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AGENDA
CITY OF DENTON CITY COUNCIL
December 17, .985
Mork Session of the City of 'Denton City Council on Tuesday,
December 17, 19850 at 6:00 p.m, in the Civil Defense Room of
the Municipal Building at which the following items will be
considered:
6:00 p.m,
1. Receive an update on the Affirmative Action Plan.
2. Consider status cf Land Use Planning Committee.
31 Receive a report concerning land to be included in
possible annexation of 296.97 acres being part of the
1. Coy Survey, Abstract 2; go Burleson Survey,
Abstract 93; B. Burleson Survey, Abstract 249; and the
1, Johnson Survey, Abstract 666; (proposed extension
of city limits 3 1/2 miles along I-3SN) (A-26).
4. 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. 1'. S.
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T
D. Board Appointments Under Set. 2(g), Art
6252-17 V.A,T.S,
Regular Meeting of the City of Denton City Council on Tuesday,
Decemhlr 17, 19859 at 7:00 p.m# in the Council Chambers of the
Municipal Building at which the following items will be
considered:
7:00 p.m.
10 Consider approval of the Minutes of tho Regular j
Meeting of November 19, 1985; the Special Called
Meeting of November 26, 198S; and %he Regular Meeting
of December 3, 1985.
i
2. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations, Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations.
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City of Dent n City Cou6til Agenda
Decfix)r 17, 1985`
V
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Listed below are bids and purchase orders to be approved for
payment under the Ordinance section of the agenda. Detailed
back-up information is attached to the ordinances (Agenda items
4.A, and 43). This listing is provided on the Consent Agenda
to allow Council Members to discuss any item prior to approval
of the ordinance.
A. Bids and Purchase Orders:
1. Bid 0 9542 - Pickups and vans
2. Bid 0 9543 - Loader backhoe
3. Bid 0 9545 - Refuse truck
4. Bid 0 9546 - Roll-off truck
S. Did 0 9548 - Distribution transformers
6. Bid 0 955:, - Addition to Haworth panel
syst.,m
7. Bid 0 9553 - Derrick/line body
84 Bid 0 9554 - Sewer flushing truck
9. Bid r 9556 - Radio maintenance
10. Bid 0 9559 - Underground pulling unit
11. Bid 0 9564 - Wooden transmission poles
12. Bid 0 9565 - Enclisures and switchgear
13. Purchase Order 1 71109 to IBM in the amount
of $38,034.00
14. rurchase Order 0 71501 to TRES Corportion
for annual maintenance of Utility Billing
System and Meter Records System in the
amount of $18,600. (The Data Processing
Advisory Board recommends approval.)
B. Plats and Roplats:
1. Approval of }preliminary and final replats of
the Wooded Acres Subdivision, Block 4. (The
P1Anning and Zoning Comajission recommends
approval.)
21 Approval of final re lat of the Sun Valley
Addition, Lot 14, Bplock A. (The Planning
and Zoning Commitsion recommends approval.)
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City of Denton City Council Agenda
December 17, 1985
Page Three
31 Public Hee.,ings:
A, Z-1772. Petition of George Hopkin,,, representing
o'i~m huts, requesting a change in toning from the
single family (SF'-16) to the planned development
(PD) classification on 3,173 acres located east
of Conway Street, west of Lillian Miller Parkway,
and south of 1-3S. The property is more fully
described as lots 61 7, end 89 block 1, of the J.
W. Erwin Addition. If the planned development is
approved, the development of office buildings
will be permitted, (The Planning and Zoning
Commission reciimmends approval.)
B. Z-1776. Petition of Tom D. Tester, Jr.
requesting an, amendment to a planned development
(PD-18) on a 5.3 acre tract loca ,ed at the
southeast corner of Cooper Creek Road and M+ngo
Road. The property is further described as the
Safety Kleeh Plant site, The amendment to the
planned development wi:l permit tho construction
of an addition to an existing warehouse, the
construction of a loading dock, and an addition
to an existing boiler/still room facility. (The
Planning and Zoning Commission recommends
approval.)
C. Z-1777. Petition of Reward Joint Venture
requesting a change in zoning from the single
family (SP-7) district to the planned development
(PD) class iiicatios, on a 2.3 acre tract located
on the south side of U.S. Highway 380 East,
approximately 2SO feet west of Redwood Street.
The property is further described as a tract in
the J.D. Gilley Survey, Abstract 627. If
approved, the planned development will permit the
construction of a two story 34,800 square foot
office building. (The Planning and Zoning
Commission recommends deniaa.)
D. Hold a public hearing concerning the request of
Miller of Texas for voluntary annexation of
801,705 acres situated in the M.B.P. 4 P. A, R.
Survey, Abstract 1470; the B.P. Anderson Survey,
Abstract 161 the E,A. Orr Survey, Abstract 983;
tht C.M. Anderson Survey, Abstract 12; the N.E.P.
& P,R.R, Survey, Abstract 1502; and the T b
Survey, Abstract 13029 Denton County, Texas;
being part of a tract known as the Goldcn Hoof
Ranch and beginning south r)f U,S. Highway 3800
east of FM IS6, and west of Egan .Road. (A432).
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City of Denton 0ty Council Agenda
December 17, 1985
Page Four
B. Hold a public hearing on an ordinance amending
Article 3.07(,A) of Chapter I of Article III of
Appendix A of th9 Code of Ordinances of the City
of Denton, Texas relating to requireme»ts to be
met before beginning construction in new
developments; providing for a penalty in the
maximum amount of $200.00 for violations thereof;
and providing for an effective date. (The
Planning and Zoning Commission recommends
approval.)
1. Adopption of an ordinance amending Article
3.07(A) of Chapter I of Article III of
Appendix A of the Code of Ordinances of the
City of Denton, Texas relating to
requirements to be met before beginning
construction in new developments; providing
for a penalty in the maximum amount of
$200.00 for violations thereof; and
providing for an effective date.
F. Hold a public hearing on an ordinance amending
Chapter 2 of The Code of Ordinances of the City
of Denton, Texas by adding a new Article V to
provide for procedures for the sale of city-owned
real property; providing for a severability
clause; and providing for an effective date.
(The Planning and Zoning Commission recommends
approval.)
1. Adoption of an ordinance amending Chapter 2
of The Code of Ordinances of the City of
Denton, Texas by adding a new Article V to
provic;e for procedures for the sale of
city-owned real property; providing for a
severability clause; and providing for an
effective date.
G. Hold a public hearing on an ordinance amending
Articla 29 of Appendix B-Zoning of the Code of
Ordinances of the City of Denton, Texas by
raising the maximum fine to $1,000.00 fv1.
violations of the Zoning Ordinance; providing a
severability clause and declaring an effective
date. (The Planning and Zoning Commission
recommends approval.)
1. Adoption of an ordinance amending Article 29
of Appendix B-Zoning of the Code of
Ordinances of the City of Denton, Texas by
r0 sing the maximum fine to $1,000.00 for
violations of the Zoning Ordinance;
providing a severability cla(Ise and
declaring an effective date.
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City 'of Denton Ciry'Council Agenda
December "17,.19d5
Page Five
4. Ordinances:
A. Consider adoption of an ordinance acce,pting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services,
B, Consider adoption of an ordinance providing for
the expenditure rf funds for purchases of
materials, equipment, suppliev or services in
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids,
C, Consider adoption of an ordinance amending
Chapter 21 of the Code of Ordinances to provide
for the prevention and abatement of litter upon
public streets; providing for a maximum penalty
of two hundred dollars ($200,00) for violations
thereof.
D, Consider adoption of an ordinance and sere+ce
plan instituting annexation of 136.588 acres
beginning approximately 500 feet east of the
centerline of U.S. Highway 377 and south of Brush
Creek Road, and being part of the George M,
U jgherty Survey, Abstract 3S1 (A-11). (The
r inning and Zoning Commission recommonds 1
approval.) J
B, Consider adoption of an ordinance and service
plan instituting annexation -i£ approximately 11
93,67 acres beginning 350 feet south of and
perpwndicular to the centerline of U,S. Highway
330 and east of Geesling Road (A-W. (The
Planning and Zoning Commission recommends
approval,)
r, Consider adoption of an ordinance and service
plan instituting annexation of approximately
34.68 acres situated in the M. Forrest Survey,
Abstract 417, and beginning approximately 2S0
feet south of and perpendicular to the centerline
of FM 426, approximately 2,000 feet east of
Mayhill Road (A-14), (The Planning and Zoning
Commission recommends approval,)
G, Consider adoption of an ordinance and service
plan instituting annexation of approximately
42,35 acres situated in the S, Hultar Survey,
Abstract 5149 and beginning ;;pproxi;iately 500
feet north of and perpendicular to the .enterline
of U,S, Highway 380 and west of Masch Branch
Road (Avis), ('The Planning and Zoning
Commission recommends approval,)
i
City of be'nton City Council Agenda
Deccwber'17p 1985
Page Six
H. Consider adoption of an ordinance and service
plan instituting annexation of approximately ISO
acre,4 situated in the D. Hough Survey, Abstract
6469 and beginning west of Mayhill Road,
approximately 40000 feet north of 1.35 (A-17).'
(The Planning and Zoning Comnisiton recommends
approval.)
1. Consider adoption of an ordinance- and service
plan instituting annexation of', approximately
60.38 acres situated in the G. talker Survey,
Abstract 1330, and beginning adjacent and east of
Edwards Road approxiwately 1,000 feet east of
Mayhill Road (A-18), (The Planning and Zor.ing
Commission recommends approval.)
J. Consider adoption of an ordinance approving a
change in zoning from the agricultural (A)
classification to the planned development (PD)
district on a 27.29 acre tract at the southeast
corner of ?1 1830 and Hobson Lane (Z-1756).
(The Planning and Zoning Commission recommends
approval.)
K. Consider adoption of an ordinance amending
Ordinance No. 85-160 to provide for a corrected
legal description of the property thereby
rezoned; and providing for an effective date
(Z-1759).
L, Consider adoption of an ordinance for abandonment
of casements in Southridge Village Shopping
Center. (The Public :tillties Bof,rd and the
Planning and Zoning C(.maiission recommend
approval.)
M. Consider adoption of an ordinance a,.cepting this
Proposal of Arkwright•po~ton Insurance Con pang
or boiler and machinery insurance.
S. Resolutions:
A, Consider approval of a resolution approving
year-end budget adjustments for Fiscal Year
1984.85.
91 Consider arprova'i of a resolution adopting six
(6) personi~al policies:
11 Identification Card;t 102.12
2, Employee Puts. Gate " .cess Cards 102.1
34 problem Solving 115,02
4, Dress Code 100,07 0
5, Sexual Haraissement ' 108.10
66 Death in Patiily Leavit 111106
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City of Denton City Council Agenda
December 17, 1985
Page Seven
C. Consider approval of a resolution reaffirming the
goals of the Plus One Program, (The Public
Utilities Board recommends a pprovbl.)
D. Considp., approval of a resolution }uthorizing the
City Manager to make payment to Delhi Gas
Pipeline Corporation in connection with the
relocation of certa'An pipelines and facilities.
c. ufficla) Action on Executive Session Items:
A. Legal )tatters
B. Real Estate
C. Personnel
G. Board Appointments
7. New Business:
This item pzovides a section for Council Members to
suggest items for future agendas.
8. Executive Sos:;ion:
A. Le ai 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.
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
D. Boa r(1, Appointments :ader Sec. 2(g), Art
6252-17 V.A.T.S.
C E R T I P I w A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hail of the City of Denton, Texas,
on the day of , 1985 at o'clock
CITY SECIETXXT
2008C
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DAM 12/17/85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svenla, Acting City Manager
SUBJECT: Affirmative Action Plan
RECOMMENDATION: Reoavend that the Council study revisions to the
City's Affirmative Action Plan.
SLAIMARY: Statistical updates have been 1L 3e to the Affirmative
Action Plan as wail as general refinenants. As a
wtrole the elan and Equal &nloyment O> x+l'tuniticf, policies
rr"in intact.
BACKGROUND: The City's Affirmative Action Plan was adopted by the
city "Icil on October 21, 1'81. The revised plan
is beixl oresentod to the Council for review and re-juires
rbo action.
PROGRV,S, DEPARTMENTS OR GROUPS AFFECTED:
All present and nm1pective City eMlovees
FISCAL IMPACT: Unkrom.
Respec~.fully su.mi+:ted:
:j00-,2
-Vyf It- Ri`dkr WThW c n-
P pared by q City Manager
a e i
Title
• ApP `
Name
Title
Dog I lpp/g3
CITY COUNCIL RESORT l1rRMAT , O
TOt Mayor and hambers of thb City Council
PROM: Rick avahla, Acting City Manager
SUBJEC'tt COMM STATUS OV LAND USE PLANN:NO COMlIITTEE
RCOMMENDATIOKt
Staff :.ecottmcnds approval of a represent'.tive fray each of the
cities of Cortath, Argyle, Shady Shores and Hickory Creak as et~-nbers
of the Land Use Planning Committee.
SUMKAM
The study area for the Melopmetit Guile update will include the
cities of Corinth, Hickory Creek and parts of A LVIe and Shady
Shores. This is the same area considered by the wastewater
collection system master plan.
BACKOROUIfD:
As the current and future provider of water and wastewater services
and facilities, the City of Denton needs to be kept informed with
respiot to future land use planning and development in these areas.
~RO(iRAMS. L1~?N1iKT9 QB r1ROUPS AFFECTBD:
The Planning and Development Department will consult with other
departments so as to insure proper s-.'sgration of sector
plans/polf,oies and programs.
FISCAL LIWACT I
Res illy sub lttedt
1
Acting i y Manager
Prepared by.,
Herry P Baud
Urban Plsnner
Appru d:
Jeft Meye r
Director of Planning
WA Development
1~71g
jo, 71,17- .ea ,r t y ry r i ` 14' ,.y 4frK:.~~i h• i d~,': n M n' ! 8
A z e
CITY OF DSNTOU
KBKORANDUK
DATg: December 11, 1985
TO: Kewor and Kesabers of the City Council
YROKt Jeff Keyer, Director of Planning and Development
SUBJECT, CONSIDER STAMM Of LAND USE PLANNXNG COMMITT68
On August 20, 1985, the Ci';y Council approved of a work program to %•idertake a
major update of the Denton Development Guide. The work program sets out the
groups and organizations to be represented on the Land Use Planning Committee.
Since that time, we have been engagod is technical studies which are required
for the planning prooeas. One of these studies dealt with the delineation of
the planning area boundary. In view of the impacts which utility intrastruotures
tend to have on land use patterns and vice versa, it to ra:e4otended that tl;a
planning area be consistent Wh the wastewater collection system meetec plan.
This study area includes the cities of Corinth, Hickory Creek, and part of Shady
Shores and Argyle. As the carront and future provider of water and wastewater
services and facilities to those cities, it is important for the City of Denton
to be updated with respect to their future planning and developoknt. The
requirements for water and wastewater inf setructuree will be determined by the
type and pattern of land uses to be developed in these areas. 'there is need to
establish close chaanels of communication between the City of Denton and the
cities Corinth, Argyle, Shady Shores, and Hickory Creek if the City of Denton is
to continue to meet their needs in the tong terse.
As part of this continuing pr,,.dss of consultation, it is recommended thRt a
representative from emob of these cities be icaluded as members of the Land Use
Committee.
Jeff
od
00300
5'
>
DA'~E: 12/1Q/6'~
CI1K ,CQNq1te (ton FORKA1
To: Mayor and Members of the City COUneil
FROM Rick S,erhta, Acting City Manager
SUBJECT: RECEIVE A REPORT CONCERNING LAND TO BE INCLUDED I,I POSSIBLE
ANNEXATION OF 296.97 ACRES BEING PART OF THE I-COI SURVEY,
PASTRACT 2; N. BURLESON SURVEY, ABSTRACT 93; S. BURLESON SURVEY,
ABSTRACT 249; AND THE K. JOHNSON SURVEY, ABSTRACT 666; (PROPOSED
EXTENSION OF CITY LIMITS 3 1/2 MILES ALONG L-3511) (A-26)
RECOMMENDATION:
{
The Planning and Zoning Commission recommends approval of that
annexation.
SUMMARY: {
Annexation of a 750' strip would incorporate all or a substantial
portion of 13 out of 18 existing uses along the proposed 3 1/2 mile
corrldor (7 residential and 6 non-residential). Annexation of a
500' strip would take in 807 of the facilities at Love's Truck Stop,
a maximum of 5 to 10 feet of the front facade of the main building
at Smith Brothers P.oping Supply. A maximum of 5 to 10 feet of a
single family residence a;A all of an abandoned single family
residence (total of 4 uses).
~9,~.~.454.~l~2=
The City Council directed staff to consider extending Denton's city
limits along I-35. No additiotial action by the City of Sc,nger since
expansion of its extraterritorial jurisdiction has been brought to
Staff's attentiun.
PROORAMS DkPARTMENTS OR GROUPS AFFECTED:
Property owners and City op,,rations responsible for providing basic
services. There are twenty (20) owners of property included in
the proposed area of annexation according to current information
taken from the tax rolls.
FISCAL IMPACT:
Undetermined
R pee lly s mit s
Prepared b : Rick SveGla
Acting City Manager
David Ellison
Se:,tor Planner
Ap o
Jett Mo fA
D.treotor "ef Pl~aninll
and Development 1112e
*f 'l 9rd r. t ,s, v.+n M1•t ;,N il. Y n.
z CITY OF DENTON
KdKORANDUK
DATE: December 12, 1985
TOt Kayor and Kembers of City Council
FROM. David E111son, Senior Planner
SUBJECTt POSSIBLE EXTENSION OF THE CITY LiKITS APPKOXIKATILY THREE AND ONE
HALF KILES ALONG I-35N (A-26)
The City Council requested information concerning businesses and residences
that will be included in the abive referenced ann.,~xatton, it approved.' The
attached information was gathered using the beet available maps and asel.als.
Keasurements and distances provided were estimated without benefit, of
sophisticated equipment and techniques, used when doing formal evrvoys, but
the information to accurate enough to give a better picluve of the potential
impact of the proposed annexation on affected properties.
Staff has attempted to show how ,glruotur+I within reasonable proximity of both
a 750' and a 500' strip will be affected. All property frontage outside of
highway department R.O.W. is affected to varying degrees along the entire.
three and one-halt mile stretch (front ye.rds), but few businessed, ur
residences, or structures would be Snoiuded in a 500' strip. Annexletion of
the 750' strip would include a significantly greater number of main uses.
Specifically, all or a substantial portion of 13 out of lA main structures or
uaes would be annexed in a 750' (trip (seven nonresidential uses and six
re4idential uses). All of an abandoned res.dence, eighty percent of the
facilities at Love's Truck Stop, and a maximum of five to ton feat of the
front portion of Smith Brnthere Roping Supplise and a single-family residence,
are the only uses or structures that would be annexed within a 500' strip. A
total of 20 owners of properties are included W the proposed area of
annexation according to current information taken from the tax rolls.
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y
Mayor a 1 Hoo''bere of City Council
December i,2 f` 1985
Page 2
The City Council must take final action within 90 days after November 24, 1985
(date of institution of annexation prooeadinae), otherwise, the annexation
process suet be reinitiated from the beginning. It the City Council chooses
to reduce the width of the strip to 500 feet, an amended final ordinance must
be published at least 30 days prior to the date of final action. The earliest
regular meeting that final action can bo scheduled for with respect to a 750'
strip is January 7, 1916. The latest possible date that final action can be
taken, regardless of the width of the strip, is February 22, 1986. ':f the
area of annexation to reduced staff should be able to make revisions, publish
an ordinance, and schedule final action, it a decision to do so is'aade no
later that the regular City Council misting of January 7, 19W
p~
David 111ioon
od
2nolorre
0037o
A-26
STRUCTURES AND USES
I { T APPROXIMATE I I I I
I DISTANCE FROM I 1APPROXIMATE I I
j I SDGg OF SERYiCE IFROM CENTER LINE (PORTION OF 1POR7109 OF I
TiPE OF USE I ROAD TO FACE OF OF I-35 TO FACE IMAIN STRUCTURE {MAUI STRMCTURE I
(
(AN OWNER) i-0CATION ( MAIN STRUCTURE }OF lt!IN- g?RUCTURBIWItHIN 750, SIRIPIYI9'4flY 500 STRLPI
{ I. PROFE88ION-1 west side of 1 138 rest I 320 feet I All ` None
I AL OFFICE l I-35N, north of I I I I I
1 (D.C.L.D. { and abutting { {
1 CORP.) I Case As Rodolphol
2, CASA DE west side of 1 110 rest 1 310 feet I All of restau- I None or rsetau- {
I RODOLPHO { 1-35H approxi- { { rant and sign rant (sign only)
1 MEXICAN FOODI mately 1,700 I { i I
RBSTAURANT I feet north of { I ` `
(RODOLPHO I Rector 11os4
I I i
CRUZ) { overpass 1 I I I {
1
3. SINGLE I West side of 115 feet { 270 feet 1 All I None I
I FAKILT 1 I-35N approxi- I I I
RESIDENCE { mately 900 feet 1 I I I
(UNCERTAIN 1 south of Casa I {
OF CURRENT de Rodolpho
1 OWNER) 1
SINGLE west side of { 80 rest 230 feet I Al 01 ( Maximum 5-10 {
I 1 I
I FAMILY { I-35N approxi- feet of front
( I ; I face of building;
RESIDENCE { mately 400 feet 1 I
1 (UNCERTAIN ( north of Rector ( I
O i I
OF CURRENT ` Road overpass
I
I 5. SINGLE I west side of 70 feet ! 270 feet { All i None
rAMLLY 3 corner
RVBIDRNCE 1 ofRector Road
1 I 1
j
1 (RONNIE { west VA I I
I SCHERTZ) service read l 1
L..... _ _
1116)
A- 26
December 12, 1985
Page 2
I 1 I APPROXIMATE I 1
I DISTANCE FROM I (APPROXIMATE I
I I I EDON OF SERVICE (PROM CENTER LINZ (PORTION OF IPORTION OF I
I TYPE OF USE ! I ROAD TO FACE OF IOP I-35 TO FACE (MAIN STRUCTURE WAIN STRUCTURE) I
(AND OWNER) i LOCATION i MAIN STRrOURR JOE MAIN STRUCTUREIWITHIN 750, STRtPIWITHIN 500' STRIP;
I 6. SINGLE I west side of 1 70 feet 270 feet 1 411 I None
FAMILY I I-35N adjacent I I I !
RESIDENCE I and south of I I
(WALTER I residence above I I I ! 1
I SCHUTZ) ; I 1
1 I i- I 1 _ I I
! 7. MOBILE HOK91 West side of I I I I
RESIDENCE 1 I-35N adjacent 245 fast i 390 feet i Ncne i None I
I (CARL AND I and north of Biel I !
I OLENDA I Ter. Sandblastingi `
I VIAZANT) I Co. I
f I
! 8. BIG Tex I West side of 1 1 ~ 1
I Ist North oft 140 feet 1350-400 feet I No More Than 1/!;l None of Baildingl
I SANDBLASTING TeX
I CO. 1 P.M. 15b I i of Structure I (Replica or
I statue
(GLEN OOODE) ( I I of Big j
Tex within 50091
1 9. PAUL•S ( West side of I 300 test 1 420 feet JNone of Building INone of Building I
I CE9AeIRVE I-35N 1 I I(Entranoe and I (Entrance d Signl
I (Paul Mmrtlel I ( I Sign only) i only)
1 Blagg) I I 1 I I I
I I I I _I
1 10. SINGLE tweet side of 1 50 feet i 255 feet None I None
1 PAMILY RES. 1 I-35N at Milan
I (AL111"'CZ) Road overpass
I I
l ~ i I
111bj
A-~a
December 12, 1985
Page 3
{ { { APPROXIMATE { I I
{ I 1 DISTANCE FROM { IAPPROXIMATE 1
EDGE OF SERVICE FROM CENTER LINE {PORTION OF (PORTION of
I TYPE OF USE ROAD TO FACE OF ]OF I-35 TO FACE (MAIN STRUCTURE (MAIN STRUCTURE I
(AMQ OWNER) i L04ATION MAIN STRU21URR kOF MAIN STRUGTURAIWITHIN 750' STRIPIVIT IN 500' STRIP`
{ 11. BLUE MOUND West side of I 135 feet { 270 feet I III of Building I None of Buildirzj
I METHODIST { t-35N approxi- I I ( I I
I CHURCH { mately 1,600 tt.1 I ( I
I (BLUE MOUND I south of Milam 1 I I I I
j M9?H0DIST I tw. overpass ( ( I I {
j CHURCH) I I I I I I
12. BLUE MOUND 1 South and Ad- I 140 feet I 250 feet { Approximately { ::une {
CEMETERY I jacent to Church] I { SOx of cemetery { I
i 1 I I I I
13. BLUE MOUND { South and ad- I 130 feet I 210 feet { All ( None
1 { I I
j COMMUNITY i 3acent to coma- I I ( 1
CENTER tery I I I 1 I
I I I _I _ I l I
1 14. SMITH BROS.1 West side of 1 130 teat j 255 feet { 90% of K4- In { Maxim m 5-10 ft.1
{ ROPING SUP- ( I-35 approxi- I I I Building and I of front face
PLY (JOHN 1400 ft. North { { I Entrance I of stain buildingl
{ T. SMITH) j of Center Road ( { I ( (Entrance rate I
{ I overpass { I ( { within 500'
1 1 I -l I strip) I
115. CAUBLE { East side of { 410 feet { 570 feet I None of Main j None of main I
I STABLES 1 I-35N approxi- I { I Building { building l
j (CAUBLE I mately 400 ft. I ! (Entrance gavel (Entrance only)1
j ENTERPRIBES)~ south of Milan { only) I I
I I Rosd overpass
1116]
A-26
December 120 1985
Page 4
APPROMATS I
I I D18TAXIM EROK I IAPPROXIKATE 1 1
I I I EDGE AF SERVICE IFROd CENTER LINE (PORTION Oi? 1POR7ION OF I
l TYPE OF USE I ROAD Tot PACE OF (OF I-35 TO FACE (WAIN STRUCTURE 1WAII, STRUCTURE I
1 (AND OWNER) 1 LOCATION l MAIN STRUCTURE IOF WAIN STRUCTUREIWITHIN 750OTRIRIWITHIM SQQI S"RIP1
1 16. LOVE'S I Bast side of 1 58 feet ( 160 feet ( All Facilities 1 80% of struoturel
I STOPS I I-35H approxi- l to canopy ( ( 1 and facilities 1
I (UNCERTAIN i mate!.y 400 ft. I i I I I
I OF CURRENT I south of Kilem I 80 feet I I I I
OWNER) l Road overpass l to Canopy
I I I
17. KOBILS kOK21 6aet olds of I 160 feet I 330 feet ` All i None
1 RESIDENCE I I-35N approxi- l I
(UNCERTAIN I mately 3.200 tt.l I I I
I OF CURRENT I North of Kilem i 1 I I i
OWNER) 1 Road overpass I ( I I I
I I I I - I I I
118. ABANDONED I Bast side of I 115 feet 1 240 feet 1 ALL ; ALL `
I RESIDENCE 1 1-35N approxi- I I I
I (UNCERTAIN ( mately 2,200 ft.l l I I I
OF CURRENT I south of Rector I { I I I
OWNER) ; Rom overpass
j { j 1 I I
1 I I I I I ~
' f I l I I I I
I l 1 l j
1116
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lot
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PROPERTY OWNER' REPLY FORMS
CIV COUNCIL
A-26 •%`Y jF ~`t@ ~'yy,\~ .1 Y( t Y ~7`O Y.'k..,t4!iF'!v A~;:' 'sn n,•'~.., 7 $'y'r t . ; Y.'_ . .9 n . t
IN FAVOR IN OPPOSITION UNDECIDED
None Received Albert Schertz
r Route 2, Box 725
Sanger, TX
John C. Garrison
Route 1, Box 715
Sanger, TX
Da.-in Goode
Route 1, Box 707
Sanger, TX
Albert H, Linenschmidt
Route 1, Box 485
Denton, TX
Bobby Jack Linenschmidt
6818 Patrick
Dallas, TX
Virginia L. Singleton
6523 Lake Circle
Dallas, TX
Mary Orsch Linenschmidt
6818 Patrick
Dallas, TX
John T. Smith
I-35 & Ganzer
Denton, TX
Walter W. Schertz
Route 1, Box 704
Sanger, TX
Steve Mallon
Cauble Enterprises
P.O. Box 1926
Denton, TX
D,,C.L.D. Corporation
P.O. Box 247
Sanger, TX
Casa De Rodolfo Restaurant
P.O. Box 427
Sanger, TX
Intratex Land & Cattle Co.
P.O. box 2,47
Sanger, TX
(not on mailing list)
r na
wt `n 5
A-26
ANNEXATION SCHBDULB
v September 23, 1985 Submit agenda item
September 24, 1985 Submit agenda bacK-up
October 1, 1985 City Council sets date, time and place
for public nearing
~✓/October 2, 1985 Notice to Denton Record Chronicle
October 4, 1985 Publish notice and mailout
October 7, 1985 Submit agenda item
✓ October 80 1985 Submit agenda back-up
v~ October 150 1985 City Council holds first public hearing
✓Octooer 161 1985 Notice to Denton Record Chronicle
t,-October 18, 1985 Puoliah notice and mailout
L,,~October 28, 1985 Submit agenda item
,,Actober 29, 1985 Submit agenda uack-up
Lf'~November 5, 1985 City Council holds second public hearing
L--`N~ovemoer 11, 1985 Submit agenda item
L--lovemher. 12, 19d5 Submit agenda back-up
November !.91 1986 City Council institutes annexation
proceedings
November 21, 1985 Ordinance to Denton Record Chronicle
r/November 24, 1985 Publish ordinance
December 30, 1985 Submit agenda item
December 31, 1985 Submit agenda back-up
January 71 19e6 Final action by City Council
Denotes action by the City Council
0964g
.,.r2 , ~~,i 'W;. 5 e'i v za 7 h ~•e r j1 `fit X,
3 r j He . _t
City crunch minutes
November 19, 1g8S
The Council convened into the Work Session at 5:30 p,m, in the civil
Defense Room,
PRESENT: Mayor StewAttj Mayor Pro Tom Hopkins; Council Members
Alford, Chew, McAdams, Riddlesperger and Alford
Acting City Manager, City Attorney and City Secretary
ABSENT: None
1. The council received a presentation of a Parks and
Recreation Department slide show.
2. The Council held a discussion of a resolutiom t'i adopt two
personnel policies.
Kathryn Usrey, Director of Personnel, r,*)orted the two policies on
the regular agenda for pascage were the result of the Fair Labor
Standares Act and dealt with overtime and sick leave. Many staff
hours had gone into the preparation of these policies to comply with
the new regulations. The FLSA enforcement would begin in April of
1986 and due to amendments which had been made to the Act$ staff
would recommend a reconsideration of the compensatory time policy.
Acting City Manager Erick Svehla repotted that revisions and
adjustments had been made in preparation for compliance with the
Fair Labor Standards Act. Emile them had been changes to the Act
prior to final approval, staff felt it would not be in the best
interest of the employees to repeal the new policies.
Uarey reported At two changes had been made in the sick leave
policy. Under the old policy, sick leave could not be used until
the employee had been with the City for six months. The six month
provision had been changed to one month. The Department of Labor
would consider this to be a legitimate Sick leave plan.
Mayor Pro Tem Hopkins asked what was the maximum amount of sick
leave an employee could accrue.
Usrey responded 720 hours for all employees except the Police and
Fire Departments.
The second change to the sick leave policy dealt with the pr„yment of
sick leave benefits to the surviving spouse of a deceased employee.
3. The Council was presented with the proposed draft of
'Selection Procedures Manual' for filling Council appointed
positions.
4. The Council ronVened into the Executive Session to discuss
legal matters, real estate, personnel, and board appointments. No
official action was taken.
The Council then convened into the Regular Meeting at 7:00 p.m. in
the council chambers.
PRESENT: Mayor Stewartj Mayor Pro Tom Hopkins] Council Members
Alford, Chew, McAdams, Riddlesperger and Alford
Acting City Manager, City Attorney and City Secretary
ABSENT: None
1. Consent Agenda
Item 11.8,2 was removed from thw Consent Agenda by the petitioner.
McAdams moti-OA, CSew second to approve the Consent Agenda with the
exception of item 1.8.2. Motion carried unanimously.
S ti a~ t' ~ a 1 f vIfiy :T
city of nenten city council minutes
Me! ing o: ;,oveaber 191 1965
Page Two
Consent Agendai
A. Bids and Purchase Orderst
1. Bid 1 9533 - Automatic transfer device
2. Bid # 9536 - Windsor West Addition participation
3, Bid # 9539 - Asphalt nverlay
Purchase order 1 70125 to Xerex Corporation in
the amount of $17,002,44
5. Purchase Order # 70126 to Xerox corporation in j
the amount of $19,69t.04
6, Purchase Order 1 70130 to Xerox Corporation in
the amount of $19,116,00
7. Purchase t,rder # 70716 to I.B.M. in the amount of
$31,236,00
8. Purchase order # 10719 to I.B,M, in the amount of
$11,208.00
9. Purchase order # 70720 to I.B.M, in the amount of
X55,867.68
10. Purchase Order # 70606 to Xerox Corporation in
the amount of $11,067,00
11. Purchase Order 1 70903 to Jcin Cohagen In the
amount of $11,985.06
12. Purchase Order # 71011 to Floyd Glenn Smith in
the amount of $210885.00
a. Plate and Replater
1. Approval of preliminary plat of the Forrestridge
Addition, Section III0 Blocks F, G and H, (The
Plannirg and toning Commission recommends
approval,)
(RLMOVED BY 2. Approval of final replat of the Southridge
PETITI0NLR) Vil.age Shopping Center Addition, Lots 1, 2 and
3. (The Planning and toning Commission
recommends approval.)
3. Approval of final replat of the Cooper Landing
Addition, Section II, Lots 1-15, Block 1. (The
Planning and toning Commission recommends
approval,!
Approval of final replat o: the Cooper Landing
Addition, Section 3V. (The Planning and Zoning
Commission recommends approval.)
2. The Council received a report from the City of Denton
Sesquicentennial Committee.
Mr. Frank Davilla, Chairman of the City of Denton Sesquicentennial
Committee, administered the Texas Pledge of Allegiance to
Mayor Stewart and Council Member Chew, makin them honorary Texanr„
Mr. Davilla reported that several activities had been planned during
the Sesquicentennial year. Two of the larger events k•ere the wagon
train which was scheduled to stop in Denton on June 24 and a book
which was being prepared giving a historical picture of Denton,
Mr, Davilla distributed a packet of information on the varlocs
activities.
v n~ K N .E w r v ♦ i .t n~ Ss1
i.
City of Denton City. Council Minutes
Meeting of November 190 1985
Page "three
Mayor Stewart thanked Mt. Davilla and the entire committee for the
work which had been accomplished.
3. The Couavil received a presentation of the Gold Medal Award
from the Sports Foundation,
Steve Brinkman, Director of Parks and Recreation, reported that the
Gold Medal Award had been presented to the City of Denton from the
Sports Foundation, This award was a recognition of Parks and
Recreation Departments from around the country and the departments
must be nomin,ted by a local sports center. There were five classes '
of awards, ceterminod by population from the 1380 censis. Dentor;
was a finalist in 1984 and this year was chosen as the brand award
winner and had received a plaque ahd a check fol $100000.
Mr. Brinkman thanked the city staff, the Council and the,Parks and
Recreation Advisory Board for their support.
Brinkman then presented the plaque and check to mayor Stewart,
4. Public hearings
A. The Council held a public hearing on the petition of
Sharon K. Morris, requesting approval of a specific use permit in a
single family (SF-10) zoning district at 623 Lctor Street. The
property is located at ttte southwest corner of Sena and Ector
Streets. if approved, the specific use permit would allow the
operation of the Jane Marshall School in the single family (SF-10)
zoning district, S-185
The Mayor opened the public hearing.
Mr. David White, representing Sharon K, Norris, spoke in favor
asking the Council to follow the recommendation of the Planning and
Zoning Commission for approval.
Mayor Pro Tem Hopkina asked what type of school this would be.
White responded the school wculd be for children with learning
disabilities.
Mayor Stewart asked if tb9 school was associated with the church.
Mr, white responded1 the school would be housed in the St, David's
Episcopal Church.
Council Member Ma dams asked, since this was such a highly
specialized school, why the petitioner felt the need for an
additional sign .
Mr. White stated the petit'iner did not want people coming to the
school and walking thro6get the church and disrupting any activities
which the churc'A might have.
Council Member McAdams asked what size the sign would be,
Mr. White reepo:sded that he did not know.
Mayor Pro Tom Hopkins asked if the sign would iu attached or
detached.
Mr. White replied there would be one detached sign on Sena Street,
which was not a thru street.
Council Member Stephens asked if an additional condition could be
attached to the zoning request which would state that signing would
be made with the advise and consent of city staff.
No one spoke in opposition,
The Mayor closed the public heating.
777,7777
City of Delitcn City council minutes
Meeting of No;ea,ber 190 1985
Page Four
Cecile Carson, Urban Plantar, rep%"ted that the property would be
utilized partially as the Jane Marshall School, which operated
regular school hours. There would not be any bussing of students to
the schcal. This was a single family neighborhood in a low
intensity area. Twenty two reply norms had been mailed with two
returned in favor, two returned in cpposition and one returned as
undecided. The Planning and zoning Commission had recommended
approval by a vote of 4 to 3. While the Planning and Zoning
Commission was unanimously in favor of the land use, this was a
single family neighborhood and there was a concern regarding the
s.gns. Sena Street wag not a thru street but rather access to the
parking lot at the church, The Pit had recommended no detached
signs on £ctor Street,
McAdams motion, Chew second to .pprovs the petition with the
cunditt that the petitioner work with city staff regarding the
signs. Motion carried unanimously.
B. The Council held a public hearing on the request of
the City of Denton for
anne)atlon of 136.580 acres beginning
approximately 50U feet east of Lhe centerline of 11.S. Highway 377
and south of Brush creek Road, and being part o! the Georg(- No
Daugherty Survey, Abstract 351 A-11.
The Mayor opened the public hearing.
Cecile Carson, Urban Planner, spoke i, favor stating that this
annexation was being returned to Council due to a problem with the
,•uolication and notification process, There were no changes in the
petition and a preliminary plat had been filed. Two reply forms had
been mailed with zero returned.
No one spoke in opposition,
The mayor closed the public hearj,g.
Riddl sperger motion, Stephens second to proceed with the
annexation, motion carried unanimously,
s:. Ti,♦ Council held a public hearing on the request of
the City of Denton for annexation of approximately 93.67 acres
beginning 350 fee; south of and perpendicular to the centerline of
U.S. highway 360 and east of Goesling Road A-13.
The Mayor opened the public hearing.
Cecile Carson, Urban Planner, spoke in favor reporting that the
proposed land uae was for an expansion of a mobile home park. No
development was anticipated in the near future. One reply form had
been mailed with zero returned.
Council Member Stephens asked if this annexation petition was
voluntary or involuntary.
Carson responded $.his petition was involuntary.
No one spoke in rpposition.
Thii Mayor closed the public heari~jg,
Stephens motion, Chew second to proceed with the annexation, Motion
carried unanimously.
D. The Council held a public hearing on the requeat of
R. 0. McDonnell for annexation of approximately 31.66 acres situated
in the M. retreat Survey, Abstract 117, and beginning appfo.imately
210 feet south of an^ perpendicular to the centerlin of i'M 1261
approximately 2,000 feet east of Mayhill Road A-14.
City of Denton city council minutes
Meeting of November 14, 1985
Page live
The Mayor opened the public hearing.
Cecile Carson, Urban Planner, spoke In favor reporting that a
preliminary plat had been submitted and the final plat for this
property had been approved. One reply form had been mailed with
zero returned.
No one spoke in opposition.
The Mayor closed the public hearing.
Stephens motion, chew second to proceed with the annexation, Motion
carried unanimously.
E. The Council held 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 5110 and beginning
approximately 500 feet north of and perpendicular to the centerline
of U.S. Highway 380 and west of Masch Branch Road A-15.
The Mayor opened the public hearing.
Cecl,le Carson, Urban Planner, spoke in favor reporting that the
property was owned by Tri-Steel. This was an involuntary annexation
and no development was anticipated. One reply form had been mailed
wil.h zero returned.
No doe spoke in opposition.
Th,r Mayor closed the public hearing.
Hopkins motion, Stephens second to proceed with the annexation.
Motion carried unanimously.
F. The Council held a public hearing Ln the request of
Hammett i Nash, Inc. and the City of Denton for annexation of
approximately 150 acres si,,uated in the D. Hugh Survey, Abstract
646, and beginning west of Mayhill Road, approximately 4,000 feet
north of -35 A-17.
The Mayor opened the public hearing.
Cecile Carson, Urban Planner, spoke in favor reporting that this was
a joint voluntary/involuntary annexation. A zoning case wag in
process and would be heard by the Planning and Zoning Commission on
December 4. 31x reply forms had been mailed with zero returned.
Mayor Pro Tem Hopkins asked what was meant by a voluntary/
involuntary annexation.
Carson replied that 50 acres of the parcel was voluntary for light
industrial zoning and annexation, Staff had included an additional
lt0 acres.
Mayor kro Tom Hopkins asked if staff had included enough of the
ad3acent Brea it the involuntary portion.
Carson responded that staL_ was waiting for more voluntary petitions
In this area.
No one epoko in opposition.
7'he Mayor closed the public hearing.
Hopkins motion, Chew second to proceed with the annexation. Motion
carried unanimously.
City of Dentor City Council Minutes
Meeting of November 190 1965
Page Six
G, the Council held a public hearing on .Ae request of
Redditch Investment Corporation for unnoxat:.on of approximately
60.36 acres situated in the G. Walker tutvey, Abstract 1336, and
beginning adjacent and east of Edwards R>ad approximately 10000 feet
east of Mayhill Road A-18.
The mayor opened the public hearing.
Cecile Carson, Urban Planner, arks in fiivor reporting that this was
a voluntary annexation; request in c:1njunctlon ukth a plannee
development. No platting or development had occdrreo, one reply
form had been mailed with jero returned.
No one spoke In oppositio,i.
The mayor closed the public hearing.
McAdams motion, Riddlesperger second to proceed with the
annexation. Motiost carried unanimously,
H. The Council held a public hearing on an ordinance
amending Article I, Chapter 111 (8) of Appendix A of the Code of
Ordinances to prohibit tec,)nsideratlon of a variance request made
within the preceding twelve months; and declaring an effective date.
Cecile Carson, Urban Planner, spoke in fa -or reporting that the
primary purpose for this ordinance was to have uniform requirements
for thr smounr, of time between an item being denied and being
brought back to the Planning and Zoning Commission and the City
Council. The ordinance was similar to one approved by ►he Council
concerning zoning cases which stated that a request fo, the same
zoning or a higher zoning could not be brought back for one year
after denial by tht> Council. Currej.tly there were no limits on the
number of times or tnr time frame between submittals of a variance
request, if denied. The Planning and Zoning Commission, Development
Review Con,mitte~ and Planning and Community Development Department
felt a time limit: should be placed on this request as a variance
request would not change significantly in a year's time when capital
improvements or development in the area might offoct the variance
request.
Maycr Pro Tom Hopkins asked if there was i provision to allow a more
timely resubmittal if there had been a change in the structure or
zoning situation on adjacent property ;hich might brinS about the
possibility of a variance.
Carson responded that historicallyr this had not occurred. There
were very detailed items which must be met in order for a variance
to be granted. With the development process which currently
existed, staff had not seen any cases where the property where a
variance had been requceted had been affected by a change in zoning
or development. Even if the property surrounding the area was
developing, those property owners would have to do drainage
improvements and perimeter street paving on their property and this
would not affect the property of the person requesting a variance.
Mayor Pro Tem Hopkins asked if peoplu paid a fee to request a
variance.
Carson responded yeas there was a $150 fee.
Mayor Pro Tem Hvpkins stated that they were payine for the right to
request the variance, He believed the 12 month waiting period was
too long and that 6 months would be more appropriate.
7" T
City of Dpton Cit;• council Mirutes
Meeting o November 19, 1985
Page Seven
Council Member McAdame stated that citizens had complained about
having to ken- coming back to oppose the same zoning requests,
Tress citizens felt that what they had said should stand for at
least a year without having to come back, if the concern was over
significant changes, a clause could be added to the ordinance.
City Attotnel• Debra Drayovitch stated that a clause could be added
to the ordinance allowing for a waiver of the 12 month waiting
period.
No one spike in opposition.
Tr.a Mayor closed the pub'ic hearing.
1. The Council considered adoption of an ordinance
aaending Article to Chapter III (8) of Appendix A of the Code of
ordinances to prr.hibit reconsideration of a variance request made
within the preceding twelve monthsi and declaring an effective date.
The following ordinance was presented)
NO. 85-232
AN ORDINANCE AMENDING ARTICLE to CHAPTER III (8) OF
APPENDIX A OF THE COLS OP ORDINANCES TO PROHIBIT
RECONSIDERATION Of A VARIANCE REQUEST MADE WITHIN Tht
PRECEDINO TWELVE MOhS:-'Sr AND DECLARING AN EFFECTIVE DATE.
Hopkins motion, Alford second to adopt the ordinance with a clause
added that should something change, the 12 month period could be
waived for good cause.
Drayovitch reported that a clause would be added to read 'Upon
petition, the City Council for good cause, may aive this waiting
period.'
On cull call vote, McAdams mays,' Hopkins 'aye,' Stephens 'aye,'
Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart
'aye.' Motion carried unanimously.
S. ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of contracts
for the purchase of materials, equipment, supplies or services)
providing for the expenditure of funds thereforei and providing for
an effective date.
The following ordinance was presentedt
NO. 85-233
AN ORDINANCE ACCEPTING COMPETITIVE SIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OP MATERIALS, EQUIPMENT, SUPPLIES
OR SCRVICESI PROVIDING FOR THE EXPENDITURE OF PUND3
THEREFOREi AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motion, McAdams second to adopt the ordinance. On roll call
vote McAdams 'aye,' Hopkins 'aye,' Stephens "aye,' Alford 'aye,'
Riddlesperger 'aya,' Chew maye,' and Mayor Stewart 'eye.' Motion
carried unanimously.
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of contracts
for public works or improvementsi providing for the expenditure of
funds therefore) and providing for an effective date,
The following ordinance was presenteds
~J
77
City Of Denton City Council Minutes
Meeting of November 19, 1965
Page Eight
N0. 85-234
AN ORDINANCE `CCEPTING COMPETITIVE BIDS AND PROVIDING FOR
THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTSI
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORi AND
PROVIDING FOR AN EFFECTIVE DATE,
Stephens motion, Chew second to adopt the ordinance. On roll call
vote, McAdams 'aye,' Hopkins 'Aye,' Stephens 'aye,' Alford 'aye,'
Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion
carried unanimously.
C, The Council considered 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 from requirements
of competitive bider and providing [or an effective date.
The following ordinance was presented:
NO, 85-235
AN ORDINANCE PROVIDING FOR THE kXPENDiTURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SEkVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDSI AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motion, Chew oecor,! to adopt the ordinance. On roll call
vote, McAdams 'eye,' Hopkins 'aye,' Stephens 'eye,' Alford `aye,'
Riddlesperger 'aye,' Chew 'aye,' and mayor Stewart 'aye.' Motion
carried unanimously.
D. The Council considered adoption of an ordinance
prohibiting the parking of vehicitia on the south side of chestnut
Street from its intersection with welch Strect to its intersection
with Bernard Street and on the north side o! Mulberry Street from
its intersection with Welch Street to its intersection with Bernard
Street.
Acting City Manager Rick Svehla reported that the Citizens Traffic
SafRty Support Commission had reviewed this rec,4iest and felt it was
appropriate. The request had been made by North Texas State
University and they had contacted the residents affected by the
change.
The following ordinance was presented:
N0. 65-236
AN ORDINANCE PROHIBITING THE PARKING OF VEiICLES ON THE
SOUTH SIDE OF CHESTNUT STREET FROM ITS INTERSECTION WITH
WELCH STREE'P TO ITS INTERSECTION WITH BERNARD STREET AND ON
THE NOR-iH SIDE OF MtrLDERRY STREET FROM ITS INTERSECTION
WITH W'LCH STREET 'i0 ITS INTERSECTION WITH BERNARD STREET:
PROVIDING A SEVERABILITY CLAUSE: PROVIDINr: A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE DATE.
Riddlesperger motion, Chew second to adopt the ordinance. On roll
call vote, McAdaius 'aye,' Htpkins 'aye,' Stephens 'aye,' Alford
'aye,' Riddlesperger 'aye,' C ew 'aye,' and Mayor Stewart 'eye.'
Motion carried unanimously.
E. The council conridereo adoption of an ordinance
designating handicapped parking on the stredt frontage at 718
Roberts.
City of Denton City Council Minutes
Meeting of November 19, 1985
page Nine
Acting City Manager Rick Svehla reported this request had been mad
by a resident who was handicapped and had a modified van,
Additional parking space was needed for the van.
The following ordinance was presented!
1
NO. 85-237
AN ORDINANCE AMENDIFG SECTION 24-136 Of CHAPTER 21 OF THE
CODE OP ORDINANCES TO PROVIDE FOR AN ADDITIONAL PARKING
SPACE FOR DISABLED PERSONS ON ROBERTS STREET: PROVIDING FOR
A PENALTY IN THE MINIMUM AMOUNT Of $50.00 AND 6 MAXIMUM
AMOUNT OF $200.00 FOR VIOLATIONS TNEREOFI AND PROVIDINO FOR
AN EFFECTIVE DATE.
Hopkins motion, Stephens second to adopt tier ordinance. On roll
call vote, McAdan..i 'aye,' Hopkins 'aye,' Stephens "aye," Alford
'aye," Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye."
Motion carried unanimously.
F. The Council considered adoption of an ordinance and
secvJce plan instituting annexation
proceedings on the request of
the City of Denton for annexata ion of approximately 296.97 acres
being part of the I. Coy Survey, Abstract 212, J. Ayers Sucvay,
Abstract 2, W. Burleson Survey, Abstract 93, B. Burleson Survey,
Abstract 219, and the R. Johnson Survey, Abstract 666. A
continuation of the existing Denton city limit line from a point
beginning approximately 900 feet south of Cancer Road to a point
apProxiv::tely 2,600 feet north of Rector Road (approximately 3 1/2
miles) is proposed (A-26).
CW le Carson, Urban Planner, reported that the final action on this
annexation was scheduled for January 7, 1986. Staff had reviewed
the information on the annexation and found that the right-of-way on
interstate 35 varied from 31;1 to 9'9 fort in width depending on
bridges and the service road. The council could reduce the strip to
500 feet or annex the proposed 750 feet strip and then disannex any
structures, etc. at a future dale.
Actin: City Manager Rick S W la reported that staff was trying to
locate existing building on the surveys would coordinate that
information with right-of-way maps,
Council Member McAdams asked why the 750 fee strip had been
recommended rather than a 500 feet strip.
Carson responded that the 75D feet strip would provide more easily
accessible tight-o';-way.
Mayor Pro Teas Hopkins Asked the staff, as new information was
available, to overly a $00 feet strip and the 750 feet strip with
an eye to delete unnecessary portions, The intent of the annexation
was to control land ilss only.
The following orhina.1ty was presentedc
140. 8`-
l.N ORDINANCE ANNE'1NG A TRACT OP LAND CONTIGUOUS AND
ADJACENT To THE Gi DLPAON, TEXAS! BEING ALL THAT LOT,
TRACT OP PARCEL OF it CON8151' N^ 'F APPROXIMATELY 296.97
ACRES OF LAND DING AND BEING S1r~,A.f THE COUNTY Of
DENTON, SIAIL LLAA3 BtINIj PAAl i., i. CUY SURVEY$
ABSTRACT NG. zit, 1YkPS SUP'vbY. ABSTRACT' 2, N. BURLESON
SURVEY, ASS Rkv'? b :VRVEY, ABSTRACT 219 AND
THE R. Jo-, s sUkv Y, ANsWE. l 666, DtNTON COUN'T'Y, TEJASi
CLASSTFYtNG iH*. SAM* AS AGRICULTURAL 'A' DISTRICT PHUPEI.TYI
At 4, LAPtNG AN EFIECTIVE DATE.
City of Denton City Council Minutes
Meeting of NOYenbe: 19, 1985
Page Ten
Riddlesperger motion, Chew se^.ond to aoopt the ordinance. On toll
fall vote, McAdams "aye,' Hopkins 'aye," Stephens "aye," Ali:td
aye, Riddlesperger 'a e,' Chew 'aye,' and Mayor Stewart 'aye,'
Motion carried unanimously.
G. The Council considered adoption of an o:d:nance and
service plan annexing approximately 117.5 acres lying i„ and being
part of the B. Merchant Survey, Abstract 18001 Q.e C. Charon Survey,
Abstract 17981 and the S. Venter Survey, Abstract 1:3151 and
beginning at the southwest corner of FM 2181 and Hickory Creak Road
(A-27),
Cecile Carscn, Urban Planner, reported a ficai plat had been
approved for the Dunton Manor Estates, Staff was contacting the
developer and requceting that the property be zoned SP-7.
The following ordinance was present'ds
NO, 85-238
AN ORDINANCE ANNEXING A TRACT OP LAND CONTIGUOUS AND
ADJACENT TO THE CITY Of DENTON, TEXAS) BEING ALL THAT LOT,
TAACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 117.5
ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF
DENTON, STATE OF TEXAS A)D BEING FART OF THE B. MERCHANT
SURVEY, ABSTRACT NO. 8061 C. CHACON SURVEY, ABSTRACT 298,
AND THE S. VENTER SURVEY, ABSTRACT 13150 DENTON COUNTY,
TEXASI CLASSIFYING THE SAME AS AGRICULTURAL "A' DISTRICT
PROPERTYI AND DECLARING AN EFFECTIVE DATE.
McAdams motion, Alford second to adopt the ordinance, on roll call
vote, McAdams 'aye," Hopkins 'aye,' Stephens "aye," Alford "aye,'
Riddlesperget "aye," Chew "aye,' and Mayor Stewart 'aye." Motion
carried unanimously.
H. The Council considereo adoption of an ordinance and
service plan instituting annexation proceedings on the request of
Shaul Co Baruch for voluntary annexation of approximately 92,60
acres beginning approximately 500 feet north of Highway 77 and
approximately 1,050 feet east of 1-35N (A-28).
The following ordinance was presented:
NO. 65-
AN ORDINANCE ANNEXING A TRACT OF L0D CON1 0VOUS AND
ADJACENT 70 THE CITY OF DENTON# TEXASr ',I1N? ALL THAT LOT,
TRACT On PARCEL OF LAND CONSISTING OF APiROXIMATELY 92,3
ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF
DLNTON, STATE OF TEXAS AND BEING PART OF THE A. WHITE
SURVEY, ABSTRACT NO. 1406, THE M. MAY SURVEY, ABSTRACT 807
AND THE S, JOHNSON SURVEY, ABSTRACT 603, DENTON COUNTY,
TEXASr CLASSIFYING THE SAME AS AGRICULTURAL 'A' DISTRICT
PROPERTYI AND DECLARING AN EFFECTIVL DATE.
Stephens motion, Popkina second to adopt the ordinance. On roll
call vote, McAdams lays,' Hopkins 'aye,' Stephens 'aye,' Alford
'aye,' Riddlesperger 'aye,' Cho% 'aye,' and Mayor Stewart 'aye,"
Motion carried uranimously,
1. The Council considered adoption of an ordinance and
service plan instituting annexation proceedings on the reo*eat of
Mel R. Lacquemont tot voluntary annexation of approximately 59.6
acres being part of the T. Toby Sutvo)•, Abstract 1288, and beginning
adjacent and west of PM 2164 apptcximately 3,000 feet north of
Hercules Lane (A-29),
The following ordinance was pres,intedl
el~w
City of Denton City Council Minutes
Meetin? of November 19, 1985
Page 6.even
NO. 85-
AN ORDINANCE ANNEY.ING 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 $9,6
ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF
DENTUN, STATE OF TEXAS AND BEING PART OF THE T. TOBY
SURVEY, ABSTRACT NO, 12880 DENTON COUNTY, TEXASI
CLASSIFYING THE SAME AS AGRICULTURAL 'A' DISTRICT PROPERTY
AND DECLARING AN EFFECTIVE DAII.
Hopkins motion, rhew second to adopt the ordinance. On roll call
vote, MC,ldAMS 'a;e,' Hopkins "ale,' Stephens 'aye,' Alford "a e,"
Riddlesperger 'a,y«,' Chew 'eye, and mayor Stewart "aye.' Motion
carried unanimously.
J. The Council considered adoption of en ordinance
adopting rate schedules for electrical services.
Bob Nelson, rlrector of utilities, reported that this item had been
discussed with the Couiieil on November S. Staff wished to focus on
the 4.44 increase in residential rates and the 1.91 decrease in
commercial rates. A rate comparison chart was presented for 20
cities across the United States for the month of July. Residential
customers in Denton would have paid approximately 8.250 per kilowatt
hour which ranked 11th in the nation. In the commercial/industrial
category, Denton's customers would have yaid 9,010 per kilowatt hour
which placed the city in the upper 231 of the cities compared,
Larger industrial customers showed approximately 7.57t per kilowatt
hour which was also in the upper :51 of the cities compared, This
was part of the rationale for the k4blic Utilities Board making the
proposed recommendations for adjustment. These 20 cities were just
a sampling of various United States cities,
Council Member Riddlespetger asked if the current commercial rates
were such that industrial prospects would locate outside of the City
of Denton.
Nelson responded that this had happened during the last year. While
the commercial/industrial rates might not keep a new business from
locating in the city limits of Denton, the prospect could choose a
location which would afford them th& choice of using city utilities
or going with another electric source, such as Texas Power and Light.
Council Member Stephens left the meeting.
Council Member Riddlesperger asked if the city had not talked to
North Texas State University Aeverel years ago regarding an
adjustment.
Nelson responded yes. This had stemmed from the city moving from
one type of fuel source to another. When on natural gads there had
been a low capital cost and a very high variable cost. All rates
were 16Vellzed. The city had not moved to a very high capital cost
plan with a relatively low variable cost. The capital had to be
available to save the load and the customers who utilized the load
to the best advantage would realize a better cents per kilowatt hour
ratea The Council had appointed a rate committee which studied the
various issues and had made their recommendations to the Council.
Staff recognized a need for a shift in the rates but did not want to
make those shifts in one year,
Council Member Chew stated that there ware 4 large entities within
the city limits which did not pay taxes and it was difficult for hiss
to twtionalize a reduction in commercial rates and an increase in
residential rates.
Council Member McAdams Askrd how the city would then give an
advantage to those Commercial customers in the city who did pay
taxes, Most of the commercial ventures wets taxpayers,
City of Denton City council minutes
Meeting of Novei,her 3S, 1985
Page Twolve
Council Member Chew asked, when It came down to dollars and cents,
how couli the increase In residential and deccea►~-- In commercial be
justified.
Mayor Pro Tem Hopkins stated that one way to justify the :ncrease
was to think that the money would have to come from someplace and if
not by utility rates, it would have to come from access the board
taxes. Commercial entities in Denton were now paying almost 20% pf
the taxes.
Council Member McAdams stated that it was a mistake to say that one
rate was being raised in order to reduce another, The Council was
looking at the commercial customer to see if they were now paying
more than their fair share of the costs and how Denton compared with
other power companies in the area.
Council Member Stephens joined the meeting,
Council Member Stephens stated that the Council should also have a
concern for he residential rate Neer.
Nelson projected graphs of the revenue requirements one. the rate of
return required. The city had approximately 685,000,000 kilowatt
hours net for the utility system last year and anticipated
7):0000,000 ;,et for the system next year, Total revenue requitement
would be $69.4 million which was equal to 8.190 overall. The
present rate wan 8.179 so the overall revenue was not increasing
very much. When the budget wee prepared, it appeared that a 51 to
at Increase might be required, Staff had reviewed the budget and
also had received some good news regarding projected furl costs for
the next year. Th)s had made it possible to trim the budget so that
an overall revenue increase was not requicedl however, Dome
adjustments did need to be made, "1%1 city was using a cost of
service program which was essentially the some program which Gilbert
and Associates used when they worked with the rates. This was the
same rate program which the Public Utilities Commission generally
used with other power companies. Or.* of the overhead projections
showed the revenue increase !squired which was the cost of service
by applying the capital trots associated with industrial, commercial
and residential customers. If an equal rate of return was then
npplied to all o! them, the revenue increase would be ,814 total.
Residential should have a 7.45% inccea.et commercial should have a
3.75% decrease. There war 127,360,ODD in the overall system rate
base. Of this amount, $11, 90,000 was applibd to the residential
customera, The rate base in the industrial category was
$13,2UO,UOD. Of the 10.21 rate of return, 61 went into the General
Pund and 4,21 was used to pay the debt service and fixed coats.
Residential customers should pay $1,100,000 of that n',,mber if
everyone vac paying an equal rate of return and Commercial should be
paying #1,300,000. The Public Utilities Board did not want to go
that far this year and had recommended 4,421 increase in residential
and 1.921 decrease in commercial. The rate of return which this
kind of revenue produced was $621,000 on residential (or 5.551) and
$10900,OOO on commercial (or 14.891), There were 3 maJor
classifications in the commercial cats class - 1 was the large
primary (where the customer owned their entire distribution system)
and 1 was general service primary (these wets large customers who
wets metered on the primary side),
Nelson further reported that the cost of service study had expressed
that the rates should be increased 7.451 and the Public Utility
Board had recommended 4,41 for residentiel, The cost of service
study had also expressed that the rates should be decreased 3.751
and the Public Utilities board was recommending 1.9111 for
c mmeceial. The energy cost adjustment had not changed, The
t.aldential rate basic energy charge had been 4440 and the
tecolumendation was to increase this to 4,7e. The commercial/
industrial basic energyy charge had been 3.99 and the roeommendatic.i
was to decrease to 3.550, The Government category was proposed to
t".
City of Denton city Council Minutes
Meeting of November 19, 1965
Page Thirteen
90 from 3,90 to 3,50 and Churches would go from 1.00 to 3.50,
Demand charges on commercial/industrial were proposed to g^ from 550
up to 6101 Government would go from 380 up to 190 and Churches from
390 up to 125. The demand charge for churches was 2/3 that of
commercial/industrial. A cocparison was then mad^+ of the summer and
winter rates in Denton, Garla-d, Greenville, 9PiL and Denton County
Electric Cooperative and whit that meant for a typical bill,
Mayor Pro Tem Hopkins stated that a study committee made up of 20
citizens had recommended the rates last year and the recommendation
had been that commercial rates be set higher and then adjusted.
Council Member McAdams stated that she hoped the staff would study
the rates over the year with ac eye to reducing them, Perhaps the
6% transfer could be made up elsewhere. However, money from
Washington was going to be reduced and funds had to com^ from some
source in order to maintain services, The city must have Indu..ries
nr the tax rate would sea a tremendous increase. The utility rates
and tax rates should be compared together.
Council Member Riddles;)erger agreed that Denton must stay
competitive for industrial business prospects.
Council Member Stephens stated that the rates should also be made
more attractive to prospective residents as well as industries.
Nelson responded that at the present time, Denton was not
compe~..tive with other cities In the commercial rate category.
Council Member Alford stated that his district was primarily
residential in nature and asked if the city could go without this
large of an increase in residential rates this year.
Nelson replied that if this was donee the rates for other classes of
customers would have to be increased to insure the proper total rate
of return tv operate the system.
Council Member Riddlesperger stated that the city had been over-
charging commercial customers and this should be adjusted or Dentoi
could become a 'bedroom' community of primarily residential
customers and little new industries,
Council Member Chew stated that he disagreed and did not like
residents paying a higher rate. If taxes were Increased, they could
be charg,-d off but a citizen could not charge off utility bills.
That was comparing apples, and oranges.
Mayor Pro Tem Hopkins stated that the coat figures for the operation
of tLe system were real.
Nelson :eported that &%.it had been very careful to follow the
allocation figures which had been prepared by Gilbert and Associates,
Council Member McAdams stated that she was concerned about the
.nc:ease in the residential ratee although the rate of return seemed
to justify the recommendation. She was now looking for 'nickels and
dimes' and asked if the utility system could operate on leas of an
increase.
Nelson replied that staff could go back and work up a rate analysis
on the basis of a smaller increase in the residential rates, The
proposed rates were based on a 5% growth rate, if the, actual growt4,
rate was less than 51k, the proposed rate± night not allow for an
adequate rate of return. If the growth rate was more than 51, the
rate of return would be sufficient.
Council Member Alford agreed that he would like for staff to bring
to Council a recommendation with a reduced incresse in the
residential rates.
City of Denton City Council Minutes
Meeting of November 19, 1985
Page Fourteen
McAdams motion, Alford second for a continuance of this agenda item
and to reconoider the item on November :6. Potion for continuance
carried unanimously.'
K. Zhe Council considered adoption of an ordinance
provid!nq for a penalty charge for the late payment of utility bills.
McAdams motion, Chew second for a continuance of this agenda item on
November 26. Motion tot continuance passed 4 to l with Council
Members Riddleaperger and Stephens and Mayor Pro Ten Hopkins casting
the nay votes.
6. Resolutions
A. The council considered approve) of a resolution
adopting two personnel policiesi
Sick Leave 111.01
Overtime Pay 106.01
Tile following resolution was presented.
R E S O L U T I O N
WHEREAS, the Director of the Persoi.nel./Employee Relations
Department for the City of Denton has presented proposed policies
regarding employee rules and regulations for the council's
consideration) and
NNEkEAS, the City Council desires to adopt such policies as
official polictea regarding employment with tho city:
NOW, THEREFORE, BE IT RESOLVED BY THE C0JNCIL OF THE CITY
OF DENTON, TEXAS, THATi
SECTION I.
The following policies, attached hereto and made a part
hereof, are hereby adoptej as an official policies of the City of
Renton, Texas:
Overtime (Reference No. 106.01}
flick Leave SRetorence No. 111.011
SECTION 11,
The foregoing policies ar%% attached hereto and made a part
hereof and shall be filed III the official records with the
City Secretary.
SECTION 111,
1h,e Employee Rules and Regulations of 1976 adopted by Resolution
of the City Council on February 1, 1977, and the overtime Policy
adopted July 16, :9150 are hereby rescinded to the extent they
conflict with the foregoing policies and any administrative
procedures and directives irsued under the authority of the
city Manager implementing the policies hereby adopted.
SECTION IV,
This Resolution %!iall be effective from and after its date of
passage and approval.
PASSED AND APPROVED this the 19th day of November, 1985,
RrICHAA5 ,
CITY OF DENTON, TEXAS
City of Denton City Council Minutes
Meeting Of Novembor 19, 1985
Page Fifteen
ATTESTt
CHXRLOTTF, jtITY r
CITY Of UNTON,TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OP DENTON, TEXAS
BY:~
MCAdamo motion, Chew becond that the resolution be approved. On
roll call vote, McAdams 'aye,' Hopkins "aye,' Stephens 'aye,' Alford
'aye,' Riddlesperger 'aye,' Chew 'aye,' and mayor Stewart 'aye.'
Motion carried unanin usly.
7. There was no official action on Executive Session items of
legal matters, real estate, personnel or board appointments.
b, New Business
The following items of New Business were suggested by
Council members for future agendass
A. Council Member Alfcrd stated that he had receiveA phone
calla regarding traffic problems at the Sherman Drive/Nindsot
intersection and asked if the Citizens Traffic Safety Support
Grunission could review this area,
S. Council Member 6tephens asked for an item ot: the
City Mana(jer's Statue Report regarding the amount of acres for
involuntary annexation this year.
9. The Council convened into the Executive Session to discuss
legal matters, real estate, personnel and board appointments. No
official action was taken.
Nith no furthex items of business, the meeting was adjourned.
RICHARD . 5TMR , MAY=R-
VW OYU MN
CITY SECRETARY
1115)
MENNEN
4. i.'. i..
city Council Mindtes
Novemoer 26, 1145
Tile Council convened into the Wor4 session at $:UU p.m, in tae City
Manager's Conference doom,
PRdSENf: Mayor Stowlart? Mayor Pro tom dopxinsi Council Meinoers
Alford, Cnewo McAdams, Riddlesperger and Alford
ASSENrs None
1. Tne Council convened into the execdtive Session to j.'dcusa
personnel. No official action wao tdKen,
Cne Council cunvine-A into the Special Called ;neeting et 7:UU p.m. in
Cne Council Cnamoers,
PRESENT: Mayor Stewartl Mayor Pro Cera dopKins; Council Memuera
Alforo, Cnew, McAJamy, Aiddleaperger anu Alford
Auttng City Manager, City Attorney and City Secretary
AOSENC: None
1. Eno Council considered adoption of an ordinance adtnorlxing
the issuance of City of Denton Genersl ooligatiori Refunding Sunda
and matters incident and related tneretu.
Acting City Manager RicK Svgnla introduced FrdnK Medanicn.
FranK Medanicn, representing first Soutnwest Company, reported that
for the past several weeKs, nis firm nad oeen worKing with the
city's uond counsel, underwriters counsel, Salomon Srotners and
Merrill Lyncn Capital MdfKets on a refunding proposal wneraul all of
Lne city's oitstandlug general ool:gattor debts could oe refinanced
and reissued. Ail of tae outstanding drot would oa defeised nd
there would then oe only 1 series of -)onds witn the principal
payaole on Feur6ary 15 of eacn year anu interest payments payaole in
Peoruary and August. A summary add ueen provided wnicn gave tnk'
detalle of tr:e transartion. Cne impurtant item in the summary was
tnat the dent eervi.:e for all outstanding gei.aral ooligatlon ounds
and tac debt ervice if the refunding occurred, fnls world result
in a total savings to the City of Denton of f2,272,1dU.59 over the
life of the dent wnicn translated to an approximate S9U,00d to
$95,0UU annual savings, Salomon Srotners and Merrill Lyncn were
agreeaole to purcnasing tae refunding oonds at Cne interest rates
igCicated. An escrow account ,could nav_ to oe estaolis~ed. 'Cne
refunding information nad oeen forwarded to Ernest and Wainney and
nad oeen verified. Trio closing on the uunda would oe neld on
.lece,oer 19, First 4outnwest Company reco,nc.ended the Council adopt
the ordinance dutnoriz.ny the issuance of tae refunding ponds and a
resulutton botnoriaing the execution of an escrow agreement at the
cluaing. There were approximately 5 or U issues of uonds wnicn were
callaole in 1931 or 1994 at nigner inte;eat rates than the new oonds
would uear. A call of the ound would ride,) to ue executed at the
time,
Colncii Memoer Stepnens aaRed if it wa3 requireu ~.o get aids un true
refu:,din;.
i'adanlCU replied that tnd r>:nd counsel ,»d advised tnat refunding
uond series did not require oids,
Crunch Memoer Stephens asKed if oLner ouyera nad been apprnacned.
Medanicn resconded yesl out the offer from 3alomai Srotners add
Merrill Lyncn wan the nest one,
Mayor Pro Tom dopKins a9Ked if Mr, Medanicn felt tnie refunding
wokild increase the city's pond rdting.
. a _
City of Denton city council minutss
Meeting br 110Ye:704f tti, 19d5
Page T.:u
Meddnicn responded yesr the dent aetvica would ce less and it would
also reduce the city's Internal DOUKKaeptng aysteA as tnare would
not De as :aan.• IS49eS to tfaCK. This refunding would taKe 21
separate nond iasuas oft of the bOVK. Also the reduction in the
dent detviCe Would give Lila city mire flexibility In the future and
WOJid imprcva the oveeall financial poaiturn.
Adyor Stavatt a$Ked woo pot the looney in the 3scrow account.
Medanica responded the City would. Tne proceeds from tills bond
issue and tno ooneya wnicn tna city would be payinI out for all
outstanding oonds during tai tls:al year would go to the escrow
account. Ali of the outstdnding uonda would be pa,, ►rrom tnia
account. If the oonds were sold at true Interest cost wnicn
currently waa d.JU, t]e money in tna prasant Interest and slnKing
fund 40did oe invested ill U.s. Treaaury strips wnich were coupons
from existing government ooligattons and tneae would yield lU.du to
10.50. Tna city wOdid De maKing the difference between tae Donn
yield and the strips tntougnout the life of the escrow. In effeCC,
the city world sell the oonds to raise the money to form the
escrow. Aetotner interesting aspect Was the •_apital /.ppreciation
Bonds wnicn were for relatively 80411 amounts, rnis was the
discount values of the par value of the oonds to their maturity,
Each d mvntns tac.1gn0ut the life Cf tile dent, the amount was
compounded at the int,cest rata snOwn so tnat at maturity, it was
worth par or SS,UUU per oond. As tnis was oeing compounded but no
interest w4s being paid o,t, it would allow far the maturity of the
otner part of the dept soon.•c and tnereoy cat down on the interest
coat wnicn was a departure from straight serial bonds. Tne seridl
oonds were at par value or a current interest coupon.
rile folirr::'ing ordinance was presented:
NO. d5-239
AN UguINAiNCE AUTdOdILINi; fdE ISSUANCE tF CICY OF DENrUN
GENERAL UdLIOArTOA AeFUNDINO SUNUS, SERIES 19d5, LEVYING
trig TAn IN PAYAeNC M EREUF, AND APPA01INJ AND AUTRORIZINO
INSCRUMENTS AND PROCEDURES RZLArING 'rUERErO
MCAGama motion, CneW second to ad ,pt the ordinance. On roll call
vote, McAdams 'aye,' NopKins 'die,' Stepnans 'aye,' Alford 'aya,'
Rtddlesperger '-yell cnew 'aye,' and M4yor Stewart 'aye,' notion
carried unanliaously.
Tae Council tnen cvneideetd the approval of a resolution akitnortainy
the execution of an escrow agree.aent relating to the refunding of
City of Denton, rexds, tax AUpport•,d oollyations.
Tna C~_JOding resolution was presented:
RESOLUTION
AUrdOAIZtNG file, EXECUCiOJ OF Ali ESCdUN AOREEMBNT RE-
LATING rU TRg REFJNDING OF CICY OF DENPON, T69AS, 'PAX
SUPBUArED OdLIGATTONS
r:iE SCArd OF TEXAS
COUNTY OF DENTON
CIM OF UNION
NdSASA3, it is necessary and advisable tnat the City of
Denton (tne 'City's enter into the escrow agreement nerainafter
autnorited wltn InterFitet 8anK Dallas, N.A., Dallas, Texas.
TdOAEFOR6, 80 IT RASOLVED 81 TdO CITY COUNCIL OF TdB CITY OF D8NTnNi
, 7V
City of uenton City Council minutes
Melting of Novamoer 209 19d5
Page Three
sectiol:' J. That tnc Mayor dad the City Secretary of the
• city are autnorissd and directed, for and cn oanalf of the city to
Suustantiailynthetformiandesuosta n cadattachvd to thisoResolutiontand
made a part hereof for a,l purposes,
Sectiun 2. fast, upon its execution and delivery oy the
parties thereto, said escrow agreement snail constitute a oindtng
and eIJfurceaole agree:sent of the City in accordance with its terms
-nd Provisions.
Aiddiespecget motion, Chew second that trio resolution oe approved.
On roll call vote, McAdams 'aye,' dopKtns 'aye,' Stepnena 'aye,'
Alford 'aye,' ttiddlesperger 'aye,' Cn74 'rya,' and Mayor Stewart
'dye.' Motion carried unanimously.
fne Council considered approval of A resolution aaerclsinq option to
redeem certain tax supported oollgattuns of the City of Denton,
Texas.
The following resolution was presented:
itgWLU f ION
USACISINO OPTION rO A8049M C9ATAIN TAX 3UPPORTdo
odLIGATIONi OF Odd CITY OF DdNfON, 'rdXAS
ddEACAS,,certain tax supported ooligations of the city of
~.nton, (tne City ) are presently outstanding and are auofect to
redemption prior to scneuuled maturities, at the option of the Cityl
and
wd9AZAS, the City nas determined to exercise its option of
redemption as neteinafter provided.
Cd9RFFOR6, 89 Ir A&SOLVdU dY He CITY COUNCIL OF rde CITY
OF DeNfOV, U XAS:
L. rnat there is attached nereto and made a part nereof
for all purposes a list and description of certain tax suppotted
wnooliicngaoDlttonis of
called for redemption relating , and tsnail ooe
redeemed, prior to their Scheduled matures, on the dates, at the
places, and at the prices, respectivelf, set fortn tnecein.
2. rnat the City snail cause the appropriate notices of
such redemption to ue given in accordance wLtn the requirements of
the defective proceedings authorizing the issuance of such
ooligations,
3. rnat prior to January 1, 19d6, due provision snail oe
made oy the ity in accordance witn law for the payment of the
redemption prices of said ooligations of tre plac-~3 of payment
(paying agents) for sucn ooligations.
McAdams mutton, Stephens second that the resolution oe appcnved. On
toll fall vote, McAd~+^.s 'aye,' dopxlns 'aye,' Stepnena 'dye,' Alford
ayer Riddiesperger 'dye,' Chew 'aye,' and Major Stewart 'aye.'
Motion carried unanimously.
2. The Council considered adoption of an ordinance adopting
rate scheddles for electrical cervices.
Mayor Stewart left the meeting,
Soo Nelson, Director of Utilitlei, reported tnat the Council had
asked staff to 100K it possioll.ties of lowering the residential
rate from the 4.lt increase and do so oy reducing the overall
revenue increase. A .254 revenue increase nAd ueen programmed in,
Staff had gotten t1 is down to an increase of .0111 approximately
City of Denton 6tf Counoll Minutes
Heath of Moveaoer 26, 1905
Page four
$170,000 nad peen taxen out of the revenue of the utility and staff
would make cuts in the system to accoheplien this reduction. Tnic
cut Drought the overall increase to residential service to 3.66% and
would leave the other services as tney were proposed at the tiovemoer
19 meeting. Tnese proposed rates would uring toe 1U.2% overall
utility rate of return down to 9.7J% and estaoiisned the residential
r.te of eeturn on investment at 4594 wuien was not .iuita enougn to
cover the 61 return to too geneisi fund, Otner rates of returns for
otner Classes of service were 14.d9% for the commercial, 5.134 to
government and 15.44 to other services.
Nelson then reviewed what tnia increase would mean in cents per
xllovatt nout for tna various residential customers comparing Summer
and winter costs at t" O existing rate and the proposed rate.
Council Memoer McAdams asked now ,nuch in dollars increase per
residential Dill nad peen previously projected.
nelson responded approximately s6U per year per residential
customer, or $5 per munth, rnis had neon reduced to $2 to $3 per
month for customers using lU,JJU kilowatt nours per montn.
A presentation was then given regarding the .3mparative rates
oetween classes of customers.
Council Aemoec dtepnens stated that no did not feel the rate payers
should oe ovenwcdened.
tielsorl reported tnat the rationale for toe proposed rates was
partially uased on the demand aspect. For example, a coaunercial
customer could not curtail or reduce usage of air condltloniny
during the Summer and still attract custo,narai tnerefore, the usage
for commercial customers remdined relatively constant. A
residential customer could set tneir tnermoitat at a nigner setting
or snot off unused portions of toe uouse out the dis:rloutlon system
(transfurmers, lutes, etc.) nad to ce in place for the residential
customers to adnule the peax or oignest uadge. The goal was to
recover the coat of the service to install the Wi trioution slatem
and toe commercial customers, due to a more conal.nt usdge, snuulu
pay at d lower per kilowatt nour rate.
Council Memoer Akddlesperger stated teat toe Cum:ll nad to depend
on tni staf! and toe Puulic Utilities doacd for tnese
recoiuiendations and the Council could not set the rates.
,4ayur Stewart joined the meeting.
Council f4emuer McAdams dsked if a commercial custoi.er's rnontnly uill
for the Same usage would go up or down ditt: toe new rates.
iieison frdpunue<j 1. WQJld depend on now welt they used tnelr
1:apdCitj.
Mi. dulrnd Laney, Cnairperaun of toe PJ0liC Utilitie3 doacd,
reported tndt the Coard was cnarged with trying to operate the city
utilities in a prudent manner. The proposed ratua for commercial
customers would still generate $2,JUU,UUU more than the residential
costumers, Tne ooard nad realized this would oe cuntroversiali
howevert tney Celt the recommendation was as fair and eluitaole as
possiole, me city utilities must oe operated as a ousiness and the
Puolie Utilities Board felt the proposed fates voce Justified.
Mayor Pro rem Hopkins sexed if Mr. Laney could comment on the
pnilosopny wnicn the citizens committee nad used in recommending the
previous fates.
At, Laney responded stating tnat recommended rates wets ossed on the
cost of service to each customer class.
City Of Denton City Council Ainutes
darting of Rovemoer 16. 110
Wage Five
Council Hemoor McAdams stateo tnat '.ais was not unliKe the divesture
of the telephone system dare lung (311t4nce was separated from local
service and as a result, all of the prune mils increased, fne
utility rates to industrial/eommrrcial customers must os appealing
os they would go to someone eiia and tnat, in tarn, would eventually
MAKe the residential rates prunioltive.
Council Mua,rer Alford expressed nis appreciation to the staff for
the response to Council Aao,ier i4CAddma and nis reiuest for new
information,
Cne Cuuneil recugniaeu Ae. /aratsKy and dliowed him to speaK.
i
Mr. a. 6. lavataxy, Administrative Vice ✓reaident of Morrison
Killing, distriuuted information to the ..r7uneil. He further stateu
that nis company iurnisned approxtmateip, loo loos ire Ocriton and dsed II,
it of the power iot the city, the consumer price index +,a gore up
176% since the company has oee,i in business and over the last 10
years, the utility rates nad increased 129J1. rrls company vas nere
to stay in Denton# nowever, if they were looking for a new location
now, tner would not come to Denton oecauae of the utility rates.
Trig following ordinance was presented:
YU. di-24U
AN URDIRANCZ AoopflrlJ AftiQeo RAIr SCrfBj;!,66 FUR 4LeCCRICAL jJJ
SdR41CdS; PRUVIDI'1~- FUR A SE✓6RABtLi'CJ CLAUSE; AND
tR7✓ItiINj FOR AN eerecrivo 2AeE OF DdCcMB$N 1, 19di
Rlddlesperler motion, dopKins second to adopt the rate ordinance as
proposed. Un roll call vote, t_A'fa " i•,s •aye,
'nay,' Alfuru ^aye,' Riddle;,'r9sr "aje,• .',ay," and Mdfori,.
Stewart 'aye.' Motion carried i to 2 aitrt council Memoirs Stepnen.:
and Cnew c3stiny the 'nay' vute3.
J. the _uwrct: 7.rrd dduirtr:)n Ut an urdtr7ance provrutag
for a penalty t', r7 t?r to paj,1ent f utility Dills.
Boo Nelson, Direct)r of Jtilittea, report?d tnat this item nad Deen
provtously discussed. Some years ale, rr7e lat r, rn3,4e r,d
oeen ( epealed; (10dever, tnr .'7: au: a.~I 3ut as 41.li as staff
wuuid liKe. me vooii, itii)t:es 30aru and tre taff were
recommending the penalty ue reinstated. Jttitt; 7113 were AjQ a;,en
rendered and customers nad 2i drys in ;,rtcr to maKe the payn- nt. If
payment was not made, a i1 penalty .+ouli Ue c:r7dryed, Tne revenue
from the 51 penalty wuitd oe cnarged laa,:k to the appropriate
eustomdr C133s. fnts penalty w.,ul i n)r 'rroly to a eoates~-1 uiii.
Council Main at O.A,9dms stated that cire increased rite., w.iicn
nad just we approved, she wr7uid prefer not to re :r: ;c it, e penalty
narye at tnis time and instead, try a more
>yste for deiinl-jent icc)urt7
.,tor Stewart stated that ne tnoug. the penalty charge ..a,
,riginally repealed r,.^,ause it was against the law.
Nelson responded that the a'uolic Utilities Commission nad stated
that a p.rnalty could not oe cnarged for regulated utilities, The
City of Denton utility system was not a regulated utility. me
Ouolic Utilities Board and staff nad recommended repealing the
penalty and seeing carat would happen. wnat nad happened was that
the city was getting e-jetner and furtner oer.ind in collection oiils.
Mayor Stewart r,tited trait r.nere vest- several large customers wno
were consistently 6U days past due i.. paying their Dilis. All of
the citizens were being hurt by tnis practice.
Council Aemoef Riddlespergor stated that all cf the rate payers were
being penalized air tnost wno did not pay the 01119 proaptly.
Mod
City of Denton Zity Council Ainutes
Meeting of Novr:acer 26r 1945
.'age Six
Council M@Kwer Alford atateu tnat no would liKe to offer a
compromise. more nad aaen a to of cad press recently regarding 1
utility 01113 out no as !onvineef! tnat the Customer service
aivision was vocKing witn ca cnod In en attempt to recutj
these pfo0le.as. HO tnen aaKed if t.le Council wou.. , wiliing to
delay tnis ite.r for i montne and teen nave it orougnc oefore tnem
again.
Alford ,potion, Cnew second to taule t,,t ;,4nalty cnarge ordinance r
1 montns. Aotton cam I unanimously.
Mayor Pro rem dopKlns ..ateu that, in ta: jnt.a, ne .could liKa
to see tna metnodoioyy used in collecting oil,:, fie also danted _o
Know nod these custol.ars yot so 1'af oenind in tnc r ;aaiments and a
list of all customers wno were in arceare.
Debra Dr-?toVltCn, City tttocney, repirted tnat titLo info' .scion was
pLoilc re.,~rd and .:oul~ oe presented to 4,:,, Council.
4. me Council reconvened into the Ext ,tive Session to
dlsciss legal matters, real estata, personas, ano ),nrd
appuintment3. No official action was Laken.
no furtner items odsiness, the meeting wa> adjourned.
R1- AXD U. idrlARr, MAYOR
)PrE ALLEN
^q a,
1477g
l 1
City oooncil minutes
Decagoer it lids
Tne Council convened into the Worrc Session at 6:60 p.m, in the Civil
Defense Room,
PRESENTt Mayor Stewart) Mayor Pro Tom dopKinsr council Members
Alford, Cnew, McAdams, Riddiesperger and Alford
Acting City Manager, City Attorney and City Secretary
ABSENr: None
1. m e Council neld a discussion of concerns, enangyes, and/or
revisions to the proposed draft of the •SeLectlon ,uidelines fec
Council-Appointed Positions.'
Betty mcxean, Assistant city Manager, reported that the draft ned
Deen distributed to the Council at the November 19 meeting. The
guidelines nad been prepared in response to a request by Council.
Staff was prepared to maKe any cnanges to the draft which the
Council wanted.
Council Member ,iddlesperger stated `_nat ne nad rear the document
and felt it was very tnorougn.
Mayor Pro Tem Hopkins stated that he would hate to see this put in
irdinance form as it would lose its flexibility,
McKean responded that the purpose of the document was to provide
guidelines only.
Council member McAdams stated that sn- questioned the assumption
that a aearen firm would be used to select the City Manager and all
options snould be left open.
Consensus of Cue Cuu ctl wis to inaKe tc following change on page 2:
r the rty mjnager`u pc;ition, the staff will maKe a
app, indati,~n to the .ounci' after evoLuating current nafKet
Conditions and the avalldoility of cecrult,oerrt resources.'
Council Memuer McAdams questioned the statement regarding the
selection of interview questions fron the list of possible questions
furnisned oy the Peraonnel/dmployee Relations Department.
Consensus of the ouncil was to mdKa the following cnange un page Jr
item d.1,a.:
'Select the interview questions (deleting 'from the list of possible
questiona').'
.ouncil Member McAdams stated that page 7 of the guidelines offered
a different selection process for the malty Attorney position from
the City Kanager position. Tne option for using a search firm was
not presented. Also, recruitment for tree Municipal Judge was always
dine on a local level due to the nature of the position.
Mayor Stewart stated that the Deputy Judge positions snould be
removed from the guidelines as tney were recommended uy the Judge to
the Council,
Council Member Stepnens stated tnat ne felt that pernaps the Council
should nave input into tni selection of Deputy Judges.
Mayor Stewart responded that the City Charter stated that the
Council selected the City Manager, City Attorney and municipal
Judge, It the Council selected Deputy Judges, why not Assistant
City Attorneys? j
Council Aemoec elcAdaas stated that an additional page could be added
to state that the Judge would ocang cecommendat ions for Deputy
Judges before the Council prior to appointlent,
♦ nt Y 1
City of Denton City Council Minuto#'
Meeting of December 3, ads
Page Two
2. The Council neld 4 discussion of an ordinance providing for
tno prevention, and abatansr,t of litter on public streets.
Bill Angelo, Assistant to the Director of Public NorKs, reported
that this item had oeen previously discussed, Staff nad received
several complaints on unsigntlY appearances near construction
sites. Tnis ordi~~ance Would require the contractor to clean up the
area, if this was nut done, the City would do the clean up and
cnarge the full cnarge of the service plus a fee to the contractor,
Mayor Pro fem dopKina asKed if there was not already an ordinance in
effect.
Acting City Manager AicK Svehla reported year out there was no
penalty clause. rnis meant the City nad to taKe the contractor to
cou.t to accompllsn tae clean up,
Mayor Pro fem dopxins stated that ne agreed that the litter enould
be cleaned up but it would be difficult to determine wro was
responsible, fns contractor might feel the litter had been caused
uy a subcontractor Ott tno J00.
Svenla replied that the ordinance would hold the contractor liable
and staff felt this would encourage the contractor to see that all
suocontractors cleaned up their own litter,
3. The Council convened into the Executive Session to discuss
legal mattacs, real estate, personnel and board appointments. No
official ..ctlon was tAKen.
Tne Coancii convened into the Regular Meeting at 7:00 p.m. In the
Council Cnamoers.
PR&Se.lre .4ayor Stewartj Mayor Pro fem dopKins: Council Memuers
Alford, Cnew, McAdams, Riddleaperger and Alford
Acting Citf Manager, City Attorney and City Secretary
ABSENT: None
fne Council considered the emergency agenda addendum item.
1, fns council considered adoptioi of an ordinance amending
Ordinance No, d5-2(9 autnorizing the issuance of City of Denton
General Ooliyatton Refunding Bonds, Series 19d$, levying the tax and
payment tnereot and approving and autnorizing instruments and
proceedings relative thereto.
Feanx Aedanicn, First Soutnweat Company, reported tnat an error nad
been made on the call feature of the refunding ordinance approved on
Noveruer 26. Tula was an amenlacury ordinance wnicn would, a,nung
ooner tnings, reattuctare the escrow account.
rae following ordinance was presented:
:10. d5-241
AN ORDlNANCt AMdN01N,; ORDINANCE NO. d5-219 AUrOURIZING rAS
ISSUANCE UP %:Iff OF DENSON GENdRAL 03LIGACIUN REFUNDING
BONDS, SERIES lids, Ldvilkl CHS fAX AND PAYAENr UERBOF AND
A)P?ROJINJ Ada AUrd0RIZINJ IdSfRUMENCS AND PROCEEDINvS
RELATIVE fdERdrO.
dOPKins notiuno McAddnd second to adopt the ordinance. On roll call
voter McAdams 'dye,' dop4ins 'aye,' Stoplens 'aye,' Alford 'aye,'
Riddlesperger 'afe,' Cnea 'aye,' and mayor Stewart 'aye." Motion
carried unanimously,
Mayor Stewart left the meeting.
t of 3 ntor , ity Coincil '411jutea
,t:ng aa.e,xer a, Lida
e'agz .`nre.e
1. ~an~.n: ~l.nrsa
Hiddlaspe[y>r n tin, nev .aecund to approve the Consent Agenda as
;.:r!rsenc r.. r+-Au.,n carried ,unanimously.
C:;nseot Agenua:
A. aids and Purcnase Urderst
1. Bid 4 )3d3 - AurlaL pnutograpny maps
t, all ! 4540 - Deinolitlua and clearing of lots 14
3. did 1 )~47 - free trimming
4. did 1 114) Lease Pureaase financing
e;,icciiase order Nods to So•itnwestern ellectric in
the amount of S11,J6~.Ju
a. Pldtb and Hepldts:
1. Approval of final tvpiat of the Soutnridge
village Snupping Centec Audition, Lots 1, 2 and
J. (File [Planning a,id Zoning Commission
fecOInmends appruvdi.)
e. Appruvsi of prelimindri ano final replats of the
Ut;ley ParK Adcitiun, Lots 1, 2 and 3, BLOCK A.
(rne Planning and Zoning Commission recommends
approval.)
3. Approval of preltminary plat of the Soutnern
Hills Additiun. (fne P1..nning and Zoning
Cummisslun recommends approval.)
P o eltd and Par6icipation Agre&ients:
1 Approval of d proposed pro rata agreement wito
5ammit Addition, David ;rotennuis, Owner, and/Or
nis assigns, for A new aster line. (ene Puolic
Utilities Board recommends approval.)
2. Approval of a proposed pro rata agreerr.ent with
J. B. AdditLun, owners, Fred Evans and
Jim Leverett and/or tneic assigns, for a net
water Line. (ene euollc Utilities Board
recuo', iflds approval.)
1. Approval of a proposed pro cata agreement wicn
I. B. Adulticl, odi era, Fred r: vans and
Jim Leverett and/or tu+Lr assigns, for a new
ya^ Line. (enk, iJJolic Utilities 3oard
reeu,liaends approval.)
4. Approval of a proposed water main cost
participation agreement oetween tae Cit/ of
Denton and David Urutennuis. (file Puolic
Uti/itiea Board cecommends approval.)
i. file Council considered approval of tee Minuces of the
Regular Meeting of Novemoer 50 Lldi.
Cnew motio,t, M,.:,!ama P.ecend tP approve t•r.: .jinutes as presented.
Motion cdcr►ed unanimoual/.
J• Puolic deartngs
it. faa iountil neld d guulic nearing On the petition of
BurKO engineering ieyuesting a cnange iii xuning from the
agricultural (A) ristrict to the planned develop.ne,it (*00)
J, 7
dity of Denton City l'aiacii Minutes
meeting of oecemuer 3; 19a5
pals Foot
classification on a 22.7 acre tract located appcoxlaatgly l,UOU feet
vest of dockingoird Lane and apptoXWately 1,000 f%jt aoatn of
Audra Lane. Tne property is fuctner described as a tract 'in the
4.B.P. i P.R.q. Company Surveys, Abstracts 1473 and 1471, if
approved, toe planned development will permit the develop,ent of lUU
single family detacned lots wltn a minimum lot size of 7,000 square
feet. Z-1715
Tne Mayor Pro Tom opened the puolic nearing,
No ona spoke in favor.
40 olie apoKe in opposition.
me Mayor Pro rem cluaed the puoiic nearing.
uenise Spivey, Uroan Planner, reported that this was a request for a
change from the agricultural classification to a planned development
with 7,000 s4udce foot iota, there nad aeon a reply forms mailed
wir, d returned in favor and 1 in opposition. Tnia was a low
i.~tensity area, a designation used for primarily residential and
uousing dred,l. The original request had oxen for 6,404 square feet
iota, 1--ensity studies snowed tnn proposal would sligntly exceed
tae intensity oy approximately It. me Planning and Zoning
'bmmission nad upgraded tae proposed to 7,UUU square feet lots. m e
p"titton nod neon approved oy the PAZ by a vote of 5 to U witn
c:.aditions attacned.
Stephens motion, Cnew second to approve the petition. Motion
carried u,ianimously.
a. Tne Council neid a public nearing on the petitic of
oltman and Associates re-juesting an amendment of an existing pl.', +ed
ddvalopaent (PD-121 on a 3U.3 acre tract located on the south side
of Ryan Road approximately 2,5U0 feet east of PM 21di (Teasley
Lane). Tne property to furtner described as the site of the Lane
Puruat 4_11age Retirement Center. If approved, the amendment gill
permit the relocation of an approved addition to the current
residential atructure and the relocation of d parsing lot. 1-177d
me Mayor Pro Tom opened the punlic nearing.
Mr. Rod Moore, representing Oltmari and Associates for LaKe Forest,
sPuKe in favor and asxed the Council for favoraal, consideration.
Tnere was a concern regarding the time frame of conPtruction. A
plat must ue filed witn tnb city for dppruval and the property nad
never peen platted. Mr. Moore aaxed if ►t would no possiole to
receive a foundation permit prior to tool issuance of d building
permit.
ittfur Pro rem ;1upKina remindeu mr. Moore tndt tae public nearing kris
regarding zoning only.
Mr, rioure stated that toe boon Samaritan society nad retaineu an
arcnitdct out the design nad been too expensive to implement.
Ultman and Associates nad redesigned the plans and the uailding
site. Tnis .+:).iid require, c duration of the parking lot. Tney
were, tnerefure, reg:esti , imeadmaat to an existing planned
development.
No one spoti .n o r no Mayor ero Teri d t.,e puolic nearing.
Deniaw Spivey, Urudn olditiner, i sported tilat 4 reply forms nad oven
mailed oltn U returnee. inn Planning and :oning Commission and
Council nad approve] an d,nend,nent to the original lanned
developments nuwever, .fur to cost overruns, these changes Jere no
longer viaole. Tne didnniny and Zoning Commission recommended
approval of this amendment oy a +rute Of 7 to U as it did not defect
the intensity.
( ve
City of Der.toa City Council Minutes
Meetipg of Dacamner 30 4985
Page Five
Council Momcar 8tspnEns arxed staff to respond to the request for a
foundation perAlt wnicn Mr. MOOre nad mentt.oned.
Spivey replied tnat the Building Inspector wag prohibited from
issuing permits until plats nad been approved.
Stepnens motion, Cnew second to approve tno petition. Motion
carried unanimously.
C. me Council neld a public nearing on the request of
the City of Denton for annoxation of 136.5116 acres oeginning
approximately 5uu feet east of the center line of U.S. Higneay 3T7
and south of Urusn .reek Road, an3 oeing part of tae George H.
Daugnectl Sucvwy, Aostract 351 A-11.
Cne Mayor Pro Pam opened the puolic nearing.
No 'ne spoAe in favor.
No one 3po6.2 in opposition.
Tne Mayor Pro e,-m dosed the riolic nearing,
Scepnens motion, Cnew second to approve the request. Motion carried
unanimously.
Hayor $tewart 3olned the meeting.
D. Tne Council neld a puolic nearing on the request of
the City of Denton for annexation of approximately 13.67 acres
oeginning 360 feet south of and perpendicular to the center line of
U.S. dignway 3dU and east of GeevliW R)ad A-13,
Tne Mayoc opined the puulic nearing.
No one spoKe in ravue.
:po one apuKe in opposition.
Tne mayor closed the puolic h64r!rlg.
Cnew motion, Rlddlespecger second to approve the request. Motion
carried unanimously.
6. Too Council .laid a puolic Tearing on the request of
R. O. McDonnell for annexation Of ap•prOxlmdtoil 34.6d acres sit sated
in the M. Forest Survey, AOstedct r17, a:•3 oeginning approximately
250 feet soutn of and p,•rpenuiculdc to the center line oc FM 4260
approximately 2,dUJ feet east of Valniil Ruid A-14.
Cite Maluc opened the public nearing.
uo one spu•e In favur
NO one SPOKe in opposition.
Cne Mayor clo.,ed the puoltc nearing.
a.oKins motion, Cnew second to approve the request. Motion carried
unanimously,
e. me council neld A puolic nearing on the request of
the City of Denton for annexatiun of approximately 42.35 acres
Situated in the S. ddi2ar Suew)y, AOStrdct 514, and oeginning
approximately 50U feet north of and perpendicular to the center line
of J.S. dignway 3du and west of Mascot Branch load A-15.
Pne Mayor opened tae puoltc n.saring.
City of Denton City Council Minutes
Meeting of DecemDer 3, 144h
Page Six
so one spore in favor.
No one spoke !n opposition,
me Mayor closeu the puulic nearing.
MCAdems motion, Cnew second to approve the request. Motion carried
unanimuusly.
j, me :ouncil need a puulic nearing on the request of
daminett it Nasn, Inc, and the City of Denton for annexation of
approximately lid acres situated in tyre D. dougn Survey, Austract
540, and aeginning vast of 4aynili load, approximately 4,JJJ feet
nortu of I-35 A-1I.
me Major opened the puulic nearing.
No one spoke in favor.
No one spoKe in oppositton.
Zoe Major closed tie puulic neariric.
S'ephens mutton, Cnew second to appsuve the request. Motion carried
unanimously.
M. me Council need a puulic nearing on the request of
it~!dditen Investment' Corporation for annexation of approximately
6J.id acres situated in toe G. iWKer Survey, Abstract 133,, and
aeginning adjacent and east of Edwards Road approximately 1,JJJ feet
east of Mdynill Mudd A-ld.
me Mayor opened the puulic nearing.
No one spoKe in favor.
No one spoKe in opposition.
me Major closed the puulic nearing.
McAdams rotion, dopKins second to appcuve tare request. Motion
carried Unanimously.
I. 'Pne COLIncll held a puoitc nearing on an ordinance
amending the Zoning Uruinance, Appendix J, Article 7M of the Code of
Ordinances of the City of Derton, Texas, oy requiring a special use
permit to operate a temporary concrete or a3pnalt Datcning plant in
certain zoning districts= providing a penalty tnerefor and deCtaring
an effective date.
Pne Majuc opened the piolic nea[inq.
Na one SpOKO in favor.
No one SpuKe in oppuditiurr.
Pne Mayor closed the puulic nearing.
Jeff Meyer, Director of dlanning and Community Deve!opmeat, reported
tnat tnefe was a qap in toe zoning ordinance, rnis ordinance would
allow for temporary concrete oatcning plants on Bite during
construction,
1. m e ;ovnciL considered adoption of an ordinance
amending cne Zoning ucdi nee, Appendix o, Article IM of the Code of
Ordinances of the City y, Denton, rexas, oy requiring a special use
pefaltt to operate a r:eAllofary concrete Or asphalt oatcning plant in
certain toning districts, providing a penalty tnerefor and Jeclaring
an effective date.
1
City of Denton city Council Minutes
meeting of Oeccsn,er 31 1S65
Page Sevan
The following ordinance was presented.
NO. d5-242
AN ORDINANCE AMENDING rdd ZONING ORDINANCE, APPENDIX B,
ARTICLE 7M OF T38 CODE OF OkDINA,1CES OF THE Cary OF DEVrON,
fddA9, BY ReJUIRING A SPECIAL USd PdRMIr TO OPERATE A
TIMPWAR't CONCRETE OR ASPdALT SAICHIN6 PLANT (A CgArAIN
ZONING OIS'rRIC-S; PRO110240 A PENALTY rddRL.OR AND
DECLARINj AN EFFECCIVE CA're.
!(opKins motion, Riddlesperger second to adopt the ordinance. On
roll call vote, McAdaae •ayo,' t(opkins 'aye,' Stephens 'aye,' Alford
'a'ye,' Riddiesperrir 'aye,' Cnlw 'aye,' and Mayor Stewart 'aye.'
Motion carried unanimoualy.
4. Ordinances
A. r no Council considered adoption of an ordinance
accepting Competitive aids and providing for the award oC Contracts
for the purchase of materiels, equipment, saoplies or services.
Tne following ordinance was presented:
N0. d$^111
AN ORDIN.1NCe ACCdPrING COMPErIf(V& BIDS AND AwARDIN~; A
CON:nACT ?Ott rdd PURCHASE OF MACdAIAL3, EQUCANSHf, SUP1LIdS
OR SOBVICESt PROVIDINU FOR C49 EXPdNOi.TURE OF FUNDS
3eREtUREi AND PROVIDING "OR AN eeroCCIve DATE.
Cnew motion, Hopkins second to k.opt the ordinance. On roll call
W te, McAdams 'aye,' Hopkins "aye,' Stepnena •ayet' Alford 'aye,'
Riddlesperger 'ayo,' Caew 'diet' and Mayor Stewart 'aye.' Motion
carrlad unanimously.
B. me Council considered adoption of an ordinance
accepting competitive aids and providing for the award of c)dtracts
for pudic works or improve )ots.
The following ordinance wag presented:
NO. d5-144
Az; ORDINANCE ACCEPTING COMPdfffIVE BIDS AND PROVIDING FOR
rdd ANARD OP CONZRACrS FOR PUBLIC NORRS OR IMPROVdMdNrS:
PROVIDINJ FOR rdd e9PeND(TJRE OF eUNOS rdeAEFOA4I AND
PRGVID(NJ FOR AN eoeeCrih; DATE.
Riddlesperger motion, McAdams second to adopt tr.a ordinance, on
coil call vote, MCAdama 'aye,' dopxins 'aye,' Stepnena 'aye,' Alford
'aye,' Ridulesperyer 'ay.?,' Cnew 'aye,' and Mayor Stewart 'aye.'
Motion carciad unanimo-isty.
C, fine Council considered adoption of an ordinance
providing for the axpentitdre Of funds for emergency purchases of
natecials, equipmant, pplies or services in accordance with the
provisions of stab law axemptiny such purchases from requirements
of competitive olds.
Tne following ordinance was presented:
N0. d5-2/i
AN ORDINANCe PRoil DINJ FOR rdE EXPENDITURE OF PUADS FOR
?M9AGdNC9 PJRCdASdS OF MA WtALS, EQ%!IPMdNf, SUPPLIES OR
89RVICE9 IN ACCORDANCE offrd 'Cde PROVf9IONS OF SrAfd LAN
exaMeriN3 SUCH PJR.-HASdS FROM degUIREMdN'ra Of COMPdr(rlVd
6081 AND PROVIDING FOR Ad EFFdCfIVE JAiC.
-e-r;*,z. - 'Vxr al: p nnwF ,'WIt-'a1T':. `yr' aa~.;i -r-.-
f
".c
} i-
city of Denton city Council minutes
meeting of Decemo6r jr 19d5
Page Sight
McAdams motion, Cnew second to adopt tile ordi,iance. On roll cal+
McAdams ay@,~ dopkIn •afe, Stdpnens 'aye ' Alford •aye,
R d ~eaperger aye, Cnew aye, and mayor Stewart •a,e.' Mucirln
carried unanimously.
D. Tne Council considered adoption of an ordinance and
service plan annexin; approximately 51.3 acres Doing part of the
8.8.8. 6 C.R.R. Survey, AustCdCt 142, and located noctr of PM 1173,
soutn of Bartnold Road, west of l-35N, and east of MaScn ecancn Road
and the GC 6 SP Raliroid A-24.
me following ordinance was presented:
NU, di-L46
AN 0ROINANCd ANNE4:N3 A rRACr or LAND CJNCIJUOUS AND
AUJACddr To rdd %;IrY UP 0414tUN, 'CEXASI J91NU ALL rdAf LO:,
CAACr OR PARCEL OF LAND v11Ji': flNJ OF APPROXIMATELY 11.3
ACHel UP LAND LYINJ AND dEf1,; SITUATED !N THd COUNCY OF
DENrUN, SfArd OF TEXAS ANJ 891140 PART OF 'r.z 888 i CRR
SJHVEY, AtW RACT 141, 0911f0i COONEY, TEXAS1 CLASSIefING 'rdd
SAME AS AGRICJLfVAAL 'A' 'IrHICr PROOeR'fil AND UECLARINU
AN 9Pf~CfIJd DACE.
Hopkins motion, McAdams second to adopt toe ordinance.
Council He,nuer Stephens stated tnat ,'ouncll lad talked aouut
trlimning sane property from the criyinai annexation parcel.
Jeff Meyer, Ulrector of Planning and Community Ue,:elopment, reported
tnat the dartnuid property Odd 136011 deieteU from the annexation.
On roll call vote, #4CA6am8 'aye,' dopxins 'aya,' Stephens 'eye,'
Alford 'aya,• Rlddleaper99r 'are,' Crew 'ay..' and Mayuc Stewart
'ayd,' Mutton carried unanimously.
d. Tne Council considered aduption ?f rn ordinance
setting a date, time and place for public nearings concerning the
f04uest of Mill,•r of rexas for voluntary annexation of dOl.705 acres
situated in the M.d.P. E P.R.R. Survey, Abstract :4701 the
Safe Anderson Survey, Abstract 161 the d.A. Orr Survey, Abstract
9831 the U.M. Anderson Survey, AustfaDL 121 the M,3.P. 6 P.R.R.
Survey, Abstract 151111 and tns r i P Survey, Abstract 1302, Denton
County, Texasl using pact of a tract Known as the Goldon door Rancn
and odyinniny south of I.S. Nlgnway id J, east of PM 156, end wdec of
Egan Road, for the purpose of determining whether to begin the
annexation procesr A-32.
Jeff Meyer, Diceetuc of Pldrning and COMMunity Development, reported
that this particular annexation nad Dean discussed in a previous
WUfK sesrton. Staff was recommending the first public nearing be
held on oeoemoer 17 and the second puoli(-, nearing on Januacy 1.
The fo,'luwing ordinance was presentee:
1404 di-241
AN URDINANCE Sd,'CiNd A UArE, rift AND 1LACd FOR PUBLIC
HEARINUS ON fdd VRJPOSED ANNEXAflUN OF C:R'rAIN PROPIAri AS
)ESCAIdsu HERdlN tit fHE eiri or oeitui., feXAS, AND
niPrHORIWAG AND J:@ CC:N3 fdE MAYOR TU MiLISH HWICd OF
SJCd PUBLIC 46AALNJS.
Hupkina motlun, Cnew second to WoV the ordinance. On roll call
vote, McAdams 'aye,' Hopkins 'Aye, Stephens 'aye,' Alford 'aye,'
Riddleapecgec 'are,' Grew 'aye,' and Mayor Stewart 'are.' Motion
carried unanimously.
1
City of Denton city council Minutes
Meeting Of DeCOMber A, 198S
Page Nine
P. •rne Council considered adoption of an ordinance
approving a contract lot the City's participation in toe cist of
installing oversize water line facilltids and autnorizing tnrr Mayor
co execute the contract.
Boa Nelson, Director of Utilities, reported tnat this was dart of
toe master plan for a water line u,,wa Lillian !Biller Parkway.
Tne following ordinance was presented:
No. d.P-Lid
AN ONOINANC9 APPROVING A CUN`fRACC FOR rdE efrr'S
PARPICIPArIO:1 IN 'rdE COST UP INSTALLING UVERSIEE WATER I.IN9
PACILLrL3SI AUrdORItINJ fd& MAYUH ea BxECJTd 'frig CONritACrt
APPROVING rHe dX98ADI'rJAE OF PJNos 'rdeREPOAE, AND PROVIDING
FOR AN 9PddCfIV3 DATE.
Hopkins r Lion, McAdams second to adopt the ocdi.nance. On rcll call
vote, McAdams 'aye,' Hopkins 'aye,' Stepnene 'aye,' Alford 'aye,'
Aiddlesperger 'aye,' Cnew 'ales' and Mayor Stewart 'aye.' tlutlon
carried unanimously.
0. rne Council considered adoption of ai ordinance
proniolting the packing of venieles on the south side of West Oak
Street from its intersection witn allllams Street to its
intersection witn Carcoll Boulevard.
Acting City Manager AICK JVenla reported that the Citizens 'Traffic
Safety Support Commission nad met on t is issue and recommended
approval. 'rne strvpt was adjacent to tno .aw;ecs ,'itle wilding.
rne following ocdinance was presented:
. No. d5-24i
AN ORDINANCE PAOHIBLfING 'rd8 PAAKLNJ OF 19dICLES UN rd'
SOJi'H SIOd UP 99-ir UAR Srdddr PHUA Irs IN'reitsjcrIUN dlyd
WILLIAMS N'rRddf 'TO LPS INTeHl`dCfION ward CARRULL BOUL3VARDI
PRUV:JINJ A SeV9KA3LLIrt CLAUSe1 0,0VIDINJ A PEI4ALTi NOC f0
d{Ce90 'TWO HUNDRED DOLLAR41 AND 06CLAALN3 AN e0feCrIVS DAT".
Stepaens motion, Chew second to adopt the urdinanc,2. on cull Vail
vote, McAdams 'aye,' Hopkinr 'sye,' Stepaens 'aye,' Alford 'aye,'
Riddlespetgec 'aye,' Cnew 'aye,' and Mayor Stewart 'aye.' Hution
carried unanimously.
d. rne Council considered adoption of in ordinance
regulating packing along the Icivewal aL the end of Austin Street
and in the parking lot of toe Municipal Bulid.nj packing lot west of
the Municipal Building at 215 East McKinnay.
Acting City Manager Alcx Sveula reported tnet tnr, Citizens Traffic
Safety Support Cu,nmiasion nad ceviewad tnis item and recommended
approval. Tills was tna parking lot ioca.ed oetween City Hall and
the Post Office,
rita following ordinance was presented:
NU. di-2:PJ
Ad UROLNANCe A0JvULArLNJ PAx!(INJ AWN. i'Hd DAIVEdAI At fdd
END OF AUSTIN Steddf AND IN T19 PARRIN~i .,Jr OF rdd
MJNI.IVAL BJLL0I0U dA9KINJ LO: Wedr of rdd MJNI'IPALL
BUILDING A'r 215 EA:if ACRINttdrl L'AOVIDING A SZv9RAB~f.I'fi
CLAJS0 PRUVIOINJ A 0914%LTi .11.)r TO EAC990 TWO HJNUAeo
DOLLAIS POA JIOLACEONS rdERe0l A40 JWf AAINJ AN LP1ECrive
uATB,
City of Denton City Council Minutes
!Sooting of December 3,;1505
Page Tan
Hopkins notions McAdams second to adept the ordinance. On roll o:ll
vote, McAdams - 'ayes' HopRins'ayes' atepnens .'aye,' Alford 'ayes'
Riddleaperger 'ayes' Cnew 'ayo,m and Mayor Stewart 'aye,' Muti~n
carried unanimously.
1. Tne Count il considered adoption sf an ordinance
pconiolting the parsing rsf vdlicles on a portion of Austin Street.
Acting City Manager P44b Svenla reported tnat the citizens Traffic
Safaty Support ComPission nad reviere6 this icnm and recommended
approval.
Tne following ordinance was presented;
NO. d5-241
AN OADIN.I,NCe BROHIBIfINU U& PARKINU UP VEdICLE3 ON A
?ORrTON OF AUSTIN STRddri PRWIDING A PENALTY Nor to EXce9a
TdU HUNDRED DOLLARS FOR VIOLATIONS Td8REOFt AND DECf,ARINJ
AN 2FF6CrlV9 DATE.
Stepnens motion, McAdams second to adopt the ordinance, on roll
call vote, McAdams 'aye,' dopxins 'aye,' atepAans maye,' Alford
mayor' Riddlesperger 'aye,' Cner 'aye,' and Mayor Stewart 'aye,'
14otion carried unanimously.
J. me Council considered adoption of an ordinance
amending Section 15.6.1 of the Coda of Ordinances of tre City of
Denton, rexts providing for the average willing of utility services
for certain classes of utility service customers.
Boo Nelson, Director of UtilitLew, reported tnat tnere was an
average billing ordinance In effect for residential customers but
• did not extend to otner classes of customers, Staff nad beon asked
to extend the average oiLling service to trio religioua and
government class customers and tnis ordinance would accomplish tnit.
Tne following ordinance was presented;
NO. di-;952
AN ORDINANCE AMENDINU SECTION 15-o.1 Of THE COde Of
ORDINANCES UP e.d Clrt OF UENTONs TBXASs PRWIDINU FOR T.id
AVERAGE BILLING OF UrILIfd SERVICeS FOR CERTAIN CLASSeS OF
UrTLIri SeAiICE C,ISrJAERSs AND P,IOVIDINU FOR AN EFrdCrlrE
DATE.
Stepnens ,notion, McAdams second to adopt the ordinance. On roll
call vote, McAdams 'ayes' doplrins 'aya,' Stepnens 'aye,' Alford
'aye,' Rtddlespergec 'aye,' :.new 'aye,' and Mayor Stewart 'aye.'
i4atton carried unanimously.
5. Resoautions
A. me council considered approval of a resolution
nomind0 ng mamoera to Place 6 and Place 8 on the North Texas Higner
Education Autnocity, Inc. Board of Directors.
Acting City Manager Rick Svenla reported tnat it was time to
noeinate or reappoint ,nemoera for tnis ooard of dicect.y:s.
Tne following reeolatton was pe esented:
Ae s06"10N
dddREA3, the term of ufftCl for Place 8 on the Soard of
Dicectors of the tforta Texas dlyrir dducation Alst0oritys Inc,s
expired Soptemner Jut lodor and
f~.rr~rrrn
I
City of Denton City Council Minutes
Meeting of Deceooer 3, 1945
Page Elev.
O r',bREAS, on septemoer 25, 19840 the Board of ),r s 1)
t
the North :exAs digner education Autnorlty, ace y
to said Boards Noy?, rdeREPW
Be lr RESOLVBJ at 'It _Ire CVJACIw v1 f4d CITY UP DBNTON, THAT:
seCrlo I.
Mr. Micnaei vrandey +ai uaen ce'sppointed to Places d on the
Soerd of Dire,:t,,ft of t„~k Nortn rexas digner dducation -,tnoriti,
loo, for the Ucrvoer i, 06d, tnrougn Septemoer J0, 1981 ter,
Sdt;riod it.
Mr. Jarne:; ,,des Deen appointed to Place 9 on the Board
of Dir tors of r;e Nurtn rexae Nigher Cddeatlon Autnority, Inc, for
toe Oetgoer 1, 19d3 tnrougn Saptemoer kid/ L~k,flj and
SeCrloN Ill.
rnis Resolution snail become effectlve from and after its
fate of passage.
PA.3S0 AVM A ,-OVED vnis the Jfd day of December, 1485,
R1tNARD U. Sre4Ai!r', :'i0lORr
CIri Of 0ENN3, ! .i
ATrdsft
. CdARWrre ALLEN, CIfY SEC~tEfARi
moire UP oe.ifos, reXAS
AIPROVED AS TO LBUAL FORA:
DEBRA ADAMI DRAYUVI,,Cd, Cirf ArrORNEY
CITY OF oeN'TON, TdXAS
Be.
NopKlns motion, McAd6m4 second tnat the resolution oe approved. On
roll call vote, McAdams lays,' dopKins 'aye,' Stephens 'aye,' Alford
'eye,' Alddlespergec 0aya,' Chew 'aye,' and Mayor Stewart 'aye.'
Notion carried unanimously.
B. Tne Councii considered approval of a resolr.'ion
autnorizing the Mayor to execute a ripe Line License Agreement ltn
the htcnison, ropeKa and Santa Pe Railroad Company.
Boo Nalaon, Director of Utilities, reported tn.a! this was a routine
pipeline licent.e agree,nent to put in a sewer line on 380 near the
Selwyn School, fne cost to the city woild De SSUO.
fan following resolution was presented:
R E S 0 L U r I 0 N
dE IT RESOLVED BY rda CITY COUNCIL UP Tdd CITY UP DENTON, 'WAS:
Tne Mayor Is rireoy autnorired and directed to execute on
oenalf of the City of Dento+l, rexae, a Pipe Line License Agreement
dated octocer 40 19d4, oetween tae City of Denton and the Atcnleun,
Topeka, 6 Sante.. Pe Railroad Company, relating to tas construction,
reconstruction, use, maintenancot repair and installation of one ten
inch (100) in diameter and one hundred fifty feet (150) in lengtn
sanitary sewer line at Mile Post IU~f41J1.0' oentin County, rexae,
f
City of Denton city .oungil Minutes
Meeting of December Jr 194$
Page rweive
PASSBO AND APPROVeo tnLs the ird day of Deceeoer, 19a5.
IRCRARD .
CITY Of Oda
TONrfEd~~
ATTESf:
CHARLOTTE ALLeAo CLU SECABTAAY
CITY OF uddTON, TBRAS
APPRMJ o AS TO LdOAL POAM:
DBBRA ADkAt DAANMCM, CITY AffORNBY
CITY OF DeMrOdr TEXAS
BY:
Stephens votiun, McAdams second that Lae 10nolution be approved. On
roll call vote, McAdams 'dye,' dopxins layer' Stephens 'aye,' Alford
'aye,' Riddlespeeger 'aye,' Cnew 'ays,' and Mayor Stewart 'Ayr..'
Motion carried unaaunously.
C. The council considered approval of a resolution
authorizing d contract of employment witn the City Attorney.
Debra Orayuvitch, City Attorney, repotted that this resolution nad
been prepared at the instruction of the Mayor..
Tae following resolution was presented:
A d S O L U T I 0 A
. 4HEAEAB, the City Attorney of tae City of De ton is
appointed to office ay the City Council and serves at the pleasure
of the City Cuuncii under the terms and provisions of Article VI of
the Cnacter of the City of Denton$ Taxasi and
WdBHEAS, on Peuruary 5, 1965 the City Council of the City
o, Denton appointed Debra Adami Drayovitcn, City Attorney of the
City of Denton, fexaml and
Wdt:REAS, the Counelt dishes to renew trio appointment of
said City Attorneyf NOW, fHEA MAS#
ed Ir AdSOLVdD 6Y Tdd Cb'UNCIL OF THd CLOY Ud U N NII:
SECTLON I.
The city Councia of the City of Denton neceoy engaqes the
employment services of Debra Adami Drayuvitcn as City Attorney of
the City of Denton, rexder to perform the functions and duties
specified in the City Cnarter, the City Cods, and the lass of the
State of texas, and to perform such other legally permisstole and
proper ddti:.; and functions as the City Council small from time to
time ,sign, l
SdcrION I!,
The City Ccjacil agrees to pay Oeura Adami Orayovitcn for J
her services an annuaL base salary of $51rdUU.UU payaule in
installments at tae lama time as other employees of the City are
paid and IIdU.UU per month car allowance.
Secclua ILL,
An anural petforrtiance review wiii oe conducted by the
City Council during the montr, of Octooet of earn year, and the
City Council agrees to increase said base salary, fringe or other
ex i_ t' < r . xi! ri a ~.,,y a ys . 1i.~IR~IT~}I
^1►y of Denton City Council 4inutie
Flilking of Decaeoer l9d5
Pa3v rnlctoah
Densflts in eucn amounts and to auc: an extent as the City council
may determine that it Is dosiro.ie to do so on the oaais of the
annual performance review made at the same tiaa as 4ImiIat
conetdocation is given is acner employees of the City.
3dCrIUN IVt
It is recognized tnat the rdty Attorney, nas to devote a
great deal of nor time outside norral office nours to ousiness o:
tno City, and to that end, the City Attornoy will ae allowed to take
compensdtucy tt"' off as she snail doom appropriate during sale
norina► office hours; provided, nowaver, tee City Attorney shall
devote net entire time to ens petformanee of the dutias and stall
not spend .sore tnan ten (10) hours pet wsox in teaming, consulting,
or other non-City connected cusiness witiiout the prior approval of
the City Council,
The City Council nereoy agrees to oudget and pay the travel
snd subsistence expenses of the City Attorney for professional and
official delal,,pment and to adequately pursue necessary officlal. and
other funcLtoos for the City, including but not limited to the
Annual Conferences of the Municipal Law vfficors, city Attorn.y's
Association, tto Legal Conference of the American puolic Polar
Association, and eucn other national, regional, state or local
governmental gcoupe and committees tnersof which the city Attorney
serves as a aolnuor.
r no City Council also agrees to oudget into pay for the
travel ?,nd subsistence expehsee of the Cir,y Attorney for short
courses. Institutes and setainate tnat a(e necessary for tier
professional devalopAont and nor the good of the City of Denton,
Tne City Council agrees to oudget and pay the professional
dues and suoscriptions of ene City Attorney necessary for ner
continuation and full participation, including the holding of
responsiole offices in national, cegiAnai, state and local
associations and organizations necessary and desiraole for net
continued professional participation, ytuwtn and advancement, and
for the good of the City of Denton.
SdC'rI0t1 V.
Befoce voluntarily resigning her position,
Deuta Adami Drayoviten, agrees to give the City Council at least
tnirty (3u) yays notice In writing of tier intention to resign,
stating tno reasons tnerefoce.
in tiie event of net involuntary separation as
City Attorney, she snail Do entitled to receive a lump sum payment
equal to sixty (6u) days aggregate salaryi provided, however, tnat
in tae event of net termination oecause of net conviction for any
offense involving moral tucpitode or any illegal act involving
personal gain to net, tneh, in that event, the City snail nave no
ouligation to pay the aggregate severance dues designated herein.
Involuntary separation as used in tnia paragraph means nor
discharge of dismissal oy the City Council of not resignation
following a reduction in salary or ot:ier einaneisl oeneflto of the
^.ity Attorney in a groater percentage tndn an dppli:aule
across-tae-oodrd reduction fat all City employees or in the event
the City refuses following a written notice to comply with any otnor
provisions oenefiting the City Attorney heroin or tno city lttorney
rsaigns, following a suggestion, wnether formal or lnforaal, oy :he
City Council tnat sea rosiyn, tnen, in that event, tno City Attor:,ay
alai at tier option too deemed to oa 'torminated' at too date of such
redaction or such refusal to comply witnin the meaning and context
of the heroin severance pay provision.
city of Degtvn city Coun:lA Minutes
Meeting of DeCdalbf lP 1945
Page fourteen
56C?IU1-- .Y
and Regulations ofstnV City adoptedybyntne ~ttyiCounCil ,r latinglto
vacation and sicK Agave, retirement and pension lystam
cont4ibutions* nolidays and utner fringe uehetita and working
conditions as tney now exist or ,areafter may be amended, snail
apply to the City Attosusy as thay w old to o:ner enpployells of the
ley, In addition to said Uenefits rnumeeated specifically for the
benefit of the City Attorney, except as herein provided, rho
City Attorney snail oe eutttL$d to receive the same vacation and
lick leave uenefits as are accorded other department neads,
including provisions governing accrual and payment therefor on
termination of employment.
KaloN yll.
rnis agraemant shall oe effective for a period of one year
from Octooer it 1985,
PASSED AND APPROVED this the Jed day Of DeCemuer, 198$.
R C RD U. , yA
CITY OF DeRrON, TAXAS
Arrssr~
CHARLOrrd ALLEN, C U b9CR8TARY
CUrif Of DENrON, UXAS
APPt:)VY,D AS r0 LEGAL PORN:
oeSAA ADAMI DRAYOV1rCH, CLU AffOAHei
CITe OF DdNION, 'reAAS
BYr
Stepnens motion, Cnew second that the resolution oe approved. On
roll call Vote, McAdams 'aye,' HopKina 'aye,' Stepnens 'aye,' Alford
'aye,' Riddlesparger 'aye,' Cnew 'aye,' and Mayor Stewart 'aye.'
Motion Carried uranimously,
6. m e council considered approval of a contract to purcnaae
land for an electric sunstatlon from Maynill Road Realty Company
(Paige Road Suostatlon,)
Bob Nelson, Director of Utilitied, Ieported tnat staff was
requesting tentative approval from the Council to purcnaae tnis
property. An iiectrle ruostation was needed in soutneast Dent 3n and
an ordinance for the purcnaae would come nature Council at a Later
da.s. me property ndd ueen appraised at 1111,U65.
Hopkins motion, Cnew second to approve the contract to purcnaae land
:OL an electric euu8tdtlon. Motion Carried unanimously,
7, raece was no ott:cial action on executive ;essinn items of
Legdl matteta, teal estate, petsonnel and build appointments,
d, m e following itd;As of New Business wt!ra suggested:
a, Council Meade: McAdams asked for a staff report on the
possibility of citizens registering their pets at City Hall wnen
they paid tnelr utility Dills.
to Mayor Pro rein +)pKine asxed regarding cne status of a
. previously requested study of the attuat lights,
i
i
r ~
'77177 ~T"17797 "T
city of Dentin City Council Mihutes
Meeting of Dace,eoer it lids
Page fifteen
c. KAM #to 2em dopkins also asked for d report byy CateJ9tJ
(nut name) of delirquent utility accounts and requested to roe .vi
the reports on a regular oa.iio.
d. Council Member Stephens stated that is would like to see
the names on the utility accounts which were 60 to 9U days
delinquent.
e. Mayor Stew.rt asked for a report on the zoning of the areas
adjacent to the municipal airport.
f. Council Member Stephens asked staff to check with the
dignway Department regarding the two oridges on Masch stanch Road.
Acting City Manager Rick Svenla responded to Council Member stepiiens
ay reporting tnat staff nad been In c^.atdct with the dignday
Department on this issua, The dignway Department was in process of
completing an environmental impact study on the area,
9. me Council reconvened into the executive Session to
dixcuss legal matters, real est4te, personnal and board
appointments. No official action was taken,
ditn no fdrtner items of oui-,iness, the meeting was adjourned.
R1CdARD u. SrddAROO MAYOR
CdAKLUrra ALrea, CITY SBCdGiAAf
UUJ9o
♦r e,. Jr Nor .n
DA1'8a 12/17183
CITY cot: OIL 11koRT FORMS'
TO; Mayjr and Members of the City Council
PROM: Rick Svehle, Acting City Manager
SUBJKCT: APPROVAL OF THR FOLLOWING RSPLATS.
1. Preliminary and Final Replats of the Wooded Acres
Subdivision, Block
2. Final Replat of the Sun Valley Addition, Lot 14, Black A
RRCMNDATTON:
The Planning and Zoning Commission voted to recommend approval of
the plate lie:ed above at its meeting of Decowbir A, 1985.
3MRY.4
PACKGROUND:
PBQGMM3. DSPARTMRNTS OR GROUPS AfrKTBD:
FECAL IMPACT:
Re peatf- ly a it
ick S eh a
Prepared by: Acting City Manager
Lenise Spive.
Urban Planner
Appr
Jeff He r
Director of Planning
and Development
1475g/3
qp7
a
y fir ~1: CITY COUNCI1, AGENDA
$ACK•-UP SUMMY SHEET
MEETING DATE: December 17, 1985
SUBJECT* Preliminary and final replats of the Wooded
Acres Subdivision Block 4
SUMMARY: This tract is 2.6 acres located at the northwest
corner of Dallas Drive and Aleyca Vista Drive.
The property to zoned commercial (C), and
commercial development is anticipated.
City aervices and facilities, including water,
gas, sanitary sewer, telephone, electrical, and
solid waste ace available.
ACTION REQUIRED: Approval of the preliminary and final replate
RECOMMENDATION: The Planning and mA ng Commission recommends
approval of the preliminary and final replats.
ATTACHMENT: Reduced plat
,
De~ i u 8 i by
Urban Planner
1089je2
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CITY COUNCIL AGENDA
bhCK_UP Sogmy SHEET
M'RETLNQ DATE: December 17, 1985
SUBJECT: Final replat of the Ban Valley Addition, Lot 14,
Block A
SUMMARY: This tract is 0.68 acres located oft the south
side of Hercules Lane 150 toot west of Stuart
Road. This tract is shown in the B,B.B, and
C.R,R, Survey, Abstract 186, Denton, Texas. The
property is zor,ad general retail (GR), and
retail development is anticipated.
The plat conforms to the minimum requirements of
the Denton Subdivision and Land Development
Regulations.
ACTION REQUIRED: Approval of thp: final plat.
RECOMMENDATION: The Planning and Zoning commission recommends
approval.
ATTACHMENT: Reduced plat
J„ ea<.
Denise S iVley
Urban Planner
11116
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DA'tRs 12/17/d3
gITY COUNCIL RRPoRT t►ORMAY
TO% Mayor and Members of the City Council
P1.OMs Rick $veh'la, Acting City Manager
SUBJRCTs PUBLIC 11W RINO ON Z-1772
RECO MRNDATIONt
The Planning and Zoning Commission recomme,:4ed approval of Z-1772 at
its December 17, 1985.
$SQftlABY=
This petition to a request for a planned development on 3.173 acres,
Lots 6, 7, and 8 of the Rrwin Addition, located test of Lillian
Miller Parkway and south of I-35. Ve planned development would
permit the development of four office buildings with a total of
46,000 square test.
In Junn 1981, the Planning and Zoning Commission recommended denial
of a request for Office (0) coning (Z-1497). A petition for General
Retail (GR) zoning (Z-1616) was submitted in November of 1983 but
uas withdrawn before the Planning and Zoning Commiesion meeting. In
December of 1983, Mr. Pouts submitted a request for a planned
development on the property to permit the construction of a
two-story building vith 24,000 square feet of office area and 22,000
square feet of general retail arda; however, this request was
withdrawn be-!ore Planning and Zoning Commission recommendation.
This petition was originally a request for Office (0) toning, then
planned developed for one (1) office building, and finally the
petition as presented for four (4) office buildings.
MCKGROUNDs
This property to located in a moderate intensity arer. that contains
37 sores. The area includes 19.60 acres of Commercial/General
Retail existing land use, 3.00 acres of commercial unter
construction, 11.00 acres of duplex, and 3.40 aoree of single family
(8P-16) and based on current zoning the moderate area exceeds the
intensity standard by 71%.
The Denton Development Guide states tho,t moderate intensity area
policies recommend diversity in the areas to encourage intensity
gradation (buttering with land uses), transportation balance, a
community unit concept and to provide jobs nee: housing. The Outdo
also states that high intensity developments iin the fringe and/or
adjacent to residential areas should be protested by buffering,
strict site design (setbsoks, parking, landeo►ping, rte.) and insure
transportation land use balance. Another policy of the Guide
concerns the strip comaerotalisation of thoroughfares. The Guide
suggests limiting curb cuts, requiring sign restrictions, buttering
by greenbelts amid isadeoeping and encouraging diversity down the
dotridors (o4xmroial nodes separated by housing),
(Csrss E-1'172)
Pass Two
BACKOROU1N (Contintudl:
The Lillian Killer Parkway corridor between I-35 service road and
Robinson Road contains 62.70 scree of office and general
retail/coameroial toning. The property at Lillian Killer Parkway
and 1-35 service rood was toned in !larch qt, 1960. An ad.itional
40.084 acres of office and, general reteilf oning exists between
Southridge Village Shopping Center and Robinson Road including 16.65
acres - office and 22.431 sores - general retail toning.
The Hobson Lane$ Teasleyt and west of I-358 area to specifically
identified in the Development Guide. The policy states that the
neighborhood "density/intensity standard to closely monitored
especially in conjunction with commercial ani concentrated high
density pressures coming from the I-358 corridor."
I!R00RAMS ._D6PAMIaS OR GROUPS AfflgjlDi
Propc+rty owners within two hundred feet were mailed notices. All
City Departments involved in the development process would be
affected.
No impact can be determined at this time.
R pact lly a mil :
Rick Sveh a
Frropere . by: Acting City Manager
1
Cecile Carsou
Urban Planner
ApproiN d:
Jeff Meyer~~~
Director of Planning
and Development
1462&
ITT I'll 11115
i
PLANt
:ING AND ZONING COMMJ88ION
RECOMMENDATION TO CITY COUNC11.;
To: Denton City Council
case Ho.: Z-1772 Meeting Date: December 171 1985
GENERAL INFORMATION
Api piicafic: George Hopkins
101 N, Elm
Denton, Texas 76201
Statue of Applicant: Attorney
Requested Action: Change in zoning from single family
SF-16) to the planned development
Foi classificatlon for office use
(46000U squtire feet in four buildings)
Location and size: 3.173 acres, Lots 6, 71 and 8 of the
Erwin Addition, located west of
Lillian Miller Parkway, east of
Conway Strent, and south of I-35
Surrounding Land Use
and Zoning: North - Commercial (C)
South - sing).e Family (SP-16); vacant
East - Qenetal retail (GR)1
Southridge Village
West - Single family (SP-16)1
residential
Denton Deve:opment Guide: Site is located in a designated
moderate intensity area.
SPECIAL INFORMATION
Transportation: One driveway will be perwitted on
Lillian Miller Parkway. A sidewalk
will be required along Lillian Miller
Parkway. Only half of .;onway street
should be included in this tract,
Utilities: Rxtend existing 27" water line from
ncrth boundary of property in a 20'
easement along Lillian Miller Parkway
to southeast property corner, Rxtend
'7y 1 rR 1 ij.
''(Case 9-1712)
Page TWO
SPECIAL INFORMATION (continued)
Utilities (continued): 8" sanitary sewer from north boundary
of property to southeast property
corner, An oversize agreement must
be arranged with the City on this
water line,
Drainage: Some parking lot detection may be
necessary depending on how much of
the property is covered with asphalt
or concrete.
HISTORY
Mr. Tom Fouts petitioned the City of Denton for a change in
zoning from the single family (SF-16) to the office (0)
classification (Z-1497) in June of 1981 and the petition was
denied by the Planning and Zoning Commission. A petition
(Z-1616) for general retail zoning on this property was
requested by Toni Fouts in October of 1983. The petition was
withdrawn prior to being scheduled for a public hearing before
the Planning and zoning Commission. in December of 1983 a
petition (z-1625) for a planned development was requested by
Tom Fouts. The planned development proposed an office structure
containing b7,00U square feet and two stories in height. This
petition was withdrawn before the Planning and Zoning Commission
public hearing. This petition was originally a request for
office zoning, however, staff requested a planned development
and site plan be submitted. The r,rquest waa scheduled for the i
Planning and Zoning Commission meeting on November 6, 1985 as
one building, but that request was withdrawn and the present
request for four buildings was submitted,
ANALYSIS
i
The property is located in a moderate intensity area. The area
is approximately 37 acres in size including approximately 19.60
acres of existing commercial property. The moderate intensity
area is 71% over the :ntensity atandard based on current zoning, i
The Denton DevelopmI Guide discourages strip commercialization
of streets. The Development Guide states that the following 1
i0ms will be used to prevent strip commercialization: limited
curb cuts, site plans for multi-ownership properties (i.e „
parking, setbacks, etc,), encoure.ging diversity down the corri-
dor, arid discouraging unsi(+htly and hazardous strip commercial
n
'(Cass Z=1772
Page Three
ANALYSIS (continued)
by requiring sign restrictions, buf'ering by greenbelts, and
landscaping in site plans.
The planned development zoning for office use does provide a
buffer between the single family zoning and the general retail
zoning to the north and east. The same type of buffer zould be
provided by four-plexes, duplexes or other residential usesi
however, single family residences could be built with land-
scaping along Lillian Miller Parkway.
RECOMMENDATION
The Planning and Zoning Commission recommended approval by a
vote of 4 to 3 at its November 20, 1985 meeting witk the
following conditions:
1. The stvuctures will be lim o.ed to two stories with a
maximum of 46,000 square feet
2. No ingress or egress shall be allowed on Conway Street.
3. A tree preservation plan must be completed showing all
trees on the property and which trees will be removed.
The tree preservation plan must be approved by the City of
Denton staff before building permits will be issued.
4. Landscaping plan must be approwsd by City of Denton staff
before building permits will ;,e issued. Landscaping mutt
be provided along the full frontage on Lillian Miller
Parkway in the 15-foot setback.
5. One detached sign will be permitted and the approximate
location of the sign is shown on the site plan. The
detached sign shall be a ground monument sign with the
address and name of the office only. One sign attached to
each building is permitted. The signs must conform to the
City of Denton Ordinances.
6. The buildings must have residential type architecture
similar to the aurroundi.ng neighborhood,
ALTERNATIVES
1, Approve petition.
2. Approve petition with conditions.
3. Approve petition with additional conditions.
4. Deny petition.
q~ 7C;Y najj, '(Ce'8e 8-1772)
Page Four
ATTACHMENTS
1. Location map
2. Concept plan
3. Reply form totals
4. Property owner list
5. Minut6a of Planning and toning Commission meeting of
November 20, 1985
I
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OENTox.TEXAS T6E01 IsM 1164, 3714
RECLIVLU
REVI SM D
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ITT
PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1772
IN FAVOR IN OPPOSITION UNDECIDED
Wm. B. Wilson None Received
P.O. Box 50599
Denton, TX 76206
Southridge Place Jt. Vtr.
Dan Freundlich
1301 W. Presidio, Suite 205
Fort Worth, TX 76102
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Minutes
Plannin and Zoning Commission
November 10, 1985
The regular meeting of the Planning and Zoning Commission of the
City of Denton, Texas was held on Wednesday, November 20 1985, at
5:00 p.m., in the Council Chamber of the Municipal Building.
Present: Keith Appleton, Euline Brock, Bill Claiborne, Ruby Cole,
R. B. Escue, Jr., Gary Juron, and Tom Pearson
Absent: None
Present from Staff: David Ellison, Senior Planner; Denise Spivey,
Urban Planner; Cecile Carson, Urban Planned Joe Morris,
Assistant City Attorney; Jerzy Clark, City Engineer; Don
McLaughlin, Electrical Engineer= Ray Rumfield Civil
Engineer; Susan Mitchell, Secretary; and Olivia Casson,
Clerk-Typist
Chairman Bill Claiborne called the meeting to order.
1, MINUTES: It was moved bY Mr. Escue, seconoad by Mr, Appleton,
an nimously carried [7-0) to approve the minutes of the
regular meeting of October 230 1985.
It. CONSENT AGENDA: It was moved by Mr. Juren, socondad by
L0 1e, an unanimously carried (7.0) to appii,ie the :onsent
agenda as follows:
A. Approval of ftnal plat of the Audrs Meadows Addition,
Blocks A and B.
B. Approval of preliminary and final plats of the
Malone Addition, Lot 1, Block 1.
III. PUBLIC HEARINGS
A. 2.1772. Petition of George Hopkins, -epresenting
Tim Wuts, requesting a change in coning from the singgle
family (SP-16) to the planned development (PD) classifi-
cation on 3.173 acres located east of Conway Street, West
of Lillian Miller Parkway, and south of 1.35, The prop-
(UNAPPROVED) erty is more fu;ly described as lots 6 7, and 8, block 1,
of the J. W. Eruin Addition. If the planned development
is approved, the development of office buildings will be
permitted.
Eight notices were marled to property owners within 200
feet; no reply forms were received in favor or opposition.
PETITIONER: George Hopkins representingp Tor Pouts,
3fiEB'd"thFt southwest of this tract is tAe Skaggs Center,
immediately north is the Provident Bank tract, and north
of Provident Bank tract is a tract zoned commercial. He
said that the south, west and east sides of this tract is
abutted by SP-16, He said that there is an existing tree-
line on the west side of this tract aid that ht will be
left as a protective screen. He added that there is no
access to the residential areas from this tract. He said
that Southridge is well separated from this tract. He
said that Dan Preundlich, co-owner in the residential area
that surrounds this tract, is in favor of this petition.
Pe added that the Cityls primary concern is traffic and
density.
Sheldon J,jbm,on, traffic consultant from Barton and
Aschran, stated to determine a traffic Impact it is based
on the tract end surrounding areas. He feels that Barton
and Aschman have a relativelr good handle on traffic im-
pact studies in tb4n area wlih the workk they have done
with Vie Dimension property south of tAis tract and cur-
P 4 1 Minutes
November 201 1985
Page
rently with Oakmont Development. He said that the floor
area ratio is 0.39 to 1 and in terms of traffic impact
analysis traffic planning, and land planning this tract
is very low in terms of density and land use, however, the
land can support It because parling can be provided in ex-
cess of what is required by the City. He said In terms of
the utilisation of the 46 000 square feet, trip generation
rates as provided by the Instittie of Transportation
Engineers in a 1981 document aal that this site would gen-
erate 81S trips per day. He added that In the peak hours
it said there would be 7S trips n the morning and 60
trips In the evening. He said 1 at this is a very low
traffic generation for a site of this type. He said cot.-
sidering that Lillian Hiller Parkway is proposed In the
future as a four lane and estimcted based on this use,
Dimension DeveloppRent other land uses, Oakmont Develop-
ment, and some diversion of traffic from Teasley Lane,
this roadway has a potential in the year 2 000 for 22 000
vehicles per day at the interchange. He aided that Ne
volume will decrease as traffic moves war southerly from
interchange basically because of the Southridge Village
Shopping Center. He said that 22 000 vehicles per day on
a four lane divided roadway is well within the realm of
Level of Service C. He added that Level of Service is
terminology used by transportation pplanners to determine
whether a roadway can accomodate volume and levels of
service run from A through F with A as the best. He said
that in transportation terms a four land divided roadway
can handle from 24,001 to 28,000 vehicles pper day at a
Leval of Service C. Ile added that in the or day they feel
that this roadway will not have any severe traffic prob-
lems. He said that considering the 46 000 square feet of
office generating the trips that have teen estimated,
approximately of the 22,000 trips per day only U can be
attributed to this proposed development. He said that in
conclusion, this development would cause no traffic prob-
lems. He sold that there is a need for office development
in this area in terms of mixed use. He added that this
area may well have moderate intensity five years ago but
that he feels it is high intensity now.
Mr. Pearson asked how they established a number of 221000
vehicles per day and what factors were considerai,
Mr. Sheldon s%id that they based it on land use and
standards for the industry as if it were already devel-
oped. Mr. Pearson asked what are the Levels of Service
based on. M.. Sheldon said that they are based on a
volume to capacity ratio. He added that it is also based
on number of lanes, signaliaation, truck percents es,
physical characteristics of the roadway and that ft •a
done through a series of mathematical calculations. He
said this roadway as built could handle more than it does
now.
Hr. Ellison stated that he felt there is a very difficult
exit ramp to negotiate pre3ently not based on future plans
and an uncomfortable interchange at Lillian Miller Parkway
and 1.15. He asked what type of assumptions were ■adt
with the exception of the fact that Lillian Miller Parkway
may be a four lane divided highway in regards to the
future land uses olon Lillian Miller Parkway and in this
overall !study area. ie added that if we assume a contin-
uation of approving higher intensity uses that the roads
can accommodate the traffic from a capacityy standpoint.
He said that the index as defined by the Clty Is a com-
munity value ud emert and if put together by the citizens
In what they es~ comfortable with, Mr, Sheldon said that
a4sumptions were made with Dimension Development in that
it was going to be built as proposed and as they received
toning along with Oakmont Development and what the City
P B t Minutes
November 20, 198S
Page 3
felt was oing to happen in this area. He added that he
didn't think any of these assumptions were based on maxi-
mum build up of this area but really more of a moderate
and wt;it really may happen. He sold that It is a very
simple construction process to move the exit ramp further
to the north and that it would solve the merge and weave
problem that exists. He added that the City has turned
this area into a high intensity area in terms of traffic
and surrounding development.
Mr. Hopkins stated that the owners of the Southridge
Center to the east, Provident Bank, and Dunning Develop-
ment Ridgewayy Plata believe this is desirable toning for
this area. He stated that the original owner of the prop-
arty was under the impression that if he dedicated the
right-of-way and did the perimeter street improvements, it
could be used as an argument in his favor for rezoning of
this property. He said that he believed that there is
adequate buffering and that this property is no longer
suitable for single family because of chances in the
nature of the neighborhood. He sold he believes there is
community and public need for office in this area and that
it is not presently occupied by residents on surrounding
properties,
IN FAVOR: Bill Utter confirmed the fact that Lillian
RfTTIFF"arkway will be an extension of Loop 288 and
discussed how the right-of-way acquisition was acquired.
OPPOSED: Mitchell Turner, re resenting homeowners in the
Southridge Addition, stated that they are protesting
s ainst the land use. Ile said that a four lane un Lillian
M~ller Parkway is already needed an9 that if approved it
would add to the congestion, lie said this proposal would
raise the density and Intensity to an unacceptable level.
He said that this area needs no further commercial devel-
opment and with the Dimension Development being approved,
Southridge is surrounded by commercial. He added that
they are losing homeowners because of all the commercial
property being approved in this area. He said that he
feels existing homes in Southridge and surrounding
residential s ould be protected.
STAFF REPORT: Ms. Carson gave a brief toning history of
Enosi to stating there had been tour toning requests since
1981. She said that the property is located in a moderate
Intensity area and is 713 over the intensity standard
based on current toning. The property surrounding this
tract was toned prior to the Development Guide being es-
tablished and the ,ttderate node was established because
the toning was already existing for the Southridge Village
Shopping Center as well as the commercial tracts that
front on 2.35 service road. She said that the Denton
Development Guide discourages strip commercialitatlon of
streets and thoroughfare, in Dento.. The Development
Guide states that the following items will be usod to
prevent stri commercialization: limited curb cuts, site
plans for multi-ownershlp propyerties encouraging diver-
sity down r!,e corridor, and discuraging unsig tly and
hazardous strip commercial by requiring sign restrictions,
buffering by greenbelts, si,d Iondscapint in site Mans.
She stated that Lillian Miller Parkway had a number of
general retail and office sites approved. She said staff
objects because It would continue the increase of office
and general retail toning on Lillian ►litlar Parkway. She
said that there are small tracts of SP-16 zoning along
this property and that It deflhitely Impose a position
that this property shoLld be changed to a we depse use.
The plarned aevelopmnt zoning and the general retail ion-
ing to the north and east. The lame type of buffer could
,
.C t1 1.
P 4 Z Minutes
Novbmber 2o, 1985
Page 4
be provided by four-Ilexes, duplexes,, or other residential
uses: however, singe fanly residences could be built
with landsea ing along Lillian Miller Parkway. She said
that Conway Street does exist is a dirt road for a number
of houses as back access and others for only access,
Staff discourages any l!~.; of this street for ingress or
egress to this propert;. Staff recommends denial but 'f
the Planning and Zoning Commission is Inclined to recom-
mend approval conditions are suggested.
Mr. Claiborne asked it there would be signalizaation for
from the pcurrent ingressrand egressrtosSouthridge Village
Shopping Center. Mr. Clart stated that he believed Lhat
it was not needed,
Hr, Clerk saiddth-t abut hehCityohiscno fundshbudgetedafei a
four lane and the only option was to b ve a special bond
issue or the developers build the rosd.
Mr. Ellison asked if the state played a role In the devel-
opment of this ros'. Mr. CIP-k stated that they have no
interest and are currently ccamitter' to t,a rebuilding of
Teasley Lane. Mr. Ellison asked when they were last ap-
proachad. Mr. Clark said about six months or more. Mr.
Clark added th%t staff canr)t ver;fy the traffic study
provided by the petitioner because it was not presented to
the staff for review before the meeting.
Ms. Brock asked how Ridgeway Plata was approved and how
justified. Ms. Carson stated that it was a request by
Henry S. Miller Corr ration representing several home-
owners and a local attorney and that it was toned in
1980. She added that it was tr,ned at the time the maps
-and atitha time tlta I' +elormentuGuideawasniy being ot. adopted.
Mr. Ellison stated that staff's cant-rn was with the in-
tensity standard and the future trend of Lillian Miller
Parkway,
REBUTTAL: Mr, Hopkins stated that In the event that this It i b ause theuCitybehisnupgrededhotheripropertyesouth of this
and soaked up the number of vehicle movements per day that
are allowed. He said that this area has become a sigh in-
tensity area and more vehicles per day are justified. He
said that in resppect to the strip center, they have elim-
inated that troblem with one entry to this tract of land.
He said that they have attempted to coccoon this pproposal
as far as Southridge is concerned and that there is no
access to Southridge from this tract. He added that there
is adsquate buffering be= :en this tract and Southridge.
He said that they were Areeable with staff's suggested
conditions.
Mr. Claib-rne asked it he made in Attempt to contact
homeowners in Southridge. Mr, Hopkins said no.
Chair declared pub11,- hearing closed.
DECISION: Mr. Appleton stated that this is not a moderate
tntehirty area and that it was a high intensity area be-
cause of previous toning, He stated that he believed the
petitioner should not be penalised for three years of hard
work and that they shouldnOt be blamed for mistakes made
in the past in regards to the transportation. He added
that eventually developpers and/or a bond issue will take
care of the Lillian Tiller Parkway situation. He said
71 KUT"MM
P Z minutes
November 20, 1955
Page S
that, buffering is provided at,d that there is no better use
for this property than what Is proposed. He said that it
would have to be commercial or office so that it would
work in this area.
Mr. Pearson said that a buffer tone is pprovided and that
the land owner surrounding this proposal is in favor. He
said that Lillian Miller Parkway will eventually be a four
lane and that he felt this proposal would not have a sig-
nificant impact on the total area. He W d that the road
system should be built in advance by proposin of the land
use in a certain area. He said that the developers should
have to pay for it because they are the ones who benefit.
Mr. Juren moved to recommend approval of Z`-1772 subject to
the following conditions:
1. The structures will be limited to two stories with a
maximum of 46,000 square feet,
2. No ingress or egress shall be allowed on Conway Street.
3. A tree preservation plan must be completed showing all
trees on the property and which trees will be removed.
The tree preservation plan must be approved byy the City
of Denton staff before building permits will be issued.
4. Landscaping plan must be approved byy City of Denton
staff before building permits will be Issued. Land-
scaping must be provided along the full frontage on
Lillian Miller Parkway in the IS-foot setback.
S. One detached sign will be permitted and the approximate
location of the si n is shown on the atta Ian, The
detached sign shal be a ground monument sign with the
address and name of the office only. One sign attached
to each building is permitted. The signs must conform
to the City of Denton Sign Ordinance.
6. The buildings must have residential type architecture
similar to the surrounding neighborhood.
Seconded by Mr. Appleton.
Vote was called:
Aye - Appleton Cole, Juren, Pearson
Nay - Brock, Claiborne, Escue
Motion carryd (4,;),
1. Z-1776. Petition of Tom D. Jester, tr, requesting an
ame nam ent of a planned development (Pb•19) on a 5.3 acre
tract located at the southeast corner of Cooper Creek Road
and Mingo Rold, The property is further doscrih~d as the
Safety Kleen Plant site, The amendment to the planned
development will permit the construction of a,t addition to
an existing warehouse, the construction of a lording dock,
and an addition to an existing boiler/still rook facility,
pour notices were mailed to property owners within 200
feet; no reply forms were received in favor or opposition.
PETITIONER: Tom Jester representing Safetyr [leen, stated
a they plan an addition to the existing building to
build an office building on the present site. He said
that the City Council approved the bonds for this project
and that they were ready to build. He said that someone
Bali that they couldn't build because it was a planned de-
velopment. He said that they were on a very ti ht schedule
because the bonds are for a six month time por~od.
Mr, Claiborne asked If this was a recycling center. Mr.
Jester said yes that they would clean pars as would be
used in an auto repair shop, Mr. Claiborne asked If there
is adequate water pressure. Mr. Jester said that to his
knowledge there is and that it meets all requirement.
DATKi 12/19/Sy
gill COUNgn Ripon FORMAT
Tot Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: PUBLIC HEARING FOR ZONING CASE Z-1776
RECOMMENDATION!
The Planning and Zoning Commission considered this item at its
meeting of November 20, 1985 and voted to recommend approval of
z-1776 by a vote of 7-0.
gummy:
This is a request to amend an existing planned development (PD-18)
located at the southeast corner of Cooper Creek Road and !Bingo
Road. The Safety Kleen plant is located at this site.
BACKGROUNDS
This amendment will allow the construction of a loading dock, and
additions to the existing warehouse and boiler/still room. The
amendment is compatible with existing land uses.
I
PROGRM, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
espe idly bm d:
Rick 8vehla
Prepared by: Acting City Manager
/1aw,4.,
Denise Bpi ey
Urban Planner
Ap ov
i
Jeff
Director of Planning
and Development
1475&/1
PLANNING AND z )NINE COANISSION
SPORT TO TRe CITY COUNCIL
,
To: Denton City council
Case No,: Z-1776 Meeting Date: December 17, 1985
GENERAL INFORMATION
Applicant: Tom D. Jeeter, Jr,
P. 0. Box 280
Denton, Texts 76201
Status of Applicant: Owner's attorney
Requested Action: Amendment Of existing planned
development (PD-18)
Location and Size: Approximately 5,3 acres located at
the southeast corner of Ming Road
and Cooper Creek Road
Existing Land Use: Safety-Kleen plant site
Surrounding Land Use
and Zoning: North - Vacanti outside city limits
south - Single family, convenience
store/gas stations LI, C
East - Vacants LI
west - Pillsbury Green Giant plant
site= C
Denton Development Guide: Site is located in a low intensity
area,
SPECIAL INFORMATION
Transportation: This property has frontage on Cooper
Creek Road which is unimproved with
80 feet of right-of-way,
Utilities: Existing 10" water and sewer lines
along Cooper Creek Road from Highway
380 to the railroad will serve this
property.
Drainage: Drainage on Cooper Creek Road is
poor, A retention pond on the
property will be filled in,
;r.
'(case' 2-1776)
Page Two
ANALYSIS
On June 4, 1974, the city Council approved planned development
(PD-18) for the development of the Safety-Kleen plant site.
Recently, the City Council approved the sale of industrial
revenue t,ra9 for expansion of the current plant site. Th,
developers propose co add on to the existing warehouse,
construct a loading dock and add on to an existing boiler/still
room.
The site is adjacent to existing low and moderate intensity
areas. The property to the east is zoned light industrial and
described in the Economic Development Fact Hook as suitable for
industrial development. Property to the west is the site of the
Pillsbury/Green Giant di(tribution center. This site is bounded
on the north by the Texas and Pacific Railroad and on the south
by an area of future expansion. The proposed use seems to be
compatible wit[ surroundiny land uses.
RECOMMENDATION
The Planning and Zoning Commission considered this item at its
meeting of November 20, 1985 and voted to recommend approval of
Z-1776 by a vote of 7 to 0 with the following condition as the
expansion of the planned development is compatible with
surrounding land uses:
1. Development will conform to the approved planned
aevelopment site plan.
ALTERNATIVES
1. Approve petition with conditions
2. Approve petition without conditions
2, Deny petition
ATTACHMENTS
1, Location Map
2. Planned Development Site Plan
3. Reply Form Totals
4. Property Owner List
5. Planning a,d zoning Commission minutes of November 20, 1985.
10638
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
2-1776
IN FAVOR IN OPPOSITION UNDECIDED
James R. Neblett None Received
Box 1066
Denton, TX 76202
CPO
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2.6
V
IMEN
P 6 2 Minutes
November 20, 1985
Page S
that buffering is provided and that there +s no better use
for this property than what is proposed. He said that It
would have to be commercial or office so that it would
work In this area.
Mr. Pearson. said that a buffer zone is provided and that
the land owner surrounding this proposal is in favor. Ile
said that Lillian Miller Parkway will eventually be a four
lane dnd that he felt this proposal would not have a sig-
nificant irpact on the total wrea, He sold that the road
system should be built in advance by proposin of the land
use In a certain area. He sold that the developers should
have to pay for it because they are the ones who benefit.
Mr. Juren moved to recommend approval of L-1771 subject to
the following conditions:
1. The structures will be limited to two stories with u
maximum of 16,000 square feet,
1. No ingrate or egress shall be allowed on Cnnway Street.
3, A tree preservation plan must be completed ehowing all
trees on the property and which trees will Le removed,
The tree preservation plan must be approved byy the City
of 7enton staff bafore building permits will be issued.
4. Landscaping plan must be a proved byy City of Denton
staff before building permits will be Issued. Land-
scaping must be provided along the full frontage on
Lillian Miller Parkway in the 15-foot setback.
5. One detached sign will be permitted and the approximate
location of the sign is shown on the site plan. The
detached sign shall be a ground monument sign with the
address and name of the office only. One sign attached
to each building is permitted. The signs must conform
to the City of Denton Sign Ordinance.
6. The buildings must have residential type architecture
similar to tho surrounding neighborhood,
Seconded by Mr. Appleton.
Vote was called:
Aye - Appleton Cole, Juren, Pearson
Nay - Brock G0 borne, Escue
Moil an carried (4-3).
B.i 1776. Petition of Tom D. Jester, Jr. requesting an
liIrMent of a planned development (PD-18) on a S.3 acre
tract located at the southeast corner of Cooper Creek Road
and Mlno Road. The property is further described as the
Safety Kleen Plant site. The amendment to the planned
(UNAPPROVED) development will permit the construction of an addition to
an existing warehouse, the construction of a loading dock,
and an addition to an existing boiler/still room facility.
Pour notices were mailed to property owners within 200
feet; no reply forms were received in favor or opposition.
PfiTITiONER: Too Jester representing Safety Kieen, stated
s ey elan an addition to the existing building to
build an oftlce building on the present site. He said
that the City Council approved the bonds for this project
and that they were r9ady to build. He said that someone
said that they couldn't build becausa it was a planned de-
velopsent. He said that they were on a cty tiyyh schedule
because the bonds are for a six month time perio~,
fir, Clolborne asked If this was a recycling center. Mr.
Jester said yes that they would clean pore as would be
used in an auto repair shop. Fir, Claiborne asked if there
it adequate water pressure, Mr. Jester said that to his
knowledge there is and that It meets all tequireeents.
,
5 ~7 '-77777-77
P i Z Minutes
November 20, 1985
Page b
IN FAVOR: None present.
OPPOSED: None present.
STAFF REPORT: Ms. Spivey stated that on June 4, 1974, the
y ounc approved a planned development (PD-18) for
the development of the Safety~Xleen site for development
of the on anal plan. She said recently, the City council
approved the sale of industrial revenue bonds for expan-
sion of the current plant site+. The developers propose to
add on to the existing warehouse, construct a loading dock
and add an to an existing botler/still room. She said the
pro arty to the east is toned light industrial and de-
scribed in the Economic Development Fact Book as suitable
for industrial development. Property to the west is the
site of the Pillsbury/Green Giant distribution center.
She said this site is bounded on the north by the Texas
and Pacific Railroad and an the south by an area of future
expansion. She added that the proposed addition seems to
be compatible with surrounding land uses, She said that
when building plans were submitted to building inspection
they were red flagged at that point because any addition
to a planned development has to be approved by Planning
and Zoning Commission and City Council. She stated that
there are two areas that staff would like Planning and
Zoning Commission's direction on:
1. This tract was already platted before the Subdivision
Regulations were In effect and that Cooper Creek Road
is not up to the standards, She said that staff would
like to attach perimeter street paving to the planned
developRent.
2. She said that on the southern border there is a street
for access named Mary Lee. She said that it is really
an access street for the property to the east. She
stated that staff felt it should be cul-de-sac to
prevent traffic onto other tract.
Ms. Spivey said that staff rt,commended approval with a
g4p elution and that these confitions can be cdded by the
direction of the planning end Zoning Commission,
Mr. Claiborne asked if adjacent property owners had given
Mary Lee Road to the City. ils, Spivey said yes and that
the land to the south is a1 sr: under the same ownerL`:ip and
reserved for future expansion, She said that there is no
dedication of right-of-way fl)r the expansion of Mary Lee
Road at this time so it is f-alt by staff that it should be
cul-de-sac.
Mr. Appleton said that he felt perimeter street paving and
a cul-de-ssc to Mary Lee Rold ii very unfair to the peti-
tioner. Ms. Spivey suid that :his property was platted in
1974 and that the regulations have changed and it is not
up to standard,
REBUTTAL: Mr, Jester stated thst the pperimeter street
I7i~TWlents and a cul-de-sac to Mary i•ea Road was news to
him. He said that he thought it would be very unfair to
owners because this would put a delay factor on them and
that they were working on a short tive freme. He ssiJ he
felt the issue should be corsidered on the amendment and
that they could come back at a later date for other two
Issues.
Mr, Claiborne said that he felt the expansion should be
dealt with now and deal with other two issues later.
itnnilpesployeeseoritraffici, r, Jester saidano,Xddi•
Chair declared public hearioig closed.
P 6 Z Minutes
November 20, 198S
Pa`e 7
DECISIONi Mr. Claiborne moved to recommend a proval of
1=T7T6 subject to the condition that the development will
conform to the approved planned development site pplan,
~nded by Ms. Cole and unanimously carried (7-0),
C. 2-1777. Petition of Reward Joint Venture requesting a
cching a in zoning from the sin It family (SF-7) district
to the planned development (PI) classification on a 2.3
acre tract located on the south side of U.S. Highway 380
East, approximately 250 feet vest of Redwood Street. The
property Is further described as a tract In the J.D. Lilley
Survey, Abstract 627. If approved, the planned development
will permit the construction of a two story 34,800 square
foot office building.
Thirteen notices were mailed to property owners within 200
feet; two reply forms were received in favor, eleven reply
forms were received in opposition and 95 reply forms were
received from persons not on mailing list,
PETITIONER: Roger Barrett, representing Reward Joint
venture, stated this is an odd-shaped parcel 'located along
Highway 380 proposed for an office site. He said that the
site Is heavily wooded and that they would try and main-
tain most of the trees for a quality development. He said
that the current trend is to minimize residential use
along a major U,S. Highway and the best consensus for the
proporty is an office site He said that they had several
meetings with the .Aelghbors but that they were very unpro-
ductive. He added that they wanted the land to remain
SF-10, SF-7, or a ppark and that they wanted no commercial
or rental units, Ne said that the office would be resi-
dential type architecture and that it was proposed as a
single element to minimize pad site and maximize open
s ace, He said that there was only one access point to
minimize traffic congestion and a landscape buffer and
fence to buffer rear lot lines,
IN FAVOR: Carolyn Cushman, 1513 Spencer Road stated that
Tf9'3'wrb'IiTd like to see this type of office building on this
property because the heavily wooded area provides a hide-
out for vagrants, kids, stray dogs, and crime. She said
that this property fronts on a major highway and that it
ti unsuitable for homes because of its size and location.
She said that she would rather have an office site with
daytime traffic then a nightclub or bowling alley, She
said that she believed that this office building would
only upgrade the neighborhood whi re the houses are 30 and
40 years old,
OppOSED: Janice Collvins, 2011 Boyd, stated that the
BLITdIng would be detrimental to the property surrounding
it and that it would deface the neighborhood. She said
that the building would be completely out of co:next with
the surrounding area. She said that it would increase
traffic congestion because the cars would enter the neigh.
borhood to a+,old traffic on University to get to this
office site. She added that It would also create a hazard
for the children who travel to school on their bicycles
and those that play ,in the neighborhood. She said that it
would be a neighborhood eyesore because of the height,
dumpsters, paring lot litter, health hazard if a restau-
rant is allowed, and flooding If the trees are removed.
She said that flooding has occurred because of a two story
church over. on Mohican Street and that they do not want
this to happppen in this area. She said that this office
building w111 overview three city blocks which inhibits
the privacy of the surroundinj homes, She added that they
Y
DATS' 12 IMS
TO: Mayor and members of the City Council
FROM: Riot Svehla, Acting City manager
SUBJKCT PUBL[C HBARMO FOR ZONING CASK Z 1777
R99OM4I UDATIM
The Planning and Zoning Commission considere this item at its
meeting
by a vote of 6-1.
HHKMt
This to a rat,uest for a change in zoning from the single family
(SP-7) distr'et to the planned development (PD) classification for
U.S.
Office uc250 tract feet located West of tRedwQoodh Stside of reet.
Highway 300 approximately
BACKOROUlf D :
The Planning and Zoning Commission voted. to deny this request as it
violates the Intensity standard and office/retail concentration
policies for low intensity areas.
OPR GRAm9. DEM AL-MM A Qs
Not applicable
_W:
There is no impact on the general fund.
spec lly s bmi
Rick Svehla
Pr1epar~ed ~bys Acting City Mznagar
Denise D val -
Urban Planner
App ve
Jo,ff PSa
Diteotor of 71"ning
and Development
1475,/2
PLANNING AND ZONING COMMISSION
REPORT TO THE CITY COUNCIL
To: Denton City Council
Case No.: 2-1777 Meeting Date: December 17, 1985
GENERAL INFORMATION
Applicant: Reward Joint Venture
300 Union Bank and Trust Tower
5950 Berkshire Lane
Dallas, Texas 75225
Status of Applicant: Owner
Requested Actions Change from the single fwaily (SF-7)
district to the planned development
classification (PD) for office use.
Location and Size: A 2.3 acre tract on the south side of
U.S. Highway 380 approximately 250
feet west of Redwood Street.
Existing Land Use: Vacant
Surrounding Land Use
and Zoning: North - Single family residential,
Vacanti SF-10
South - Single family residential,
Vacant; SF-7
East - Single family residential,
churcht SF-7
West - Vacant bowling alleys SF-7, C
Denton Development Guide: Property is located in a low
intensity area.
SPECIAL INFORMATION
Transportation: The tract has frontage on U.S.
Highway 3801 a primary major
arterial. One access point will be
permitted on Highway 380. A sidewalk
will be required along Highway 380.
(Case Z-1777)
Page Two
SPECIAL INFORMATION (Continued)
Utilities: A lb' waterline runs west-east along
Highway 380 along the frontage of
this tract. A 10' sanitary sewer
runs south from Highway 380
approximately 150 feet east of this
tract.
Drainage: The property is located at the top of
a basin, Down4tream flooding exists
as no improverr,ents are present.
Detention or downstream channel work
will be needed.
ANALYSIS
I
7,JAs tract is located in a low intensity area which is
designated for predominately residential use. The proposed
zoning will permit the development of a two story, 34,800 square
foot office building. The foiluwing analysis rates the proposal
for compliance with Denton Development Guide policies for low
intensity area:
1. The tract is located in a low intensity area which is 1%
over the intensity standard based on existing land use
and 2278 over the standard based on existing zonings
however, a portion of the area is zoned planned develop-
ment for the construction of a 211,000 square foot
office/retail center which has not been developed.
2. The Development Guide states that access to higher
intensity areas should be from collector sized streets
or larger, Access to this site will be from U,S.
Highway 380, a primary major arterial. Traffic is not
forced to flow through local/reni,dential streets to
reach this site.
3. Strict site plan review for the protection of adjacent
neighborhoods and property owners is possible through
the planned development,
4, Development Guide policies state that office/retail
developrrints should be limited to four acre concentra-
tions and these concentrations are to be separated by
one-half mile or fifty percent of the intensity area
length, Thera are approximately three acres of commer-
cial zoning and development located at the southdast
t,
r
Case (Z-1777)
Page Three
ANALYSIS (Continued)
corner of U.S. Highway 380 and Ruddell Street. The
development of an additional 2.38 acres of office zoning
iculd result in a total of 5.3 acres of office/commercial
zoning in this area, This total would violate the four
acre concentration limit by 1,3 acres,
SITE PLAN ANALYSIS
The Ljroposed site plan contain several positive, features. Only
on<, access paint will be permu ted on U.S. Highway 380 as is
fonsistent ,4ith the Development Guide policy of controlling
access al( ; maJor thoroughfares. Ample panting for the propose
office building is provided. A six foot solid fence and land-
scape buffer will be ;provided along the southern and eastern
borders of the site for buffering and screening purposes, Many
existing trees on the lot will be retained. A generous thirty
foot setback will be provided between the office building and
single family rehidences to the south and eaut of the property. q
],Lt- MMENDATIUN
,t,e Pla,,ning and Zoning Commission considered this item at its
meeting of !dovember 20, 1485 and voted to recommend denial of
2-17.7 by vote of 6-1 as the area intensity standard and
office/c .,nerciai concentrations are violated. The following
unditi.oiis were offered for development.;
i. Th,_ office building will be limited Lo 34,800 square
feet in area and tw-, stories in height,
2. The devel pment of the tract will be consistent with the
approved planned development site plan.
3, A 'six foot colic fev, and landscape buffer will be
erected along the entire southern and eastern boundaries
of the property.
4. A landscaping pl,xn, to be approved by staff, muht he
submitted with construction plans during the building
permit phase of development. Existing trees shown on
the site plan shall be retained.
i
Case (2-1777)
Page Four
RECOMMENDATION (Continued)
I
5. The building appearance shall be residential in nature
and compatible with construction styles in surrounding
neighborhoods.
61 One detached ground/monument sign listing the name and
address of the building only shall be permitted. This
sign must conform to all City of Denton ordinances.
ALTERNATIVES
1. Approve petition with conditions
2, Approve petition without conditions
3. Deny petition
i
I
ATTACHMENTS j
1. ?vocation Map
2. PD Site Plan
3. Reply Form Totals
4. Property Owner List
5. Planning and Zoning Commission minutes of November 20, 1985 j
i
14419
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DEVELOPMENT CONCEPT
OFFICE PARK
REWARD JOINT VENTURE
FWIM, F.UWAPh9 d ASWCIAIF.4, INC.
ENONEERS + SURVEYORS 4 PLANNERS 0 0 0 ~ NdifH
t,l i t
^ROPERTY OWNER REPLY FORMS
CITY COUNCIL
2..1777
IN FAVOR IN OPPOSITION UNDECIDED
Richard B. Cushman Quinby Self
1551 Mingo Road 2000 Boyd St.
Denton, TX 76201 Denton, TX 76201
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Kovepber 20, 08S
Pago 7'
DECISION: Mr. Claiborne moved to recommend a proval of
T-TTfS"'~ubfect to the condition that the development will
conform to the approve4 planned development site pplan.
Seconded by Ms. Cole and unanimously carried (7-O).
C. 1777. Petition of Reward Joint Venture re questing a
th-ic'g e- in toning f:o■ the single family (SF-7) district
to the planned development (PD) classification on a 2.3
acre tcjct located on the south side of U.S. Highway 380
East, approximately 250 feet west of Redwood Street. The
(UNAPPROVED) property, is further described as a tract in the J.D. Lilley
Survey, Abstract 621, If approved, the planned development
will permit the tonstructlon of a two story 34,800 square
foot office building.
Thirteen notices were mailed to property owners within 200
feet; two reply forms were received in favor, eleven reply
forms were received in opposition and 4S reply forms were
received from persons not on ■ailing list.
PETITIONER: Roger Barrett, representing Reward Joint
venture, stated this is an odd-shaped parcel located along
Highway 380 pproposed for an office site. He said that the
site is heavily wooded and that they would try and vain-
tain most of the trees for a quality development, ke said
that the current trend is to minimize residential use
along a major U.S. Highway and the best consensus for the
property is an office site. He said that they had several
meetings with the neighbors but that they were very unpro-
ductive. He added that they wanted the land to remain
SP-10, SF-7, or a ppark and that they wanted no commercini
or rental units. He said that the office would be res',-
dential type architecture and that it was proposed as a
single element to minimize pad site and maximize open
space. He said that there was only onr access point to
minimize traffic congestion and a landscape buffer and
fence to buffer rear lot lines.
IN FAVOR: Carolyn Cushman, 2513 Spencer Road, stated that
3Tie woJrd like to see this type of office building on this
property because the he;vily wooded area provides a hide-
out for vagrants, kids, stray dogs, and crime. She said
that this property fronts on a major highway and that it
is unsuitable for homes because of its size and location.
She said that she would rather have an office site with
daytime traffic than a nightclub or bowlinalley. She
said that she believed that this office bull ding would
only upgrade the neighborhood where the houses are 30 and
40 years old.
OPPOSED: Janice Collvins, 2011 Boyd, stated that the
u ng would be -ietrimental to the Property surrounding
it and that it would deface the neighborhood. She said
that the building would be completely out of context with
the surrounding area. She said that it would increase
traffic congestion because the cars would enter the nei8h-
borhood to avoid traffic on University to get to this
office site. She added that it would also create a hazard
for the children who travel to school on their bicycles
and those that play In the neighborhood. She said that it
would be a neighborhood eyesore because of the helght,
dumpsters, parking lot litter, health hazard if a restau-
rant is allowed, and flooding if the trees are removed.
She said that flooding has occurred because of a two story
church over on Mohican Street and that they do not want
this to happppen in this area. She said that this office
building x111 overview three city blocks which inhibits
the privacy of the surrounding hones. She added that they
I~
P Z Minutes
November 20, 1985
Page 8
cannot be assured of any protection by police or security
and feel that this office building will breed criae. She
siA d that she would like to see it remain as is.
Ms. Brock asked if they had eny problems with this area
such as crime. Ms. Co lvins said that they have had no
problems and that if an office building is allowed the
teenagers will have another ph►king lot in which to park,
Mr. Verson asked if the cityy had been called about the
drainage frog the church. Ms. Collvins said that she
believed it was to be taken to city Council. She said
that the church had channulnd the water with railroad ties.
Ms. Buddy Bruce, 1911 Boyd, stated that there has to be a
stopping place to toning so that these areas in the city
can be preserved. She said that she would like to see it
remain as is or SF-7 housing.
James Collvins, 2011 Boyd, stated that most people will
take the most convenient and qutckest way to this propposed
site and that it would be through the neighborhood ant
University. He said that there is no drainage provisions
for this piece of property and that his backyard already
floods when it rains and it will further flood if this
building is built. He said that there is no way that this
building can increase the value of his property. He said
that there is 958,580 square feet of office space else-
where in the City of Denton available for rent or lease.
Hr. Pearson stated that he would like to commission a
study to see if an office and other uses of this type have
a detrimental offect to the value of residential property,
Hr. Collvins said that he wasn't willing to take the risk
to see if it was or rot and that he believed it would hurt
his property value ai+d quality of life.
Margaret Holloway, 2008 Boyd, stated that she has spent
twenty-two years paying for her house so that she would
have a place to retire and that she would like to see it
remain as it is.
Debbie Wright, 1513 Creek, said that if there was an
office building there when they were looking for a house
that they would have not bought In this area. She said
that they ahva never had any problem with the wooded area
one that her concern would be with the parking lot as seen
with the US Bank Building parking lot and the teenagers.
She said that they have no guarantee about mai_ntenane or
security when the building is built. She said that she
knew of no meetings and that the notices were incorrect,
She asked for the people who were in opposition to sand
up.
Approximately 60 people stood up.
Mr. Ellison stated that the notice was correct but the map
was incorrect. He apologized and stated that it was
attempted that they .eceive a correct map.
Weldon Bridges 1800 Greenwood, stated that he bought his
property in Fe~rsuary and that it was single fsiily and
that he would like to see it remain.
Ms. Cushman asked how many people lived within 200 feet
to stand up, Approximately twenty people stood up.
Mr. Claiborne stated that anyone could speak to favor or
opposition whether or not they are within 200 feet.
P a L Minutes
November 209 1985
Page 9
Etta Skiles said that he has lived In this area for
twenty-five years at 2017 Redwood and that she did
not receive a notice. She sold that the only reason
Ms. Cushman was in favor is because she is up for A
rezoning.
Ms. Cushman stated that she was not asking for a coning
change.
STAFF REPORT: Ms. Spivey stated that this tract is
located T a low intensity area which is 11 over the
intensity standard based on existing land use and 2271
over the standard based on existing tonin ; however, a
portion of the area is toned planned development for the
construction of a 211,000 square foot office/retail center
which has not been developed. She said that the
Development Guide states that access to higher intensity
areas should be from collector sited streets or larger and
that it will be provided by Highway 380 which is a prikaary
major arterial. She said a strict site plan review for
the protection of adjacent neighborhoods and property
owners is possible through the planned development. She
said that there is approximately three acres of commercial
zoning and development located at the southeast corner of
U.S. Highway 380 and Ruddell Street. She added that the
development of an additional 2.33 acres of office zoning
would result In a total of S-3 acres of office/commercial
zoning in this area and that tLe concentration policy
would be violated by 1.3 acres. She said that the pro-
posed site has several positive features like one access
point, ample parking, six foot solid fence and landscaping
buffer along the southern and eastern borders, many of the
existing trees will be maintained, and thirty foot setback
between the office building and single family residences
to the south and east. She said that staff recommends
denial of Z-1777 as the area intensity standard and office/
commercial concentrations are violated. She added that if
the Commission is inclined to grant this proposal, there
are conditions recommended by staff.
Mr. Appleton asked if staff had any ideas about what would
be applicable for this piece of property is not single
family. Ms. Spivey said that it was not impossible for
single family but it would be difficult. She said that
the shape of the tract makes it difficult because they
would need 6 or 7 curb cuts ar,d that they are discouraged
on a major thoroughfare.
Mr. Pearson asked what determines residential in nature
for the buildings. Ms. Spivey said that they have been
able to use this successfully in past planned develop-
ments. She said that the best example is located at the
northwest corner of Carroll Boulevard and LCongress with
the doctors' office. She said that the architect and
staff make it compatible with the neighborhood in regards
to structure, paint, landscaping, etc.
Mr. Clark stated that the church was platted before the
new regulations and that no off site improvements were
required. He said that the church was given some exact
descriptions in how to solve the flooding problem but due
to monetary problems elected not to do so. He added that
with the new regulations that they are trying to sake
sure that this does not Happen with other developments.
He said that this now con a stopped and addressed at the
planning stages. He said that there needs to be a CiP for
this whole area and than they could run a lataral line in
this sreA to collect water. He said that this money is
P 8 1 Minutes
November 10, 1985
Page 10
s oken for until 1990 and there is no immediate help in
this area. He said the only way for immediate help would
be to put some money in the operating budget.
Mr. Pearson asked if anythingp could be done about people
cutting through the subdivision. Mr. Clark stated that he
could see no method in stopping them.
REBUTTAL: Mr. Barrett said that in regards to the drain-
age t eh have done preliminary studies and that they ha-;e
the engineering capability to handle the many concerns on
such a tract as this. He said that when there is vacant
land there is always a potential for res•ining and ct,ange
of use. He said this is an unusual parc&l of difficult
shape and location. He said in regards to the overall
site plan they have attempted to save most of the trees
and create a small building pad as possible. He added
that no matter what is proposed here, there will be noise,
traffic, people, and trash.
Chair declared ;~uSlic hearing closed.
DECISION: Mr. Julen moved to recommend denial of Z-1777,
seconded by Ms. Brock.
Mr. Pearson stated that this is a viable project maybe not
idea'i and very difficult to make a judgement, He said
given the pros and cons that he would vote for It.
Ms. Brock stated that it violates two important policies
in the Development Guide and that if approved it would
make it very risky to buy - home in Denton.
Motion carried (6-1). Mr. Pearson voted no.
D. 2-1778. Petition of Oltman and Associates requesting an
-men sent of an existing planned development (PD-22) on
a 30.3 acre tract located on the south side of Ryan Road
approximately 1,500 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 relocstton of an approved addi-
tion to the current residential structure and the reloca-
tion of a parking lot.
Four notices war,, mailed to property owners within 200
feet; no rbpiy forms were received in favor or opposition.
PETITIONER: Rod Moore, representative of Good Samartian,
stated tKat the Commission 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 redesigneJ the site Plan because it was not
functional as a nursing facility. Le said the only
changes were the configuration of the building a little
bet and the relocation of a parking lot.
IN FAVOR: None present.
OPPOSED: None present.
STAFF REPORT: Ms. Spivey said that staff recommends
appl3DiT'Sf 2.1178 as the site plan amendment does not
affect the intensity standard 'or the area and will
provide residents with a more pleasing view of the site.
LEBITTALt None offered.
DATE: 12/17/85
CITY COUNCIL REPORT FORMAT ~
d I
TO: Mayor and Members of the City Council
FROM. Rick Svehla, Acting City Manager
SUBJECT: Hold a public hearing concerning the request of Miller of Texas
for voluntary annexation of 801.705 acres situated ii the M.E.P.
& P.R.R. Survey, Abstract 1470; the E.F. Anderson Survey, Atatract
16; the E.A. Orr Survey, Abstract 983; the G.W. Anderson Survey,
Abstract 12; the H.E.P. & P.R.R. Survey, Abstract 1502; and the
T & P Survey, Abstract 1302, Denton County, Texas; being part of a
tract known as the Golden Hoof Ranch and beginning .,ouch 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.
SAC IU1b': This is a voluntary annexation request by Miller o: Texas, Inc.
The purpose of the annexation is to seek zoning. The site is
located approximately 11,000 fret 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 Zoning
Act, but outside of the area controlled by the Municipal Airport
Zoning Regulations.
PROGRAMS, DEPARTMENTS JR OROUPS AFFECTED:
There are no existing structures, residences or population in-
cluded in this area according to information supplied by the
pet)cloner.
FISCAL IMPACT:
Undet:rmined
Re pect lly ub ted:
is 'vea
Acting City Manager
I
Prepay d by:
David E1 isou
Senior Planner
App vQ
e
Oiractor`of Planning
and Community Development
1270L
NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED rtRSONS THAT:
The City of Denton, Texaa, 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 situated in the E.A.
Orr Survey Abstract Number 983; the TLP Railroad Survey,
Abstract Number 1302; the MEP 6 PRR Co. Survey, abstract Number
1470; The MEP 6 PRR Co. Survey, Abstract No. 1502; the E.F.
Anderson Survey, Abstract No. 16; and the C.W. Anderson Survey,
Abstract Number 12, and being more particularly described as
follows:
BEGINNING at a point in the present city limits as established
by Ordinance No. 74-360 Tract V, said point lying at the
intersection of the West boundary line of said Tract V with the
South right-of-way line of State Highway U.S. 380;
THENCE South 6° 54' 44" West, along said present city limits, a
distance of C'~ feet to a point for a corner;
THENCE South 83° 05' 16" East, Along said present city limits, a
distance of 3,184 feet to the beginning of a curve to the left
with a radius of 11,959.16 feet, n central angle of 1° 39' 04"
and a chord of South 84 26' 41" East, 553.31 feet;
THL4CE 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 to a steel pin at a fence corner;
THENCE South 89° 59' 47" East with it fence a distance of 1,174.8
feet to a attel pin in Egan Road;
THENCE South 09° 03' 21" East with raid Egan Road a distance of
1,400.0 feet to a steel pin at the intersec, ' ~ion of Egan Road
with Jim Christal Road, also being oa the oouth line of said
E.A. Orr Survey;
THENCE North 89° 55' 00" West with said aim Christal Road and
with the South 1'.ne of said E.A. Orr and T&P Railroad Surveys a
distance of 3,941.44 feet to a steel pin for corner;
THENCE North 00° 05' 00" East a distance of 10550.0 feet to e
steel pin for corner;
THENCE North 89° 55' 00" West a distance of 1,405.16 feet to a
steel pin for corner;
THENCE South 00j0 05' 00" We6t a distance of 1,550.0 feet to a
steel pin on the South line of said TLP Railroad Survey and in
Jim Christal Road;
THENCE North 69° 55' 00" West with said Jim Christal Road and
vith th4 euth line of said Ti4 Railroad Survey and South line
of said Kif 6 PRA Co. Survey$ Abstract Number 1470 part of thn
A•32/MILLER OF TEXAS/PACE ONE
,43 •r'r['~'r s,`yr
.
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" 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 '.,144.02 feet to a steel pin on a West line of said
PEEP & PRR Co, Survey, Abstract Number 1502 also being the East
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
Northeast corner of said Collins Survey;
THENCE North 88° 57' 59" West with a South line of said PEEP &
PRR Co. Survey, Abstract number 1502 and the South line of said
Anderson Survey and with a fence a distance of 1,510.16 feet to
a fence corner post on the southeast right-of-way of A.T. & S.F.
Railroad, and being 75.0 feet from the center of said railroad;
THENCE North 28° 52' 21" East with 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 sai(-4 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 r.80 52' 21" East with said railroad right-of-way a
distance of 8.40.0 feet to a steel pin for corner;
THENCE North 89° 32' 20" East along and near a fence a distance
of 2682.85 feet to a steel pin in Nail Road, also being on the
East line of said Anderson Survey, and a West line of said MEP &
PRR Co. Su:voy, Abstract No. 1470;
THENCE North 00° 1L' 16" Watt with said Nail Road and with the
East tine of said Anderson Survey which is a West line of said
PEEP & PRR Co. Survey distance of 400.01 feet to a steel pin at a
bead in saLd road and being the Northeast corner of said
Anderson Survey;
TAVICE North 89° 48' 44" East with said Nail Road and with a
North line of said HEP & PAR Co. Survey a distance of 197.2 feet
to a steel pin in a bend of said Nail Road also being the
Southeast corner of U. Allen Survey, Abstract No. 14 also being
en inner corner of said PEEP & PRR Co. Survey, Abstrart Number
1470;
THENCE North 00° 11' 16" West with a West line of said MEP & PRR
Co. Su+.vey and with Nail Road a distance of 1,675.2 feet to
point fox a corner;
THENCE South 83° 05' 16" East along the South right-of-way line
of said U.S. 380 a distance of 3,153.4: feet to the place of
beginning and containing 765.L acres of land more or less.
A Public Hearing will be hold by and before the City u oil
qf the City of Denton, Texas, on the /7r day of ,
1985, ae 7:00 o'clock P. M, in the C ty uncil C ere o t
Municipal building of the City of Denton, Texas, for all persons
interested in, the above proposed annexation. At said tine and
place all su-h persons shall have the right to appear and be
A-32/HILLER OF TEXAS/PACE TWO
a~
h
heard. Of all said matters end things, all persona interested
in the things and matters herein mentioned, will take notice.
A Public Nearing will be held by and before the City Council
of the City of Denton, Texas, on the 7r{ day of
198b, at 7100 o'clock P. H. in the C ti-y-Council C era a t e
Municipal building of the City of Denton, Texas, for all pe eons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice.
CIT OF D* TON, TEXAS
ATTEST:
CKAKLOT~
A-72/14ILLER OF TFW /PACE THREE
r 7I!•'
PLAN OF SERVICE FOR 'ANNEXED AREA, CITY OF,DENTON, TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a snap of the proposed annexation.
NOW, THEREFORE, BE IT RESOhVED BY THE CITY COUNCIL OF VE 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. F'_*e
(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. Refuse Collection
(1)_ The same regular refuse collection service now pro-
vided within the city will be extlndc;d to the
annexed area within one month aftor the effective
date of annexation.
V
' 4, '..y
te.rvido Plate
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 glitters, and other such major improvements,
as the need therefore is detsrmined 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, otc.) will begin In the annexation area
on the effec'~-ive date of annexation.
H. Planning and Zoning
(1) The Planning &nd Zoning jurisdiction of the city
will extond to the annexed area on the effective
date of annexation. City plea ping will thereafter
encompass the annexed area.
3. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed arePs in accordance with the
established policies of the city.
J. Recreation
(1) Residents of the annexed area may use P,ll existing
recreational facilities, parks, etc., on the effec-
tive dat-i 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.
1 is
Service Plan
Annexed Arias
Page three
L. Miscellaneous
(1) Street namt, signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II, Capital Improvement Program (CIF)
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,
ayY ~ ~ paI , F }
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ANNBXA'PIUN SCdBDULE
' November 260 1985 Submit. City Council agenda item
November 27, 1985 Submit City Council agenda bacK-up
Decemoar Jr 1985 City Council sets date$ time and place
for puW.c neariny
uecemoec 4, 1985 Notice to Denton Record Cnronicle
t,--~Decemoer 60 1985 Puolisn notice and mailout
L/December 9, 1985 Submit City Council agenda item
v December lU, i9d5 Submit City Council agenda back-up
* December 17, 1985 City Council nolds first public nearing
December 20, 1943 Notice to Denton Record Cnronicle
Decemuer 27, 1985 Puolisn notice and :ndilout
December 300 19d5 Submit City Council agenda item
Decalnoer 31, lyd5 Suomit City Council agenda DaCK-up
January 7, 19d6 Ci,r Council nolds second public neariny
January 13, 19d6 Suotiit City Council agenda ite,n
January 14, 1986 aiuox.it City Council agenda naCK-up
• January tl, 1946 City Council adopts ordinance and
service jL., inatituting anrexation
proceedings
January 24, 19d6 Ordinance to Denton Record Cnronicle
January 26$ 19d6 Puolisn ordinance
Feoruary 15, 19x6 Suomit City Council aytida item
February 26, 1986 Suu,a,t City Cc)uncxl agenda aacK-up
* Adrea 4, 193u Adoption of final annexation ordinance
and service plan of City Council
* Denotes action oy tna City Council
09649
J ~DATE: lz/i/as
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick SvehIa, Acting City Manager
SUBJECT: Hold a public hearing and adoption of an ordinance amending
Article 3.07(A) of Chapter I of Article III of Appendix A of
the Code of Ordinances of the City of Denton, Texas relating
to requirements to be met before beginning construction in new
developments; providing for a penalty in the maximum amount of
$200.00 for violations thereof; and providing for ai- effective
RECOMMENDATION: date.
The Planning and Zoning Commission recommends approval.
SUMMARY: The City Engineer has requested this change and it is outlined
in an attached memo, it is his feeling that the recommended
changes in t:ie development contract are beneficial to both the
City and de-,,elopers in terms of clarity. A significant change
that is Lecommended is the addition of•language that would in-
crease control over development in the ETJ.
BACKGROUND:
The original development contract was developed and approved
as part of the Subdivision and Land Development Regulations
adopc:.d in July, 1983.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED;
lh:velopers and staff involved in the development process.
FISCAL IMPACT:
Set attached memo please.
R e lfylb ed:
ATch''°3ve'FiTa
Acting City Manager
Prepared by:
aNvid" son
Senior Planner
AFF• v .
. 118
rectar of` tanning
and Community Development
.Rr
CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY ST. I DENTON, TEXAS 78201
MEMORANDUM
DATE: November 11, 1985
TO: David Ellison, Senior Planner
FROM: Jerry Clark, City Engineer
SUBJECT: New Development Contracts
The three way contracts have been revised due to many
complaints on the form. Bonds versus escrow for smaller jobs
has also been a major consideration for developers,
The new forms state exactly low the city is tied to the
contractor and developer through this contract. Language is
much clearer and easier to read. An escrow option has been
added for projects less than $50,000 'co aid smaller developers
in getting through this process. The bonds and contracts have
been written to avoid unnecessary paperwork. However, now all
developers will be required to complete these contracts to
allow the City of Denton to have legal rights of inspection and
approval.
Pleas. advise if further information is needed.
Je r~Lk
City ,z gineer
is
10356E
817IW82W DIFW METRO 434.262LI
777
PROJECT NO.
CONTRACT
THE STATE OF TEXAS §
COUNTY OF DEN DEVELOPMENT CONTRACT
't'UN 9
Whereas,
hereafter referred to as `owner," whose business address is
is the owner of real property located in the corporate limits of
the City of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the propetty and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as "City";
and
Whereas, as a condition to the beginning of construction of
said development, a development contract is required to insure
that all streets, water and sewer lines, drainage facilities and
other improvem,;nts which are to be dedic-sted to the public,
hereafter referred to as "Improvements," are constructed in
accordance with the City's specificati.)ns, standards dnd
ordinances; and
(select applicable provision as follows]
) Whereas, the Owner elects to cons,.ruct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to "Owner"
or "Contractor" shall mean the Owner as named abr,oe; or
( ] Whereas, the Owner elects to make such Improvements here-
after set forth by contracting with _
whose business address is
hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has an
interest in insuring that the Improvements subject to this
agreement, which will, upon completion anc acceptance by the City,
become public property, are properly constructed in accordance
with the City's specifications and that payment is made therefor;
W ITNV;S1;TH
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at
the Owner, Contractor and Cil:y, in considerattun of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the Improve-
ments in accordance with the procedures, specifications and
PAGE 2
' ~ .i s--^ar- rs.: -r7A -r 7' '.g' ? t i s "A T~
standard contained in Division II and III of the City's Standard
Specifications for Public Works Construction North Central Texas,
as amended, and al}. addenduns thereto, and all other regulations,
ordinances or specs cations applicable to such Improvements, such
Rpecifications, standards, regulations and ordinances being
e;;pressly incorporated herein by reference and being made a part
of the agreement as though written herein.
(b) Authority of City Engineer; Inspections, Tests and
n:ders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the City
Engineer or his representative. The City Engineer shall decide all
questions which arise as to the quality and acceptability of
materials furnished, work performed, and tae interpretation of
specifications.
The contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the
specifications applicable thereto. Any vor.c done or materials
used without suitable inspection by the City may be ordered
rcioved and replaced at Contractor's -xpense.
Upon failure of the Contractor to allow for inspection,
to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized or condemned work
or materials, or to follow any other request or order of the city
PACE 3
Engineer or his representati% , the City Engineer sh-mll notify the
Owner of such failure and may =spend tr pections of such •k
until scsch failur6 is remedied. If sucri taiiure is not teaedied
to the satisfaction of the City Engineer, the City shall have no
obligai~on under this agreement to approve or accept the
Improvements,
(c) Insurance. To provide f.r, in urance + , accordance with
the insurance requirements applicable to contractors as provided
for in Item 1.26 of Division I of the Standard Specifications for
Public Wor%s Constructicn, North Ceni.ral Texas, as amended, the
provisions of which are expressly incorporated herein by
reference, provided, however, i:,r purpose c,` this provision only,
"O,iner," as used therein, shall mean the City of Denton.
(d) Means and Methods of Construction. That the means acid
methods of construction shall be such as Contractor may choose;
subject, however, to the city's right to reject any Improvements
for which the means or wethod of construction does not, .n the
judgment of the City £n6ineer, assure that .he Improvements wore
construc4ad in accordance with City specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
tractor mutually agree as follows:
(a) Periormaice_ Bond; Escrow Agreement. That if building
permits are to be issued for the development prior to completion
PAGE 4
i
and acceptance of all Improvements that are to be dedicated to the
r~cblic:
i (i) a performance bond in an amount not less Chan the
amount necessary to caapl.ete the Improvements, as
determined by the City Engineer, shall be
submitted guaranteeing the full and faithful
completion of the Improvements meeting the
specifications of the City, shall be in favor of.
the City, acid shat.l be executed by an approv :d
surety company authorizec' to do business in the
State of Texas; or
(ii) if the cost of completing the Improvements, at ti:e
time building permits are requested, is in an
amount of $50,000 or less, as determined by the
City Engineer, cash money in the e-ount necessary
to L)mhlete the Improvements, as determined by the
City Engineer, may be deposit.d with a ban.,, as
escrow agent, pursuant to an escrow agreement
insuring completion of the Improvements. Without
exception, the City's escrow agreement form shall
be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an amount not
less thin one hundeed percent (100;) of the
approximate total cost of tho contract cost of the
Improvements guaranteeing tae full and proper
protection of all claLm-ints supplying labor and
material for the construction of the Improvements,
shall be in favor of the City, and shall be
executed by an approved surety company authorized
to do business in the State of Texas; )r
(ii) if the total contract amount of all Improvewent,s
is less than $50,000 and a payment bond has not
been submitted in accordance with (i) ibove, Owner
and Contractor agree and guarantee that any and
all debts due to any person, firm or corporation
having furnished labor, material or both in the
construction of the Improvements shall be fully
paid and satisfied before acceptance of the
PACE 5
777,1
Improvements by the City and that, prior to acceptance
of the improvements, thn uwner and Contractor shall
furnish a written affadavit, in a term proviueu by tl;e
City Engineer, stating that all bius, charges, accounts
or claims for labor pertormea and material furnishea in
connection with the construction of the improvements
nave been paia in full and that there are no unreleased
recorded liens tilea against the Improvements, or ldno
to which they are affixed, that are to be dedicated to
the public.
Tnat, upon the regvest of the City Engineer, owne., or
Contractor shall furnish a complete list of ail
eubcontractore who pertormea labor on, or supplied
material for, the constru.tion of the Improvements, i
and, when requested, a written statement from any or
each of such subcontractors or suppliers that they nave
been paid in full.
(c) Retainagel Final Payments, (This provision ;c) applies
only where the Owner and Contractor are not cne same party.) That
as security fur the faithful completion of the Improvements,
contractor and uwner agree that the owner snali r.%tain ten percent
of the tutal dollar amount of the contract price until after final
approval or acceptance of the Improvements bl the City. The uwner
snali thereafter (Say the Contractor the r,:tainage, only after
Contractor has furnished to the owner satiatdctory evidence that
all indebtedness connected with the work and all sums of money due
for labor, materials, apparatus, fixtures cr machinery rurnisned
ter and used in the performance of tha work have been paid or
otherwise satisfied.
(d) Encumbrances, That upon completion and approval or
acceptance of the Improvements of the City, the Improvements shall
PAGE 6
rip 57 ~i i'~
3, , a,5Y i . o
.
become the property of the City free and c19ar of all liens,
claims, charges or encumbrances of any kind, It, after acceptance
of the Improvements, any claim, lien, charge or encumbrance is
made, or found to exist, against the Improvements, or land
ueoicated to tr+e City, to which they are affixed, the owner and
Contractor shall upon notice by the City promptly cause such
claim, lien, charge or encumbrance to be satisfied ana releases or
prcmptiy post a bond witn the City in the amount of such claim,
lien, charge or encumbrance, in favor of the City, to insure
payment of such claim, Lien, charge or encumbrance.
(e) Maintenance Bond, That prior to approval or acceptance
of the Improvements by the city, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of tsin
percent (10%) of the contract amount of the Improvements, insuring
the repair and replacement of all detects due to faulty material
and workmanship that appear within one year from the date of
acceptance, The bond shell us in favor of the City and shall oe
1 executed uy an approved surety company autnorited to ao business
in the State of Texas,
(t) Indeinnification, To Indemnify, defend and save
harmless the City, its officers, agents and employees from all
suits, actions or clalms of any character, name and description
brought for or on account of any injuries or damages received aS
sustained by any person, uecions or property on account of the
PACE ?
77
r
.
operations of the Contractor, his agents, employees or sub-
contractors; or on account of any negligent act or fault of. the
Contractor, his agents, employees or subcontractors in construction
of the Improvementsi and snail pay any judgment, with costs, wnici~
may be obtained against the City growing out of such injury or
damage,
(y) Agreement Controlling, That the prov;.sions of tnis
agreement shall control over any conklicting provisions of ary
contract between the owner and Contractor as to the construction
of the Improvements.
3, Occupancy, owner further ayc'ees tha: Owner will not allow
any purchasers, lessee or other person to occupy any building
within the developwent until all Improvements are completed and
accepted by the City, and that upon violation thereof will pay the
City $3,000.UU as liquidated damages, but such payment shall not
oe deemed approval or such occupancy and ti;e City may taKe what-
ever action necessary to restrain such occupancy,
4, Covenants of City, That, upon proper completion of the
Improvements in accoraance with thls agre~:nent, the City agrees to
accept the Improvements.
5, Venue and Governing Law, The parties herein agree that
i
this contract shall oe enkorceaole in Denton County, Texas, and if
legal a.;tion is necessary in connection therewith, exclusive venue
PAGE 8
.
'V ~ tf~ drf- ~r[""i. l~~,i. d~ A fir"' Fes",. ~ F~•~y;gs
e
shall tie in Denton County, Texas. Tae terms and provisions of
this contact shall oe construed i.n accordance with the laws aria
court decisions or the State of Texas.
b, Succesror and Assiyns, This contract shall be binding upon
and inure to the oenefit of the parties hereto, their respective
successors and assignz,
Executed in tri~licats this, day of
OWNER CONTRACIfOR
BY: BY:
CITY OF VENTON, TEXAS
BY:
CITY MAUAGER
ATTEST:
CHARLOTTE ALLEN, CITY SECRLTARY
CITY OF DENTON, TEXAS
i.PPROVED AS TO LEGAL FORM.,
DURA ADAMI DRAYOVITCH, CITY ATTORNEY
CITi OF DENTON, TEXAS
M
PAGE 9
IJ ~ 9 7 ~l h' ~I ~I.
P b Z M.nutes
November 20, 108S
Page 11
Chair declared public hearing closed.
DECISIONt Ms, Cole moved to recommend approval of Z-1776,
Seconded by Mr, Appleton, and unanimously carried 0 0).
E. PRELIMINARY AND FINAL REPLATS OF THE OMSLEY PARR ADDITION,
LOCI 1. 1 AnG 3. Block
STAFF REPORT: Hs. Spivey stated this is O.S acres located
a the so east corner of Louise and Bonnie brat; prop-
erty is toned general retail (GR), and multi-family devel-
opment is anticipated. She said that the replat meets all
subdivision regulation requirements. She said that the
purpose of the replat is to eliminate interior lot lines
and create one large lot. She added that the Development
Review Committee recotuends approval of the preliminary
and final replats.
PETITIONER: Pablo Rubio, reptesenting Windsor Park
D -e-YET-op-Mt, stated that he was available for questions,
IN FAVOR: None present.
OPPOSED: None present.
Chair declared public hearing closed.
DECISION: Mr. Escue moved to recommend approval of the
pprei lminary and final replats of the Owsley Park Addition,
Lots 1, 2, and 3 Block A. Seconded by Hs. Brock And
unanimously carried (7-0).
F. ORDINANCE AMENDING ART101 3.07(A) OP CHAPTER I OF ARTICLE
III Of APPENDIX A OF THE Ca6K-UP-O '6TNANof e tity o
Denton axes re a ng o requirements -to --be met before
(UNAPPROVED) beginning construction in new developments; providing for
a penalty in the maximun amount of $200.00 for violations
thereof; and providing for an effective date.
STAFF REPORT: Mr. Clark said that the three way contracts
have been revlsnd due to many complaints about the for-We
He said that the now forms state exactly how the city is
tiet; to the contractor and developer through this contract.
He added that the language is much clearer and easier to
read. He said tha; an option has been added for projects
less that $S0,000 to aid smaller 4 relopers in gectting
through the pr3cess. He said that the bonds and ontracts
have been written to avoid unnecessary paperwork.
IN FAVOR: None present.
OPPOSED: None present.
Chair declared public hearing closed.
DECISION: Ms. Brock moved to recommend approval of an
ordinance amending Article 3.01(A) of Chapter I of Article
III of Appendix A of the Code of Ordinances of the City of
Denton Texas relating to requirements to be ■et before
beginning construction In new developmentst providing for
a penalty in the maximum amount of $200.00 for violations
thereof; and providing for an effective date. Seconde-.I by
Mr. Escue and unanimously carried (7.O).
L
G. ORDINANCE AMFNDiNG C_l!.APTSR 2_. OF THE CORE OF OR01,
Of F>1 T y ofeennt" Texans "y 1401n:1 • new r 1001141
to provldb for procedures tot the sale of citrdowned
real propertyl providing for a severabilily 'clausal and
providing for'an effective date.
~ r~ ,t ref' y ~ i Z `A NO.
AN ORDINANCE AMENDING ARTICLE 3.07(A) OF CHAPTER I OF ARTICLE lit
OF APPENDIX A OF THE CODE OF ORDINANCES OF THC CITY OF UENTON,
TEXAS RELATING TO REQUIR'dkENTS TO BE MLT BEFORE aEuINI,INU
CONSTRUCTION IN NEW DEVELOPMENTSi PROVIDING FOR A PENALTY SN 'NS
MAX18UM AHOUNT OF $200,00 FOR VIOLATIONS TWEREOFL A%U Pdu'lldrsu
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
KMIJN I,
That Actiel4h 3.07(A) of Cn.iptet I of Article III of Appendix A
of the Code of ucainances is ariendee to read as followsi
(A) he uiremants to be Met Before Construction arlini, ;ta
development, construct on, imp[ovemer,e or mo t&cattons of
buildings or land to which this Code applies snail oegin until and
unLael the requirements of this article and any other appli_doLv
ordinances are met.
(1) F111n of an a coved Iot of rtcord, An appruvuu lot
u record must be t e in accordance with tr.t
provisions of this Code.
(2) Preconstcuction Conference. A preconscruction
con erence uetween the owner, prime contractor and
city engineer, or his designee, is requtted to review
the proposed improvements to be made anu the
requirements of this Code.
l3) Develo mene Contract Required. For all developments
n whlC streets, drainage scilltiss, water ur sewer
linesi or othee improvements art to us constructed and
dedicated or conveyed to the public, a development
contract ►s required to Insure proper construction and
completion of the improvements and payment is r,a7a
therefor. These executed copiae of the ueveiup^,ent
contract, along with any required oonds, eacrow
agreements or other doc%a:cente, shall De sibraitted to
tre City Engineer on focr,s sppr,ved uy or yroviieu
the City.
(4) Contents of Develo meat Contract. The development
contract snd 00 in a tOrm and contain ptn'oisoans
deemed necessary uy the City Engineer, as sFr:u'::u i;f
the City Attotney, to insure ptdper ^onatiuction iroj
completion of the ,mprovements, payment is iiaue
therefore, and compiLance with the provisions of tnls
Coco, The contract shall contain, out not ue limited
to, the following provisions;
(a) Oe.:cri;tion and Cost. A description of tha
Improvements, tnelr location, and tee Contract
price thereof, or it tnere, is no contract drsoint
ytlt determined, the eW 4.1ted cost tnere9f
cectltied by a cegietered engihese.
lo) Specifications. That the improvements will Oe
constructed in accordance with the provisions of
i 77-77
~
1
this Code Ana the standards and specifications
applicaole to the City's public works projects,
(c) inspection ands. Thar the contractor Ana
subcontractors will CCopecAte with Ana aoide by
the orders of the City Engineer and City's
inspectors in constructing the improvement.
(d) insurance. That the owner or contractor Will
cos- y with the insuranco requirement apNltcitoLd
to the city's public works projects.
(e) Petformance dondss Escrow Agreement. That if
building permits act to be issued for the
deve'opmtnt prior to completion and acceptance of
all imptovements that ace to be dedicatee to the
publict
(i) a performance bond will ne svomitted in an
amount, as determined by the City Engineer,
to insure completion of all laFrove%ents
thersinl or
(ti) if the cost of complsttng the improvements at
the time the buildiny permits era reyuestec
is t$0#000 of leas, as determined by the City
Enyinear, cash money in the amount of the
cost of completing the imptovementas as
determined by the City Engineer, may be
deposited with a bank as escrow agent
pursuant to an escrow agreements the form ano
provisions thereof to be approved by the City
Engineer and City Attorney, to insure
completion of the improvement.
(f) Maintenance Bona. That prior to acceptance by the
City o any improvements, a maintenance pond Will
be turnishad in an amount of ten percent (101) of
the co,ttract amount of all improvements, insuring
the repair and replacement of all detects aue to
faulty materials and wocnmanship that appear
wltnin a period of one fear from the date of
acceptance of the improvements by the city.
(g) Payment tsonap Assurance of Payment. That prior to
acceptance oy ins City o any improvements:
(i) a payment pond will be furnished in 4n amount
of not less than. one hundred Percent (10011
of the approximate total cost of the contcsct
guaranteeing the full and proper protection
of all claimants supplyirty labor and material
for the construction of the improvements, ur
(►i) it the total Contract amount of all improve-
ments is fifty Thousand Dollars ($SO,000) or
1,e5ss as determined by the City Engineers thv
owner and Contractor may, in lieu of furnish-
ing a payment bond, agree to pay and satisfy
all clalms, liens, charges and encumorancea
arising from construction of the improvements
and furnish a written affidavit, in a form
provided oy the City Engineer, stating that
all oide, chatges, accounts and ala►ms tot
labor performed and material furnished in
PAGE 2
J
` connection with the improvements have been paid in
cull and that there are no unreleased recorded
liens filed against the improvements, it land to
which they cce affixed, that are to be dedicated
to the public. The City Enytneer may require the
owner or contractor to furnish a list of all
subcontractors who performed labor on, or persons
supplying material for, the improvements and
require a written release from any wuah person
prior to acceptance of the improvements.
I
(n) Occupancy, That the Owner shall, not allow any
purcpases, losses or other person to occupy any
building within the developoent until alt
improvements are accepted by the City, that upon
violation of such reattlction the owner will pay
Three Thousand Dollars 143,000.00) to the Ctty as
liquidated damages but such paymcat shall not be
deemed approval of aua occupancy and the City may
tare whatever action is lawfully necessary to
reattain such occupancy.
SECTION It.
That any person vic.atiiig any of the provisions of this
ordinance shall, upon conviction, be fined a sum not excWA ng Two
Hunared Dollars (i200.00)t and each say ,no every day Chat the
provisions of this ordinance are violated shall constitute a
separate and distinct offense. This penalty is in Adoition to arcs
cumulative ofF any other remedies ce may Us avatlaole at law and
equity.
SECTION III.
Tnat this ordinance Snail become effective fourteen (14) days
from the date of its passage, and the City Secretary is heresy
directed to cause the caption of this orainance to be published
twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten 110) jays of the date of its
r.aseaye. I
PASSED AND APPROVED this the day of , 1985.
RICHAHU O. brEA'AAT, MAYOR
CITY OF DENTUN, TEXAS
ATTEs,rs
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF uENTON, TEXAS
APPROVED AS TO LZOAL FORMS
DEBRA ADAMI DRAYOVITCHj CITY ATTORNEY
CITY OF DENTON, TEXAS
BY%
PAGE 3
,.7 4 r
DATE: 12-17-85
CITY COUNCIL, M T FORMAT
TOt Mayor and K mbers of the City Council
FROM: Rick Svehla, Acting City Kanager
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES OF THI CITY OF DENTON, TEXAS BY "DINO A NEW ARTICLE V TO
PROVIDE FOR PROCEDURES FOR THE CALK OF CITY OWNED REAL PROPERTY,
PROVIDING FOR SBVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
RRCOMMBNDATION:
The Planning and Zoning Commission voted 7-0 to recommend approval.
t
The proposed ordinance seeks to establish proper procedures for the
sale of city owned real property. These procedures will replace and
streamline the administrative arrangeaents currently being used for
the sale or abandonment of City owned real property.
BACKGROUND:
PROORAMS. DEPARTMENTS OR GROUPS AFF&CTBD:
Planning and Development, Public Works, and Utility Departments
FISCAL IMPACT:
The ordinance provides for a non-refundable application tee of one
hundred dollars and the payment of appraisal cost by the applicant
if the City must obtain an independent appra 1.
R sot ly s mit
Rick Svehta
Prepared by: Acting Cit/ Manager
Harry P Baud
Urban Planner
Ap Gov `
Jett Meyer
Director of Planning
and Development
00350
471 '41~ 111D ~ 7-71-711 -7
.I 7~~~ rl 1
P 6 Z Minutes
November 20, 1985
Page 11
Chair declared public hearing closed.
DECISIONr Ms. Cole moved to recommend approval of 2.1718,
seconded by Mr. Appleton, and unanimously carried (7.0),
E. PRELIMINARY AND FINAL REPLATS OF THE OWSLEY PARK ADDITION,
Lots , c
STAFF REPORT: Ms. Spivey stated this is O,S acres lo,,ated
a the so east corner of Louise and Bonnie Brae; prop-
erty is toned general retail (GR), and multi-far.ily devel-
opment is anticipated. She sold that the replat meets all
subdivision regulation requirements. She said that the
purpose of the replat is to eliminate interior lot lines
and create one large lot. She added that the Development
Review Committee recommends approval of the preliminary
and final replats.
PETITIONER: Pablo Rubio, representing Windsor Park
e e opine t, stated that he was available for questions.
IN FAVOR: None present.
OPPOSED: None present.
Chair declared public hearing 4ed.
DECISION: Mr. Escue moved to re.j mmend approval of the
pTTI TI- ary and final replats of the Owsley Park Addition,
Lots 1, 2, and 3 Block A. Seconded by Ms. Brock and
unanimously carried (7-0),
F. ORDINANCE AMENDING ARTICLE ~07 A) OF CHAPTER 1 OFF AR TC iICLE
III Of APPENDIX A OF THE Denton exas re a ng o requirements- to be met before
beginning construction in new developments; providing For
a penalty in the maximum !%rount of $200.00 for violations
thereofl and providing for an effective date.
STAFF REPORT: Mr. Clark sakd that the three way contracts
avF ve `been revised due to many complaints about the form.
He said that the new forms state exactly how the city is
tied to the contractor and developer t►.rough this contract.
He added that the language is mush clearer and easier to
read. He said that an option has beaq added for projects
less than $50,000 to aid smo!ler d::elopers in getting
through the process. He said that the bonds and contracts
have been written to avoid unne,.„sary paperwork.
IN FAVOR: None present.
OPPOSED: None present.
Chair declared public hearing closed.
DECISION: Ms, Brock moved to recommend apDroyal of an
ofainance amending Article 3.01(A) of Chapter I of Article
111 of Appendix A of the Code of ordinances of cbs City of
Denton Texan relating to requirements to be met before
beginning construction in new developments; providing for
a penalty in the maximum amount of $200.00 for violations
thereof; and providing for an effective date. Seconded by
Mr. Escue and unanimously carried (7.0).
0. ORDI_NANCB AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES
of t of en on, Taxes y adding a new rti~T
(UNAPPROM ) to provide for procedures for the sale of cityy owned
real property) providin► for a severability clausal and
providing for an effectiv,+ date,
7F T7 --j-r-T
VW"
4 ~r
V a t minutes;
19g5
Novemaer :09
Page 12
STAFF REPORT: Hr. Ellison stated that this !a a procedure
T564f-]si3'F8an needed for a long time and that staff recom-
mends that the Planping and Zoning Commission recommend
approval.
IN FAVOR: None present.
OPPOSED: None present.
Chair declared public hearing closed.
DECISION: Hr. Pearson stated that he thought it would be
a c7l3tlict of interest if the city staff appraised city
property.
Mr. Escue moved to recommend approyal of an ordinance
amending Chapter 2 of the Code of Ordinances of the City
of Denton, Texas by adding a new Article V to provide for
procedures for the sale of city owned real property; pro-
vidinQ for a severabiiity clauso; and providing for an
effective date. Seconded by Mr. Claiborne and unanimously
L carried (7.0),
H. ORDINANCE AMENDING ARTICLE 29 OF APPENDIX B•ZON1N0 OF THE
L'ME e City Of Denton, e 6'y'-r T3t1f'g
themaximum ne to $1,300.00 for violations of the Zoning
ordinance; providing a severability clause and declaring
in effective date.
STAFF REPORT: Mr. Ellison stated that the legal advisers
s a-f"-fed Ch-a"rthe toning ordinance needed a stiffer penalty
and that from a lanntng perspective staff agrees with
them. He added that staff recommends approval and Is
seeking approval with the Commission,
IN FAVOR: None present.
OPPOSED: None present.
Chair doclarad public hearing closed.
DECISION: Mr. Appleton moved to recommend approval of an
ordinance amending Article 19 of Appendix B-Zoning of the
Code of Ordinances of the City of Denton, Texas b raising
the maximum fine to $1,000.00 for violations of tKe toning
Ordinance; providing a severability clause and declaring
an effective date. Seconded by Mr. Escue and unanimously
carried (7.0).
IV. CONSIDERATIONS
A. RITH'MINARY AND FINAL PLATS OF THE FRAME STREET ADDITION,
Lott , oc
STAFF REPORT: Ms. Spivey stated this tract is 0.2 acres
roe o he east side of Prime Street 60 feet south of
Pirtle Street; property Is toned multi-family (MF-1), and
multi-family development is anticipated. She said that
the Developpment Review Committee recommends approval of
the proliminarr and final plats and that they are fn
compliance with the Subdivision Regulations. She said
that thM reason it is a consideration Item is because the
width of he lot is only 52 feet and the City of Denttog
Zoning 0 inance requires that lots be 60 feet in wilt
Developers are requesting a variance to allow the platting
of this S2 foot lot because they are uanbU Co acquire any
more property became of development to the north and
southa She added that the are requesting a 16t width
variance of / fn~,t along with approval of the'Orallminary
and final plats.
C:
IT' .r "I TKA
11 1 l' f p( a~:v h .r l 7
771-
1.
114h
Fe I.
NO.
AN CADINANCE AMENDING CHAPTER 2 OF TAX CODE Of ORDINANCES OF TU
CITY OF DENTON TEXAS SY ADDING A NEW ARTICLE V TO PROVIDE FOH
PROCEDURES FCR SHE SALE OF CITY-OWNED REAL PROPERTY; PROVIDING FOR
A SEVERABILLTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTUN, TEXAS, HEREBY ORDAINSt
SECTION I.
T'iat Chapter 2 of the Code of Ordinances of the City of
Denton, Texas is hereby amended by adding a new Article V to read
as followsi
ARTICLE V. SALE OF CITY-OWNED R►.AL PROPERTY
Section 2.70. Procedures for Disposal of Unneeded Real Property
(a) Decision to Ss1. The City Council, afoter receiving the
recomme m on of the Planning and ZninC ComaiKsion,
shall determine whether any real property owned by the
City shall be offered for sale or trade; provided,
however, that the male, lease or disposed of utility
system property shall be subject to the provisions of the
City Charter.
(b) Notice and Bids. if the property can be developed
n open en y o any other property :s toned under current
ordinances, public notice shall be given and public bids
received in accordance with Article 5421c-12, Texas
Revised Civil Statutes, as amended.
(c) Ne otiated Sales. If the property cannot be developed
n epan en y, as toned, under present City ordinances or
is otherwise exempt from the notice and bidding
requirements of state law, the City Manager may Initiate
negotiations for the male of the property in accordance
with Section 2, Articlr 5421c-12, Texas Revised Civil
Statutes, ■s amended.
(d) Type of Conveyance. The City Attorney shall determine the
type o conveyance or oth r instrument to be executed by
tia City prior to the initiation of formal bid pprocedures,
and the information shall be included in the notica.
(a) Recomaendation_and Action. After receipt and tabulation
o s or attar reaching agreement for a negotiated male,
the City Manager shall make a recommendation to the City
Council. The City Council may reject the sale or award
the oale by rasolutior, or ordinance. [upon approval, the
City Attorney shall Irepare and the City Manager shall
execute the appropria a instrument of conveyance,
Section 2.71. Re uests for Abandonment of Public Easements or
t e•o •_ey
(a) Application blLo ett Ira A property owner Voss
proper y a U% or a o na~a pub'lic aeeement or rtght•of -way
PACE 1
.
may apply for sbandonmont in whole, or In part, of the
sbuttinS right-of-i+ay. An application must be accompanied
by:
(L) a nonrefundable application its of One Hundred Dollars
($100.00),
(2) the written concurrence of all persors who own
property contiguous to the area proposud to be
abandoned; and
(3) copies cf recorded deeds akiowing currant ownership of
all property contiguous to the area proposed to be
abandoned.
(c) A raisel of Value. 'Cho City staff shall make an appraisal
or o a n an n ependent appraisal of the property to
determine the marheet value of trio atoa proposed to be
abandoned. If the City chooses to obtain an index ndent
appraissl, the applicant shall deposit with trio City an
amount of money sufficient to pay the cost of the
Appraisal. 'Chu date for establisniny tits market value
ahall be the dates as determined by the City Mane art or
his dasignee, that the applicant meats all the
requirements for applications for auandonments.
(d) Cases of Disputed Value. If the appraisal performed or
o to na oy rvaa Z"iFy Ti deputed by the applicant, the
applicant snail obtstn a second independent appraisal at
applimit's expense. If the City Manager determines that
there is a substantial -lifference betwae,m the two
appraisals, an independent dppesisbr shall be retained to
perform a review appraisal, the cost of whieki shall be
paid by thb applicant. The City Manager shall then make a
final derarminatlon of market value based upon the
apprais,lo and tlta review appraisal.
(e) riannin and Zoning Coamiselon's xocomrendation. Niien a
proper alp cat on net ten ma e, sit ne mar " E ~~alue of
the area to be abandoned datermined, the request for
abandonment shall be submitted to tde plannin and 1"oning
Committsion for its recommondarion to the City Council.
;f) City Council Action. Based upon the recommendation of the
ty ranager and Cite Planning and Zoning Coumission, the
City Council shall consider the request for abandontesit.
Before the City Council officially sets to abandon all or
part of a puolic right-of-way, tie applicant shall pay the
determined fair market value of the property to be
abandoned to the City.
SbCrIOi1 IL.
That if any soctioo, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstance is hell invalid by any court of competent
JurisdiclLon$ such holding shall not affect the validity of the
remaining portions of t'r14 ordinance, and the City Council of the
City of Denton, 'texas, hereby declares it would have enacted such
remaining portions despite ady such invalidity.
i
PAOd 2
t n A;a +i. n" ' ,n:^ y:' Y h r .1 ,j zio Y 'a
SECTION III.
That thin ordinance shall become effective immediately upon
ite paeeage and approval.
PASJW'MD APPPJVED this the day of , 1985.
CITY OF UNTON, TEXAS
ATUST:
CHARLOTTE ALLEN. CITY SZCKt;T
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY,
I
PAGE 3
DATE: 12/17/65
CITY COUNCIL REPORT FORMAT
of
TO: Mayor and Members of c„c City Council
FROM: Rick Svehla, Acting City Manager
SVIJECT: Hold a public hearing and adoption of an ordinance amending
Article 29 of Appendix B-Zoning of the Code of Ordinances of
the City of Dent-a, Texas by raising the maximum fine to
$1,000.00 for vi(lations of the Zoning Ordinance; providing
a severability a'.use and declaring an effective date.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval,
SUMMARY: This ordinance if adopted, will increase the maximum fine
for zoning ordinance violations. The change was recommended
by the Legal Department and is supported by the Planning and
Development Department because of its potential as a greater
deterrent.
BACKGROUND:
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Violators of the Zoning Ordinance.
FISCAL IMPACT:
An increase in the maximum fine could have potential fiscal
impact.
Re pect :llv / p bm tted:
c "v a '
Acting City Manager
Prepare by:
~nL f David Ellison
Senior Planner
App ve
e e
Director of lanning
and Community Development
i
f'(~p ATP} ! L• t
Pit 2 Minutes
November 20, 1965
Past 12
STAFF REPORT: Mr. Ellison stated that this Is a procedure
iatrids been needed for a long time and that staff recom-
mends that the Planning and Zoning Commission recommend
approval.
IN FA`lOR: ?tone present.
OPPOSED: None present.
Chair declared public hearing closed,
DECISION: Mr, Pearson stated that he thought it would be
d< -oFAet of interest If the ci., staff appraised city
property.
Mr. Escue moved to recommend approval of an ordinance
amendi!ig Chapter 2 of the Code of Ordinances of the City
of Denton, Texas by adding a new Article V to provide for
procedures for the sale of city-owned real property; pro-
viding for a severability clause; and providing for an
effective date. Seconded by Mr. Claiborne and b'nanimously
carried (7.0).
H. ORDINANCE AMENDING ARTICLE 29 OP APPENDIX B-ZONING OF THE
Z o e e on, era falling
Me maximum fine~io $1,000.00 for violations of the Zoning
(UNAPPROVED) Ordinance; providing a severab:lity clause and declaring
effective date.
STAFF REPORT: Mr. Ellison stated that the le al advisers
stated -f~the zoning ordinance needed a sti~for penalty
and that from a planning erspective staff agrees with
them. He added that staff recommends approval and is
seeking ipprival wito the commission.
IN FAVOR: None present.
OPPOSED: None present.
Chair declared public hearing closed.
DECISION: Mr. Appleton moved to recommend approval of in
o7dlasnce amending Article 29 of Appendix B-Zoning of the
Code of Ordinances of the City of Denton, Teaas br raising
the ■axiru:t fine to $1,000.00 for violations of the toning
ordinance-, providing a severibility clause end declaring
an effective date. Seconded by Mr. Escue and unanimously
carried (7.0).
IV. CONSIDERATIONS
A. PRELIMINARY AND FINAL PLATS OF THE FRAME STREET ADDITION,
LofT, oc ,
STAFF REPORT: Ms. Spivey stated this tract is 0.2 acres
located on the east side of Prime Street 60 feet south of
Pirtle Street; property is toned multi-family (MP-1), and
multi-family development is anticipated. She said that
the Developpment Review Committee recommends approval of
the preliminary and final plats and that they are in
compliance with the Subdivision Regulations. She said
that the reason it is a consideration item is because the
width of the lot is only SZ feet and the City off Dentton
Zoning Ordinance requires that lots be 60 feet In wldth,
Developers are requesting a variance to allow the platting
of this 92 foot lot because they are uanble to acquire any
more property because of development to the north and
south. She added that they are requettinl a lot width
variance of g feat along with approval ~i the preliminary
and final plats,
R ~ n ~u'~, 6 ° 'fit n'. , [e a 'u J
.9~~i .q Y{w~ ~
N0. -
AN ORDINANCE AMENDING ARTICLE 19 05 APPENDIX B-ZONING OF THE
CODE OF ORDINANCES OF THE CITY OF CL'NTONo TEXAS BY RAISING THE
MAXIMUM FINE TO t%000 FOR VIOLATIONS OF THE ZONING ORDINANCE;
PROVIDING A SEVBRABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE,
' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
G
j SECTION 1.
That Arti21e 79 of Appendix B-Zoning of the Code of Ordi.
nances of the City of Denton# Texas is hereby amended to read as
follower
"ACtiOIe 44, Penalty for vlolations.
Any person violating any of the provisions of this
ordinance shall, upon a conviction$ be f'ned any sum
not exceeding One Thousand Dollars (41,000.00) and j
each day and every day that the provisions of this
ordinance are violated shall constitute a separate and
distinct offense. In addition to the said penalty
provided fur, the right iS nereby conferred and
extended upon the City and ups: any property owner
owning property in any district, wnere such property
owner may be affected or invaded by a violation of the
terms of this ordinance, to bring suit in Such court or
courts having jurisdiction thereof and obtain such
remedies as may be available at law and equity to the
protection of the rigntS of Such property ownsrs,•
i
SECTION 1I,
That the provisions of tnls ordinance apply only to offenses
committed on or after the effective data of this ordinance.
Offenses committed tefore the effective date of this ordinance
are subject to the farmer penalty of a fine not to exceed Two
t
Hundred Dollars (1100.00).
SECTION 111,
That Appendix B-Zoning of the Code of Ordina;tces, as amendedo
shall remain in full force
and effect, scut and except as emended
by this ordinance,
SECTION IV,
That this ordinance shall become effective fourteen (14)
days from the date of its passages and the City Secretary is
hereby dictated to cause the caption of this ordinance to be
~r s 'i ,$I r ,EA
1
r
f
published twice in the Denton Recoed*Chronicle; tne official
t
newspaper of the City of Denton, Texas, witnin ten (10) days of
the date of its passage.
PASSED AND APPROVED this the day of , 1985.
RMHARD Om T t MAYOK
CITY OF DENT(1Nr TEXAS
ATTESTS
CHARLOTTE ALLEN, IT SE RETARY
CITY OF DENTONO TEXAS
f
APPROVED AS TO LEGAL FOMs
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
CITY OF DENTONe TEARS
BYt
i
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF HATERIALS, EQUIPMENT, SUPPLIES OR SERVIC$S;
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-
seat, 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 herein described bids are the
lowest
resonsitle he ! id Proposals' submitted' th4ulLss
erefor;
and
WHEREAS, the City Ciuneil 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; add
WHEREAS, Section 2.36 (f) of the Code of Ordinancea requires
that the City Council approve all expenditures of more than
$10,000; and
WHEREAS, Section 2.04 of the City Charter requires that
every act of the Council' providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinares;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY /.RDAINS:
SECTION 10
That the numbered items in the following numbered bids for
materials, equipment supplies, or services, shown in the "Bid
Proposals attlched 6reto, are hareby accepted and approved as
beiag the lowest responsible bids for such itemss
BID ITEM
NUMBER N0. VENDOR AMOUNT
X912 1 s 2 Frjagdlr Chavrolat
_ 9519 3 ! L _ [lilt Uttar Ford
9812 6 s 6a eeyar GMC
990 _ f -,,,Java Crauaa DedAr
--9513 ALL..r_ ..~taL
9S4i _1 e111 Uttar erd
91,45 -2 ~ rmco Mfg,
SECTION Its.
That br the acceptance and approval of the above numbered
items of the submitted bid#$ the City a.eaepts the offer of the
persons submitting the bids for such items and agrees to
purchase the materials, aquipment, supplies or services its
accordance with the terms, specifications, standards quantities
and for the • ecified sues contained in the Sid Invitations, Bid
Proposals, and related documents.
SECTION Ilia
That should the City acid 9ersoas submitting approved add
accepted itevia and of the submitted bids wish to enter into a
,44
BID ITEM
NUMBE NO VENDOR AMOUNT
9546 1 Lone Star Pete Gilt S 63,521,00
9546 2 „-6 H Mfg. S 14,575.00
9548 1 Barnett. Assoc S 16,710.00
9548 2 Texas Electric ,A18,580.00
9548 3 & 4 Poleline Electric S 44,476.00
9552 All Tek aim of Texas _S 35.548.20
9553 1 b 2 A-Tec North S116,294,,QQ
9553 _.3 Commercial Body _S 15,380.00
55 All Naylor Supply _S_ 63,099,50
9556 All North Counties Communications _5 75,000.00
9559 All Elgin 8, Robertson -S -17a876,00
9564 All Colfax Creosoting Co. _S 24,145.65
9565 All Temple, Inc. 26,660,00
s iRa xl ei v " ~1 1~"5! a S ry. 5•~? tt'S73 zr -ii v.o -y--4~ ~ P: rI
formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Naasgsr or his
designated representative is hereby authorised to execute the
written contract which shall be attached hereto; provided that
the written contract is in accordance with, the terms,
conditions, specifications, standards, quantities and specified
sums contained in the Bid Proposal and rolated bid documents
herein approved and accepted.
SECTION IV.
That by tho acceptance and approval of the above numbered
items of the submitted bids the City Council hereby authorises
the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V.
That 'this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this ~11 _ day of `Oecember , 1485.
CITY OF DENTON, TE~SAS
ATTESTt
cM=TT2 ALLEN Clu SECRETARY
CITY OF DENTON,,TEXAS
APPROVED AS TO LEGAL FOMI
DEBRA ADAM DRAYOVITCHO CITY ATTORNEY
CITY OF DENTON, TEXAS
BYt
i
nun
DATE: December 17, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID #9542 PICKUPS AND VANS
RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated bid
for each item:
SEr ATTACHED LIST
SU114ARY: This bid is for the motor pool replacements for 19 pickups and
vans. They are for use by the Building Inspections, Water
Production, Electric Distributio, Fire Department, Metering and
Sub Station, Utility Administration, Water and Sewer, Park and
Solid Waste Departments.
BACKGROUND: Tabulation S'ieet
PROGRAMS, DEPARTNTS OR GROUPS AFFECTED:
The above lsited using Departments and Motor Pool operations.
FISCAL IMPACT„: This bid will be funded from Motor Pool Replacement funds,
1985/86 budget funds and lease/purchase agreement.
Res ectfu 1y su itt dd~f•
Rick Svehla
Acting City Manager
Prep ed by.,
Rome: Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
N4W hn V.- -No rsha IIs C.P.M.
le: urchasing Agent
RECOMMENDATION FOR BID /9542
ITEM QUANTITY VENDOR PRICE EA. EXTENDED TOTAL
1 1 Friendly Chevrolet 10,948,69 109948.69
2 4 Friendly Chevrolet 8,101.25 349805.00
3 5 Bill Utter Ford 9,506,00 419530.00
4 2 Bill Utter Ford 109729.00 21,458.00 4
j 5 Not purchased and Item 4 increased by 1 unit;
6 4 Dower GMC 60" CA 10,263.47 419053.88
6a 2 Dower GMC 84" CA 10,338,69 20,677.38
7 1 Dave Krause Dodge 14,486.75 149468.15
TOTAL 190041.77 1
E
I1
I
I
i{
osrf!1fDC VANS BILL FRILNDLY AL AVE
SID TITLE DOWER
UTTER CHEVROLET !!GNATS RAUSE
5 2 o.1n. FORD CHEVROLET ONE
)PENED November 26, 19 GMC
ACCOUNT 1
g~ R YBNDOR VENDOR VENDOR
gN YE DOR EN R
TY, I -
tO 948 b9~
Ni u To L
Pi k o
,75 4.546.00 11 971.15 11 658-13 9 520.05
Ton ~1 4WD 11 597.31 10,729.00 11,688.91 139012.91
120927.41 12,850.00 12,686.99
5 1 Pickup„_ 1 Ton LW8 Y8 4WD
c t Ton 4 60"_ 0 26 .41 10 381.00 10,736.68
2 84" c/a 109338.69
14,486.75
Z 5P se e 159045.00
- -
GpC Ford Chevrolet Chevrolet odge
Make 60 Days 0.120 Days _
90 Days 80 Days 80 Da;s
Deliver,
,
- -
✓ I f! .1^r J n,4 , a w r v : r] rC`g r x. .>1.'; r r
DATE: December 17, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: DID #9543 LOADER BACKHOE
RECOMMENDATION: We recommend this bid be awarded to the lowest bid meting
specification of Dentex Ford in the amount of $28,299.00 each
with delivery in 4 days. Total bid $56,598.00.
SUMMARY: This bid is for the purchase of two loader backhoe units,
They are motor pool replacements and will be assigned to
the Water and Sewer Field Service Department and Electric
Distribution Department.
8ACKGROUND: Tabulation Sheet
I
I
PROGRAMS # DEPARTMENTS OR GROUPS AFFECTED:
Water and Sower Field Service and Electric Distribution
FISCAL 1NPACT: 1985/86 Budget Funds 620-008-0461-9104 $129729.00
610-008-0262-9230 $ 9,067.00
Motor Pool Replace. 720.004-0020-8707 34 802.00
56,598.00
Re ectf lly su'' 41t e :
Rick Svehla
Acting City ilanager
Preps red by:
ai~mes Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
I
Approved:
,r
Vn J. Marsha 11 C, P. H.
it Purchasing Agent.
~lU M yb4.f
81D TITLE LOADER/BACKHOE MEGA CASE DENTEX
OPENED November 26, 1985 2 p.m. EQUIPMENT POWER FOPD
~ CCOUNT I
Y'Y. 1 IPT10 _y NDOP _ VENDOR YEN R VENDOR VENDOR VENDOR VENDOR
1 2 Loader/Backhoe 38 412,04_ &54.DO--
Make 4108 580SuDer 5558
Model John Deere Case Ford _
Delivery 30-60 Days 7-10 Days 4 Da s _
DATE: December 17, 1985
CITY COUNCIL REPORT
TO: Maycr and Members of the City Council
FROM; Rick Svehla, Acting City Manager
SUBJECT: 810 !9545 SIDE LOADING REFUSE TRUCKS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for
each item:
Item 1 Truck Cab/Chassis to Bill Utter Ford 0$37,297,00 ea. • $ 749594.00
Item 2 Packer Body to EMCO Mfg. 0$22,711.20 ea. • $ 45,422.40
$120,016.40
SUMMARY: This bid is for the purchase of two side loading commercial
refuse trucks. One is a motor pool replacement and one is an
addition to the fleet.
The lessor price for the truck offered by MAhaney International
had a left hand drive only. The specifications require right
.hand drive.
BACKGROUND,, Tabulation Sheet
PROGRAKSt DEPARIMENIS OR GROUPS AFFECTED:
Solid waste'r'-- ircial Collection
FISCAL FACT: Tl;ese trucks will be funded as a portion of the lease/purchase
agreement approved by Council 12/3/85.
Re ectf lly su fitted:
Rick Svehla
Actirg City Iianager
Prep rep by.
ame: _ Tom 0. Shaw, C. P.14.
Ti►.le: Assistant Purchasing Agent
Approved:
om D. Shaw, C.P.M.
tie: Assistant durchasing Agent
BID 0 9545
BID TITLE, REMEE TRUCK u EMCO E14CO BILL HANEY AVIS
MFG, MFG. UTTER FORD INTL. RUCK
OPENED November 261 1985 2 p.m. Alternate
ACCOUNT 1
~TyITEM CmcRLP m yE1IDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
l 2 Truck Cab Chassis 38j963. 40 39,475.00 37,297.00 32,218.00
_
Make IN IH Ford
Model 01950B C01950B LNBO00 C01950B
Delivery 120 Days 134 Oays 130-160 Day 90-120 Day
2 2 30 Cu: Yd. Packer Body 22,711,20 ___r3 100.00
Make Emco ak-Hor
a] _ 30DR LN RL29._ _
Deliver After Receipt of 30 Work Days 0 Days-
Truck j 1,
DATE: December 179 1985
CITY COUNCIL REPORT
10: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID !9546 ROLL-OFF REFUSE TRUCK
RECOMMENDATION: We recommend this hid be awarded to the lowest bidder for
each item:
Item I Truck Cab/Chassis to Lone Star Peterbilt p $639521.00
Item 2 Roll-Off Frame to G&H Mfg. with optional 9 14,575.00
($450.00) cable controls $78,096.00
5UIVARY: This bid is for the Motor Pool Replacement of a roll-off type
refuse truck used in the commercial refuse collection section
of the Solid Waste Department. The optional cable controls
replace old style solid likage controls.
BACKGROUND: Tabulation Sheet
PR06RillISs DEPARTIUTS OR GROUPS AFFECTED:
Solid Waste.Commercial Collection
FISCAL IMPACT:_ This unit is to be a portion of the lease/purchase package
approved by Council 12/3/85. A.P.R. rate is 7.39%.
Re ect 11y s fitted:
Rick Svehla
Acting City lianager
Prepared by:
ama: Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
l 0,~
tie: urchasing Agent
ai*u r_95'
BID TITLE any i nFF afFilcE TRi!~IL -
G 6 H E.S.S.I. I.D.S. EQUIPMENT TAR RUCK
OPENED November 26, 1985 2 p.m. MFG. ETERBILT
ACCOUNT 1
YEN R VENDOR VE DOR VENDOR YcNDOIt _
rTru nxsCiltPTIDN EN
691838.00 3,521.00 6362:00
OTY7 1 1 Truck Cab Chassis
10
Crane-
Model
0-120- 10-20
Delivery-
2 1 Roll-Off Frame 14,125.00 15 740 00 14 391.00
Make U50R174
Model G&H Accurate Gailbraith
Delivery ')-15 Days 30 Days
option $450
Y
DATE: December 17, 1985
CITY COG.9CIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID /9548 DISTRIBUTION TRANSFORMERS
RECOMENDATI011: We recommend this bid be awarded to the lowest evaluated
bidder for each item:
Item 1 15OKYA to Barnett Assoc. @ $39342.00 ea. $16,710.00
Item 2 750KVA to Texas Electric @ 9,290.00 ea. 18,580.00
Item 3 300KYA to Poleline @ 4,901.00 ea. 14,721.00
Item 4 500KVA to Poleline @ 5,951.00 ea, 29 755.00
$TF0 6 :fin
SUMMARY: This bid is for the purchase of distribution transformers to
replace inventory stock.
The lower price offered by Cummins Supply on Item 1 has been
reJected because of an mall or none" clause in Cummins bid.
BACKGROUND: Tabulation Sheet
PROGRAMS. DEPARTiiFIITS OR GROUPS AFFECTED:
Electric Distribution
FISCAL IMPACT: 1985186 Budget Funds Account Number 611-008-0252-9222
Re ully s bmitted:
I A
Rick Svehla
Acting City iianager
P spared by:
z
g D. smells. om haw, C. .M.
Titles Assistant Purchasing Agent
Approved.,
a o 6. OM rs a I 19 C. P. H.
T1 es rchasing Agent
l0~ V
q+►~ p CITY OF DENTON
U7l1JYJ1~i MSMORANDU M
arrrr rrr r sera as rrarrrrrrra rarararar rr rrraar r rrrrr r r ra r rare ra rr rrrrr rr a
T0t John Marshall, Purchasing Agent
FROMI Ernie Tullos, Assistant Director of Utilities
DATE: December 2, 1985
SUBJECTt Sid Number 9548
The Electric Distribution transformers on Sid 9548 have been evaluated
for total cost as foilowel
Item Description Quantity Supplier Kra Unit Price Total Price
1 150 KVA PM 5 Barnett HO $30342.00 $160710.00
120/208 Trans.
2 750 KVA PM 2 Texas Faytran $9,290.04 518,580,00
120/208 Trans, Electric Co.
3 300 KVA PM 3 Poleline MG $4,907.00 $140721.00
277/480 Trans,
4 500 KVA PM 5 Poleline MG $51951,00 $29,755.00
217/480 Trans.
Total $79,766.00
Notes On item one, Barnett Supplier has been chosen instead of Cummins, refering
to note on page 2 of bid proposals "all or none" Cummins Supplier.
A tabulation of the evaluation is attached.
ETskn
6~C ~ 1985
u"AA
AE96
4 to r 9548 R ,
'ID TRANSroAKRS PRIESTER CUNNINS PRIESTER G.E. NELSON SESCO BARNETT TEXAS POL(LINE TEMPLE
APPLY SUPPLY SUPPLY SUPPLY ELECTRIC SAN ANGEL 6 ASSOC. ELECTRICAL ELECTRIC INC. ,
PEN November 26, 1985 2 p.m. PRODUCTS
CCOUNT 1
I I lQTy I I.- ON VENDOR VENDOR VENDOR VENDOR VENDOR IVENDOR /
1 5 1SOM 120 200 / IS8.00 2.56i.00 4,6$9.00 4,530.00 3,671.00 61060.00 3,342.00 3,790.00 2,949.00 4,574.00
2 2 750KYA IeO/208 9,522.00 840.00 10,661.00 10.507.94 9.767.OC 14,258.00 9,153.00 9,290.00 10.477.00 9.290.00
300KVA 2111480 i.564.00 4,13S.Op 4.IS7.00 4-gal-nn _A01-14 00
4.
Delivery
-a& 24 Wks 11-19 Wks th-16 Wks -IZQ Qva 5:119 QX 22 'S
Nanuf
E a
P' r.
j
DATE: December 17, 1985
CITY WNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID #9552 ADDITION TO HAWORTH PANEL SYSTEM
RECOMMENDATION: We recommend this bid be awarded to the low evaluated
bidder, Tekram of Texas, from Dallas for the bid of
$35,548.20.
SUMWIRY: We received three bids; two of which were as specified. The
low bid of Furniture Marketing Group did not include the
installation. They bid a $25.00 per hour charge for installation
in addit-lon to the base bid. We, therefore, do not know or can.
we Bete naine the hours required. We evaluated the bid of
Tekram as the lowest evaluated bid.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Furniture for balance of Customer Service area.
FISCAL IMPACT: There is no additional impact on the General Fund. Budgeted
funds and funds from Building Improvements 1984-85.
Re ,ert~ully s bmitted:
Rick Svehla
Acting City Manager
Prepared by.,
• John J. Marshall, .P.M.
Purchasing Agent
Approved:
ohn J. Marshall, C.P.M.
Titt Purchasing Agent
l11U • YJJL
BID TITLE ADDITION TO HAwORTH DANF~ l sySl M D1EC~N FUR ,TINE OFKRAM TEXAS
OPENED December 5. 1985 2 ~m• GROUP
i
ACCOUNT 1
i
TYVENDOR E DOr 'V N R VENDOR VENDOR VENDOR VENDOR -ITEM DESCRIPTION i
i
i
9 ,02n ~ 34 955,93 35 548.20
Inst I ncludQ~
80 Days 9 }Jks
r
w.
DATE: December 17, 1985
CITY CWKgIL REPORT
TO: Mayor and Members of the City Council
FROM., Rick Svehla. Acting City Manager
SUBJECT: BID 19553 DERRICK/AERIAL BODY/BUCKET BODY
RECJH Ei1IlATION: we recommend this bid be awarded to the lowest bid meeting
specification as listed:
Item 1 to A-Tee North 9 $60,851.00 Derrick Body
Item 2 to A-Tec North 9 $55,443.00 Aerial Body
Item 3 to Commercial Body 9 $15.380-00 Bvrket Truck
SUMMARY: This bid is for the purchase of a hydraulic d6rrick body for
use by the Electric Department, an overcenter aerial device
(bucket truck) for the same department, a.nd a one-man aerial
devise (bucket truck) for Traffic Control.
The lesser price offered on Item 2 by UEC is not for an
over center unit as specified.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Distribution and Traffic Control
FIXAL IMAM, 19A&t/4 Budget Account 1610-008-0252-9230 160;851.00 Elect. Dist.
198F/86 Budget Account 1100-002.0012-9104* 15,380.00 Traffic Contr.
Motor Pool Replace. 1720-004.0020-8707 55,443,00 Elect, Dist.
R pec ully s bmitted:
Rick Svehla
Acting City Manager
Prepared by:
Name., Tom 0. Shaw, C.P.M.
Title. Assistant Purchasing Agent
Approved:
Marshall, C.P. ,
tle: Purchasing Agent
Bib f 9553
BID TITLE Uerri:k/Line Body/ Bucket w
OPENED jJ210/85 2PM I
u
0 U;
ACCOUNT i U c
m a
QTY. 1Tvi P" IR PTION tiE:NDOR_ VENDOR VENDOR VENDOR VENDOR VENDOR) VENDOR
t 1 _ Hydraulic Derrick 62940.00 65849.04 N/B 60851.00
2 1 Over Center Aerial Device 65386.00 54858.00 55443.00
3 1 One Man Aerial Bucket 15380.0.) 15440.00
DELIVERY 1 _ 15-180 dy 180-210d 120-150d V _
2 15-180 dy 15U-180d 120-150d
3 , 40-120 dy 30-45d _
777
+ + ..,'kv
DATE:Decezber 111 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMi Rick Svehla, Acting City Manager
11'14JECT: BID X19554 SEWER FLUSHING TRUCK
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Naylor Supply, in the amount of $63,099.50 for the
flushing body and truck combination.
SU194ARY: This bid is for the purchase of a sewer flushing truck for the
Water and Sewer Field Service Department. This is a motor
pool replacement.
BACKGROUND: Tabulation Sheet
PROGRAMS. DEPARTMENTS W GROUPS AFFECTED:
tiIater A Sewer Field Service
FISCAL IMPACT: 1965/86 Budget Funds Account 4620-008-0471-9104 W o 197.50
4otor Pool Replacement Funds 1720-004-0020.8707
p tfully ub//mmiit~tted:
Ea)~
Rick Svehla
Acting City Manager
Pr ared by:
►al~tr
flame: om D. aw, G.P.M.
Title: Assistant Purchasing Age::'
Approved:
All"
rs a
,
le: rchasing Agent
BID 0 9554 1
BID TITLE Setter Flushing Truck t
OPENED 12/10/85 2 Phi c
a vi 3e Iv
ACCOUNT N z N w an d
N QTY ITF1 pE5CR1PTIUN _ VENDOR VENDOR ~_ENOR VENDOR VENDOR VENDOR VENDOR
1 Flushing Unit 27381.00 33175.00 N/8 N/8
2 Truck Cab/Chasis 35718.50 32300.00
3 Combination 63099.50 65475.00
Alt 02 33950.00
67125.00
DELIVERY 90-120 dy 90-120 des
y
aAV s t ` " '
DATE:. De tuber 17. 1986
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Bio #9556 RADIO MAINTENANCE
RECOMMENDATION: We recommend this bid be awarded to the evaluated lowest and
most responsible bidder, North Counties Communication. This
contract is for a one year period and runs approximately
$75,0DO.00.
SUMMARY: This bid is for the annual contract for service on the City
of Denton radio equipment and communication facilities as well
as emergency service for the fire, police and utility
department. The contract includes monthly service charges
as well as other repairs and installation hourly rate.
BACKGROUND: Memorandum from Ray Wells
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Radio Communications for All Departments
FISCAL IMPACT: 1985/86 Budget Funds for each Department utilizing tFa
maintenance and repair contract.
Res ally su ttted:
Rick Svehla
Acting City Manager
a red by:
Tom 0. Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
61a
0% 00101(m~
a J . Marshall, C.P.N.
Ti e: urchasing Agent
q CITY OF DENTON OEC 1 Q 1.98§
u711.1risy MEN0RANDUM
~OQFr~,Ui, r fpN
.~.~.r+.~rr rrr.~w~~.rr r r.n.., r r rr.~+r~r.~..rwr.~.~r rrr..r.~ r r rw rr.n r r r~ i~YYfy ~ r.. r r rrr r
Too Tom Shay, C.P.M., Purchasing
rROMs Ray D. Wells, Superintendent, Electric Metering and Substations
DATE: December 10, 1985
SUBJi Evaluation Bid No. 9556/Radio Maintenance
Sealed bids wore received and opened December 5, 1985, for the maintenance
contract on City owned and operated radio systems.
It has been with great difficulty that I have evaluated these bids and make
my recommendations. I world also note at this time the extreme importance
associated with radio repair and maintenance. The Police and Fire
Departments are most critical in their needs for repair when units are not
operational and preventative maintenance playa a most important role.
I recommend the bid be awarded to North Counties Communications for the
following reasons:
1. Previous satisfactory service has been provided to all departments
within the City of Denton.
2. North Counties Communications is familiar with all City equipment. They
have a complete inventory system and are able Lo provide fast, accurate
repair.
3. North Counties Communications is an authorized repair facility for both
General Electric and Motorola.
6. North Counties has a shop facility of adequate size and a staff of
technicians able to meet our critical time and materials requirements.
5. North Counties Communication bid rroposal was complete and detailed. They
furnished all requirements for documentation, insurances, etc., as requested.
6. Based on the number of high service items, I feel they are the lower of
the two bids submitted.
Denton County Communicationa, cne other firm to submit a bid proposal did not
comply with requested insurance certificates or detailed pricing on equipment.
',`hey do not have the customer base at this time that demonstrates to me the
ability to meet our large fleet requirements.
It is my obligation to see that the best service is provided to our
communications systems at the most competitive pricing available. I feel my
recommendation reflects this, and it is in the best interest of the city of
Denton to award the bid to North Counties Communications.
If 1 may be of further assistance in the explanation of my decision and
recommendation, please feel free to call upon me.
DATE: Dscember 17, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID #9559 UNDERGROUND MIRE PULLING UNIT
• I
RECOMMENDATION: We recommend this bid be awarded to the lowest and most
responsible bidder Elgin B. Robertson Inc. the local
distributor for Sherman Reilly, in the amount of $17,875.00.
SUM4IRY: This bid is for the purchase of an underground wire pulling
unit for use by the Electric Distribution Department.
BACKGROUND: Tabulation Sheet
PROGRAMS. DEPARTIENTS OR GROUPS AFFECTED:
Electric Distribution Department
FISCAL IMPACT: 1985/86 Budget Funds Account #610-008-0252-9232
R spect lly sjfbmi t d:
Rick Svehla
Acting City Manager
Pr aced by:
Fame: Tom D. Shaw, C.P.H.
Title: Assistant Purchasing Agent
Approved:
C
Meg" rsha 1, C. . .
T e: urchasing Agent
ULU r--
BID TITLE UNDERGROUND PULLING UNIT T.F. ELGIN B. SHFRJlAN
SEARS ROBERTSON A REILLY
OPENEn _December 5. 1985 2 a.m. COMPANY INC. INC.
ACCOUNT
TY.
lTPJ DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
Pulling Unit--- o Bid 17 875.00 17t875.00
l iverv 60 Days 60 Days
t
9 D ~ CITY Of DENTON
~YZ ~l9M0RAN0UM
rw.rwrrwrrrrrr r.~rrrrrrrrrrrrrrrrr.~.~,rwrrrrrrrrrrrrrr.,. ~.yrrr.~rrrrrrrrrr.~rr
TOt Tom Shaw, Purchasing Agent
FROMs Ralph Klinke, Superintendent Electric Distribution
DATES December 10, 1985
SUBJECTS Bid Acceptance
Accept bid from A-Teo on Derrick/Live body ind Aerial Device.
Also accept Bid X9859, Sherman 6 Reilly, Inc., for Underground
Pulling Device.
Accept 565, Temple, Inc., for Item 1 and Item 2.
i3
t
DATE:Dccember 17, 1985
CITY COUNCIL REPORT
TO., Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID #9564 WOODEN TRANSMISSION POLES
RECOMMENDATION: We recommend this bid be awarded to the evaluated lowest and
best bid of Colfax Cre,,sot;ng Co. in the total amount of
$24,145.65.
SUMMARY: This bid is for the purchase of wooden transmission poles for
use by the Electric Distribution Department in the maintenance
and new construction of the electric transmission system. These
poles are replacement of warehouse stock. The long delivery
time quoted by the lowest bidder, Koppers, Inc., is not
acceptable.
BACKGR(AINO: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Distribution and Warehouse
FISCAL IMPACT: 1985/86 Budget Funds for Electric Department inventory purchases
working capital Account Number 710-004-0582-8708
Re ectf 11y su fitted:
VA/
Rick Svehla
Acting City Manager
Prepared by:
C
Name: Tom D. Shaw. C.P M.
Title: Assistan! t;rchos+c_, Agent
Approved:
hn J. Marshal I , C.$-
itle. Purchasing Ac
Diu r ~ruti
ID TITLE Wooden Transmission Poles L .
)PENED 12-10-85 2PM a v v 41 0 " U
v+ a
[COUNT M +1i oapf vi
My v___ 1j_E_M_ DGSCRLPTION VENDOR VENDOR~_y VENDOR _ VENDOR VENDOR _ F384.50
OR VENDOR
1 6 60/2 445.86 378.68 465.15 430.00 444.00 2 6 70/2 591.09 468.32 626.85 580.00 494.00 475.50
3 8 75/1 767.68 737.20 790.65 734.00 657.00 749.2[
4 6 80/1 848.72 769.90 929.25 870.00 7?7.00 782.20-_-
5 5 85/1 960.01 w 893.81 1025.85 960.00 830.00 909.20
6 4 90/1 1038.48 1019.40 1128.75 1051.00 915,00 1035.70
TOTAL 26409.43 24145.65 28096.95 5156.00 23056.00 24536.00
- - all or no a
v DELIVERY - 30-45 dys 30 days 30-45 dys 30-45 dys 75-90 dys - 30-45 dys
x:a.~'ww .•:ti , .rjW;z-- 'r r rS t , r r M
DATE: December 179 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM; Rick Svehla, Acting C!ty Manager
SUBJECT: 810 ,f9565 ENCLOSURES AND SWITCHGEAR
RECOMMENDATIOM: We recommend this bid be awarded to the lowest and best bid
of Temple Inc, in the following amounts:
Item I to Temple Inc. for 20 units @ $648.00 eah Total $12,960.00
Item 2 to Temple Inc. for 2 units @ $6850.00 each Total $13,100.00
Total $26,660.00
SUMtiARY: This bid is for the purchase of electrical power connection
enclosures and padmount switchgear for the electric diseribution
department.
The price offered by Priester on Item 2 is an alternate bid
and does not meet specifications.
8ACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Distrioution
FISCAL IMPACT: 1985/86 Budget Funds Account /610-008-0252-9221
Re c ally s itted:
Rick Svehla
Acting City lianager
prepared by:
r
ame: Tom 0 Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
i
G2r~c~_
itle. J hn J. Marshall, C.A.N.
Purchasing Agent
Islu. r ybo3 I
BID TITLE ENCLOSRUES A SWITCHGEAR WESCO GRAYBAR CUfiliINS TEMPLE T.F. SEARS PRIESTER
ELECTRIC SUPPLY INC.
OPPIED December PLY
5i 1985 2 p.m.
ACCOUNT /
TY. ITEM UESCRTPTION VEN R VENDOR VENDO VENDOR VENDOR VENDOR VENDOR
1 20 _Enclosares No Bid No Bid- ° 710,
Cont. C01. lk._.
2 2 Switch ear 1815.00 8360.00 7326.00 7299.26 o Bid No Bid
SAC Meter SAC PME9 RWD6B SAC
Alternates X11 12
690.00 6850.00
Ka-1 to
Precision
r v
1: i4a.,~. ~-i R.1 ~ ,ti h S lil A yy ~ C4 t."§..4
1247L`
s
NO.
AN O'c'DINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR tiERVICE4 Itl
ACCORDX4CE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHFAEAS, state law and ordinence require that certain
contracts requiring an expenditure or payment by the City in an
amount exceeding $10,000 be by competitive bids, except in the
care of public calamity where It becomes necessary to act at
onc, 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,
ma: finery or equipment, or in cases whore state law does not
require competitive bids; and
WHEREAS, Section 2.36 (f) of the Code of ordinances requires
that the City Council approve all expenditures of more than
$10,00; 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 todebtedness shall be by .)rdinance;
NOW, THEREFORE, THE COUWCIL OF THE CITY OF DENTON HERESY ORDAINS:
SECTION I.
That the City Council hereby determines that there is a
public c-slamity that waked it necessary to act at once to
appropriate money to relieve the necessity of the citizens or
to preserve the property of the city, or to protect the public
health of the citizens of the city, or to provide for 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 approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
71109 IBM38,034.00
11501 TRE9 18,600.00
S ECT IOtI 11.
That because of such emergency, the City Manager or
designat;ad employee is haceby authorized to purchase the
materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in
accordance with the pprov L ions of state law exempting such
purchases by the City frou the requirements of competitive bids.
PARE ONE
e
x
SECTION III.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the 17th day of December, 1985.
,l 0. STEWARTI MAIM
CITY OF DENTON, TEXAS
ATTEST:
CHKKLOTTE ALLEN, CITY 9ECKEUff
CITY OF DENTONs TEXAS
APPAOVEJ AS TO LEGAL FORM:
DEBRA ADAHI DdAYOVITCB, CITY ATTORNEY
CITY OF DEMON, TEXAS
BY: A
I
PAGE TWO
»»aaaa~r
`r
OAtEtDecember 17 1986
CITY COUN+IL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: PURCHASE ORDER #11109 IBM Lease/Rental DIOSS Software
RECOMMENDATION: We recommend this purchase order be approved for the lease/
rental of so4tv:are for the Data Processing Department to IBM
for the 11 months for a total of $38,034.00. '
SUM9ARY: This is a continuation of the approval of our Purchase Order
169803 to 1BK on August 27, 1985. This is for the
continuation of the rental of our usable DIOSS software, and
its continued use for this next year.
BACAGROUNDt Purchase Order Copy
PROGRAMtS~ DEPARTP TS OR GROUPS AFFECTED:
Data Processing
F_ISCA1. IMPACT: tudget Amounts
Re ect lly su mitted:
Rick Svehla
Acting City [Manager
Prepared by:
G
am o Mfr. Marsha .
it1e: Purchasing Agent
Ppproved:
n F rSha , P;M.
1* Purchasing Agent
!!!1I KW 11PIC
f T •-afi""R VASE O On DEkTI*j X76201
e:
' ~ _901•B?teXAS STR . ;
P, 0. NUMBER DATE /VENDOR NO. DOCUMENT : Ty
r
x + r ; .5
1
i 13/22/ff5 511
II156000 ~e
< SNIP TO: VENDOR • . ? ~t 1 '
ItiH CITY' OP Df:NTON~"
ATTO JLie►° jjZBIHM DATA PROCESSiNr,
P•O. BO><''J40A21 324-8 EAST MCKINNEY ST.'1 tip,:E
r DENTON' YX '•76201 r 3 t ' •.t
PALL119. Tx t •7.+234
I
ITEM = ACCOUNT,NUMBER UNITS NUMBER DESC,tIP1ION BID NO. , ,-.LINE AMOUI
)1 t 00 003 `O>I7; ~s21 i it 1 MON' OOS 'R@LEASE 291 /IICFoP1rFt 6 .14 ~23~760:Of
12 100 ,003, A0{7:. 021 VS I E•VShFI•VSAM SPACE fiANAGER•
t3 too ;003 ;40~ 7'`83x! VSs(M; BACKUP tCI CS 'I* 6p F~ASTCOPY. = t~-. ~a't
A4 ~'100;00"J p01T'~S~l i i .I "FASTt:COPYi OITT0i ADV FUkCTION;„ L I Z, JS lOD 003~017,,.52! i tlt MON DOS/V$ COOOL .COMPILER L tI
2i 024d0(
J6 1 fi 003<:06i.7.85i$i ' tI KrIN Dos PL/I CPTN'.ri COMPILER L 3078C,•Ot
tI 1 0 003 ~01T" 8521°' _ X111 MON OTAN-'S 'FOR f/OS/VSL i w ('`484~Qt
, . l •7G0'•bC
1i7, too 005''•00 17 '852!' it 1 • MON. 00S/VS tPG~ It
19 100 003 0017X8821 f , 111HON ifSE/1PCS, ! 07':0t
to 100 003 0017 0521 'it ;44ON DEV MGMT. SrS/CIC$/VS-005 „ 5'i269.0c
t l' 1 00 009 ' 0017 $321 I I i 1,040N INTERACTIVE PHUCrUCT, PAC - , +s5v•°Ol
~ ti ' 711 / t.. ~ I 1' ~ R ' j
I tf'.♦ r 1 +r 1 F IY '1
1
The City of nton, Texas is lax exempi • HousJ BII! No. 26.
• ,r 00 M
r \
Reference P.O.Numberoa all B%L,Shipments am Involves.,."
Shipments are F.O. B, City of Denton, or is'ndicated, l i By
R.R. Number Itee+s Received Date Voucher Number Amount
r
DAM, 12/5/85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: ANNUAL MAINTENANCE CONTRACT WITH TRES ON UTILITY BILLING
SYSTEM KNOWN AS "CIS"
RECOMMENDATION:
Recommend that the City Council approve the continuance of the maintenance
contract with TRES Corporation for the Utility Billing Software package
know as %6".
SUMMARY:
This contract covers maintenance, enhancements, program fixes to both the
billing programs and the meter inventory programs thru the end of the
fiscal year.
BACKGROUND:
This contract is a continuation of the services the City of Denton has
received from TRES Corporation for the past four years.
PROGRAMS, DEPAR'T'MENTS OR GROUPS AFFECTED:
Utility Billing, Customer Service, Metering and Substations, Utility
Administration, Finance, Cashiering, and Data. Processing.
FISCAL IMPACT:
The cost for this maintenance service is $18,600 which is budgeted in
the current fiscal year's budget for Data Processing.
Respectfully submitted:
P R c 5ve la, Act q City Manager
Prepared by:, '
ro ary Collins
Tit a Director of Data Processing
Appro d
Name
Title
a rv. M r;. A 1 t f .tr
F1 7F
16115 AdO On 1446d ; f
aura,Tgq 1s21e j
21N2ab M
INVOICE NUMBER: 080011 lor
November 22, 1985
Colty of Denton
324 P. E. McKinney
Denton, TX 76201
Attention: Cary Collins
invoice for the TRES Customer Information System License Material
Maintenance per Primary Agreement No. 758.
MAINTENANCE PERIOD
Customer Information System 14,400.00
Meter Records System 4,200.00
October 1, 1985 to September 30, 1986
.r
TOTAL. INVOICE $ 18.600.00
Please remit to:
TRES SYSTEMS, INC.
P.O. BOX 84016
Dallas, TX 75284
C1 TRES SYSTEMS, INC
CJ acoNrdMutcom '%my CLIENT ORDER FORM
,
CLIENT NMRE - - PA No. NO, M) No. (end) ne. Na. rd* two CNa,f PO NO.
City of Denton 768 _
WOICMO ADDRESS (H diflerant Irom Aweemang SHIP TO ADDRESS (N D ,fereM kom Ske)
324 P.E, MdOnney
GTY :IV STATE lip
Denton STATS Texas 76201 arr
ORDER TYPE E ADDRESS (tndude Room. Building, Ftoa)
lnittat Order Add On Order Change War
CITY STATE ZIP
O Lkenaed Mwerlah U Licamed Malerlafa 0 she
U Maintenance Ot Maintenance U kwt*l g Addrou
CLIENT TRES Systems, lno.
City of Denton
By (AuMa4ed Signwure) µl au el
NAME
NAME
Paul Fryrmn a
ITL MANTENANCE
TITLE Vice President IICENSErEE CHAROE
$
DATE DATE II Z / s' ~Cy L
Vanbn S 2 d
_
pry Number DESCRIPTION now
TRES CIS Inksm allon Syst License
Material Malntenance 110/1/85 X 140400.00
thru
TRES Meter Recorc's License 9/30/86
Material Maintenance X 4,200.00
,
SpecOW Operating Eerripm rt ALL CHARGES EX( ME TOM
APPLIUAE TAXES 18 600.00
Ufa wlfh ".art AgrwemenL LtwNeE M MerMfa Addendum of M&*WW a Ae4ndurtl
AN I DUAL OPPOWUN11Y WNDOR a
s
n a r , q. .tom, II .ry.1;r r .l 4+ r
DAM 12/63/65
CITY COQjj, M WORT FORMAT
T6: mayor and Members of the City Council
FROM% Rick Svehla, Acting City manager
SUBJECT: ADOPTION OF AN ORDINANCB PROVIDING FOR THR PRRV&NTION AND ABATgM WT
OF LITTOR ON PUBLIC STRBYTS
RSCOMNOATION:
The staff recommends approval of this ordinance.
Thir, ordinance has been proposed in an attempt to eliminate
unsightly conditions on City streets, •enich are resulting from new
development activities. In effect, thi ordinance makes it illegal
to deposit, tra.K, or scatter any dirt, stone, gravel, brick,
cement, conordta, amid, mud, wood, trash, garbage, or similar
materials upon any pt:blio street, alley or public way. The
ordinance requirse an .?arson engaged in hauling, excavation,
alteration, demolition or construction work, who commits such an
offense, to remove such litter within two hours of notification by
the City of the violation. If the violator fails to correct the
problem, the City would then remove the material and assets the cost
of removal plus a $50,00 administrative fee to the violator.
BACK Q D:
Over the last several months we I4ave received nuir4rous complaints on
the unsightly conditions of City streets due to new construction.
Upon checking these complaints, it is obvious that the majority of
the scud and debris in the streets is coming from vehicles leaving
the construction sites. Very few of the construction contractors
devote any effort in cleaning up this debris or in the prevention of
such messes. Thus, the City of Denton Street Depattment must
attempt to remove such litter.
PR00RW. DRPAR~NT$ OR GROUPS AFFBCTA t
City of Denton Code Bnforcen*nt Office
City of Denton Street Department
Construction Contractors
Citizens of Denton
u '1 A t A r . Y « s N,
r
Disaussion of Street Ordiaaace
December 3, 1985
Page 2
pIBCAL IKPAC~:
Although the fiscal impmot of such an ordinance is undete minedt via
would anticipate only nominal costs due to this ordinance which
would be recc,.ered by the administrative lees. ?here should be some
tncre!ases in productivity as the Street Department could devote more
attention to its intended responsibilities.
Re e t s alt
Ric\ Svehla
Acting City !tanager
Prepared ipy:
9i11 Angelo
Assistant Director
of Public Works
Approved:
Bill Angelo
Assistant Director
of Public Works
40240
R'fi l l ' l 9y r _!i C ,N. ,
~7~'K"'-T• F7'~fT ' T a 4 ' =r` e + rti t i e
NO.
AN ORDINANCE OF THE Cli" OF DENTON, TEXAS AMENDING CHAPTER 21 OF
THE CODE OF ORDINANCES TO PROVIDE FOR THE PREVENTION AND ABATEMENT
OF LITTER UPON PUBLIC STREETS; P°OVIDINO FOR A MAXIMUM FE14ALTY OF
Two HUNDRED DOLLARS VOK VIOLATIONS THEREOF; PROVIDING FOR A SEVER-
ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL Of THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That Article I of C iapter 21 of the Code of Ordinances of the
City of Denton, Texas is hereby amended by adding a rev Section
11-14 wbich shall read as follows:
Sec. 21.14. Litter on 2ublic Streets
(a) Scope. The provisions of this section shall apply to
all persons, contractors, or subcuntracters perform-
Lng o..y hauling, excavation, alteration, demolitLon,
construction or reconstruction, or work related or
incidental thereto, on any site 'Within the City of
Denton, rnd to any parson, contractur or subcontractor
making use of any public street, s.:ley 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,
track, or scatter any dirt, sten<., gravel, brick,
cement, concretes sand, mud, wood, trash, garbage,
rubbish or other similar material jr dabris upon any
publLc street, alley or other public way.
(c) Vehicles Leaving Construction Sites. No person,
contractor or subcontractoe, pcc Ora ng 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, urti as such vehic"te is pr-aperl covered and
all equipment of sold vehicle, including the tires
thereof., are pro!?orly cleaned so as to prel:enc e
violation of paragraph (b) of this section.
(d) Abatement of Stseat Littatin ,
(1) Should any person, contractor or subcontractor,
perforwing all or part of the work described in
paragraph (a) of this section, violate the provi-
sions of paragraphs (5) or (c) of this section,
the City, through any of its desigases, may isrue
an order, in writing, to anoperson, cbatrartor,
or subcontractor on the o site where tuck
violations originate, to cosse s}.ecified activity
on such s.te relating to the violation o;' this
sectton including, but not limited to, hauling,
excavation, construction, demolition, or recan•-
struction at the job site, or reaoval of any
material from the job site.
PAU 1
I
(2) No parson, contractor or subcontractor issued an
order as specified herein, shall continue, cause,
or allow the activity covered by the order to con-
tinue after the lssuance 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, to 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) ox thin section, the person,
a,ntractor or subcontractor respone.bile for such
violation shall remove such litter from the public
aireet, alley or other public way within tvo "2)
t houra of notification by the City of the violat!3~-
(2) If sai- person, contractor or subcontractor respon-
sible for such violation shall fail to timely bate
J the violation after notification to do so, the
City may reaovo or arrange to have removed the
litter and the costs of suvh removal, sloog with
&n admin strative fee in the amount of fifty
Dollars 0,0,00), shall be charged to the person,
contractor or subcontractor tesponsibls for the
violation.
(3) If ton person, contractor, or subcontractor
responsi41a for such violation shall fail to pay
such costs within twenty-four (24) hours of
written notice of the costs incurred, the City may
issue an order, in accordance with paragraph (c)
of this sectioe. requiring the person, contractor
or subcontractor to cases work at such job site
until all costs are paid.
I(f) Appeal of Ordery Assessment. Any person who is
aggrieved by an order assessment made pursuant to
this section, nay appeal, in writing, such order or
assessment, within ton (10) days of the notification
of the same, to the City Manager or iris designee. The
City Manager, or his designee, within tan (10) days of
the filing oa the appeal shall hold a heariag to
consider the validity of the f.etiea appealed from and
render a decision c'.iereoa.
i
SECTION IZ.
That ary person violating any of the provicioaS of this
ordinance shall, uon conviction, be finod r sum not exceeding Two
Hundred Dollars (12M OO); and each dayy and every day that the
provisions of this ordinance arm viols. d shall constitute a
separate and distinct offense. This penalty 's in additiun to and
cumulative of, any other remedt.a as may be aoailable at law and
equity.
SECTION aIL
That if any section, subsection, Parag6raph, seateace, elavae,
I phrase or cord in this ordinance, or spolicition tderent to any
PACE 2
.'V r i, Y 'i , \ M f 1y~ M
.A~t,S r •z71'a~ ' a ~ ~•"t ,.J
arson or ctrcuasf•i,ce is held invalid by any court of competent
~erisdiction, such holding shall not affect tt:i validity of the
remaining portions of this ordinance, ±nd the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
SFCTION 1V.
That this ordinance ahall become effective fourteen (14) days
from the date of its passage, and the City Secretary Is hereby
directei to cause the caption of this ordinance to be published
twice in the Denton Record -Chronic le, the official newspaper of
tna City of Denton, Texas, within ten (10) days of the date of its
passage.
PASSED AND APPROVED this the day of , 1965.
- WE
CITY OF DE:.TON, TEXAS
ATTEST:
UW.ALLENI CITY SECRETARY
CITY OF DENTON, TEXAS
A.PPROVE,D AS TO LEGAL FORM:
UEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF bENTON, TEXAS
SY.
.,f
PAGE 3
~ ~Js ~'✓r, nit:, _
bin COUIIOYC RRPORt FoRKAV rATBs 12/i7%85
TOt Mayor and Members of the City Council .
FROM: Rick Svehle, Acting City Manager
bUBJRCT: ADOPTION OF AN ORDINANCE INSTITUTING ANNEXATION PROCEEDINGS FOR A
TRACT OF LAND APPROXIMATRLY 136.588 ACRES IN SIZE SWINNIIIG
APPROXIMATELY 50o FEET EAST OF THE CENTER 'M(I OF US Ho 377 AND
SOUTH OF BRUSH CREEK ROAD (A-11)
RIC HDATION:
The Planning and 1Aning Commission recomeende approval,
sow I
This is one of Dix annexations 'hatng reprocessed due to an error in
publication proceduresifinal eution is scheduled for January 21,
1905.
This is an involuntary peti4lon for annexation initiated by the City
of Denton. A 172 acre development inoluding predominately single
family housing, townhouses, six aoreb of commarolal, and approxi-
mately 3 acres of retail and multi-family is proposed. This tract
is approximately 2 miles south of the urbanised area of the City.
I~j~O QM:
The City Council directed staff to initiate the annexation process
at its meeting of July 3, 1984. The Council took tinal action on
June 1985, but the pmc6m a is being repeated because of an error
in the public ne'sitteation process.
PROGRAMS _ DEPARTMENTS OR C!,OUPB AFFE(L1:
Two (2) rt,ply forme were mailed to owners of property in the
iffmoted area. None wore returned.
FISCAL IMPACtt
Undetermined
Reap tful y subm twit
Pre area by: R ok v l
O Acting City Manager
Da id Rl ison
Senior Planner
Appr ad
Jeff Key
Director of Planning
arA DOVeloraht
0782s
,F
77
' ebfOL ,
NO.
AN 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 136.38 ACRE OF LAND LYING AND
PART GOf SITUATED IN THE GEORGE THE DAUGHERTY SIIRV Y, ASTATE OF TEXAS AND BEING
BSTRACT NO, 351, DENTON
COUNTY TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT
PROPERly; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the rMe" est for annexation w&o introduced at a
regular :eating of City Council of the City of Denton, Texne,
on the pttition of the City of Denton, Texas; and
WHEREAS, an opportunity afforded at a
for ► publle hearing held purpose on the e
day of
1)83 the
Council tChambers for all nter std personsdto~ ate o theiriviews
and present evidence bearing upon the annexation provided by this
ordinance; and
WHEREAS, an opportunity was afforded sc a
for that ► public .'4,9985 gg held
purpose un the ~ day of br'► ;85 in the
Council Chambers for all interested persona o 'Ita a Lheir views
and present evidence bearing upon tha annexation provided by this
ordinance; Bad
WHEREAS, this ordinance has been published in full at least
one time In the offics-,1 newspaper of the City of Pgr.ton, Texas,
prior to its effective data, and after tLe public hearings; NOW,
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the hereinafter described tract of land be, and the same
is 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 ail the rights and
privileges of other 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 levied by
the City. The tract of land hereby annexed is described as
fol"ows, to-wit:
All chat certain tract or parcel of land lying and being situated
in the County of Denton, State of Texas, being part of thi George
W. Daugherty Survey Abstract No. 351, H. 4a8good Survey, Abstract
No. 517 i3nd the Va Hudson Survey, Abstract No. 586 ehd more
particularly described as follows:
SEGINNIM at a polo[ in the prasent city limits as established by
Ordinance No. 69-40, Tract III, said point lying 300 feet east of
and perpsndi. ulsr to the centerline of U. S. Hi hway No. 377 and
!n the north boundary line of the George W. Daugherty Survey,
.Abstract No. 351 and the south boundary line of the James Severe
Survey; Abstract No. 1164 said point also lying in an east and
west county road known as crush creek Road;
THENCE north 89°41'40" east along said survey lines and in said
county road, a distance of 1624.94 feet to a point for a corner;
THENCE south 0°33'13" veq t a distance of 805 foot to a point for a
corner;
A-11/WO0DCRttK (317 SOUTH)/PAGt ONE
r ~r.rr~
%-T
.J.•ti 5' w.X+., i1 V e .!7„
r
THENCE north 69°15'26" vest a distance of 163.6 feat 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 south 2°59'17" vast a distance of 919.1 feet to a point for
a corner;
THENCE north 89°38'13" west a distance of 1452.9 feet to a point for
a corner;
THENCE south 0'13118" west a distance of 1032.26 feet to a point for
a corner;
THENCE south 79°08'04" west a dLataace of 1789.01 feet to a point
for a corner, said Foint lying in the present cit3' limits line as
established by Ordinance No. 69.40 Tract III, said point alto being
500 feet east of and perpendicular to the centerline of U.S. Hwy.
31';
THENC' north 27°28' east along aaid present city limits , 500 feet
east Li and parallel to the canterlina of said highway a distance
of 3901.86 feet to the place of baginn:ng and containing 136.58
acres of land, more or lose.
SECTION It.
The above described property is he.aby classified as AgrJ.cul-
tural A District and shall so appear on the official zoning map
of the City of Denton, Taxas, which map is hereby amauded
accordingly.
SECTION III.
This ordinance shall be effective immediately upon its passage.
Introduced before the City V,uncll o,, the r_- day of
1985.
PASSED AND APPROVED by the City Council on the day of
1985.
RICHARD 0. CITY OF DENTON, TERA
ATTEST:
`CITY SEC a'9'M
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVIT4'H, CITY ATTORNEY
CITY Op DENTON, TEX'd
BY:
r
A-11/WOODCR2EK (311 SOUTH)/PACE TWO
PLAN OP' 3 RVYCE 'FOR ANNEXED AR9A CITY' OF nEN"1'4 Ti XA
WHEREAS* Article 9701 as amended requires that a plan of service
he adopted by the governing body of a-city prior to passage of an ord'.nance
Wexing 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:
1, 3asic Service Plan
A. Police
(1) Patroll,tng, 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
.is 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) dater 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 Ddntoh, Texas,
D, Sewer
(1) Properties in tho 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,
H. 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 Affeotive
date of annexation,
• t
t. Se~;~i4e ~~an
Andoxod Areas
Page ` two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for tragic flow, etc.;
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
preLeat city, will begin in the annexeu area on
the effective date of annexation.
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, constr+jction 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 i
policies of the city.
0. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation.
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the cit;
V 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 aaeordance with the
established poll.iies of the city,
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effee-a
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 ;or
electric ;:ewer.
. 1 AY
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) Damand for services ass compared to other areas
based partly on density of population, magnitude
of problema compared to other areas, established
technical standards and profe,iaional studies, %nd
nw~vral or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city,
I
(3) Impact on overa31 city economics.
The annexed area will be considered for CIP planning to the
S upcoming GIP plan, which will be no longer than one year from
the date of annexation. In this now CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
&d
j
/ FA ll
E 1
. 1
•
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o~
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\
I 1
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I
1 ) z
ANNEXAPFONI SC:HODdLB
VOctooor 18 19d5
► Suomlc agenda item
v Cctooer 29, 19d6 Suoinic age-ad oaCK-Up
dovainuer 5, 19d5 CitY CO,MCil cats data, time and place
ioc puolie nearing
duve,nnac d, 14d7 Notice 'so Denton Record Caronicia
NOV4moar d, 19d5 Puolisn notice and mailout
✓ a0vamoer 11,19d6 Suumit agenda item
`--~Novsmoer 12119do Suomit agenda oaVK-up
Novalnber ly, 1945 'City Council nolds Eirit puolic nearing
L--'Novalnuec iu, 19d6 e:AA Ca to Denton Record Carunicle
Noveinoar12, 193 Puolisn notice and mailout
✓NnVemoer 25, 19d5 Suomit agenda item
i4ovetnoer 2~ j 1966 Suomit agdnua oacx-up
Decejnoec 3, 19d3 City Council nolud second guul:.c hearing
v' Decamoer 9, 1965 Suomit agenaa itain
ftacamuer 10, 1986 Suomic agenda UaoK-up
" Jacwwac 17, 19d6 City Council inatitutaa annexation
proceedings
Dacemuer id, !.9d5 ordinance to Uantun Record CaConicla
Dece,nuer 1U, 1935 Puolisn ordinance
January 13, 1985 vomit agenda itd,n
January 14, 1985 Suomit agenda oacK-up
" January 11, 1336 Final action oy City Council
* Denotes action uy the City Council
0964g
's ~l ti54~v ~~•,,1 V14 f r'r. SD ~ ' . i1i w ~ `r
r F
P`6 9 Minutes
MA tell 13, 19AS
prge 8
Mr. Bell statee ire did not recently move onto this
channel, he has been there for five ycscs and stated he
did not have a water drainage problem until developers
up the road started to develop. Vi said he has been in
business since 1951. At this location, there has been
a beauty shop and a Horse Shoe Inn. He stated he is not
a developer, but a contract plumber 4nd his inten-
tions are not to go in and divide this tract up into
lots for sale.
Chair declared the public hearing closed.
Mr LaPorte made a motion to approve the petition of
Rofiert dell, requerting a variance of Article 4.LS of
th4 City of Denton Subdivision and L id Development
Regulations, with respect to dcaina`• requirements, on
a development consisting of a one acre tract located on
the west side of Duncan Street between Smith and Dallas
Drive (V-L2). Seconded by Mr. Jucen.
Hr. Sidor commented that apparently the city has had
problems previously with other developers, He asked
if they have put up their coney tot drainage improve-
ments and we grant a variant's, how will they feel.
Mr. LaPorte commented if those developers wanted t
variance, they should have code a.1d asked for it. He
added, he daesn't know thee: particular case or even if
they would qualify for a variance.
. Vote was called and motion passed unanimously (6-0).
it. Consider recommending approval of preliminary and final
replat of the John A. Hann's Addition, Slock 2, Lot 4-Rl.
Ms. Carson stated this is a tract of 0.149 %ores east
oe Austin Street and south of Hann Street. The site is
toned multi-family and multi-family development is anti-
cipated. She added the problems with Building t-%spee-
tions have bsin worked out and Development Review
Committee recommends approval.
No one spoke in favor or in opposition to the request.
Chair declared the public hearing closed.
Mr. Juren made a motion to recommend r;ppenval of the
preliminary and final replat of the John A. Hann's
Addition, Block 2, Lot 4-R1. Seconded by Mr, dncus
and unanimously carried (6-0).
V. Considerations
A. A4command approval of the petition of t',te City of Denton
for annexation o1 approximately 136.58 acres beginning
epproximstely 900 feet east of the centerline of U.S.
Highway 377 and south of Bush Creek Road (A-ll).
Me, 611tson stated on July 3, 1984, the Planning and
Community Development Department reported plans for a
1 proposed 172 ae:• development consisting of predomit.
arely star le faeily housing, townhouses, six acrae of
commercial, and approximately three acres of retail alld
multi-family. He hated this properti, is a good example
of wily we have developed the Subdivision and Land De-
velopment Regulations. Aestdential development does not
pay for itself especially In the area oL water and
sewer. ?he site to currently located in the extra-
territorial jurisdiction A the City of Denton and the
7.., ie r ° " c x 1,;. i,,.
P i 3 Minutes
lU roh 13, 1985
Pale 9
City Council directed staff to begin annexatica pro-
ease. He con:inued due to delays in obtaining a proper
Legal dssnription, changes in staff responsibilities
and questions concrorninq utilities services procvss.49
of the annexation petition has peen slower than urual.
He added electric service is available from both the
City of Denton And rPiL, water service must be planned
Jr. conjunction with Argyle, because it too is in a dual
service area and extending city of Denton mains is oot a
feasible alternative, Sewer service is to be providad
by the City of Denton. The Development Review Committee
has reviewed a preliminary plat oO. the proposed deve)op-
eent, Woodcreek Subdivision and has withheld a recommend-
at Lon 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
petition of the City of Denton for annexation of approx-
imately 136.58 acres beginning approximately $00 test
east of the centerline of u.3, Highway 377 and south
of Brush Creek Road (A-&O. Seconded by Hr. Sidor and
ununanimously c.:rted (6-0).
B. Recomxend approval of the petition of the City of Denton
for annexation of approximately 53.12 arras beginning
350 fast south of and perpendicular to the centerline
of U.S. Highway 380 and east of Oeealing Road (Capricorn
Motile Home Park and surrounding properties) (A-13).
Mr. ?111von stated the HoLigan Development Corporation
wishes to expand and improva the existino Capricorn
Mobile Home Park. The existing park to. situated on
approximately 30 acres and an additional 63 plus acres
is proposed for mobile home land use at apprc:!tmately
6 to 7 units per acre. Upgraded utility service to the
existing mobile home park is a potential plus of the
proposal. He continued, a pceliminAey plat of the ^rea
proposed toe expansion has been submitted for r.view,
The City Council issued a directive to staff to initiate
the annexation process of the existing park and proposed
area of expansion at its meeting of December 19, 1984
He added the Planning and Zoning Commission, the Public
Utilities Board and the City Council approved a request
for the extansion of City utilities to the site. He
alidad, the city will have to provide water, sews., and
police protection.
On question from ties Sidor, Mr. tllison stated the
sewer wouid be *tended from. Oeesling Road across to
Capricorn. ThLy are currently usin3 septic systems,
Mr. Juren made a m '3n to recommeni approval of the
petition cf the City of Denton for annexation of ap-
proximately 65.12 acres beginning 390 teat south of and
perpondteut.ar to the centerline of U.8s Highway 380 and
east of Oessitag Road (Capricorn Mobile Home park and
surrounding propertioo) (A-L31. Seconded by Mr. Sidor
a%d unanimously carried (6-0).
C. Roc,)m3end approval of the petitio., of the City of
Denton for annexation of approximately 42.39 acres of
land situated in tho S. Huitac°SurvoyI Abstract $14,
an4 beginning approximately 400 feat north of and
perpendicular %a the eenterlih4 of US Highway 380
/ and west of Masch Branch Road (A-LS),
Mr. 9111sun staged this annexation represent: the
balance of the Trt-Steel Structures, ins., property
beginning at the northeast corner of 380 watt and
VY 7S
' 0.l\~~•
DA'!Cs 12,/) ds
t
CITY COUNCIL UPORT FORMAT
TO: Mayor and Memb4rs of the City Council
FROM: Rick Svelila, Acting City Manager
SUBJECT: ADOPTION OF AN ORDINANCE 1118TITUTING ANNEXATION PROCEEDIMGB FOR
APPROXIMATELY 93.67 ACRES OF LAND B14INNING 3SO FRET SOUTH OF AND
PERP9KDICULAR TO THE CENTER LING OF US HWY 380 AND CAST Of GCESLING
ROAD (CAPRICORN MOBILC HOME PARK AND SURROUNDING PROPERTY) (A-13)
I&COF4S8NDAT ION s
The Planning and Zoning Commission recommended approval at its
meeting of March 13, 1985.
5UMWY3
This is one of six annexations being rcvcocessed due to an error in
publication procedures.
The Holigan Development Corporation proposed expansion and
improvement bf the existing Capricorn Mob%',e Home Patti to
precipitate this annexation petition. Thk ex!ettni mobile home park
is situated on approximately 30 scree and an additional 63+ acres
was proposed for mobile home land use (approximately 6-7 units per
acre projected). Upgraded utility service to the existing mobile
home 1%rk to a potential plus at the proposal. Continuation of the
pattern of concentrating manufaotured/mobile home park land use in
east Denton was a major factor and policy question. A strip of the
<uxlsting park and property along 380 frontage is already in the city
limits. The plans for Holigan Development's expansion of Capricorn
Mobile Home Perk have not been followed through on to date.
F!rnal action is scheduled for January 21, 1986.
DAC OUNDs
A preliminary plat of the existing and proposed expansion area was
submitted for review by the Cevelopment 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
Commission, Public Utilities Boscd, and City Council approved a
request for extenclon of City water to the Mite.
As stated earlier, plans for expansion of the existing,mobile home
park have not oontinuel to date. The engineering firs for Holigan
Development Corporation has informad staff of no request for action
or addViicnal work during the past eight months.
i
'A-13
Page 2
VENUt19. DBPARTMt MTS OR GROUPS AFFSGTgDt
Building Inspection, Solid waste, Police and Fire would have to
provide services imediately upon annexation. There are
approximately 150 residents of Capricorn Mobile Homy Park.
Projected population if original plane for development ever occurs
as proposed is 1,625.
E19CAL UIPA3'tt
Undetermined
Re eon y sub itt
Rick Svehla
Acting City !tanager
P~epare, by:^ -
David Ellison
Senior Planner
App ve
Jeff Me
Director of Planner-g
and Development
tOSyg
r v.t+. c a v°.,a ',.,~i~ » re ~y'Ca 'R f err
r
t013L'' r y
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND, CONT01UOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS; BEING ALL THAT %OT, TRACT OR PARCEL
OF LAND CONSIStING OF APPROXIMATELY 93.67 AIRES OF LAND LYING
AND BEING SITUATED IN. THE COUNTY OF DENTONs q1 W OF 'T'EXAS AND
BEING TART OF THE H. FORREST SURVEY, ABSTRACT NO. 417 DENTON
COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" bISTRiCT
PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Dentons
Texas, on the petition of the City of Denton, Taxsel and
WHEREAS, an opportunity was iforded a a public hearing
held for that purpose on the 19A day aV n '~rv1 bPY , 19g5
in the Council Chambers for a interaste persons t state
their views and present evidence bearing upon the annexation
provided by this ordinance; and
WHEREAS, an opportunity wass,sfforded, at a public hearing
held for that purpose on the ~ day of '-e. c+.. c r 1985
in the Council Chambers for aTi- interests persons to state
their views and present evidence bearing upon the annexation
provided by this ordinance; and
WHEREAS, this ordinance has been publishad in full at least
one time in the official r- .apsper of the City of Denton, Texas,
prior to its effective date, and after the public hearings; NOW,
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.,
That the hereinafter described tract of land be, and the
same is 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 sh4l I be entitled to all
the rights and privileges of other cititans 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 levied by the City. The tract of land heroby
annexed is described as follows, to-wit:
All that certain :Tact or parcel of land lying and being
situated in the County of Denton, State of Texas and being part
of the M. Forrest Survay, Abstract No. 417, and more
particularly described as follows$
Tract ti 1•EGINNING at a point in the pres1.nt city limits as
es cr-Wa-1 fin Ordinance No. 69.401 Tract V, said point lying 330
feet so,)th of and perpendicular to the center line of U. S. 380
and in the east boundary line of Lot 4, Block A of the
subdivision of said Forrest Survey, same being the vast boundary
line nI a tract conveyed to FSCS Coopsn'y by dead recorded in
Volume, 1099, Page 923 of the Deed Records of Denton County,
Texa►;
THFdCE south 1040' vast, along the east boundary line of said
lot and crsct, a distance of 339.51 feet to a point for a
A•13/CAPRICORN HPH//PAGE ONE
t ,.a C. `.'1 h. 1{ S`i(e r i ~t M r ;S •D pf w1 L. •.1 1; d `I4.
r
corner, same being the southeast corner of said lot and tract;
THENCE north 87°07'30" west, along the south b,-tundary line of
said lot and tract, a distance of 543.26 feet to a point for a
corner, same being the southwest corner of said tract;
THENCE north 1°03'40" west, along the west boundary line of said
tract, a distance of 227. feet to a point for a corner in the
said city limits;
THENCE north 81°26' east, aloug said city limits, 350 feet south
of and par endicular to the center line of said U.S. 3800 a
distance of S64.97 feet to the place of beginning and containing
3.59 acres of land, more or less.
Tract II. BEGINNING at the northwest corner of a tract of land
conveys to FSCS Co. by doed recorded In Volume 1197, Page 564
of the deed rocords of Denton County, Texas same being the
northwest corner of Lot 10, Block A of the subdivision of the M.
Forrest Survo;•, Abstract No. 417, meld point also lying in the
east line of 's, north and south county road known as Geesling
Road;
THENCE north 87°04'15" east, along the north boundary line of
maid tract and lot, passing the southwest corner of the above
described Tract 1, a distance tit 1485.18 feet to a point for a
corner;
THENCE north 86°56'59" east, continuing along said It
distance of 1379.92 feat to ■ point for a corner, mass bei,
northeast corner of said FSCS Co. tract and Lot 11, Block
said subdivision;
THENCE south 2°53'35" east along the east boundary line of said
FSCS tract and Lot 11, a distance of 379.39 feet to a point for
a car-%or, same being the southeast corner of said FSCS tract;
THENCE south 86°59'04" west along the south boundary line of
said FSCS tract, a distance of 2527.35 feet to a point;
THENCE south 87°18'40" west, continuing along said south
boundary line, a distance of 338.67 fast to a point for a
corner, same being the southwest corner of said FSCS tract and
to the east line of maid county road;
THENCE north 2°45'51" west along the west boundary line of said
FSCS tract and the east line of said county road, a distance of
379.69 feet to tht dace of beginning and containing 24.96 acres
of land, more o lL,a.
Tract Itli BEGINNING of the northwest corner of a tract of land
conv- eyea-to James H. Ru-:sell, Jr. by deed recorded in Volume
578, Page 315 of the Deed Records of Denton County, Texas, same
being the southwest corner of the above described Tract II, said
point also lying in the east line of a north and south county
road known as Goesling Posd;
THENCE south 89°32'49" east along the north boundary line of
said Russell tract, some being the mouth boundary line of the
above described Tract II, a distance of 338.12 feet to a point;
THENCE south 89°50'58" east, continuing along said lines, a
distance of 2526.83 feet to a point for a corner, same being the
southeast corner of said above described Tract II;
A+131CAP.itCORN MPH//PAGE TWO
i
I
~~rrlr■~■■r~
ti
L L~ 1, . ~t FG
THENCE south 0°17'13" east, a distance of 663.40 feet to a point
for a corner]
THENCE south 39°56'21" west, ■ distance of 712.0 feet to a point
for a corner;
THENCE norrh 89°24'39" west, a distance of 728.48 feat to a
point for a corner;
THENCE south 4°07'52" east, a distance of 985.11 feet to a point
for a corner, amid point lying in the north line of the cast and
west county road known as Blegg Road;
THENCE north 39°54'50" west along the north 1Lne of Blegg Road,
a distance of 717.56 feet to a point for a corner;
THENCE north 0°05'30" meet, a distance of 365 feet to a point
for a corner;
THENCE north 89°54'30" vast,, a distance of 36.18 feet to a point
for a corner;
THENCE north 46°13'49" :eat, a distance of 45.10 feet to a point
for a corner;
THENCE south 89°59'49" west, a distanco of 549.5 feet to a point
for a corner;
THENCE north 40°17'41" west, a distance of 155.8 feat to a point
for a corner, said point lying in the east Line of Gessling
Road; and the west boundary line of said Russell tract;
THENCE north 0°00'11" west along the west boundary line of said
Russell tract and east line of Geealing Road, a distance of
459.04 feet to a point for a corner;
THENCE south 89°54'18" east, a distance of 337.0 feet to a point
for a corner.
THENCE north 0°55'15" east, a distance of 534.17 feet to a point
for a corner;
THENCE north 87'°27'34" vast, a distance of 337 feet to a point
for a corner in the atst line of said Geealing Road;
THENCE north 0°30'12" west, along the east line of GeerSing
Road, a distance of 59.37 feet to the place of oeginning and
containing 65.11 acres of land, more or lass.
SECTION It.
Tne above described property is hereby classified as
Agricultural "A" District and shall so appear on the official
Zoning map of the City of Denton, Texas, which map is hereby
amended accordingly.
SECTION III.
This ordinance shall be effective immediately upon its
passage.
Introduced berforo the City Council on the _ day of
1985.
A•13/CAPRICORN MPH//PACE THREE
a :7 0
w s r. T'ati r nr R sr• i
t
PASSED AND APPROVED by the City Council on the day of
1483.
5'U. "MJART,, KAYOR
CITY Of DENTON, TEXAS
ATTEST:
EMLOTTE ALLEN MY SECRETM
CITY OF DENTON,,TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVLTCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BYt
A-13/CAPRICORN MPH/01AGE TOUR
jr,
PLAN OF SERVICE FOR ANNBXED' AREA. CITY'oF DENTON, Two
WHEREAS, hrticle 970a as amended requires that a plan of service
adopted by the V6verning body of a city prior to passage of an ordinance
hexing 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, eZ 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 araa the following plan of service:
I. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police cervices, using pre;,ent personnel
and .equipment, will be provided on the effeoive
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.
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) Proparties in the annexed areas will be connected
to sewer linos in accordance with article 4.09 cf
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.
[l A~ Y ~p ~i A .iSiey i A11 l'f 1 /Y }Ul
7 7k
Service' Plstn '
Annexed Areas'
Page two
F. Streets
(1) Emergeroy m int;enance 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 affective data 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.eifective date of annexation.
. H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area mr the effective
date of annexation. City planning will thereafter
Gncompass the annexed area.
I. Street Lighting
(1) Street lighting will be installed +r the substaa-
tially developed areas in accoraa.c •.e with the
established policies of the city.
J. Recreation
(1) :tesidents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of anr,'exatioL. The same standards and
policies now us9d in the present city will be fol-
lowed in expanding the recreational program and
facilities in the e.,larged city.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power,
Y.-
8ervid, 4 Play
I►nllexed Areas
Page three
L, Vis~;ellaneous
(1) Street name signs where needed will be ih':',alled
within approximately 8 months after the effective
date of annexation.
II, Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as:
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities.
(2) Impact on the balanced growth policy of the city.
(3) Impact on 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 3udgod accordingly to the same
established criteria as all other areas of the city.
~ q 1I1!' s H~•i, t t11 ~ ~ 1 y } r " t '*j{ 'lei •i
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1.-13
ANNSAArION SCdZDdLS
• 6*Cctooar ld, lldd Suomic agenda item
✓ Octooer 291 19d:i Suomit agenaa uacK-up
Nuva~w ar l~aa City Council cats date, time and place
for puulic cieariny
v duvelaoec u, t~d3 Notice to Denton Record Cnrontcle
✓ Novemoar d, i:)d3 Puolisn notice and mailout
i
✓ dovemoor 11,19ss Suomit ayanda item
Novemoe: 12,19d3 SUQmit agenda DacK-up
I
Noveinner 19, 19d6 City Councii nolds first puoiie nearing
s.- Novemoar Jut lido Notice to Denton Record Cnrunicla
Novemoer 111 L9a3 Puolisn notice and mahout '
Novamuer 15, Lids Suomit agenda item
c/Nuveinoer 161 11d3 SUOMit agunus aacK-up
Oeceanaer 31 1963 City Council nolis second puulic hearing
Oacemoer 91 19ds Suiomit agenda itain
~uace,noer lot 1983 Suomit agenda uacn-up
* Jecamoac 17, 19do City Council institutes annexation
proceedings
•14cemuar id, 19d6 Ucainance to iantun Aecucd Caronicle
oeceinuec iu, lids Puolisn ocdinanca
January 13, 1ld6 Suomit ayanda itd.1
January 14, 1985 Suomit a-landa uacn-up
i
* January 11, 19dd OinAl action oy City Cc.uncil
* Denotes action ay the City Council
U964y
i
i
P i S Minutes
March 13, 1985
Page 9
City Council directed staff to begin annexation pro-
coca. He continued due to delays in obtaining aproper
legal description, changes in staff responsibilities,
and questions coacorning utilities aarvicet processing
of the annexation petition has been slower than usual.
No added electric service is available from both the
City of Denton and TP9L. Water service must be planned
in conjunction with Argyle, because it too is in a dual
service area and extending City of Denton mains to 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-
sent, Wooderoek Subdivision and has withheld a recommend-
ation of approval pending comments and acceptance of the
Argyle Water Company for requested sale of water.
,r. LaForts made a motion to recommend approval of the
poaition of the City of Denton for annexation of rpprox-
imately L36.S8 acres beginning approximately 500 teen
east of the centerline of U.S, Highway 377 and south
of Brush Creak 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 65.17 acres beginning
350 feet south of and perpendicular to the centerline
of U.S. H13hway 380 and east of 6sesling Road (Capricorn
Mobile Home Park and surrounding properties) (A-13).
• Mr. M ison stated the Holigan Development Corporation
wishes to expand and improve the existing Capricorn
Mobile Nome Park. The existing park is situated on
approximately 30 acres and an additional 63 plus acres
is proposed for mobile hoot land use at approximately
6 to 7 units pper acre. UpgraJod uttLity service to the
axisting mobile, ;ome pack is a potential plus of the
proposal. He continued, a preliminary plat of the area
proposed for expansion has been subuitted for review.
The City Council issued a directive to staff to initiate
the annexation process of the exists-:x park and proposed
area of expansion at its meeting of December 18, 1984.
He added the Plannlny and toning Con-mission, the Public
Utilities Ooard and the City Council approved a request
for the extension of City utilities to the site. He
added, the city will have to provide water, sewer, and
police protection.
On question from Mr. Sidor, Mr. 91111on stated the
sower would be extended from aoselin7 Road across to
Capricorn. they are currvntLy asing septic systems.
Mr. Juron made a motion to recommend approval of the
petition of the City of Denton for annexation of sp-
proximately 65.13 arras beginning 350 feet south of and
perpendicular to the centerline of U.S. Highway 380 and
east of Oatsling Road (Capricorn Mobile Homo Pack and
surrounding properties) (A-13). Seconded by Mr. Sidor
i and unanimously carrtad (6-0).
C, [_R_e-c-ommend approval of the petition of the City of
Denton for annexation of approximately 47.35 acres of
land sltuatvi in the e. Huitar Survey, Abstract S14,
and t* Inning approximately 500 feet north of and
perpX icular to the contarlint of US Highway 380
and wait of Masch Branch Road (A-1S).
Mr, 911tson stated this annexation represents the
balance of tho Tti-Steel Structures, inc., property
beginning at the aorthesst corder of 380 west and
DATE: 12117/85
' CITY MIL RRPORT ~jRISAt
TO: !Mayor and Members of the City Ctunoil
FROM: Rick Cvehla, Acting City Manager
SUBJECT: ADOPTION OF AN O10IHANCE INSTITUTING ANNEXATION PROCEEDINGS FOR A
TRACT OF LAND APPROXIMATELY 34-60 ACMES IN SIZE SITUATED IN THE K.
FORREST SURVEY, ABSTRACT 417 AND BEGINN[NO APPROXIMATELY 250 FEET
SOUTH OF AND PRRPKNDICULAK TO THE CENTKR LINE OF P.K. 426 AND
APPROXIMATELY 2.000 FEET EAST OF MAYHILL ROAD (A-14)
RKCOMKRNDATIDN:
The Planning and Zoning Commission recommended annexation and tuning
at its meeting rot March 13, 1985.
AYM=1
This is one of six annexations being reprocessed due to an -error in
publication procedures.
Final action is scheduled for January 21, 1986
The purpose of the annexation is to extend City control of
development and land use into this area. A petition for a change in
zoning for duplex and commercial land use was submitted and approved.
BACKGROUND:
A final plat has been approved and immediate construction is
antioiyated.
PROORAM8, DBe~ARTMRbtT$ OR GROUPS AF~BCTEJ:
If annexed and toned, all City departments providing basic services
(Police, Fire, Solid Waste, eto.) future residents wA businesses.
FISCAL IMPACT:
Unrietormined
Re act: ly sub itt2dj
Prepared by.- iek By bla
~U6 Acting City Manager
David Ellison
Senior Planner
Appra sd
Jeff Meya --t
Director of Plannind
and Development C6950
. 77
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TtMS; BEING ALL THAT LOT, TRACT OR PAdCEL
OF LAND CONSISTING OF APPROXIMATELY 34.60 ACRES OF LAND LYING
AND BEING SI L" TED IN THE COUNTY OF DENTON$ STATE OF TEXAS AND
BEING PART OF THE M. FORREST SURVEY ABSTRACT $0. 417, DENTON
COUNTY, TEXAS; CLASSIFYING THE JAME AX AGRICULTURAL "A" DISTRICT
PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the request for annexacion was introduced at a
regular meeting of the City Council of the City of D.~nton,
Texas, on the petition of R. 0 McDonnell, and
WHEREAS, an opportunity was a forded a4 a pu lic hearing
held for that ^urposs on the lr) _J day o~ n b`~, 1985
~n the Council Chambers for a interests persorte to state
their viers %nd present evidence bearing upon the annexation
provided by this ordinance; and
WHEREAS, an opportunity was afforded at i public hearing
held for th.t purpose on the 4 c' day of r.+ lr . , 1985
in the Council chambers foriTr interested persona to state
their views and present evidence bearing upon the annexation
provided by this ordinance; and
WHERVVIO this ordinance has been published in full at least
one time t° the offtc!.al newspaper of the City of Denton, Texas,
prier to t.s effective data, and after the public hearings; NOW,
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I.
That the hereinafter described tract of land be, and the
same is hereby ac,nsxed to the City of Denton, Texas, and the
same is made hereby a pert of said Cit and the land and the
present and future inhabitants thereof shall be entitled to all
the rights and privileges of other cieitens of said City and
shall be bound by the acts and ordinances of said City now in
effect or which mey herc:.fter he enacted and the property
situated therein shall be subject to and shall bear its prorata
part of the taxes levied by the City. The tract of land hereby
annexed is described as follows, to-wit:
All that certain tract or parcel of land lying and be',ng
situated in the County of Denton, state of Toxas and being part
of the M. Forrest Survey, Abstract No. 417, maid point lying in
the present city limits as established by Ordin.cce No. 83.1.+,
said point also 1yir.g 259 feet south of and perpendicular to the
center line of F.M, 436 (East McKinney) and in the west boundary
line of a tract of lt.od conveyed to R. 0. McDonnell by dead
recorded in Volume 1200, Page 462 of the Deed Records of Denton
County, Texast
THP.?!CE south 68°18'50" sut alongg the present city limits, 230
feet south of and parallel with tits centerline of F.M. 426 (East
McKinney), a distance of 319.22 feet, to a point for a corner;
THENCE south 64'33'48" east along said lines, a di^tance of
424.31 feet to a point for a corner;
THENCE south 63'44111" east, alone said lines, a distance of
316.39 feat to a poit. Or a corner;
A•14/R. 0. MCDONNXLL/PAGE ONE
~8r
a.
THENCE south 0°10'40" west, a distance of 664.96 feet to a point
for a corner;
THENCE south 1°00'45" east, a distance of 798.58 feet to a point
for a corner, said point lying in the south boundary line of
said VcDonneil tract;
THENCE north 89030'l31 west, along the south boundary line of
said McDonnell tract, a distan:a of 812.b7 feet to a point for a
corner, same being the southwest corner of said McDonnell tract;
THENCE north 1°00'46" vast, along a vast boundary line of said
1IcDo.nell tract a distance of 798.58 feet to a point for a
corner;
THENCE north 88°07'49" west, along a south boundary line of said
tract, a distance of 158.15 faa6 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 feet to a point for a corner;
THENCE north 0°14'47" vast, along a vast boundary line of said
tract, a distance of 321.9'1 feet to a point for a corner;
THENCE north 1°l115811 wait, along a vest boundary line of said
tract, a distance of 78.75 fcac to the place ofbeginning and
containing 34.60 acres of land, more or less,
SECTION It.
The above described property is hereby classified as
Agricultural "A" District and shall so appear on the official
zoning map of the City of Denton, Texas, which map is hereby
amended accordingly.
SECTION III.
This ordinance shell be effective t3mediately upon its
passage.
Introduced before the City Council on the day of
1985.
PASSED AND APPROVED by the City council on the day of
1985.
MR WT STE'WKIi YU.'
CITY OF DENTON, TEXAS
ATTEST:
Z'1lAREUTTER7; , - f"ECKETAR
CITY OF DE40N, TEXAS
APPROVED AS TU LEGAL FORM:
DEBRA AD,1M1 DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY;
A•14/R. 0. MCDONNELL/PACE Iu0
I
1
PLAN OF SERVIC$ 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
sexing an area; and
WHEREAS, the City of Denton is contemplating annexat::on 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:
1, 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 establie;jed 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. Refuse Collection
(1) The same regular refase collection service Sow pro-
vided within the city will be extended to the
annexed area within one month aftor the efttCtive
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.
(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.
6. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation.
. H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
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
G) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
Service Plan
Annexed Areas
Page three
L. Miscellaneous
(1) atreet 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 Plap 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 opportil.niti,es.
(2) Impact on the balanced growth policy of tha 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 thie new CIP planning year the
annexation area will be fudged accordingly to the same
established criteria as all other areas of the city.
i
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' A-14
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A-14
ANNSXAPiON SCddong
S 0---Octooer 2d, lies Suumlt agenda item
%-dvtooer 19, 1)45 ;uomit agenda bacK-up
Novemuac 3, lyd5 City Council eats date, time and place
toc puolic nearing
~ rlovemaar 60 1981 notice to Denton Record Caroniclia
November d, 19db Puolisn notice arid inailout
November 11,19d5 Suomit agenda item
November 12,1946 Suoinit agenda oaeK-up
tiovamhar 190 193D City Councii noids ticat puolic nearing
~,4dvamoer 2U, l9d3 d0t1Ce to Denton Record Cnronlcle
dovemoer 22, 1936 Puolisn notice and 194itout
Ll~ Novemuac 160 1982 Suoinit agenda item
4/dovemaer 26, lids Suoinit ayenda odcK-up
uece,noer 31 19d5 City Council nolud second puolic nearing
Decemoor 9, 1945 Suoinit agenda icair
Oecelaoer LU, 1985 Suomit agenda oack-up
* Decamoer 17, 19d6 City Council institutes annexation
proceedings
uecamuer td, 19d5 ordinance to Denton Aecurd Caconicle
Usce,noec 1J, 1985 Puolisn ordiiiance
January 13, 19d5 Submit agenda ite,a
January 14, 19d5 Siomit agenda oacK-up
January 21, 1986 Pinal action oy city Council
uanotes action by the city Council
U9o4g
-
minutes
Planning and Zoning Commission
March 13, 1985
The regular meeting of the Planning anQ 1on1~ Co"'
sof
the City of Denton, Texas was he don ++ecnes y Marco 13, 1985,
5100 p.m., in the Council Chamber of the hUnlcipal Building.
Present: bill Claibornt, R.B. Eacus, Jr., Gary Juren,
Robert LaPorte, Tom Pearson and Andy Sidor
Absents hvby Cole
Present from Staffs David Eliisom, Senior Planner; Denise Spivey,
Urban Planner; Cecile Carson Urban Planner; Tina Hill,
Intern; Joe Morris, Acting City Attornay; Jerry Clark,
City Engineer; Koorosh Olyai, Transportation Engineer;
Ray Rum field, Civil Engineer; and Debbie Boydston,
secretary
1. Approval of minutes of the regular meeting of
February 27, 1985.
Mr. LaPorte made a motion to approve the minutes of the
retular meeting of February 27, 1985. Seconded by Mr. Sidor
and motion carried unanimously (5.0).
Mr. Escue arrived at the meeting.
11. Considerations
A. RI ecommend approval of the petition of R. 0. McDonnell
for annexation of approximately 34.4 acres of land
0 situated in the M. Forrest Survey, Abstract 417, and
beginning approximately 250 feet south of and perpen-
diculat to the centerline of FM 426 and approximately
2,000 feet east of Maynill Road (A•14),
M=, Ellison stated this is the petition of
R.O. AcDoonell for annexation of ayproxim.`,ety 34.6
acres of land situated 250 feet south of and perpen-
dicular to the centerline of FM 426 and approximately
21000 feet east of Mayhill Road. He stated the request
is voluntary. This is the site of the request for tvo
family ant 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. Sider made a motion to recommend approval of the
petition of R.O. McDonnell for annexation of approxi-
m&tely 34.6 acres of '.and situated in the M. Forrest
Survey, Abstract 417, and beg inning approximately 250
feet south of and perpendicular to the centerline of
Fm 426 and approximately 21000 feet east of H Wtill Road
(A-14). Sec.)nded by Hr. LaPorte and unanimously carried
(j6.0) .
B. Recommend approval of the petition of Hammett 4 Nash,
Inc. and the City of Denton for annexation of approxi-
mately 150 acres of land located vest of Maynlll Rowd,
approximately 4,000 feet north of 1.350 and adjacent and
north of the MWO railroad (Ar11).
Mr. Ellison stated this request is tor approximately 150
&eras of land located west of Mayhill Road approximately
41000 feet noren of t-SS and adjacent and north (if the
NK6,T Railroad. He stated Hammett and Nash, Inc,, have
submitted a voluntary request for annexation and light
industrial soniaS on a 50 acre portion of this alto.
I
DATL't 12/17/$5
CITY C0U016 UPORT FOrM /
Tot Mayor and Kembers of the City Council L jFRoK: Rick Svehla, Acting City Kaa:ger / ~~~JJJ
BUDUM ADOPTION OF AN ORDINANCE INSTITUTING ANNEXATION PROCEEDINGS FOR A
TRACT OF LAND APPROXIMATELY 42.35 AMC IN SIZE BRING PART OF THE
S. HUIZAR SURV&Y, ABSTRACT 514 AND BEGINNING APPROXtRATKLY 500 FEET
NORTH OF AND PERPENDICULAR TO THE CENTER LINK OF US HIGHWAY 380 AND
WEST OF MASCH BRANCH ROAD (A-15).
BIC4~4SENDATIQ.K:
The Planninq and Zoning Commission recommends approval.
Y.
This is one of six annexations being reprocessed dua to an error in
the publication process.
This site represents the 'oalanee of the Tri-Steel Structures, Inc.
property beginning rw,,cth of 380 West and west of Kasoh Branch Road.
Zoning azp: plat spproval for a five sore office site was approved by
the Planning and Zoning Commission and City Council.
No development has occurred to date. Final action is scheduled for
January 21, 1986.
DMKGBQUNDi
The City Council directed staff to annex the entire Tri-Steel
Structures, Inc. property in October 1984.
PAOORAM3. DEPARMUTS 01-t- GROUP.8 AFFECTED:
No population or housing exists at the site
ILOCAL IMAM
Undetermined
Res atf ly su fitted:
Prepart4 bys a ta'
IJ►~lll ukken Acting City Msnager
David Ellison
Senior Planner
Ap ov
Jeff Key
1" rector of Planning
and Development 0693c
lul2L
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
OFE LANDY CONSISTING OF lAPPROXIMATELY~ 42.33 AOCRlEST pp TLAND PLYING
A
ND BEING SITUATED IN THE COUNTY OF DENTON STATE OF TEXAS AND THE
bEING
HUZZAR. COUNTY P TES. CL SSIFYINO E SSURVEYo AME AS AGRICULTURAL 'A14 DISDENTON
TRICT
PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Denton,
Texas, on the petition of Tri-Steel Structures, Inc.; and
WHEREAS, an opportunity was ,afforded, at a puDlto hoarin
h
the eld for that purpose on the ~/ir? t ,day of N4 ve odic k, 1985 in all views andtlpreseantaevidence bearings upon the ersons'
by this ordnance; and
WHEREA5, an opportunit; was~~afforded, at a pu§lic hearing
h
eld for that purgoso on the T~ 1e day of ~P`.s 1985 in
the unc Chaml; for all
viewsoandilpresenteevidence bearings upon he annex•tionaprovtheir
ided
by thin ordinance; and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Denton, Texas,
prior to its effective date, and after they public hearings; NOW,
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1;
That the hereinafter described tract of land be, and the
same is hereby annexed to the City of Denton, Texas, and the
same is made Gsroby a part sf said City and the land and the
present and future inhabitants thereof shall be entitled to all
the rights and privileges of other citizens of said City and
shall be bound by the acts and ordinances of said City now in
affect or which may hereafter be enacted and the property
situated therein shall be subject to and shell bear its prorate
part of the t*xas lovieo by the City. The tract oe land hereby
annexed is described as follows, to-w•'t:
All that cortaiu tract or parcel of land lying and being
the. edHuizer eSurvey,~ Abstract Denton No. 514 and xmoreb particularly[ ' State of described as E.Ilows:
BEGINNING at a point in the present city limits as described in
Ordinance No. 74-36, Tract S. said point lytn 300 feet north of
a
the nd perpendicular to the center line of U. . Hwy. 30 and in
brown by deed a eco doe in of & tract of land Volume i 929 Pag conveyed of to John hDeed
Records of Denton County, Texas;
THENCE north 0°49'16" west alongq the west boundary line of said
Brown tract, a ditto nea of 969.b0 feet :o a point for a corner,
sue being the northwest corner of said Drown tract;
TH6,14CE north 89°02'33" east alon the north boundary line of
said Brown tract, ■ distance of 290.55 feet to a point for a
A-151TRi-STEEL 8TR9%7I1RES, INC./PAGE ONE
1. r; - - c . „
corner, same beingg the northeast corner of s•.id Brown tract,
said point lying is the west line of a north and south county
road known as Masch Branch Road;
THENCE south 1°23'18" east along the east boundary line of said
Brown tract, same being the west line of said 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 it creek;
THENCE aoutherlyy along the center ]nine of said creek the
following five (S) calls: (1) south 12 54'08' east 95.07 feet;
(2) south 56'16135" west 78.4 feet; (3) south 87648'54" west
10t 69 feet{ (4) south 40 57002" west, 132.88 feet; (5) south
$167,1111 east 218.41 feet to a point for a coener in the said
present Pity limits;
THENCE north 89'21'56" west, along the said present city limits
a distance of 1587.90 feet to the place of beginning and
containing 42.35 acres of land, more or less.
SECTION II.
The above described property is hereby classified :s
Agricultural "A" Uistrict and shall so appear on the official
zoning map of the City of Denton, Texas, which map is hereby
amended accordingly.
SECTION Ill.
This ordinance shall brj effective immediately upon its
passage.
Introduced before the City Council on the day of
, 1985.
PASSED AND APPROVED by the City Council on the day of
1985.
UMM . a ,
CITY OF DENTON, TEXAS
ATTEST:
MMEOTTE ALLEN CITY 39CRETUT
CITY OV DENTON,jTEXAS
APPROVED AS TU LECAL FORH:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON$ TEXAS
BY:
A-1S/TRI-STEEL STRUCTURES, INC./PAGE TWO
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
hexing 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.
NOWj 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 tho following plan of service:
1. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police servi;es, using present personnel
and equipment, will be provided on the effective
date if 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. Plater
(1) Water for domestic, commercial and industrial use
will be provided it 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 Dentou, Texas.
D. Sewer
(1) Propertied 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 servi.e bow pro-
vided within the pity will be extended to 0e
annexed area within one month after the effective
date of annexation,
' ii hService 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 dates of annexation.
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and othor such major improvements,
is the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G, Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the a Min.tive date of annexation.
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
w.11 extend to the annexed area on the effective
date of tknaexation. Cit., planning will thereafter
encompass the annexed area.
1. Street Lighting
(1) Street lightinv will be installed in the substan-
ttally developed areas in acc.,rdance with the
established policies of the city.
J. Recreation
%1) Resld,:~nts of the annexed area nay use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The sane standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in tha enlarged city.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
i
serwi ao Man
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately o months after the effective
date of annexation.
IT. Capital I-iprovement Program (CIP)
The CIP of the City consists of a five yer.r plan that is L.:-
dated yearly. The Plan is prioritized by such policy guid
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.
r
11 11
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1
A-15
ANL4$XA'PICN SCdEDULE
C,,Oetouer 26, 1965 Suomit agenda itain
t"Uctouer 29; 19th Suomit agenda uacK-up
~Novemooc if Od6 City Council sets date, time and piasie
?or public neacing
ovemoor 6, 1945 Notice to oenton Recocu k;n►onicle
r/.Voveutoar d, 1965 vuolisn notice and mahout
,,,-Nuvemuec il,i9dD Suomit agenda item
ovamaar 1201,185 Suomit agenda oacK-up
Ruveinoer 19, iJdD City COUncll 110ids cirst puolie nearing
dove,noe': 2U, 19d5 Notice to Den;:on Aecord Cnconicle.
Novemoer 21, lld5 Puolisn notice and mailout
✓ Novemaer 15, 1985 Suomit agenda item
clovemoec 26, Oda Suomit agenda aa,.K-up
t/' Jeee,nbec 3, 1965 City Council nolas second public rearing
,i oecalnoec 91 1365 Suoinit agenda ite,n
oecejnoe, 1U, 1j65 Suomit agenda oacK-up
' Deceinuer Of 1946 City Council institutis annexation
proceedings
Dece,noec Id, 19d5 Ordinance to uenton Record Cnconicle
uecemuer iu, 1)d5 Puolisn ordinance
Januarys 13, 19do Submit agenda ir,e.a
January 14, 1945 SUOmit agenda oacK-up
' January 21, 19do Final action Dy City Council
• Denotes action oy the City Gnuncil
J9649
v a Minutes
N.tech 13, 1985
P~qe 9
City Council directed staff to b"in esss. He continued due to delays in obtaining napproper
le;fal description, changes in staff responsibilities,
CA questions concerning utilities sorvicei processing
of the annexation petition has bean slower than usual.
He added electric service is available from both the
City of Denton an-' TP&L. Water service must be planned
service area oandiextending ~Cityaof Denton oma[ns nis not la
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-
ment, Aoodcreek Subdivision and has withheld a recommend-
ation of approval pending comments and acceptance of the
Nrgyle Water Company for requested sale of water.
Mr. LaPorte made a motion to recommend approved of the
petition of the City of Denton for annexation of approx-
imately 136.58 acres beginning approximately 500 foot
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).
e. Recommend approval of the petition A the City of Denton
for annexation of approximately 65,12 acres beyinning
350 feet south of and perpendicular to the centerline
of U.S. highway 380 and east of Oessling Road (Capricorn
Mobile Home Prrk and surrorniin7 prrapert;er) ~-i3).
Mr. :ilison sated the Holigan Development Corporation
wishes to rxpar:j tni improve the existing Capricorn
Mobile H:)me Park. The existinq park is situated on
a7proximate1y 30 acres and an additional 63 plus accw:.
is proposed for mobile home land use it approximately
6 to 7 units pzr acre. Upgraded utility service to the
existing mobiir home park is s potential plus of the
proposal. He cionti vioM, a preliminary plat of the area
proposed for expansion has been submitted for review.
"hi City Council im+ued a directive to staff to initiate
the annexation process of the existing park and pr.^2ose:
area of expansion at its meeting of December 18, 1984.
He added the Planning and Loninq Conmiss ion, the P;h;i
Utilities Board and the City Council approved a req,e
for t-,e ex'onston of City utilities to the site. He
added, the city sill have to provide water. seer, ant
police protection.
sewer julJ be extended fr. ;.e. =;;aa a xosa~t
Capricorn. They are currently using septic systems.
Mr. Juren aide a motion to recommeni approval 2f the
petition of the City of Douton for annexation of ap-
proximately 65.12 acres beginning 350 foot south of and
perpendicular to the centerline of U.3. Highway 380 and
east of Cowling Road (Capricorn .Mobile Home Park and
surrounding properties) (A-13), Seconded by Mr. Sidor
and unanimously carried (6-0).
C. Recommend approval of the petition of the City of
Denton for annexation of approximately 42.35 acres of
land situated in the S. Huixar Survey, Abstract 514,
and beginning approximately 500 feet north of and
perpondicular to the centerline of US Highway 380
and west of Masch Branch Road (A-1S).
Mr. alliron stated this annexation represents the
ba1:tCa of the Tri-Stsel Structures, Inc., property
spinning at thip northeast corner of 380 west a+vi
NOUNNOWN
P { Z %Autes
March 13, lies
Pas* 10
March Srar;ch Road. Zoning and plat
approval alacreeain of fice site has been reviewed :ncted rDy ghee
Pi! and Eoning C 7mission and City Council. The
City Council directed staff to annex the entire Tri-
Steel Structures, Inc., property ;n ')Ctober, 1944,
Annexation of the balance of the par s1 was delayed
peing the submission of a proper legal descr,ptkon.
He added this is an invoiuntary annexation; nowaver,
the property owner has not objected to date.
Mr. Sidor made a mociin to recommend approval of the
petit'-on of roe City t ^enton for annexation of approx-
leateiy 42.35 acres of lane situated in the S. Huiaar
514, and n to thep centerline ot0
U.S. Highway 38~; and west of Masch ;ranch Road (A-IS).
L__JAconded by Mr. AForte and unanimously carried (o-O).
D. Recommend approval of the petition of Reddli h
Investments Corporation for annexation of approximately
13308 andebeginning d adin tne jacentG and Walker east ofrEdwardssRoadt
(A•18).
Hr. Ellison stated the petitioners have
request for voluntary annexatioi to the Planningdand
Community Development Department. Tuis site is adjac.n:
and east of Edwards Road an uwaproved dirt road ziiat
^llItt be upgraded. City will be responsible for mein
tanence and paving of dais dirt road unless development
occurs before annexation is final. Low intensity
Ocvelopoeiit Guide policies are appii~.aole to tills site.
He continued, the Allan Fo' (es Mouile dome Park site
(S.lo5) is located adjacent .14 west of Edwards Rudd.
Existing Andrt-w Corporation facilities and property is
also located in tills vicinity. Current land use
patterns along the Mayliill Road Corr W or range from low
and moderate density residential to tail City Wastewater
Treatment Plant and new landtill and llgnt industrial.
Mr. LaForte made a mr,tion to recommend approval of the
petition of Redditch Investments Corporation for an-
nexation of approximatl; oO.38 acres situated in the
G. watker Survey, Abstract 1330, and oeginning adjacent
and cast of Edwards Road (A-18). Seconded oy Mr. Escue
and unanimously carried (0-0). p
E d
Standard specifications for Public WorksiConstruction
ore sherd exas as t e specs scat ons or use in
connect on w t u*,ure public works, water atility, and
private development projects for the City of Denton,
Texas.
Mr. Clark explained the request for adoption and stared
Denton is a member of the North Texas Council of Govern-
ments. Rick Svenla, Assistant City Manager, helped put
the spec if Ica tlons tolether. Mr. Jim Riddlesperger is
a member or several VCOG Committees. He gave a list of
cities wno nave already adopted tne_ specifications. ai He
thatieverytiae there contractors ommentill
different regarding specifications. He stated the city
would like to Adopt a set of standards with few excep-
tli-ns or
added$ variations to
uassanverras a osionecontrolechspter in
tneir store aanagement section, and we would like to
Include that. He pointed out the sample ordinance for
Commi%>ton to view and would recommend tneir adoptinj
thet. ;%Andards.
DATta 12/17/8'
CITY. COUV0116 EXPORT PQEilIA4
TO: Mayor and Mambtrs of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: ADOPTION OF AN ORDINANCE INSTITUTING ANNEXATION PROCEEDINGS FOR A
TRACT OF LAND APPROXIMATELY 150 ACRES Iii SIZE LOCATED WkST OF
MAYHILL ROAD APPROXIMATELY 4,000 FEET NORTH OF I-35 (A-17)
RECOMMENDATION:
The Planning and Zoning Commission recomme:ded approval a% its
meeting of March 13, 1985.
SUMMARY:
This is one of six annexations being reprocereed due to an error in
publication procedures.
Haamett A Nash Engineers and Surveyors, Inc. submitted a request for
annexation and light industrial boning on a 50 acre portion of this
site. The change in zoning process will also be ropeated. Staff is
recommending annexing the additional 100 acres to incorporate all of
the area west of Mayhtll Road. digh intensity Development Guide
Policies are applicable.
No development has occurred to -fate. Final action ii scheduled for
January 21, 1986.
PROGRAMS, DEPARTMENTS OR OROUPS AFFECTED:
All departments responsible for services and programs guaranteed to
City residents (Police, Fire, Solid Waste, Li3rary, ate.) One
residence and an estimated 2 persons are located in the subject area.
FISCAL IMPACT:
Undetermined
R peat ly s mit
Prepared by: Rick Svehla
0AUI!! Acting City Manager
David E111son
Senior Planner
Ap ov
Jett Mel[
Director of Planning
and Awelopment
10558
VSO
NO.
AN ORDINANCE ANNEXING A TRACT OF 1A1ND CONTIGUOUS AND ADJACENT
TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT TRACT CA
PARCEL OF LAND CONSISTING OF APPROXIMATELY 150 ACRES OF LA►!D
LYI:'r. AND BEING SITUATED IN THE COUNTY OF DBNTON, STATE OF
TEXAS AND BEING PART OF THE b. HOUGH aURYEY, ABSTRACT NO. 646
DENTON COUNTY, TEXAS; CLASSIFYING THE bAME AS AGRICULTURAL "AA
DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DACE.
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Denton,
Tonass on the petitioi of Hammett & Nash, inc. and the City of
Denton, Texas; and
WHEREAS, an opportunity was A5jordad, at a public, hearing
hold for that purpose on the day of 001 VembF". 1985
in the Council Chambers for all iatereste pa td none to state
their views and present evidence bearing topon the annexation
provided by this ordinance; and
WHEREAS, an opportunity was afforded, at a publiqQ hearing
held for that purpose on the .3 . day of 1985
in the Council Chambers for a -Interests peril- ions to stat*
their views and prooont evidence bearing upon the annexation
provided by this ordinance; snd
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Denton,
Texas, prior to its effective date, and after the public
hearings; NOW,
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S_FCT10N I.
That the hereinafter described tract of land be, and the
same is hereby annexed to the City of Denton, Tex%s, ant the
same is made hereby a part of said Cit and the land and , is
present and future inhabitants thereof shall be entitled to all
the rights and privileges of other 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 prc,drty
situated therein shall be subject to and shall bear its pr rata
part o: the tcxea levied by the City. The tract of last
annexed is described as follows, to-wit:
All that certain tract or parcel of land l,Ln,; - d 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 cttY ltrlts as established by
Ordinance No. 81-94, said point lying in Mayhill Road at the
northeast co nor of the D. Hough Survey, Abstract No. 646, son-t
bein the southeast corner of thn J. Brandon Survey, Abstract
No. f515;
THENCE west along the north boundary line of said Hough Survey
aame being the south boundary line of said Brandon Survey,
ppassing the southwest corner of the said brandon Survey, same
being the southeast corner of J. W. Cheek Survey, Abstract No.
324, a distance of 2640 feat, more or lase, to the-uorthwost
A-17/HAMMETT & NASH$ INC./PAGE ONE
1 ~
i
corner of the said D. 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 desrribed '_n
'F ordlnance No. 84-17;
THENCE south alorg the said present city limits, same being the
west boundary line of said Hough Survey and the east boundary
line of the said White Survey to a point for a corner in the
southwest right-of-way line of the M.R. 6 T. Railroad;
f THENCE southeasterly, along said present city limits, same
being the southwest right-of-way line of the H.R. 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
lyingg in the present city limits as established by Ordinance
No. 78-38;
THENCE north 78°41'20" east along said present city limits,
crossing said railroad right-of-way, a distance of 100.0 feet
to a point for a corner;
THENCE north 54°3150" east along said present city limits, a
distance of 88 feet to a point for a corner;
THENCE north 31°4.' east along said present city limits, a
distance of 66 feet to a point for s corner;
THENCE north 10°51'09" east along said present city limits, a
distance of 46.68 feet to a point for a corner, same being a
corner in the ppresent city limits as described in Ordinance No.
78 38 and 83-16;
THENCE north 4°13'44" east along the present city limita as
described in Ordinance No. 83-16 same being the west boundary
line of the G. Walker Survey, Abstract No. 1330 and the east
boundary line of the D. Lombard Survey, Abstract No. 784 and in
Mayhill Road, a distance of 719.x.2 feat to d point for a corner;
THENCE north 2°23'30" east alon6 said present -ity limits, same
being the west boundary line of the O. Walter Survey, Abstract
No. 1330 and the east boundary line of the P. Lombard Survey,
Abstract No. 784 and the D. Hough Survey, Abatt:ct No. 646, and
in Mayhill Road, a distance of 1140.8 feet to a point for a
corner, same tieing the northwest corner of the tract described
in Ordinance No. 83-16;
Y THENCE north 2° east continuing along said lines and in said
road a distance of 1746 feet, more or less, to the place of
begin;Ing and containing 150 acres of land, more or less.
SECTION II_
The above described property is hereby classified as
Agricultural "A" District and shall so appear on the official
coning map of the City of Denton, Texas, which soap is hereby
amended accordingly.
SECTION 111.
Ti.ia ordinance shall be effective immedi►►aly upon its
passage.
A-174 MMETT 6 NAStt, INC./PACE TWO
Introduced before the City Council on the day of
, 1985.
PASSED AND APPROVED by the City Council on the day of
1985.
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLENO CITY SECRffM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNL.
CITY OF DENTON, TEXAS
BY:
A-171HAKAETT 6 NASH, INC./PAGE THREC
i
L N&J
wti. .,i. .fug :c" eye' " '7
PLAN OF SERVA FORAANN MED AREA, CITY OF DENTON. TEXAS
WHEREAS, Article 974a as amended requires that a plan of service
adopted by the governing body of a city prior to passage of an ordinance
sexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area wbich is bounded as shown on a map of the proposed annexation.
NOW1 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1. Pursuant to the previsions 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 tha need therefore is established by appropriatd
• 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 citj
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 ti:e
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.
y
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 otlier such major ibprbvements,
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.
H. Planning and Zoning
(1) Tse 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.
Street Lighting
(1) Street lighting will be installed is the substan-
tially developed areas in accordance with the
established policies of tht 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. Rlectric Distribution
(1) The city recommends the use of City of Denton for
electric power.
~I 1~ d 0
-717
$srV1G• P~Arti
AnnOv d Areas
Page three
0 L. Miscellaneous
(t) Street name signs where Leeded will be installed
within approximately 6 months after the effective
date of annexatioN.
II. Capital Improvement Program (CIP)
The CIP of the Cit;i 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, magnitue.e
of problems compared, to other areas, established
technical standards and proicasional studies, and
natural or technical restraints or opportunities.
(2) Impact on the balanced growth policy of the city.
I (3) Impact on overall city economics.
The annexed area will be donsidercd for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this now CIP planning year the
annexation area will be Judged Accordingly to the same
established criteria as all other areas of the city.
I
1 „s
I ~
r
r
.
1. y
M
"Is
d A-17
I ,
I
\ r
s _
` yJ P 4 I4. :M ..IY GAy 'LY, `41 i M1 I bO
A-1?
ANNEXATLON SC39UOLE
t~
✓ OctoQet 1d, 19d5 Sun-nit agenda item
✓ octooor 29, 19d5 Suomit agenaa oacK-up
✓!'November 5, 19d5 City ;;ouncil sets uate, time and place
for puolic nearing
V i'love+nndc 6, i965 Notice to Denton Record Cnronicle
L./ November d, 19d5 Puolisn notice and mallout
✓ Nuvelnoer 11,1935 Suomit agenda item
ti/ Novemoer 12jisj5 Suomit agenda Udcx-up
v * Novemuer 19, 19db City Council nolds first puolic nearing
✓ oovemoer 2U, 19d2 Notice to Denton Record Cnronicle
Nuveinoer 22, 19d5 Puoltsa notice and mailout
November 2i, 19da SuUlnit agenda item
• ✓ Novemoer 26, 19d5 5uoinit agenda odcs-up
Uecalnoer Jf i9d5 City Council nol,is second public nearing
Jecemoor 9, 1985 Suomit agenda iteo
✓Dece,ncdr lU, 14di Suo,ait agenda oacK-up
* oece,wer 17, 1966 City Council institutes annexation
peoceeoings
Jecemobr ld, i9d5 ordinance to Denton At~cord Cnronicle
Jecemoer 2U, 19d5 Puoiisa ordiaance
January iJ, 19d5 Suomit ayenda ite:.li
January 14, 1985 Suoufit agenda back-up
* Jdn'wry 21, Odd Bind) action oy City Council
Janotes action oy the City Council
U964g
r ` Ar+ ^ J T "'i"E""~'•" ' :i i. ,fir
Minutes
Planning and Zoning Commission
March i3, 1985
The regular meeting of the Planning an$ "onin CoW torsi off
the City of Denton, Texas was held on e~nesd~y M 'tCn i9S5,
at 5:00 p.m., in the Council Chamber of the municipal Rui{ding.
Prossat: Bill Claiborne, R.B. Escue, Jr., Cary Jvren,
Robert Worts, Tom Pearson and Andy SSdor
Absent: Ruby Cole
Present from Staff: David Ellison, Senior "lanner; Denise Spivey,
Urban Planner; CaciLs Carson Urban Planner; Tina Hill,
"ntern; Joe Morris, Actinj; Ch. y Att^~aey; Jerry Clark,
Clcy Engineer; Koorosh Olyai, raispottation Engineer;
Ray Rumfield, Civil Enginaer; and Debbie Boydeton,
secretary
1. A;+preval of minutes of the regular meeting of
February 27, 1985.
Mr. LaFortr made a motion to epprove the minutes of the
re ular setting of February 21, 1985. Seconded by Mr. Sidor
snlnotion carried unanimously (5.0),
Mr. %scua arrived at the meeting.
II. 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 r.pproximately 250 feet south of and perpen-
dicular cc the centerline of FM 426 and approximately
2,000 feet ,4st of Maynill Road (A-14).
Mr. Ellison stated this is the petition of
R.O. McDonnell for annexation of approximately 34.6
acres of land situated 250 feet south of and perpen-
dicular to the centerline of FM 426 and cpproximately
2,000 feet east of Mayhill Road. He statai the request
is voluntary. This is the site of the req►fest for two
family i to general retail Land use with retail/vars-
housing permitted. He added, a portion of the overall
mite is currently locaced within the city limits. Staff
recommends approval of this request.
Mr. Sidor mane a motion to recommend approval of the
petition of R.O. McDonnell for annexation of approxi-
m-ctely 34.6 acres of land situated in the M. Forrest
Survey, Abstract 4170 and be inning approximately 250
feet south of and perpendicular to the centerline of
FM 426 and approximately 2,000 fast east of Maghill Road
(A-14). Seconded by Mr. LaPorte and unanimously carried
(6-0).
B.r Recommend approval of the petition of Hammecc Is Nean,
Inc, and the City of Denton for annexation of appproxi-
mately 150 acres of land located *:4t of M.~ynill Road,
approximately 4,000 feet north of 1.35, and adjacent and
north of tha MKLT railroad (A-M.
Mr. Ellison stated this requajc is for approximately 150
soma of land located vast of Mayhill Road apprroximately
4,000 feat north of 1.35 and adjacent and north of the
' MK16T Railroad. He stated Haamott and Nash, Inc-, have
submitted a voluntary request for annexation and light
industrial zoning ca a 50 acre portion of this site.
p h Z Minutes r
March 13, 1985
page 2
® Staff is recommending annex;tog the additional 100 acres
to i.3corporate all of the area Lost of Mayhill Road.
He added 'nigh intecaity Development Guide policies jre
applicable to this area.
No. Mason Haggard, an area property owner, asked if it
would be required for the developer to build a fence.
Chairman Claiborne anowered that wil). be discussed on
the toning cast wnich will also be heard at this meeting.
li
Hr. Ellison added C a y Council will consider all of the
annexation requests on Margin 19, 1985.
Mr. Escue made a action r recommend approval of the
petition of Hammett 6 Nash, Inc. and the City of Denton
for annexation Lf approximately {90 acres of land
1u•ated west of ilayhtll Road, approximately 4,000 feet
north of I-35, and adjacent and north of the MKLT Rail-
road (A-17). Seconded by Mr. Sidor and carried unan-
C mealy (6-0).
III. Consent Aganda
Each of these items is recommended by the staff and approval
thereof will be strictly on the basis of the staff ret:;e-
mendation. Approval of t;u consent agenda authorizes .:ne
Director of Planning and Community Development or his desig-
nee to proceed with each item in accordance with the staff
recommendation.
. A. Recommend approval of preiiminary plat of the
Crenkside Addition.
S. Recommend approval of preliminary plat of the
Kelsoe•Pitner Addition.
Mr. Latorte wade a motion to eppro ve the Consent
Agenda. Seconded by Mr. Sidor and unanimously
carried (6-0).
IV. Public Hearings
A. Z-1725. This is the petition of R. 0. McDonnell
requesting a change in zoning from the agricultural (A)
classification to the planned development (PD) district
on a 39.4 acre tract located ca the south side of FM 426
(East McKinney Street) approximately 2,000 feet east of
Mayhill Road. If approved, the planned development will
permit the following land uses.
5.9 acres - general retail
33.5 acres - duplex
Ms. Spivey stated chore were five reply forms mailed
to property owners and none ware returned.
Mr. Brian BurKe stated as discussa~i at the previous
meeting, he is representing the petitioner and has
done the preliminary engineering .Including a praliminary
p at. ~He stated they would like to nave frontage elan
g
eKinh y Street. ila stated they are rsquestin gensra
retail office. He continued tho warehouses vill nave
office fronts with storage in the back. He stated
Hr. McDonnell, ppetitioher, would also like to have a
cabinet shop, +..tolessle to builders with rear delivery
and shipment.
All- I
hDA41Cs 12/17/$5
CiT COMICiL HURT o
TOI Mayor and Members of the City Couaoil
FR(Mt: Rick 8vehia, Acting City !tanager
SUBJECT: ADOPTION OF AN ORDINANCE INSTITUTING AnSKATIOb PROCEEDINGS FOR A
TRACT OF LAND APPROXIMATELY 60.38 ACRES IN SIZ9 SITUATED IN THE 0.
VkLKHR SURVEY, ABSTELICT 1330, AND BEGINNING ADJACENT AND EAST OF
xJWARDS ROAD (A-18)
UOUNDATION:
The Plenn'.nq and Zoning Cumn}.esion recowand.ed annexation and zoning
at its meeting of March 13, 1985.
82MY:
This is one of six annexations being repro^esRed due to an error in
publication procedures.
The petitioners submitted a request for annexation and zc,ning; both
were approved. Bdwr.rds Read is an unimproved dirt road that must be
upgraded at developer's expense when development occurs. Low
intensity Development Guide poi?ales are applicable to this site.
Final action is scheduled for January 21, 1986.
BACKGROUND:
This site abuts property approved for mobile home perk use
(originally called Allan Estates). Existing Andrew Corporation
facilities and property is located south of the tract. Develo2ment
Guide policies for low intensity areas are applicable. Current land
use patterns along the ltayhill Roai corridor range from low and
moderate density residential to thi City Wastewater Treatment Plent
and new Landfill and light industrial.
PRQGRA&js_ DBPARTFS9M- C j GROUPS AFFECTED:
No existing housing or population will be affected by this proposed
annexation.
FISCAL IMPACT:
Undetermined
Re eotf ly sub fitted:
1
Prepared by: is hl
04 j- Acting City Manager
David 1111son
Senior Planner
App'ro d:
l
Jeff Keys r
Director of Planning
and Development 10568
`r 'lOliL t,,
r`
NO.
AN ORDINANCF ANNEXING A TetACT OF LAND CONTIGUOUS AND ADJACENT TO
T
HE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF
LD CONSISTIN OF "PROXIM 60- ACRES OF LAND LYING AND
BB
EING S TUATEDGIN THE COUN YTOFYDENTONg STATE OF TEXAS AND BEING
PART
TEXAS CLASSIFYING THE SANE ASS A RICULTURANL "A'33 DISTRICT PROPERTY;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the request for annexation was introluced at a
regular meet-ng of the City Council of the City of Denton, Texas,
on the petition of Redditch Investments, Corp.; and
WHEREAS, an opportunity we afforded at a public hearingg held
for that purpose on the ZL fay of : ,•.=,y IN , 1985 in the
Council Chambers for allntererted persons to e a e their views
and present evidenc: bearing upon the annexation provided by this
ordinance; and
WHEREAS, an opportunity via affordvj, at a pblic hearing held
for that purpose on the day of), <<•,r Yr r 1985 in the
Council Chambers for all'inFarested piruana o state their views
and present evidence bearing upon the anne:ation provided by this
ordinanco; and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the Citq of Denton, Texas
prior to its effective dote, and after the public hearings; NOW,
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
That the hereinafter described tract of land be, and the same
is hereby annexed to the ,City of Denton, Texas, and the sane 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
p
the acts and rivileges of other citizens of said City and shall be bound by
hereafter be enactedando the said
prCity operty n situated (thereinwshallmbe
subject to and shall bear its prorits part of the taxes levied by
the City. The tract of i,nd 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 Taxes and being part of the G.
Walker Survey, Abtract No. 1330 and more particularly described as
foIIovst
W
the INNING at a point in the present city limits, said point being
Ordinance northeast
No. 83-16 corner
sane beinge the tract
northwest ecorner in a tract iof
land described in 6 iume 297, Page $84 of the deed records of
Denton County, Texasp
THENCE south 86°53' east along the north boundary line of said
tract, a distance of 1411.5 feet to a point for a corner, same
being the northo t corner said tract;
THENCE south 2°14' west along the east boundary line of said
tract, a distance of 1867.0 feet to A point for a corner in an
A-18/REDOITCH INVESTMENTS, CORP./PACE ONE
east and west portion of a county road knoxn as Edwards Road sus,
being the southeu t corner of said tract; '
THENCE north 86008' west along the south boundary line of said
tract end in said road, a distance of 1331,3
t feet to a point for a
corner, saws, being the southwest corner of Bald tract;
THENCE norta 10'22' west along the mist boundary line of said
tract and in ssid road, a distance of $05.3 [eft to a point for a
corner;
THENCE north 3'21' east continuing along the west boundary line of
said tract and in said road, passing at 203.4 feet the southeast
andcornecontLnuir of tslongdsaidiblines andxcity itsncforoa 8tota{
distance of 1757.8 feet. to the place of begiiLnning and containing
60.38 acres of land, more or lass.
SECTIO_`. pp pp g
turalh"A"b District rAnddahallesoyappear ronytheaofficial azoningecap
of the City of Denton, Texas, which amp is hereby amended
accordingly.
SECTION III.
This ordinance shall be effe:ttve immediately upon its pasrage.
Introduced before the ;tty Council on the day of
1985.
PASSED AND APPROVED by the City Council on the
day of
1983.
CITY OFDENTON, TEXAf
ATTEST;
CHARLOTTE ALLEN Wn-nurm
CITY OF DENTON,#TEXAS
APPROVED AS TO LrIAL FORM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY Of DENTON$ TEXAS
bY;
A•18/XZDDITCH INVESTNEN78, CORY./PACE 790
4.'
=~I i!I " t ' - f _ •p' -:.r " .z . A M "
PLAN OF RgRV'I""o FOR ANNUED AREA, CITY OF DENTON. TEXAS
WHEREAS, Article 0701 as amended requires that a plan of service
'9 adopted by the governing body of a city prior to passage of an ordinance
Ofte! ng 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 CrUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1. Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service:
1. Basic Service Plan
A. Police
(1) Patrolling, radio recjQQ"ses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffil: signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established ry appropriate
study and traft;.c 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 domesti^., 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 aigendix A of the code of the
City of Denton, Texaa.
D. Sewer
(1;o 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-
viddd within the city will b9 extended to the
annexed area within one month after the effective
date of annexation.
-TM . r.i a • e" +t .'y ,
Set'vico Plan
Annexed,Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair o" hazardous
chuckholes, measures necessary for traffic flow, eto,)
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 :late 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 establishei
policies of the city.
G. Inspection Servicea
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) -rill 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 e.nnexed 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) Rbsidents of the annexed area may use all existing
recreational facilities, parks, etc., on the affec-
tive date of annexation. The same su ndards aLd
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
service Plan
Ann Xed Areas
Page three
L. Miscellaneous
(1) Street name signs where needed will ba 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 ;car 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 sreas, 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'
tho 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
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ANNEXAtLON 5c:d OUrjd
~ctuoer 2d, t9d5 Suomit agenda item
4~- Octouar '29, 1965 Suomit agenda oack-up
i
j,idovemoer 5, 19d5 City council sa[o date, time and place
for puolic hearing
Novemoar 6, 19d5 Notice to Denton Record Cnronicie
Novemoer d, 19d5 PuOlish .entice and mailout
Novemoer ll,l9d5 Suomit agenda item
Novemoer 12,1985 Sua mit ayenda odcx-lap
` * NOVemoer 191 19da City Council holds first public hearing
i ,i Novemuer 20, 1985 Notice to Denton Record Chronicle
L/Nuvemoer 22, 1995 Puoiisn notice and mailout
V'<Novemoer 25, 19d'S Suomit agenda itain
✓Nuvemoer 26, 1985 Suomit agenda oacx-up
C- 03eamuer it 19d5 City Council nolc9 second public nearing
L,.,, aucemner 9f 1463 Suomit agenda itam
V'*"Oecemoer L0, 1963 Suomit agenda uacx-up
* Deaemoer 17, 19da City Council institutes annexation
proceedings
Oecemoer Id, 1985 Ordinance Lo Dencun Record Cnronicle
Decemoor 2u, 1985 Puoliah ordinance
January 13, L9d5 Suomit agenda it.eici
January 14, 1935 Suomit agenda oacx-up
I
* Janudry 21, 19d6 Final action uy City Council ~
* Oenotes action oy the City Cuuncil
0964q
e
i f iC ; C ~
`F 8 t litaGtes
March 130 198h
Dane 10
March Branch Road. Zing and plat approval for s five
acre office site has teen reviewed and accepted by the
Planning and Zoning Commission and City Council, The
City Council dirocted staff to annex the entire Tri-
Steel Structures, Inc,, property in October, 1984,
pendingtltheoiubmisotonnof a f the properalagal wdescription.
No added this is an involuntary Annexation; hoverer,
the property owner has not objected to date.
Mr, Aidor made a motion to recommend approval of the
petition of the City of Denton for annexation of apprGx-
imately 42.35 acres of l+nd situated in the S. !iuirar
Survey, Abstract =14, and be inning approximately $00
feet north of one perpendicular to the centerilre or
U.S. Highway 380 and west of March Branch Road (A-1S).
Seconded by Mr. LaPorte and unatilaously carried (6.0).
D. recommend aporoval of the petition of Redditch
Investments tirporatinn for ar.naxition of approximately
60.38 acres situated it) the G. W."Uar Survey, Abstract
1330, and beginning adjacent and east of Edwards Road
(A-18).
request for voluntaryeannexationrto have Planning and
Colmunity Development Oepartmen,. tnis site is adjacent
end east of Edwards Road an unia-r,roved dirt road that
must be upgraded, City will be responsible LOor main-
® tanenc,e and paving of this dirt road unless development
occurs before annexation i,+ final. Ow intensity
Development Guide policies are applicable to rnis site.
He continued, the Allan Estbtes moo ile Home Park site
(S•1b5) is located adjacent and wart of Edwards Road.
Existing Andrew Corporation facilities and property is
also located in bias vicinity. Current land use
patterns alon the Mayhill Road corridor range from low
and moderate eensity residential to the s,ity Wastewater
Treatment Plaht and new landfill and light industrial.
Mr. LaPorte made a motion to recommend appproval of the
petition of Redditch Investments Corporaclon for an-
nexat:on of approximatly o9.38 acres situated In the
andweastrofuEdwardsbRoadc(A118). &nd Seconded bygMr. Escue
L..a~u,tanlmously carried (6.0).
D. Racoamerd approval of a resolution adopting the
$tandaro S. ~ec-ifications for Public works Construction
Rort entrral1'exas as EMI spec cat ons or use in
~R~.37i'VI!]i Fu't'ure pu~lic works, water utility, and
private development projects for the City of Denton,
exas.
Mr. Clark expltined tae request for adoption sad stated
Denton is a somber of the North Yexas Council of Govern-
ments. Rick Srehia, Assistant City Manager, helped put
togetner. M. 4m Comatttoos. RHedjiree a glist sof
cities who nave already adopted tae specificaplons, He
continued, there are a lot of contractors comaenttn
that ararytime they come to Denton, they find somethiing
different regarding speel6cations. He stated the city
would like, o adopt a set of standards with few excep-
tions or variations to serve as a losid eate tuide,
He tdded, the NTCGG uss or errosion control chapter in
their store eanageeont section, ano we would like to
include that. He pointed out the sample ordinance for
Comellstoi, tj view and would recoerent; tneir atoptin
these sia ndards-
\
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DATRt 12/17/95
gITY COUNCIL R_aPORT FOPMAT
t0: Kayor and Kembere of the City Council
FROM: Ric Svehla, Acting City Kanager
BUBJBCT: ADOPTION OF THB ORDINANCB VOR ZONING CAM Z-1756
t
The City Council voted to approve Z-1756 at its Meting of November
5, 1985,
~lQ~Yt
This is a request for the establishment of planned development
toning on a 27.29 sore treat located at the southeast corner of F,K,
1830 and Hobson LAne.
MgKGROUND:
This mixed use development which complioe with Development Guide
intensity and concentration policies was approved with conditions to
protect aoigh oring property owners.
PROGRAlt3. DSPARTM914TB OR GROUPS AFFK9-92:
Not applicable
L'IGCAL IMPACT:
There is not impact on the genhral fund.
Res eotf su itt
Rick Svehla
Prepared byt Aotirg City Manager
Denise Spiv*Y;,
Urban Planner
App v ,
Jett 2Reyet
Director o1' Planning
and Development
1~175gM '
Mlrsl ~
P'I1284L
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF TPX CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON TEXAS BY ORDINANCE NO. 69.1
AS AMENDED, AND AS SAID MAP APPLIES TO 27.2874 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNE.~i OF F.M. 1830 AND 1105SON LANE, AS
MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHAN;E IN
ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFI-
CATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A
MAXIMUM AMOUNT OF 1,000.00 FOR VIOLATIONS THEREOF; ACED PROVIDING
FOR AN EFYECTIVE DAR.
THE COUNCIL OF THE CITY uF DENTON, TEXAS, HERZBY ORDAINS:
SECTION I.
That the zoning classification and use designation of th9
following described property, to-wit:
All that certain tract of land situated in the T. Martin Survey,
Abstract Number 900 in the Citj of Denton, Denton County, Texas,
and being part of the called 40 acre tract described in the deed
from Allen Madewell, et ux, to J. W. Bovell, recorded in Volume
185 Page 127 of the Deed Records of Denton County, Texas; the
subject tract. being more particularly described as follows:
BEGINNING for the southeast corner of the tract being
described herein, at the northeast corner of the tract
described in the deed from C. J. Bovell to A. H. Word,
recorded in Volume 447, Page 311 of tre said Deed
Records and being in the east line of the said 40 acre
tract, 400 foot north from the southeast corner thereof;
THENCE west with the north line of the said Word Tract
a distance of 1292 feet to the northwest corner thereof
in the east right-of-way line of F.H. 1830;
THENCE north with the said east right-of-way a distance
of 920 feet to a point for a corner in Hobson Road;
THENCE east with Hobson Road a distance of 1292 feet to
a point in the east line of the said 40 acne tract;
THENCE south with the east line o1 the 40 acre tract a
distance of 920 feet to the place of beginning and
enclosing 27.2874 acres of lend;
1 is hereby changed from Agricultural "A" District Classification
If and Use designation to Planned Development "PD" District Claa.si-
fication and Use designation under the comprehensive zoning
ordinance of the City of Denton, Texas.
SECTION I1.
That prior to the issuance of any certificate of occupancy
for the use of any building within the district, the following
conditions shall be mot:
1. That the areas deeignatnd for "duplex" use, As shown on
the attached sit. rlv%4 shall be dwal,,ped and used in accordance
with the coning regulaLtous applicable to two family dvollin6
Zoning districts.
4
W .M ~rh r-y '7 i 4T,
2, That the area designated for "triplex" use, as shown on
the attached site plan, shall be developped in accordance with
the toning regulations spplicabis to 8r-7 toning districto,
except that the minimum lot sites shall be 90000 square feet.
3. That the area designated for "gordanhome" use, as shown
on the attached site plan, shall be developed and used in
accordance with the toning regulations applicable to Sr-7 toning
districts, except that each main building for each lot may be
located so as to extend into one side yard setback for each lot,
so long as such side yard setbacks being used for adjoining lots
are not abutting,
I
4. That the area designated for "to►n,house" use, as shown on
the attached site plan, shalt be develo od in accordance with
pp
the toning regulations applicable to Sr-7 toning districts,
except that the minimum lot site shall be 2,700 squard feet and
the main buildings thereon shall be attached.
5. That the area designated for the "multi- family" use, as
shown on thi attached site plan, shall be developed and used in
accordance with the toning regulations applicable to MY-1 zoning
districts.
6. That the development and use of the district shall be in
substantial compliance with the site plan attached hereto, or
any site plan hereafter approved for all or part of said
district, and any conditions herein contained.
7. That no detached signs shall be permitted in the district.
B, That landscaping plans must be submitted fur the area
designated as "general retail" and "multi-family" on the
attached site plan prior to any development of that aroa.
9. That sidewalks meeting City spocificatione shall be
constructed on one ride of each street adjacent to or within the
development.
SECTION III,
A. They t6,) City Council approves the comprehensive site
plan for . -case designated for "duplex," "multi-fsmily,"
'triple `L jhouse," and "8ardenhome" use, as shown on 0..,
attached .'.ta plan, in accordance with the conditions of this
ordinance.
B. That ptior to any development or construction within the
area designated on the attached site plan for general retail
(CR) use, a comprehensive site plan for tuch area shall be
submitted for approval in accord..ice w:th the procedures
required for approval of p!.anned development districts.
C. That the approval of the district showing a general retail
area on the attached site plan shall not be doomed approval of
such designated area for any particular land use but shall be
construed only to mean that uses allowed in general retail toning
districts on the date such comprohensive site plan is submitted,
may be considered as possible appropriate uses of such designated
area at the tits, such plan is submitted therefore, the ■ppt•)val
thereof to be detersined upon consideration of such factors which
may include, but not be limited to the followingi the time
*I mod from the effective date of this ordinance to the date
ruei.comprehensive site plan is, submitted for much areal the
number of proposed buildingi, dwbllieg unity or proposed used
M .4~It~ T1 ~.'W f.1,1 P 1.1 IA t r:' 1"1 jfl ~ I V4
.
the arrangement and design of the buildings, streets, parking
areas, utilities and other development features, and the
proposed regulations to be applied to such area.
SECTION IV.
The Zoning Map of the City of Denton, Taxes, adoptad the
14th day of January, 19696 as an Appendix to the Code of
Ordinances of the City of Denton, Texas under. Ordinance No.
69-10 an amended, be, and the same is hereby amended to show
such chargo in District Classification and Use subject to the
abovo conditions and sp9cifications.
SECTION V.
That the City Council of the City of Denton, Texas, hereby
finds that slich change is in accordance with a compre:,trsive
plan for the purpose of promoting the general welfare of the
City of Denton Texas, and with reasonable consideration among
other things for the character of the district and ?or its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildin,s, protecting human lives,
and encouraging the most appropriate ures of land for the
maximum benefit to the pity of Denton, Texas, and its citizens.
SECTION VI.
Any person who shall violate a provision of this ordinance,
or fails t^ comply therewith or with any of the requirements
thereof, or of a permit or certificate issued thereuncer, shall
be guilty of a misdemeanor punishable by a fine not exceeding
one Thousand Dollars (=1,000.00). Each such parson chall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued$ and upon conviction of any such
violations such person shall be punished within the limits above.
SLCTtON VII.
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-Chrnnicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage.
PASSED AND APPROVED this the day of 19-.
CITY OF :rNTON, TEXAS
ATTESTI
'YCRET RY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BYt
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Minute 9
Planning and toning Commission
October 90 1985
The regular meeting of the Planning and toning Commisslon of the
City of Denton, Taxes was held on Wednesday, October 9, 1985, at
5:00 p.m., in .he Council Chamber of the Municipal Building,
Present: Keith Appleton, Eultne Brock, Bill Claiborne, Ruby Cole,
R. B. Esu.(e, Jr, and Gary Juren
Absent: Tom Pearson
Present from Staff: David Ellison, Senior Planner; Cecile Carson,
Urban Planner, Joe Morris, Assistant City Attorney;
Jerry Clark, & ty Engineer,, Ray Rumfleld, Civil Engineer;
Patricia Ryan, Planning Intern; and Susan Mitcholl,
Secretary
Chairman Bill Cla:borne called the meeting to order.
1. MINUTES: It was moved by Mr Escue, seconded by Ms, Cole
31izs'unanimously carried 16.03 to approve the mtnutes of tie
regular meeting of August 14, 1985.
It. CONSENT AGENDA: It was moved b; Ms, Cale seconded by
• .d,-and unanimously carrU d (6•d) to approve the
consent agenda as follows,
A. Recommend approval of preliminary replat of the Golden
Triangle Industrial Park Addition, Phase V, Lot 2, Block 1.
B, Recommend approval of preliminary pplat of the Golden
Triangle Mini-WRrehouse Addition, Lots 1 and 2, Block A.
C. Approval of preliminary and final plats of the Mulberry
Addition, Lot Block 1.
D. Recommend approval of preliminary plat of the Pepper Tree
Ridge Addition, Blocks 1-4.
Ill. PUBLIC HEARINGS
A. 2.1756, Petition of Burke Fngineertn requesting a change
in oring from the agricultural (A) classification to the
planned development (PD) district on a 27.29 acre tract st
the southeast corner of FM 1830 and Hobson Lane. If ap-
proved, the planned development will permit the following
land uses:
General Retail - 2.15 acres
Multi-Family-1 - 110 units on t.5 acres
with a density of 21.1 units per acre
Duplex - 60 units on 6.6 acres
;-.-ith a density of 9 units per acre
Tri-plex - 18 units on 1.P acres
with a density of 6.3 units per acre
Townhouse • 28 units on 1.76 acres
with a density of 10.1 units per acre
Gardenhomes - 13 units on 3,7 acres
with a density of 4 units per acre
Rer.reation, Open Space and Drainage Areas 1.35 acres
Seventeen notices were mailed to property owners within
200 feet; one reply fore was recolved in favor, four reply
forms were received in opposition, and fdrty-oight repl
forms were received in opposition from persons not on the
mailing list.
Mr. Juren asked about the difference between gardenhomes
and towWiomes. Ms. Carson said that gardenhomes are de-
tached kith a density of four P:nits per acre and the town-
homer are attached with a density of ten units per acre,
P 6 z Minutes
October 9 198S
,
Page 2
PETITIONERt Tom Jester, attorney, stated that this
planned vetopment had been approved by Plannin and
Zoning Commission and went on to the City Council. He
added that a question was raised about the noticas and if
they were properly mailed. He sold that it was suggested
by City Council to send it back to Planning and Zoning
Commission.
Brian Burke stated this proposal was exactly the same
proposal as it was before when it was approved by the
Planning and Zoning Commission.
Ms. Brock asked if there were any provisions for side-
walks, common park area, and recreation, Mr. Burke said
that typically sidewalks on at least one side of the street
were required by regulations. He added that there would
be playground equipment in the general area provided for
community use.
Ms. Cole asked if they had met with the homeowners. She
added that she noticed their concern was with thv retail,
Mr. Burke replied yes. He added that he used the some
mailing list as the city and encouraged the people to
come in and talk with them. He said that the people were
agslnsc the general retail and multi-family. He said that
he did not talk to forty-eight people, but to four or five
face-to-face and six to eight on. the phone,
Mr. Claiborne asked Mr. Burke to review the technical
improvements such as the drainage, street improvements,
etc. Mr. Burke said that all streets are standard and in
accordance with the subdivision regulations. Hn said that
the fire department Is satisfied with the access through
the project. He sild that they will have to make large
offsite extensions on the sanitary sewer. Ha added that
all other services have been addressed and are available.
Mr. Juren asked for an estimate of actual structural and
parking on the 2.2S acres for general retail. Mr. Burke
said cite floor area ratio was 40 percent. He said approxi-
mately 40,000 square feet was structural and the remainder
was parking, sidewalks, and non-structural uses,
Ms. Brock esked if they had thought about preserving
the oak trees that are now in the general retail area,
Mr. Burke said that it was not on this plan but it was
in the back of their minds for the future plan.
IN FAVOR! None present.
OPPOSED: Howard Matt, attorney, stated that he was repre-
senting six landowners west of FM 1930 and that they are
within the 200 feet requirement. lie said that he had two
major poir•ts that needed to be discussed. He said that
two montlls ago on June 12 an almost identical plan was
rejected by the ?tanning and Zoning Commission by a 4.3
vote, He said the difference is that from the first pro.
posal to the second proposal there was a char 0 of 169
units to 241 units, He said if they were talking abcut
density per acre, then it was not a significant difference.
He sAld since no one was there in opposition at last Plan-
nina and Zoning Commissior. meeting, the Planning and Zen-
1ng Commmission felt that either the questions had been
addressed or that the oppos!tio,; no longer existed, He
added that obviously there is opposition. He sold that
the second point he wanted to make wis according to the
Denton " velopment Outdo the Hobson-Teisley area is not
to bive either a major or moderate activity center, but
only low Intensity (predominately single family, very
P Z Minutes
6 October 85
9, 19
Page 3
limited neighborhood service small isolated apartments,
townhouses, etc.) He added ;hJt there are potential
problems in developing this areA and are as follows:
1. Very unusual interst,.tton at Ft. Worth Drive and
Hobson Lane. He said that it would croste a traffic
nightmare that can only get worse if apartments are
added in this area.
2. Major change in Hobson Lane all the way to PM 1830
to where FM 1830 ends. He asked if city was prepared
and willing to spend the money to widen Hobson Lane.
3. Increased need for police and fire departments.
4. No need to cut down the pretty trees and add more
concrete.
He said that he would like to see the retail cut out and
to keep the den:.lty to 4.S or S units per acre, lie added
that the five years of hard work on the Denton Devalopment
Guide should net be Ignored and that there is n:, justifica-
tion for this Nind of change.
Millard Heath, 3030 Country Club Road, stated that he
lives directly across the street from what would be the
appartments on this proposed developp went. He said that at
t},e first hearing he asked why couldntt the apartments be
turned around to Hobson Lane and he added that it was not
considered. He said that there was not an adequate buffer
tone for the apartments. He said that there was no nerd
for additional retail toning because Highway 377 offers
several miles of retail frontage. He added that if this
toning is Allowed, requests for retail will be made u and
down Hobson Lane and FM 1830. lie said that the neighbor-
hood has been established for years and they did not vant
additional devel,pment that was not consistent and compat-
ible. He added that his main concern was that toning
should protect the surrounding landowners.
Mr. Claiborne asked if he was aware of the second hearing.
Mr. Heath said yes, but that he was out of town at the
time.
Mr. Juren asked if he was in agreement with the 0wnhomes,
gardenhomes, duplexes and trifloxes. Mr. Heath said that
e would accept anything that s consistent wlta excepption
of the apartments and general retail. He added that he
believes that this area is ideal and that he sees no reason
to change it.
George Olufsen, 1901 Santa Monica, stated that his gain
concern was accessibility.
Barbara Byrd 17 Rolling Hill Circle, stated that her main
concern was future trafFic conditions on Hobson Lane and
FM 1830 if this proposal is approved.
STAFF REPORT: Ms. Carson said that this proposal has been
brbught`to'Planning and toning Commission on two separate
occasions prior to the present time. She said (in June 12,
a proposal was brought to Planning and Zoning Commission
by Burke Enginbering which was denied by Planning and ton-
!ng Commission at the time because of feeling the pro arty
was too dense, This same proposal was presenad to t e
Planning and Zoning Commission on August 140 1985. At
that time there was a reduction of 25 percent in the most
intense uses, 18 percent In the moderate intety uses,
and the duplex area had been increased. She Wed that
Planntnf and toning domaisslon approved the 'revised plsn
by a vo a of 5.0. This proposal is bock by direction of
the,Cky Council because of problems with the mailing fist
and possibility that tax records for the city of Denton
mmm~r~raa~
in 4 l h 1. 1 D f d /
t minutes
October 9, 1985
Page 4
might be inaccurate. Area Is S6 percent under Intensity
standard at the present time Bath 560 acres of vacant
property. A proval of .his proposal would require the
remaining S6~ acres to be developed at SP-7 or larger to
stay under intensity standard. She referred to G6Y!Iop-
ment Guide policies statingg that: 1) Concentration and
4eparstion policy for aulti-family is not violated because
it does not exceed 200 un;ta1 2) Concentration and seps-
rtion policy for retail, commercial, and office is not
violated because it does not exceed 4 acres; 3) Access
to collector streets or larger is not violated because
the property is located at the corner of Hobson Lane and
FM 1830; these streets may require slgnslitation or re-
alignment in the future; 4) Diversified housing policy is
not violated because there ir, diversity of housing within
the development; S) Protection of existing housing and
neighborhood preservation is violated because of the multi-
family being directly across from the duplexes; 6) Access
to open space and parks is not violated because 3.33 acres
is provided; 7) Buffering of existing land uses and toning
is violated because it does not protect existing residen-
tial aroas. She stated that the neighborhood input policy
has been met because they have met and talked with a number
of people in the neighborhood. She said that based on
intensity standards and acceptable items staff is recom-
mending approval with conditions. She aided that any con-
ditions such as sidewalks on all streets In development,
lar.lscaping plan, end a site plan showing existing trees
would have to be approved prior to building permits being
issued.
Mr. Juren asked what was the maximum height of structures
in MF-1, Ms. Carson replied three stories. Mr. Juren
asked if the access to collector streets Is adequate, then
why do the people in this area experience difficult;?
Ms. Carson said basically there are problems because of
existing development in the area. She said the property
in question is at the west end of 11hson Lane and it has
little or no development. She said the only development
is the duplexes and fourplexes that are located on FM
1830. She said that the traffic flown generally from
F'otrestridge and Mortecito towards Teasley to i-3S or from
Teasley to Lillian M O ler to 1-3S, with a small amount to
377. She added because of those factors the Development
Review Committee felt there was not a major impact on
these streets because of this development. Mr. Juren
asked for a clarification on the votes of the last tvo
occasions that the development was up before Planning and
Zoning Commission. Ms. Carson said that on June 12, the
vote was 4.3 and on August 14, the vote was S-0 according
to the officially adopted minutes for the Planning and
Zoning Commission.
Ms, Brock asked if there were any long range plans for
Highway ~77. Ms, Carson stated vat she was not aware
of any priposels.
Mr. Clark slid there is a plan by the state to have it
in their four year plan to widen Ft. Worth Drive to I-3S
to FM 1830 to a four lane road but that s:hedules are not
always met. He said toning cases are based on intensity
studies and not on the capacity of the roads and that
there is reason ti believe that the intersection will be
slgnalited eventually, He sold that Japes Street ma have
to be rerouted. The Commission has the option to make
developers patticipate.in reconstructing tht intersection
to make It operate safely.
Mr. Ellison asked if there would be traffic nanagement
problems If this area developed as single fanily.
r
"t' y~ f",y f' F f 4% 1 fl~f 2ti, x11. ' rA ~•ir it. I. r s t ~ I~
P A t minutes>
October 9, 1985
Page 5
Mr4lstk said yes and that it comes down to the issue
of e funding for signalixotion for the intersection
in question.
Pr. Claibot, asked if Hobson Lane was going to be
rerouted. H, Clark said that the only street to be
rerouted was James Street north of PM 1830.
Mr. Apppleton asked if Teasley Lane was increased in width
would it provide any relief 1n this area. Mr. Clark said
that it would eliminate back flow problems.
Mr. Ellison asked for clarification of moderate intensity
policies. Ms. Carson said that the Development Guide en•
couraged residential development of overall density of i.b
units per acre and that it discouraged any major develop-
ment of aulti•family that would violat-3 Development Guide.
She said that it gives special emphasis for residential
development but that it must follow Guide policies. She
said that ti:e diversity does not violate the density or
the Hobson-Teasley policy.
Ms. Byrd said that she felt that a traffic study had not
been done for this area and that if there was, when and
where was it done. Ms. Carson said that Xoiorosh Olyai,
transpportation engineer at the time of the original peti-
tion by Randy Smith at Hobson end Teasley, conducted a
traffic study of this area.
Mr, Ellison stated that it was not a formal study and
thorough examination of the traffic and transportation
situation, but a staff person doing traffic generations.
Hs. Carson said that there was an actual traffic count
at the time during specific times of the day.
REBUTTAL: Mr. Jester said that the general retail was
reduZej y 25 percent and the apartments were reduced by
14 percent. He said as far as the traffic was concerned
on Hobson Lane, there was once a proposal to improve it
and that they were met with large opposition against it.
He said that he thinks it is a good and workable plan and
that they will try and keep all the trees and rolling
hills that they can. He said that he didn't understand
about the problem with the noticws because he had always
received his notice. He said that Denton is growing and
needs places for people to live. He added that the people
come and then the streets are built to then.
Public hearing closed.
DECISION: Mr. Claiborne stated that he would like to
address two issues. He said that the first time this
petition was brought to the Commission, his objection was
the protection of tite existin single family dwellings in
the area, particularly on FM f830. He said that he sug-
gested a buffer zone back to the South side of this devel•
opment in consideration to property owners across the
street. He added that this pion versus the original plan
has a lot of merit. He said the second Issue is the most
impottant characteristic of the Development Guide, the
preservation of the neighborhood. He added that this is
a very Ir,,3rtant issue to the Commission,
Mr. Juren said that the general retail is not compatible
with this particular area. 'ee said that he wouldntt want
MF-l in tia11% area. He added that the only way to get
around the traffic problem was to adapt to it.
Mr, Appleton stated that obviously there would be relief
sorsetime in the future. He sold that he voted in favor
last time and that he saw no reason to change his vote.
P 6 2 minutes
October 9, I985
Page 6
Mr. Appleton moved to recommend approval of 2.11S6;
seconded by Mr. Escue,
Vote was calledi
Aye - Appleton Escue
Nay - Brock, Claiborne, Cole, Juren
Motion failed (2.1).
Mr. Juren moved to recommend denial of Z-17S6; seconded
by Ms. Cole.
Vote was called.
Aye - Brock, Claiborne, Cole, Juren
Nay - Appleton, Escue
Motion carried (4.2).
0. 2.1770. Petition of Dale Irwin requesting a than a in
oi'TiT'ff~ from the two-family (2F) district to the panned
development (PD) classification on a 0.426 acre tract
located at the southeast corner of Carroll Boulevard and
Prairie Street. The property is located in the William
Loving Survey, Abstract M. If the request is approved,
the planned development will permit the development of an
office building.
Twenty notices were mailed to property owners within 200
feet; seven reply forms were received in favor, no reply
forms in opposition, and two reply forms were received in
favor from persons not on the mailing list.
PETITIONERi Dale Irwin stated that the purpose of this
YeqOest is to change the two family (2F) coning to a
planned development for office use. He said about a year
ago this property was up for straight office zoning. He
said that this particular property is the old Fred Moore
estate, fie said that it was forwarded to the City Council
with a 3.2 vote in favor of office zoning. He said that
the City Council defeated the petition and recommended it
be brow ht back es a planned development. He said shortly
after t at there were title problems. He said that there
was a property disposition :n which the city decided they
did not need to maintain all the property up and down
Carroll Boulevard, particulari this area. He said that
tie City Council after some delay voted to sail this
excess property back to the owners (Fred Moore estate).
He added that the enact balmdaries have been determined
and they are readyy to pro.eed with a planned development
for office use. He said Mat this plan being presented
would provide for a two-story office building which would
be no more than 6,7S0 square feet, 20 percent more parking
;ban required, access to the pproperty on Prairie Street
with no Curb cuts on Carroll Bouldevard, anA a large green
area on the northwest corner. He added that the curb cut
on Prattle Street is 90 feet away from Carroll Boulevard
and that the plan meets with setback requirements. fie
said that most of the neighbors approve of the zoning and
that they could sell their propety at a fair price and
move onto something new.
IN FAVORS None present.
OPPOSED3 None present,
STAFF REPORTS Ms. Carson stated that a stmiiar Droposal
Toning was presented to the Planning and Zoning
Commission at the August 102'1983 aeetln~ She said at
that terra the Planning and & ning Commiss~on do led the
request by a vote'oi 3.1.- It was appealed to Oity Council
on September 60 19e3 and was denied. She said comments
were aada by City Council that it iitht be more acceptable
as a planned development, She said that the area is rest-
j DATkt 11/17/V
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
6RONt Rick Svehla, Acting City Manager
SUBJECT: 8-1759
RECOMMENDATION:
The City council approved a request for change in zI)ning from
agriculture to light indaetr:el on August 20, 1985.
SUMMARYt
An error in the legal description in Ordinance 85-160 requires an
amendment to correct the ordinance.
BACKGROUND:
The petition of Neham Investments, Inc. reqListing light industrial
zoning on 7.223 acres located on the south side of Loop 288 and east
of the MKT and TP Railroad.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
No departments are affe,:ted.
FISCAL IMPACTt
No impact on the general fund.
Re ectf~ly su ytv~
t - P1 r" AJV '!G !.c'~ ~Jeh a
Prepared by: Acting City Manager
Cecile Carson
Urban Planner
App ve
Jeff Mey
Director of Planning
and Development
1113]
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py ::Y i • ,f ~d r
7 1219L
NO.
AN ORDINANCE AMENDING ORDINANCE NO- 85-160 TO PROVIDE FOR A
CORRECTED LEGAL DESCRIPTION OF THE PROPERTY THEREBY REZON71); AND
PI"OVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS,
SECTION I.
That Section I of Ordinance No. 85-160, is hereby amended to
correct an error in the legal description of the property
therein rezoned, by revising Section I of said ordinance to read
as follows:
That the zoning classification and use designation of
the following described property, to-vit:
I ALL THAT CERTAIN tract or parcel of land situated in the
J- S. Taft Survey, Abstract 1256 Denton County Texas,
being al', of a certain (called) 7.23 acres descri~ied in a
deed from Barbara T. Hacker to James T. Harris on the 6th
day of Hay, 1977, and recorded in Volume 835, Page 440,
Deed Records of Denton County, Texass and being more fully
described as follows.
BEGINNING at the Southeast corner of said 7.223 acre tract;
THENCE west a distance of 200.00 feet to an iron pin;
THENCE North 00°00'00" west a distance of 1514.44 feet to
an iron pin;
THENCE North 60°10'00" east a distance of 229.79 feet to
an iron pin;
THENCE South 00°00'00" West a distance of 1627.60 feet to
the point-of-beginning and containing 7.213 acres of land,
Is hereby changed from Agricultural "A" District Classifi-
cation and Use designation to Light Industrial "LI"
District Classification and Use designation under the coa-
l prehensive zoning ordinance of the City of Denton, Texas.
SECTION II.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of
f 1985.
RICVMD 0. , MAYOR
CITY OF DENTON, TEXAS
ATTEST:
iETARY
CHARLOTTE ALLEN, CITY V
CITY OF DFATON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
CITY OF D£NTCH, TEXAS
by; e
T -/7Sj
7.., k"g - cu T • .tq .n ?~,~k a t o'.',. U.° q. _ na Gl. x:m-~
LeceLuer I7, 1985
LITY COUNCIL AbhNLA I'llk
7'0: MAYOR AND MEMBERS OF THE CITY COUNCIL
FRO14: Rick Svehla, Acting City Manager
SUBJECT
Consider Ordinance for Abandonment of Easements in
Southridge Village Shopping Center.
RECOMMENDATION
The Public Utilities Board, at their meeting of November 20,
1985, and the Planning and Zoning Commission, at their meeting
of December 4, 1985, recommended that the attached ordinance
be approved by the City Council to abandon subjmct five (5)
easements.
SUMMARY
The property has been replatted with acceptable easements, and
utility lines have been installed to serve the new
development. There are no facilities in the easements
requested to be abandoned.
BACKGROUND
Three of the easements to be abandoned were original Texas
Power and Light Company easements dating back to the 1930's
associated with lines purchased by the City in the 19701 so
The others were for utility lines installed adjacent to I3SE
in the area which has been dedicated as street right-of-way
for Lillian Miller Parkway and covered by new dedicated
easements parallel to I-35E right-of-way.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
City of Denton Municipal Utilities, property owners.
FISCAL LflPACT
Not applicnble.
i
4058U:7
r
I
Prepared by: R spe ull
E. B. Tullos, P.E, ffc EIS v ea
Asst. Director of Electric Acting City Manager
Utilities
Appr ed b
e on, F. E.
Director of Utilities
Exhibit Proposed Ordinance
II Minutes PUB Meeting of 11/20/8S
III- Minutes P&Z Meeting of 12/4/85
i
i
40S8U:8
i
+C
j
NO.
AN ORDINANCE ABAN70rI'AO AND VACATING CERTAIN UTILITY EASEMENTS AS
DESCRIBED HEREIN; AND DECLARING AN EFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has
determined that the hereinafter described utility easements are no
longer needed for public use; and
WHEREAS, in accordance with the provisions of Taxes Revised
Civil Statutet, Article :421c-12, an appraisal of the lair market
value of said easements has been obtained; and
WHEREAS, in accordance with state law, said easements are
being abandoned and vacated in consideration of the receipt of
their fair market value by the abuttng +lroperty owner tnereof;
NOW, THEREFOREt
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.,
SECTION I.
That the hereinafter described easements are abandoned and
vacated as easements for public utilities:
A. Easement and right-of-way as described in that certain
deed from J. H. Sublett to Texas Power and Light Company
of Dallas, Texas, dated October 8, 1930, and recorded in
Volume 2361 Page 478 of the Deed Records of Denton
County, Texas, and being that same easement assigned by
Texas Power and Light Company to the City of Denton,
Texas, by instrument dated'October 26, 1979 recorded in
volume 986, Page 441, of the Deed Records of Denton
County, Texas.
B, Easement and right-of-way as described in that certain
deed from J. W. Erwin and wife, Shade E. Erwin to Texas
Power and Light Cos any, dated June 6, 1949, recorded in
Volume 355, Page 68, of the Deed Records of Denton
County, Texas, and being that same easement assigned by
Taxes Power and Light Company to the City of Denton,
Texas, by nstrument dated May 11, 1972, recorded in
Volume 1740i Page 7681 of the Deed Records of Denton
County, Texas. 1
C. Easement and right-of-way as described in that certain 1
deed from J. W. Erwin to Texas Power and Light Company,
dated November 251 1935 recorded in Volume 268, Page 75,
of the Deed Records of Denton County, Taxes, anJ being
that same easement assigned by Texas Power and Light
Company to the City of Denton Texas by instrument dated
May 11, 1972, recorded in Volume 1740, Page 769, of the
Deed Records of Denton County, Texas.
D. Easement as described in that certain deed from
William S. Colville to the City of Denton, Texas, dated
January 7, 1974, recorded in Volume 694, Page 650, of the
Deed Records of Denton County, Taxes.
E. Easement as described in that certain deed from
Colson Inc., to the City of Denton, Texas, dated
Septea..+er 15, 1978 recorded in Volume 914, Page 3490 of
the Cad Records of Denton County, Texas.
r' .Y e , Ja'-rv s.r~ s~y r -Wkqplp j,
SECTION II.
That said easements are herein abandoned and vacated, and by
operation of law, the City of Denton's property interest in said
easements shall revert to the abutting property q•roer, whether one
or more, and the City of Denton hereby releases any and all claims
to the use of the property described in said easements referenced
harein for the purposes therein described.
SECTION M.
That this ordinance shall become effective 1-nediately upon
its passage and approval.
PASSED AND APPROVED this the day of , 1985.
RICHAI&D 0, , MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON; TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
MY of ORN M, r=48 MUNICIPAL BUILDING ~ DENTON, TEXAS 76201 ~ rFLEPHONE (811) SU-8200
HEMORANDUN
DATE: October 28, 1985
TO: Bob Nelson, Director of Utilities
FROM: Roger N. Wilkinson, Right-of-Nay Agent
SUBJECT: Basement Abandonment
Enclosed is an ordinance for the abandonment of certain
easements lying on the'Southridge Villa a Shop ing Center
property and J. W. Erwin Addition reply props ty.
The properties: have been platted or replotted to provide new
easements in place of the easements listed in the ordinance.
Please schedule for Public Utility Board and City Council for
ctton.
Roget~ Wilkinson
Right-of-Nay Agent
sr
003446
NN ° p
EXCERPT FROM
PUBLIC UTILITIES BOARD MINUTES
NOVEMBER 201 1985
r r r r a. r. r r
r r r r
12. CONSIDER ORDINANCh FOR ABANDONMENT OF EASEMENTS IN
9OUTHRIUUB VILLAGE SHOPPING CER=,
Tullos explained that this property has been replatted
with acceptable easements, and utility lines have been
installed to serve the new development. There are no
utility facilities in the easements requested to be
abandoned.
Thompson asked why the need to abandon these easements?
Tullos explained that if the City does not, the title
to the property will be clouded.
Nelson explained the platting process to the Board.
When a piece of property is platted, easements are
placed completely over it. When and if the public does
not need the easement, it is returned to avoid
discrepancies on the title. Because of the cost of
research involved, an administrative fee is being
considered, however, not at this time.
Coomes stated that he was in favor of the abandonment,
provided that the administrative costs of the
abandonment be borne by Southridge Shopping Center.
Prady made a motion to approve the ordinance as
written. Second by Thompson& All ayes, no nays,
motion carried unanimously.
. r. r. r r r r r r r r r r r r. a r. r. r r r r ♦ r r r• it
NEWS,
rt;..,x .r. ' .Y i s 1 f y r• ir,.ie~' aS_'_ma ;-{'.;.M ,y
P z minutes
December`4, 1985
Page 5
D. Recommend Adoption of an ordinance abandoning and vacating
certain utility easements in Southridge Village Shopping
(UNAPPROVED) Center, and declaring an effective date.
STAFF REPORT: Ms. Carson stated t:,at the Public Utilities
Boar recommended approval of the ordinance. She added that
Development Review Committee and staff recommended approval.
DECISION: Mr. Appleton moved to recommend approval of
0-op-11-on of an ordinance abandoning and vacating certain
utility easements in Southridge Village Shopping Center,
and declaring an effective date. Seconded by Mr. Pearson
and unanimously carried (6-0).
^.r A, iu ip'M~ r: rr. r b, r 5.t' a.~~+s r° V'y u Cff yyn a~4 r~'VM { rqs 't,3y .~'i
December 17, 1985
CITY COUNCIL AGENDA ITEM,
TO: MAYOR AND MFMBBRS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
SUBJECT
Consider Boiler Machinery Insurance Policy Ordinance.
RECOMMENDATION
The Staff recommends purchasing the City's Boiler
Machinery Insurance coverage with the Insurance firm
cf Arkwright-Bostrin.
SUMMARY-BACKGROUND
Arkwright-Boston Insurance Company has furnished the
City with Boiler Machinery insurance coverage since
January 1, 1983. This policy expires on December 31,
1985. The Staff obtained proposals from five
insurance companies for this coverage and
Arkwright -Boston had the lowest qualified proposal at
$79,6S1 per year (See Exhibit I). Other proposals
received were CHUBB Group-$1960000 (Alt.- $106,802);
Continental - $106,281, Hartford - $99,797 and Home
Insurance Company $47,700 (Alt. - $530000). Home
allowed cxplosion only coverage on turbines, plus
they have not previously provided boiler machinery
coverage to a full line utility such as Denton which
has electrical transmission, distribution and
water/wastewater system machinery. Therefore, this
proposal was not considered a qualified proposal.
The coverage will be very similar except that the
deductible on the Turbii,e-Generators was increased
from $1.6S/KW to $2.00/KW. The cancellation clause
was extended from 30 to 60 days and 01 and #2 turbine
generators coverage was upgraded from a "cash value"
payment to full "repair and replacement*
PROGRAMS, DEPARTMLNTS OR GROUPS AFFECTED
Denton Municipal Utilities, Legal Department,
Insurance.
40S8U:3
i e-'.d s sQ. 1 Cu„ W ;'Fd a`w i 1' t - , r. "7,~t* 23'e+{a~t
a
FISCAL IMPACT
Annual Policy Premium $79,651,
Previous Policy Premium $53,101.
Source of Funds:
Various Budgets As Per Coverage.
R fully submitod,
~h
~cTc I've a
Acting City Manager
Approved by:
y~!
e son
Director of Utilities
EXHIBIT I - Prop§ ,4¢j',Qrd, fiance
II Ltr ArkW4,'Jo.t~~Aoston-- PROPOSAL
III Ltr ft~;gb"A?6 right-Boston- 12/10/85- Renewal information
IV Policy
I
4058Ut4
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1241E
I
NO.
AN ORDIctWE ACCEPTING THE PROPOSAL OF ARXWRICHT-BOSTON
INSURANCE COMPANY FOR BOILER A119 MACHINERY INSURANCE AND
AUTHORIZING THE EXPENDITURE OF FUh1jS THEREFOR.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
The proposal of Arkvright-Boston Insurance Company for
Boiler and Machit,ery Insurance, a copy of which is attached
hereto and incorporated by reference herein, is hereby accepted,
and the expenditure of funds therefor is hereby authorised.
f SECTION
That this Ordinance shall become eflsative immediately upon
1 its passage and approval.
PASSED AND APPROVED this the day of
1985.
RICHARD 0, SMMMI-Tam
CITY OF DENTON, TEXAS
ArfEST
I
CHM=TE ALLEN CITY
CITY OF DENTON,,TEXASSECRETAp
i .
APPBOVED AS TO LEGAL FORM:
DEBGn ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTONN~, TEXAS
BY.,
/Yl~/l9D YYl'y :i A/~
F
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v,-rM ' r5ir ° x K R -t~' n u Y ,Y is r s . ' - 1 t `i k - ( e
r $ '1 A
Arkwrfght•Boston Insurance
12100 HIkoefl Rd, Su1ta 204, Dallas, Texas 75230 Tel: 12141 2:131094
December 3, 1965
Mr, Robert E. Nelson, Director of Utilities
City of Denton
Muncipal Building
211 E. McKinney Street
Denton, TX 76201
SUBJECTI Boiler and Machinery Insurance
Dear Sobs
The proposal for renewal for another three-voar Boiler and Machinery policy
period has been completed.
The existing broad Comprehensive coverages and high limit will be continued
through they new policy term. The present favorable deductible posture will
continue as currently written for the renewal except the deductible for
turbine generators is $2.00 per kw (based on name plate rating). This can
either be stated on the policy as $2.00 per kw or can be converted to dollar
deductible equivalent. Please see the attached Proposal Summary.
The expiring annual net premium is $53,101. The annual net premium for the
renewal is $79,651.
Bob, following your review, please let me know of any questions or concerns
associated with this proposal.
Th ordervrtter and Harry Campbell, B3M Engineer asked me to relay that the
City of Denton is valued business and we look forward to continuing this good
relationship.
Beat personal regards,
4Hcraw
Robert AAccount Executive
RAM/tg
Enclosure
0322M
grhA r~rl fSCi51ri~S~A "a'1'!.ay •i ..~q: {r :'„r.~~, i,
41
CITY OF DENTON
RENEVAL SUMARY
POLICY TERM: Three Years
1/1/86 to 1/1/89
LIHITt 11010001000
REPAIR! PLACEMENT: On All Insured Objects
ADDITIONAL EXPEDITING EXPENSESt Mom
DEDUCTIBLES: FlGu,
F ~ t A. Water Tube Toilers having a heating
surface o. 159000 sq,fte or more. : 50,000
B. 112512 (T) Steam Turbine, 12,650 kw
6978290 (0) 259300
C. 112511 (T) Steam Turbine, 12,650 kw
6978289 (0) 751300
D. 137431 Steam Turbine, 22,000 kw 440000
E. 118861 (T) Steam Turbine, 65,483 kw
8384471 (0) 1300966
P. 164191 (T) Steam Turbine, 61,162 kw
8354669 (0) 122,324
0. Transformers having a capacity of
25,000 kva or more but less than 500000 kva 28,000
H. Transformers having a capacity of
50,000 kva or more. 550000
1. Any other Object at this location 250000
-A -41-0 sowt. let C-J
COYFnGEt Broad Breakdown coverage
continues to apply for all
utrbine--
COINSURANCEt Deleted
PRICI401 179,651 Annual Premium
ika !'e +tic+ Us-4466f% 'rw.ns4rrn~ra to?, ?O e ` .bd ~Ctht,
.T. All
W4 i' ~t to u is c aE,~t1 4M &thQjf» ~6Je~t C"r, tj in -7~
Coae~trd 6y twi. ~at~e.~ ....1r 1,ac10 ,
Arl:w,1ght-ftM% t 1nsmrw*
f
Arkwright-Boston Insurance
42700 HJicrest Road, Suite 204. 6086, texas 75230
December 10, 1985
Mr. Robert E. Nelson
Director of Utilities
City of Denton
215 East McKinney
Denton, TX 76201
SUBJECT: Boiler and Machinery Insurance - Renewal
Dear Bobs
On December 3, 1985, we discussed the renewal proposal for the City of
Denton's boiler and machinery :overages. The renewal will be effective on
January 1, 1986. This serves as written confirmation of two items, which I
promised to clarify. These are as follower
1. Repair or Replacement coverage is proposed for all objects including
1/112512 (T) GE Steam Turbine 6 Generator Unit 6978290 (0) and
2/112511 (T) GE Steam Turbine b Generator Unit 6978289 (G) and to all
other objects insured by the policy.
2. The underwriter has provided permission for a 60 Day Notice of
Cancellation to replace the existing 30 Day Cancellation Notice.
3. The net annual premium remains $79,651 as quoted in the December 3
proposal. As we discussed, the premium and/or rates are adjustable.
Bob, should there to other questions, or if i can help in any way, please
contact me.
Sincerely,
deav.l
Robert A. McCraw
Account Executive
RAAM/tg
0334H
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.ter
raara o+,re
Fabtuary 11, 1983 ARKWRIt3HT-DOSTON INSURANCE CQ?C'ANY
Sheet A No. 1
Replacing Shoot No, 649001_
Policy No.
Account No.--
Effective Date at 3 1982
Clause No.
1, Title of Insured CITY OF DENTON, TEXAS
2. Coverages
The Insurance coverage provided hereunder Is as defined by the Forms and Endorse.
ments attached to and forming part of this Polley and at the locations whers'ra ch
coverage Is specified In the "Schedule{s)", attached to and made a part of this Policy
as follows:
Coverage ,.ROPBRTY DAMAGE as defined In Texaa Fors FMS-D-1
Cove►ag: as defined m Form
Cov(.r. ~~as defined In Form
C,oyerr _ ~as defined In Form
Ca:e. as defined in Firm
Covarer/, ascafined In form
3. Amount of lntvr„xs
The amount of Insurance and the consideration thereof under this Policy at in.
ception and as a result of any subsequent changes are as shown on the "Policy
Summary" attached to and forming a }part of this Policy. The amount of
Insurance shall apply on a blanket basis except where limits of liability apply
at locations as specified In the "Schedule(s)"of this Policy or In Clause No, 13
below, If the Insurance under this Policy to divided into two or more items, as
Indicated , the "Pcllcy Summary", the fotegoing shell apply to each Item
separately. Whenever limits of liability appear on a "Schedule" In this Policy,
the limits shall apply to the total loss under this Policy due to physical dome"
occurring at that location from an Insured peril.
4, Additional Absorption (AA)
In the calculation of the Actual Earned Premium for this Policy, additional ob.
sorption charges, If any, shell be retained for each month and pro rata for any
fraction thereof, is specified In the "Schedule(s)" of this Policy,
CLAUSE NO. 13 - DOES NOT APPLY
te,,., 01 in oot Allee rero,nn,nstal" rwNIM foI1M Iso 1010
llVl PAtI
February 170 1963 APMtCHTOSOSTON I1481JUNCI C"ANY
Sheet A No._.2
Replacing Sheet No.
Policy No. 699001
Account No,,. 26093
Effective Dale December 310 I9~2
Insure CITY OF DENTONr TEXAS
Clause No.
6, Premium Payable
Aa-; return of premium accrulnq under this Policy, unless otherwise stated,
0 III bot applied to the account f
fNS
I 6. Loss Payable
LIVj6jaDny, on all property, unless otherwise slated, shell be payable to
7. Additional Interests
Any sddilional Interests covered under this Policy are shod in the "Schedulefsl"
of this Policy,
A01ee0.Neb,uAalJAesenNrwNAr1 tp#M16~S ~~.fe
§Auguat 18, 1989 F ARKWRIOHT-BOSTON INSURANCII COMPANY
Sheet .A No. 3-2
Replacing Sheet No. 3-1
Policy No. 699001
Account No. 26083
Effective Date May 10, 1983
Insured CITY OF DENTON, TEXAS
Claus,, No.
8. Review of Values
PROPERTY VALUES The Insured shall send to this Company a report of current
Property Values a each location where coverage is provided by this Policy. The Property
Valuer shall be shown on a Replacement Basis for property which Is covered on a Repair
or Replacement Basts under this Policy and on an Actual Cash Value Basis for other
property. The value of Stock and Supplies to be Included In the Property Values shall be
in accordance with the 'value of Stock Clause contained in this Polley and shall to based
on the approximate aversge value of Stock and Supplies on hand during'the twelve months
immediately preceeding the annual review of values. The initial report Is due prior to
Inception date of the Policy. Subsequent reports of value are as of the first day of each
annual period and are due not later than 30 days after the close of each period.
BUSINESS INTERRUPTION VALUES The Insured shall also send to this Company Annual
Business n errup on a u6s In accordance with the Reporting Clause contained in the
Business Interruption Form attached to and forming a part cii this Policy. Such figures
shall be subdivided by locations with separate figures shown for each location where
enverage is provided.
FAILURE TO REPORT if such values are not received by this Company as Indicated
above, eac Rind of I surance (such as Property Damage and Time Element) provided
herein will continue in force but shall apply separately for the latest figures shown on the
"Policy Summary" until s3uch time as values as specified above are received by this
Company,
10. Additional Considerations
R Breakdown coverage clause Is hereby deleted.
toiler 0 1111 N 9c4'"drel4e nr.»len
_7 7
MUN oAu ARKWRIOHT-BOSTON INSVRAXCF CMANY
February 171, 1983
Sheet A No. 4
Replacing Sheet No.
Policy No.
Account No.
Effective Date tricamber 31, 2
insured CITY OF DENTON, TLUS
Claum No.
10. Schedule of Pwriptions of Property Covered Applicable to Fire Insurance.
The following Property Descriptions apply under the terms of Section I end II
of the Forme end Endoreemo n% and to locations covered for Fire Insurance
is shown in the "SeMdulefsl" stts0*d to end forming part of this Policy.
Property Desaiptlon
The terms, conditions and coverages as stipulated in Sectfoa II of
the Texas Forst M-D-lj attached to and forming a part of this Poliev
do not apply$
II
i atu 01 in 1M1 RiAd eeluMn MOMM" rivMiM POW 1410 1040
Er AI!
uary l7, ?,ytl3 ARKWAIM-b09TON INSIIRANCK MANY
Sheet A No. S
Replacing Sheet No.
99001-
Policy No.---..~3
Account No.
Effective Dats_ !C islet 31, !
Insured CITY OF DENTONL TEXAS
Clause No.
11. Schedule of Objects Covered Applicable to Boiler & Machi:Nry Insurence, The
following Object Group Descriptions apply under the terms of Section I and III
of the Forms and Endorsements and
to locations covered for Roller
and
Machinery Insurance as shown In the "Schedule(ol" attached to and forming
part of this Polley.
Group Dascrlotions
See Texas FHB Schedule - Form BH-!SO
I
.-J
L#11 It A In IIthl MM eeiuMa WOW" I PV414A FOAM 1114 1010
Issu
ARKWRIGHT-BOSTON INSURANeM COMPANY
June 13, 1983
Sheet A No. 6-1
Replacing Sheet No. 6
Polio' No. 699001
Account No. 26083
Effective Date May 10, 1983
CITY OF DENTON, TEXAS
This is to certify that the Form(s) and Endorsement(s) which are attached to and form a
part of Policy No. 699001 are identified as follows:
Farms Standard Endorsements
Texas FMB-D-1 (12/81) TXD-8 (8/81)
BM-150 (4/73)
5-A '5/64)
Texas FMB End. No. 18 (10/79)
Texas FMB Vnd. No, 122 (10/79)
Texas FMB End. No. 101 (7/81)
Texas FMB End. No. 102 (10/79)
Texas FMB End. No. 103 (7/81)
R End, No. 106 (5/66)
TSP-11 (2/76)
It Is also certified that Statutory Countersignature Req,ilrements have been complied with
and evidence of such compliance Is on file with this Company.
Authorized Underwriter
tell,. R yN 0 CPO e011&104 W.t-e•
Endorsement No 106 (5/66)
ADDITIONAL EXPEDITING EXPENSE PN 599001 17700
Attaphed to and Forming Part of Form FMB-13-1 Section m
In consideration of the premium, it is understood ard agreed that the amount of Insurance
provided under Coverage B in Section III of this Policy Is hereby increased to a maximum of S
This endorsement does not Incre,ise the Limits of Loss provided in the Policy to which it Is
attached.
See ScheduleW and Invoice Supplement or Policy Status
ARKWRIGIIT-BOSTON INSURANCE COMPANY
047.0" MVfV sgw,ff 14,40W • i [p~elr ~ Onl Mgy i 1[S!
V2,,. god MJilsenuff'Y ~~6[ 01' [VONgO~~ Moy it 41%
TEXAS Form P*40.0•1 Iwsu
80 t'ION I
GENERAL PROVISIONS
(Appilcable to All Coverages, Unless Otherwise Provided)
This Form extends the provisions of the Standard Fire Insurance Policy as hereinafter provided. The
conditions and limitations of the Standard Fire Insurance Policy to which 0 s Form is attached shall,
unless otherwise herein provided, apply to each of the pe,' . , Herein insured egainst fo the same extent as
(hough the designations of such other perils ware iospectively substituted or the w )rd "lire" therein.
LIMIT OF The limitol risk assumed undur Ihis Policy and all Endorsements and supplementary
LIABILITY coverages related thereto shall not exceed in the aggregate the amount of fire
insurance stated in this Policy
PROPERTY ALSO COVERT J
BULLION AND If this Policy covers personal property, it shall at~.i cover bullion and manuscripts
MANUSCRIPTS while on the Uptiscribed
premises,
PROPERTY Unless otherwise provided herein, if this Policy covere persunal property owned by
OF OTHERS the Insured, it shall also cover while in the custody of the Insured on the described
premises or In the open within 500 feel thereof, (a) personal property of others which
the Insured is under obligation to keep insured; (b) the interest of the Insured in and
legal liability for loss or damage by any of the perils herein insured against to
personal property belonging to others. It is understood and agreed that the coverage
provided by this clause shall not attach to any property of others which is of a kind or
character specifically excluded under any Whp, conditions of this Policy.
DEBRIS This Policy also covers expense of removal from it - dest:ribeU premisk+s of debris
REMOVAL remaining after any loss hereby insured av iinsl... ex 110 it More shall be no liability
assumed for the expense of removal of. ( it any tour®a ons, other than damaged
portions which must be removed for rr nay or rebuilding; (b) any building or pert
thereof, the removal of which is refil.Ored by any ordinance r law requlaling con.
struclion or repair
PROPERTY This Policy also covers ir?rsonal property. oth than moto vehicles. of oflicers and
OF employees of the Inswed while such proper} y is on this! descrihed premises or in the
EMPLOYEES open within 500 feet thereof
The provisions of the peecectmg Cl ius o 11 not increase any amounts or limits of
insurance provided by this Policy
SPECIAL PROVISIONS ON PROPERTY
BRANDS It is understood and agreed that if branded or labeled marchandise covered by of is
AND Policy is damaged and this Company elects to lakr all or any part of ouch merch(.ri-
LABELS dise al the value established by the terms of this Policy, the insured may. at his own
expense, star o "selvage" ~,i the merchandise or its containers, or may remove o,
obliterate the brands iav is, if such stamo, removal or 06fileraho I will nrt
physically damage the cierehandise, but the Inst ed must re-label the merchandise
or containers In compliance wi-, the requirements of taw.
VALUE Unless otherwise endorsed hereon, adjustment of loss undt:r this Policy shall be.
OF STOCK (1) on stock in process, the value of raw materials and' hor expended plus the
proper proportion of overhead charges;
(2) on finished goods manufactured by the Insured, trio to gular cash sellingg
price at the location where the loss occurs, less all discounts and charges to whicf~
the merchandise would have been subject hot, no loss occurred;
Naar 1rAu~i 3av e! lw~ild etwk Comwir Fern)
0,4* ed ""hu"nt PAO( t of ie f„lttrr! Oro rhtemAN i 19e1
r9utkr110t1 Ottotrer i ~9I91
f EXAS Form FMO.0.1 onq
04 SECTION I (Coni'd)
VALUE (3) on few materials, supplies and other merchandise not manufactured by the
OF STOCK Insured, the replacement cost;
(Cont d) all to be computed as of the time of the fire or other casually insured against by this
Policy.
VALUE It Is understood and agreed that liability on exposed film, records, manuscripts and
OF RECORDS drawings shall not exceed their value blank plus the cost of transcription.
AND MEDIA Liability for toss or damage on media, data storage devices, and program devices
for electronic and electro-mechanical data-processing and production equipment is
limited to the cost of reproducing such media. data storage devices, and pro41+am
devices from duplicates of from originals of the prevluus generation of tho data
GENERAL CONDITIONS
Permisaon Is Given:
(1) For other insurance,
(2) To store and use any and all materials usual and incidental to the business or
occupancy.
(3) To after and repair the described premises.
(4) To cease operations and for the premises to be scant or unoccupied for sixty
(60) consecutive days, and (of more than sixty (60) consecutive days providing the
same degree of fire protection and watch service is maintained as existed at the time
of the discontinuance of normal operations,
(5) To operate the establishment all hours, day and night
STANDARD In each case of loss or damage covered by this Policy, this Company shall not be
DEDUCTIBLE liable unless the Insured sustains a loss in excess of the largest of the following, and
then only for its share of such excess:
1, $1000
2. The specilic peril deductible amount when the loss or damage is caused by a
peril for which this Policy provides a specific peril deductible amount
3, Any other applicable deductible amount provided elsewhere in this Policy
When this Policy covers more than one location. the deductible amount shall apply
against the total loss or damage covered by this Policy in any one occurrence
It two or more deductible amounts provided in this Policy apply for a single occur.
rence. the total to be deducted shall nol exceed the largest deductible amount
applicable unless otherwise provided in this Policy
If this Policy insures against both Property Damage and Time Element losses. the
deductible amount as shown in this Policy shall apply separately to each such
coverage. even if both are involved in a single occurrence. unless otherwise pro-
videO in this Policy.
NO CONTIi0 1. This Policy shall not be invalidated by increase in hazard in any portion of the
premises over which the Insured has no control.
DWISIBLIE II the premises described In this Policy include two or more buildings or the contents
CONTRACT of Iwo or more buildings, the breach of any condition of this Policy in respect to any
one or more of the buildings Insured or containing the properly insured, shall not
prejudice the right to recove lot lass occurring in any building Insured or containing
the properly insured where. at the time of the loss. a breach of condition does not
exist
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TEXAS Form FMa-u•f tr:sii
SECTION 1(Cont'd)
Y
SUBROGATION This Company may require from the Insured an assignment of all right of recovery
against any party for toss to the extent thM payment therefor is made by this
Company, but this Company shall not acquire any rights of recovery which the
Insured has expressly waived prior to lose nor shall such waiver affect the Insured's
rights under this Policy.
Any recovery as a result of subrogation proceedings &rising out of a loss occurrence,
alter expenses incurred In such subrirpation proceedings are deducted, shall
accrue to the Insured in the proportion that the amount of the dnductlble and or the
amount of any provable uniniu,ed loss bears to the amount of the entire provable
loss
NO REDUCTION 11 is mutually understood and agreed that any Iass hereunder shall not reduce the
BY LOSS amount of this Policy,
UNDERLYING If the premises described In this Policy include property In more than one state,
POLICY province or territory, it is understood that separate policies underlying this Policy
may be Issued in compliance with state, province or territory laws, and that this
Policy is subject to the conditions of the Standard Fire Insurance Policy, of the state,
province or territory In which the individual properties are located. It Is further,
understood, however, that such underlying policies are not to be considered as
additional insurance but as duplicates only.
CANCELLATION It is understood and agreed that the provisions of the Cancellation Clause in this
0olicy are amended to provide that this Company will give not less than thirty (30)
days written notice of cancellation. However, this Policy may be cancelled by the
Company if the Insured falls to remit, when due. the payment of Premium Deposit far
such policy, by giving the Insured not loss than ten (10) days written notice of
cancellation.
LIBERALIZA• 11 any authorized Endorsement or filed rules or regulations allechng this Policy are
TION revised by statute or otherwise so as to broaden the insurance without additional
premium charga, such extended or broadened insurance shelf Inure to the benelll of
the Insured hereunder, effective as pf the date of the change.
LOSS Unless otherwise provided herein, loss, if any, is to be adjusted with and payable to
PAYABLE the Insured named In this Policy
PLANS Reference is hereby made to plan(s) on file in the office of this Company for further
description and location of property herein described.
EXCLUSIONS
This Policy does not cover lose or damage.,
NUCLEAR Caused by nuclear reaction or nuclear radiation or radioactive contamination, all
PERILS whether direclly or indirectly resulting from an insured peril under this Policy, except
as provided in the Radloactiv4 Contamination clause In Section 11,
However, if fire or sprinker leakage en,ue?. liability is specifically adsumed for
direct loss by such ensuing fire or sprinkler leakage but not including any loss due to
nuclear reaction, nuclear radiation or radioartiva contamination.
FLOOD Resulting from flood or the rolease of water from natural or man-made bodies of
water, whether or not caused by or contributed to by an Insured peril. Howevc
liability Is specifically assumed for additional loss or damage (t) by ensuing firfe,
sprinkler leakage or explosion, all as defined and limited In Section II of this Pd;cy,
to properly designated and described as Insured under Section tl of this Policy, and
(2) by an ensuing Accident, as defined and limited In Section III of this Policy, to an
recto. MU, semU e✓eav ttft% (4ff# W faPn
I P' cJwe 0$,J DetfmDel I f061
Nw"dd Muix%se"I PAGE 309 16 s.,oe.udes October I UNr
r '_'PFy}i.._.~..'3'.``i Tf' Teo-e~ 9`~w3,' -.v~ zr.g~ fi °'t-R ie. r„ ?.lye •'':+Y,'r y-`r; - <`.r/,sir ,r "
JXAS Rarrrl Ft I.0.1 nwe+l
04 SECTION II (Cont'd)
FLOOD Object designated and described as'-Object Covered" in Section III of this Policy,
(Cont'd) resulting from fiood or tl* release of water from natural or man-made bodies of water.
For the purpose of this Policy, flood includes but is not limited to tidal wave or
seismic sea wave, wave wash, high water, or ovnrflow, uurface or rising water, all
whether or not driven by wind.
LAW OR Resulting from any law or ordinance which regulates construction, repair, replace-
OPOINANCE ment, use, or which necessitates demolition of any undamaged portions of property
I on the premises described herein
LAN[ To land.
SECTION II
STAND* AD PnOVISiONS
(Applicable to Fire and Extended Coveragas Only se Defined In this Socilon of the Polley)
PERILS INURED AGAINST
this Polley coven any dirsot loss or damage as defined and limited herein end elsewhere In this
Polley to the herein Insured property caused by the perils hsrelnafter deilnod:
FIRE I, Fire.
LIGHTNING 2. Lightning.
WIND OR 3. Direct action of it hail, inc'uding expense necessarily incurred by the
HAIL Insured for removal of debris or other property not covered by the terms of this Policy.
olown by wind upon said premises. but this Comparry shall not be liable for any loss
or damage: _
(A) Caused by rain, sleet, snow, sand, or dust except That liability is assumed
hereundef for toss or damage caused thereby when such rain, sleet, snow, sand, or
dust shall enter buildings through openings concurrently broken open by
t1) direct force of the wind,
(2) substance driven by the wind,
(3) hail;
however, if flood ensues or occurs coincident therewith, Ihen the liability assumed
hereunder for foss or damage due to such rain. sleet, snow. sand or dust is limited to
the damage above the flood high-water mark
(B) Caused when weight of snow, rainwater, ice or steel is a contributing factor
to the fail or collapse of a building or structure or any part thereof.
(C) To the following property
SPRINKLER 4. Sprinkler leakage, meaning thereby loss or damage due to water or other sub-
LEAKAGE stance discharged from any part of the lire protective equipment for the described
premises or adjoining premises.
The term "fire protective equipment" shall be held to include tanks, water mains,
pipin;7, hydrants, or valves, and any other equipment whether used solely for fire
protection or jointly for fire protection and for other purposes but shall not be held to
Include,
=ACS Mutual $eryKe BureeJ 111100~ r4r1 wy rwrn
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$1111OTION If (Cont'd)
SPRINKLER (A) branch pipin gfrom & joint system where such breeCMe are used entirely for
LEAKAGE purposes other than fire protection;
(Cont'd) (8) any underground weer mains or appurtenances located outside of said
premises and forming a part of the public water distribution system;
(C) any pond or mservoir In which the water Is Impounded by a dam.
(0) any aqueduct, pentitock or their associated surge, Tanks.
In the event of such loss ordltmage, liability is also specifically assumed for the cost
(with due allowance for depreciation) of restoring Ind damaged portion it the fire
protective equipment if such equipment is Insured under the terms of this Policy,
except that liability for restoring the damaged portion of such fire protective equip-
merit Is limited to the colt of restoring only that portion from which the waist or other
substance causing the loss or damage was discharged.
Liability is also specifically assumed for
(a) the collapse. rupture or fell of tanks forming pert of such fire protective
equipment or the component parts or supports of such tanks;
(b) damage to such fire protective equipment due to freezing.
LIQUID 6. Escaped liquids, meaning thereby aceldf ntal discharge, leaNis e, backup, or
DAMAGE overflow of liquids from within piping, pluclblog systems or I► mks locateo on the
described premises in excess of a specific peril deductible if $25,000 lot each
occurrence, but there shall be no liability under the terms of f►ila Clauoe for; (a) loss of
or damage to such escaped liquids, including all materials In solution or suspension
in the liquids al the time of the esospa, (b) tho cost of locating and repairing the fault
that permitted such escape, (c) property In transit, (d) the east of removing or
recovaring such escaped liquids, including all materials in solution or suspension In
the liquids at the time of the escape, (e) loss or damage resulting Irom the escape of
liquids into or from piping, equipment or vessels contained within other piping,
equipment or vessels or from the flow of liquids between interconnected piping,
plumbing systems or tanks, (1) loss or damage due to water or other substance
dischered from anpart of lire protective equipment as defined in the Sprinkler
g any g property: p......
Leaks6& Clause of this Policy, or (g) the bllowin
EXPLOSION 8, Explosion, but this Compeay shall not be liable under the terms of this clause for
an, toss or damage occasloned by or Incident to explosion in or of the frifowing
equipment, owned, operated or controlled by the Insured:
(A) steam bo„ers, steam turbines, steam engines, and steam pipes intercon-
nticling any of the foregoing:
(8) moving or rotating machinery or parts thereof when such direct loss or
damage is caused by centrifugal force or mechanical breakdown;
(C) ct~mbuslion gas turbines;
(0) any products manufaclueed by the insured or other property atlsohed there.
to or forming or to form a part thereof undergoing pressure tests to the extent of the
loss to such property,
Liability is specifically assumed for lose or damage resulting from:
(a) theexpfokmof.bccumAtitedcombustible gases orunconsumedfuel within
the furnace of a boner or pressure vessel, other than combustion gas turbines, or
within the Was or passage! which conduct the glade of combustion therefrom;
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(b) a combustion explosion outside at any equlpmant excluded above even
Ihoug-h-euoh con+buslion explosion may have been the direct result of the explosion
of such excluded equlprnent,
the following are not explosions within the Intent or meaning of this clause,
(a.) electric arcing or any coincident rupture of electrical PAulpment due to such
arcing;
(b) burating or rupture caused by frbeting;
(c) sonlo shock waves, generally known as "sonic boom",
RIOT 1. viol, Civil Commotion, Vandalism and Malicious Mischief, Including loss or
CIVIL damage;
COMMOtION (A) done toy strikers;
VANDALISM (8) done iecrelly by a foreign enemy or agent of any government (de facto or
MAC-HItF 3 otherwise) and not In Connection with operations of armed lotces in or against the
Ml$f NI~F
country where the described premises are situate;
(C) from theft, pillage or looting during and at the Immediate place of a riot or
civil commotion or "sit-down" strike;
(b) caused by bu►plars to buildings and structures excluding, however, pilfer.
a,,Ie, theft, burglary or (larceny.
This Company shall not be liable under the terms of this clause lot loss or dalhage
resitting from;
(a) Increased cost of operation or maintenance;
(b) depreciatloo, delay, deterioration, change In tomporalure, humidity or
atmospheric condltlons, interference with customary operations, loss of market, or
any other consequential or Indirect loss of any kind. whether or not loss due to such
confingency is covered by this policy as to other perils;
(c) Inability of insured to carry on normal operations because of strike or to"
caused by the deliberate slowing down or the Interfering with business operations on
the part of any employee or employees;
(d) operations of armed forces In or against the country where the described
premises are situate,
CIVIL 8. Acls of destruction at the order of civil authority or mililaryor usurped power at the
AU?HORItY tirne of and for the purpose of preventing the spread of fire, provided such lire dl~ not
originate from any of the perils herein specifically excluded.
VEHICLES 9 impact of vehicles, other than aircraft. while moving on land or tracks, except that
this Company shall not be liable by the terms of this clause:
(A) for loss or damage caused by any vehicle owned 7r operated by the Insured
or by any tenant of the described premises or by any employee of either except that
liability is specifically assumed for defect loss or damage to buildings or structures
covered under this policy;
(g) for any loss or damage to any vehicle or parts thereof causing the loss
whether or not otherwise covered by this policy.
(C) for ordinary wear and tear or accumulalive damage to properly.
AIFICAAFT id. Impaetolalrcrallormleailesotobjeclsfalling therehomormeteorites, However.
this Company shall not be liable by the terms of this Clause for loss or damage
caused by any aircraft when being taxied or lowed inside or outside of buitdings,
except that liability is apecitically assumed for direct loss of damage to buildings or
structures covered under this poHoy,`
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TEXAS 1111,611111111 11, t+wfl ,
SECTION It (Conl'd)
SONIC BOOM 11. Sonic shock waves, generally known as "stinio boom," except that in event of
loss or damage to buildings or structures covered under this Policy, this Company
shall be liable only for such loss or damage as may exceed a specific peril deducti.
ble of $5,000 for each t:uch occurrence.
SMOKE 12. Smoke, except accumulative damage, resulting from the sudden, unusual and
faulty operation of any statloncry lurnacA located on the described premises.
MOLTEN 13. Heat from molten material Witch shall have accidentally escaped from equip-
MATERIAL ment, but there shall be no I100;ty assumed by the leans of this clause for:
(A) loss or damage to such escaped material;
(B) the coat of removlnn or recovering such escaped material;
(C) the cost of repairing the fault which permitted such.accidental escape,
RADIOACTIVE 14. Sudden and accidental Radioactive Contamination, Irleludlr%g resultant radla-
CONTAM• tion damage In excess of a specific peril deductible of $5,000 for each occurrence,
(NATION from material used or stored or from processes conducted on the described prem.
Ises, provided that at the tune of such loss there is neither a nuclear reactor capable
of sustaining nuclear flsslcn in a self-supporting chain rw:lion nor arty new or used
nuclear fuel on thu described promises,
COLLAPSE 16. Collapse of buildings, structures ora material part thereof in excess of a specific
peril deductible of $25,000 for each occurrence, except that there shall be no
liability for loss or damage caused by or resulting from explosion, Implosion, flood,
earthquake, landslide, subsidence or any other earth movement. Collapse shall not
mean settling, cracking, shrinking, bulging, or expansion of pavements, founda-
tions, walls, floors, ceilings or roofs. This Company shall not be liable under the
terms of this clause for any loss or damage to: (a) property in transit, (b) property
located underground, or (c) the following property:
Alr•Supported Structures
VOLCANIC 16. Loss or damage to insured property resulting from lava or other material ex.
ERUPTION pelled by volcanic action. There shall be no coverage provided by this clause for
earthquake, subsidence or other earth movement.
PROPERTY ALSO COVERED UNDER THIS SECTION
NEW 1, If this Policy covers real property, it shall also cover;
BUILDINGS (A) New buildings and other structures, and additions, now in process of erec•
AND tion or hereafter erected on the described premises, including alterations and
ADDITIONS repairs to buildings and structures herein insured; also (1) materials and supplies
therefor and (2) equipment, machinery and apparatus for the service thereof, all
when on such .remises or within 500 feet thereof;
(B) All contractors' interests in such property to the extent that the Insured has
agreed, prior to loss, to keep such interests insured, or for which the Insured a liable,
CONTENTS 2. If this Policy covers personal property, it shall also cover personal property not
OF NEW otherwise excluded herein in new buildings, additions and ocher structures de•
BUILDINGS scribed under the 'New Buildings and Additions" clause above.
PROPERTY 3. If this Policy covers buildings, machinery or structures it shall also cover tanks,
LOCATED flues, pipes, drains, tunnels, wiring or other equipment and passageways located
UNDERGROUND underground on premises containing the property described herein and appurte-
nant thereto, and if such premises are not located in the State of Ohio, the Policy is
further extended to cover foundations of buildings, machinery and structures,
whether or not underground,
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Nor*Dw MossscMrNAs PAGE I Of 15 ISuMild" Oclow 1. 1979!
EXAS Far9r Fitt 04 (11,911
04 SECTION I! (Corit'dl
PROPFRTY 4. Thls Policy also coves property appurtenant to the business of the Insured and i
OUTSIDE OF similar to property herein insured (not otherwise insured or not excluded by this
BIALDIN-OS Policy) outside of buildings and railroad cars (a) when on a described premises or
(b? it personal propoir~f, when within 600 feet thereof.
ROLLING 5 This Policy also covers Railroad Rolling Stock and. it this Policy covers personal
STOCK property. the contents of such Railroad Rolling Stock and other vehicles, all when at
the riskof the Insured and while on the Uescnbed premises. or within 500 feet thereol.
PROPERTY 6 This Policy also covers properly appurtenant to the business of the Insured when
REMOVED removed from the described premises to any location in the United Stales. Pueho
FROM Rico. or Canada for the purpose of being repaired. serviced. exhlblled. or in order to
DESCRIBED avoid threatened damage from flood, excluding (a) property otherwise insured. (b)
PREMISES property excluded from the insurance under this Policy or (c) property removed from
the described premises for normal s!orage o• processing or preparation for sale or
delivery, Liability uncle; this clause is limited loan amount not exceeding $50.000. or j
the lace amount of the Policy, whichever is smiller• and to a period of 60 days from
date of removal. No coverage is provided under this clause on property in transit
AUTOMATIC 7. Unless such property is otherwise insured, this Policy also
COVERAGE covers up to a limit of 3100.000 or 1% of the face amount of the Policy. whichever is
smaller, and for a period of 90 days from date of acquisition, at any location in the
United States. Puerci Rico or Canada rented or purchased by the Insured after the
inception date of th s Policy. No coverage is provided under this clause on property
in transit.
The provisions of the preceding clauses 1.7 shall not increase any amounts or limits
of insurance provided by this Policy,
GENERAL CONDITIONS
OTHER With respect to coverages afforded under this Section, the following conditions shall
INSURANCE apply in the event of other insurance If at time of loss there is other insurance,
whether collectible or not, covering any property included under this Policy against
any of the hazards insured against by this Section. the liability of this Company shall
not exceed that proportion of the loss which the amount of fire insurance under this
Policy bears to the total fire insurance in force on any of the property covered under
this Policy limited by the following:
1 It such other insurance is not written upon the same plan. terms, conditions and
provisions as those contained in Sections I and II of this Policy then this Policy shall
apply (except as to motor vehicles, loss or damage to electric apparatus by fire
caused by an electric current aitificially generated and loss or damage by explo-
sion) only for the difference between the amount for which such other insurance
would be liable if insurance provided by this Policy did not exist and the total amount
of such loss.
2 If at the lime of loss caused by explosion or by fire due to electrical current
artificially gt,,L.tiled mere is insurance other than fire insurance or fire insurance
with extended coverage applicable to such loss, the loss. to which both the insur-
ance provided by this Section and such other insurance applies, shall be known as
"Joint Loss". In the event of such inf foss":
(A) This Company shall be IOWA. under this Section only for the proportion of the
said Joint Loss that the amount which would have been payable under this Sectlon
on account of said Joint Loss, had no Insurance other than lire Insurance or fire
insurance with extended coverage existed, bears to the combined total of the said
amount and the arnoull Thai would have been Oayable under all other Insurance on
account of said Joint Loss had there been no insurance under this Section, but
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04 SECTION Ii (Copt`s)
OTHER (B) In case the Policy or Policies, other than fire insurance or fire insurance with
INSURANCC- extenders coverage, do not contain prc lisions similar to those In (A) above. then this
(Conl'd) Company shall not be liable under this Section for any loss or damargo caused (1) by
explosion. (2) by fire to the equipment in which the loss originated whc,'i ;aused by
electrical current artificially generated.
3. 11 this Policy is divided into more than one item, the foregoing conditions shah
apply to each such item separately.
CONSEOUEN• 11 is understood and agreed that in the event of direct damage to any property situate
TIAL DAMAGE on the described premises by reason of any peril insured against by this Section,
and such damage, withoul the intervention of any other independent cause, results in
a sequence of events which causes physical damage to other property insured by
this Policy, then this Policy will cover such resulting ions or damage,
The liability of this Company includes only the loss Incurred during such period as
would be required with the exercise of due diligence under normal conditions to
repair or replace the damaged property, and does not Include any liability resulting
from inability of the Insured to make repairs or replacements because of strikes or
labor disputes. Nothifig in this clause shall be deemed to extend this insurance to .
property which is otherwise specifically excluded from coverage by the terms of this
Polio,.
Liability is not assumed for loss or damage resulting from lack of incoming electric-
ity, fuel, water, sleam or refrigerant caused by an occurrence off the premises
described in this Policy unless specifically endorsed herein. However, if the lack of
such a service causes a peril Insured under this Section to occur on the descrit±2d
premises, this Section shall cover the resulting damage.
EXCLUSIONS
This Company shall not be liable udder this Section for lose or damage,
MOTOR 1. To motor vehicles when such loss or damage is otherwise insured in whole or in
VEHICLES part. nor for the Insured's legal liability therefor, except that if this Policy covers
personal property, li&hly is specifically assumed for the Insured's legal liability (if
not otherwise Insured) for loss or damage from the hazards hereby insured against to
motor vehicles whito in the custody of the Insured and on the described premises:
(A) if the product of the insured, sold but nol deiiyered, or held for the account of
others:
(B) for experimentation, adjustments or repairs; or
(C) for the purpose of loading or unloading materials or supplies.
ELECTRICAL 2 Caused by electrical current artificially generated except for loss by fire ensuing
CURRENT cherefrom: electrical arcing itself is not a fire within the intent or meaning of this
Policy:
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!XAS Form FIIIIE•0•1 psou
SECTION III
STANDARD PROVISIONS
(BM 00 16 07 81)
INSURING AGREEMENT
(Applicable to Boller and Machinery Coverages Only
At Defined In this Sectltri of the Policy)
The Insuring Agreement, Conditions, Definlt".one and Special Provisions and other terms o, this
Section shall apply only as specified herein and none of the provisions, stipulations and ether
lerms of the other Sections of this Polley shell apply to Insurance hereunder.
In consideration of the Premium, the Company agrees with the Insured respecting loss from an
Accident. as defined herein, occurring during the Policy Period. loan Object, as defined herein, while the
Object is in use or connected ready for use al the Locafion specified for it in the Schedule or Endorsement,
subject to the Declarations, to the Exclusions and Conditions to other terms of this Policy and to the
Schedules and Endorsements issued to form a part thereof, as follows
Coverage A - Lost to Property of Insured
To PAY for loss to the property of the Insured directly damaged by such Accident (or. It the Company
so elects. to repair or replace such damaged property), excluding (a) loss from fire concomitant with or
following an Accident or from the use of water or other means to extinguish fire. (b) loss from an Accident
caused directly or indirectly by lire or prom the use of waver or other means to extinguish firq, (c) loss from a
combustion explosion outside the ObjerA ^oncomilant with or following an Accident. (d) loss from an
Accident caused directly or indirectly by a combustion explosion outside the Object, (e) loss from flood
unless an Accident ensues and the Company shall Iheri be liable only for loss from such ensuing
ACCIDENT. (f) loss from delay or interruption of businessor manufacturing or process, (g) loss from lack of
power. light, heat, steam or refrigeration and (h) loss from any other indirect result of an Accident;
Coverage 8 - Expediting Expenses
.J
To PAY to the extent of any indemnity remaining alle, payment of all toss as may be required under
',overage A, for the reasonable extra cost of temporary repair and of expediting the repair of such
damaged property of the Insured. including overtime and the extra cost of express or other rapid means of
transportation, provided the Company's liability under this Coverage shall nnl exceed $5.000.
Coverage C - Liability for Properly of Others
To PAY. subject to Exclusions (a) through (h) stated in Coverage A to the extent of any indemnity
remaining after payment of all loss as may be required under Coverages A and B. such amounts as the
Insured shall become legally obligated to pay for loss to property of others in the care, custody or control
of the Insured, directly damaged by such Accident
Coverage D - Defense Settlement, Supplementary Payments
To defend the Insured against claim or suit alleging liability under Coverage C. unless or unl:l the
Company shall elect to effect settlement therrol, and to pay all costs taxed against the insured In any legal
proceeding defended by the Company in accordance with such coverages, all interest accruing after
entry of judgment rendered in connection therewith up to the dale of payment by the Company of its share
of such judgment. all premiums on appeal bonds required in such legal proceedings all premiums on
bonds to release attachments for an amouni not in excess of the applicable; limits of liability for Coverage
C and all expenses incurred by the Company for such defense; the amounts incurred under Coverage D
are payable by the Company irrespective of the Limit per Accident, excem settlements of claims and
suds;
Coverage E - Automatic Coverage
With respect to any properti hereafter acquired by the Insured. any Object in use or connected ready
lot use at the time said properly is acquired and which would be included by any Blanket Group
Descnphon designated and described in any Schedule forming a part of the Policy shall be considered as
added to the Policy as of the time said prope.ly is acquired by the insured. all subject to the following
conditions;
i
(1) The insured shall notify tha Company in writing within 90 days after the date said properly Is
acquired
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SECTION III (Cont'd)
(2) The insured agrees to pay an additional premium for Insurance In accordance with the Com-
pany's Manual of Rules and Rates applicable to such change.
(3) Loss from Art Accident to any Object shall be subject to the highest limit per accident applicable
to any Object which would be included by any Blanket Group Description designased and,
:described in any Schedule forming a part of the Policy.
(4) The Company shall not be liable under this Coverage for Consequential Damage, Business
Interruption or any other Indirect loss resulting Irom or Accident to any Object,
(5) This coverngrr shall only apply to any Object within the United Stites, Canada and Puerto Rico.
CONDITIONS
1. Definition of Accldon!
As respects any Object designated and described In the Schedules. "Accident' shall mean, unless
otherwise stated in a Schedule or Endorsement, a sudden and accidental breakdown of the Object, or a
part thereof, which manifests itself at the time of its occurrence by rfiyelcal damage to the Object that
necessitates repair or replacement of the Object or part thereof; but Aacldent shall xt mean:
(a) depiction, deterioration, corrosion, or erosion of material;
(b) wear and tear:
(c) leakage at any valve, fitting, shalt seal, gland packing, joint or connection;
(d) the breakdown of any vacuum tube, gas tube or brush:
(e) the breakdown of any electronic computer or electronic data processing equipment;
(t) the breakdown of any structure or foundation supporting thu Object or any part thereof;
(9) an explosion of gas or unconsumed fuel within the furnace of any Object or within the passages
from the furnace of said Object to the atmosphere; not
(h) the functioning of any safety device or protective device.
2. Malicious Mlachief
Subiecl to the War Damage Exclusion in Condition 3 of this Policy, any Accident, as defined In Condition t
or any Schedule or Endorsement forming a part hereof, arising out of strike, riot. civil commotion, acts of
sabotage. vandalism or malicious mischief, shall be considered "accidental" within the terms of said
delinition,
3, Exclusions
(1) War Damage Exclusion - This Policy Joes not apply to loss from an Accident caused directly or
indirectly by
(a) hostile or warlike action, including ection in hindering, combating or defending against an actual,
impending or expected attack, by
(i) any government or sovereign power (de jure or de facto) or any authority maintaining or us,ng
military. naval or air for,.es,
(ii) military, naval or air forces, or
(iii) an agent of any such government, power, authority or forces;
(b) insurrection, rebetlton, revolution, civil war or usurped power, including any action In hinderlog,
combating or defending against such an occuirrence, or by confiscation by order of any govern-
ment or public authority.
(2) Nuclear Energy Sxcluslon This Policy does not apply to loss, whether it be direct or Indirect,
proximate or remols,
(a) from an Accident caused directly or indirectly by nuclear reaction, nuclear radiation or redioac•
live contamination, all whether controlled or uncontrolled; or
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SECTION III (Cont'd)
(b) from nuelear reaction, nuclear radiation or radioactive contamination, ail whether controlled or
uncontrolled, caused directly or Indirectly by, contributed to or aggravated by an Accident;
nor shall the Company be liable for any toss covered in whole or in part by tiny contract of Insurance,
carried by the Insured which also covers any hazard or peril of nuclear reaction or nuclear radiation;
4. Notice of Accident and Adjustment .
When an ALcidenl occurs, written notice shell be given by or on behalf of the Insured to the Company or
any of its authorized r,genis as soon as practicable. The Insured shall give like notice of any claim made
on account of such Accident The Company shall have reasonable time and opportunity to examine the
property and th, promises of the Insured before repairs are underial,.en or physical evidence of the
Accident is removed, except for protection or salvage. Proof of loss shrill be made by the insured In such
form as the Company may require. If suit Is brought against the Insured for lose to which this insurance Is
applicable. the Insured shall immediately forward to the Company ary summons or other process served
upon the Insured The Insured upon request of the Company shat; render every assistance in facilitating
the investigation and adiustment of any claim. submitting to examinatlor+ And Interrogation by any
representative of the Company.
In the event of disagreement between the Company and the Insured as to the amount of loss on the
property of the insured for which the Company is liable under this Policy, each shall, on the written
demand of either, select a competent and disinterested appraiser, The appraisers shall first select a
competent and disinterested umpire, and failing ter fifteen days to sgres upon such umpire, Then on the
request of the insured or the Company, such umpire shall bri selected by a judge of a courtol record in the
Stale in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately
the actual cash value at the time of lass and the amount o' loss and upon failure to agree shall submit their
difference to the umpire An award in writing of any two of said three persons shall determine the amount of
said loss The Insured and the Company shall pay the appraisers respectively chosen by each and shall
share and pay equally for the umpire and for other expenses of appraisal. The Company shall not be held
to have waived any of its rights by any act relating to appraisal.
The Insured shall not voluntarily assume any liability or jncur any expense, other Than al the Insured's a.m
cost except as otherwise expressly permitted in this Policy, or interfere in any negotiation forsettiementor
any legal proceeding without the consent of She Company previously given in writing.
6. U",11. iser Accident
The Company's total liability for loss from any One Accident shall not exceed ',he amount specified as
Limit per Accident The term 'One Accident" sf~alt be taken as including ail resultant or concomitant
Accidents whether to one Object or to more than one Objector to part of an Object The inclusion herein of
more than one Insured shall not operate to increase the tim:ts of the Company's liability.
Or Blanket Grou4 Plan
With respect to a described group of Objects opposite which the word "Blanket" is entered in the column
caAtloned ' des pealing No of Object" of any Schedule forming a part of this "olicy each Object, of ouch
group of Objects shall be considered as being designated and described in such schedule and the
premiums for all kinds of insurance afforded by the Policy as applicable thereto shall be adjusted as
follows
(a) any premium apolicr bfe to such group or groups of Objects shall be adjusted. as of the effective
date such'nsurance applies, on the basisof the information obtained at the timeol the Company's
sur%ey of such Objects that are in use or connected ready for use as of said effective date;
(b) an lldditional premium shall be charged for additional Objects, nluded in Phis Policy in
accordance with the terms and provisions of this Condition, which are located in nraw structures or
slrlrclurr i addilions constructed after the effective date of this Policy, such additional premium to
be computed pro rata from the time such additional O acis are connected, ready tot use; and
f oc" MuWe, lomcl evilit r etodl comgny form
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TEXAS Forst FMU4161 o"'11
IECTION III (Conf'd)
(c) a return premium shall be allowed for Insured Objects located In structurass or structural additions
removed after the effective dale of this Policy, such return prem€ur, to be computed pro rata from
the time such Objects are disconnected.
7. Inspection
The Company shelf be permitted but not obligated to Inspect, at ail reasonable times. any Object
designated and described in a Schedule forming apart of the Policy. Neither the Company's right to make
inspections nor the masking therool nor any repod thereon shall constitute an undertakingp, on behall of cr
for the benefit of the Insured or others, to determine or warrant that such Object is safe or healthful,
1. Suspension
Upon the discovery of a dangerous condition with respect to any Object, any represonlative of the
Company may immediately suspend the Insurance with respect to an Accident to said Object by written
notice mailed or delivered to the insured at the Address of the Insured, as specified In the Declarations, or
at the location of the Object, as specified for it in the Schedule or Endorsement, Insurance so suspended
may be reinstated by the Company, but only by an Endorsement Issue to form a part of this Policy and
signed by an Officer of the Company. The Insured shall be allowed the unearned portion of the premium
paid for such suspended insurance. pro role, for the period of suspension,
9. Property Evaluation - Coverage A
The limit of the Company's liabi lily for loss to the property of the Insured shall not exceed the actual cash
value thereof at the time of the Accident. If. as respects the damaged property of the Insured, the repair or
replacement of any part or parrs of an Oujr3ct Is Involved, the Company shall riot be liable for the cost of
such repair or replacement m excess of tho actual cash value of said part or parts or in excess of the actual
cash value of the Objects, whichever value is less. Actual casnvalue in ail cases shall be ascertained with
proper deduction for depreciation, however caused,
10. Other Insurance - Coverages A and B
The words "Joint Loss", as used herein, mean foss to which both this Insurance and otherinsurance carried
by the Insurel apply. In the event of such "Joint Losf, ,
(a) The Company shLI1 be liable under this Policy only for the proportion of said Joint toss that the
amount which would have been payable under this Policy on accountof said Joint Lose, had no
other insurance existed, bears to the combined total of the said amount and the amount which
would have been payable under all other insurance un account of said Joint Loss, had there been
no insurance under this Policy, but
(b) in case the Policy or Policies affording such oche! insurance do riot contain a clause similar ib
Clause (a), the Company shall be liable under this A*llicy only for fie proportion of said Joint Loss
that the amount Insured under this Policto, applicab,e to saiu Joini Loss, bears to the whole
amount of insurance, applicable to said Joint Lars.
11. Other Insurance -Coverage C
The insurance if any, afforrilad by this Policy with respect to toss under Coverage C shall be excess
insurance over any other valid and c4!!:aibte insurance available to the insured. As used herein, the
words "other valid and collectible insurance" include any deduclihle or tself•inssired retention provls€ons
to which such insurance r ° s ibject.
12. Action Against C •mpr. axcspl Coverage C
No action shall lie against the C- any unless, as a condition precedent thereto, the Insured shall have
fully complied with ali *'is terms thlb Policy nor unl%*si commenced within fourteen mionths from the date
of the accident,
13, Action Against Company - Coverages C and 0
No action shall lie against the Company unless, as a caldition precedent thereto, the Insured shall have
fully complied with all the terms of this Policy, o for until ti1e amount of the insured's obligation Ip pay has
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SECTION III (Cont'd)
been linally determined either by judgment against the Insured after trial or by written agreement of the
Insured, the claimant and the Company, The Insured upon request of the Company shall aid jr. affecting
settlements. in securing evidence and the attendance of witnesses and in prosecuting appeals.
Any person or organization or the legal representative (hereof who has secured such Judgment or written
agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded
by lh s Policy Nothing contained in this Policy shall give any person or organization any right to join the
Company as a co-defendanl in any action against the Insured to determine the Insured's liability.
Bankrupicy or insolvency of the Insured of of lhetnsured'a estate shall not relieve the Company of any of its
obligations hereunder.
14, Subrogellon 1
In the event of any payment .nder this Policy. the Company shall be subrogaled to the Insured's right of
recovery therefor against arjy person or organization and the Insured shall execute and deliver instru-
menls and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing
a'ler the Accident to prejudice such rights,
15. Assignment
Assignment of interest under this Policy shall not bind the Company until its consent is endorsed hereon; if
however, the Insured shall die or be adjudged bankrupt or Insolvent during the Policy Period, this Policy,
unless cancelled. shall, if written notice be given to the Company within sixty days after the date of such
death or adjudication, cover the Insured's iegal representative as the Insured.
16. Chenges
By accepting ;his Policy. the Insured agrees that this Policy embodies all agreements existing between
the Insured and the Company or any of its agents relating to this insurance. Notice to any agent or
knowledge possessed by any agent or by any person shall not effect a waiver or a change in any part of
rhos Policy or estop the Company from asserting any rights under this Policy; nor shall the terms of this
Policy be waived or changed, except by Endorserienl issued to form a part of this Policy, signed by an
Authorized Representative of the Company. The additional or return premium for any such Endorsement
shalt be computed in accordance with the Company's Manual of Rules and Rates •ipplicable to such
change
17. Cencefletloh
This Policy may be cancelled by the Insured by mailing to the Company written nolic3 siating when
thereafter such cancellation shall be effective. This Policy may be cancelled by the Company by mailing
to the Insured at the Address of the Insured, as specified in the Declarations, written notice sta' , j when
not less than ten days thereafter such cancellation shat; be effective. The mailing of notice as aforesaid
shall be sufficient proof of notice and the elfeclive date and hour of cancellation slated in the notice shall
become the end of the Policy Period. Delivery of such written notice either by the Insured or by the
Comoany shall be equivalent to mailing
II Ihr; Insured cancels, the return premium, it any, shall be computed in accordance with the Company's
Manual of Rules and Rates and may reflect a penalty If the Company cancels. the return premium shall be
computed pro rata. Premium adjustment may be made at the time cancellation is effected and, if no! then
made, shall be made as soon as practicable after cancellation becomes effective. The Company's check
or the checkof its representative mailed or delivered as aforesaid shall be a sufficient tender of any refund
of premium due the Insured.
The determination of the return premium for any cancellation shall be subject to the Minimum Premium
Requirements Rules set forth In the Company's Manual of Rules and Rates applicable. If the premium for
this Policy has been determined by applying any disc,)unt In accordance with a. premium Gradation Plan,
the determination of the return premium for any cancellation shall also be b:ubject to the Premium
Gradation Rules set forth In the Company's Manual of Rules and Rates applicable.
0AVON MuiuxI serece BVNU rilock Compsny>10em ERKbve Oau Oenmeer I INN
Nw*,Ytl 4.ssechvsetts IiAGI 14 OR I$ t9AWseeeloaobn 1, 19►9)
A .fv ~'y rrK .,.'WJ', n n :~,a 'rt y.
rrix Form FM1114-1, tii)
i
SECTION III (Cont'd)
I
11, Iahedules and Endorsements
The insurance afforded hereunder shall apply only to loss from an Accident to an Object designated and
described in a Schedule or Endorsement forming a part hereof, and containing the description of such
Object, the definition thereof and other provisions as applicable to the said Object.
It. Premium Psyment
The Policy premium shall be payable annually. If the term of the Policy exceeds one year the premium for
the year following each anniversary shall be subject to adjustment on each anniversary date in accor-
dance wilh the rules, rates and forms which are in effect on such annlversary date.
20. Earthquake Wn+llation
With respect to loss resulting directly or Indirectly Iron Earthquake.
(a) this Policy does not apply unless an Accident ensues end the Company shall then be liable only
for loss from such ensuing Accident.
(b) the term "Earthquake" shall Include but shall not be limited to landslide, subsidence. tsunami c!
any other earth movement which is directly caused by or resulting from Earthquake
(c) the total liability of the Company for any One Occurrence with respect to Coverages A, B. and C
and the Endorsements of the Policy shall be the larger of the following;
(I) $100,000 or
(ii) 20%of the sum of thb applicable limits under this Policy and its Endorsements, but in no event
shall the said liability exceed 54500,000.
(d) the term "One Occurrence" shall be taken as Including all Earthquakes within any period of
seventy-two consecutive hours.
(e) if toss at two or more Locations is involved in One Occurrence, the deductible provisions of this
Policy and its Endorsements shall apply separdlely to toss and expense at each of the said
Locations
(1) the provisions of this Condilion shall not apply if the suns of the applicalle limits is $100,000 or
less
$1. Deductible Insurance
The amount of $250 shall first be deducted from the total tl ootiol of loss and expense of the kinds that the
Company would be liable for under Coverages A. B and C of the Insuring Agreement of the Policy, with
respect to any One Accident, and the insurance underthe Policy shall not apply to any part of such amount
deducted.
rka,r tMwt &r"u e,r~~u Stock Cornwir faro Eev;IM Oar Drr~br t. ICI
Norn'- f 1~1aNUt~ne PAN It o► is IDuWrNdM Qcwbm 1. 111#)
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TEXAS Form IrMB-t a • o:li)
OECTION M IConl'c:,
22. Intreas+ d Coat LImNoilons
this Polity toes not apply to any increase in Iha loss necessitated by any ordinance, law, regulation, rule
cr ruling regulating or reslrIOing repair, alteration, use, operation, construction or installation If. as the
result of a Accident, any property is damaged, contaminated or polluted by a substance declared by an
authorized governmental agency to be hazarrouv to health, the Company's liability under Coverages A. B
and C for additional expenses incurred for cleanup. repair or replacement or disposal of that damaged.
contaminated or polluted property shall not exceed $5,000. This limit Is part of and not in addition to the
l imit per Accident. As used here, additional expe~ ws mean expenses incurred beyond those for which
the Company would have been liable it, no substance hazaodous to health had been involved in the
Accident
Arkwrlght•Boaton Insurance Company
Ii
r►cro[r MRu+i Se.xt Ovl~o ~eetw tOmM!W fam Er~d~~ nape DftcM:r r +9br
Woo" MIssfe""s PAGE 1#0 is ~~M Haeldco0t1 H~4r
'~~M1£O ~N;134
1
1
V
04 TEXAS DEDUCTIBLE CLAUSE
In consideration of the stipulations and conditions not Inconsistent herewith which are contained
in the Policy to which this Endorsemact is attached it Is understood and agreed oast In case of
toss or damage from the perils Insured against by this Policy, this Company shall be liable fog` the
excess over and above an initial net loss to the Insured of dollars In each and
every loss occurrence, except that this Company shall not be liable for a waster >oportlon of the
excess than the amount hereby Insured shall bear to the whole Insurance covering the property
against the peril Involved, whether collectible or not, The Initial net loss shall be determined
after deducting any salvage and recoverles from any source other than this agreement.
When, in connection with Pny loss hereunder, any idvegs, or recovery !a received subsequent to
the payment of such loss, the loss shall be figured on the basis on which It would have been
settled had the amount of selvage or recovery been known at the time the loss was originally
determined.
It is fu: they understood end agreed that M respect of each and every loss occurrence, the Initial
loss retention stated above shalt be retained by the Insured at his own risk and not insured in any
way.
See Schedules
ARKWRICHT-BOSTON INSUR"CE COMPANY
TXD • 8 8•t-01
Masud
Tius FMa SchWule
Fwrh eM 9 50
11 M OUL21110......,.1.., of
This Schedule forms o poll of Policy No. 699001 From .D¢canber )lx
es"*" Det/ Etptt/bon Dole
fneuted CITY GF DENTON/ TEXAS
Lotupoo of Obiecfs described below See Schedules k►dex No. Various
n/m Er4w/enlont S~cuon DsNenet<M
t o.u/ pe
w
Ne. • Db{eel clever"" NM el objects - OMe101100619"
He No. of
TEXAS All-Co C0MP-1 BOILERS AND METAL FIRED OR UNFIRED BROAD
FMB-101 DbB PRESSURZ OR VACUUM VESSELSo INCLUD-
ING ASME STAMPED FIBERGLASS R90-
FORCED PLASTIC UNFIRED PRESSURE
VESSELS, REFRIGERATING OR AIR
CONDITIONING SYSTEMS INCLUDING
ADDITIONAL VESSELS AND PIPINvj AND
HZTAL PRESSURE PIPI91G, EXCLUDING
(1) WASTE DISPOSAL PIPING AND (2)
COLD WATER PIPING NOT USED FOR
REFRIGERATING OR AIR CONDITIONING
SYSTEMSt
'f~0 ny~/r1 i/ fM10 tWYeOM td~dltr Ih/ DOMAIMO M/ ~0t1M O'wr1010n1 En/aNM/M +~+th /0 NOUtgN f0 10/ t:et/tl dNP+Ne up000+10 10A i
111 00 +011 ' Otago' U /M0t/1 M Me /010/+a. IM 61"001 et/w HM c0n01t+0n of IM 0,00t0 1001+06 10 ON ohol1/ of tM Move N Ohit bf ditch///
00,1010 tn/ttlo
F3MIGHT-BOSTON INSURANCE COMPANY
' tnH wlOpq. X7.'1
.
r C,f , j.E
Y~x#~ FM9 =chodU19
04 FOIfi SM ISO
M 2
This 6chodule forms s pan of Nolky No. 699001 From.-RACE .09 16,3902 b
isNSwDn1 trMrwlosolt•
Insured CITY OF DENTON, TEXAS
locsllon of ObJo03 dWrWed below Sea Schedules bmx No. Various
Itl~I EMxtsIlw M (I1eMM M Dowdo"m of Ob*w - 00 k rpoNwoM CaMrN
No. AV ' ft obwE
TEXAS COMP-2 CHINESOR APPARATUS WHICH GENERATE, BkZAKDOWH
FHB-102 A RANSMIT, OONTROL, CONVERT OR
CEiVE MECHANICAL, ELECTRICAL,
DRAULIC OR PNEUMATIC ENERGY OR
OWRR, AND APPARATUS WHICH IMPELS
TEXAS ASES OR FLUIDS, EXCLUDINO (1)
FHB-103 ALL EHICLES; (2) ELEVATORS, HOISTS OR
WES (BUT NOT EXCLUDING ANY DRIVING
PARATUS) 1 (3) BELTS, CHAINS, ROPES
R NON-ELECTRICAY, CABLES{ (4) WELL
SINGS, PENSTOCKS OR DRAFT TUBES1 (5)
USING MACHINES{ (6) ELECTRONIC
ATA PROCESSING EQUIPMENT OR ELCC-
RONIC COMPUTER CONTROL EQUIPMENTI
(7) X-RAY MACHINES, SPECTRDGRAPHS,
AGES OR OTHER APPARATUS USING
IOACTIVE MATERIALS; (B) RADIO OR
ELEVISION APPARATUS{ AND (9) PRODUC-
ION MACHINES (BUT NOT EXCLUDINO
"S, COMPRESSORS, FANS OR BLOWERS)
ICH PROCESS, FORM, SHAPE OR TRANS-
ORT RAW MATERIALS, MATERIALS IN
ROCESS, WASTE MATERIALS, OR FINIE;IED
RODUCTS TOGETHER WITH ANY MECHANICAL,
LECTRICAL OR HYDRALFLIC APPARATUS
ED ON THEIR FRAME OR COMMON
ASE, OR FORMING AN INTECRAL PART
EREOY, BUT NOT EXCLUDINO ANY
EPARATELV MOUNTED DRIVING MOTOR,
PUMP OR CONNECTED GEAR SET.
I
,the %obon iN tole eMww+oltiib 00 p,MAiM1 4010011 F16401004 140*14MOM aMih iY 10040,.w. N IM OW N,edoN N►NM IMt
f ffibof
111 As 1,4441 1,61"1" H Met" M IM, 101011106 IM No" 4" !IM c4r4lm of 1,M Mkt UiMI 0 ON60M w IM gqw a oweat 00#40"d
MNHI6 IMAM
ARKWRIGHT,BOSTON INSURANCE COMPANY
In►rwf~pr/15 ~1J
f
04
• •
www"m n imt
it is and stood and aneed that th~ ax losion arvan provld under this Polity aball not be
applicable to ~oss or damap whichn reeti to ~c+ar; la on is or of OIWO~ equ pment awaed,
operated or eontrolied by tM Insuredi
I
Bee Sheet A - Clause 9
AWRICHT-BOSTON INSURANCE COMPANY
Standard Endorsement No. d-A
Effective date May Id, iMd4
.1~~\ Vr wf.
l t ~4 r.
TEXAt11FM0 ENDURUMENTNO.10i+0s1
ENDORSEMENT
ATTACHED TOANDFORMING APART OFTEXAS FORM FWD.1 SECTIONIII
P.dP,IR OR REPLACEMENT
ENDORSEMENT N0, ...1
This Endorsement forms a part of Pnlby No..09909.1....and Is effective from 12:01 A.M. Standard Time 04111,3118 2
Insured ..q T ..4F Doti.... .?t
In consideration of an additional premium deposit of a,,, included ,the Company agrees that loss'
on properly of the Insured as specified In Coverage A of the Insuring Agreement of the policy shall morn the
amount actually expended by the Insured to repair or replace such property of the Insured and Condhfon 9 of
the policy Is deleted, all subject to the followirq provisions:
(1) The damaged property shall be repaired or replaced within twelve months from the date of the Acef•
dent unless such period Is extended with written consent of the Company,
(2) If a coinsurance clause Is applicable to the payment of loss under Cdwerege A of the Insuring Agree.
meat of the policy, the words "replacement cost" are substituted fa' the words "aclual cash value"
wherever they appear in said coinsurance clause.
(3) The Company's liability (or any repair or replacement shall be limited io the sme!1er of the following:
(a) The cost at the time of the Accident to repair the sold property, or
(b) The cost at the time of the Accident to replace the sold properly on the same $60 with properly
of like kind, capacity, size and qualily;
provided that In the event the replacement is by property of a better kind or quality or of larger
capacity or size, the liability of the Company shall not exceed the amount that would be paid if the
replacemenl had been made by properly of like kind, capacity, size and quality,
(4) The Company "it not be IlWe for:
(a) any Increase In the cost of repair o{ replacement necessitated by any ordinance, law, regu•
latlon, rule or ruling regulating or restricting repair, alteration, use, %tration, construction or
Installation,
(b) foss or damage to property useless to the Insured or 6)soiele to the Insured,
(e) the cost of repairing or replacing any part cK pads of ar; Object which is In .access of the cost of
repairing or replacing the entire Object, or
(d) the cost of repairing or replacing properly described below which Is In excess of the amount
that would have been paid had this Endorsement not been in effect:
(5) 11 any damaged property Is not repaired or replaced, the Company's liability as respects such prop.
erty shall be limited the amount that would have been pald had this Endorsement not been In effect.
ARMICHT-DO>lTOM IHBUR M02 00HPAM1f
PAIR f Or 1 Ef*M ado Ocbba t. fold
r6►1041 f 0114) (!comb" Nov~ 11 19 TA)
,
i A _ 1 Y. A
77777
1
TEXAt r`ME ENDtaRSEMtN'T NO. 122 oohs)
ENt>tORs{ElifEllNT
ATTACHED TO ANO FORMING APART OF TEXAS FORM FMB-D-1 SECTION III
DEONTISIE INSURANCE
E NDORSEM E NT NO... 2 . . .
IN
This endorsement forms a part of Polley NO .69199.1 and is effective from 12.01 A, M, of „12/ PIN
Insured CITY OP 1D N'IONr„TEXAS
in considerntion of the rgduced premium deposit at which the policy is written, it Is agreed that from the
total amount of the loss of the kinds that the Company would be liable for under Coverages A and 8 of the
Insuring Agreement of the policy, with respect to an Accident to any one of the Objects described in Column
A below, there shall first be deducted the Deductible Amount specif led for It in Column B, but If two or more
Objects are Involved In One AccWenl the total amount tobe deducted shall be the largest Deductible Amount
specified for any one of scud Ok4ecis; and ttre insurance under Coverages A end B shall not apply to eny pert
of such amount deducted.
Column A Column B
Description of Object DeductlbteAmount
COMP-l, COMP-2 Sea Schedule Pages
AWRICHT-BOSTON INSURANCE COMPANY
o~ci;~~! E~kc~O~aocaonr ~9r4
Iam990402r91 (sk~er,ed~~NoAnbh 4.19IS1
0 MN 160 IN VIA
17
'I T11
TEXAS FMP ENDOR8EMENT NO, 101 pill)
DIFINITIONfI AND SMCIAL PROVISIONS
ATTACHED TO AND FORM ?NG A PART OF TEXAS FORM FM8.0•111 SECTION III
E011.EAll. FIRED VESSELS AND ELECTRIC STEAM GENERATOR$
BROAD COVrRAOS
SECTION A ISM 18 01 02 79)
DEFINITION OF tKNECT
"Object" shall mean any boiler, fired vessel or electric slearn generstor designated and described in this
Schedule and shall also include
1, any steel sconomizer used solely with such Objecl,
2. as respects any such Object which Is a steam boiler, any piping on the premises of the Insured, or
between parts of said premises, with valves, finings, traps and separators thereon, which cor,Ialns
steam or condensate thereof, generated In whole or in part in such boiler, but not Including Any such
piping which forms a pad of any other vessel or apparatus and
3. as respects anysuch Abject which Ise steam boiler, any feed water piping between such boilerand Its
feed pump or Injector;
but Object shall m-1 Include,
{a) any part of such vessel which does not contain steam or water,
(b) any boiler setting,
(c) any insulating or refractory material,
(d) any piping which does not contain steam op condensate thereof,
(e) any piping not on the premisf,s of the insured, used to supply any premises notowned by, leaser
by or operated underthe control of the Insureo,
(1) any other piping, radiator, convector, col; vessel or apparatus except as !rcluded in Sections 1,
2, and 3.
(g) any reciprocating or rotating machine; nor
(h) any electrical apparatus.
SPECIAL. PROVISIONS
t, As respects any of the following vessels used with any Object designated and described in this
Schedule, such vessel shall be considered as included within the provisions of this Schedule;
(a) any condensate return tank used with such Object;
(b) any cushion tank or expansion tank used with such Object which is designated and described in
this Schedule as a twt wafer hosting boiler; and
(c) any indirect water healer used for hot water supp:y service which Is directly in the water
circu!eting system of such Object and which does not form a part of a water storage tank.
2. As respeclu any Object described In this Schedule which uses a heat transfer medium other than
water, such heat transfer medium and Its vapor shall be considered as substituted for the words "water"
and "steam", wherevor such words are used In Paragraphs 8 and C of this Schedule.
3. The Company shall not be Iable for loss from an Accident to any Ot ;ecl designated and described in
this Schedule while said Object is undergoing a hydrostatic, p,isumatio or gas pressure lest.
4. The Company shall not be liable for loss from an explosion within the furnace of any boiler of the
chemical recovery type or within the passages from the furnace to the atmosphere, whether or not such
explosion (a) is contributed to or aggravated by an Accident to any part of bald boiler Ihel contains
steam or water, or (b) Is caused In whole or in part, directly or indirectly, by at Accident to any CL tn~tor
part thereof, nor shall the Company be fieble for any loss rom an Accident caused directly or indirectly
by such explosion, t
rNbiY k4wi m somci solog Itrek C~ny~ny /MfR ("M14VO DN@ Any i I$$I
Nw*ood Most :Nwo ►AOf I Or : ~/urM110N ot~*W 111Ni
rf7
.
TEXAS MI EhLIORSIMENT Nd.101(IVI
SOILERt#, FIRM VESSELS AND ELECTRIC STEAM GENERATORS
- LIMt1'EI9 COVlRA4E
MINIMUM PREMIUM RIQUIRIMENT:
Each Object designated and described in the Schedule and for which the Description Includes the words
"Class V or "Class H" Is subject to Minimum Premium Requirements. When the period of coverage for said
Object is less than a full year, the premium for saidObject, forsuch period, shell be the same premium that
would be charged for a full year,
SECTION B (SM 18 01 02 79)
DEFINITION OF OBJECT - Same as In Section A,
DEFINITION OF ACCIDENT
Condition 1. "Delinition of Accident" shill not apply and the following shall be substituted %ertfor:
"Accident" shall means sudden and accidental leering asunderof theObjecl, or a part thereof, caused by
the pressure of water or steam therein, but cracking shall not constitute a sudden and accidental tearing
asunder, nor shall Accident mean
(a) depletion, deterioration, corrosion, or erosion of material,
(h) wear and tear,
(c) leakage at any valve, fitting,joint or connection,
(d) an explosion of gas or unconsumed fuel withil, the furnace of any Obje:l or within the passages
Irom the furnace of said Object to the atmosphere; nor
(e) the' functioning of any safety device or protective device.
SPECIAL PROVISIONS - Some as Section A
MINIMUM PREMIUM REOUIREMENTR - Some as Section A
UNFIRED VESSELS
(Except Electric Gleam Generators)
SECTION C (BM 10 02 04 77)
DEFINITION OF OBJECT
"Objecl" shall mean any complete vessel designated and described In the Schedule; but shall nol include
(a) any part of such vessel which is not under pressure of contents therein or which Is not under
vacuum therein,
(b) any Insulating or refractory material,
(c) any reciprocating or rotating apparatus 'xithin or forming a part o! such vessel,
(d) any electrical apparatus within or forming a part of such vessel,
(e) any piping leading to or '.om such vessel,
(1) any cylinder containing a movable plunger or piston; nor
(g) any vessel. radiator, inductor, convector or coil connected to or used with refrigerating system
or an air conditioning system.
SPECIAL PROVISIONS
1 The Company shall not be liable for loss from an acciden! to any Object designated and described In
the Schedule while said Object is undergoing a hydrostatic, pneumatic or gas pressure test.
2. Any Object designated and described In this Schedule which Is used for the storage of gas or liquid
and which is pedodicaliy filled, moved, emptied and refilled In the course r;! ifs normal service, shall
be Considered as "connected ready for use" within the forms of the Policy.
140ch c fflwy Penn
flews Mr481 se me 9utafu in~r:tit D~!! 1V~/ 1 19rF
"*Md VMISKNIOS PAD[ 2 or : Is^r""# 0000 1 19771
177
TIXAI M'ME' dNOQRSEGENT Nb~ 101 Imil `
SYSTEM! OF llfEIrMIiGEIIAIING AND AIiI CONDITIONING
VINILS AND PIPING
SECTION D (810118 03 0181)
DIFINITION 00 OBACT
"Object" shall mean any system designated and described in the Schedule consisting of
1, all Interconnected vessels, coils and piping which contain the refrigeront included in the description of
the Object,
2, all vessels which contain coils within which such refrigerant is circulated,
3. any vessel, heated directly or Indirectly, which functions as a generalor, regenerator e; concenlralctr
and which forms a part of an absorption type system,
4 all valves and fillings on such vessels, coils and piping, and as respects any installation designated
and described in this Schedule for which the word "Included" Is Inserted in the column headed
"Additional Vessels and Piping", but not otherwise, Object shall also include
6, all vessels, radiators, inductors, convectors and coils, together with valves and littingl thereon, which
are connected to or used with the system end within which steam, weler, brine or oth%v solution is
circulated for cooling, humidifying or space heating; and all piping containing water brine or other
soluflor+ wlerconnecting such vessels, radiators, inductors, convectors and coils, loges 49( with valvasi
and fillings co such piping;
but Object shall not Include:
(a) any slerm boiler, steam piping or hot water boiler,
(b) any reciprocaling or rotating machine or apparatus,
(c) any electrical apparatus,
(d) any apparatus mounted on or Inrming a part of a truckor other vehicle, or any hose, flexible device
or non-metallic pipe connecter) to such apparatus, nor
(e) any vessel, cooling lower, roservol,,or other source of supplyof cool!ng water for dny conclensefor
compressor together with any trrater plpirg leading to or from such source of supply.
AMMONIA CON',AMINATION LIMIT
?ha Company's liability for loss, including salvage expense, with respect to damage by ammonia
contacting or pecmeatlnp property under refrigeration or in process requiring refrige(ation, resulting from
any One Accident !o one of more Objects designated and described In the Schedule, shall not exceed
$5000, sucii Ammonia Conlami+natlon Limit being a part of and not in addition to the limit per Accident
WATER DAMAGE LIMIT
The Company's liability loss, including salvage expense, on properly damaged by water, resulting j
from any One Accident to one or more Objects designated and described In the Schedule shall not
exceed $5,000, such Waver Damage Limit being a pars of and not In addition to the Limit per Accident
SPECIAL PROVISION
The Company shall not be liable for loss from an Accident 4) any 0bjert designated and 01.1scrlbed in the
Schedule while said Object Is undergoing a hydrnstalic pneumatic or gag pressure test.
AUXILIARY PIPING
SECTION E t8M 18 04 04 11)
DIVINITION OF OBJECT
"Object" shall mean any piping designated and described it me Schedule, including arty valve. fitting,
trap or separator thereon; but Object shall not Include ar radiator, conveclor, coil or other vessel or
apparatus connected to such piping,
SPECIAL PROVISION some as In Section 0,
"Wf m-H061y011 Imtsi!ar" COffliPNY
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eAINIC0 M U 5
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TkXA1sFPAB EN00149VAKINTN0. Mows)
RIFINITIONS AND SPlICIAL PROVISIONS
ATTACHED TO AND FORMING APART OF TEXAS FORM FMg D•1 SECTION Ill
TURBINES
Sreakciarrrs Csw>rralM -
SEk" rIONA (BM 181402 79)
DIFINITION OF OMOT
"Object" shall mean any t+;ib'-e unit designated and described In the Schedule and shall Include
1. anydrivinglL:,, is,
2. any combustor, precooter, intercooler, regenerator or host w •,nanger of any gas turbine unit,
3. any electric generalnw, pump, ,.ompressor, fan, blower, wheat or gear on any shaft of the driving turbine
or lurb nes or on a shalt which Is conneclod to any of sild turbines by any coupling, clutch or gear set,
4, aq mechanical or hvdroulic governing mechanism i(Apther with any electric motor used solely
therewith,
5. any auxiliary apparatus mounted on the frame or tied of the unit,
6. any h k, ,eating oil pump, any fuel pump of any pump for circulating a coolant, it used solely for the uM,
together with any machine driving any such pump,
7, any auxW ry electric motor, slesm turbine or other apparatus used solely to foliate the driving turbine or
11-bines for starting or maintenance purposes,
8, any apparatus used solely to scavenge any gas turbine unit,
9, any shaft which formes a part of the unit or which connects parts of the urA, togottw wish any coupling,
clutch, bearing, gear or gear set on asld shaft, and
10. any interconnecting Mring, piping orducls between parts of the unit and which at amounted on the unit;
but Object shall not include:
(a) any electronic computer or electronic data processing equipment used to govern or control the
unit;
(b) any machine or apparatus except as Included in Sections 1.10 above;
(c) any wiring, piping or ducis leading to of from the unit;
(d) any condenser,lisconnectingOpeor adapter;
(e) any penstock ordraf I tube, nor
(It any ballet utilizing exhaust gasesfrom anygas turbine unll
SPECIAL PROVIWONS
i . The Company shall not be iiable for loss from an Accident to any Nect designated and described in this
Schedule while said Object Is undergoingen insulation txeskdavntest, ores being dried out.
2. As respects any electrical machine or electrical apparatus form ng a part of any Object designated and
d63cribed In this Schedule ror which "Breakdown" or "Comb nod" Is Inserted In the column headed
"Coverage", Cause (a) of Coverage A of the Insuring Agreen ant of the policy In changed to read "(a)
loss from fire outside said efectrical rnacaMne or electrical appay ratus concomitant with or foliowing an
Accident or from the use of water or other means to extinguish fire",
3. As respects any Object designated and described In this Schedule for which "Limited" M "Explosion" Is
Inserted in 1 he column headed "Coverage", the Company shall not be liable for the repair or replacement
of any electricat cor4uclor or do Insulation, or of any b$ M wire, retaining flog, we , or their failenings,
if such tepair or replacement Is made necessary as a result of an Accident to the said Obleat,
raioryMSwrS~nc~eunw amCer+nany/ern+ En~en~~OfNOe~oDH~ '174
WON Vviov.^v%MM PAINtOP 3 tlR,pq~~bwnba1L~4~S1
A.:
T „a
UXAS FMB 1d4AtNtMINT irk:116 turd
TUMMNES
SECTION i! (8M 1814 4113/77)
D! FINITION OF dt~ECT dame ae M t;1~t3f;Ion A .
DIFINITION OF ACCIDENT
"Accident" shalt mean:
(n) a sudden and accidental tearing asunder of any casing, combustor, duct, piping, precooler, inter-
cooler, regenerator, or hest exchanger, forming III part of a gas turbine, eaus'd by pressure of gas, liq-
uid or vapor therein, but not the tearing asunder of any gasket, rupture diso, shall seat or seal strip;
cracking shall not constitule a tearing asunder;
(H) a sudden and accidentAl breaking of the casing of any driving turbine, or the casing of any driven com-
pressor or any euxillary lurNne of the Object, Into two or more separate parts, but not the breaking of
any gasket, rupture disc, shaft seal, seal strip or diaphragm; or
(id) a sudden and accidental breaking of any spindle, rokr or shaft of the Object, Into two or more sepa-
ate parts, but not the breaking of arr, blade, bucket or vane whether or not It forms a part of such
spindle, rolor a s~ iafl, of any shroud ring or other fastening, or of any gear or coupling, nor the loosen-
Ing of any assembled parts, nor IW breaking or 6oosening of any electrical conductor or ils insulation,
or of any band wire, retalrft ring, wed(l6, or their fastonings;
but Accident shall not mean:
(a) depletion, deteftation, c*rrosion, or erosion material:
(b) wear and toar, nor
the breaking of any structure or foundation supporting the Object or any part thereof.
SPECIAL. PROVIS'ONS -Some as In SectlonA
TURBINES
- Combined Cowra4e-
SECTION C (BM 11314 02 78)
DEFINITION OF OBJECT - Satre as In Section A
DEFINITION OF ACCIDENT
"Accident" shall mean:
(1) a sudden and accidental tearing asunder of any casing, combustor, duct, piping, precooler, inler-
cooler, regenerator, or heat exchanger, forming a part of a gas turbine, caused by pressura of gas, N-
uld or vapor ;herein, but not the tearing asunder of any gasket, rupture ciao, shaft seat or 1%1 strip;
cracking shall not constitute a tearing asunder,
(N) a sudden and accidental breaking oll 3casing ofanydriving turbine, orthecasing cfanydriven corr.
pressor or auxiliary turbine of the Object, Into two or more separate parts, but not (lie br -aking of a iy
gasket, ruptul a disc, shalt seal, seal strip or diaphragm;
(ill) a sudden and accidental breaking of any electric generator, or part thereof, forming a pert of the
Object, or of any spintdfe, rolor or shaft of the Object, into two or more separate parts, but not the
breaking of any blade, bucket or vane whether or not It forms a part of such spindle, rotor or shaft, of
any sflroW ring or other fastening, or of any gaskol, gear, coupling, fuse, brush or Insulation, nor the
ieosenning of any assembled parts,, or
(lv) a sudden and accIdental burning out of any electrical conductor or Its Insulation, forming & part rA the
Object, or of any band wire, retaininnp ring or wedge of any electric generator of the Object, but not the
burning out of any fuse or brush;
but Accident shall not mean;
(a) depletion, deterioration, corrosion, or erosion W material,
(b) wear and tear; nor
(c) the txasking of nny structure of foundation supporting (Ire Object or any part thereof.
SPECIAL PAOVISION3 Same »In Section A
f Attar MOUX y!rvtq S 11 ou Hack com"Y F WM E14c" Dab OCWW 1 r 111`0
Wo*wd WrAAAC"PAA 111A41 too3 1
I~upaA,'~A Na~npAr 11 19tS1 I
T" 77' 77'
k Time Flit Ie:4601WIKMEtNTN60, ^101(100)
.1
_ TURBINES
t Wiled Cowrnge -
SECTION D (BM 1814 02 16)
DEFINITION OF OBJECT- 0emeae In Section A
DEFINITION OF ACC117ENT
"Accident" shall mean a sudden and accidental breakdown of the Object, or a part thereof, which manifests
Itself at the time of ita occurrence by physical demege to the Objbel that nec"Matles tepalr or replacement
of the (Abject or part therool; but Accident shall not mean
(a) the breakdown of any electrical conductor or its Insulation, or of any band wire, relaining ring, wedge
or their fastenings,
(b) deplet►on, deterlotation, corrosion, or stesionol material,
(c) wear and tear,
(d) the cracking of any part of the Object exposed I-) the products of combustion,
(e) leakage at any valve, fitting, shall seal, Aland packing, joint or connection,
(1) the breakdown of any vacuum tube, gas tube c4 brush,
(g) the breakdown of any electronic computer or eloctronlo data processing equipment,
(h) the breakdown of any structure or foundation supporting the Object or any part thereof, nor
(1) the funot ingofanysafetydeviceorprotectivedevice,
SPECAL PROVISION - Same as In Beellctt A'
Arkwrlght•3ostton Ins umnes Compsay
j
i
0W&TMa,AiSo toautw !look COMWY Fermi E;;Kp.tDais ocR" 1.1919
"*Ood Ml tWh6 f t"$ Mot $ or 3 gr*1Wsod" NM"bw It .1 / 111
MVfOWN et
ip"d
1' ' 1 a . ~N~ 1 t , S: ~ ' J ° • ~ :1 l , i v ~ i ~ r
7 7
TEXAS PMd .tNDOpsllt!MENt Nibs 11 00)
DLlEFINITION$ AND SPECIAL PROVISIONi
ATTACHED TO AND FORMING A PART OF TEXAS FORM FMO-D•1 SECTION III
ENGINES, PUMPS, COMPRESSOR/, FANS AND BLOWERS
SECTION A (81V 19 05 04 11)
DEFINITION OF O*JEOT
"Object" shell mean any machine designated and described In the Schedule aod, a,% respects any such
machine which Is a reciprocating pump or a reciprocating compressor and which forms an Integral partol
a steam engine or an internal combustion engine or which Is connected to such an angina IrY a coupling.
clutch or goar set, the machine shall mean the sold pump of compressor and its driving engine and the
nterconnecting coupling, clutch or gear se„ bit SbJect shall not Include (e) any sir tank, or other
apparatus connected to such machine except control apparatus mounted on the machine, (b) any
electrical apparatus, other than a goys; hor molar, (c) any condenser or its adapter, (d) any piping or duct
leading to or from such machine, nor (e) any well casing.
MISCELLANEOUS MACHIN;S, GEAR WHlEL11 AND !ENCLOSED DEAR 1121'$
SECTION d (8M 18 06 02 19)
DEFINITION OF OBJECT
"Object" shall mean any machine designated and describers In this Schedule; but shall not include.
(a) any mechanism or other apparalus connecters to such machine except control apparatus
mounted on the machine.
(b) any shalt on which any machine described as a "Gear Wheel"i s mounted, or the bearilsos for such
shaft,
(c) any electrical apparatus,
(d) any felt, wire, screen, die, exbusion plate, swing hammer, grinding disc, cutling blade, chain,
belt, clutch plate, brake pad or any part or tool subject to frequent periodic replacement; nor.
(e) any piping or duct leading to or from such machine.
OBJECT LIMIT
The liabilityof tha Company for losson sny Object designated and described in the Schedule, If euch loss
is caused by an Accident to sold Object, shall not exceed the amount, if any, Stated as "Object limit" with
the description of said Object in the Schedule, which amount is a part of and not in addition to the lima per
Accidenl,
COINSURANCE
The Company shall not be liable for a greater proportion of Any loss on any Object designated and
described in this Schedule. if such loss is caused by ar Accident to said Objocl, than the Object Limit,
expressed for said Ob'ect, bears to the amount determined by applying the percentage, Inserted for said
Object In th9 column eaded "Colnaurance Percentage," to the actual ,;ash value o said Object at the
time of the Accident.
WHEELS AND $HaP71NO
(Except Gear Whoefs)
W"tTION C (8M to 010411)
09FINITION OF OBJEC1r
1, As rasoscts any wheel, pulley, disc or coupling designated and described in the Schedule, "Object"
Shall meho only the rotating part or parts of such apparatus; but shall not include
(s) any shah upon which the apparatus I1 mounted, or the bearings for such shaft, nor
(b) any culling blade.
2 As mopeds eny>fh811 deelona!ed end des;r jibed In the Schedule, "Object" shall mean only the rotating
shaft with Its couplings find beerings,
racwy Wual Setitia adfw ~10yA CSR ~111y f6.~r1 E+NCt•w Da11 Ju y +11f
Naf%od mi"Wk o IAIW 1 or 1 11viWo"" (ktwl I Will
go
Tix OW L" JORSIdMiNT W i0s nh,l
ROTATING ELE NE VCYION FINDER REGULATO RS
SECTION 0 (BM 16 08 04.71)
DEFINITION OF OINJIOt'
"Object" shall mean any totaling electrical machine, transformer or Induction feeder regulator dee►gnWed
and described In the Schedule and as respects any foisting electrical machine object shall also Include!
t. any exciter which is mechanically connected to such machine and Is used solely for thq excitation of
such machine,
2. any shaft of such machine and anyy pear, wheal or magneslo brake mechanism on such shaft or nn the
frame of such machine, If such strait does not also form an integral part of any other machine,
3. any continuous shaft which fo ms an Integral part of such machine and which also forms an Integral
part of another rotating electrical machine, including any gear, wheel, or magnetic brake mechanism
on such shay.) or on the frame of such machine,
4, any shaft coupled Io such machine, Including the couplings and bearings !hereon, if there is no
mechanism other than a coupling on such shaft.
6. any gear set, With IN bearings and sh,as, built Into the frame of an such machine designated and
described in this Schedule as a motor or built Into a casing InlA7ral with such motor, and
6. any ran-tolating equipment ~,sed :solely to stns, s!up, or control drry such machine designated and
described in this Schedule as a motor and all electrical conductors connecting such equipmool with
the sail motor, provided that such control equipment is physically Eaparato from, and does not form a
part of, a switchboard, cubicle or bus structure used for!hs control of any electrical maahlne otherthan
the said motor; but Object shall not Include anyother electrical conductors nor any piping leading toot
from such Object, nor shall it Include ar,y electronic computer or electronic data processing equip-
menl.
SPECIAL PROVISIONS
1. The Company shall not be liable for loss from an Accident to any Object designated and described in
the Schedule while said Object Is undergoing an insulation breakduwn test, or Is being dried ou;.
2. As respects any Object designated slid described in the Schedule, Clause (a) of Coverage A of the
lastiring Anreemeni of the Policy is char }ged to read "(a) loss from fire outside the Object concomitant
with or foilo,eing an Accident or from the use of water or other means to extinguish fire".
MISCELLANEOUS ELECTRICAL APPARATUS
SECTION E (BM 18 09 04 77)
DEFINITION OF OBJECT
"Object" shall mean the electrical apparatus designated and described in the Schedule; but shall rot
include:
(a) any rotating eleclricr,l machine other IhAn tine used solely lo operate any pars of such apparatus,
(b) any transformer ext%I an Instrument Iranslormer, or any Induction feeder regulator,
(c) any electronic compv!er or electronic data processing equipment,
(d) any conduit,
(R) any electrical conductors or piping leading to or from such apparatus, nor
(1) any cabinet or compartment on or within which such apparatus, or any part thereof, is Installed.
` OBJECT LIMIT Same as In Aeotlon B
i COINSVRAIICII Sepia as In Section B
SPECIAL PROVISIONS Santis as In soctlon 0 _
i 'k 4
Y.'7ti My;,pR.►',AG ~MMM swr c«" 'ow F&M c. .
00400lemommu r E mu ! of 4 rte.
of, TEXAS FMM 1140ONSIEMBOIT NO iW fr4o
D19P WILL PUMP UNI11
SECTION F IBM 18 10 04 771
DEPIN'TION OF WNICIT
'Object" ehail mean the unit deslgnal4d and described In this Schedule, including any non•rototin
evwiprr,enl used softly to $,art. stop or control tho driving eteolrio rnotor of said unit, and all electrical
conduclors cormectino such "Wpmenl with the Said mof.'t; but object shall not Include:
(a) any other electrical corduclor or any piping leading to or from the unit,
lb) any electronic computer or electronic data proottsing equipment.
(c) any mechanism, appliance or SK0,11 connected to the unit: not
(d) any well teeing.
SPECIAL PROVISIONS - Smw as le Aeotlert 0
SMALL COMPI~EesSIN~ AND RWRRIGIRAYINO UNITO
(UM srrroQesting IS hp)
SECTION 0 IBM 18 1104 77)
bEIrIPIITION OF OfJEOT
'Object' shall mean the unit deSignsled and doicribcd in this Schedule; but avail not Include-
(&I any wiring or piping feeding to or from the unit,
ib) any heft. nor
Ic) any Huck or clh6r vshjcle, cabinet or compartment on or within which the unit, or any part therm},
is inslatied
SPECIAL PROVISIONS Some N to SteM m 0
AIR CONDITIONING UNITS
(Nal ettessm"I $00000011111
SECTION N IBM 18 12 04 11)
DEFINITION OF OSJhCT
,Object" shall moan any unit designated and do ictibed In this 8;hedule, consisting of;
1, all inlerconnecled vessels. colls'end j ,rirty Oleo ^4onlain refrigerant, of within which refrigerant Is
'nulated, legsihei with valves orit+ fillings on Such veesefr, coils and piping,
2 any vessel, heated directly or fAclirtelly, which functions as a generator, regv%eelor or eoncenfrator
and which forms a part of an absorption type wjt,
3. all compressors, pumps, Ions end blowers used solely with auch unit, together with their driving
electric motors,
4. all control equipment used solely with the unit, and
g all vessels, redialors, Inductors, convectors, and coils, together wllh valves and Wimp thereon, which
are connected to or used with the unit and within which steam, water, brine or othot solut6Is
circulated for cooling, hurnldifyipg or space healing: and all piping containing weler. Mine or other
solution inlsroonnecllng such vessels, tedialors, lnduclors, convectors and colts, logethur wlih vslves
and fillings on such piping;
but Object shot! not Include
(a) any steam boiler, steam japing or hat water bailer,
(b) any vessel, coolii+g lower, ret,etvolt or other source of au lDWyollcoofln0 wale( for any condenser
sr compressor, together with any %012r piping fe>rding to 0 frofn such source of supply,
(c) Any wlrlrlg o0 ploft ,Iooding ta' or Irum ifa unH,
IsKWJ MMVM UnKi eatiw MNk ~anrwy rws Ift"DW.&OVI loll
rOMw..aw ewmhot
i soft,
1, 61, 0 FI'T
J
r h ; A 's j7
i
tgXAS FMB ENDORSEMENT NO, 103 vm)
AIR CONDITIONING UNITS
(Not dxo•dding $00,000 STU)
(Continued)
(d) any bell: nor
(e) any truck or other vehicle, cabinet of compartmenr on or within which the unit. or any part thereof,
is installed.
WATER DAMAOE LIMIT
The Company's liability for loss, including salvage expense, on oroperty damaged by water, resulting
from any One Accident to one or more Objects designated and described In this Schedule, shelf not
exceed $5,000 or shall not exceed the amount, if any, specified as the Water Damage Limit in column
cap;vned "Coverage". whichever amount is greater, any such arn*unt being a part of and not In addition
to the Limit per Accident.
SPECIAL PROVISIONS - Same as In Section D
SOLID STATE RECTIFIER UNITS
SECTION I (0M 18 13 04 77)
DEFINITION OF OBJECT
'Object" shall mean any unit designated and described in this Schedule, consisting of
t, any rectifier.
2 any transformee used solely with the unit, other than an arc-furnace transformer.
3 any heat exchanges logether with its interconnected vessels. coils and piping, used solely with the
unit.
4. any cooling fan or frump used solely with the unit, together with fls driving electric rnotor,
5 all control equipment used solely with the unit, and
6 all electrical conductors connecting parts of the unit;
but Object shall not include:
(a) any electrical conductor or piping leading to or from the unit:
!b) any electronic computer or electronic data processing equipment;
(c) any other equipment or apparatus, except as included in Sections 1.6 above:
(d) any truck or other vehicle cabinetor compartment on of within which the unit, or any part Ihetenf,
is installed
SPECIAL PROVISIONS Sam* as In Section D
ArkWght•Baaton Insuratntate Company
rlcrWy Mu,u1r serrKl "to 4104 cow4wir fans E14041 DIN a.1y 1. 1"1
""M Mwip"141 PAO 4 OF 1 ilJM tId41 G toEN f t9r91
PAN1fC1NU4A
a r a~~,►
77, 7777
f.;a
ENDORSEMENT
SPECIAL PROVISIONS
IN THE STATE Of TEXAS
A, It Is agreed that if the Insured cancels this policy, the earned premium shall be computed In accordance
with the Short Rata Cancellation Table printed hereunder.
SHORT RATE CANCELLATION TABLE
showing percentage of prernkrm at tine of cancellation to be taken at earned pren.lum.
"M 6f
Term (Henan) I Tom ►M MMmw l
l
_ hrnreel
00.09
174%
d
e 11010 40
e7J1
M.0
1 ~f~1 It
100.0
Lni than one month shall count as a whole month and the percentage to be us(xi shah be that
speelfled for the next succeeding number of whole months,
81 The following paragraph Is added to Condition No. 18, Conciliation:
In the event the Company cancels a policy for Its own convenience, the Insured shall have the right
to receive pro rata cancellation of any policy remaining in force with the Company,
C. It is agreed that the policy premium is payable annually and the policy Is subject to annual adjustment
to the rates, rules and forms In current use.
Mwi lghteBoston Insuranoa Company
W.4 t sit lira
Stock Cempsny Form
1424F
r
7/g
DATE : I RV/
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM:
titreAU~Atl~t,~bi~+af~+~i4atit►r
SUBJECT: BUDGET ADJUSM11 RESOLUTION
SUMMARY: Resolution approving year end adjustments to budget.
BACKGROUND: NIA
FISCAL IMPACT: See attached summary
Respectfully submitted:
pla, 104&
Aiok 8vbh1~, .
ohir~cr' dityl lanaaer
Prepared by:
ame o n crane
it1e Director of Oinarco
Approved:
a John V0 Hccrane
Title Director of Marta
~ n .r rye .rt'~ t i. 4
R E 8 0 L U T I 0 N
BE IT RESOLVED BY THE COUNCIL Of THE CITY Of DENTON, TEXAS, THAT:
SECTION I.
The budget adjustments, me indic:Ped on Exhibit At attached
hereto and included by reference herein, for the fiscal year
1984-85 are hareb,', in all things, approved and ratified.
PASSED AND APPROVED this the day of , 1985.
I
RICHARD 0. STEWARTj KAYO
CITY OF D1NrON, TEXAS
Ii ATTEST:
I
CRULOTTE ALLEN CITY SECRETARY
CITY OF DENTON,~TEXAS
i
APPROVED AS TO LEGAL FORM:
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
CITY Of DENTON, TEXAS
BY:
f
I!
1
1
eeseer~e ea eeeee~~reereeaa
71
APJtj ThENf RIAMARY
YEAR ENDING I1-34:85
(UNAUD I TED)
FY 84-85 BUDG,IT ADJUSTED
DEPARTMENT / DIVISION BUDGET ADJUSTMENT BUDGET
. . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .
REVENUES
GENERAL FUND 17,520,608 790,781 18,311,389
UTILITY SYSTEM - ELE=CTRIC 66,757,591 21442,682 69,2009273
UTILITY SYSTEM - WATER/WW 91693,509 931,792 109645,301
SANITATION FUND 1,970,667 769731 210479:398
WORKING CAPITAL FUND 636,312 29892,923 3,529,235
GENERAL PROJECTS FUND 512,580 75 5129655
RECREATION FUND 192,000 36,109 2281109
REVENUE SHARING FUND 329,121 t 127,429) 401,692
GENERAL DEBT SERVICE FQND 2150:31063 268,370 2,771,433
TOTAL REVENUES 100131x,,451 7,332,034 107,647,485
EXPENDITURES
BE:.NERAL GOVERNMENT 460,051 )1 463,152
BUILDING OPERATIONS 92,11923 t F3,n4) 439,869
UPallATIGNS Alqt1LY•iIb 97,679 t 1214:35) 85,244
WURU PRUCE=SS 1 NG 1 1 u, 666 t 1 ,19:7) 109,376
LEGAL / MUNICIF'G,l_ 1101-4 11 .5219 .349 t 1+7,203) .311
PERSONNEL 2679741 3,1328 2719619
EMERGENCY MANAGE Nr_'Nf 8294;)59 E1,:537 909 .396
Fl. ANN I NG 4051 108 3q427 408, 535
DATA PRCX 58INU 68H,096 10,409 6`79,'-C.) :ri
F 1 NANCE. 3 , 191,664) 110,631 3.307.,291
hIRPORT E10, 161 201226 100,•3(37
POOL L C WORKS 512309568 ..9 595 3 9 254 , 163
Pt11.1r,F 'SI107;1002 £13,41,3 311E3f,97
ANIMAL CONTROL lbl ,48o 1q,7::9 1`'76.109 I
F'iRE S,L1199:io 10'6, 3,315,164
PARKS & RECREATION 1 ,;`;G Fj83 .7 24
~1 1 . i'i3,C~2U
LIBRARY 5921870 1,2 , a 60j 167
;1U,646 18. 7..9t90j, 5 s ,V
GENERAL FUND 18,074,6134
UTILITY SYSTEM LL.E.C1RiC 6391610348 X7:31,162 669192,510
UTILITY SYSTEM WATER 9,:538,£06 y 'Ki1,64;i 11,4899749
SANITATION FUND 11SY63,444 1c12,743 2055,687
14,66'2,898 "i, 1 75,04£1 79,e: ~I46
ENTERPRISE FUND A
WORKING CAPITAL 1 L;~JI1 6361;312 191 166(.) 39827,972
GENERAL PROJE CIJ r)u6, 74:5 ( 59, 30"5) 447,439
kECREAT ION FUND I uo I Roo 1 E), 65 i 209,401
REVENUE: 9HARINO Fi Nu L429,121 ( 12.71429) 401 ,692
GENERAL DEBT fil r'V I ~;1: FUND 2l321,907 ( 64,751) 2,2579156
OlllEr~ FUNDS M~41174,883 219689866 7,143,749
TOTAL EXP NDIIURl 9 96,912,663 ~E ,4.39,:36x5 X103,372,2:25
;ate:.=!i'.: fC S:.m A:ta a w9!M=9.A = aa.m-..M IJ Cl of t;dmsra:1 ft
i .
a DATE: 12/10/85
CITY COUNCIL REPORT FORMAT
TO: lfayo•r. and Members of the City Council
FROM: hick Svehla, Acting City Manager e
SUBJECT: POLICIES AND PROCEDURES
RECOMMENDA.'P„ ION:
Recommend that council approve the following policiest
1. Identification Cards 102.12 4. Dress Code 108.07
2. Employee Fuel Gate Accnes Cards 102.13 5. Sexual Harassment 108.10
3. Problem Solving 115.02 6. Death in Family Leave 111.06
SUIVAR Y:
Six (6) policies are being presented for adoption.
BACKGROUND:
Five policies are new policies and one (1) policy is a revision of an
existing policy.
PROGRAMS,, DEPARTMENTS OR GROUPS AFFECTED:
All City employees.
FISCAL IMPACT:
None of the policies will have a fiscal impact on the general fund.
Respectfully submitted:
Prepared by: Rick S%e a, Acting City Manager
QR l~ a
. Paulette R. Ovens-Holmes
Title Program Administrator
A ved•
Ned
Tit ,
♦ P~':t ' r 'F'. rM_ Vii' r '7a l` v 1 di~ a Et ~v-•m r\a y` ~r., ~•i 0. i ,T•?,
POLIMADHIMISTIAT1VS PROOSDUAVAD10Ilf MAT1Vs 01140?IVs
REFERENCI
SECrIoN: NUMBER:
OENeRlIL POLICI68 AND PROCRDURSB 102:12
SUBJECT: EFFECTIVE OATS
IDENTIFICATION CARDS
TITLE: RIFLACES
IDENTIMATION CARDS
POLICY STATOWNT:
It to the Policy at the City of Denton thato as a part of the employment
Proceoos all resular full-time and part-time emPloyeea will be iBBued an
identification card.
:n
J
a, w."q 71
% ~ a,
1 `
r i 1
If Or' PA
CITY OF ff~~~ ~E
Y
lOL;OY/AD,fI1111RfaTlVZ; l~ 0~ ~RT/ADIIINI~TxA~'tvi Dlt=0'C;V! ~ a
SECTION: NUMSER:
GINSRAL POLICIES AND MAMAS 102.13
SV@JSCT;
9NPL0Y8E pt)EL/'(iATB ACGSJS CARD EFFECTIVE OAFE
rtru: REVUCCs
6NPGOYEO FUS'w/OATS ACCESS CARD
POLICY S1A'CENENP:
It is the Policy of the City of Denton to issue fuel/gate accesie Cards only to
employees requiring 1,;c4vs to motor fuel and/or accesS to the SECVIco Center
Complet after normal cocking hours.
I
-77
i
i
a
CITY OF DENTON rAaE....of_
FOLIMADMINI01201* FROCIDUMADMINIMATITI DISICTlTf
SYC1 W N, MIAMI
NUM/ EA:
PRRaOnsta/RMPLOTIR RRLATIOtla 108.07
.
WeAcr
$sAxDARDa or coKDCCS FOR RMPLOxRRs JIFFICTIVE ogre
AErLACBS:
r~rLe. DRRaa :CDR/PIRSO;AL APPRARANCR
POLICY STAT M UTs c,
In order to pro3act a positive, professional uxl late enviromsent, City of
Denton employees are expected to maintain a good general appearance at all
times.
I. All employees are expected to comply with safety regu «tionsI toe or
type of shoes, shLet sleeve length, *to. as dictated by departmental
and industry safety standards,
It. All otfiae/publia contact employees ate expected to be appropriately
dressed and well groomed in order to reflect a professional
buvtneselike atmosphere.
III. Clothing should be clean, comtot-table and attractive but not
distracting, Clothing having pictures, designs, words and/or
advertising not conducive to a professional image, see through and or
otherwise sexually provocative clothing are,prohtbitod for all
employees, In addition, all office/public contact employees are
prohf;bited from wearing dents leans, "T" shirts, sweatshirts and/or
other olothing Aetermined by the supervisor to be unacaeptable,
IV. Unita med employees are expected to follow the guidelines under policy
102.11 Uniforr.j.
V. Unusual airciusstanees as approved by eupervisoN vu4h as weather
conditions, special work atsignments, workelte conditions and/or
non-normal working hours and situations may be saittaient reasons to
grant an exception to the dress code.
0371a
12/10/65
/ i. •f it
72!
-tv
CITY OF DENTON PAGE-L.OPA.
~Ob[C!/A111[iNE/t Altr1 P20036VA)VADMINNTIATITI 0121"11►1
nerERENCe
NUMBER:
SECTION:
PRttllOMMRL/R!D'WYRR lttLATiOMa 11S.C2
OPICTIVI DATE:
SUBJECT:
81Alt'DARD3 Or COMOUCe
REruces:
TITLE:
PRODLIK aOLYLMG
POLICY STA19 mr-
to as effort to.'promots improve3 mptoyer-employee relationships the City of
Denton has as open door policy, isptoyees Who feet they are being unfairly
treated, wish to correct a misunderstanding or desire information concerning
their work relationships are encouraged to discuss these concerns with their
immediate supervisor or higher levels of supervision.
In the normal operation of any organization, problem or questions may arise.
In most instances, a supervisor should be able to give a prompt answer to an
employee's questions and will assist in solving problems.
n
The express intent of this policy rhalt bet
1. to afford employees an Informal yet systematio means of obtaining
consideration of their concerns.
2. to insure that an employee who presents a problem in good faith and in
a reasonable manner will be tree Crow reprisal.
9, to insur•r that problems are settled as near a possible to the point
of origin.
I
r y. t r '#a +e t, r'{ T a a :,x d {c rFa
~ 1 ra i
CITY OF DENT'ON PAGE' Olr l
POLIOT/ADMINI$T1lATIV8PIOONDUI;R/ADUINIITAATIVS 0I180TIVR
..r REFERENCE
SECTION: NUM@ [A:
PERSONNEL/00LIA12 RELATIONS 1081.07
EFFECTIVE OATS
susACTSTANDARDS OV CONDUCT FOR EMPLOY9E8
REPLACES:
TITLE:
DRESS CODR/PRKMAL APPEARANCE
POLICY STATUSHT:
in order to project positive, professional and safe environment, City of
Denton employees are expected to maintain a good general appearance at all
times.
1. All employees are expected to comply with safety regulations= i.e.,
type of shoes, shirt sleeve length, eto. as Notated by departments).
and industry safety standards.
It. All office/public contact employees are expected to be appropriately
dressed and well groomed in order to reflect a professional
businesslike atmosphere.
III. Clothing should be clean, comfortable and attractive but not
distracting. Clothing having pictuvee# ae:loMs; words and/or
advertising not conducive to a professional image, sae through and or
otherwise sexually provocative clothing are prohibited for all
employees. In add'3ion, all office/yublio contact employees so
prohibited from wearing denim jeans, "T" shirts, swestshirts ana;or
other clothing determine4 by the supervisor to be unacceptable.
IV. Uniformed employees are expected to follow the guidelines under Policy
102.11 Uniforms.
V. Unusual circumstancea as approved by supervisor such as weather
conditions, special work assignments, worksite conditions and/or
non-normal working hours and situations may be sufficient reasons to
Brant an exception to the dream code.
0371&
12/10/85
r y
~i a e Mr ar~3e .0°1 ' 4 kar J," r 4 i d h •l' x
r?1A_F o o~ .!I ,.rB A 1x !{E" v s' n K A,2 Y~`` r~r y n X j,lr•
44
c z
Wv d# 0 NTO' N pact. cp.. r
roxco~ teT~~T1v~ t►ioo~c~o>esie;r~Ixu~tt~tty~ Dxn,tottvs ~
SECTION kE/Efi~NCE
NU ME CA:
....._.._tt9t.16![~t QY6S~N6„W4_1L01113 111 .06
Sl'E~ECT: E/~Et;Trv1~ DarE
MFAP_ ROYBD GRAY=
TITLE: RE►LACES r.w
DBATH 101 THZ FAMM G,SAVJ 1475 Rules and
- " Rs~~latione
POLICY STATBMBNT:
It is the polioy of the City or Dtnton to grant a maal,mw of three dabs paid
leave to regular full-time emp:ayles in aasss of death of tarily members.
Uses of this leave my inolude awning funeral acta.Mesrlents and 4%teadlna
tunsrst ser,rioer including t Mel tl,me. The following featly ee++bers are
aonsidsred falsity ftembers:
Immediate Parity Othe~ily
Husband Father-in-law Unole
Wile Kother-in-law Aunt
Balk Brother-in-law Nephew
Daughter Sister-in-law Nioee
Kother Son-in-law Orandlather-in-law
Father Daughter-in-law Gra:o4mlother-in-law
Brothers Grandparents
Sisters Grand Children
Step and Poster Children
Step Parente
i
A. 4w .w y. A nr i
r
77777
s
CITYn! DENTON, a'SXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.82M
M E N 0 R A N D U M
TW Betty McKean, Assistant City Manager
FROMc Vathryn Usrey, Director Personnel /Employee Relations
PATEt December 11, 1985
SJBJECTc COUNCIL AGENDA ITEMr POLICIES AND PROCEDURES
At the Deceirber 17 City Council meeting, we will be preccnting six (6)
policies for adoption. The following is a brier summary of the policies being
presented to the Council.
1. Identification cards 102.12
This policy provides all regular full-time and part-time employees to be
issued an identification card for the purpose of verification
of employment. The card must be relinquished upon termination of j
employment with the city.
2. Employee Fuel/Gate Access 1.'ard 102.13
Th's policy outlines the procedures for obtaining, replacing, and
prrperly using fuel and gate access cards. The City issues fuel and gste
access cards only to City employees requiring access to motor fuel and/or
the Service Center complex after normal working hours. The gate access
card will be issued by 0e Purchasing Pepartment, and the fuel card will
be issued by the Vehicle taairtenance Department.
3. h-oblem Solving 115.02
This policy outlines the systematic: process Through which employees may
present problems, complaints, concerna, or grievances to City management.
It also defines the responsibilities of supervisors in ensuring
that all employees are aware of the open door policy as well as ways to
Nxpedite resolution of these problems complaints, concernso or
Erievances.
Ira I
V 77777777
1
Betty McKean
December 11, 1985
Page 2
4. Dress Code 108,07
Tiie City expects all city employees to maintain a good general appe:krance
at all tunas. This policy covers dressing to comply with safety
regulations and defines "proper professional attirA "
5. Sexual Harassment 108.06
This policy defines sexual harassment ir, the work place and explains the
procedures for handling alleged sexual harassment incidents. The policy
also emphasizes the responsibilities of supervisors in seeing that this
policy is strictly enforced.
6. Death in the Family Leave 111.06
This policy repl&ces the Death in the Family Leave Policy effective
August, 1984. This policy provides a one (1) to three (3) days leave with
pay to attend a funeral for death in the immediate family. Step-parents
were added to the list of those individuals who are considered to be
me.,nbers of the immediate ft,nily.
If yoIi have any questions or cuncerns regarding these policies, please contart
me ac.ordingly.
Kathryn Usrey
Director of Personnel /Employee Relations
.
. A. :i6 <:y c 4
R E S O L U T I O N
WHEREAS, the Director of the Personnel/Employee Relations
Department for the City of Denton has presented For
policies regarding employee rules and regulations for the
Council's consideration; and
WHERFAS the City Counc_1 desires to adopt such policies as
official po{iciis regarding employment with the City;
NOW, THREFOKE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECTION I.
The following policies, attached hereto and made a part
hereof are hereby adopted as official policies of the City of
Denton, Texas:
102.12 Identification Cards
102.13 Employee Fual/Gate Access Cards
105.02 Problem Solving
108.07 Dress Code/Personal'Appearance
108.10 Sexual Haraspment
111.06 Death in kaiily Leave
SECTION It.
The foregoing policies are attached hereto and made a part
hereof and shall be filed in the official records with the City
Secretary.
SECTION III.
The Employee Rules and Regulations of 1976 adopted by
Resolution of the City Council on Febtuary 1, 1977, are hereby
rescinded to the extent they conflict with the foregoing
policies and with any administrative procedures and directives
issued under the authority of the City hsnager implementing the
policies hereby adopted.
SECTION I''..
This Adsolution shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of
1985.
iFICF%3-U7. ► KAYOR
CITY OF DEATON, TEXAS
ATTEST:
CITY OF DENTON$ TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
Byl
S'f Ai d 1t'aV ri, r 1. ' h• .y r ~r ' ♦`A; a 1 ~1
Decembev 17, 1985
CITY COUNCIL iGENDA 'ITEM
.c.
TO: MAYOR AND ME48ERS OF THE CITY COUNCIL
FROM: Rick Sv%.nia, Acting City Manager
SUBJECT
Consider Resolution Reaffirming the Goal of the Plus
Ono Program.
RECOMMENDATION
The Public Utilities Board, at thA r meeting of
December 4, 1985, recommelded to the City Council
approval of the Resolution reaffirming the goals
originally established by the Plus One Program,
SUMMARY-BACKGROUND
In November 19830 the Utility Department initiatea
the Plus bne Program for needy persons having
difficulty paying their utility bills. During the
first year of activity, this program was received
favorably by the public, However, during 1985, there
has been a decline in support for the program. With
the depletion of funds and the increases requests for
assistance received by the Customer Service Division,
staff feels it is advisable at this time to renew the
public information activity and interest in the Plus
One Program,
In addition to the anticipated support of the
Citizens of Denton, we also expect to receive strong
support from the industrial./commercial community,
FISCAL IMPACT
Costs are estimated as follows:
Pluru One brochures/stuffers 700,00
Newspaper advertising 250.00
Radio advertising $ 2S O100
TOTAL $10200.00
40580:1
I
N~.i,K `A ~'a ♦ n'`r :4 rl7 ,.'4a a c YGvC$-_'~rk:a;
Re eci lly s omitted,
. 0
~ck`3ve a
Acting City Manager
Pre pa ed
Qhn Jos- pe s
Administrative Asst.
eP5~ed b
,e 5 r,
Director of Utilities
EXHIBIT I Proposed Resolition
II Plus I Newspaper Ad
III Minutes PIJB Meeting of 12/4/85
4058Ut2
E:,
t .f •',:J y ♦ . b. l:_ 1 i 5'' r nw i' ~w 'i• n y i'vy'
~4.
i•
R E S O L U T I O N
WHEREAS, the "Plus One" program sponsored by the City of
Denton has in the pare provided needed energy assistance relief
to citizens; and
WHEREAS, the objectives of "Plus One" program are hold in
high esteem by the Public Utilities Board and City Council, NOW,
THEREFORE,
BE IT RESOLVED BY THE CCUNCIL OF THE CITY OF DENTON, TEXAS, THAT:
SECTION 1.
The City Council does hereby reaffirm and pledge its renewed
commitment to the "Plus One" program to provide charitable
energy assistance relief to City o Denton residents who meet
established elig!.bility requirements.
SECTION II.
The City Council noes pledge i.ts support to the development
of now and innovat:v program; Zesignod to provide energy
assistance relief to qualxf4 ',enton citizens, which meet legal
and Charter requirements.
PASSED AND APPROVED this day of , 19_.
CITY OF DENTON, TF..XAS 7W
ATTEST.
CHARLOTTE ALLEN CITY SECRETARY
CITY of DENTON,OTEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
r
BY I r,+oa
A I 'yam
, k• ~ ~k A. iY,r ~ Y Ly, M . r s a -e r ~d~ ~ • ~ 1~ ~ y '
~ - ,sue? `~~t'eY~~r►.a1M~4:w+MerL~fY11L.-. i,. ~r+ ..,,,.t,a,z ~Q 14~,
''Y' -"1~••~~+~,`I'f - ~'.'~'"'~f.'!!'!ta~ 3:'11
YOU CA,i~ MAKEA DID' EREN too,
PREAN1f .
LOS o
UTILITY
SERME CM of 0"70K To X"
When shothtsrrn financial ~ a
errktrgonclet f It. Some famitlef o• ~
cutonalty cannot allo~d the a fl&
L • ; hr Service 111161 veld 1a pro'act .
I emselvtw duriro oxfrsms
weather. Your City Courcil and
Public Utilities Boaid fool tim vie ,
the (:Itirensof Osnton,wic like an ~41Af
oppwiuniq 10 ossisl Wr loss for.
lunote nstihwxs by tonatingi on N
• odditionol.51.00 per M onth on our ;
WINIy bill. 711 s donotkxt is sirktly
vofuntory. All of those contribu•
tkns 'will be set aside foe on
emusairy asslstencs fund thot
would b6 used to help hardship.
stricken ervice. fomilles receive Willa W" DO WE COONNTTRINTE?
e s
f There are .The first way is 10 sign and .
Because the X001 of the program MUM the P•L•U•S OM pledge
Is to PREVENT LOSS 01: UTILITY form below and then, for the next
SERVICE, we have COMO it: twelve months, exa.!ly $1.oo will
P-L-r1 S ONE ~ added lyuti tybillshsnyaw
Payment Is received. it will be op.
WHO IS ELIGIBLE FOR P•L-'J•5•0,4E plfirst to your utility chargqso, .
f ASSISTANCE? thM there is oxodly $1.00 ro.
: MAW ng, it will be deposited as
City of Denton customers who your $1.00 contribution to the p.L•
have received final terndnatlon US One Fund.
nolicss may apply. Consideration
will 4 ptven to low ,ncome AnyiparmenIbsyoild3l.OOabove
familles with proferrorco 0 sing to the ng omounr will b6 uOdNfed
the serlovsly III and/or tits aged. to Tour next month's bill.
tustorners with 01(cesslve utility If you wish to donols,
' ! usoga or other available finonclal 0060"t other than exod $10 • s
resources may not meet eligibility swd o 64por010 chock, tor the
criteria set by the City Cou tc'1. amount of the donation on , with
• utility poymsni, Put r utill•
PJyments will to mods direr iy to 170ccounl number on the check
the •11011310 customer's utility and moke It 00110 "CITY OF DEN-
e account. TOM, P•L•U•S ONE PROGRAM.".
....rrrrr.rrrrrrr.•rrrrrrr rrrrr rr rr rr rrrr
IN NO CASE WILL YOUR CAEon slANMO OR UTILITY SERVICE if JWAMPFO
SIMI D YOU MAY OR WSC(WTWUE rOUR CONTRISU16N
You May Cancel Any;6na By NotRyingi Utility Custorn.r Service
fe T
P-L•U-S ONE PLEDGE '
I Pledge to contribute SI M per me,nih to thi f A-U•S ONE PROGRAM
rot, I or the period InnlnQ of the recelpt of my next utility bill and on.
ding 12 months t eo(th.
y . WGNA N" le 60.1 sn.wuM) - nArt UM" Account NUMW ~ -
MyNICYAr $MOMO / O U r. M*WMY / 90004, XX4J ALM / rr1NHOW (Il'.) wovo
~.-+~rr rr.rr~.rr
~rrrrrr
I
131% '
WIN
SI i q.. tY $ eS.. ~~l,Rd a ~i„ ~5 R is~ ~ vg'4'<)r> ST4 y,f i r~ x L"' a 1y:,
4, t
Excorppt from
PUBLIC JTILITIES BOARD MINUTES
December 4, 1985
r . r r .
3. CONSIDER RESOLUTION REAFFIRMING THE GOALS OF THE PLUS ONE
PROGRAM.
Nelson emphasized the fact thrt the PLUS ONE assistance
program has in the past successfully aided many needy
persons. Do to a decline in support for the PLUS ONE
program, the depletion ~f funds, and the increasing number
of requests for assistance received by Customer Service,
staff felt it advisable to renew public information and
media attention to the PLUS ONE program.
Nelson explained to the Board how the PLUS ONE program
works. Essentially, an agreement is sent to the custoarr
in his/her bill. The customer must designate that they
wish to be enrolled in the PLUS ONE program. If the
customer agrees, he/she is automatically billed one dollar
extra each month for the next twelve (12) months.
Membership then expires and must be renewed, i,e., the
customer must sign a new PLUS ONE pledge.
Chairman Laney stated that he would like to see special
emphasis and advertising placed on this program. Chairman
Laney asked whether costs of advertising came out of the
PLUS ONE fund. Nelson explained that all costs associated
with the administration of PLUS ONE were charged to the
utility budget, -pecifically advertising.
Thompson motion, Frsdy second, to adopt the PLUS ONE
resolution, All ayes, no nays, motion carried unanimously.
w r
i
4060U:1
~•^r-'--- ; . _ . , ,i ..,1, ^'!'L_ a 111711!C~ FWAF1
CY i
R E S O L U T I O N
WH&REAS contract withn they Ta23, xer 97De~pa Dt6e epartment tyof Of Denton Highwsys entered d Pinto a
ublic
Trarsportation to procure right-o:-way for the extc:j.;Lon of
Highway Lonp No. 288 from the p "Gent north terminus of U.S.
Aighway 380, north and vast to Interstate Higlc.fay 35; and to t it it Enecessaryrthat Delhhe Gas uPipt$line o r
Copo ationFtrelocate
certain pipelines and fccilities; and
WHEREAS, the Texas Department of Highways and Public
Transporation has approved a contract between Delhl Gas Pipeline
Corporation and Gulf Interstate En inserin Company in the
+mcunt of $S70492.28 for Gulf to perform engineeringg consulting
including thecpreparation iof construction drairings, s rveys sand
project cost altir.ates; and
WHEREAS the Texas Department of Highways and Public
Transportation has agreed to reimbutce she City of Denton 90
areant of the DelhitGulf contract cook after the City hag paid
Bothi's cost for the same;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TLKAS:
SECTION I.
with T the City's City ca t,Manager witis hereby h the State t Dopart iont nof -Highways
and Public Transportation for the extension of dil4vay No. Loop
2889 to make payment to Delhi Gas Pipeline Corporation for its
actual costs incurred under its contract with Gulf Interstate
Engineerin0 Company for an inserinl consulting services in an
amount not to exceed $5 ,492.28, the actual costs to be
submitted determined and paid to Delhi as the work progresses
upon receipt by the City of invoim from Gulf to Delhi.
SECTION It.
That this Resolution shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of ~
1985.
RICHARD 0. Y09
CITY OF DENTON, TEXAS
ATTESs1
tLiP TT Al LZ1T,-MTV SECFZTA T
CITY Of DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
DEBRA ADANI DRAYOVITCH, CM ATTORNEY
CITY Of DMON, TEXAS
.!F" a-, /44~ - -
-7 7 7 ',777
17
COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR
ROBERT C. LAMER, CNAIRMAPI AND PUBLIC TRANSPORTATION MARK 0. GOODS
THOMAS M. DUNNING P.O. Box 3067
RAY STOKER, JR. Dallas, Texas 75221-306)
November 15, 1985
IN REPLY REfER TO
KENO.
Utility Adjustment, U1-1829
Delhi Gas Pipeline Corporation
f....
Dedon County ;
CSJ 2250-02-002 RECFN "W16,;
8618-1-57 Cary cf NAM
SH Loop 288: From US 380, North and West 4 p, el ~':'-FIee nynt. I
To West of FM 148
r y
Mr. Russell Kilbourn
Delhi Gas Pipeline Corporation NOV 1 $ iS~S
First City Center
1700 Pacific Avenue
Dallas, Texas 75201 ;
Dear Mr, Kilbourn, ;
The lump sum contract with Delhi Jas Pipeline Corporation was approved for
$57,492.28 on September 10, 1985, We now need relocation plans and cost
estimates for your facilities in conflict with the above mentioned project,
After we receive and approve your relocation package, we will -.,horize the
construction of your relocated facilities. Upon completion of your construction,
in n manner consistent with your plans and cost estimates, the State will pay
the City of Denton 90% of the agreed upon amount as specified in your contract.
The City of Denton will be responsible for the r,~naining 10% and will be expected
to reimburse Delhi Gas for the entire amount after all construction has been
completed. Since the State will not ray the City of Penton in advance of
construction, we do not reel it reasonable that they should have to pay Delhi
Gas prior to their receipt of the State's portion of the funds.
Yours very truly, n5r
.1. T h Jr. )
L,1aricWay Engineer
Xgit
TLM:tm
cot Roger Wilkerson
boor P
Ut s l ,rxs _
COMMISSION .STATE DEPARTMENT OF tiIC11WAYS ENGINEER ONECTOR
rIOBERT C. LANIER, CHAIRMAN AND PUBLIC TRANSPORTATION MARK G. GOODE
ROBERT H. 0£DMAN P. 0. Box 3067
JOHN R. BUTLER, JR. Dallas, Texas 75221-3067
September 16, 1985
IN REPLY AV EA TU
ME NO.
Utility Adjustment, U1-1829
Delhi Gas Pipeline Corporation
Denton County 1
CSJ 2250-02-002
8018-1-57
SH Loop 288: From US 380, North and West
To Nest of IN 148
Mr. G. Chris Hartung
City Manager
Sity of Denton
215 Bast McKinni3y
Denton, Texas 76201
Dear Mr. Hartung:
The consulting contract between Delhi Gas Pipeline Corporation has
been approved. The lump sum contract is not to exceed $57,492.28.
The City of Denton will be reimbursed 90% of thin rost by the State.
The utility should be advised of the status of their request,
Yours very truly,
4# ZT1, rth ngton, ,
District Right of y Engineer
AMK:sr
cc: Peter Kowalczik
Bill Olson
;i
DELHI GAS PIPELINE CORPORATION
i
1770 PPC A`I t '..F ~ f
DALLAS, TC:. 45 ISZ01
U2 01985
i
L CC17Y~L
CtTY•F.,, y'
August 16, 1985
City Manager
City of Denton
Municipal Building
Denton, Texas 76201
ATTN: Mr. G. Chris Hartung
RE: 10" MAULINZ RELOCATION
SH LOOP 286
Dear Mr. Hartungs
Transmitted herewith please find one (1) fully-executed contract
for design engineering between Delhi Gas Pipeline Corporation and
Gulf Interstate Engineering Company for the referenced project.
Uso included are the "Basis for Lump Sum Cost" and "Certification
of Consultation" from Gulf. Interstate for your review,
I. complete copy of this package is also being forwarded to the
District le, State Department of Highways and Public Transporta-
tion Office for their review.
If you have any questions, please do not hesitate to call..
Sincerely,
Peter L. Kowalcxik 1
System Engineer
PLK/skd
Attachments
cc: D.V. "01
Mr. Tbrry May
State Department of Highways
Mr. W.M. Olson
Gulf Interstate Engineering
rrrurr~rr
'~''_..ry
i.-r -Y- r;4T7777-7--7
CONTRACT FOR ENGINEERING SERVICES
This ENGINEERING CONTRACT is made and entered into effective as of the loth
day of August , 19859
by and between
GULF INTEkSTATE ENGINEERING COMPANY, having offices at 1233 West Loop South,
Houston, T;,xas 77027 (hereinafter referred to as "ENGINEER")
and
DELHI GAS PIPELINE CORPORATION, having offices at First City Center, 1700
Pacific Avenue, L810, Dallas, Texas 75201-4696 (hereinafter referred to as
"COMPANY"),
I
WHEREAS, COMPANY desires to contract for erngineeeing services concerning
removal and relocation of approximately 4,000 feet of the Denton Gas Gathering
System - 10-inch mainline in Denton County, Texas; and
WHEREAS, ENGINEER represents that it has the experience and qualifica-
tions to perform such servicess, and that it is fully willing and able to
execute such services in strict accordance with the terms and conditions
hereinafter contained.
AGREEMENT
NOW THEREFORE, in consider.stion of the promises, agreements and under-
takings herein contained, the parties hereto mutually agree as follows:
THIS AGREEMENT CONSISTS OF THIS SIGNED DOCUMENT AND THE FOLLOWING
ATTACHED SCHEDUL'S (Note: These schedules apply only for work beyond the
scope, compleAity or character of work under this Agreement):
THIS AGREEMENT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION
.-.r~rr.ra• r r
rr ACT6
0785/0707L -l•
MMMLJ
7 1477
1 k •
YIYIwY~IkYY• ,4 C'
S
SCHEDULE "A" Compensation and Payment Provisions, Home Office Personnel
SCHEDULE 'B" Compensation tnd Payr-!nt Provisions, Field Services
Personnel
SCHEDULE "C" Computer Billing Rates
1.0 ENGINEERING SERVICES
Upon receipt by ENGINEER of written notice from COMPANY to proceed,
ENGINEER will:
1.1 Establish the routing of relocated pipeline, acceptable to both
COMPANY and State Departrvant of Highways and Public Transportation
(hereinafter referred to as "STATE").
1.2 Prepare a detailed project cost estimate, for submittal to STATE,
which includes the ENGINEER's lump sum fee, construction inspec-
tion, materials, labor, right-of-way costs and salvage credit, if
any.
1.3 Perform field surveys necessary to prepare detailed construction
drawings for the relocated portions of the pipeline. Such surveys
will determine natural grade elevations for the proposed route,
locate and mark underground utilities and aapurten~nces along the
proposed route, stake the centerline of the proposed route and
survey new right-of-way easements as required.
1.4 Prepare construction drawings in adequate detail to permit complete
review and approval of COMPANY and STATE for installation of the
pipeline. Such drawings will consist of, but not be limited to,
plans, profiles, sections and details.
1.5 Prepare the property plat for the acquisition of approximately 200
feet of new right-of-wcy south of Audra lane, between Highway
Stations 1217+50 and 1219+50.
1.6 Complete all construction specifications and contracts in actor-
dance with COMPANY and STATE requirements.
0785/0207L -2-
I
1.7 Prepare the complete project bill of materials for all items to be
supplied by Q)MPANY for construction of the pipeline.
1.8 Obtain all road crossing permits necessary to complete installation
of the relocated pipeline.
1.q Attend the construction bid openings at the COMPANY's offices;
assist in tabp,lating and analyzing the bt.s and making recommen-
dations for awarding the construction contmCs .
1.10 Provide construction management and inspection scs,vices to assure
the pipeline is designed, constructed and tested in accordance with
the construction specifications and all other 'orovisions of the
constrkittion contract, STATE specifications an•1 Title 49, CFR,
Part 192, "Transportation of Natural and Other Gas by Pipeline:
Minimum Federrl Safety Standards'. The ENGINEER wil•I not, however,
guarantee the performance of any construction contrilctor.
1.11 Perform construction surveying which denotes with stakes the pipe-
line centerline with offsets, temporary workspace limits, depth of
ditch required, utility easement corridor boundaries, beginrninq
and ending of casing pipe and the limits of construction.
1.12 Provide all field engineering, including interpreting drawings,
coordinating with COMPANY and STATE representatives, witnessing
hydrostatic testing of pipe or performing other functions of a
technical nature.
1.13 Review the construction contractors' Progress Payment Certificates
and Extra Work Order Requests noting ENGINEER's approval or dis-
approval prior to submittal to COMPANY for payment.
1.14 Prepare all necessary contract change orders approval of
COMPANY and STATE.
0785/02071 .3-
77777
_.i ,6..
i.i5 Attend all meetings and conferences with COMPANY, STATE or other
concerned parties necessary to adequately perform the work
described above.
1.16 Notify STATE a minimum of seventy-two (72) hours in advance of the
scheduled start of construction.
1.17 Prepare a job book for COMPANY's records containing certification
by a Registered Professional Engineer that the project was
designsd, constructed and tested in accordance with Title 49, CFR,
Part 192. The job book will also contain all pertinent design and
construction data required by COMPANY.
2.0 SERVICES PROVIDEO SY COMPM Y
As provided in Paragraph 4.1, performance of the above cork by ENGINEER
shall be contingent upon the following services provided by COMPANY,
COMPANY will:
2.1 Complete all research of landowner, title and survey records for
all new right-of-way easements required to relocate the pipeline.
This will include providing ENGINEER with an accurate written
description of property to be crossed by the relocated pipeline.
These services shall be provided on, or before, ENGINEER's written
notice to proceed with the work described herein.
2.2 Conduct all right-of-way acquisition negotiations with landowners
or their agents for both permanent and temporary easements, as
required.
2.3 Purchase all permanent and temporary easements required to relocate
the pipeline.
2.4 Purchase ,nd expedite all pipe, fittings, signs, markers, casing
seals and insulators, cathodic test leads, vent caps and other
materials required to relocate and install the pipeline.
0785/0207L 4-
2.5 Complete work described in Paragraphs 2.2 through 2.4 at least
seventy-two (72) hours prior to the scheduled start of
construction.
3.0 ASSISTANCE PROVIDED BY STATE
As provided in Paragraph 4.1, performance of the work described in
Section 1,0 above by ENGINEER shall be contingent upon the following
assistance provided by STATE on, or before, notice from COMPANY to
ENGINEER to proceed with the work described herein.
STATE will:
~.1 Provide two (2) complete sets of blue line drawings for the
pruposed S.N. Loop 288 roadwork in the area of the pipeline.
These drawings are to be stamped "Approved for Utility Relocation
Purposes Only" and dated.
4.0 AGREEMENT TERM
4.1 ENGINEER will complete services listed above in Paragraphs 1.1
through 1.8 within forty-five (45) calendar days of written notice
from COMPANY to proceed, if the COMPANY and STATE have provided
the assistance described in Paragraphs 2.1 and 3.1 by date of such
notification. Performance of services listed in Paragraphs 1.9
through 1.17 is dependent upon the performance of work by others.
4.2 Failure by ENGINEER to complete servicos listed in Paragraphs 1.1
through 1.8 within the time specified shall be grounds for can-
cellation of this Agreement by COMPANY.
4.3 The time indicated above for completion of the engineering services
performed under this Agreement may be revised to an amount agree
able to ENGINEER, COMPANY and STATE, in the event of change in
scope, complexity or character of work authorized by the COMPANY,
or by unforeseen events beyond the control and without the fault
or negligence of ENGINEER,
0785/0207L .5w
5,0 COMPENSATION AND PAYMENT
5.1 COMPANY shall pay, and ENGINEER agrees to accept, as full compen-
sation for performance of the engineering services described in
Paragraphs 1.1 through 1.4 and 1.11 through 1.17 under this
Agreement, a lump sum amount of $57,442,28 ("Contract Price").
5.1.1 COMPANY shall pay ENGINEER the sum of $28,746.14 (50% of
Contract Price) upon delivery of construction drawings to
COMPANY and STATE for review and approval,
5.1.2 COMPANY shall pay ENGINEER the sum of $14,373,07 (25% of
Contract Price) upon issue for bid of all approved
construction contracts and specifications.
5.1.3 COMPANY shall pay ENGINEER the sum of $14,373.07 (25% of
Contract Price) upon receipt of completed fob books and
project certification,
5.1 COMPANY shall pay ENGINEER for construction management and
I inspection services described in Paragraph 1,10 in accordance with
Schedule "B" attached hereto and made a part hereof. Invoices will
be submitted monthly to COMPANY for all services performed and
expenses incurred in relation to this work, Such invoices will be
due and payable within thirty (30) days of receipt by COMPANY,
5.3 The Contract Price shall be revised in accordance with Schedules
"A", "8" and "C" attached hereto and made a part hereof in the
event of any change within scope, complexity or character of work
is authorized by COMPANY and STATE.
5.4 Compensation to ENGINEER by COMPANY for authorized work beyond the
scope, complexity or character of work under thin Agreement shall
be payable in accordance with the rate schedule attached hereto as
Schedules "A", 08", and "C"►
0785/02071 -6-
L a v 7
,
i
5.5 Compensation to ENGINEER by COMPANY for authorized reductions of
work within the scope, complexity or character of work under this
Agreement shall be reduced in accordance with the rate schedule
attached hereto as Schedules "A", 03% and "C".
6.0 OWNERSHIP Of DOCUMENTS
All plans, designs, maps, drawings, specifications, etc., prepared by
ENGINEER in connection with the project shall be deemed the property of
COMPANY. Upon completion of the project, the original tracings and
documents will be released to COWANY in suitable arrangement for place-
ment in its permanent records.
7.0 ADDITIONAL WORK
Any work not specifically described under Section 1.0 "Engineering
Services" must be approved by modification to this Agreement by COMPANY
and STATE before it is undertaken by ENGINEER. If ENGINEER is of the
opinion that any work it has been directed to perform is beyond the
scope of this Agreement and constitutes extra work, it shall promptly
notify COMPANY and STATE in writing. In the event COMPANY and STATE find
that such work does constitute extra work, then COMPANY shall co advise
ENGINEER, in writing, and shall be obligated to pay extra compensation
to ENGINEER for doing this work in accordance with Paragraphs 5.3 and
5.4, Section 5.01 "Compensation and payment".
8.0 RECORD REQUIREMENTS
ENGINEER shall maintain all books, documents, papers, accounting records
and other evidence pertaining to cost incurred and shall make such
materials available at their office during the Agreement period and for
three years from the date of final payment under the Agreement, for
inspection by COMPANY and STATE.
0785/0207L 47- J
1 7 7777777
9,0 RESPONSIBILITIES
9.1 All work performed by ENGINEER shall be rendered in conformity with
such supervision and goidarce as COMPANY may desire to furnish and
shall be in accordance with all specifications, plans, drawings,
standards, and instructions COMPANY may furnish to ENGINEER.
9.2 CCH PANY shall provide full information regarding its requirements
for the project and will designate a representative authorized to
act in its behalf.
9.3 ENGINEER will at all times keep COMPANY fully advised of the
progress of the project and will consult with CO)VANY in advance
of important decisions and commitments rolating to the services to
be performed. ENGINEER will function as an independent contractor.
10.0 TERMINATION OR CANCELLATION
10.1 Either party may, at its option, terminate or suspend this Agree-
ment in whole or in part, at any time, upon seven days written
notice if the other party fails substantially to perform in accor-
dance with its terms through no fault of the party initiating the
termination or suspension.
10.2 COMPANY may, at its option, terminate or suspend this Agreement in
its entirety or with respect to any phase or program of work at any
time for any reason upon 30 days written notice to ENGINEER and, if
it so elects, take over the work performed by ENGINEER to the date
of such termination or suspension.
10.3 In the event or a termination or suspension, for any reason, by
either party after COMPANY has given ENGINEER notice to proceed,
it is agreed thZt ENGINEER will be paid for all reasonable expenses
incurred, obligated or committed for, in connection with the
project prior to tho date of such termination or suspension and
reasonable demobilization expenses incurred by ENGINEER after such {
0785/0207L -8-
r 7„ k r t d+
7 -7,
7 77771
termination or suspension provided that in no event shall COMPANY
be obligated to pay in excess of the Contract Price.
11.k1 FORCE M1AIEURE
It is agreed neither party shall be responsible for any failure to
fulfill any of its obligations under this Agreement, other than its
obligation to make payment due hereunder, to the extent such failure is
caused by the occurrence of conditions of force majeure. The party
concerred shall, as soon as possible after the occurrence of force
majeure, give notice and full p~-ticulars thereof to the other party.
12.0 INSURANCE AND INDEMNITY
12.1 Consistent with the provisions of Section 11.1 herein, ENGINEER
agrees to indemnify and hold harmless COMPANY from all losses,
cost and expense and from any claims and demands for bodily injury
and/or property damages to the extent attributable to the (i)
breach of any provision of this A;reement, or 01) the negligence
of ENGINEER, 113 agents, subcontractors, assignees or its employees
arising out of or in connection with the performance of this Agree-
ment to the extent or ENGINEER's existing valid and collectable
insurance in force at the time of any claim.
12.2 ENGiNtcl2 shall hold harmless STATE from, all claims and liability
due to activities of itself, its agents or employees. ENGINEER
shall also save harmless STATE from any and all expenses, including
attorney fees which might be incurred by STATE in litigation or
otherwise resisting said claim or liabilities which might be
imposed on STATE as the result of activities cy ENGINEER, its
agents, or employees.
12.3 ENGINEER, at its own expense, shall provide and maintain in force
the kids of insurance, with companlos acceptable to COMPANY, and
in the minimum amounts of coverages set forth in the insurance
schedule aelow to cov_.r all loss and liability for damages on
013.x/4201 C - ~,l
%s L .5 N.f < r.. r' .vA 4 i t a Y r w ` V I h Y r Y, r., . '1
account of bodily injury, including death, and injury to or
destruction of property caused by or arising from any and all
operations carried on, or any and all work performed` under any
Agreement.
12.3.1 worker's Condensation (Including Occupational Disease) and
Employer's Liability Insurance. Each of he following
coverages and employer's liability shall be subject to a
minimum policy limit of $100,000 per person. Coverages
shall apply to all employees in accordance with the bene-
fits afforded by the statutory Worker's Compensation Acts
applicable to the State, Territory or District of hire,
supervision or place of accident.
12.3.2 Comprehensive General Liability Insurance. Covering
premises, operations, products and completed operations,
independent contractors, and blanket contractual liability.
Policy shall cover all liabilities arising out of explosion
(x), collepse (c), and underground (u) hazards. Policy
shall be Endorsed to provide broad form, property damage,
including completed operations. Policy limits shall not
be less than:
(1) Bodily Injury: $3009000/$300,000
(2) Property Damage: $1001000/$100,000
12.3.3 Comprehensive Automobile Liability Insurance. Covering all
owned, hired and non-owned automotive equipment. Policy
limits shall not be less than:
(1) Bodily Injury: $250,000 Per Person
$500,000 Per Oc.crrence
(2) Property Oamage~ $100,000 Per Oc.~urrei%!:e
All policies shall provide that the insurance company will notify
COMPANY tK-ty (30) days prior to the termination of zny policy,
0785/0207L -10-
77I I ='i s np
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ii .7
and before any changes are made which restrict or reduce the
coverage provided o►- change the name of the ensured. In the event
of ENGINEER's failure to carry out any of tie provisions of this
Paragraph 11.0, COMPANY shall, in addition to any right to recover
damages or to obtain other relief, have the right to cancel and
terminate this Agreement. All insurance policies of ENGINEER shat`
be en',rsed in accordance with the following p:+licy wording to
waive all express or implied rights of subrogation:
"The Insurers hereby waive their right of subrogation
against any individual, firm, or corporation, their
subsidiaries, factors or assigns for whom or with
whom the Assured may be working."
Before commencing performance of any Agreement, ENGINEER shall
furnish COMPANY with Certificates of insurance, on 1or+r.s furnished
by COMPANY, indicating:
(a) Kinds and amounts of insurance required above.
{b) Insurance company or companies carrying the aforesaid cover-
ages.
(c) Effective and expiration dates of policies.
(o) That COMPANY will be given thirty (30) days writtei advance
notice of any material change in any policy or termination.
(e) That Waiver of Subrogation, Broad Form Property Damage and
Explosion, Collapse tnd Undergrouo:d Endorsements have been
attached to all policies.
(f) The territorial limits of all policies.
(g) That the indemnification and hold harmless provisions hei,eof
are insured.
ENGINEER smroil require all of its subcontractors to provide the
foregoing coverages, as well as any other coverages, that ENGINEER
may consider necessary, all to be endorsed with the waiver of
subrogation wording above, and any deficiency in the coverages,
policy limits or endorsements of said subcontractors will be the
sole responsibility of ENGINEER,
0785/0207L -11-
1. ~71
J : ^iJx 1 P `IY""
y. ! e,t1! 7v ~12,4 ENGINEER shall perform its duties hereunder consistelit with
generally accepted industry or professional standards; but
ENGINEER's liability in the event of defect, error, omission, or
failure in any of ENGINEER's services under this Agreement shall
be limited to defects arising out of its negligence and further
limited to the correction of defects in services originally under-
taken by ENGINEER, by ENGINEER reperforming the defective portion
of the project without additional cost to COMPANY, provided
ENGINEER is notified by COMPANY in writing of such defect within
ninety (90) days after completion of ENGINEER's services under
each separately assigned project undertaken pursuant to this
Agreement, and such notice specifically includes a request for
reperformance. However, ENGINEER shall not be liable for any
other cost including, but not limited to, replacement materials,
equipment or labor incurred by COMPANY in connection with the
correction of any such defects.
12,5 Notwithstanding anything in this Agreement to the contrary, it is
agreed that ENGINEER shall not be liable in any event for any
special or consequential damages suffered by COMPANY and arising
out of the engineering, design, construction management or
operation of any project.
12.6 It is further expressly provided that ENGINEER does not warrant
materials or equipment either supplied by COMPANY or others or
purchased from third'parties. ENGINEER will, however, act for and
on behalf of COMPANY in assisting in the enforcement of any
warranties of the vendors or suppliers of materials or equipment.
13.7 ENGINEER's lia0 lities, obligations and warranties are exclusively
those expressly set forth in this Agreement and no other liabili-
ties, obligations and warranties are t;, be either expressed or
implied.
12.8 ENGINEER shall be liable at all times for damage to or destruciion
of ENGINEER's equipment and materials, regardless of how such
0785/02011 -12-
ror~~r
tip' rlh ":7a e4 ,C 4 rt+o r C.+-~
7 77
Camage or destruction occurs. COMPANY shl"I be under no liability
to reimburse ENGINEER for any such loss Ckc¢pt to the extent caused
by negligent, willful or wrongful acts of COMPANY.
12.9 ENGINEER shall report to COMPANY, in writing, as soon as practi-
cable, all accidents or occurrences resulting in injuries or damage
to property arising out of cr during the course of performance of
any Agreement with COMPANY, and, When requested, shall furnish
COMPANY with a copy of reports made by ENGINEER to ENGINEER's
insurer or to others of such accidents and occurrences.
13.0 ASSIGNMENT
ENGINEER shall not assign, transfer or subcon":ract any portion of the
work under this Agreement unless specifically approved in writing by
COMPANY. Subcontractors shall comply with the provisions of this
Agreement.
14,0 COMPLIANCE WITH LAWS
ENGINEER shall comply with all Federal, State and local laws, statutes,
ordinances, rules and regulations, and the orders and de:rees of any
courts, or administrative bodies or tribunals in any matter affecting the
performance of this Agreement, includinq, without limitation, worker's
compensation laws, minimum and maximoa salary and wage statutes and
regulations, and licensing laws and regulations. When required, ENGINEER
shall furnish COMPANY with satisfactory proof of his compliance there-
with.
15.0 ARBITRATION
Any controversy or claim arising out of or relating to this Agreement,
or the breach thereof, shall, if not settled by mutual agreement of the
parties, be settled by arbitration in accordance with the Rules of the
American Arbitration Association, and judgment upon the award rendered
by the arbitrators may be entered in any covi,t having jurisdiction
0195/0201L -13-
thereof. Arbitration proceedings hereunder shall be conducted in
Houston, Texas.
16.0 COVENANT AGAINST CONTINGENT 'CES
ENGINEER warrants that he has not employed or retained any company or
persons, other than a bona fide employee working solely for ENGINEER, to
solicit or secure this Agreement and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely
for ENGINEER, any fee, commission, percentage* brokerage fee, gift;, or
any tither consideration, contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, the
COMPANY shall have the right to annul this Agreement without liability
or, in its discretion, to deduct from the Agreement price or compen-
sation, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
I
17.0 CIVIL RIGHTS COMPLIANCE
17.1 ENGINEER shall comply with the Regulations relative to nondis-
crimination in Federally-assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and
made a part of this Agreement.
17.2 Nondiscrimination: ENGINEER, with regard to the work performed by
him during the Agreement, shall not discriminate on the grounds of
race, color, or national origin in the selection and retention of
subcontractor;, including procurements of materials and leases of
equipment. ENGINEER shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Agreement
covers a program set forth in Appendix B of the Regulations.
0785/Q2Q7L -14- - 0)
I.W Y r~rt r4f. ]<1t3 ,r 7 kJ t
17.3 Solicitations for Subcontracts, Including Procurements of Materials
and Equipment: In all solicitations for work to be performed under
a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be noti-
fied by ENGINEER of ENGINEER's obligations under this Agreement
and thP.^.egulations relati i~ to nondiscrimination on the grounds
of race, color, or national origin.
18.0 NOTICES
Notices shall be in writing and addressed to:
Gulf Interstate Engineering Company
P. 0. Box 56288
Houston, Texas 77256-6288
Attention: William M. Olson
Delhi Gas Pipeline Corporation
First City Center
1700 Pacific Avenue, LB10
Dallas, Texas 75201-4696
Attention: Peter Kowalczik
19.0 ALTERATION
This Agreement contains the entire agreement and represents a merger of
all preceding agreements between the parties hereto pertaining to the
subject matter hereof. No agent or employee of either party shall have
authority to amend or alter this Agreement, except in writing, and any
such amendments or alteration will be Affective only when executed by
the duly authorized officers of both parties.
20.0 SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the successors or assigns of both
parties.
L0786/0207L -15-
~~f s A { n .r.. y
.T 1 .a-.j :{t r, r
IN WITNESS WHEREOF the parties have executed this Agreement in duplicate,
intending each duplicate copy to serve as an originals as of the effective date
set forth above.
WITNESS: GULF INTERSTATE ENGINEERING COMPANY
"ENGINEER"
.e... By:
Name: John A. Oeeasey, Jr
Title: Vice President
Date: August 13 1985
MITNESS: DELHI GAS PIPELINE CORPORATION
"COMPANY"
By:
Name: _ L F_ Ui~ _ `
Title: Senior Yice President _
Date.: Auqust lE igg5
07"/02"" -15-
SCHEDULE "A"
COMPENSATION AND PAYMENT PROVISIONS. HOME OFFICE PERSONNEL
RATE PER HOUR
CLASSIFICATION STRAIGHT TIME OVERTIME
ENGINEERING
Project Manager 63.00 (3
Senior Principol Engineer 52.00 3
Principal Engineer 47.00 0
Senior Engineer 40.00 (3
Engineer 32.00 (3)
PROJECT CONTROL
Manager Project Control 66.00 (3)
Cost/Scheduling Supervisor 50.00 (3)
Principal Cost Analyst 44.00 (3
Principal Scheduler 44.00 (3)
Senior Cost Analyst 36.00 (3)
Senior Scheduler 36.00 3
Cost Analyst 28.06 (3)
Scheduler 28.00 (3)
PROCUREMENT
Mana4,er of Procurement 52.00 (3)
Procurement Supervisor 48.00 (3
Inspection Supervisor 40.00 (3
Senior Buyer 40.00 (3)
Senior Material Coordinator 40.00 (3)
Senior Expeditor 32.00 `3)
Inspector 25.00 )
Material Coordinator 25.00 (3)
Buyer 25.00 (3
Expeditor 22.00 (3)
Vendor Data Coordinator 18.00 24.00
0765102081 A-1
'rRATE PER HOUR
CLASSIFICATION STRAIGHT TIME OVERTIME
DESIGN DRAFTING
Manager Design Drafting 53.00 {3)
Design Coordinator 41.00 (3
Design Supervisor 36.00 (3)
Senior Designer 33.00 42.00
Designer 29.00 38.00
Senior Drafter 26.00 33.00
Drafter 24.00 32.00
Drafting Assistant 14.00 18.00
ADMINISTRATION
Contract Administrator 36.00
Administrative Assistant 26.00 (3~
Executive Secretary 24,00 32.00
Senior Secretary 18.00 23.00
Secretary 14.00 18.00
Clerk/Typist 12.50 16.00
Notes
1. Overtime rates shall apply for all hours in excess of 40 hours per week.
ENGINEER may extend the work week up to 50 hours w•;thout prior approval of
Company.
2. Rates include labor, benefits, overhead and profit.
3. Overtime rates for this classification are the same as the straight time
rates.
4. Contract drafting and secretarial personnel will be billed in accordance
with this schedule.
5. On a monthly basis, ENGINEER shall be reimbursed for communications and
normal reproduction charges on the basis of an amount of 1.5% of the total
invoiced amount for labor for home office personnel. Extraordinary repro-
duction costs, such as those associated with the compilation of data books
and construction bid documents, shall be invoiced at cost.
the expenses including but not limited to equipment and materials pur-
for use on the project, travel and lodging of ENGINEER's employees,
i raies contracted by ENGINEER, at the direction of Company, shall
-.ibursed at cost.
END OF SCHEDULE "A"
0785/0208L A-2
.'per it i..p y~.
SCHEDULE "B"
COMPENSATION AND PAYMENT PROYISNNS FIELD SER MES PERSONNEL
CLASSIFICATION
Onshore Inspection
Calendar Oav Rate
Construction Manager 3
Const m ction Engineer b 219'00
190.00
Office Manager
Secretary/Typist T50.00
105.00
Chief Inspector
Sr. Utility Inspector/Test Inspector 160.00
Sr. Welding Inspector 155.00
Welding Inspector/Tie-In Inspector 155.00
NOE Inspector 159.00
Craft Inspectors: Clear 6 Grade 150.00
145.00
Trenching 145.00
Stringing 145.00
Coating 145.00
Lower-in 145.00
Backfill 145.00
Clean-up 145.00
Weld Ident. Recorder
145.00
R 1jht_Jf KM
Right-of-Way Supervisor
180.00
Right-of-Way Agent
Permits Agent 150.00
Title/Abstractor 1~,~
150.00
Secretary/Typist 105.00
0785/0208L 8-1
Y4' S ''CJ 1 . ".a+i .S^.,, ly:5« ♦ a e A " 'f^ J"~ n?"y~ a~Y'~11 h T i L.P
77
1~-w 4
Station/Plant Inspection Calendar Day Rate
Chief Insp€ctor 170.00
Sr. Utility Inspector: Civil 155.00
Mechanical 155.00
Structural 155.00
Electrical/Instrumentation 155.00
Welding/Piping Inspector 155.00
NOE Inspprt_cr
155.00
Offshore Inspection
Chief inspector $ 185.00
Welding Inspector 165.00
Coating Inspector 160.00
NOE Inspector 170.00
Notes
1. All rates are based on a work week consisting of 1 days at 10 hours per
day. A minimum of seven (7) days per week will be charged with no extra
charges for overtime work.
2. Mobilization and demobilization is for travel time from home base to job
site and return from fob site to home base. The charge for mobilization
and demobilization will be as follows:
For travel between home base & job site:
1) Less than 500 miles - one day at the respective individual's day rate.
2) $01 miles to 1000 miles - two days at the respective individual's day
rate.
3) Over 1000 miles - three days at the respective individual's day rate.
0785/0208L 8-2
4 11
MVf
If the personnel voluntarily nnigns or is dismissed for reasons other
than a satisfactory fob completion, the demobilization charge will be
forfeited.
3. All rates are Inclusive of all labor costs, payroll burdens, overhead,
per diem, --vehicle allowance and fee.
4. The vehicle allowance which is included in the daily rate shall cover
total mileage charges for all classifications except Chief Inspector, R/N
Supervisor and R/N Agents. The rates for these classifications cover
ground transportation on the job site up to 3000 miles per month. Any
mileage in excess of 3000 miles per calendar month shall be billed at
22.5e per mile. The mileage incurred for the mobilization and demobili-
zation travel shall be accumulated as part of the 3000 miles per calendar
month allowance.
5. Expenses incurred by personnel for traveling and performing services at
owipers request, away from assigned work locations shall be billed at cost.
These costs include air fares, rental car 6 lodging expenses (but specifi-
cally excluding meals). Said expenses to be substantiated by receipts.
END iF SCHEDULE 08"
Ln /0 208L 8.3
...._.._......w._.._~..
i
SCHEDULE "C"
COMPUTER BILLING RATES
IN-HOUSE COMPUTER SERVICES
Use of ENGINEER's IBM PC or COMPAQ computers and peripheral equipment located
in field offices will be billed as folkws:
IBM PC or COMPAQ Computer S15.DO/day
Printer 5.00/day
Mod-3m 2.50/day plus actual communication charges
OUTSIDE COMPU14V%, SERVICES
Charges for ca,-,pater services performed by outsir;e service bureaus will be
billed at test.
COMPUTER AIDED DRAFTING (CAD)
Use of the ENGINEER'S Intergraph Corporation Raster Terminal and perioheral
equipment will be bill-.d as follows:
Connect time, including operator, per quarter hour $ 11.00
Plotting of drawings will be as follows:
H. P. Ink plot, per minute 1.00
WORD PROCESSING I
Use of the ENGINEER'S Wang Laboratories word processing system will be billed 1
as follows:
Connect time, includirog operator, per quarter hour 1.50
END OF SCHEDULE "C"
{
0785/0200L C-1
ti .ka
BASIS FOR LUMP SUN CAST
FOR
CONSTRUCTION ENGINEERING
ON
10-:NCH OENTON MAINLINE RELOCATION
I. LABOR
Classification Hours Rate Amount
A, Principal Engineer 440 $23,50 ;10040.00
B. Senior Engineer 140 20,00 2
,800.00
C. Senior Designer 264 16,50 4,355.00
D. Senior Secretary 120 9100 10080.00
E. Senior Buyer 30 20.00 600.00
00
Labor Subtotal $19,176.00
OVE,itiead* (Factor ■ 0.95) ;180217.20
Profit (Factor = 0.05) 058,80
Total Labor Cost $38,352,00
H. OTHER SERVICES
As Survey Subcontractor 126 $93.75 $12,000,00
B. Word Processing 20 30.00 - 600,00
Total Cost Other Services $12 ;12,600,00
Note: * For explanation of Overhead Factor see Exhibit "A",
0785/02091 „1-
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77
III. REIN A2SABLE EXPENSES
A. Principal Engineer
(Construction Supervision and COMPANY/STATE )ieatisigs)
Meals and Lodging 70/Day 15 Days $100
$ 50.00
Car Rental and Fuel $ 55/Day 15 Days 825.00
Airfare and Parking $120/Vay 8 Days 960.00
Subtotal Field Engineer Expenses $2,835.00
B. Senior Engineer (Survey Supervision)
Meals and Lodging $ 70/Day 18 Days $1,260.00
Car Renter and Fuel $ 55/Day 18 Days 990,00
Airfare and Parking $120/Day 4 Days 480.00
Subtotal Project Engineer Expenses $41730.00
C. Project Job Book Reproduction Costs $ 400.00
D. Telephone and Reproduction Costs
(1.5% of Labor Cost) $ 575.28
Total Reimbursable Expenses $6.540,.2_8, $_6,540.28
Total Lump S-im Price $,51AII S
0785/0209L •2- 1 l
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','n 1 ~ n G r EXHIBIT A
The overhead factor is based on actual overhead costs for the ENGINEER's
company as of the end of .:alendar year 1984. The overhead factor is composed
of :be following:
PERCENT TOTALS
A. EMPLOYEE BENEFITS
1. Vacation 5.5
2. Sick Leave 2.6
3. Holidays 3.9
4. Other Paid Leave 1.3
5. Employee Insurances 6.0
6. Savings Plan 1.8
7. Workmen's Compensation 1.2
8. FICA 8.0
9. Federal b State Unemployment 1.7
Subtotal 32.0 32%
8. OFFICE OPERATIONS
1. Labor - Overhead 31.0
2. Supplies, Equipment, Postage, Misc. 2.0
3. Printing & Reproduction 6.0
4. Communications 4.0
Subtotal 43.0 43%
C. RENTAL EXPENSE 20%
TOTAL OVEP,4EA0 FACTOR 95%
y
LL07?851~0209L -3-
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s't y
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Vice-President and duly
authorized representative of the firm of Gulf ni a e n Weer n Com anj
whose address is 1233 Nest Loop South, ous on, as ana
That, except as expressly stated and described herein, neither 1 nor the
firm of Gulf Interstate Engineering Company - has, in connection with
its contract with _1 e as pe _n_e orDOra on entered into pursuant
to provisions of an agreement between the aforementioned utility and the gate
of Texas , as a part of right-of-way project 8018-1-57,
(a) employed or retained for a comeission, percentage, brokerage,
contingent fee, or other consideration, any firm, company, or person, other
than a bona fide employee working solely for me or the aforementioned firm, to
solicit or secure the contract, or
(b) agreed, as an express or implied condition for obtaining the award
of the contract, to employ or retain the services of any fitia, company, or
person in ctnntcti)n with the carrying out of the contract, or
(c) paid, or agreed to pay, to any firm, company, organization, or
person, other than a bona fide employee working solely for me or the afore-
mentioned firm, any fee, contribution,, donation, or consideration of any kind
for, or in connection with, procurinu or carrying out the contract.
(Statement and explanation of exceptions, if any):
I acknowledge that this certificate is to be furn!shed to the State
Highway Department and the Federal Highway Administration, U.S. Department of
Transportation, in connection with the aforementioned project involving
participation of Federal and highway funds, and is subject to applicable State
and Federal laws, both criminal and civil,
I
August 13, 1985
--ae tsignature).