GC 4 SF Railroad,
STAFF REPORT: Mr. Ellison stated that this area warrants
City control and needs urbanization. He said that in this
area is an auto salvage shop that has changed the land use.
He added that the Border Cowboy Truck Stop had some prob-
lems with its sewer system and it was suggested by ttse
Public Utilities Board that they should be annexed. He
stated that at the last City Council meeting the biggest
issue -.-as five existing residences that were not creating
any ,and use problems. The City Council believed they
J,hoold be annexed also. He said that City Council can
eiim.nate any part of this arnexation.
DECISION: Hr. Pet-son moved to recommend approval of
r. ; seconded by 'As. Brock and unanimously carried (6-0).
D. A-27. Petition of Aikman Developme4t. Corporation and
CTT7 of Denton for annexation of approximately 117.5 acres
being part of the B. Merchant Survey, Abstract 800, the
C. Chacon Survey, Abstract 298, and the S. Venter Survey,
Abstract 1315, and beginning at the southwest Corner of
F;4 2181 and Hickory Craek Road and north of Old Alton
Estates.
0
STAFF REPORT: Mr. Ellison said that approximately 63
acres of Vinton Manor Estates, which is a subdivision,
is voluntsr;,. The remaining property is involuntary and
needs to be annexed to create a uniform city limit ii.e.
IN FAVOR: Stephanie Compton, owner of 80 acres east of
this"paF el, stated that she is in favor of the anne «tion.
Richard Cos ton stated that he and others of surrounding
areas were in favor of the annexation.
DECISION: Mr, Escue moved to recommend spprovsi of A-27;
sec- cnde`d by Ms. Cole and unanimously carrlled (6-0).
F fi ..r lr yon- a .~DA76~ I2/03/85
CITY COUNCIL REPORT FORMAT
TOt Mryor and Members of the City Council
FROMt Rick Svehla, Acting City Manager
SUBJECTt ADOPTION OF AN ORDINANCE $L?TING A DATE, TIME AND PLACE FOR
PUBLIC HEARINGS CONCERNING THE REQUFAT OF MILLER OF TEXAS FOR
VOLUNTARY ANNEXATION OF 801.705 ACRES SITUATED IN THE M.E.P. &
P.R.R. SURVEY, ABSTRACT 1470; THE E.F. ANDERSON SURVEY, ABSTRACT
16; THE F.A. ORR SURVEY, ABSTRACT 9831 THE G.W. ANDERSON SURVEY,
ABSTRACT 12; Ttr• M.E.P. a P.R.R. SURVEY, ABSTRACT 1502; AND THE
T & P SU`IYEY, ABSTRACT 13020 DENTON COUNTY, TEXAS; T.EING PART OF
A TRACT KNOWN AS TP.E GOLDEN HOOF RANCH AND BEGINNING SOUTH OF
U.S. HIGHWAY 380. EAST OF F.M. 156, AND WEST OF EGAN ROAD (A-32)
RECOMMENDATION:
A Planning and Zoning Commission recommendation will be forwarded
at a later date.
BACKGROUrDt
This is a voluntary annexation renuest by Miller of Texas, Inc.
The purpose of the annexation is to seek coning. The site is
located approximately 11,000 feet or roughly 2 miles northwest of
the existing runway of the Denton Municipal Airport. The site is
on the fringe of the general area controlled by the Airport
Zonird Act, but outside of the area controlled by the Municipal
Airport Zoning Regulations.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
There are no existing structures, residences or population
included in this area according to information supplied by the
petitioner.
FISCAL IMPACT:
Undetermined
spoc liy bmi d:
Acting City Manager
Prepared byt
Awa ~
David llison k{/_
Senior Planner
App va
Jeff Meybff
Director of Planning
and Development
10499
~ w f n tiYr ,y. ~ s t u-t i
F. t '^nydM1 it GYM 'F y1. j ,r'~i {s'~':. h'^ M`~ .1t 1p •,~!!r fa .
1224L
NO.
AN ORDINANCE SETTING A DATA? 1IHE AND PLACE FOR PUBLIC HEARINGS
ON THE PROPOSED ANNE.YATIOd U F CERTAIN PROPERTY AS DESCRIBED
HEREIN BY THE CITY U£ DENTON, TEAS, AND I.UTHORIZING AND
DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS.
THE CITY COUNCIL OF rHE CITY OF DEMON HERF.8Y ORDAINS:
SECTION I..
On the day of 1985, at 7100 o'clock P.
M. in the C tf'y Touncll Chambers of tFsa Municipal Building of the
City of Doaton, Texra, the City Council will hold a public
hearing giving all :nterested persons the right to oppose and be
heard on t'aa 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-CTty Council TEE ergs of he Municipal Building of
the City of Renton, 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 describe9 property, to-wit:
All that certain tract or parcel of land situated in the E.A.
Orr Survey Abstract Number 983; the T&P Railroad Survey,
Abstract Number 13021 the MEd & PRA Co. Survey, abstract Number
1470; The MEP & PRR Co. Survey, Abstract No. 1502; the E.F.
Anderson Survey, Abstract No. 16; and the G.H. Anderson Survey,
Abstract Number 12, and being more particularly described as
follove:
BEGINNING at a point in the present city 1lmttr as established
by Ordinance No. 74.360 Tract V, satd point lying at the
intersection of the West bound ary tine nf said Tract Y with the
South right- f-way line of State Highway U.S. 381j,
THENCE South 6° 54' 44" Last, along said present city limits, a
distance of 450 feet to a poi::t for a corner;
THENCE South 33° 05' 16" Ease Along said present city limits, a
distance of ;,284 feet to the beginning of a curve to the left
with a radius of 11,95?.16 foot, a central angle of 2° 39' 04"
and a chord of South 84" 26' 41" East, 553.31 feet;
THENC4 Easterly along said curve and city limits, an arc
distance of 553.36 feet to a point for a corner;
THENCE South 00° 10' 27" West along and near a fence a distance
of 1,886.11 feet .i a steel pin at a fence corner;
THENCE South 89° 59' 47" East with a fence a distance of 1,174.8
feet to a steel pin in Egan Road;
THENCE South 09° 03' 21" East with said Egan Road a distance of
1 400.0 feet to a stool pin at the intersection of Egan Road
with Jim Chrtstal Road, also being on the youth line of said
E.A. Orr Suray;
A-32/MILLER Or TLW !FACE ONE
( N, ti Y ~ t Il ('4 + 'N. 1 ~"~^14 A l i rtF ,1 1
THENCB North 89° 55' 00" West wish said Jim Christal Road and
with the South line of said E.A. Orr and T6P Railroad Surveys a
distance of 3,941.44 feet to a steel pin for corner;
THENCE North 00° 05' 00" East a distance of 1,550.ri feet to a
steel pin for corner;
THENCE North 89° 55' 00" Went a distence of 1,405.16 feet to a
steel pin for corner;
THENCE South 0010 05' 00" West a distance of 1,550.0 feet to a
steel pin on the South lint said TiP Railroad Survey and in
Jim Chrietal Road;
THENCE North 89° 55' 00" West with said Jim Chrietal Road and
with the South line of said UP Railroad Survey and South lire
of said MEP 6 PRR Co. Sur:,y, Abstract Number 1470 part of the
way a distance of 3,184.5 feet to a steel pin in the intersection
of Jim Chrietal Road and Nail Road;
THENCE North 81" 37' 14" West with said Jim Christal Road a
distance of 901.0 feet to a steel pin for corner;
THENCE North 78° 12' 00" West with said Jim Christal Road a
distance of 1,144.02 feet to a steel pin on a West line of said
MEP 6 PRR Co. FirveyI Abstract Number 1502 also being the UAL
line of P.A. Collins Survey, Abstract No. 356;
THENCE North 00° 02' 13" East with said survey line and with a
fence a distance of 353.5 feet to a fence corner at the North-
east corner of said Collins Survey;
THENCE North 88° 37' 59" Wust with a Soutti line of said AEP 6
PAR Co. Survey, Abstract number 1502 and the South line of sail
Anderson Survey end with a fence a distance of 1,510.16 feet to
a fence cor.ier post on the southeast right-of-way )f A.T. 6 S.F.
Railroad, and bnitg 75.0 feet from the center of said railroad;
THENCE North 28° 52' 21" Etat w4th said railroad right-of-way a
distance of 1,073.73 feet to a steel pin for corner;
THENCE North 61° 07' 39" West with said railroad right-of-way a
distance of 25.0 feet to a steel pin, which is 50.0 feet from
the center of said railroad;
THENCE North 28° 52' 21" East with said railroad right-of-way a
distance of 840.0 feet to a steel pin for corner;
THENCE North 89° 32' 20" East along and c,ear a fence a distance
of 2682.85 feet to a steel pie in Nei! Road, also being on the
East tine of said Anderson Survey, and a West line of said MEP 6
PRR Co. Survey, Abstract No. 1470;
THENCE North 00° 11' 16" West with slid Nail Road and with the
East line of said Anderson Survey whlLh to a Wrst line of said
MEP 6 PPR Co. Serveq distance of 400.01 feet to a steel pie, at a
bond in said road and being the Northeast corner of said
And•rson Survey;
T UNCE North 89° 48' 44" East with satd Nail Road and with a
North line of said MEP 6 PRR Co. Survey a distance of 191.2 feet
to a steel pin in a bend of said Nail Road also being the South-
east corner of U. Allen Survey, Abstract No. 14 also bain8 an
litoor corner of said MEP 6 PRR Co. Survey, Abstract Number 1470;
A-32MILLER OF ThMI/t ACE TWO
* n r b 5„ . A fie a 4 5 f r i
THENCE North 00° It' 16" Vest with a Vest line of said MEP & PRA
Co. Survey and with Nail (toad a distance of 1,675.2 feet to
point for a corner;
THENCE South 83° 05' 16" East along the South right-of-way line
of said U.S. 380 a distance of 3,153.47 feet to the place of
beginning and containing 765.1 acres of land more or lees.
SECTION T.I.
The Mayor of the City of Denton, Texas, is hereby authorized
and directed to cause notice of such public hearings to be
published once in a newspaper having general circulation In tt,e
City and in the above described territory not more than twenty
days nor lose than ten days prior to the date of such public
hearings, all in accordance with the Municipal Annexation Act
(Article 970x, Vernon'u Texas Civil Statutes).
SECTION III.
This ordinance :hill be in full force and effect immediately
following its passage and approval.
PASSED AND APPROVED this the day of 1985.
RICFTAI~L)`0. S EQ7~'MA7
CITY OF DENTON, TUAS
ATTEST:
CHARLOTTE XELEN-jCITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY.
A-32/MILLER OF TEXAS/PAGE THREE
hal r ' ,:.,a,~.
1270L
NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
The City of N nton, Taxes, proposes to institute annexation
proceedin,ic to alter the boundary limits of said City to add the
followingg described territory to the corporate limits of the
City of Drnton, to-wit:
All that certain tract or parcel of land situated in the E.A.
Orr Survey Abstract Number 983; the Up Railroad Survey,
Abstract Number 1302; the MEP 6 PRR Co. Survey, abstract Number
1470; The MEP 6 PRR Co. Survey, Abstract No. 1502; the L.F.
Anderson Survey, Abstract No. 16; and the G.V. Anderson Survey,
Abstract Number 12, and being more particularly described as
follows: ,
BEGINNING at a p0.nt in the present city limits as established
by Ordinance No. 74-36, Tract V, said point lyf'•r at the
intersaction of the Vest boundary line of said 'tract with the
South right-of-way line of State Highway U.S. 360;
THENCE South 60 54' 44" Vest, along said present !ty limits, a
distance of 450 feet to a point for a corner;
THENCE South 830 05' 16" East, Along said present city limits, At
distance of 3,284 feet to the beginning of a curve to the left
with a radius of 11,952.16 feet, a central }ngle of 20 39' 04"
and a chord of South 84 26' 41" Es.t, 553.;: #*at;
THENCE Easterly along said curve and city limits, an arc
distance of 553.36 feet to a point for a corner;
THENCE South 000 10' 27" Vest along and near a fence a distance
of 1,886.11 feet to a steel pin at a fence corner;
THENCE South 890 59' 47" East with a fence a distance of 1,174.8
feet to a steel pin in Egan Road;
THENCE South 090 03' 21" East with said Egan Road a distance of
1 400.0 feet to a steel pin at the intersection of Egan Road
with Jim Christal Road, also being on the South line of said
E.A. Orr Survey;
THENCE North 890 55' 00" Vest with said Jim Christal Road &:d
with the South line of said E.A. Orr and To.? Railroad Surveys a
distance of 30941.44 feat to a steel pin V c cornet;
THENCE North 000 05' 00" East a distance el 1,550.0 feet to a
steel pin for corner;
THENCE North 890 55' 00" Vest a distance of 1,405.16 feet to a
steel pir, for corner;
THENCE South 0010 05' 00" Vest a distance of 1,550.0 feet to a
steel pin on the 'outh line of said T6P Railroad Survey and in
Jim Christal hood,
THENCE Norris 890 55' 00" Vest with said Jib Chr.istsl Rom"_ and
with th• `.,-uth line of said T6P Railroad Survey and South line
of sea'. MEP L MR Co. Survey, Abstract Number 1470 part f the
A-32MILLER Of TEXASOAOE ONZ
3
way a distance of 3,184.5 feet to a steel pin in the intersection
of Jim Christal Road and Nail Road•
THENCE North 81° 37' 14" Went with said Jim Christal Road a
distance of 901.0 feet to a steel pin for corner;
THENCk North 78° 12' 00" West with said Jim Christal Road a
disterca of 1,144.02 feet to a steel pin on a West line of said
MEP & PRR Co. Survey Abstract Number 1502 also being the East
line of P.A. Collins Slurvey, Abstract No. 356;
THENCE North 00° 02' 13" East with said survey line and with a
fence a distance of 353.5 feet to a fence corner at the
Northeast corner of said Collins Survey;
THENCE North 884 51' 59" West with a 'south line of said MEP &
PAR Co. Survey, Abstract number 1502 tad the South line of said
Anderson Survey and with ,q fence a ;?_jtance of 1,510.16 feet to
a fl!nce corner poet on the southeast right-of-way of A.T. 4 S.F.
Rrilroad, and being 75.0 feet from the center of said railroad;
THENCE North 28° 51' 11" East with said railroad right-of-way a
distance of 1,073.13 feet to a steel pin for corner;
THENCE North 61° 07' 39" West Wt', said railroad right-of-way a
distance of 25.0 feet to a steel pin, which is 50.0 feet from
the center of said railroad;
THENCE North 28° 52' 21" East with said railroad right-of-way a
distance of 840.0 feet to a s!4el pin for corner;
THENCE North 89° 32' 20" List along and near a fenco a distance
of 2682.85 feet to a steel pin in Nail Road, also being on the
East line of said Anderson ~t.rve , and a West line of said MEP &
PRR Co. Survey, Abstract No. 1470;
THENCE North 000 11' 16" West with said Nail Road and with the
East line of said Anderson Survey which is a West line of said
MEP & PRR Co. Survey distance of 400.01 feet to a steel pin at a
bend in said road and being the Northeast corner of said
Anderson Survey,
THENCE North 89a 48' 44" East with said Nail Road and with a
North line of said HEP 6 PRR Co. Survey a distance "f 197.2 feet
to a steel pin in a bend of said Nail Road scao being the
Southeast corner of U. Allen Survey, Abstract No. 14 also being
an inner corner of said MEP & PRR Co. Survey, Abstract Number
1470;
THENCE North 000 Ill 16" West with a West line of said MEP & PRA
Co. Survey and with Nail Road a distance of 1,675.2 feet to
point for a corner;
THENCE South 83° 05' 16" East along the South right-oE-way line
of said U.S. 380 a distance of 3,153.47 feet to the place of
beginning sad containing 765.1 acres of land more or leas.
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 C -yZ'ouncii C am erg 5'rs`ofthe
Municipal Building of the City of Denton, Texas, for all parsons
interested in Lhe above proposed annexation. At said ties and
place all such persons shall have the right to appear and be
A-32/MILLER OP TEXAS/PACE TWO
heard. Of all said matters end 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, ok: the day of ,
1985, at 7:00 o'clock P. M. in the C ti `yCouncil C.,am, ers of the
Municipal building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
Else* all such persons shall have the right to appear and ba
heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice.
MRARD 0. ,
CITY OF DENTON, TEXAS
ATTCST:
CMLOTTF ALLEN, CITY ECREIAiY
A-31/MILLER OF TEXAS/?ArF TSREt
O
ac KR USA
pOP 454
fZ)
40 LP
+ A t ~
r
low. f 1 Lr1 V
Q
FAP
w ' f:• • , • ...!s. «...I yam.
4
' . • .'.'.T T'. i•:• • M
rr • +
15 6
S~ r. t0 C
s~
Tom •Col • to
a
ee Rd.
A m v k Rd.
o
71
A-32
ANNEXATION SCHEDULE
November 26, 1985 Submit City Council agenda item
Novemoer 27, 1965 Submit City Council agendi bacx-up
December 3, 1985 city council sets data, time and place
for pub'.ic nearing
uecemoer 4, 1985 NOU Ca to Denton Record Cnronicie
December 61 1985 Publish notice and mailout
December 91 1985 Submit City Council agenda item
December LU, 19d5 Submit City Council agenda back-up
* December 17, 1985 City Council holds first public hearing
December 20, 1965 Notice to Denton Record Cnronicle
December 27, 1985 Publish notice and ;nailout
December 3o, 1985 bawnit City Cowicil agenda item
December 31, 1985 Submit City Counc i agenda pack-up
* January 7, 1966 City C'ounci- nolds second public nearing
January 13, 1986 Suumit City Council agenda item
January 14, 1986 Submit City Council agenda bacA-up
* January 11, 1986 City Council adopts ordinance and
service plan instituting annexation
proceedings
January 24, 1986 Urdisiance to Denton Record Chronicle
January 26, 1946 PUblisn ordinance
February 151 1986 Submit ClLy Council agenda item
February 26, 1986 Suumit City Council agenda hack-up
* Marcn !986 Adoption of final annexation ordinance
and service plan oy City Council
Denotes action by the City Council
U964g
_
r .7177
Ise ,
December 3, 1085
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
SUBJECT
Consider Proposed Oversize Agreement with Erwin Addition,
Tom Fouts, Owner, and/or His Assigns for a Now Water Line.
RECOlMMENDATION
The Public Utilities Board, at their meeting of November
20, 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.
SUMMARY
In ordcr to serve the area of Lillian B. Miller and Teasley
Lane with water for present and future needs, a new 27"
water line along Lillian B. Miller to Teasley will be
required. Each developer along Lillian B. Miller will be
required to extend this line along his property frontage.
BACKGROUND
A 27" water line will provide approximately 8,952 gallons
per minute for fire protection and interior water
requirements for developments in this area. This oversize
requirement is in accordance with our Master Water Plan.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Denton Municipal Utilities, present/future developers.
FISCAL IMPACT
Costs are estimated as follows:
Total costs of 27" water line to
serve area of development ■ $25087S.00
(4SO L.F. x$i~7. SO/L. F. )
Cost of 12" water line to serve
Erwin Addition - 11 250.00
(4SO L.F. x $25.00/L. F. )
Cost of this project to City
of Denton a $141625.00
(difference betwoen a 27"
water lihe and :h,' 12" water
line)
404lU:7
3 'f
Re c ully ubmitted,
RTcTc' v3 e"fiI`s
Acting City Manager
Prepared by:
Ray Rumfield
Civil Engineer
Approved by:
Nelson
Director of Utilities
Exhibit I Location Map
II Proposed Uvers►co Agreement
III Ordinance
IV Minutes PUB Meeting of 11/20/85
4041U:8
,1 , qy 4(}Y { 1 1'
NO.
AN ORDI,S14NCE APPROVING ;ONTRACT FOR THE CRY'S PARTICIPATION IN
THE OF INSTALLING OVERSIZE WATERLINE FACILITIES; AITHORIZING
THE 11AYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENIITURE OF
FUNDS T11EREFORE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHLKEAS, toe Gicy of Denton wishes tc enter into an agree-
ment to participate iii th) cost of providing oversized waterline
facilities; a_id
WHEREAS, Section 2.36 (f) of the Code of Ordinere~s requires
that the City Council approve all expenditures .1 more than
$10,000; and
WHEREAS, Section 2.09 of the City Charter require- every act
of th- Council providing for the expenditure of funds or fc,r the
contracting of indebtedness shall be by ordinance: NOW, THEKEFORE,
TF =NC OF THE CITY OF DENTON, TEXAS H'REBY ORDAINS:
ziECTION 1.
That tin City Cou cil hereby approv:; the Waterline Oversize
Participatt : Agreement, attached hereto, ,etween the City and Tom
Fouts to provide for the cts 's participation In tht cost of
providing oversized waterline facilities in accordance with said
agreement and the Ma or is hereby authorised to execute the
agreement on behalf of the City
SECTION Ii•
That the City Council authorizes the expenditure of funds in
the manner and amount as specified in the direement.
SECTION III.
That this ordinance shall become eft~ctive immediately upon
its pasSnge and approval.
PASSED AND APPROVED this day of 1985•
CITY OF DESTON, TEXAS
ATTEST:
C!IARLOTTE AMNj CITY SECRETARY
CLTY OF DFNTON, TEXAS
APPKOVEV AS TO LEGAL FORM:
DEB" ADAMI DttAYOV1TCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
THE STATE OF T;XAS §
VATERLM PARTICIPATION AGREEMENT r` THE
CITY O COUNTY OF DENTON 6ET1i£'AND T M FOUTS OENTON
WHEREAS, Tom Fouts, hereafter referred to as "Developer",
whether one or more, wishes to develop and improve certain real
property located in the City of Denton, Texas or its
extraterritorial jurisdiction and is required to provide such
property with adoquate water service by designing, constructing
and instilling a water main; and
WHEREAS, the City of Denton, Texas, hereafter referred to as
"City", in accordance with its ordinances, wishes to participate
in the cost of the constructicn and inetallRtion of said water
nnin to provide for an "oversized" water fain to expand its water
works system and insure cdequate water service to other customers;
UOW0 THERdFORE, in consideration of the mutual promises And
covenants contained herein, Developer and City agree as follows:
1. Developer shall design, install and construct a
twenty-seven inch (27") wateP line and all necessary appurtenances
thereto, hareafter referred to as "facilities", extending a total
distance of approximately 450 feet, loco-rd as shown on Exhibit
"A" attached hereto and incorporated herei, by reference.
2. Prior to beginning construction of the facilities,
Developer shall enter into a Development Contract, as required by
A.)pendix A of the Codo of Ordinances of City. This agreement
shell be subject to and governed by such Development Contract,
which is incorporated herein by reference, nn6 any other
applicable ordinances of City.
3. Prior to beginning construction of the facilities,
Developer shall obtain, at his sole cost and expense, all
necessary permits, licenses and easements. If easements are
needed, the deeds therefore obtained by Developer :;call be
reviewed and approved as to form and substance by City prior to
the beginning of construction. If Developer is unable to acquire
;a
T~' f •v.{. v ' ii h , r e } W .'4 .'I leii gyn. .
needed easements, he shell provide City with any requested
documentation of efforts to obtain such essement s including
evidence of negotiations and reasonable offers made to the
affected property owners. Any esaaaents for the facilitiei
obtained by the Developer shall be assigned to City, if not taken
in City's nest, prior to acceptance of the facilities, and
Developer warrants ^lear title to such easements and will defend
City against any adverse clots made against such title.
4. The City's share in the cost of the facilities, based upon
the difference in the cost of instal[ing a 12-inch water line, as
determined by City by public bids on the same or similar projects
on a per linear foot basis, and the cost of the facilities, as
determined by the City, based upon the amount of a bid from the
lowest responsible bie.der, shall be in an amount not to exceed
Fourteen Thousand Six Hundred Twenty-five Dollars and No/100ths
($14,625.00), and City shall nut, in any case, be responsible for
any additional cost because of delays in beginning, continuing or
completing construction; changes in the price or cost of
matertals, supplies, labor or other cost of the facilities;
unforeseen or unent'.cipated costs because of topography, soil,
subsurface, or other ~fte conditions; differences in tho
calculated and actual pet iluea,! feet of Vie line needed for the
facilities; Developer's decision as to the contractors or
subcontractors used to perform the work; or any other reason or
cause, specified or unspecified, relating to the facilities.
3. Within thirty (30) days of the acceptance of the facilities
by the City, Developer shall submit Lo tze City's Director of
Utilities the actual cost of the facilitiea. Should the actual
coat of tht facilities be less than the bidded cost submitted to
City by the lowest responsible bidder on which the City'r share
was determined, the City's share of the cost of the facilities
shall be reduced proportionally, on a per linear foot bests, based
PACE 2/WATEKLINE PAi,TICIPATt0N/T0H POUTS
y lr t. ~ 1 . r i' t, . 'Fit , }q i -0~l" 1 C'F [ w ' j," 1 , ~ • y !y ~ ' r,: i
t ~ 11 p'." i `5 M1 ~ ~Kdr~ z y ~ ~Y '.P f _k ~ e'' i ie
upon the difference of the actusi cost of the facilities and the
determined cost for a 12-inch line. To determine the actual cost
of that Project, City shall have tho right to inspect" a,:y 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, recei,.te or
other records to vo%ify the actual cost of the facilities.
6. Within thirty (30) days of the date the Developer has
submitted satisfactory documentation of the actual coat of the
facilities, as determined by City, City shall pay to Developer its
share of the cost thereof.
7. Developer shall indemnify and hold City harmless from any
and all claims, damagea, loss or liability of any kind whatsoever,
by reason of injury to property or persons occasioned by any ac';
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 cost and expenso, defend and protect City against any and
all such claims and demands.
8. if Developer does not begin, and thereafter does not
continue, substantial construction of the Oversized Facilities
within twel.e (12) months of the effective date of this agreement,
this agreement shall terminate.
9. This instrument embodies the whole agreement of the parties
hereto and there are no promises, terms, conditions or obligations
other than those contained herein. This contract shall supercede
all previous communications, representations or agreements, either
verbal or written, between the parties hereto.
10. This agreement shall not be aisigied by Developer without
the express written consent of City.
PACE 3/WATERLINE PARUCIPATION/T04 FOUTS
y, I
x,53!
r' 777
r
1.1. Any and all suits for any breach of this ca.i tract, or any
other suit pertaining to or arising out of this contract, shall be
brought and maintained in a court of competent Jurisdiction in
Denton County, Texas.
Executed thia the day of , 1985
DEVELOPER
TOM FOUT3
ATTESTt
SECRETARY
CITY OF W4TON, TEY.AS
QT+;mf(1i it 5"I'E~ K0TP"RM1(
WY OF Dt-TON, TEXAS
ATTEST,
MMLOTTE MEN, dITfYSECR(ETM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
by: PACE WATERLINE PARTICIPATION/TON FOUTS
I
77
~1 r r, 1 R~ 't I
r45r t; VE
r
F CON WAY ST.
SAO LOTS ro, 7 8
spa _ ERWI N ADD,
A~ \
y ~
77777,
i
EXCERPT kR%i
PUBLIC UTILITIES BOARD MINUTES
NOVOIBER 20, 1985
.....r•w.......r........r ............................r..r.
9. CONSIDER PROPOSED OVERSIZE AGREEMENT WITH ARWIN
W
Ham discussed this item and explained that in order to
serve the area of Lillian B. Miller and Teasley Lane
wita water for present and future needs, a new 27"
water line along Lillian B. Miller to Teasley will be
required. Each developer along Lillian B. Miller will
be required to extend this line along his property
frontage. Total cost to City, $14,625.00.
Chairman Laney emphasized that this is the second stage
of this master plan project, and that all will be
developed eventually.
Coomes asked how long this land has boon owned by
Fouts, and does he intend to develop it? Ham stated
that Fouts had been in possession of this land for some
time, and he did appear to intend to develop it himself.
Frady made a motion to accept the proposed oversize
agreement. Second by Thompson. All ayes, no nays,
motion carried unanimously,
r r r
V gt i•, ~ I~ ,u f f z, •rr 4"i °1~, fi,~, •'f ~tp r ~aq y:n _.4 ~r air
f
I ~
NO.
AN ORDINANCE P%OHIBITING THE PARKING OF VEHICLES ON THE SOUTH
SIDE Of WEST OAK STREET FROM ITS INTERSECTION WITH WILLIAMS
STREET TO M INTERSECTION WITH CARROLL BOULEVAI0, PROVIDING A
SEVERABILF,;Y CLAUSE; PROVIDING A PENALTY NOT Ta EXCEED TWO
HUNDRED DOLLARS= AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL Of THE CITY OF DENTON HEREBY ORDAINS:
SEION I.
When signs are erected giving notice thereof, no person
shall park a 44bicle at any tine upon the following street in
the City of Denton to-wit:
The south side of West Oak Street a its intersection
with Williams Street to its ince:4 ation with Carroll
goulevard.
SECTION II•
The provisions of Section i prohibiting the parking of
vehicles shall apply at all times to that portion or part of
West Oak Street designated therein except whon it is necessary
to stop a vehicle to avoid conflict with othe-, traffic or in
compliance with the direction of a police officer or official
traffic control device.
SECTION Ili.
Any person adjudged guilty of parking a vehicle in violation
of this ordinance shall be guilty of a misdemeanor and punished
by a fine not to exceed Two Hundred Dollars (=200.00).
SECTION M
That if any section, subsection, paregrsph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or etreusitance is held invalid by any court of
competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the
City Council of the City of 6antoo, Texas, hereby declares it
would hi -o enacted such remaining portions despite any such
invalidity,
i a Yep°Am'
T 7. T 77,
a i n, hy Le y. y.. r pe"p_
SECTION V.
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
newspaper of the City of Denton, Texas, within tea (10) days of
the data of its passage.
PASSED AND APPROM this the day of
1485.
CITY OF DENTONO TE~fA3
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS DEBRA ADAMI DRAYOVITCH,RCITY ATTORNEY
CITY OF DENTUN, TEXAS
BY:
PACE 1
y'
1 3 ^ny a Safi : t r
kro n 5., r
page 4 'oE S pages
k;
ITEM 05 HANDICAPPED PIKING'SPACE AT 718 ROBERTS STREET
` Jerry Clark presented a rlewgraph r to the
commissioners showing the location. He said the lady
making the request is a quadriplegic and drives a
specially equiped van. The sidewalk at this s ace
allows her to exit the van and shut the door without
any assistance. There is no other area at 718
Roberts that allows her this convienc6.
The neighbors and their guest at 720 Roberts have
been parking in this space preventing her from
exiting her van. She has apparently tried to talk
with them but they continue to use this space.
Jimmy grown came forward to speak in favor of the
request. He said they had been renting the house
from him for approximately two years. If the request
were, granted and the tenants moved out, the
handicapped space would remain only if another
handicapped person occupied the house.
STAFF RECOMMENDS: Approval
COMMISSIONERS: Vivian Gallian made a motion to approve
the handicapped parking space at 718
Roberts. Bruce Chamberlain seconded the
motion. It passed unanimously.
ITEM 16 NO PARKING ON OAK STREET - SOUTH CURB FROM CARROLL TO
WILLIAM3 STREET
Jerry Clark presented a viewgraph of the area. He
said as cars travel west on Oak towards Carroll, two
lanes are spread to three. The requirements for each
lane are not consistent with the physical ability to
get safely into that lane and complete the action,
If the left lane could go straight or left, the
center lane straight and the right lane for right
turns only, people will not be switching lanes at the
last minute. To enable these motions to occur, the
parking currently on Oak has to be removed to provide
proper room for the left lane to go straight across
Carroll to the west.
STAFF RECOMMENDS: Approval
COMMISSIONERS: Vivian Edwards made a motion to designate
parking on Oak Street from Carroll t,3
111ams Street, Virginia Gallir,n
seconded the motion. It pas,r,ed
unanimously.
~ ~~~'.~A ' 1 P~ ~ ~ .fir I n '.Y _s 'i•'~..^~
" . 1273E
///"'777
NO.
AN ORDINANCE REGULATING ?AMINO ALONG THE DRIVEWAY AT THE END OF
AUSTIN STREET AND IN THE PARKING LOT Of THE MUNICIPAL BUILDING
PARKING LOT WEST OF THE MUNICIPAL BUILDINO AT 213 EAST MCKINNEY-
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALLY NOT Ta
EXCEED TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF, AND DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
When signs are erected giving notice thereof, no person
shall park a vehicle upon the following areas in excess of two
hours in the City of Denton:
(1) The entire south side of t►ist driveway beginning
from the terminus of Austin Street ■nd extending
east to the municipal building parking lot located
immediately west of the municipal building at 215
East McKinney Street.
(2) Along the entire west curb of the municipal
building parking lot located immediately west of
the municipal building at 215 East McKinney Street.
SECTION 11.
When signs are erected giving notice thereof, co person
shall park a vehicle which is not a desigr,sted city vehicle in
the following area:
The east curb side of the municipal parking lot located
immediately west of the municipal building at 213 East
McKinney Street.
When signs are erected giving notice thereof, any vehicle
which is not authorized to be parked at such location may be
removed and towed away at the expense of the owner of said
vehicle.
SECTION III.
The provisions of Section I prohibiting the parking of
vehicles shall apply at all times to the streets and part of
streets designated therein except when it is necessary to stop a
vehicle to avoid conflict with other traffic or in compliance
Xx' "t ~.E W1v 'y.. f w h n i{ tti~ ~d N ~p fi . k of p:. y i~ .
77"T7 7
l
with the direction of a police officer or official traffic
control device.
SECTION IV.
Any person adjudged guilty of parkirg a vehicle in violation
of this ordinance shall be guilty of a misdemeanor and punished
by a fine not to exceed Two Hundred Dollars (=200.00).
SECTION V.
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect tho
validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
wou1J have enacted such remaining portions despite any such
invalidity.
SECTION VI.
That this ordinance shalt 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-Chrrnlcle, the official
newspaper of the City of Denton, Texas, witiin ten (10) days of
the date of its passaged
PASSED AND APPROVE'.) this the day L" 1985.
RICW.D
CITY OF DEUTON, TEXAS
ATTEST:
CURLOTTE ALL Z Tl'4-30KETM
CITY OF DENTON, TEXAS
APMMO AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF IF.NTON, TEUS
BY:
PACE 2
i.
7,11
pale S`cf ~5~ pagds
I
ITEM 07 CITY HALL - REAR PARKING LOT AND AUSTIN STREET
Jerry Clark presented a viewgraph for the
commissioners review, He said to enablo City Hall
to keep its available parking for use by citizens,
the rear lot needs to be structureu. Currently this
area has two needs. First is to allow citizens to
access City Hall off Parkway Street. Some two hour
parking needs to be established to keep people from
using those spaces as permanent parking. Two groups
are currently doing that. One from City Hall
employees and the other from Post Office employees
who have recently begun to spill out of their lot.
Both groups have designated parking lots.
The secondary need is to provide spaces for City
trucks that are based out of the rear of City Hall.
This. ordinance will address providing spaces for
those vehicles also. There is also some areas that
have designated parking limits,
Vivitn Edwards said there is an aroa presently
designated as one hour parking. Jerry Clark said
this was never in a.. ordinance L'it the two hour
parking would be,
STAFF RECOMMENDS: Approval
COMMISSIONERS: Virginia Gallian made a motion to approve
the no parking ordinance. Bruce
Chamberlain ser,onded the motion. It
passed unanimously.
ITEM 08 GENERAL INPUT - PARKING SITUATION AT WALNUT STREET TO
1;Ut;V'-'jf 10 ELM
Jerry Clark presented a viewgraph of the location.
He said Walnut street is so narrow it presents
problems when vehicles batk out into the street.
Jerry said he is studying different approaches to the
problem and would like the commissions input. Either
two hour angle signed parking, no parking or put up
loading zones for the businesses.
Wayne l.utroy- said designated restricted loading zones
would correct the problem and no parking signs for
all other spots along block.
The commissioners said for Jerry to proceed.
Meeting adjourn4d`i.3t 1:23 p.m.
12721,
,
NO.
AN ORDINANCE PROHIBITING THE PARKING Of VEHICLES ON A PORTION OF
AUSTIN STREET; PROVIDING A PENALTY NOT TC EXCEED TWO HUNDRED
DOLLARS FOR VIOLATIONS THEREOF; AND DZCLARIN; AN EFFECTIVE DATE.
THE COUNCIL Of THE CITY OF DENTON H.4REBY ORDAINS:
SECTIOJ I.
When signs are erected giving notice thereof, no person
shall park a vehicle at any time upon the following street in
the City of Denton to wit:
Both sides and the north end of that portion of Austin
Street beginning at its intersection with Parkway
Street end extending south to its terminus at the
entry driveway to the municipal building parking lot.
SECTION 11.
The provisions of Section I prohibiting the parking of
vehicles shall apply at all times to the streets and part of
streets designated therein except when it is necessary to stop a
vehicle to avoid confl!ct with other traffic or in compliance
with the direction of a police officer or official traffic
control device.
SECTION :II.
Any person adjudged guilty of parking a vehiclo in violation
of this ordinance shall be gu'ity of a misdemeanor end punished
by a fine not to exceed Two Hundred Dollars (:200.00).
SECTION IV.
That this ordinance shall become eff:ctive fourteen (14)
days from the date of its passage, and t e City Secrotary is
hereby directed to cause the caption of -nis ordinance to be
published !rice in the Denton Record-Chr iicle, the official
newspaper of the City of Denton, Texas, wit iin ten (10) days of
the date of its passage.
PASSED AND APPROVED this the day 4f 1985.
KICRXKD 0. STUWART, MA
CITY OF DENTONs TEXAS
ATTEST:
CVXKLDi'fTC -ALLE, ZITY sSECREMY
CITY OF D!:t.TON, TEXAS
APPROVED AS 10 LEGAL FORM:
DEBRA ADA.MI DRAYOVITCH, CITY ATTOA ZY
CITY OF DENTON, TEXAS
page 5 of S pages
ITEM ry_ CITY HALXE'L - REAR PARKING LOT AND AUSTIN STREET -
Jerry Clark presented a viewgtaph for the
commissioners review. He said to V%ab1,e City Hall
to keep its available parking for use by citizens,
the rear lot needs to be structured. 'Currently this
area has two needs. First is to allow citizens to
accees City Hall off Parkway Street. Some two hour
parking needs to be established to keep people from
using those spaces as permanent parking, Two groupps
are currently doing that. One from City Hali
employees and the other from Post Office employees
who have recently begun to spill out of their lot.
Both groups have designated parking lots.
The secondary need is to provide spaces for City
trucks that are based out of the rear of City Hall.
This- ordinance will address providing spaces for
those vehicles also. There is also some areas that
have designated parking limits.
Vivian Edwards said there is an area presently
designated as one hour parking. Jerry Clark said
this was never in an ordinance but the two hour
parking would be.
STAFF RECOMMENDS: Approval
COMMISSIONERS: Virginia G-llian made a motion to approve
the no parking ordinance, Bruce
Chamberlain seconded the motion. It
passed unanimously.
ITEM 08 GENERAL INPUT - PARKING SITUATION AT WALNUT STREET TO
Jerry Clark presented a viewgraph of the location.
He said Walnut street is so narrow it presents
problei.;; when vehicles back out into the street,
Jerry said he is studying different a rn
pp aches to the
probler, and would like the commissions input. Either
two hour angle signed parking, no parking or put up
loading zones for the businesses.
Wayne Autrey said designated restricted loading topes
would correct the problem and no parking signs fo:-
all other spots along block.
The commissioners said for Jerry to proceed.
Meeting adjourned at 7:23 p.m.
December 3' 1985
CITY COUNCIL AGENDA ITEM
"J.
Tot MA10R AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manage
SUBJECT
Consider Proposed Revision of AVERAGE BILLING (Equalized
Payment Plan) ORDINANCE 185-85.
RECOMMENDATION
The Public Utilities Board, at their meeting of November 20,
1985, recommended to the City Council the addition or
Schedules RW and G1 to the list of customers authorized for
average billing for City of Denton Utility Services.
SUMMARY/BACKGROUND
The City's Equalized Payment Plan (EPP) is a means for utility
customers to better plan their monthly expenses. Our current
authorization allows only re:iidential customers to toke
advantage of this feature.
The City has been asked by several churches aboui signing up
for EPP. Staff has also reviewed a proposal to allow local
governments to utilize the EPP for similar reasons. Average
billing improves budgeting allowing level utility expenses and
better planning for cash investments. Since both churches attd
local Qovernments tend to pay bills on time, there is good
reason to allow them to become EPP customers.
Staff will invite both groups to «tilizo the EPP feature under
the same conditions as residential customers:
1. 12 months' valid history.
26 Good credit history with the City's utility.
31 written application.
PROGRAMS, D,EPARTMLNT5 OR GROUPS AFFECTED
Denton :municipal Utilities, support services, church groups,
governmental entities, citizens.
4041U:1?
I
r q;" a' r t gat N o . ~ ♦ m Fr r g5
FISCAL IMPACT
Relatively little Impact on total annual receipts.
R pec ally ub i ted,
c a
Acting City Manager
Prepared by:
Charles Cryan
Utility Budget/Rate Administrator
Appr e
e4
R1 E. e so
Director of Utilities
EXHIBIT I Proposed Revised EPP Ordinance
11 Minutes PUB Meeting of 11/20/85
4041U:18
I
y ••t,F3' 45~ ;
.y_
1fM A' ,.r , Ifi °or + @" n . „ y i 7, -7
102
i
NO.
AN ORDINANCE MENDING SECTION 25.6.1 OF THE CODE OF ORDINANCES
OF THE CITY OF DENTONs TEXAS; PROVIDING FOR THE AVERAGE SILLINQ
OF UTILITY SERVICES FOR CERTAIN CLASSES OF UTILITY SERVICE
CUSTOMERS; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That Section 25.6.1 of Chapter 25 of the Code of Ordi-
aances is hereby amended to read as follows:
Section 25-6.1. Average billings for services.
Any residential utility customer in Customer Classes RI and
R2, deligious Worship (RW) customers and Local Government (Gl)
customers of the City may be billed for electrical water,
mewar, and sanitation services based upon an average bill for
the customer's previous twelve (12) months of service with the
City at the service address where average billing is requested
in accordance with the following provisions:
(a) The customer shall make written application to the
City on a form furnished by the City requesting
aversa billing in accordance with the provisions
of this section.
(b) Upon receipt and approval of the replication, the
City will compute the averege bill as described
below. The :•ustomer shall be billed this average
bill for the first eleven (11) billings after
approval of the application. On the twelfth
billing, the City will credit the customer's
account for the accumulated amount of the average
bill in excess of the actual twelve (12) months'
consumption, and charges, or bill the amount for
actual consumption ante
nd charges in excess of the
average billing provided for herel,n. The customer
shall have until the due date for the twelth (12)
bill to pay any additional billings.
(1) Water and Electric. The City will compute the
customer's total consumption of water and
electricity for the previous twelve (12)
months. Theme annual consaaptions will be
divided by eleven (11) to produce estimated
usages per month for the next twe).ve (l2)
months. The water and electric portions of the
average bill will be calculated using these
estimated usages and the rote schedules that
are applicable to the customer at the time the
average bill is computed.
(2) Sewar. The City will compute the customer's
average monthly water consumption for the
previous three winter months of December,
January, and February that occurred within the
most recent twelve (12) months. This average
A
monthly rate of consumption
shall not exceed
twenty-five thousand (25,000) gallons, The
monthly average of these three winter soaths
will be multiplied by twelve (12) and divided
by eleven (11) to produce as estimated effluent
per sexaroportion of the avers4o bill for months.
next
twelve months will be calculated using this
estimated effluent flow and the rata schedule
applicable to the customer at the time the
average bill is computed.
(c) The Citq ■ay provide average billing for utility
service(s) based upon the customer's credit rating,
the customers credit history with the City for
utility services, or upon request of he Utility
,r Account Review mmittse as a condition of the
city's contract with the customer for payment of an
overdue account or accounts, or any other financial
reason, Upon receipt and approval of credit
papplicationh@hall uscotstitute written aareemi t between
athe customer and the City to comply with the terms
of this section and the average billing policies of
the City,
(d) Any late payment (payment received after the bill
due date) of any average billing which occurs more
than twice in a twelve (12) month period ohall be
cause for discontinuation of average billing.
Should the customer be removed from the average
billing program for failure to pay bills in a
timely manner (late payment), such customer may not
requalify ppfor such program until the City yy has
dueedate for eelperiod rof three u (3) months. Afterha
second removal from the program, a customer may rot
requalify for such program until after the
expiration of one year.
SECTION III.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the . day of 14 ,
RICHARD' 0. STEWARTs MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CITY of DENTON,ITEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON$ TEXA,q
BY : fSddCl~
PALL 2
yv,n 1 F rt .,t r •:i 9 ,l'„' t .r' `.v. .a "
^ y. . a s
EXCERPT FROM
PUBLIC UTILITIES BOARD MINUTES
NOVEMBER 20, 1985
CONSIDER PROPOSED REVISION OF AVERAGE BILLING ORDINANCE
Cryan and Nelson explained the justification for the this
proposal. The city has been asked by several churches
about signing up for equalized billing .
improves budgeting, allowing level utilitye expenseslland
better planning for cash investments. Since both churches
and local governments tend to pay bills on time, there is
good reason to allow them to become equalized payment
customers.
Coomes made a motion to recommend the proposed revision to
ordinance 185-8S. Second by Frady. All ayos, no nays,
motion carried unanimously.
- r r r r r
r
1. (.IR Vk M~~rt S"~'V itl. ~r ~i k1}r_ }41, 1 Ile, 1 M7 orb 1 r,,r 1~~~L
R E S 0 L U x 1 0 H
WHEREAS, the term of off ee for Place 8 on the Board of
Directors of the North Texas Higher Education Authority, Inc.,
expired September 30, 1985; and
WHEREAS, on September 25, 19859 the board of Directors of
the North Texas Higher Education Authority, Inc. created a Place
9 to said Board, NOW, THEREFORE
Be IT KESOLVED BY THE CITY COUNCIL OF THE CITY OF L)ENTON, THAT:
SECTION I.
Mr. Michael Cranday has been reappointed to Place 8 on the
` Board of Directors of the North Texas Higher Education
{ Authority, Inc. for the October 1, 1985 through September 30,
1987 term.
SECTION It.
Mr. James Brock has been appointed to Place 9 on the Board
of Directors of the North Taxes Higher Education Authority, Inc,
for the October 1, 1985 through September 30, 1987 term; and
SECTION III.
This Resolution shall become effective from and after its
dato of passage.
PASSED AND APPROVED this the 3rd day of December, 1985.
I
RICHARD 0. STEWART, MAYOR
CITY OF PENTON, TEXAS
ATTEST:
f CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY; I&OW, Q&wi
r v 1 s i n r,c f r v • 'r • µ ~ t
.
L
North Texas Higher Education Authority, Inc.
201 k. Abram. dude 750 Arlinytuai. Tox" 7W 10 1196 (Ki7) 7f+5 ~1` 15
October 3, 1985 ,
Honorable Richard Stewart NQ~ Z 1 W5 I
City of Denton "
'215 East McKinney
Denton, 'texas 76201
Deer Mayor Stew rti
At It$ Board of Directors Meeting September 179 19AS, the North
Texas Higher Zducation Authority, Inc. took action to nominate an
individual to place 8 of the Board for the October 1, OAS through
September 30, 1987 term. As you are aware, the C.tj of Denton
appoints parsons to fill Pisces 6 and 8, And the current appointees'
terms expired September 30, 1945s
Me, Micheal Orendey - Place 8 has expressed a willingness to serve
another term, but Mr. Melvin roolge has declined serving past the
expiration of his term. Them;fore, Mrs r,randey is respectfully
submitted for the Council's consideration for re-appointment to
Place A, And place 6 will rerisin unfilled until such time AS the
Board can locate a suitable nominee.
I
At Its September 251 1985 ■eati.nA, the Board took action to nominate
an individual to the newly created place 9 on the Board (as per the
attached copy of our letter to you of AuAuet B), He, James Brock of
6104 Circloview Drive, Fort Worth, Texas 76118 has expressed a
willingness to serve in this capacity* Mrs Brock is the owner of a
furniture manufacturing company and has served as Vice President of
the Birdville Independent School District Board of Directors and so
President of the Chamber of Commerce of Richland Hills, 'texas.
The NTHEA Board of Directors belives Me, Bruck would be an asset to
the Board and respectfully submits his name for nomination to Place
9 for concurrent Approval of the Cities of ArlinAton and Denton.
I will very much appreciate your notifying ■e of Council action
taken on both nominees. As always, the board Aen<ilnely appreciates
the Council's support of our, activities and extends its thanks to
all of youe
8tncer~ly,
Samuel 4. Hamlett
President
s jb
Enclosure
+ 1 c r ~_T. ¢1'l t',,,~ d . Fd a,rt. 1 Decenber 3, 1485
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
SUBJECT
Consider Resolution for Approval of U.S. 380 Sewer Line
Boring License from the Atchison, Topeka and Santa Fe
Railway Company.
RECOMMENDATION
The Public Utilities Board, at their meeting of November
20, 1985, recommended t. the C±ty Council approval of
sub2ect resolution and the payment of one time license fee
of 3400.00 to ATBS Railway Company.
SUMMARY
The proposed new 10" sanitary sewer line from existing I-35
lift station to Hickory Creek outfall has to cross the
railroad by boring underneath. This request is for the
approval of the resolution and the payment of the license
fee of $400.
BACKGROUND
On October 1, 1985, the City Council had awarded the US 380
sewer line to tho lowest qualified bidder, Calvert Paving
of Denton. This railroad crossing license is necessary for
the completion of the project.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Denton Municipal Utilities, Legal Department, the
Contractor.
FISCAL IMPACT
A license fee of $400.
Sewer Bond Funds: 624-008-0471-9114
4041U13
k9~dN r,. ",~T r e~ 'q~✓c ~~'1^, 5. yf a J^; rY ybyr _i.ikx tK a,n rv+ .a,: t '7.:.. Fi
Re ct lly b■ted
c ve e
Acting City Manager
Prepared by:
Srini Sundaramoorthy
Civil Engineer
Approved by:
e son
Director of Utilities
Exhibit I Location Map
II License Agreement
Ili Resolution
1V Minutes PUS Meeting of 11/20/8
4041U:14
~MWAJ,
G
RAIL ¢b A0
PROJECT t ~nou~~y
II 1 1
f i I
14
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS;
rho Mayor is hereby authorised and directed to execute on
behalf of the City of Denton, Texas, a Pipe Line License
Agreement dated October 4, 1985, between the City of Denton and
the Atchison, Topeka, 6 Santa Pe Railroad Compeny, relating to
the construction, reconstruction, use, maintenance, repair and
installation of one ten inch (10") in diamster and one hundree ~
a fty feet (1501) in length sanitary sewer line at M11.e Poet
1'.5+4132.0 Denton County, Texas.
`I PASSED AND APPROVED this Clio day of -985.
I
CITY OF DE:NTON,TEXAS
ATTEST:
it
CHARLb ,
CITY OF UENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA kDAf1I DRAYOVITCH, CI?Y ATTOK14EY
CITY OF DENTON, TEXAS
BY;
!1N Ater imt T"*ka a;ad Isift ti Aattway CarMsy
A SWO h kioA" C"Wy
VW N& SNOA Aft W&, TOz08 79171 • Tehphom 006/376.3131
October ~5 1985
File: Ct .;3298
City of Denton
215 East McKinney Street
Denton, Texas 76201
Gentlemen:
Reference is being made to your rw-vnt request for a sewer line
crossing at Nile Post 105 + 413P.0 feet at Denton, Texas.
We have no objections to this sewer line crossing, and I am
enclosing duplicate originals of a pipe line license covering this
installation and stipulating a fee of $400.00. The license has been
executed on behalf of the Railway Company and will appreciate your further
handling for execution on behalf of City of Denton, Texas, with return of
the copy stamped "Santa Fe Original" for completion of our records.
After the license has been executed as indicated and in its
present form, it will be satisfactory to proceed with installation of the
crossing with the understanding that ir+tallation will be in accordance
with provisions of the agreement and Vat you will furnish Ms, Laura
Meredith, of Superintendent Martin's office, telephone number
(817)878-1421, three days' advance notice of date actual work on fu ,y
Company property will commence.
Thank you for your cooperation and if there are any questions or
other information desired pertaining to this subject matter, you may
contact Mr. B. R. Darnell, telephone (806)379-3268.
YY///oA}'urs truly,
/00
D. A Valentine
General manager
E
S A 4v AL
Ct 33298
PIPE LIFE LICENSE
THIS LICENSE, Made this 4th day of October, 1985, between THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY, a Oelaware corporation (hereinafter called
"Licensor"), party of the first part, and CITY OF UENTON, TEXAS, a municipal
corporation, acting herein by its Mayor, hereunto duly authorized (hereinafter,
whether one or more called "Licensee"), party of the second part.
wITNESSETH, That the parties hereto for the considerations hereinafter
expressed covenant and agree as followsi
1. Subject to the terms and conditions hereinafter set forth, Li%;ansor
licenses Licensee to construct and maintain one (1) pipe line, one hundred fifty
(150►0) feet in length, and (10) inches in diameter (hereinafter, whether one or
more pipe lines, called the "PIPE LINT:"), across or along the right cf way of
licensor at or near the station of Denton, Lenten County, Texas, the exact
location of the PIPE LINE being more particularly shown by oold line upon the
print hereto attached, No. 1-046041 dated October 11 1985, marked "Exhibit All and
made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying sewage and snail
not use it to carry any other commodity or for onV other purpose whatsoever.
3. Licensee shall pay Licensor as compensation for this license the sum of
Four Hundred and No/100ths Dollars ($400.00).
4► Licensee shall, at its own cost and subject to the supervision and
control of Licensor's cnief engineer, locate, construct and maintain the PIPE
LINE- in such a manner and of such materiel that it will not at any time be a
source of danger to or interference with the present or future tracks, roadbed
and property of Licensor, or the safe operation of its railroad. In cases where
the Licensee is permitted under paragraph 2 hereof to use the PIPE" LINE for oil.
Gas, petroleum roducts or other flammable or highly volatile substances under
pressure, e PIPE L shall be cons ruc e , ns a eo a rea er ma nta neo
n3 conformity with the plans and specifications shown on print hereto attacheo irl
such cases, marked Exhibit 6 and made a part hereof. If at any time Licensee
shall, in the judgment of Licensor, fail to perform properly its ooligations
under this paragraph, Licensor may, at its option, itself perform such work as it
deems necessazy for the safe operation of its railroad, and in such event
Licensee agrees to pay, within fifteen (15) days after uill shall have peen
rendered therefor, the cost so incurred by Licensor, out failure on the part of
Licensor to perform the ooligations of Licensee shall not release Licensee from
liability hereunder for loss or damage occasioned thereuy.
5► Licensee shall reimburse Licensor for any expense incurred by Licensor
for false work to support Licensor's tracks and for flagman to protect its
traffic during installation of the PIPE LINE and for any and all other expense
incurred by Licensor on account of the PIPE LINE.
6, Licensee shall at all times indemnify and save narmles9 Licensor against
and pay in full all loss, damage or expense tnat Licensor may sustain, incur or
become liable for, resulting in ofy meaner from the construction, maintenance,
use, state or repair, or presence of the PIPE LINE, including any such loss
damage or expense arising out of (a) loss of or damage to property, (b) inury to
or death of persons, (c) mechanics' or other liens o any character, or 01 taxes i
or assessments of any kind.
7. Notwithstanding any other provisions of this License, Licensee shall
comply with all statutes, ordinances, rules, regulations, orders and decisions
(hereinafter referred to as "Standards"), issued by any federal, state or local
governmental body or agency established thereby (hereinafter referred to as
"Authority"), relating to Licensee's use of Licensor's property hereunder. In
its use of the premises, Licensee shall at gall times be in full compliance with
all standards, present or future, set by any authority, including, but not
limited to, Standards concerning air quality, water quality, noise, hazardous
substances and hazardous waste. In the event Licensee fails to be in full
compliance with Standards set by any Authority, Licensor may, after giving
reasonable "tIce of the failure to Licensee, and Licensee, within th+rty (30)
days of such notice, fails either to correct such noncompliance or to give
written notice to the Licensor of its intent to contest the allegation of
noncompliance before the Authority establishing the Standard or in any other
proper forum, take whatever action is necessary to protect the premises and
Licensors railroad and other adjacent property. Licensee shall reimburse the
Licensor for all costs (including, but not limited to, consulting, engineering
cleanup and disposal costs, and legal costs) incurred by the Licensor in
complying with such Standards, end also such costs incurred by the Licensor in
abating a violation of such Standards, protecting against a threatened violation
of such Standaros, defending any claim of violation of such Standards in any
proceeding before any Authoritt, or court, and paying any fines or penalties
imposed for such violations. licensee shall assume liability for and shall save
and hold harmless the Licensor from any claim of a violation of such Standards
regardless of the nature thereof or the Authority or person asserting such claim,
which results from Grantee's use of Licensor's premises, whether such claim
arises in whole or in part from the negligence or alleged negligence of the
Licensor or otherwise. Licensee, at its costa, shall assume the defense of all
such claims regardless of whether they are asserted against Licensee or Licensor.
Upon written notice from Licensor, Licensee agrees to assume the defense of
any lawsuit, administrative action or other proceeding brought against Licensor
by any public body, individuals partnership, corporation, or other legal entity,
relating to any matter Covered by this License for which Licensee has an
obligation to assume liability for and/or to save and hold harmless the
Licensor, Licensee shaall pay all the costs Incident to such defense, including,
but not limited to, attorneys' fees, investigators' fees, litigation expense,
settlement payments, and amounts paid in satisfaction of ,judgment. Any and all
lawsuits or admit d strative actions brought or threatened on any theory of relief
available at law, in equi.}v or under the rules of that administrative agency
shall be covered by this Sa no including, but not limited to, the theories of
intentional misconduct, negligence, breach of statute or ordinance, or upon any
theory created by statute or ordinance, skate or federal.
8, THIS LICENSE is given by Licensor and accepted by Licensee upon the
express condition that the same may be terminated at any time by either party
upon ten (10) days' notice in writing to be served upon the other party, stiting
_2
D
therein the date that such termination shall take place, and that 14M the
termination of this license in this or any otjk r manner herein provided,
Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and
remove the same anal restore the right of way and tracks of Licensor to the same
condition in which they were prior tro the placing of the PIPE LINE thereunder.
In crse Licensee shall fail to restore ;.icensor,s premises as aforesaid within
ten (10) days after the effective date of termination, Licensor may proceed with
such work at the expense of Licensee. No termination hereof shall release
Licensee from any liability or obligation hereunder, whether of indemnity or
otherwise, resulting from an, actr, omissions or events happening prior to the
date the PIPE LINE is removed kv4 the right of way and track of Licensor restored
as above provided,
title. to Inthtthe case of the eviction of Licensee by anyone owning or obtaining
premises on wh.ch the PIPE LINE IS located, or the sale or
abandonment by Licensor of said premises, Licensor shall not be liable to
Licensee for any damage of any nature whatsoever or to refund any payment made by
Licensee to Licensor hereunder, except the proportionate part of any recurring
rental charge which may have been paid hereunder in advance,
10. Any notice hereunder to be given by Licensor to Licensee shall be deemed
to be properly served if it be deposited in the United States Mail, postage
prepaid, addressed to Licensee at 215 East McKinney Street, Denton, Texas 76201.
Any notice to be given hereunder by Licensee to Licensor shall be deemed to be
properly served if the same be deposited in the United Stators Mail, postage
prepaid, addressed to Licensors Division Superintendent at 204 Santa Fe
Building, 14th a Jones Streets, Fort worth, Texas 76102.
11. In the event that two or more parties execute this instrument as
Licensee all the covenants and agreements of Licensee in this license shall be
the joint and several covenants and agreements of such parties.
12. All the covenants and provisions of this instrument shall be binding
upon, and inure to the benefits of the successors, legal representatives and
assigns of the parties to the same extent and effect as the same are binding upon
and inure to the benefit of the parties hereto, but no assignment hereof by
Licensee, its successors, legal representative or assigns, or any subsequent
assignee shall be binding upon Licensor without the written consent of Licensor
in each Instance.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the
play and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, (Licensor)
Approved as to Form:
Be
on mac s
torme ey ` Is a e - ea sae and C
` ra ',u
uene
CITY OF DENTON, TEXAS
By
i ts,~,, or
may-
censee
3862u/Ig
i
EXHIBIT MAN
THE ATCHISON, TOPEKA AND SANTABFE RAILWAY COMPANY
AND
CITY OF DENTON
CHICA00t ILLINOIS
SCALI I IN. TO /GO FT. Ad !Y @.@ _ _ _ _ _ _
LYQRTNiRN DIV. CHIEF ENGINEER
QALLAS GIST. OE.YCRIPTION APPROVED
OAT6 ~ C~TOd,!►R /993
~w
h~
tl 5565 a
f S
Br7 Ti41C
e1w
DESCRIPTION OF PIPELINE
PM'M14 SHOWN SOLO
CARRIER CASMIG CARRIER CA$lN0
PPE P" PIPE PIKE
-J--~. -/B LENGTH ON R/W: __I3B ~Qd
CONTENTS: PRESSURE:
PAS T " acbIlL&W
+-5-'~-- BURY: SASE/RAL TO TOP OF CASMp - ~a -
CHI 3 M n
WALL TH004 e _ 35Q _ j BURBURY: AI GROUW
Y: ROADWAY W OtTCHits .I1'Min _Y
CATHODIC FROT>ECT"
r
VKMTt: Nth d~lA.. NM AV HD0F1"I' Of VENT At 01lOIAO _ Ni t 80 AT DENTON, DEN TON No e: CA"
oR
Dow eE Y _JlAA CUM
COU/VY'Y, 7~EAAS C.E. DRAWING NO. 4 - 0460¢
Onr. Fwd. arv. ilir`~"r O a.l~. cwt r~o.
O.i. F1Lt N0. G/1 P!~ 1
EXCERPT FROM
PUBLIC UTILITIES BOARD M740TSS
NOV04BER 20, 1985
15. CONSIDER RESOLUTION FOR RAILROAD LICENSE.
Coomes motion to approve the resolution. Second by
Frady. All ayes, no mays, motion carried unanimously.
Y
December 3, 1985
CITY COUNCIL AGnNDA ITEM
TO: MAYOR AND MEMBERS OF THE CT4 Y COUNCIL
FROM: Rick Svehla, Acting City Manager
SWECT
Consider Contract to Purchase Land for an Electric
Substation from Mayhill Road Reslty Company (Paige Road
Substation).
RECOMMENDATION
The Public Utilities Board, at their meeting of November
20, 1985, recommended to the City Council approval of
subject contract to purchase land for the Paige Road
Substation.
SUMMAW
A contract was received November 80 1985, with the
following major provisions:
II Purchase Price (0.804 acres) $111,065.00
21 Landscaping by purchase (describes city's
responsibility for landscaping the site, and sets a
penalty of $1,000 if landscaping is not done.
3. Rights and Use of Easement
BACKGROUND
The site was selected to be adjacent to the 138KV
transmission line approximately 2.5 circuit miles southeast
of the nearest existing distrioution substation (Spencer)
to relieve loading on tha substation, reduce distances to
the developing loads along I-35B south of Loop 288 and
1.35E and eliminate construction of additional 138 NV
transmission lino.
The original City appraisal was made February 26, 1985, for
0.79 acres in the amount of $84,500a Tho Owner had an
appriasal made at the some time of $155,,676. When approved
drawings were received for the 138 KV transmission line tap
strettures, it was nwcossary to expand the area to 0.804
acres and re-negotiate with the owner. Overall land sale
anprices hu inc eased in the area about J0.50/square foot
g price was increased to 111,065 as shown
in the attached contract,
4041 U:I5
The major equipment is on hand and construction needs to be
completed prior to June 1985 to avoid overload of the
Spencer Substation and to improve service reliability to
customers in the southeast area of the City.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED
Denton Municipal Utilities, General Public, Legal
Department, Property Owner.
FISCAL IMPACT
Bond Fund Capital Improvement
Project 08S-M/SS-1 $9500000
Res ctf lly s omitted,
IA&
Rick v"~ ehT
Acting City Manager
Prepared by:
E. B. Tullos
Assistant Director of Bloc. Utilities
Ap ved by,
I
11--14 -
e son
Director of Utilities
Exhibit I Location Map
II Proposed Contract
III Minutes PUB Meeting 11/20/8S
404111:16
J •f
(
f
I
I+I/• ~f G•Ir~s,~
' f R~IRSa t/
7 L~ISI/•
f { CN14 N lO/ti;R1~11
r•16 M'
! - - s1,10
04 1s yatptt
moo
R. MCI
L, $490
04 a of 1441 1,10,W
\ \\p. ``++o- Hl w'
lot
N 1,•o,'sr'i + - \ e , u IOfON WAI.IfeR /f,p
ato \ SURYBY A-4UO O4
r1 i' O
Par 4 6•n1141 to ! 1 \ ~rilt,;
S.n01an R/am~04cc I \
W1541,Pg 196 f 1 ` 70'7fa14/mossam 141w,1141
II/20 M7 + \5" to•r 2S4FOrlse/ k TP 6L `
NN,
r PAIGE
AOAD
•
•
,11 IRIIfIM~ 1/A /fWOfW1
Ir twR eNSwf fr1L 06CM
f I I°•
got. 0
rs,
10
11'•x•
polls
Ill. 0 11.0
1,y, IIf. A
Li oil. 1 1 Sgt. 1
610. 9 SIT. 0 V 41A
,
1'a
ra
POW
r sn.1 ® d 4 f
Ird
!AN
wfM IIIf1AtM
A0~ _ Iff. i. +
L l'w• yr l L ra . _ u'y u r 1 a.k rr ,ra w
w.•r.u 11 «.►NW W~~»7rM.f M +yK.C W~lrt ~r~ *~/y~N
INI _ _ MGM h_ ' RN r~ h MN cay ow t1RNY VN, K71A! E f ~YAti
Y h1Oki A. 1
.i1/ I : ww .:N 4i 1AiM A A / a . MM
T
1
1
< I i
I
f 1
I '
t ti
1 I ~ I
1
1
1111{r E"
1 i
1 1 : I
I
I I
1 ~ I
\ ~ I7
\ 1 ~ 1
f
I
I
s M}r K
0
h
~ g w oti
cc
r Q
i
I
r ~
j
Irr r
~a
l~
o
~o
~v
J .
Novo 8 1 985
OFFICE, OF THE CITY ATTORNEY
MEMORANDUM
TO: Roger Wilkinsons Right-of-Nay Agent
FROM: Joe D. Morris, Assistant City Attorney '4''
DATE: November 7, 1985 [4'
SUBJECT: Easement cn Mayhill Road Realty Co. Property; Contract to
Purchase Land
Attached is the revised contract to p:.rchase land for an electric
substation from !layhill Road Realty Company. The contract ties
been revived to indicate that the easement des,^ribed as Tract II
shall be used for overhead electrical lines. (Clauro 2) An
additional provision has been added concerning the City's
obligation to landscape the property. (Clause 3)
Also attached is an easement from Mayhill to the City providing
for the use of the described property for utilities and a road for
ingress and egress.
Please review the attached documents and contact mo if any
revisions need to be made. I assume you will contact the Seller
concerning the attached eocuments if they are satisfactory. JOO D. MUKKLS
JDM:jc,
xc:~Bob Nelson, Director or Utilities
Ernie Tullos, Assistant Director of Utilities
I CONGUR WITH THE FOREGOING:
DEB&k Ao DFA 1
I
iAIv i. ti e; r ~'r. a , 6 •i~l, a.~ s. .
•t t 1 t
, y
in
. 1LddL
THE STATE Of TEXAS
COUNTY OF DENTON S CONTRACT OF PURCHASE OF REAL PROPERTY
This agreement to made on the day of a
lion ,
by •nd Satxean the City of Denton,-1'eitas, • mun c ppa corporation,
hereinafter referred to ae Purchaser, and Mayhill Road Realty
Company, a Texas general partnership, herelnafter referred to as
Seller.
It Ii agreed as follows:
16 A~reamant To Sell and Purchase. Seller agrees to sell to
City an ty agrees to purr lies rom Seller, upon the terms 4nd
for the consideration sat forth in this agreement, all that cer-
tain real pManton rty (hereinafter called the "property"), situated
in the City , County of Denton, State aE Texas. The pro-
par ty is described herein as two tracts. Tract Is to be conveyed
in fee simpla, and Tract 11, to be convoyed as an easement for
electrical lines, are described as follows:
TRACT I
All that certain 0.604 acre tract or parcel of land situated in
the Gideon Walker Survey, Abstract Number 13300 Denton County,
Texas, said tract being part of an 18.216 acre tract shown by deed
to HayhLll Road Realty Company, recorded in Vol. 1441, Page 606,
Deed Records, Denton County, Texas, and being more
described as follows: particularly
COMMENCING at a railroad spike at the southeast corner of said
Mayhill Road Realty Company tract, said corner being .t the
interaectior, of the west right-of-way of :BT Railroad with the
center of Paige 5oad;
THENCE north 85'43'16" west with the center of said Paige Road a
distance of 753.97 feet.;
THENCE north 07°14'09" east a distance of 317.31 feet;
THENCE north 51°03'09" east a distance of 35.41 feet to a steel
pin at the Point of Beginnlnq;
Thence North 51°03'09" East a distance of 171.53 feet to an iron
pin for corner;
Thence South 37°56'50" East a distance of 150.0 feet to an iron
pin for corner;
Thence South 52°03'09" West a distance of 242.0 feet to an iron
pin for corner;
Thence North 83°07'59" 'nest a distance of 28.2 feet to an Lron pin
for corner;
Thence North 37°56'50" West a distance of 40.24 feet to an iron
pin for corner;
Thence North 07°14'09" East a distance of 127.54 fast to the Point
of Beginning and containing 0.804 acres of land.
TRACT i1
• All that certain 0.316 acre tract or pareet of land situated in
the Gideon Walker Survey, Abstract Nucabar 1330, Denton County,
•
Texas; said tract being part of an 18.216 acre tract shown b
to Nayhilt Road Realty Coapaay, recorded in Volume 1441, Pegj 6060
Deed Records. Denton Cooney,
described as follows: Taxes' and being more particularly
Bcginning for the southeast corner of this tract at iron pin, sa
id
iron pin being the southeast corner of said Nayhill Road Rea
lty
Company tract, said iron pin being at the intersection of the vast
line of N.K.T. Railroad right-of-way and the center of Paige Road;
Thence North 85'43'16" Vast with Paige Road a distance of 21.33
feet for a corner;
Thence North 37°42'51" Vest a distance of 336.95 feet to the
beginning of a curve to the right whose radius is 2930.79 feet;
Thence northwesterly with said curve for a distance of 349.01 feet
(chord North 34°18'10" Vest 348.8 teat);
Thence South 52'03'09" Vest a distance of 133.69 feet to the
northeast line of a 0.804 acre tract;
Thence North 37'56'50" west with said 1#ne a distance of 16.) feet
to a corner. said corner being South 31 56'50" East 15.0 feet from
the north corner of said tract;
Thence North 52°03'09" East a distance of 135.?l feet for a corner;
Thence northwesterly with a curve to the right whose radius is
2930.79 feet, are 15.13 feet, (chord North 30°2541" Vest 15.13
feet) for a corner;
Thence North 52°03'09" East a distance of 16.15 feet to a north
corner of said Nayhill Road Realty CompdAy tract on the westerly
right-of-way of said H.K.T. Railroad;
Thence southerly with said railroad right-of-way and a curve to
the left whose radium is 2914.79 feet, arc 380.34 feet (chord
South 33058'34" East 380.07 feet) for a cot.ier;
Thence South 31°42'51" East a distance of 351.35 feet to the Point
of Beginning and containing 0.316 4cres of land;
together with all rights, easements and appurtenances thereto.
2. Rt hes and Use of Easement. The easement, described as
Tract ere n, to onv a-J'-b
easement for the purpose of installing, loocatin 1 coratructing,
reconstructing, repairing and ionintal-nig one ors more overhead
electrical distribution and trancmissi3n tines, and 311 necessary
appurtenances thereto. The rights snd Buttes of Seller and
Purchaser as to said easement, to be set forth in the instrueent
conveying said easemei,t, shall be as fo',lows,
a• Purchaser shall have the right of ingress and egress
to the easement only by way the land covered by the
easement.
b. Purchaser shat' not fence or otherwise restrict Seller,
its e u igns or successors, from access to the easement
for exercising its rights to the use of said easement
as provided for herein.
c. Purchaser shall repair or replace ony and all roads,
streets, alleys, parking lots, sidewalks, or other
•
ass - - -
• improvements Salter, its 49118ns or successors, may
rightfully place in said easement, that are damaged,
destroyed or removed during installation construction,
reconstruction, repair or maintenance of the utilities
placed thateon by Purchaser.
d. Seller, its assigns and successora may make any rea-
sonable use of the easement to be conveyed herein,
including the right to lay out, construct, reconstruct,
repair and maintain roads, streets, alleys, driveways,
sidewalks, parking lots, as, sever or water lines,
drainage ines and facilities so long as such uses do
not interfere or impair Purchaser's right to use the
easement for the purposes herein stated.
a. Purchaser, in order to insure the efficient operation
of its electric lines on the easement, shall have the
right to clear and keep cleared the easement of any
and all trees, bushes, shrubs, roots or other natural
veggetation that mi ht interfers with the operation or
me nteaance of set lines.
3. Landscapin; by Purchases. Purchaser hereby agrees that it
will, within ninety aye of cozKlotion of its electrical
substation on Tract I to be conveyed herein, landscape the
partaster of Tract I which abuts Seller's property to provide a
living screen between Tract I and the Seller's property. In no
event, however, shall the obligation of Purchaser to landscape ■m
provided for herein, be considered a covensist running with the
land to be conveyed !ierein, a condition precedent to the vesting
of title in the Purchaser, or once vested, a condition subsequent
to title remaining vestnd in Purchaser, and Seller agrees that
once title is conveyed to Purchaser pursuant to this agreement,
the failure of Purchaser to landscape as provided for herein ahsli
not in any case effect Purchaser's title or right to such land
conveyed, and Seller shall be entitled to liquidated damages in
the amount of One Thousand and No/100ths Dollars (=1,000.00) as
its sole remedy for such failure.
4. Escrow ant. fi►:vart Title Guaranty Company of 100 N.
Locust steer, City of Oe..-tton, Texas, is hereby designated as
escr;♦ agent and the Purchs,u r, on executioi; o,~ this agreement,
shalt pay the escrow fee.
S. Purchase Price. The total purchase price of One Hundred
Eleven ousan Sixty-Five and No;100 Dollars ($111,065.00), which
sum shall ba the sole compensation due Seller for any and all
claims of any description whatever out of the Purchaser's
acquisition or use of the property for H,lblic purposes, is to be
pa able to Stewart Title Guaranty Comps-.y, as escrow agent as
follows:
a. One Thousand and No/100ths Dollars ($1,000.00) on the
execution of this agreement payable to Stewart Title
Guaranty Company as earnest money, receipt of vhich is
hereby acknowledged.
b. The balance, in cash at closing on delivery to the
escrow agent of a general warranty deed for Tract 1
and an easement deed for Tract It with full covenants,
duly executed in proper form for recording so as to
convey to the Purchaser a good and marketable record
and title to the land free and clear of all ratorded
and unrecorded liens, assessmenta, leases, taxoy, and
encumbrances, restrictions and conditions, except
public easements and rights-of-way of record.
Purchaser shall take possession on the data of closing.
b. Title Insurance Polies. The Seiler ag nest prior to the
closing, C procure at the Purchaser's cos:, from
Stuart Title
Guaranty oepsnlr, or another title company of Seller's choice'
acceptable to the Purchaser, a preliminary title report *Sreein
to ensure marketable title to the Purchaser to the full amount of
the purchase price and to obtain such policy to be issued by
Stewart Title Guaranty Company, or
company such other approved title
.
7. Effect of Defective Title. Should the title prove defective
in the opinion o t e urc aeir s attorney, than such defect shall
be pointed out in writio by 12tter delivered to the Seller after
the delivery of such Prot inary title report. Setter may, but has
no obligation to, cure any defect in title as jointed out by
Purchaser's attorney, provided, however, should alter fail to
cure any defect in title to the satisfaction of Purchaser prior to
closing, neither party hersto shall have any further obligation to
proceed with the purchase or sale of the property and neither
party shall be liable to the other for such failure to proceed.
8. Fees Char as Taxes and Costs. The Purchaser shall pair
all recor ng most t t a searc es raconveyance fees, trustees
fees, forwarding foes for any ful{ reconveyance of any deed of
trust, and the premium charged for any poltcp of title insurance
arising out of this transaction. Seller shall pay all taxes owed
or due on the property to be conveyed on the date of convoyanct.
9. Inability to Convm Title. In the event Seller is unable
to convey goo an marcmta Te 'record and title to the land as
provided for herein, then this agreement shall terminate and any
amount tendered by Purchaser shall be returned to Purchaser.
un Date.
10. before one Closing
eighty (180) calendar shall days from ltheddaton or
e of
acceptance of this agreement by the Seller, or at such other time
as the parties may mutually agree, at the office of the escrow
agent or at such other location as is mutually agreeable to the
parties herein.
It. Liquidated Damages. The Seller and Purchaser agree that
their sole raze y un er this agreement for any breach thereof by
the other shall be limited to liquidated damages in an amount
equal to One Thousand and No/100ths Dollars (11,000.00).
12. tnte ration. This agreement constitutes the entire agree-
ment betwean the-parties and neither party relies upon any warrants
or representation, not come?ned herein.
In witness whereof, the parties Nava executed this agreement
on the date first above written.
CITY OF DE4T04, PURCHASER
BY:
,
ATTEST:
CHAR OTTE A ,
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMt DRAYOVITCH, CITY ATTORNEY
. CITY OF DENTONt TEXAS
BY: ✓1n.n
~
0
• MAYMILL ROAD REALTY CO., SELLER
By$
SY:
BY;
1983 JULIE ZIFF TRUST
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instruaent was acknowledged before ae on the day
of , 1985 by Richard 0. Stewart, Mayor of the City
of Denton, Texas; a Municipal Corporation, rn behalf of said
Municipal Corporation.
NOTARY PUBLIC, STATE-UF-TM-9
My Commission expires:_
THi STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknovledged before me on day of
1985 by R. J. Hutton, Partner, .ay ll Road
Realty ompany, a General Partnership, on behalf of said General
Partnership.
NOTARY FUSLWTrATr-dr-fEW
My Commission expires:
THE STATE OF TEXAS §
COUNTY OF DFP".ON 9
This instrument was acknowledged before me on day of
, 1985 by Charles J. Ziff, Partner,-ayFiill Road
Realty ompany, a General Partnership, on behalf of said General
partnership.
Hy Commission expires:
.1~b4, 5~ Aa~ a ,e a^q 5+ 1 S c 1
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument wig ecknovledSed before me on 1985 by Steven Ziff, Trustee of 1983 Ju`liee day
Trust. Ziff
NOTARY PUBLICI STATE OF TEXAS
Ny Commission expires:
•
ti . ~ .q t
TIDE STATE OF TEXAS,
COUNTY Of ctNTON Lwow ALL a BY Mesa rWawrst
TUAT Mayhlll Road Rbalty Company, a Texas general partnership
on* and N01100 ($1.00) Dollar could ourati00 of the enm of
and other good mad niaable eaauiderstlem
i In bard Paid by the City of Denton, Texas rv'alPt Of wW& Is hereby sdoaewiedged, do by
thew prseeats snit, bargain, sell sad envoy onto to the City of Denton, Texas, the free
sod uniaterropted ese, liberty sad p+dv0ego of the paaaage hk aloes, ep:oa mad escrow the following
dwermed Prapaety, All that certain lot, tract or parcel
owsed by It . 8itaated is Denton Conety, Tessa, la the
0. !calker Saner, Abets-PA No, 1330, and also W.n
tract of land conveyed to Mayhill Coed Realty Company by deed recorded
in Volume 1441, Page 606 of the Dead Records of Denton County, Texas,
and more particularly described as follows:
COMMENCING at the southeast corner of said tract, said point lying at
the intersection of the wept right-of-way line of the MK? Railroad with
the center line of Paige Road;
THENCE north 85'43'16" west, along the center of Paige Road, a distance
of 402,55 feet to the point of beginning;
THENCE north 65°43'16" vest, along the center of Paige Road, a distance
of 94.53 feet to a point for a corner;
THENCE north 37'56'50" west, 35 feet vest of and parallel to the center
line of an electric transmission line easement recorded in Volume 1071,
Page 50 of the Deed Records of Denton County, Texas, a distance of
e 245.43 feet to a point for a corner;
THENCE north 52'03'09" east, a distance of 70 fact to a point for a
corner;
THENCE south 37°56'50" east, 35 feet east of and parallel to the center
line of said transmission easement, a distance of 309.95 feet to the
place of beginning.
And It is furtbtr agreed that the acid City of Denton, Texas
In consideration of the benefits shwa oat oat, will remove from the property stave d,scr.ud, such fences.
buildings and other obstructions as may now be found upon said property.
Forthepurposeof constructing, reconstructing, repairing and maintaining
utility lines, a hard surface road for ingress and egress ani all
necessary appurtenances thereto 6. along, upon and
I
across said premises, with the right and pri►1lega at all times of the
greater herein, his or is agents,
employees, wo6anto and representatlvss having Inrreas, erresa, and regress W. long upon and across
said premises for the
purpose of making additlone to. Improvements on and repairs to the ss;d
utilities or road d or
any part thereof,
TO HAVE AND TO SOLD unto the Said Cit.' of Denton, Texas as aforesaid for
the purposes aforesaid the primLea above described
Witness our hand s , Ws the day of . A. D. It 95 .
MAYHICL ROAD REALTY COMPANY
8Yf
JL'GIE 2SFF TRUST
x~n, .r- -
• THE STATE OF TEXAS, SINGLE ~ ACK OWLEDGHLNT
COUNTY or . DEMTODL f erroec Us. the understened Authority,'
Is and tot said Catty. Tow. on this day potsonally sppearof ,A--J'.LuttoC..•.Partner, of. Mayhllt
. _ & officer
knows to me to be the person/ whop name is aulrrr rHl to the fors
that.... he_, e:eaaws! the tame for the purposes sod rensidetat:.m thentn eepteaoodatrumeet. And aekno.:rdeW is nH
MEN UNDIES MY HAND AND SEAL OF OrF[CE. This dap o! _ . 'AD . 1) 65
[L.11
Notary Fublb Ceany. Tenla
xF CommtmlmI rrplrea June 1, is
THE SPATE OF TEXAS, SINGLE ACKNOWLEDGMENT
COUNTY 03 DENTON, _._..F strORII SdE, the nnemitned wtherty.
In and for laid County, Aeaa, on this dap peraosallp Appeared ._~~t~{Ylle J• Ziff Pa r40gC_0 f
.MaYN11~4l~~~l~tY._C9?APaIfY~ 4?S3il8itllral oar n r•hi¢`_
knows to ate W be the person / whom natnf i s_... sab$MUd to the fortini tS I
that be. , esatated the same i or the purposes and esaddetWon Martin sspnme<~ne, ad aeknawte2sed to ma
GIVEN L'NDkR NY HAND AND SEAL OF OrF1CE, MA day of
as.l _ ,AO.tit S5
Notary Fnblit, Denton Count'. Tess:
Sly Comntlsafea Carina June 1. 11
THE STATE OF TEXAS,~RjORAT1oN ACKNOWLEDGJfEN7
COUNTY Or DENTON rr BEFORE ME, the undertirned autl it'
in and tot said County. T,aaa..,n rho tar peimitatly apticartd Stdiven, Ziff, Trustee of 1983
Julie Ziff Trust
Ntost name is Iabe.nSrd to i 111 , n'~' ^i.r, r ,~^1.
+ r- nq irei .1t, nt a` 1 20•1% frd.eJ to i.
Trustee • , , ; ,
. )t.%MXA . and that to I'll Afrl tke e'Ctt it ti a a.I t rust
eapretwd, and if. the rapuci!e lorer. .tatel, ' ~k1V1 11Xr.r v , I r„ r r o
GIVES t'NDER 3fY HAND AND SEAL OF OFFICE. Me
S,tary PuWt. Denton County. Teas
3fy Commission Eep,:, a June 1. 11
THE STATE OF TEXAS, CLERK'S CERTIFICATE
Cot TV OF r r' .Count.
Cctk of the 4runty Court of laid County, do herebi, :eddy t}rt the f,upj., t narlrnent or rte .bred n th,
.lap .,f , A, D, 17 I% ate C •,yn,'e „f .l u:!t.'r: .,t .n. •.,,1 t,t
wo?d in my opts on the day of A D I I recorded tha da{ , It k. D 17 31. ni :,it
. ,t k '.f . t •he
Rer%r:, f.,•1 C •t•r. nil;,..,.
N'IT\'ESS 31Y HAND AND SEAL OY THE COL NTT i('L k r f •a d t'..
the day amt va. n..
By f' a.•,
3 ' d s
c
4
T n
~r < r - < tJ y
i-q
• }.e Y . .7
I r.
a s
•-.:-5.'T`+f- rya r~.,rmv~aA',+a'
.
bXCERPT FROM
PUBLIC UTILITIES BOARD MINUTES
NOVEMBER 201 1985
r
14. CONSIDER CONTRACT TO PURCHASE LAND FOR AN ELECTRIC
SUBSTATION FROM RAYHILL ROXD REALTY COMPAN'J,F, RU
SUBSTATION)o
Nelson explained that in order to avoid overloading of
the Spencer Road Substation, and to improve service
reliability to customers in the southeast area' of . the
City, this substation is needed. This site is directly
under the Texas Municipal Power Agency (TMPA)
transmission line, which will save the City the cost of
towers and transmission lines, not to mention the cost
of an additional easement.
Thompson made a motion to approve the contract. Second
by Boyd. All ayes, no nays, motion carried unanimously.
M...............
I
OFFICE OF THIC CITY ATTORNI}Y
MEMO1L8LNDLJM
DATE: November 27, 1985
TO: Honorable Mayor & Members of the City Council
FROM: Debra Adami L.7ayovitch, City Attorney
SUBJECT: Contract of Employment
Attached herewith is a Resolution engaging my employment for a
period of one year in accordance with the instructions of the
Mayor.
The Charter of the City of Denton does not call for a Contract
of Employment; therefore, this is prepared in Resolution form
and contains similar provisions as are in the Contract of
Employment with the the former City Attorney and the City
Manager.
Respectfully submitted,
~
DEBRA
DAD:js
V'
Attachment
M1'
.
R E S O L U T I O N
WHEREAS, the City Attorney of the City of Denton is
appointed to office by the City Council and serves at the
pleasure of the City Council under the terms and provisions of
Erti.:le VI of th6 Charter of the City of Denton, Texas; and
WHEREAS, on Feb:vary S, 1485 the City Council of tLe City of
Dentol appointed Debra Adami Drayovitch, City Attorney of the
City of Denton, Texas; and
WHEREAS, the Council wishes to renew the appointment of said
City Attorney; NO'?, THEREFORR,
sE IT RESOLVRD DY TAE COUNCIL OF THE CITY OF DENTON.,
SECTION I.
The City Council of the City of Denton hereby engages the
employmo nt 4ervicei of Debra Adami Drayovitch as City Lttorney
of the City of Denton, Texas, to perform the functions end
duties specified in the City Charter, the City Code, and the
laws of the State of Texas, end to perform such other legally
permissible and proper duties and functions as th-s City Council
shall from time to time assign.
SECTION II.
The City Council agrees to pay Debra Adami Drsyovitch for
:her uarvices on annual base salary of $51,800.00 payable in
installments at the same time as other employees of the City are
paid and $100.00 per month car allowance.
SECTION III
An annual performance review will be conducted by the City
Council during the month of October of each year, and the City
Council agrees to increase saW base salary, fringe or other
bonefits in such amounts and ti auch an extent as the %lity
Council may determine that it 1; desirable to do so on the bisis
of the annual performance review made at :he same time co
similar consideration is given to other employees of 04 City.
SECTION IV.
",t is recognized that the City Attorney has to devote a
great deal of her time outside normal office hours to business
of the City, and to that end, the City Attorney will be allowed
to take :Oi.ijonsatory time off as she shall deem appropriate
during said normal office hours, providod, however, the City
Attorury shall devote her entire time to the performance of the
duties .,.,1 shall not spend more than tan (10) hours per week in
teachi,_,: , consulting, or other non-City connected business
without the prior approval of the City Council.
The City Council hereby agrees to budget and pay the travel
and subsistence expenses oz the City Attorney for pri,fep:ional
and official development and to adequately pursue necessary
official and a:her functions for the City, including but not
limited to the Annual Conferences of the Hunicipal Lew Officers„
City Attorney's Association, the Legal Conference of tnoa
American Public Power Association, and such other national,
regional, state or local governmental groups and committees
thereof which the City Attorney serves as a somber.
Trio Cit-, Council alr, agrees to budget into pay for the
Lravel and subsistence expenses of the City Attorney for short
courses, instioutes and seminars that are necessary for our
professional deva'lopmtnt and for the good of the City of Denton.
The City CounCia agrees to budget and pay the professional
dues and s»bscriptions of the Cf~y Attorney necessary for her
continuation and full participation, including the holding of
responsible offices in national, regional, state and local
associations and organizations necessary and desirable for her
continued professional participation, growth and advancement,
and for the good of the City of Denton.
FACE 2
'aI .'~'•t'
SECTION V.
before voluntarily re,vigning her position, Debra Adami
Drayovitch, agrees to give the City Council at least thirty (30)
days notice in writing of her intention to resign, stating the
reasons therefor.
In the event of her involuntary separation as City Attorney,
she shall be entitled to receive P. lump sum payment equal to
sixty (60) days aggregate salary; provided, however, that in the
event of her termination because of her conviction for any
offense involving moral turpitude or any illegal act involving
personal gain to him, then, in that event, the City shall have
no obligation to pay the aggregate severance sum designated
Herein.
Involuntary separation as used in this paragraph means her
discharge or dismisonl by the City Council or her resignation
following a reduction in salary or other financial benefits of
the City Attorney in a greater percentage than an applicable
across-the-board reduction for all City employees or in the
event the City refuses following a written notice to comply with
any other provisions benefiting the City Attorney herein or the
City Attorney resigns, following a suggestion, whether formal or
informal, by the City Council that she resign, then, in that
event, the City Attorney may at her option be deemed to be
"terminated" at the date of such reduction or such refusal to
comply within the meaning and context of the herein severance
pay provision.
SEMON VI.
All provisions of the City Charter, City Code, and Rules and
Regulations of the City adopted by the City Council relating to
vacation mnd sick leave, retirement snsd pension system
contribution', holidays. and other fringe benefits and working
PAGE 3
conditions as they now exist or hereafter say be amended, shall
apply to the City Attorney as they would to other employees of
the City, in addition to said benefits enumerated specifically
for the benefit of the City Attorney, bxce_it as herein
provided. The City Attorney shall be entitled to receive the
same vacation and sick leave benefits as are accorded other
department heads, including provisions governing accrual and
payaent therefor on termination of employment.
SECTION VII.
This agreement shall be effective for a period of one year
from October 1, 1985.
PASSED AND APPROVED this the dey of December, 1985.
ATd►7k(D`0. -STEWA Ts KA YOK
CITY OF DWO:4, TEXAS
ATTEST:
CITY OF DENTOh, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITGH, CITY ATTORNEY
CITY OF DENTON, TEXAS
8Y: /...L~1!l11L~L~ 2 1 C
PAGE 4