Loading...
HomeMy WebLinkAbout02-18-1986 A C~ENd~F 10 CW( 191 ACBNDA CITY OF DENTON CITY COUNCIL February 18, 1986 Work Session of the City of Denton City Council on Tuesday, February 18, 1996, at 5:30 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5:30 p,m. 1. Presentation by the Economic Development Study Committee. 21 Presentation of Management Letter by Arthur Andersen and Company, auditing firm. 30 Discussion of landscape/tree ordinance requirements. 4. Discussion of a "no smoking" ordinance for the City of Denton. 5. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec, 2(£), Art, 6252-17 V.A.T,S. C. Personnel Under Sec. 2(g), Art, 6252-17 V.A,T,S, D. Board Appointments Under Sec, 2(g), Art;, 6252-17 V.A,T.S, Regular Meeting of the City of Denton City Council on Tuesday, February 18, 19860 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, 1. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations, Listed below are bids and purchase orders to be approved for payment t4nder the ordinance section of the agenda. Detailed back-up information is attached to the ordinstices (Agenda items 6,A4 b.B, 6.C). This listing is provided on the Consent Agenda 3 to allow Council Members to discuss any item prior to approval of the ordinance. City of Denton City Council Agenda February 18, 1986 rage Two A. Bids and Purchase Orders: 1. Bid M 9571 - 30 channel logging system 21 Bid 0 9573 - 'vacuum sweeper 3. Bid # 9573 - Yellowstone 6 Prairie Drainage 4. Bid N 7577 - Aluminum conductor 5, Purchase Order 0 72254 to Wang Laboratories in the amount of $14,805.40 b. Purchase Order N 72291 to Southwest Electric in the amount of $15,oo0.U0 B. Change Order: 1. Approval of Change Order M1, Bid # 95500 Water Treatment Plant Upgrade (Phase I), Boswell Company C. Final Payments: 1. Bid 4 940 - Repaving bid - bond issue to Cutler Repaving 2. Oversize waterline, Westgate Heights, Phase I, Denton-Tedi, Inc. D. Plats and Replats: 1. Approval of preliminary plat of the 288 Center Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 2. Approval of final replat of the Commerce Center Addition, Lot IR, Block 3. (The Planning and Zoning Commission recommends approval.) 3, Approval of preliminary and final replats of tie Freeway Park Addition, Lots 4B1 and 482, block A. (The Planning and Zoning Commission recommends approval,) 44 A proval of preliminary and final repplats of the Hann's Addition, Lots 1, 7 and 3, Block 21 (The Planning and Zoning Commission recommends approval,) Approval of general development plan of the Southern Hills Addition. (The Planning and Zoning Commission recommends approval.) City of Denton City Council Agenda February 18, 1986 Page Three 2. Consider approval of allowing students from NTSU to collect funds for United Way from City of Denton street intersections, 3. Appearance by Ms, Susan Barry inviting various organizations (such as the YMCA, Salvation Army, etc,) to establish chapters in Denton to assist the poor and needy. 4. Consider approval of a request by Mr. Ed Hall to put up posters for rally at the Full Gospel Church, 5. Public Hearings: A. Z-1790, Petition of Paul vi, Haywood requesting approval of a comprehensive site plan for a portion of a 112,88 acres wixed use planned development (PD-41) located at the southeast and southwest corners of Loo?. 288 and East McKinney Street (FM 426), `this 12 acre tract approved for planned development/general retail land use is located at the southwest corner of Loop 288 . and Bast McKinney Street (FM 426), The proposed site plan contains the following information: Land Area - 89,000 square feet Building Area - 18,000 square feet Parking Provided - 97 spaces Lot Coverage - 20 percent Building Height - 37 feet Signage - 400 square feet maximum area, 40 feet maximum height, (The Planning and Zoning Commission recommends approval.) B, Hold a public hearing on the request of Richard Compton, R, J, Button, Charles Ziff and the City of Denton for annexation of approximately 614.6 acres being part of the 20 . Pitkett -Survey, Abstract 1018, the N, Britton SurvM4 Abstract 51, the J, Rogers Survr:y, Abstract , the J, Rogers Survey, Abstracr, 1085, and the B. Rogers Survey, Abstract 1101, and beginning north of Old Alton Estates, Phuth of Ryan Road, west of FM 21810 and east of the G.C. 6 S.F, Railroad (A-30), C. Hold a public hearing concerning the request of Teasley Road Associates and the City of Denton for proposed annexation of approximately 125,25 acres beginning at Kings Road and pro-)osed Loop 2880 south of Oak Bend Estates, and south of Silverdome Road (A-33). City of Denton City Council Agenda February 18, 1986 Page Four 6. A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purc.lase of materials, equipment, supplies or services. 8. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requiremo nts of competitive bids, D. Consider adoption of an ordinance amending Ordinance No. 85-79 to provide for a corrected legal description of the property thereby rezoned (Z-1729). 5. Consider adoption of an ordinance amending Ordinance No. 85-146 to provide for a corrected legal description of the property, thereby rezoned (Z-1752). F. Consider adoption of an ordinance approving a contract between the City of Denton and Denton Boy's Baseball, Inc. (The Parks and Recreation Board recommends approval.) G. Consider adoption of an ordinance abandoning easements in the Southern Hills Addition. (The Public Utilities Board recommends approval.) H. Consider adoption of an ordinance to accept Bid 1► 9541, trade or exchange of land at Wastewater Treatment Plant (approximately 18.16 acres), (The Public Utilities Board recommends approval.) I. Consider adoption of an ordinance approving a contract between the City of Denton and Lake Cities Municipal Utility Authority for the interim sale of wholesale treated water. (The Public Utilities Board recommends approval.) i 7, Resolutions; A, Consider approval of a resolution in support of anti-crime legislation. I rYit gity of Denton City Council Agenda February 18, 1986 Page Five . S. Hold a discussion of petition of Oakhiil Joint Venture for annexation of approximately 80.800 acres beginning adjacent and south of Bast McKinney Street (FM 426) approximately 1 112 miles east of Mayhiil Road for the purpose of determining whether to begin the annexation process (A-35). 91 Discussion of petition of Millet of Texas, Inc. for annexation of approximately 60 acres beginning south of Highway 380 east and west of Trinity Road for the purpose of determining whether to begin the annexation process (A-36). 10. Consider approval of a request for sanitary sewer service outside city limits by R. 0. McDonnell. (The Public Utilities board recommends approval.) 11. Consider approval of a request for water and sanitary sewer service oL. -iide Denton city limits for Denton Independent School District on Hickory Creek Road. (The Public Utilities Board recommends approval.) 12. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 13, New Business: This item provides a section for Council Members to suggest items for future agendas. 14. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 62S2-17 V.A.T.S. B. Real Estate Under Sec, 2(f), Art. 6252-17 V.A.T.S. Co personnel Under Sec. 2(8), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. C E R T I F I C A T E I certify that the above notice of meeting wa; posted on the bulletin boa ct the Cit Hf11 of the City of Denton, Texas, on the day of ~ 1986 at o'clock btAbTAROT 2057C AGENDA CITY OF DENTON CITY COUNCIL February 18, 1986 Work Session of the City of Denton City Council on Tuesday, February 18, 1986, at 5:30 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5,030 P.M. 1. Presentation by the Economic Development Study Committee. 2. Presentation of Management Letter by Arthur Andersen and Company, auditing firm, 3. Discussion of landscape/t:roe ordinance requirements. 4. Discussion of a "no smoking" ordinance for the City of Denton. 5. Bxecutive Session: A. Legal Matters Under Sec, 2(e), Art. 6252-17 V.A,T.S, B. Real Estate Under Sec. 2(f), Art. 6252-17 V,A.T,S. C. Personnel Under Sec, 2(gArt, 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art, 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, February 18, 19860 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. 1, Consent Agenda: Bach of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations, Listed below are bids and purchase girders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 6,A0 6,B0 6.C), This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance, City of Denton City Counl'01 Agenda February 18, 1986 Page Two A. Bids and Purchase Orders: 1. Bid 0 9571 - 30 channel logging system 2. Bid # 9573 - Vacuum sweeper 3. Bid # 9575 - Yellowstone 6 Prairie Drainage 4. Bid 0 7577 - Aluminum conductor 5. Purchase Order 72254 to Wang Laboratories in the amount of $14,805.40 6. Purchase Order # 72291 to Southwest Electric in the amount of $15,UOU.00 B. Change Order: 1. Approval of Change Order 01, Bid 0 9550, Water Treatment Plant Upgrade (Phase I), Boswell Company C. Final Payments: 11 Bid 0 9487 - Repaving bid - bond issue to Cutler Repaving 2. Oversize waterline, Westgate Heights, Phase 1, Denton-Tedi, Inc. D. Plats and Replats: 1. Approval of preliminary plat of the 288 Center Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 2. Approval of final replat of the Commerce Center Addition, Lot 1R, Block 3. (The Planning and Zoning Commission recomm~,nds approval,) 3. Approval of preliminary and final replats of the Freeway Park Addition, Lots 4B1 and 02, Block A. (The Planning and Zoning Commission recommends approval.) 4. Approv,il of preliminary and final repplats of thhe Hann's Addition, Lots 1, 2 and 3, Block 21 (The Planning and Zoning Commission recommends approval.) 51 Approval of general development plan of the Southern Hills Addition. (The Planning and Zoning Commission recommends approval.) City of Denton City Council Agenda February 18, 1986 Page Three 2. Consider approval of allowing students from NTSU to collect funds for United Way from City of Denton street intersections. 3. Appearance by Ms. Susan Barry inviting various organizations (such as the YMCA, Salvation Army, etc.) to establish chapters in Denton to assist the poor and needy, 4. Consider approval of a request by Mr. Ed Hall to put up posters for rally at the Full Gospel Church, 51 Public Hearings: A. Z-1790. Petition of Paul M. Haywood requesting approval of a comprehensive site plan for a portion of a 112.88 acre mixed use planned development (PD-41) located at the southeast and southwest corners of Loop 288 and East McKinney Street (FM 426). This 3.12 acre tract approved for planned development Ygeneral retail land use is located at the southwest corner of Loop 288 and bast McKinney Street (FM 426). The proposed site plan contains the following information; Land Area - 89,000 square feet Building Area - 18,000 square feet Parking Provided - 97 spaces Lot Coverage - 20 percent building Height - 37 feet Signage - 400 square feet maximum area, 40 feet maximum height. (The Planning and Zoning Commission recommends approval.) B. Hold a public hearing on the request of Richard Compton, R. J, Button, Charles Ziff and the City of Denton for annexation of approximately 614.6 acres being part of the B, Pickett Survey, Abstract 10180 the N. Britton SurvM4 Abstract Sl, the J. Rogers Survey, Abstract , the J. Rogers Survey, Abstract 1085, and the B, Rogers Survey, Abstract 1101, and beginning north of Old Alton Estates, south of Ryan Road, west of FM 21819 and east of the G.C. 8 S; P, Railroad (A-30). C. Hold a public hearing concerning the request of Teasley Road Associates and the City of Denton for proposed annexation of approximately 125.25 acres beginning at Kings Road and proposed Loo 2880 south of Oak Bend Estates, and south of Silverdon a Road (A-33), f a City of Denton City Council Agenda February 18, 1986 Page Pour 6. A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C. Consider adoption of an ordinance providing for the expendituro of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. D. Consider adoption of an ordinance amending Ordinance No. 85-79 to provide for a corrected legal description of the property thereby rezoned (Z-1729). B. Consider adoption of an ordinance amending Ordinance No. 8S-146 to provide for a corrected legal description of the property thereby rezoned (Z-1752). F. Consider adoption of an ordinance approving a contract between the City of Denton and Denton Boy's Baseball, Inc. (The Parks and Recreation board recommends approval.) G. Consider adoption of an ordinance abandoning easements in the Southern Hills Addition. (The Public Utilities Board recommends approval.) H. Consider adoption of an ordinance to accept Bid N 9541, trade or exchange of land at Wastewater Treatment Plant (approximately 18.16 acres). (The Public Utilities Board recommends approval.) I, Consider adoption of an ordinance approving a contract between the City of Denton and Lake Cities Municipal Utility Authority for the interim sale of wholesale treated water, (The Public Utilities Board recommends approval.) 7. Resolutions: A. Consider approval of a resolution in support of anti-crime legislation. City of Denton City Council Agenda February 18, 1986 Page Five 8. Hold a discussion of petition of Oakhill Joint Venture for annexation of approximately 80.800 acres beginning adjacent and south of Bast McKinney Street (FM 426) approximately 1 1/2 stiles east of Mayhill Road for the purpose of determining whether to begin the annexation process (A-3S). 9. Discussion of petition of Miller of Texas, Inc. for annexation of approximately 60 acras beginning south of Highway 380 east and west of Trinity Road for the purpose of determining whether to begin the annexation process (A-36). 10. Consider approval of a request for sanitary sewer service outside city limits by R. 0. McDonnell. (The Public Utilities board recommends approval.) 11. Consider approval of a request for water and sanitary sewer service outside Denton city limits for Denton Independent School District on Hickory Creek Road. (The Public Utilities Board recommends approval.) 12. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 13. New BIasi,ke:;s: This item provides a section for Council Members to suggest items for future agendas. 14. Executive Session: A. Legal Matters Under Sec. 2(e), Art, 62S2-17 V,A,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. Board Appointments Under Sec, 2(g), Art 6252-17 V,A.T,S. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1986 at o'clock (a.m.) p.m. SEMINARY 2057C -We_€fe t :...'~1+4 r.+n .Tt:~.[ T^ TIP Y^F.' `I{ T 4qn R ;It 1, 4 3505 Teasley Lane/Denton, Tex&3 76205/817.565.0313/817.565.0554 February 2, 1986 DENTON CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT STUDY FOR DENTON, TEXAS The Board of Directors of the Denton Chamber of Commence has authorizad its Industrial Development Committee to form an Economic Development Subcommittee to ro,,duct a study concerning Economic Development foe Denton. The Subco)h- mittee will report to Jack Miller, Chairman of the Industrial Development Committee, and through him, to the Board of Directors of the Denton Chamber of Commerce, ~UPOMM~TgB PARJICIPANTS, The permanent Subcommittee will consist of the following citizens of Denton. It is anticipated that wider community involve- ment will be encouraged through the use of Task Forces as these Task Forces are requiredr Charles W. Carpenter, nenton Chamber of Commerce Mary Evelyn Blagg Huey, Texas Woman's University Alfred Hurley, North Texas State University Robert McCee, Denton Independent School District Betty McKean, City of Denton Ja(:k Victor Equipment Company k,r)tt, Chairperson, Sundown Ranch Ml "sO,N _STATEMENT, Following is the Board-approved Mission Statements A, I'-, L',C.00men,; an Economic Environment for Denton for the forseeable future. 11, To dccermire the effect on the quality of life for the community that wial result from the recommended Economic Environment. Cr To assess the current Economic Environment in Denton. D. To assess the current Economic Environment in the Metreplex, the region, and the nation, E. To identify and recommend an Action Plan, To recommend a system for ccntinual updating of the Action Plan and of Economic Development policies, G. To explore the potential areas of funding to carry out the Action Plan. ~~~~~IEE OPERAT~~HPHIES. During the term of its work, the Sub- committee will operate with the following philosophiast sr°tYF°:N'? P u' t . February 20 1986 Page 2 As Tne eititens of Denton should always attempt to be the masters of our own economic destiny. B. The citizens of Den;:on should continue to posture an active rather than a passive role in our. Economic Development. C, Denton's Economic Development policies should be designed to minimize any cyclical swings in the general, wegional, or Metroplex economies by only encouraging the developmet.t of a diversified group of nonrelatea employers from as many different industries as we can identify; by not encouraging one or a relatively few number of large employers; by extol- ling the virtues of our own assets separate and apart from assets which might exist elsewhere in the Metroplex. or the regfon. PERM OF STUDY. It is intended that the study begin inimeaiately. In six months, a definitive report should be ready, but it is possible that an Action Plan cannot be formulated in as soon as six montha, thtreby the study may continue beyond six W..-~nths. This is a complex undertaking, conducted in a competitive atmosphere wherein many concerned cities in the United States are organizing to analyze how to preserve their individual economic well being. ya ly, M, Cott Chairperson JMCsla a ~Y • "Tot CITY CO~UII1:IL~RBM-WT FORMAT February 5, 1986 F• 5 a TO: Mayor *ad Members of t`e City COURcil c Vito" Ai SUIIJBCT: Review Requirements for Landscape/Tree ordinance RI,COMMBNDAT ION : N/A SUMMARY: Review landscape/tree ordinances from other cities BACKGROUND: ' N/A PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: N/A FISCAL IMPACT: N/A Respectfully submitted: Pr red b Rick svehla Acting City Manager a e Br nkman Title Director, Parka and Recreation Title yY~;^N `^.5.,~. i~ ~~n' Yaye >_e'+ s'r ^ +-~..ic'nr ;x ~a° C/ry,*,DW N, Tn"s o v,* s wer r ssi s. MoKMnsr I Dsntsn, roses re"i MX M0 RAN D UM TO: Betty McKean, Assistant City Manager FROM: Steve Brinkman$ Director, Parks and R*nroation DATE: February 12, 1986 SUBJECT: Landscape Ordinances We have summarised various landscape ordinances from other cities for your review. We will go over these at the Council workshop session on February 18, 1986, and di►cuss our options. Items we would like Council to consids~ are: 1) Percentage of open space within the development. 2) Percentage of landscaped areas within that open space. 3) Should a tree survey be required. 4) Restrictions on cutting trees. 5) Number of trees per square feet of open space. 6) rise of landscape setback along city thoroughfares. .teve Brinkman MLM00505 Dwmm pw*s ref omp"tiOn / Drnteft r"as / is t 7j #".#s70 "td . ♦`a ~r'., it ,s. -~,I _ SUMMARY OF LANDSCAPE ORDINAHCZB CjitY of Dallas Landscape Regulations Effective March 1, 1986 Landscaping regulations apply to all zoning districts with the exception of identified special districts, single family zones, and duplex zones. Landscape plans are awarded points for inclusion of specified elements. A minimum number of points must be accumulated for site plan approval. The point requirements vary by zoning district and adjacency to residential lots. Lots located adjacent to residential property are required to provide a greater amount of landscaping. Landscaping Requirements: 1. Buffering. 2fering is required between residential and non-residentii lots and must be a minimum of ten (10) feet in width and six (6) feet in height and must extend the length of the lot. All other buffering must be a minimum of fifteen (15) feet in width. 2. Screenings Offstrest loading spaces must be screened from public streets and residential districts. Screening must be at least six (6) feet in height. Parking surface screening must be at least three (3) feet in height. 3. Parking Area Landscapingi A minimum of 25 square feet of landscaping for each required offstreet parking space and one large tree for each 10 required offstreet spaces shall be provided. All spaces must be located within 80 feet of a tree. 4. General Requirementss All landscaped areas must be irrigated and protected from vehicular traffic by appropriate barriers. 5. Credits are available fors a) existing trees which are retained, credit is based on tree size, b) the provision of permiable pedestrian walkways, c) the inclusion of trees along public streets located within 30 feet of the curb spaced a maximum of 50 feet apart and covering a minimum of 759 of the total street frontage. Maintenances Landscaping must be maintained in a healthy, growing condition by the property owner. , ,.:II Town of Addison Site Landscaping Effective August 4, 1982 Landscaping is required in all retail, commercial, and industrial districts. The requirements vary according to zoning district. 1. Landscaped open spac;d regmiraments by zoning districts: Local Retail (office) ■ 208 of total lot Local Retail Permitted Use a 158 of total lot Commercial . 108 of total lot industrial ■ 58 of total lot 2. Landscaping is required in all parking areas that exceed 20,000 square feet as followsi a at least 58 shall be landscaped b a tree of 15 tout in height or 3 inches in diameter is required for each 2,000 square feet of parking area c) credits are given for landscaping along public streets 3. A landscaped buffer of at least 20 feet in width is required along all public streets. 49 All landscaper areas sust be irrigated. City of Plano Landscaping Regulations Effective March, 1986 Landscaping requirements apply to all non-residential developments. Requirumentsi 1. Landscaping is required on 58 of the total area. 508 of the landscaped area must be provided in the street yard of the property. 2. Tree requirementes Newly planted trees are required to be a minimum of 7 feet in height and 3 inches in diameter. The ordinar:.e does not specify a minimum number or required location of trees. 5 City of Austin Landscaping Requirements Effective JuIY► 1982 Landscaping requirements apply to all lots in the City of Austin. 1. Landscaped open space requirements for street yards: a) 204 of street yard b) one tree at least 6 feet in initial height, either existing or replaced, in the street yard Additional tree requirements: -street yards of less than 10.000 sq.ft., one tree per 1,000 sq.ft. -street yards of 10,000-110,000 sq.ft., one tree per 2,500 sq.ft, plus 10 trees per area over 10,000 sq.ft. -street yards over 110,000 sq.ft., one tree per 5,000 sq.ft. plus 50 trees for more than 110,000 sq.ft. *Street yard is the area of the lot between the front wall line of the building and the public street right of way line. 26 Landscaped open space requirements for parking areas and vehicular use areas* a) 90 sq.ft. for each 12 parking spaces in the street, yard b) 60 sq.fto for each 12 parking spaces in non street yard areas c) no parking space shall be located more than 50 ft. from a landscaped area and landscaped areas shall be evenly distributed throughout the parking area All landscaped areas must be protected from vehicular traffic, irrigated, and must, not obstruct the view of motorists. *Special consideration shall be given to the preservation of large oak, elm, and pecan trees. *Other credits are also considered for landscaping that is boyond the minimum requirements. E, City of Austin Tree Ordinance Effective May, 1983 The tree ordinance provides for the protection of trees with a trunk circumference of 60 inches or more. Major provisions of the tree ordinances 1. Permission to remove a protected tree must be granted by the Austin Parks and Recreation Department (except when damaged and thereby creating a hazard to life or property). 2. All site plans must include a tree survey of protected trees a:►d proposals for removal of any protected trees must include an evaluation and recommendation by an arborist. 3. Proposals for the removal of protected trees in city G.I.P. areas must include an evaluation and recommendation by an arborist. City of Santa Barbara, California Tree Ordinance Effective Auq_ust#_1964 The ordinance provides a comprehensive plan for the planting, maintenance, and protection of trees along streets and within public areas of the city. Now subdivisions are required to include trees along all streets. The cost of planting and two years of maintenance ro"Ans the responsibility of the subdivider, and thereafter, responsibility is assumed by the property owner. Historical and specimen trees are protected under the ordinance. Landscape Baautification► Wilmette, Illinois Effective 1979 The landscape beautification ordinance applies to offstreet parking areas provided in all types of development with the exception of single family and duplex units. 1. Offstreet Parking Buffer Area Requirements: A three foot landscaped buffer is required around the perimeter of all offstreet parking areas. One tree per 35 linear feet shall be included in this buffer area. 2. Offstreet Parking Landscaping Requirementsi Ten percent of the total parking area must be landscaped open spacer and one tree is required for each 400 sq.ft, of the parking area. City of Alma, Michigan Tree Ordinance Effective June# 1980 The ordinance protects trees and shrubs in public places from damage or destruction and provides guidelines for jilanting trees in residential developments, In all new residential developments, one treep at least 1-1/2 inches in diameter, is required for each lot with 75 feet of frontage or less, and two trees are required for lots in excess of 75 feet of frontage. Corner lots must provide one tree on each street. i z e J .y.- City of Georgetown, Texas Landscape Ordinance (Proposed)The proposed ordinance applies to multifamily developments and offstreet parking areas. Multifamily Development Requirements One tree, at least one inch in diameter, and six shrubs are required for each dwelling unit. Offstrest Parking Area Requirements: Landscaping is required for ten percent of the total parking area and shall include 204 trees, 304 shrubs, and $04 turf or groundcover. Landscaping say be divided into a number of sections at the builder's discretion. All areas must be irrigated and maintained by the property owner. y''€'."'FT t°.r.. rv,. r•, February 18, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Rick Svehla, Acting City Manager SUBJECT Consider Change Order No, It Bid 49550, Water Treatment Plant Upgrade (Phase I), Boswell Company. RECOMMENDATION The Utilities Staff and the Freese 8 Nichols Consulting -tgineers recommend approval of Change Order No. 1 in the reduction of 168,743. Change order is being prepared by Freese and Nichols at this time. SUMMARY Tile lowest bid of $463,077 is zonsiderably higher thein the Engineer's estimate of $3860000 for this Phase I construction. The Utility Department Staff, in order to reduce the overall contract amount, desires to reduce the scope of work in Item g2 and to completely delete Items 6 and 7. Item 02 is the one with the largest variance from the estimate. The Staff plans to accomplish the reduced pcortion of the scope of work with water treatment plant in-house personnel, thus realizing a cost saving of about $60,000 over and above labor and material. BACKGROUND The Items involved in the reduction are: item 42 Amount per original scope of work - $1790743 Item 12 C.O. 41 Delete replacement of existing filter media with dual filter media fn filter 1-8. Delete removal and replacement of defective grout in filters 1-8. Perform cleaning underdrain system filter 1-8. Perform replacement of existing access ladders in filters 1-8 with aluminum ladders. 4152U:01 i x.'~9yR_A~ .~Yi r _~.?c-'4s~"°i•-, ; : (!:'Y~ °'"`_.-w n f`° . 7K„ 'may,". _ ' ` ~ ` Total Revised Cost item 20 C.U. M1 18,900 Net Reduction Item 02 $1609843 Item M6 C.O. MI Delete installation of ten Leopold filter underdrain blocks - $ 19500 Item 07 C.O. 41 Delete installation of ten Wheeler underdrain blocks - $ 1 000 Total Reduction C.O. N1 - $1639343 FISCAL IMPACT Phase I - Original Contract Amount 463,077 C.O. #1 - Total Reduction - $163t343 Revised Contract Amount TTWFTM Source of Funds: Water Bonds Account Number: 623-008-0460-9101 Resp ly Supmitted, Prepared Civil Engineer 4j,), Acting City Manager C-4 av aM Asst. Director of Utilities Wtr/WW Divisions AP E ' e s Director of Utilities EXHIBIT I. Change Order 4152U:02 • e GMT of DXNrO* ntZ" MUNICIPAL BUILDING / 215 E. McKINNEy ST. / DENTON, TEXAS ?W, M E M 0 R A N D U M DATE: February 6, 1986 TOt Rick Svehla, Acting City Manager FROM: Roger McDanieMl, Senior Engineering Technician/Inspections SUBJECT., Repave Project #85-1 We have received the final estimate for the 1985 Paving Program Project #85-1. The estimate is correct for quantities and payment. 'the contractor is Cutler Repaving, Incorporated. The project was completed in fifty days. Total days allotted was sixty. Original contract amount was $521,393.25. A change was approved to delete repaving of Greenwood and Robinwood streets. The reason being that the repave machines exhaust wa:, too hot to drive under the overhang limbs and would damage the citizens trees, These streets were transferred to the recycle progtem now active. The original contract amount reduced to $420,141.53. Total contract amount used was $388,991.30 after deleting the above streets. The project came under cost by $31,150.23 or 8.0%. I feel this was a quality job accomplished by Cutler Rei•ave. Please advise if further information is needed. ROSA MCDaaie~ Senior Engineering Technician/Inspections la i i tf~ #17/00"w DtPW mew 40"m , ~ P 5~i '~~dt ddS~A ,r 'f ifAtN d 1 p IL t . of 1 t aY ti } ,d k< < l ° kJG. A, HRH ifs tf~ ti ! d 1 t . l CU T'LUM Repaving in0. aM. Jama 24 MIS . ON S246 s91 RAW 2777 SYMBET 0 L,AWOW409. KMOAS "0" P. 0. 69605 Yow Ordn No. Ow 014W me. 5555 r 1t of Denton I- Final Estimate SOLO nn inneering Department SHIP 50 ng ays e TO _ 215 East Mc Kinrev TO 50 Working Days Used L Denton, TX 76201 J L 10 Working Days Remaining J ATTNr Roger Mc Daniel DATE SHIPPED-100 VIA FOA YEWS S~IESltAAN QTY. ORDERER QTY SHtiPEo OESCRIPFION uNIT Papa AMOUNT 91.032 19140 Item 11-126 Emui.Iified Asphalt/ReJuver,ator 1 20 19368 00 1130839 113 664 Item 11-14 Heater/Scarification 28 145,489 92 38 33 Item 11-19A Adjust Sewer Manholes 28 4 50 99487 50 57 54 Item 11-196 Adjust Water Valves 23 00 12,420 00 594 332.72 Iten 11-20 As halt Patch 7100 24,954 00 S388.991 30 Less revrovs Payments TnTsTH Amount Due T Lis Estimate $ 42t865 72 e,1•,o0 ORIGINAL` INVOICE U _ r o~rc~~-~~,.3?at°, ",n, ee.t~ :-.:#`T' t ^ti_`s^ s Y • a Fg .fit 4 RLCE#V1NO REPORT DATE January 29, 1986 69605 PURCHASE bROER Nb. `ROM/VENOOR_ Cutler Repaving Incorporated TO/DEPARTMENT Engineering W.O.JACCT. NO. 434 002-SB85-8520-2105 DELIVERED aV _ N0, IT[M NUMaall OafCRIPTION 4UANTITY PRICa AMOUNT Estimate #4 Invoice #1954 029865J2 PURCHASE ORDER IS COMPLETE! TOTAL THIS ESTIMATE $ 2 d65. 2 ❑ PAYMENT APPROVED t a 4 5 3C 5 MY T P 10~~iywer. .:rey4D I Alm! rNl1■ i taw, x CITY COUNCIL AGENDA ITEM February 18. : 986 jW ' TO: MAYOR AND MRMBERS OF THE CITY COUNCIL FRU14 Rick Svehla, Acting City Manager SUBJECT Consider Final Payment, Oversize Water line Westgate Heights, Phase I - Denton-TEDI Inc. RHCOMMRNDATION The Public Utilities Board, at their meeting o 1/29/86 recommended approval of the oversize amount of $50831.80 to the developer, Denton-Tedi Inc. SUMMARY/BACKGROUND The City Council had already approved this oversize agreement and the bid opening for an 8" to 12" waterline, about 1097 LF from Westgate Drive on Payne Drive. The line has been installed, and the Utility Department has accepted tkie line for maintenance. This request is for the approval of the City's share of the oversize cost, $5,831.80, to the developer. OGRAMS, DEPARTMbNTS OR GROUPS AFFECTED Denton Utilities Department, Developers, Finance Department. FISCAL IMPACT Bid X9448 City's Share As approved by the City Council $50931.80 (P.O. #68600) Actual construction cost toward City's share $5,831.80 Final payment (this request) $5,831.80 Source of Funds: Water Bonds Account Number: 623-008-0461-9138 41370:5 -F. •y. _ i,.:,l 5Y '7i yTi e:h 4 ,,^:Y F Sv' ivi e n r'r ` .it•. ' ( "N L, rt v Itcsp lly Submitted, Prepared by: . ~ r Srini Sundaraeoorthy Civil Engineer Acting City Manager APPRj1fl ' G e sca Director of Utilities nXHIBIT 1 Location Map II Oversize Actual Cost Table III Copy of P.O. Urder as Approved by City Council IV Certificate of Actual Cost V Minutes PUB Mtg 1/29/86 4137U:6 VU A TV R L I MU ovcltst *6 "IT ,TANYAt~I it, fgai V469r GA 7'C me Oats r Aix 01 O M 'M49 MEM OUM D[SCRIP71 M `osr _ UNIT ,PXT AMT !f" W.L I, 12" W~L 1091 L F M) NIS,E1b.8s x, 17 " GA TS VALVE i 2 Alry A 866.00 A 10600.00 3. 12" PI4/6 7 .tly a 140,000 A $00.00 4 !s"x f" 1'61; , 1 &4.y f No oo ,3t6.so s. 11"Xis" THE 3ajy r149s.06 r ft9.00 CITY) SHARE TOTAL _ 12" W.L. ! 11,9¢t•55 = #Z1j908,55'!16r076 75 wtL, 5,8.31.80 to., a" W.L 104) 7 LF 0 It•79 ~1~x9i6.?S z t%, 6„ 0 ATE VALvt , s at.►y "$-Ato w- a* 3a. S" PNva > aoly 0 Oro-so Soo-00 40.. 1311x rfr Iar,y I**." ~ 140.60 1a. x G" riE , 3*1y I ?oo•o~+ 4 Aov-oe TOTAL - 8" w•L ~ k, 076 1S r1eK 1.elursr AS 100M or robs t►++r PPP V71L7M-71. ,t j 17 1 I ' t t~ l1 ~ I ti r loud r~r~orv i ~ I r 1 ~ ~y 6=4 0 =4 ! t • .J.~~'4 ~ '38•x` ' ~ E ~ sr. I~ cif 1111 P. a NU "TlErml OR NO. DOCILIMeff T 68600 ~outs 313 DEN9l100 f VENDOR: s w TQ: UENTUN-TEDI♦ INC. CITY 'OF DENTON 396 SOUTHWEST PARKWAY UTILITY UCPART14ENT LEWISVILLE# Tx 76067 901-4 TEXAS STReat DfENTON# TX 76901 rYEM ACCOUNT NUMBER UNITS NUMBER DESCR 11WnON NO NO. UNE AM I 01 623 008 0461 9138 1 PARTICIPATION FOR INSTALLATION 5*931*9 02 623 008 0461 9138 OF 120 WATER LINE OVf1R A 80 LN 03 623 008 0461 9138 AS PER BID 0 9448 yfrr 1 r 1 DEC 2 3 1985 The City of Denton, Texas Is tax exempt • House Bill No. 20. TOTAL FOR P.O. 599J16. Reference P.O. Number on all M Shipments and Invoices. (2 L-4 e Shipments are F.O.B. City of Denton, or as Indicated. Sawff wwalccs TO., Direct AN WpArlea TO: Clty of Denton, Accounts Payable John J. Marshill, C.P.M. Purdweing Agent 215 E. McKWW 81, Denton, TX 76201 Tom D. Straw, C.P,M. Asst. Purchahq Agent Phone 81718684223 8170"llI DIFW Metro 281-0042 The City of Denton in an equal opportunity smptoyer Water service (1211) is available at Old John Knox Village (New Good Samaritan Site) approximately 4500' away, Sanitary sewer service (2711) is available from Hickory Creek Interceptor, approximately 4000' away. Boyd motion, Coomes second, to approve the request for sanitary sewer service outside the Denton City limits for the Denton Independent School District on Hickory Creek Road, All ayes, no nays, motion carried unanimously. 8• CONSTREk FINAL PAYMENT, OVERSIZE WATER LINE WESTGATE PUB MIN PHASE , DEI~TON-~"~$~, INC. 1/29/86 Has explained that the utility staff recommends approval of ) the oversize amount of $5,831.80 to the developer, Denton- Tedi Inc, ) Nelson explained that the City Council had already approved this oversize agreement and the bid opening for an 8" to ) 121, water line, about 1097 LF from Westgate Drive on Payne ) Drive, The line has been installed, and the utility ) department has accepted the line for maintenance. This ) request is for the approval of the City's share of the ) oversize cost, $5,831.80, to the developer, } The departments and individuals affected are Utilities, developers, Finance. Fiscal impact is as follows: ) Sid #9448 City's Share ) As approved by the City Council $5,931.80 (P.04 #68600) Actual construction cost toward City's share $5,831.80 ) Final payment (this request) $5,831.80 Source of Funds: Water bonds Account Number: 623-008-0461-9138 ) Coomes motion, Frady second, to approve the final payment. ) All ayes, no nays, motion carried unanimously. ) ) 9. CONSIDER PROPOSED OVERSIZE AGREEMENT WITH WOODCREEK ADDI- TION, F DE T AND E CITY AR OR A NEW SANITARY EWE LINE, Ham and Nelson explained that the utilities staff recommends approval of this oversize agreement due to sanitary sewer demands imposed by this and other proposed developments in the area and for sanitary sewer service to the City of Argyle in the near future. 0097n:8 F13 3;q-d Tv4' . t .r... t a.. a •Gy'.+~,", ,tTq y r CITY COUNCIL R J10AT FORMAT Do TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Preliminary Plat of the 288 Center Addition, Lot 1, Block 1 Final Replat of Commerce Center Addition, Lot 1R, Block 3 Preliminary and Final Replats of the Freeway Park Addition, Lots 4Bl and 4821 Block A Preliminary and Final Replats of the Hann's Addition, Lots 1, 2 and 3, Block 2 t7r:i: ~~ifeneral Development Plan of the Southern Hills Addition RECOMMENDATION: The Planning and Zoning Commission recommended approval of the above listed plats at its meeting of February 12, 1986. SUMMARY: BACKGROUND: PROGRAMS DEPARTMENTS OR GROUPS P.FFFECTED: FISCAL. IMPAC i : Re ect lly bm ted: 'r Rick Sve la Acting City Manager Prared by:, ep 44 d122L David Ellison Senior Planner Appr . e ey Diroctor of Planning and Community Development CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: February 18, 1986 SUBJECT: Preliminary Plat of the 288 Center Addition, Lot 1, Block 1 SUMMARY: This is the preliminary plat of a 2.043 acre re- tail site located at the southwest corner of Loop 288 and East McKinney. A convenience store and retail lease space is proposed. The property is a part of PD-41 and 7-8 additional acres of retail property is available at this corner. The Planning and Zoning Commission has recommended approval of a comprehensive site plan and a drive- way variance was also granted. An existing 20 inch water and 18 inch sewer line will serve this development. Preliminary plans for drainage have been reviewed and are acceptable. Gas, telephone, electrical and cable facilities are in place or available for extension. ACTION REQUIR"I": Approval of the preliminary plat RECOMMENDATION: Minimum requirements of the Subdivision and Land Development Regulations have been met. The Plan- ning and Zoning Commission recommends epproval. ALTERNATIVE: Approval of the preliminary plat ATTACHMENT: Reduced plat I?av (T r1 ison Senior Planner I Loa eee GENERAL NOTE81 '-NO MAJOR CHANRES IN TOPOGRAMSY ANTICIMTED, L31TE CURRENTY OUT OF 100 YCAR FLOODPLAIN 'ONTOUNOASE0 ON C1TY DCNTON B,lt 10404. I N• \ e I I ~a ~1~ ( I i ~ R t 5 •II Iyy' f ~ I R Lot I i I OIL" Yr+494U4 AAAnall •C, ZJ'! *~LA •C 1:.~'~ 1J tY 5 l i I r ~~+e tt 20NINO1RO QR. I >dlw• a"`•e r-t~~eltt ii ElVi.e® g ! 5: 17 Y ^ li r•asvw rust e,a~,~• V r rr rv1, w ~ I ~ I MCENW, { a I J ~ 1 i ~.7t~+1d ( a li 1 1. a PRELIMINARY PLAT II IS 1 ; ~ v 288 CENIMR ADDITION f I'I 11, 1 11 Y I LOT I BLOCK I I , I 4.045 ACRES I I f »'w.l fKy~rw•ti•»r IN THE CfTYANO COUNTY OF DENTON,TZXAS ~ w r. L a,Y I ■OW se'oo'w roe, A' OWN ERi r5H~IiMM A•1 7f976A? I f ~ e~ !1U~ d,5 41I1. .,/orebljiF 151 ,ph, ' I Ell; INEER1N3 SCALE I••60 OWNER' PAUL HAYWOOD ! t?L+155 ,,I ZOMMp+ GENERAL RETAIL BURU,EE. .TK10 CIVIL, - 4ill Yom. a.s ^r$":%E "vkf~,.: 7"' 5. rt::t -.P,;r r.cw 4arw".'9. °'~^'.~T' ~'*A77`. r • r CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: February 18, 1986 SUBJECT: Final Replat of Commerce Center Addition, Lot 1R, Block 3 SUMMARY: This is a tract of. 3.447 acres of land situated west of the I-35B service road and south of University Drive (U.S. Hwy. 380), This site is zoned light industrial (LI) and warehouse office type development is underway. The purpose of the replat is to add a 16 foot utility easement. Water and sewer services and facilities are ade- quate and available. Telephone conduits are to be installed underground at the developer's ex- pense. The final plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. ACTION REQUIRED: Approval of the final replat RECOMMENDATION: The Planning and Zoning Commission recommends approval'of the final replat, ALTERNATIVE: Approval of final replat ATTACHMENT: Reduced replat Y ~J U} U Dave Ellison' Senior Planner ii i COUNTY of KNTM THAT, IIA1 AMI i th e r 1R dei'tr a v►ap`rriy, o w r I STTmm le tAe City of 6yd~! pop IS7, of W Ow~ten 1461016' ~r.'tt7' 11 11 µe- \ ► ~U) 1 DO IER[tY OW TIE FLAT MW( BLOCK Z, toIIEMI OE m. G1t: to the nso of eke FrNiC the r 1-07- 1 1y B L Q G^ I! =y \ n Barwrth Corpordtian ` \ ~ \ ~ M On dyf°r~ i nrwn 1 ` 4 THE STATE OF nUS f ti.~ / S >p cp F 1+ \ ✓ COUNTY OF ttM f This instruoeet was Kknowledc sey ~,<< 1 _ J. Newton RaYror, ChaIM Sole, 4. Poe, Ilr a. 1„ / ~ qty V 1 C1 ~ / b.p OIY . C j-/ l- r ~ A4y, U 1~ . THE STATE OF TEXAS Th1s Inttruoeot ees ncknftle* rs O sp ioo i a ya~'bd _ J, Newton 41der,l:►~.a e4FTrl ~d w J+ _s, , ~ 1I ,ry1 r} T, ^ ,';,c:.~, } 3v CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: February 18,-1986 SUBJECT: Preliminary and Final Replats of the Freeway Park Addition, Lots 01 and 02, Block A SUMMARY: These tracts are zoned light indtistrial and medical office land use is proposed. The property is located adjacent and west of Mesa Drive and south of Barcelona. All public fdcllities are adequate except water. The owners nave met with the Utility De artment concerning interim plans for water > kV-a boost- er pump can be installed by the City for required fire protection. ACTION REQUIRED: Approval or denial of the preliminary and final replats RECOMMENDATION: The Planning and Zoning Commission recommends approval, ATTACHMENT: Reduced plats avI '1ison Senior Planner twf ..ousfxlAl- ul .t tN At MY.w M tt y! lUf1. 1 I ~ 1 f I 1{I e~F'y I / s+ ` In~lf AMVSrrtlw. ,,..,.~w °a I LOT 4• ~ ; L►~BLOCK A ~ ,.ll LLJ wrw R A U.1 I I lI ~ l4 yt'~ t car 4.82 e!J r~4crr ti L03 4/C, ~ f f I , C\S 1 A No I* `f' I O~yIA to t..A Ya A t l ~ ! ~ w+ 1`111{{ Ir1 I ~ONI:#t MCf 11 tu~[C~I~Ii"5 ~'pp 11 1 M. t y. ae lA ~N 741 KL" A ONKIMI YOM6o "VO WU" y n MRLI.IMINARf Af1tAT LOCA AFAR LOT 4116 LOT 4-821ILC+Wr A, 1= AC, ' FREEWAY PAR Y M"q w R» rRnNUS bATgpp SukvEr twt » A-43 a^~'4 DfAt " Ce40If1 T.Aet I - I ...i~5'A1~u('~Le'~`Y•rt YlIlll tl•!M STAN A Tow matt w A enw twm&%). TNAIIN A. owom W An. soft., W w 4M N tr wLe at I~1►~..5 4eIer1W tnttt .A04t~ j All pN A A SWA 11 Owl M . ~H e WM of yM 4i " lot A. M6,* .T7 A. ►rwr/ ":.m/N«, 1KtlM Tw w of L r y oVIM dw w dd at shirr ►M/ k, no 11w& W /t"m 4Mtt, TAW, M" tlnt l" twust 1 IltulW AIIWN M rut W aMwh r IW1eo1t Imam" ow W wt1.Mlt t 4 W can llrt 1ny Merf W Awt«I at r fNe[+w MST 1Ha tM« « w MM~ 01101ST f in K. Yra A. h«wf hn t ' f1OtgN rw ~IK.~ttrt~l b IIIt $01,04104 u ly)r 14, not W. n« LOT K /LIt. A fhael UKIW U Hgrl AN t4wdNr /lit JIUA 1e Wr w •IM lift tf Me a{ rK. u r AM /H M L IY promo r 4NMw Y 4Hetr YI Wo M« M r 1•M Fla H W wit i lfilrf Msm"A T, W IYtr 0% «/tW in 406M %a 101.1 "a M W IIINAIIat [MNAe W IN4 AM f.p LOT -il A0 * UmM IIM► K Yvw tf aLKtw ww fit.ri twt r tM T A< W Wa4% tN MNtAMIw 1 MIr ad W. w, 1, wAIISNALL~NK i _y t~f. T~ dl aAL ~ N 1~ 11'11 T1i I» OA N,u/l •T _ ~ 1001, fvm M A. gwaM W JOIN 1µ1«t b MMy PM/t AMt 1)« MNM«LM M' ^ LOf 412 1" b"" JIttHW Inn M lw 4-M eW W 4.M, utl I. t, Ili" tr, Cttf oA k r M AKft. TM, W M 1.6344. 1oMAelf4r, «hwwf" )N 1tY«M Y the 1.Allt tie tM eWlru W MtMr tlr WNt. wrw* N 4 rwft . Wool lore 3;-Um t.l ! IM1M) PASM ,t 1tCT104 too rttTl M T01b t l}~ i LOT 4 Rt A Mtn M. tat "Wal t IW WWI It fft Ike quo I Tow, w tbll H) h r IA nV> JeII111111 NM✓W 1KnK A, . LW fow 0l W J064 lw lrww YMr N ll M IM lw is SV Jellet L I& YW N MA N IM W lKeply IaltIlalN W oebwWVO Chit Ip1 Isl; N ` bb"44 IY u tN er pelvr w cw/Mreti W IANeH r Wt M 9 It X11 ~ nMMMI W 11 fir uNt lt I of st«W. ,yQ n t~~a4J t` ) 41r War N Wt 014 wl of e1(1te %At% tM H) M f AIL V 1r Wotary t u mo C.rLNLr eytf Mt tR11 ;LL M'J of 11t6t P1LAM)11 p.nK /y.ItMN A.ow-- tW loft I. tl 0" # rt i prop" At1I1l !M-e! H LetlYt <KtLI/ ltrt A ptpnn )M.tMr.." NIlel W Ktio)fl/)] ft W 1MW IIY M KIMI W K<NNe rfM M . , a Ie+~l1, h kill JP" M4 IA•t tM 11M 00 1Aew tlh N wt* IIMW Wor N aNNnt" AI KtMHK1 IIU IAr Ir. LOCATtOM MN f' . IO4O' ALL 1....tlr n T.w lrtnww wu %W"W how o" sms Ir IptY INPUT Of 3aim T4t6 FREEWAY PARK SUBDIVISION Lot 4•61, tot 1-al #LOaf A allay saw ANNI MST W LM 4, MM A, pR"lw ow MGM*". Wl. / h44. pitof.T. F1144 M sAt/olI owm A-4s an 1 CWM17 OF mx"m, it3AM 1AYIrT f1AM1 AmM N W 644 s AM 4M, " L mask iri' ifrlw+w u, illo. ' tw«M.It.Itr I~t rw~a Ir +5 ILI h a:e g u±~c a. a s7L. sxi ti ✓Y.s~„.;i Ji~l::i-SHtd>~Hf`~ ••dS,tIle, ti n c CITY COUNCIL AGENDA BACK-UP SLOWRY SKET MEETING DATE: February 18, 1986 SUBJECT: Preliminary and Final Replats of the Hann's Adwition, Lots 1, 2, and 3, Block 2 SUMMARY: This tract is located on the south side of Hann Avenue 115 feet west of Oakland Avenue. This tract is shown in the B.B.B. and C.R,R. Company Survey, Abstract 185, Denton, Texas. The prop- erty is zoned multi-family (MV), and development of a four-plex is anticipated. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste are available. The plat conforms to the ninimom requirements of the Denton Subdivision and Land D°:velopment Regulations. The developer wishes to remodel an existing du- plex into a four-plex. ACTION REQUIRED: Approval of the preliminary and final replats RECOMMENDATION: The Planning and Zoning Commission recommends approval. AT'rACHMP.NT: Reduced plats NJ t r David Ellison Senior Planner I ° x~viFc :sue A, 9 4J=l191r.F- it ~'f~'~r3~r'•♦~ arsvs~r ass s~r♦ar a"'r,~t»ssa.-~xrssz~,e sirsa:~s. emr sreryss srnr.se~,rrsrrsrlai. I ?_~i"r~?b~+3'*•scrr.~esarssssw i ~ ~w ~w r~rr~rr., ' sW II r~w or roc rr;~s~ rr ♦ - ♦ rr ♦ ~ rw ♦ V'N ~ ~Z~k ~ ,r '~M ~a' ra~rrrri r♦~~~♦ ~w_}~y,~ r♦ ~Yr'T~L rrL 1f ✓ w.rw.r~.rrwr.r~.,.~~._. w. !r m fame ' RECEIVED 6 to ISE-4 D .r-~ --^~---1r---' - ~Jar'G'.:.~ a"S~.','rM. 7."tl.`.~i.`~...'~'rr•w.:.~r'.: . r o..l. it 1. rw r rrrrrrwr.rr+rw. wrrrr_wr M s ~►_ri wr•r 1~IrAr4/Ylr♦_Ir r.r 1• •~r~,.' . • ~~:r~~~iR~i.~If~rY+j''.~~il'•"'irs'=rl►i••r Ih r r Ir I .r, ~ 1Tw/I~{rir*.~:ri°j~~sr.'~-~rrarrlr r.r.. rrra r•r rrrr•rIi•a rr/ ~ r r r • r. rw /I~:r=1 _wr r r r1.~r~ • w7~ wr•r. rrr w_..rr..~.r ' W caAt' 10.I TIZrY!- fT~l.'J 4Fr ii i:.li7 1iiiS^"'- M.AW Si7S`iSw~~~rr.',rrr.~rr~r r~rlrrlwir i~lri~.r'~rrrr:y 'r rr.♦ rr7'r . d rM "0" .war Y~ _ 1M . !r~•T.L___ ,mow • ~ ii ~~iZw"Zi =i f ~i'w ~'gi`~•rrri~i +i:l i i 3 ro"'rr.~.'i fir: i r.. rWl YIi \ Y V"~.i aY1: iYl" ♦ WrY ,111+ M r n_/ rYl Y1. 11Y1 w11 r r r r rwl M Mll . V r Yr1.. rw • 111_ .1r..r r_r4~ Y r r Y r .r r r . _rr r r Nr\ rr~ll / rrr.rl . • r . rY ~ ~ .Y 1 111 1 II 1 1 ~•'•'N~.r 1or1, Ir w.. ' YI 1 ~ M~~rr~. w rr r.rw rrrrwrlr a.rrrrr~ r it is r r 1'r _r M rl~•~iri~r+~~~r i~rrrw~r . rw r rw. r. I ' ~ 1a1 C tYw~tiMNM Y~ birtlir 7 wr.♦ 1 ~ . . ~ i'~ rrrllw• 'r i...Y..~.~_~~ ii~ri'='S1 Gi.►Y wwllw• ~r• 4 ~{a wr.rr ~_..r ,r ~ j JMlail"Mlr1i,,•R~r I ".0110 0 7 aw a w aawe, ew r rr ~ arrwwrr,~ww. iaa Irr1 „ YY M r• /r A . '4 t1~ ~ .~/13.i~ ~ ..~'y:;k y=>." -.~Y,s €z~a ~ 3S 61a; ..c:` -{lE. :p s CITY COUNCIL AGENDA MCK-UP SUMMARY SHEET MEETING DATE: February 18, 1986 SUBJECT: General Development Plan of the Southern Hills Addition SUMMARY: This tract is 300 acres bounded by Interstate Highway 35 East on the west, Mayhill (toad to the south, the MK&T railroad to the east and existing Loop 288 to tho north. The property is zoned planned development (PD) and office, commercial, general retail, light industrial, and multi-family is anticipated. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste are available or will be extended to the site. The general development plan conforms to the minimum requirements of the Subdivision and Land Development Regulations. The purpose of the general development plan is to allow the Planning and Zoning Commission to review proposed thoroughfare patterns, land use, and the relationship to adjoining property. Although po- tential land uses are shown, final and absolute uses are not approved until the Planning and Zoning Commission and City Council review and accept a comprehensive site plan. ACTION REQUIRED: Approval of the general development plan with con- dition that final land uses are not acceptable un- til shown and approved on a comprehensive site plan. RECOMMENDATION: The Planning and Zoning Commission recommends apDroval. ATTACHMENT: Reduced general development plan avi Ellison Senior Planner trr~> k'.~.. ..-.ice'.. .a..,.t:r ~ 5 LEGEND Q 'PO-MF-T` W7MJrvft W1 AC. U SPO-O' a w no OP MOT 57.1 AC. C= 'PO-C' wirKop , 96.7 AC. , rm~l opo-uo Alma llwn 014 AC. >w Ac fYn TOTAL 000.5 AC. 1~ QF` VIQ9RY MAP 01 V.1 AC, j fro a. AC, IAA:. 0 t . ~ - f ' \ , ~ 1' + A . ro'yr't ' ~ ro•u a : pG'~ ` roc ~ 'o" " . re•e TRACT 1 'i a o A4 ; sy 14C 243.4 AC. L•. , r, i. ~ t.-s. .row ssr, ..•..t-itz ZONING EXHIBIT sw tw"si 30" "40 ES -DENTON, TEXAS ~ ~ ~ „,ft,, a4,t% x" no wow&asewrlnwa ,•..w w~• fill s'O011 Uf / 40117WW fskommK. (Lb'ft 6b M' ►QOttl R {r1 q .IA'V110' tmfxa D. t11i1'I~E'g1' Hari t M. t T • TO 64' no. teA (6Y AM GAO t " •1d 04 •49W1rlWr - .we na' L•IW Or . .p• f!iy'Mf "Cox, u W T ~ ~ W R.1.. •1t.. ~ M61 61.0} . s3' t CM' A11'AI•tdor . ZA .0m. • W41N6' A) s • s e r ~ L • bN,.1T' AISNt1 , CIA 11 W4G to W aoa•a,')rr ncx: woAO wo.oo' Ni' , r all L T.. , WtA'0a' . r.,. " n • Nw.otr t cN•4t4'W1O"r /rn,o' 0061W n.N' uP,N ►NV/v► ,N N' ' 1 P \ / S! •AAt /1 lYM! a NN N' / N,.N t(•. i nm yar otti tt uo,w• .11.11' INN :n _ 0, 2040.W VICINITY MAP N- 1•N. N' NL11' IMt A,' • NNP,w tIN.U T • aM.>t•' ,"64. N•N'.M ►N.N'r IN.N' Nl./r •tr w'Irt IN.N• GN• ntA"WtVW Cu~W.OA'N't ~ .m N•,r/r Iw.N• ..i./,ft• Iu.N• oorwwr n,,N~. g4Ake ,O!'t ~ 1! PA1 JO r! h!4,ff SAW 0-4 or" Tj CW46 ti, \ 1Z ar 2010.00' i ANO Lfr1 gatHNM MI M t..• +«l i T • W.41, . ► M►,I A • {1x~•11 Of t}~;~~ •fa ati \ t • tm.,e' c1d a 1rAb 6s w 4i • VW4.00' cH• oa•. t,y VA to ' T'tn,ta' \1M~~r. ~~rE MA.4b' r,►q n• O aot'lrrrK' q • te01a6 uT~►.~.' r1.4w.uo' T • 97.91' t • trl1.9l' 1~: WOW r'4.C, / CW CW46 4W W q . ~,40 1~~\,•„ G11 • A•rN1ta1~PY f~411p5rn0~'W\ n4 1sry.r.A' T • W. M' ~`►,,,`Z~ M., 6w.~1✓J' l44tAw ~4p i rt rM vlwr /dt 11 Vi'+It'1ri'W ~ •~,,,,y . Iw Poor Ht rn Hl*..AU FINAL PLAT .te'arol % awNtA ra T • VYl91, \4.:•< ' ` • fIWjI' SOUTHERN WILLS H' 36Eltse IONIT VENT011t CM • 14!'"10,Et W P 6:.0IltMOM NANK TWIST TOWtN ',)P•~P<-,~ tT1.01°/' PHAW 1 OAtLIAf, 1tflAt i6titrf t'' (71~) ttf-t0t9 A id.20BACM TRACT OUT CJF T#* J. WI*TI1 oevelonA 6wlrn~ 1 ="'1,wrrP LAMOM Komy. MSfRACT go. i AND ~ItFtilh ! (~~N'I)<IItM ~ wutrM ~ ~wraeslATtrtt.lNts. TI! M.E.P. & P.R.R. >t1A1MEY,110>ttl<t11t9r NIRl. Mil. W#01.!400 WILUAMA tam§ lvtvvlo a CRY OF OGWOK 0Et1T091 COUNTY, UXA0 600 UNION DANK F TWJ81 TOWIN I " 1OP001M/tMC IM V00 M W • . M he OALLAt• NX1.f Tttt4 tlafn wWruF6,lt v11► es1-i~lt 1~rr./tlp' s.,,wrw.+p ORecu~s+1 ~ t Tom' _ a .yi ,•.ate:.: F Iyr~y siAg- v ~,~;,w:":Y, ~s :'-ws~ ...;-...n I N~rsU 4mFE8 NORTH TEXAS STATE UN1VERSM 4 ~ YOfL`.,' j A11,rifi4 4 r~i f7r,, Y~ February 13, 1986 To Whom It May Concern: The Interfraternity Council of North Texas State University requests to speak briefly at your seeing on February 18, 1986. We will be asking for permission to hold our second annual "Stop-Light Bliss" on March 1, 1986 at various intersections within the city. The monIps collected from this event will be donated to the Denton Chapter of United Way. Last year this event was a terrific success and raised $4,000.00 for the charity. For any additional information, please call Brad Moss at 565-2121. Sincerely, Brad Moss BM/ja I %IA P.O. ea: Iva COMK lell0i07D4 047-001" i ; 'aii "al CITY o/ DENTON, TEXAS MUNICIPAL BUILDINQ / DENTON, TUM 10201 / TEL.EPWNE (IM7) "04307 OfNW of Me CHY Ma►ww M E M O R A N D U M TO: Rick Svehla, Acting City Manager FROM: Charlotte Allen, City Secretary DATE: February 14, 1986 SUBJECT: Agenda Back-Up Information for Item 03 Ms. Susan Barry called my office January 31 requesting to be placed on the February 4 agenda to discuss the establishment of a shelter for the poor. It is my understanding from my conversations with Ms. Barry that she has in mind some type of on-going arrangement, such as in an old school, etc., where those who have no place to stay cart receive meals and a place to sleep. After explaining the budgetary implications, I referred Ms. Barry to the United Way Office as well as the Human Resources Committee. I spoke with Ms. Barry on February 3 and she again requested to be placed on t:ie agenda for February 4. She did not feel the Human Resources Committee would be helpful, even though they had not not on this issue. I have placed this item on the agenda for February 18 for your consideration. There is no written back-up material for this item. Thank you. N124tl4z~~L MOT Cy", 2061C/2 =v 14 FV7 ; YFj$fy' •4 .TRW `l6' } 5°3°.' `1 'dY> r^Y f°T:.' ~Y~ g CITY M DsN!'OM, TiXAi A#UOVICIPAL BUILDING i DENTM TEXAS ?ezo r i TELEPh'ME (8t ?)epee-tor Offloe of tM City Afanapw M B M O R A N B U M TO: Rick Svehla, Acting City Manager FROM: Charlotte Allen, City Secretary DATE: February 14, 1986 SUBJECT: Agenda Back-Up Information for Item I4 I received a telephone message on Tuesday, February 11, stating that Mr. Hall had spoken to the Mayor and was requesting to be placed on the agenda. There is no written back-up material for this item. Thank you. r r Otte Ille i 2061C/3 + r ar..,;T P, , - vim -,4 1 t cin TO: Mayor and sabers of the city Council !'1m: nak Svehla, Acti.hg city Ran"" 80 aftl APPROVAL Of SM PLAN FOR A 3.1 ACM PORTION OI? PO-41 (2-1790) R~MK: The Planning and Zoning Comi.ssion considered 'this item at its sleeting of January 220 1986 and voted to reooommA approval of the site plan by a a vote of -Q...,. emmm; This is a request for approval of a site plan for a 3.1 ears portion of planned development (PD-41). The property is coned general retail and a retail center is proposed for this site. s The proposed site plan oosspties with the soning ordinance and land developomt cad subdivision regulations. . DgPfimz 1R8 01 4M dMOTIR: Not applicable FISCAL ENACT: There is no i.apact an the general fund. peat liy syb4l~ed: Ai r Prepared by: Acting city r4aager ftnise Spitey Urban Planer Ap ed• Jeff ft Director of Planning and Development 1163 I v t'+, x ~`f?'.7ec i PLANNING AND SOWING COMMISSION REPORT TO THE CITY COUNCIL To: Denton C1ty Council Case No.; Z-1790 Meeting Date; February 18, 1986 GENERAL INFORMATION Applicant: Paul M. Haywood, Jr. 420 S. Carroll Boulevard, #E Denton, Texas 76201 Status of Applicant: Owner Requested Action: Approval of the site plan for a general retail tract in planned development (PD-41) Location and Size: 3.12 acre tract located at the southwest corner of Loop 288 and East McKinney Street (FM 426) Surrounding Land Use and Zoning: North - Phillips 661 giggly Wiggly, Dairy Queen; GR South - Vacant; PD-41 (single family attached) East - Loop 288, vacant; PD-41 West - Single family residential, agricultural, vacant; A Denton Development Guide: Moderate Intensity Area SPECIAL INFORMATION Transportation: The property has frontage on Loop 288, a primary major arterial and East McKinney Street (FM 426)0 a secondary major arterial. The site plan provides three access points to the property. Two curb cuts are shown on Loop 288. One joint access point with property to the west is provided on East McKinney Street. g I b Memo ad-1700) Page Two SPECIAL INFORMATION (continued) Utilities: A 20' water line located on the west boundary of this property has sufficient capacity for this property. An 18` line on the west boundary of this property will provide sewer service. Drainage: Drainage issues will be addressed at the final plat stage of development but the existing culvert under Loop 288 must be improved. HISTORY The City Council approved PD-41, 112.58 acres at the+ southeast and southwest corners of rooop 288 and East ,'McKinney Street on October 19, 1982. The following land uses were approved at the time: single family detached - 15.8 acres, single fax,ly ateached - 16.15 acres, multi-family - 34.85 acres, general rotail - 15.15 acres, open space - 26.41 acres, and collector street right-of-way - 4.51 acres. ANALYSIS When PD-41 was approved in 1982, only general land uses or types were approved. The Planning and Zoning Commission and City Council must approve specific site plans for each proposed development before building permits may be issued. The following is an analysis of the proposed site plan for the !Ut(Xjv? acre site located at the southwest corner of Loop 288 and East McKinney Street: 1. Land Use - The ordinance for PD-41 specifies that any land use permitted in the general retail classification of the zoning ordinance may be developed in the areas designated as general retail without amendment of the planned development ordinance. Proposed uses for the site of a strip retail center and gasoline sales are permitted in the general retail zoning district. 2. Setbacks - Building line or setback locations shown for the builaing and gasoline pump island are consistent with City of Denton Zoning Ordinance requirements. 9 7-777 :P Mme, y,~ rye ~z aPage Three ANALYSIS (Continued) 3. Lot Coverage - Proposed lot coverage of 13.21% is consistent with Zoning ordinance requirements which permit a 2:1 floor area ratio in the general retail district. 4. Parking - The zoning ordinance standard of one space for 200 square feet of floor area results in a requirement of 89 ,spaces for this development and 95 Are provided. 5. Sign,xge - Location, size, and height of sign are consistent with City of Denton Sign Ordinance. 6. Height - Proposed height of 37' is consistent with City ordinances which specify a three story height limit in general retail zoning districts, 7. Lands+.aping - A landscaped suffer three (3) feet In width is shown around the entire perimeter of the project. 8. PD condition - The PD-41 ordinance states that a living screen or six (6) foot masonry wall must be erected between the 10.18 acre retail area at the southwest corner of Loop 288 and East McKinney Street and the single family Attached area beginning at its southern boundary when toe general retail area is developed. This condition is reflected on the site plan. 9. Access - On November 20, 1985, the Planning and Zoning commission approved a variance to the Subdivision and Land Development Regulations to allow two curb cuts on Loop 288. The Land Development Regulations pe-mit curb cuts rn primary major arterials only if a traffic study justifi3s the need for one. The curb cuts shown were approved on November 20, 1985 but must also be approved on this site plan. One point access point is proposed on the west boundary line of this tract on Last McKinney Street. Two curb cuts are proposed on Loop 288, one at the southern boundary of the property and one at the midpoint of the tract. RECOMMENDATION The Planning and Zoning Commission considered this item at its meeting of January 22, 1986 and voted to recommend approval of the site plan by a vote of 0-0. (cave 1-1790) Page rout ALTERNATIVES 1. Approve site plan 2. Approve site plan with conditions 3. Deny site plan ATTACHMENTS 1. Location Map 2. Planned Development Site Plan 3. PD-41 Concept Plan 4. Reply Form Totals 5. Property Owner List 6. Minutes of Planning and Zoning Commission Meeting of January 22, 1986 1147s 4 f ~ t rrrr~~rrr r rrrrS~ ~ i ~ _ r _ L I j , w r r it ~ ~ w ! i • ~ , ~ w [--Zoo/ ► PD 41 i ~ r 1 N~ I L~ rr~r' i ! f~ i r j LI 1 e ~ I t I Pia 56 PD-15 r L I 3ra S-173 ks S-100 00 PQ+ 7Q '4QQ f r ! I f r ~ 1 14 Y ~ f I / 1 t it L., art 7 Ta 4 ao rr r. y.. , ae a c a. ~c l i wbw , y I I t r I v . Mrs,,. 4~'~. ` 1 • I ~ f I . 1 `t t It , _ olk. .;:1►r } : - . _ L?~1M.~Mt~~i - ~ . / ~ 11 1 . •I .ryWrwr jI 14 4 10, r I w / QKWWW WOOL. 144~w*y LOW 1 ..I YII I 1 y j Z _ ;.,?Ita old SITE PLAN - z-1540 41ETROPLEX EQUITIES :,.tt vs~'n CAS 1 GENERAL RETAIL DISTRICT GENERAL i SITE PLAN LAND USE RE TAIL '.,rkl letk,Pt;:SK: , 10.19 io. STRICT I I ur0f "A11-c. ca'rtr M, ltr S,i ACn[i N I hf,1.l fd'U'I dI1:.Lllt it . ' n 15.r5 J d~, J,f VU.- 6rAtt 26.41 e~ 4.97 Ac. ttcryes~°ermt"r OF *A, 4.5 _ 1.4T tio. "0 4+Wr` Iola ,Ip,ii %Cotts r b MM TI-FAANLY`+'~ CA~ ' SINGLE FAMILY C u ,oAClrA,l s:rr,~r+ ds.laar ; DWELLING DISTRICT u MULTI-FAMILY ATTACHED DWELLWO019TRICT DWEL MO OISTRICT AUfh'1511n~f, 4•v _ 1616 a0. - 15.75 am 7 `CIO SINGLE FAMILY DETACHED r MULTI-FAMILY DWELLING DISTRICT 242 iQ. DWELLING DISTRIC} t 10.2600. 0 MULL-FAMILY 7.41 ac I t, DWELLI10 DISTRICT 1 . °RO°OLCf, CPt1tC 101141•ltY { ,er,ea lfa/..p 5.69 •a. . SINGLE FAMILY DETACHED 4 DWELLING DISTRICT } ! 1pp-rtuertooaw"rget,ryKr 10.04 Ita. CREEK . 6.66 Oct 10.6500. SrAct r Site Plan - PA-41 i PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1790 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received b:r t. (iUP IN g1 L- 7 2 n ff,1447", O `)060 r C ~ F 79 P i L Minutes January 22, 1986 Pap 8 Mr. Juren moved to &mrad motion Including conditions as follows: 1. A comprehensive site plan must be submitted before development occurs. 2. 75 foot setbacks along Loop 288 would be in effect and no park- ing would be permitted therein. 3. Develop according to City standards for particular laird use 4. Overpass will be constructed at developer's expense on the pro- posed north/mouth thoroughfare through approximate middle of development and also at the western property line upon :omepletion of 602 of the development.., k%&p g0kod 5. The east/west thoroughfare Ill be atons the northern boundary line of property with details to be worked gout in comprehensive site planning stage. Seconded by Mr. Appleton. Vote was called on the amendment.and unanimously carried (5-0). Mr. Escue stated that the non-residential uses were a little bit too high for him to reconsaend approval of Z-1786. Vote was called on original motion Including the amendment: Aye - Appleton, Juren Nay - Brock, Claiborne, Escus Notion failed (2-3). Mr. Juren stated that he didn't want this area to remain low'iateneify. Mr. Claiborne said that he thinks this area warrants moderate intensity but that this proposal violates officially adopted policies. He said that there needs to be more residential type uses and added that he was a bit reluctant to go against the Guide. He said that there is time for the Land Use Planning Committe to make a decision for this area. Mr. Appleton stated that they are missing an opportunity to plan a large parcel at a time. He told the petitioner to rework and bring back his proposal. C. FEZ-1790. Petition of Paul. M. Haywood requesting app-oval of a compre- eF-nii1ve site plan for a portion of a 112.88 acre mixed use planned DRAFT development (PD-41) located at the southeast and southwest cornerr of Loop 288 and Bast McKinney Street (PM 426). This 10.18 acre tract approved for planned development/genersl retail land use is located at the southwest corner of Loop 288 and East McKinney Street (PH 426). The proposed site plan contains the following information: Lend Area - 89,000 square feet Building Area - 18,000 square feet Parking Provided - 97 spaces Lot Coverage - 20 percent Building Height - 37 feet Signage - 400 square feet maximum area, 40 feet maximum height Four notices were mailed to property owners within 200 feet; no reply forms were received In favor or opposition. PETITIONER: Tom Jester, co-owner of the property, said that they are propus=ng approximately ten acres of the planned development and they are requesting approval of the site plan. He said that they ariet all requirements such as setbacks, parking, green aroma, etc. Stacey Smith, Smith 6 Keaton, stated that the entrance to the property has been approved but they are still going to modify it further after discussion with the C(tv En;ineer. As said that there is going to be a right turn lane only to sake it impossible to turn left across Loop 288. He sa►d that they have address the concerns about the stacking of the traffic by redesigning their service entrance. He yi P Z Minutes January 22, 1986 Page 9 said that they meet all requirements. Me said that he would like for the Planning and Zoning Commission to approve this- alts plan with these considerations. Mr. Ellison asked Mr. Smith to describe the landscaping for the Commission. Mr. Smith said that there will be 4-6 feet in light landscaping on the front property line and their will he shrubs around the bass of the sign. . Mr. Ellison asked about the approximate width of the perimeter landscaping. Mr. Smith said 3 fact from the curb. Mr. Ellison asked about the location of the gasoline pump islands. Mr, Smith said that they were on the corner. Mr. Claiborne asked if they were ware of the staff comments re- garding nhe 6 foot screening. fence or unsonry wall. Mr. Smith and Mr. Jester said no. Mr. Smith said that the wall will be required when the whole project :.s developed. Mr. Ellison stated that this was incorrect because ::he fence or wall has to be built when the general retail section :4 developed, Mr. Jester said that if it needs to be done, they will do it. He said that: there is a lot of nice oaks. there now that provide an adequate screen. He said that it would be batter not to do. IN FAVOR: Nona present. OPPOSSD: None present. STAFF REPORT: Me. Spivey said that when PO-41 was approved in 1982, it war approved under the general land use concept with no specil!ic site plans approved. She said that the Planning and Zoning Ccmaaission and City Council must approve specific site plane for each proposed development before building permits are issued, She said that the site plan meets all requirements and standards with the exception of two items: (1) the site plan does not show the six foot masonry wall or living screen on the souther boundary of the property a:t required by the planned development as stated by the ordinance, (2) staff feels that the westernmost and the canter drive approaches ohould be reworked to provide safer conditions and better traffic flow, She said that this has been resolved by the developer and the City Engineer, She said that staff recommends approval with theme revisions and additional conditions. RESUTTALt Mr. .leater stated that they were willing to sake changes accordG to staff°.s' recommendation. Chsir declared public hearing closed, DECISION: Mr. Appleton moved to recommend approval of Z-1190 with the following conditions: 1. A six (6) foot masonry wall or living screen shall be erected along the southern boundary of the 10.18 acre general retail tract before development occurs. 2. Internal circulation on the site plan must be redesigned and approved by the. Development Review Committee prior to any submittal to dity Council, 3. A landscaping buffer, three (3) feet in width, shall be placed around entire perimeter of project. A landscaping plan must be approved by staff prior to issuance of any building permits. Seconded by Mr. Eaeue and unanimously carried (5-0). DATE: 02/18/86 CITY COUNCIL REPORT FORMAT r 7--6 TO: Mayor and Members of the City Council ~y/I~ FROM: Rick Svehla, Actinjj City Manager SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PROPOSED ANNEXATION OF APPROXIMATELY 614.6 ACRES BEGINNING NORTH OF OLD ALTON ESTATES; SOUTH OF RYAN ROAD, NEST OF FM 21810 AND EAST OF THE G.C. a S.F. RAILROAD (A..30) RECOMMENDATION: The Planning and Zoning Commission will make a recommendation at its meeting of February 121 1986. SUMMARY: This is a 614 acre request with existing development ranging from scattered low density residential and agricultural to heavy commercial. The bulk of the area is undeveloped. The annexation request is voluntary on an approximately 218 acre portion and the balance is proposr.,d by the City of Denton. BACKGROUND: Staff informed the City Council of the need to consider annexation of additional property in this area when annexation of, 117 acres along the south side of Hickory Creek Road was being considered. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: The Star C Ranch, a boat storage/abandoned vehicle/recreational vehiclr• storage business along Ryan Road, approximately four single family dwellings, are within the proposed annexation between Hickory Creek Road (north side) and Ryan Road (south side). One single family resieince along the south side of Hickory Creek Road appears to be included. The south half of a bridge reconstructed by the County approximately two years ago is included in the proposed annexation. Approximately 41200 feet of both sides of FM 2181 extending south from Ryan Road is included. Approximately 1,050 feet of both sides of Ryan Road is included in the proposee annexation. Beginning at the intersection of Hickory Creek Road and Hwy. 2181, 20300 feet of the north half of Hickory Creek Road is included in the proposed annexations continuing 2,630 feet, all of Hickory Creek Road is included; continuing another 430 feet, the south half of Hickory Creek Road is included. The south half of a bridge on Hickory Creek Road is included in the proposal. City Council Report Format (A-30) February 18, 1986 Page 2 FISCAL IMPACT: Undetermined _ lly submit R pelt Rick Svehla Acting City Manager Prepared by: Q " M~-w David Ellison Senior Planner App a Jeff Meyer. Director of Planning and Development 0052k/2 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: February 18, 1986 SUBJECT: Hold a public hearing concerning the proposed annexation of approximately 614.6 acres begin- ning north of Old Alton Estates, south of Ryan Road, west of FM 2161, and east of G.C.& S.F. Railroad (A-30). SUMMARY: Inquiries about the development process and requirements for property along Hickory Creek Road persisted at a rate faster or as fast as any area of the City and its ETJ during the latter stages of 1985. Preliminary plans for the 63 acre Dunton Manor Subdivision prompted annexation of 117 acres along the south side of Hickory Road (A-27). The Dunton Manor project has not developed, but interest in this area continues. Richard Compton and Button-Ziff Properties, owners of approximately 80 and 75 acres, respectively, have pe"--itioned for annexation. The City of Denton is the petitioner on the balance of the property. Both petitioners own property along the north side of Hickory Creek Road. Buth either have or will petition for planned development (PD). A 217 acre tract south of Hickory Creek Road beginning adjacent and west of the recently annexed 117 acres has also been the subject of development inquiries. The Mayor has agreed to voluntary annexation of his 58.2 acres along the west side of F.M. 2181. Richard Compton has advised at, :'!f of information reportedly given to him by Acme Brick Company indicating that excavation work will begin or be intensified in the near future on 80 acres between Ryan Road and Hickory Creek Road. City Council Back-Up Pabruary 18, 1986 Page 2 Annexation of the 614 acres in this request would form a logical boundary and extension of the city limits into an area seemingly in need of greater land use control, particularly, given its relatively close distance from existing city limits and existing City utilities. ACTION REQUIRED: Hola public hearing, RECOMMENDATION: The Planning and Zoning Commission will make a recommendation at its meeting of February 12, 1986. ATTACHMENT: Map David Ellison aenior Planner 0052k/1 NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEX NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and incorporated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by a0 before the City Council of the City of Denton, Texas, on the L1 h day of 19860 at 7:00 o'clock P. M. in the C y ouncil Cham-bers oFLith` Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation, At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by an before the City Council of the City of Denton, Texas, on the *h day of ! 1986, at 7:00 o'clock P. M. in the C y ouncil C a era o a Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the rigrtt to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. t LW b CI OF TON, TEXAS ATTEST : LA ll~d- r! A-30/CO14PTO14•1UTTON-ZIFF a HICKORY C1E51. ROAD ANNEXATION December 121 1910 /2tLD MOMS TO A-30 All that certain tract or parosl of land lying and being situated in the County of Denton, State Of Texas and being part of the S. Pickett survey. Abstract 1014, the N, lettton survey, Abstract 51, the J. lagers survey, Abstreot 1014, the J. Rogers ourveyr Abstract 1010, and the a. Rogers survey, Abstract 1101 and More Partloularly described ae follovst 11010INo at a point lying in the intersection of the West R.O.W. line of F.M. 2111 with the South boundary line of Mickory Creek Road, said point also being the Northeast Corner of a 22 oars, tract described In Ordinance No. 15-2311 THEM Nest along said present City 1IMitS and the South boundary line of said road a distance of 2424.44 fast to a point for a corner. TH2MCE South Do 42' $00 West along said present city limits and last boundary line of said S, lagers survey sop being the vast boundary line of the l, Venter survey, Abstract 131$, a distance of 223.20 test to a pointy THENCE South 10 541 2211 West along said city 11Mita part of the way, passing at 1310.4 toot the southwest corner of said S. Venter surveyr Abstract 1315 and continuing tot a total distanoo of 1134.19 feet to a tence corner, sable being the Southeast Corner of said Rogers surveyr and the Northeast corner of said J. Rogers survey, Abstract 10151 THENCE South 010 431 West along the East boundary line of said v. Rogers aurvsy near a tangs, a distance of 1743.4 toot to a stool pin at the last Northeast corner of tract /-551 acquired by the U.S. Governaentl THENCE North 510 111 West along said U.S. line 700.0 feet to a conetete sonuMentl TRIM North 370 231 Most along said V.S. line a distance of 1440.0 feet to a concrete wwoment in the North line of said J. lagers, Abatract 10150 use' being the South boundary line Of the 14 ROgere survey, Abstract 11011 TMENCI Soutk 190 171 Meet passing at 317.12 :eat the Southwest corner of said 04 3togers survey, saga being the Southeast corner Of said J. Rogers survey. Abstract 1014 continuing along the South boundary lino of said J. Rogers survey and said 11.0. line a total distance of 112.95 toot to a concrete Monuwnt 1 TERNCR North 290 55' Meet along sold U.S. boundary line a diatanes of 1100.0 feet to a concrete MonuMentt TMENCS North 10 Al' East a distance of 1705.74 test to point for a corner said point lying in the North boundary line of Said J. Rogers survey, Abstract A-30COMPTON-Itn" ON-ZIFF/PAGE ONE yid Meld Notes to A►30 December 12, lots Page 2 of 2 1014, same being the South boundary line of said N, Sritton survey, Abstract 51, Said point a:a0 lying in an last and Neat road known 42 Hickory Creek road; THINCI South 090 OS' tact 41049 said survey lines in said Hickory Creek roado a distance of 432.70 feet to 4 point far a Corner; THINCI North, Along the Nest boundary line of 4 79 Sore treat al conveyed by arles Sasgrave at to C. S. Compton by deed dated MAY 6, 1 Ch 146 and recorded in Ysl. 314 P4ge 132 of the Dead leaord• of Denton County, Texas, Vasainq at of13 being the Southwaat corner at to Age* (rick Co. by deed dated October l0, 1963 and recorded In Vol. SO! Page 143 of the peed b by deed of Denton County, Texas, and continuing for a total distance of J431.So feet to a point for a corner, Same being the Northwest corner of said Acne stick Co, tract and in the present city limit line 44 established by Ordinance $0. 77►S; THINCI North 110 07f last along the North boundary line of Said Acme trick tract and said present city limits a distance of 2631.50 feet to a point for corner in the last boundary line of the Said N. Srltton survey; THINCI North 10 lip Crest along present city limits, passing at 2217.1 fast the Northeast corner of Said N. 0rltton survey same being the Southeast corner of the T. Labor survey, Abstract 779, for 4 total distance of 2607.2 feet to a point for a corner. Same being the Northeast corner of the said T. Labor Survey, said point also lying in the present city limits as established by ordinanco 75-31; TNINCI North $oo 31' 840 last along said present city limits and the North boundary line of the I. tlokett survoy, Abstract 1Q18 a distance of 1028.85 feet to a point ter a cot Mr, Said point lying in the present city limits as established by Ordinance NI# 63-20r T09NCI South 00 01' 444 I4et, along said present city limits, a distance of 1102.64 feet to a point for a corner; THEM North 890 $3' fast along Said present City limit tins, passing at 1199.80 fast the Nest K.O.N. line of I,M. 2101 and continuing tot a total dista ese 1309,88 fast to a point for a earlier in the present city limits as by Otdinands N.. A-43 J13, Sage beinq the last 1.0.N, line of I.M. 2111; TX1XCI Souti+ 020 17+ last along Said present city limits, tams being the last >l.O.N. tins of I.M. 2101 a distance of J202.0 fast to A point; TIINCI South 10 171 tart along Said present city liaite, a distance of 960.0 feet to a point tot oornetr T100 ;Met along said present city limits 95.0 fast to place of beginnl" and containing 61406 acres more of leas, OOBH/1 A-3U/C0MPTUd'BUTT0N•ZIFF/F''F TWO PLAN OF SE E FOR ANNEXED AREA. CITA DENTON. TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, Btu IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant Wo 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 established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.05 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 node of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc. will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such mayor improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area 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. lecreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K, Electric Distribution (1) The city recommends the use of City of Denton for electric power. i L service Play Andexed Areas Page three f L. Miscellaneous i (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up. dated yearly. The Plan is prioritized by such policy guide. lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established tachnical 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 tie 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. Coo s • 2 101 difia, weed, •eA• Lon e • ~ •~R an biA~oA r i • ' 's: ,IlOlrt~~ '0 go.... 1 is • . Al a f • tifr Oct, AND ~r Old OA I • .l dowse -7 MW goodge 3 ~ . - ~ »~.sw.. r. ~ iM►MI~+ Mir NOW A-30 ANNSAIIT I ON SCHBDVLE 6-" January 13, 1986 Submit agenda item r.~ January 15. 1986 Submit agenda back-up January 21, 1986 City Council Bolts date, time and place for public hearing January 22, 1986 Notice to Denton Record Chronicle ✓ January 24, 1966 Publish notice and mailout 6,-~January 27, 1986 Submit agenda item .Ajanuacy 29, 1986 Submit agenda back-up A9- February 4, 1986 City Council holds ticst public hearing February S, 1986 Notice to Denton Record Chronicle February 1Z 1986 Planning and zoning Commission makes recommendation k--February 7, 1986 Publish notice and mailout February 10, 1986 Submit agenda Item February 12, 1986 Submit agenda tack-up * February 18, 1986 City Council holds second public hearing February 24, 1986 Submit agenda item February 26, 1986 Submit agenda tack-up * March 4, 1986 city Council ir;stitutes annexation proceedings Match 6, 1986 Ordinance to Denton Record Chronicle March 9, 1986 Publish ordinar,ce March 31, 1986 submit agenda item April 2, 1986 Submit agenda k,ack-up * April 8, 1986 Final action by City Council at special called meeting * Denotes action by the City Council 09649 r, DAR: 02/18/86 CTS COUNCIL RRT FOIMAT ~j C 201 mayor and Members of fhe City Council rm: Rick Svehla, Acting City Manager SUWRCT1 HOLD A PUBLIC HIARINO CONCRRMINO THE PROPOSID AMM UTION OF 125.5255 ACM LOCA'1RD AT KINGS ROW AND PROPOSRD LOOP 288, SOUTH OF OAK BIND LSTATRS, AMD SOUTH OP SILV9RDOM= ROAD. (A-33) ~tICOMMiMDATIOtl: The Planning and Zoning Comission will make a recommendation at its meting of February 12, 1986. 1 This is prinartly a voluntary request for annexation subaitted by Teasley Road Associates. A 14.5 acre portion of the proposed annexation between proposed Loop 286 and the existing city liaits and Kingston Trace Subdivision is involuntary. Teasley Road Associates is requesting annexation for sonipg and delivery of City services. The current conceptual land use plan shows 128 lots of single tauily (SF-7) land use, 3.8 acres of cosimroial along proposed Loop 268, 9.6 acres of multi-tastily and a 10 acre school site. Planned devalopwsat (PD) Sontag is anticipated if annexation is approved. The existing city liaits is at the right-of-way lines of proposed Loop 288 above the fringe of the Kingston Trace Subdivision. Not applicable MUM, DRUMM OR OM &M=*. No existing, housing or population is located within the area of request. The, Oak Bend Istates Subdivision abuts this tract to the north and approxiwately two to four residents are surrounded by the subject site to the east along the unnaasd county road. Roadway included in th4o proposed annexation includes approxinately 1,200 feet of both sides of Kings Row; 830 toot of the east and west side of Farris Road and. 780 feet of the west half of Parris Road; and approxiaately 945 feet of the south halt of Silverdom Road. xrse..• s;:.., City CowwU Reprt Forst (M33) r"ruary le 1984 hie 2 Flachk Who: Undetermined R spent ily o}t 10 ? Z Rink Svehis AobinA City Manager Prepared by: Alom David lll.leon Senior Planner Approv Jeff Meyer Direotor of Planning and Developownt iS1Ss ?a CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: February 18, 1906 SUBJECT: Hold a public hearing for the proposed annexation of approximately 125.5255 acres located at Kings Row and proposed Loop 288, south of Oak Bend Estates, and south of Silverdome Road (A-33). SUMMARY: This is a request for annexation submitted by Teasley Road Associates. A 14.5 acre area between Teasley Road Associates property and proposed Loop 288 is proposed for involuntary annexation. The petitioners are requesting annexation and zoning to insure delivery of City services. A conceptual land use plan is attached showing 128 lots of single family (SF-7) land use, 3.8 acres of commercial along proposed Loop 288, 9.6 acres of multi-family, and a 10 acre school site. Planned development (PD) zoning will most likely be requested if annexation is approved. The Denton Independent School District has submitted a preliminary plat for the 10 acre school site. An elementary school similar to Evers Park is proposed. This site begins adjacent and south of existing residential development in the Oak Bend Estates Subdivision and additional residential housing is surrounded by the site to the east. The nearest existing city limit line begins approximately 400 feet south and west of the southwestern edge of the subject tract (along the fringe of the Kingston Trace Subdivision). The southwestern edge of the subject parcel abuts proposed Loop 288 right-of-way. The property consists of two parcels separated by Kings Row, Silverdome Road, and Farris Road that branches off Kings Row to the North to form a connection with Hartlee Field Road. Hartlee Field Road is approximately 3/4 to 1 mile north of the area of request. City council Back-up Summary February 18, 1986 Page 2 ACTION REQUIRED: Hold a Public Hearing ALTERNATIVES: 1. Proceed with annexation 2. Deny request ATTACHMENTS: 1. Map 2, Conceptual land use plan David Ellison Senior Planner 15138 •~'~'`'r°n€ .#C"-~s ssrrys 3+ ~ayye~ • NOTICE; Of PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto end incorporated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by and before the C ty Council of the City of Denton, Texas, on the ic day of , 1986, at 7:00 o'clock P. M. in the Council Chambers o e Municipal Building of the City of Denton, Texas, for all p eons interested in the above proposed annexation. At said time and place all sw:h 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 mentionad, will take notice, A Public Hearing will be held by and before the City Co cil of the City of Denton, Texas, on the 4/ day of , 1986, at 7.00 o'clock P. M. in the CiFy Uouncil C s o e Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persona interested in the things and matters herein mentioned, will take notice. CI OF DON, TEXAS ATTEST: ilyAlei~ ~,01 - j~5L(;KLTAAY A•33/TEASLEY ROAD ASSCCIATES EXHIBIT "A" llNOS 11oMr 4 Loa 311 December 120 lots FIELD MTN TO A-33 All that cartel,, treat or recall of Is" lying County of Denton, state of Toxaar being tart ++~d being situated in the 217, J. Coltatt survey, Abstract tot n9 yeti of the D. Calm Survey, Abstract and sore Particularly 4e40glbed or tot oWgi T. Living eucvey, Abstract 729 "OZOINO at a pint in the Present city limits as eateblidW by Ordinance No4 02-6, Gold Point lying In the south boundary it.. of aid Coltart Survey, Same being the North boundsty, lima of the aid Culp survey) TRIM Nectb W 07' OS* coat a distanco of 122405 fast to a pint for • cornott ?NMI North 00 179 as* Most, a distance of 1139.20 feet to a pint for a carnern ralm North 090 220 i9' last, a dietaaos of 700021 tat to a pint (Or a cotnars TRANCE south, a dietanaa of 200.71 toot to a pint tot a *afoot$ TNANC/ North 090 22' l0' last, a distance of 417.4 foot to a pint tog a cornet to the last boundary 11M at sold coltact survey, same being the Moat boundety line of Std Living saev'ay, sold pint eta tying to a North and south road to"* as Fortis roads Town South, a"" said out"y l1See and to "to read a distance of 704.21 toot to a pint tog a earner, aid Point being the intersection of said Farris toad with an salt and 1190 read koo m M lingr Noes TKIM North 090 040 17. 7aat• along Said road, a distance of 946.14 toot to s pint for a majoes4 Town "am so 02• ft"O 9 dietanre of 22sl.OS tact to a pint for a cernar, aid 00i ft 11196 in tie death beandery line 09 the sold Living Sutvay, sea bet" the North bftMWO 12,,19 ad the J. qtly 9ucv 0yr Abacs9ee 127f0 Tows math 890 Sir I2• No"* slug said army lines a distanoo of 1042020 toot to a pink fat a comer, amid ptlnt lying to said Pis"" city linos, sold pint also lying W toot N9rthemeketly from the *enter it" of State all" Loop MO TaMCI Netthue00r1r 430,,1 a curve to the last Pith a C"IMS of 4419.72 tact a cent~l swlebetf 240 30, 420# Peet" the North boo dory line of said Culp and won toed knew" as Us" "We a Wei age defeats" ON lool.0~ teat teA4 Pf1Sts TRENCI North 900 it 16• lost (by Ordinance North 470 20 400 toot SOCUOS Staciy and parallel to the center lips at r li• fleet} 2 944.97 toot to the Place at beginning Sad containing 121.25 tacress distance d t. or tau. a A-33/TLARKY ROAD ASSOCIATES . PLAN OF SERVICEF0R 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 passages of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, thore is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) 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 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- vtded within the city will be extended to the annexed area within one month after the effective date of annexation, 3 J _service, Plzen 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 cf curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services 11) 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 (1) Resideuts 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. frll ~ r . - _ ,3. 1.11+tc~ ;rte?-, °I'". Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be install led within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on 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. war$ dob ! • SottoM•Clrcl• r a r~ Rd o . 1 C ~ ♦ i ♦ , 1 HARTLEE ,HdrtIs* Fiold Ads 42101 REA OF REQUEST f.; N /t Oak Bend KI Alf ROW e~Rd RON; %whom r Tra eto- Propose ~Noo O t 00 000 3T a 380 F A P dew F _ A,u r a n c Tnvolui,1ary Annexation 8 e Voluntary Annexation ..~`^.i . r; now OAK DEMO EDTATDD • • r?• • • r r • ijo , • w III ~ ~ I r f w , - f r r HIO ton i M I l r I r a ` f,! SAVEf2 IL- D, / w: ' I memo a welm f .l I t• s- 1 SS acres 1 looop 288 KINGS RMIi '2P."7 A-33 ANNEXATION SCHEDULE January 27, 1986 Submit agenda item January 29, 1986 Submit agenda back-up 4-" February 4, 1986 City Council sets dace, time and place for public hearing ✓ February 5, 19B6 Notice to Denton Record Chronicle ✓FebCUary 7, 11086 Publish notice and mailout February 10, 1li86 Submit agenda item ,.--February 12, 1986 Submit agenda back-up February 12, 14186 Planning & Zoning Commission makes recommendation * February le, 1!186 City council holds first public hearing February 190 15+86 Notice to Denton Record Chronicle February 21, 1986 Publish notice and mailout February 24, 1986 Submit agenda item February 26, 1986 Su`)mit agenda back-up * March 4, 1!186 City Council holds second public hearing March 10, 11186 Submit agenda item March 12, 11186 Submit agenda back-up * March lA, 1486 City Council institutes annexation proceedings March 20, 1986 Ordinance to Denton Record Chronicle March 23, 1986 Publish ordinance April 21. 1986 Submit agenda item April 23. 1986 Submit agenda back-up * April 29, 1986 Final action by City Council at special called meeting * Denotes action by the City Council 09649 NO. AN ORDIMANCL ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THMFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WNIREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law mad City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DE MkM RU DY ORDAINS: SIMON I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM mums NO. MOO 9971 X 0971 ~ All ..miw~T~Suenrl 9577 All TMIAS tM.. SICTI~_ That br the acceptance and approval of the above nuabered items of the submitted bids, the City accepts the offer of the persons saitaitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance vith the terms, rpecifications, standards quantities and for the specified sums contained in the Bid Invitations, &d Proposals, and related documents. SECTION III. That should the City and persons submitting rpproved and accepted items and of the submitted bids wish to eater into a formal written agreemont as a result of the acceptance, approval, and awarding of the bidi, the City Hensler or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is is accordance with the terns, conditions, specifications standards, uantittes and specified sues contained in the Aid Proposal sad related bid documents herein approved and accepted. SLCTI_ _ ON W. That by the acceptance and approval, of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the mount and in accordance with the approved bids or pursuant to a written ' contract made pursuant thereto as authorized heroin. SECTION V4 That this ordinance shall become affective immediately upon its passage and approval. PASSED AND APPROVED this X10 day of _ ebruarv , 086 RICKARD 0. MAM CITY OP DENTON, TEXAS ATTESTS cw , CITY UCKETM CITY Of DENTON, TEXAS APPROVED AS TO LEGAL FORM: DLaRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DINMO TEXAS BY: t DATE: February 11, 1986 CITY C0l KIl. REPORT TO: Mayor and Members of the 1ity Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID #9571 LEASE/PURCHASE OF 30 CHANNEL LOGGING SYSTEM RECO!/ ftTION: We recommend this bid be awarded to the only bidder responding to the bid request, Dictaphone Company, in the amount of 568478.20 plus the addition of ;3,428.40 worth of optional equipment. SlM111RY: This bid is for the 60 month lease/purchase of a radio/telephone call recorder/ reproducer designed to record 30 channels plus the time/date inscriber and an emmergency message repeater. The unit will record and log both elephone calls and radio transmissions on a 24 hour basis. BACIOGROt=: Tabulation Sheet PRO6M._WARTWITS OR MOM AFFECTED: Police Department FISCAL IMPAC'T; 1905/86 Budget Funds for the Lease/Purchase of Capital Equipment Account #100-007-0042-9106 Res ly submitted: 7 Rick Svehla Acting City Manager Pr red by: ame: Tan D. Shaw, C.P.11. Title: Assistant Purchasing Agent Approved: hA J..; No rsheli, C.P.11. 1~1, s. A~t BID I 9571 BID 'PITLE_3~1. CflANffl LOGGING $JSTEH DICTAPHORE OPENED „s ~t 21, t9flfa 2.A I ACCOUNT A xyI VE V VENDOR VENDOR VENDOR VENDOR VENDOR Lggging-Recording-SysteM 38 711.50 includes 1 r. flai tenance B. 36 lionth Leasg/Purchasl 5 4.08 includes 3 r. flat tenance LeaseIPurchase 68,078-20 includes 5 r. flai tenance 0 tion-il Console and Repeater A. Outright PMrchase 1.803.00 S. 3 f n P 43.44 r C. 60 f t P 57.14 S': '-~xrx MST.... P, .mom°°%-yes~+:+,^i it st grf DATE: February 18, 1906 CITY COUNCIL RUM TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID #9573 VACUUM STREET SWEEPER RECO0 ENDATION: We recommend this bid be awarded to the lowest responsible bidder, Naylor Supply* in the amount of $68,647.00, Fob Denton with delivery in 10 days. S110VUtY : This bid is for the purchase of a vacuum type street sweeper. This unit will be operated by the Street Department in the maintenance of City streets. WKGROU0: Tabulation Sheet PROGRANS9 OEP'ARTIB:JITS OR GNM AFFE;M: Street Department/Vehicle Motor Pool FISCAL IWACT: 1985/86 Budget Funds for Lease/Purchase of Capital Equipment This unit is a portion of the existing lease/purchase package. Res ctfu 1y su fitted: Rick S"hla Acting City Manager Prepared by: =41" me: Title: Tom D, Shaw, C,P.11. Assistant Purchasing Agent Approved: r~ John J. liarshail, 1V.P.M. M ForcAtsirg Ott; DID 957 3 DID TITLE VACUUM STREET SWE&PER MTV? NAYLOR DALLAS 11. S. I . D. S. BUS OFFMD January 28, 1986 2 g•m. EQU IPfENT SUPPLY BRUSH EQ) 1p1JENT CO. CO. Co., Itic, ACCOUNT 100-002-0032-9104 l TY, ITEM I VENDOR V R UNDOR VENDOR V NDOR VENDOR 4 Wheel Indus-trij-1 Type No Bid 68 547.00 69,650.00 No Bid 17 060.00 vacuum street sweeper _ Alternate 1 62 958.00 58t966.00 Alternate N2 69 410.0 Delivery 10 Da 75-Day 130 Da DATE: February 18, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: DID #9677 ALUMINUM CONDUCTOR CABLE SRORMTIONa lie recommend this bid be awarded to the lowest responsible bidder, Temple, Inc., in the amount of $76,100.00, Fob Denton, St1NKRY: This bid is for the purchase of 125,000' of 795 MCM aluminum conductor cable. This material is replacement of Warehouse stock and is used by the Electric Distribution Department in the maintenance and new construction of the Electric Distribution system, MCKGRM: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS APFECTED: Warehouse Stock and Electric Distribution Department FISCAL IMPACT: 1985/86 Budget Funds Account #710-004-0582-8708 Working Capital Electric Inventory Resp fu y subm tted: Rick Svehla Acting City Manager P're' by: n All: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: q e J, "lit C.P.i6. ~fi BID 9577 9I0 ALUNININI CONUlICTOR CABLE I MESCO GRAYBAR NELSON C" INS CLMINS POLELINE THE PgIfSTEN OPEN February 11, 1986 ACCOUNT 1 I Y. ITEM DESCRIPTION VENDOR - VENDOR VENDOR VENDOR R VENDOR VENDOR VENDOR -1 FENDOR VENDOR VZMl Deliver 14-28 Da 2 Weeks 45 Days Stock 35-42 Da 2-4 Meeks 40 Da Stock i 1. i,. , '+~ij°3 v -•l'. y.. q.. x yy Pte, ^r~c,, :_»,y, .,y,. N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD Or CONTRACTS FOR PUBLIC WORKS OR IIQWVtII WS; PROVIDING FOR TAE EXPENDITURE Or FUNDS THLwal, AND PROVIDING ya AN LFFECTIVE DATE. WHEREAS, the City has solicited received and tabulated competitive bids for the construction of public works or improvements in sucordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the harein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the City Charter requires that .every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION That the following competitive bids for the construction of public works ov improvements, as described in the "Bid Invita- tions", "Sid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids., 812 NUMRNER CONTRACTOR AMOUNT 95755 to =art vA +ng rte- saV_ Arl_V SECTION II. That the acceptance and approval of the above coepe''Itive bids shall not constitute a contract between the City and the persoa submitting the bid for construction of such public works or improvements herein ao"ed and approved until such pssgoo shall comply with all requirements spoeLfM in the Notice to Bidders including the timely execution of a written contract and furnishing of erforeanee and payment bonds, after notification of the award of the bid. $=log III. That the City Manager is hereby authorised to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts ate made in accordance with the Notice to Bidders and Sid Proposals, and documents relating thereto specifying the tares, conditions, plena end specifications, standards, quantities and specified suss contained therein, . r ?afr. .Iy"i'P..S+!°..' .e c cRY W k § P ~.F R si °eS.`. i" tmR .'T c A ♦ L.^ ..1:3. is ti rq secT That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and iaprovr**0ts as authorised herein, the City Council hereby authorises the expenditure of funds in the saoner and in the mount as specified in such approved bids and authorised contracts executed pursuant thereto. SECT 4!f V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 18 day of _ Febru4r.~v1986 KLMM 0. MAYOR CITY OF DWTON, TEXAS ATTEST: CUM. ULIT SURE= CITY OF JENTON,TEXAB APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: s DATE: February 18, 19A6 CITY !MIL ROW TO: Mayor and Members of the City Council FROMi Rick Svehla, Acting City Manager SUBJECT: BID #9575 YELLOWSTONE b PRAIRIE DRAIWE N OIlE1bATat.". We recommend this bid be awarded to the low bidder, Clavert Paving Co., in the total amount of $662,386.42 for all projects, without the vendor inserted rock clause. SUMURY: This bid is for the drainage on Yellowstone, Sun Valley, and Prairie Streets. This was bid in four parts as shown on the Tabulation Sheet. The low hid on each project is also the low bidder for the total of the four projects. This award excludes the vendor propo.,ed Rock Clause, Oman=: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Street Drainage FISCAL IMPACT: 432-002.0010-9105 There icy no additional impact on the General Fund. Respec lly submitted: ck S i Acting City fienager Prepared by: y ohn J. tiarshall, C. P.1-1. le: Purchasing Agent Approved : BID 1 95775 . BID TITLE YE LOIiSTfN1E/PBAIRIE__DRAINABE CALVERT UTILITY ATKINS DICKERSON ALBENESIUS HALL ALBS T OPENED Fe5__ruarv 6. 1986 2 n _ PAVING CONTRACTOR BROS. CONTT. CONTR. CONTT. Co. Inc. EQPT. CO. CO. CO. ACCOUNT 0. 432-002-0010-9105-SI18 -PTig I NDO V R R VENDOR VENDOR Yallowstonalshfiraton 461,957.32 735J25,00 494,512,59 .621,240-1. 65Q.622,00 551,763, IN l~ r 2U Prairie Street-Drainage 61,953.90 62,270, 56, 76,414, 0 B&Z55,00 3 Sun ValleX Flume 64,991.70 120,386j32 116,156 9( r 4 Yellowstone Flume 73t583.50 - 140 756.29 137,196.2' - 120,500,00 5 TOTAL BID 662 386.42 020 925.76 963t608-1 846 622.0 Bid Bond Yes Cash. Ck Yes Yes Yes Yes r nh s' -•'t `t. S / to 5... 4 - -s.r . MIR NO. AN ORDINANCE PROVIDING FOR THE EXP0DITURS or FUNDS FOit EMBAGENCY PUKCK"LS Or MATERIALS, EQUIPMENT, SUPPLIKS OR SERVICES Lit ACCOADANCS WITH THE PROVISIONS Or STATS LAW EXEMPTING SUCH PMHASES n M AEQUTAEMENTS OF COIIPETITIYR `IDS; AND PROVIDING roR AN ErucTIVE 5ATi. WHEREAS, state law and ordinance 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 case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the citT, or it is necessary to protect the ublic health of the citizens of the cityy or in case of unforeseen damage to public property, machinery or equipment; and WH&VAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of acre than $10,000; and WHEREAS, Section 2.U9 of the City Charter requires that every act of the council providing for the expenditure of funds or for the controct!,ng of iudebtedresa mall be by ordinance; NOW, THXXXFORt, TILE COUNCIL Or TBE CITY Or DE MN UZAM ORDAINS: SECTION I. That the City Council lu►raby determines that there is a public calamity that makes Lt necessary to act at once to appropriate money to relieve ~.he necessity of the citizens or to preserve the property of tho 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 bey reason thereof, the following eurgeticy purchases of a,aterials, equipment, supplies or servicea, aw described in the "Purchase Orders" attached hereto, are heretly approved: PURCHASE ORDER NUMBER VENDOR AMOUNT y27aa yarn 1 aanQ1TrAIFg INC ila.ao5,ae 72291 WJ T ELECTRIC (15.000.00 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorised to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the aiounte therein stated, such emergency purchases being in accordance with the provisions of state law esmmptiag such purchau by the City from tie requirements of asnro"flrw Malt, t t a A` s SECTLOO I1. That because of such esorgenc , the City Manager or desisasted employee is hereby authorised to purchase the materials, equipomt, supplies or services as descried in the attached Purchase orders and to sake payment therefore in the amounts therein stated, such emergency purchases beiag in accordance with the provisions of state tav exempting such purchases by the City Eros the requirements of competitive bids. gggliohf III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 18 day of f 3joa , 1986 RICHARD 0I 3TEWT, tily CITY OF DENTON, TEXAS ATTEST: CHARLOTTE )MLENt CITY 31METAILY CITY OF DEMO, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH9 CUT'i ATTORNEY CITY OF DEMN; TEXAS BY: DATE: February 18, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: PURCHASE ORDER #12254 UAN& LABORATORIES, INC. ff&gY.4EV.TI1X: We recommend that this one source purchase order for manufacture maintenance in the amount of $14,805.40 be approved. StN*IARY: This purchase order is for the continuous maintenance of our Uang word processing equipment. This is a one source, and we must carry maintenance on this type of electronic equipment. BACIH>6N": Purchase Order Copy demo from H•la ry Ramsey PRQ6NW t DEPARTIEN r5 Old AFFECTEi1: Word Processing FISCAI. INPACT: There is no additional impact on the General Fund. Re c 11y s fitted: Rick Svehla Acting City Manager Prepared by: r 'Vz . Jahn J. flarsha ^ , C.P.H. I Owe: Purchasing Agent Approved: '~sE~(,:. s`.:'~s`~' ~ 0018 TEXAS STRFFT PURCHASE 00100 Q ENTON TX 76201 P, 0. NUMBER DATE /VENDOR NO. f>Ul4ENT TYI 02/0`3/NG wUgto~ P 13iss M AN4 7.300 VENDOR SHIP TO: a;.l L.~ 1, ;.AI ,tt[r S. INC. Al fh: I. 1000 MrNXLI: +~.r11 ;,A VV1 ti 012~ 'YUII'r too ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUt,, r) 1 101) 0'),) 000,; aJ41 1 MAINTENANCE' WANG SYSTE14 S 6 OP 103 70:' XJ41 HANG 0I5 140 SYSTEM 6 ALL 03 100 00„3 0,)0'i 03.!+11 1 INVOICE OUV970790 4.10204 10) 0 t:;):S h70 , W. 41 1 INVUICE a OU970791 10.703•C 10:: ?Il,'f J~00; 8-141 TO OCTOEIER 191986 The City of Denton, Texas is tax exempt • House Bill No. 20. 7UTAL ruR P.V• 141805.4 Reference P. 0. Nus)ber on all B / L, Shipments and Invoices. ' Shipraerits are F. 0. B. City of Denton, or as Indicated. By Send Invoices TO: Direct Inquiries TO: City of Denton, Accounts Payable John J. Marshall, C. P, M. Purchasing Agent 215 E. McKirarey St., Denton, TX 76201 Tom 0. Shaw, C. P. M. Asst. Purchasing Agent for as Indicated on Pr:rchase Omer) 817/!166-8311 D/FN Metro 261.0042 The City of Denton Is an equal opportunity employer Y~ , CITY Of DENTON, TL." MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) %6.8200 MEMORANDUM DAZE: February 3, 1986 TO: John Marshall, Purchasing Agent FROM: Mary Ramsey, WPC Supervisor SUBJECT: WANG EQUIPMENT MAINTENANCE We have renegotiated our maintenance agreements wi}h the manufacturer of the equipment to run with our fiscal year. One invoice covers the bulk of the equipment for 11 months at a cost of $10,703,00 and the other invoice covers equipment for 12 months at a cost of $4,102.40. These changes will cover the Wang System 5 and Wang OIS 140-3 with all associated peripherals at a total cost of $14,805.40 and enable us to keep the billing in line with our fiscal year, If you need any further information, please feel free to contact me. s Mar 7sey ar cc: Gary Collins, Director of Data Processing 1428a V FEB - 4 1986 Cp!~~~'' n~ ~,s'„rE}W DATE: February 18, 1986 CITY COl1MCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Mcting City Manager SUBJECT: PURCHASE ORDER #71291 SOUTHWEST ELECTRIC ,RECQN OATIOM: We recommend this emergency purchase order to Southwest Electric be approved for the repair of an electric motor in the amount of $15,000.00, estimated cost. St1MMRY: This purchase order is for the emergency repairs of a 1250 HP Allis Chalmers electric motor that is used on N4 - 2 boiler feed pump, It is possible rewind so we estimated the cost at $15,000.00. If the rewind is not necesr;ary, the cost will be considerably less. Q,~C Purchase Order Copy PPMRAIli, KP_ 81 OR 6Ri0tIR'S AFFE„ T-F.D,: Production of Electricity F,ISM IMPAM There is no additional impact on the General Fund. Utility Budgeg Account #610-009-0251-3339 Respe submi ted: Rick Svehla Acting City Manager Prepared by: o~n Marshrll, 14, T tle: Purchasing Agent Approved. WIS YEXAS STREET P MiAw 00M OtNTON, TX 76201 P. 0. NUMBER DATE /VENDOR NO. DOCUMENT TYI 72a;1 0I/29/46 Cos $GU449000 VENDOR SHIP TO: SOUTHWEST ELECTRIC ELECTRIC PRODUCTION 261?-21 SOUTH AGNEM CONFIRMATION W&Y OKLAHOMA CI1Y9 OK 73148 00 NOT DUPLICATE C ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN 01 610 008 0281 8339 E312 I REPAIR 1220 HP 4000 3580 RPM 15r000.0C 02 610 008 0231 8339 E312 ALLIS-CHAM69RS MOTOR W35616-1 o3 610 008 0251 8339 9312 #4-2 BOILER PERO PUMP MOTOR The City cf Denton, Texas is tax exempt - House Bill No. 20. TOI& FOB PdMA IS.DOO,Q'. Reference P. 0. Number on all B % L, Shipments and Invoices, Shipments are F, 0. B. City of Denton, or as Indicated. By Sind Invoices T0. too/ Direct Inquiries T0: City of tknton, Accounts Payable John J. Marstall, C. P. M. Purchasing Aged 215 E, McKMney St., Denton, TX 76201 Tom D. Shaw, C. P. M. Asst. Purchasing Agent (or as Indicated on Purchase Order) 817/566.8311 D/FN Metro 2u7.0042 C The City of Denton Is an @wW opportunity "*I"& vs ac S • x'. *T .S^ _ N'+1 LAIR: Qpl iM/~ graAmn UB41'P_ MMM 'YO: Mayor and Nsmbers of the City Council nM1 Rick Ovehlal Acting City Kanag%or BGSJKCT: Z-1729 RMCONMATIOM s no City Council approved a request for change in zoning on April 16v 1983. $.2: An error in the legal description in Ordinance 65-79 requires an arsend*ent to correct the ordinance. : The petition of Charles Watkins representing Alaa Thett.3rd requesting a change in zoning from agricultural (A) to light industrial (LI) district at the northwest corner of U.B. Hwy 360 and Cc.)por Creek Road. PROORAKB. OKPARTKMM OR OROMPS AL+PMCTMD% go departments are affected. rIBCAL tKPACT: to impact on the general fund. pee ly s t s t Rick Bvekla Prepared by:: Aoting City Kanager +01 C t t //__t_ [ (L~ Cecile Carson Urban Planner App v Jeff now- Director of Planning and Development 154gg 1330L No. AN ORDINANCE AMENDING ORDINANCE NO. 85-79 TO PROVIDE FOR A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY THEREBY REZONED; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION X. That Section I of Ordinance No. 85-79, is hereby amended to correct an error in the legal description of the property thereby rezoned, so that the legal description contained in Section I of Ordinance No. 85-79 shall hereafter read as is shown on Exhibit "A", attached hereto. SECTION II. That a copy of this ordinance shall be attached to Ordinance No. 85-79 so as to show the correction hereby made. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986, CITY OF DENTON, TEXAS ATTEST: CRIMME ALLEN CITY SOMM CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY. fy~ -.a ~ p ,n t ~'~i t~~ ♦ .`i. 1l'F'-e ~.f..s ?W.~.a~~Yq•4wr..+.-+ie:~,32. s~ x t° ~:T'4~ iTK ram.. r;a -y- r EXHIBIT "A" FIELDS, EDWARDS • ASMOATgS, INC. INOINIM AND guRVgyo t e•eee~► K mwOM& ry„ np Poe~ m c, owes. en am eel. "Norm MW I- do 1Y:A a iarL era f 123 FORT YMMTH DPMVE • DENTON, TEXAt My) 9!41416 • 3674)121 MET140 430.1602 J.O.t 7008 Allen Ray Thetford FIELD N0T19 All that certain tract or parcel of land situated to tht M.E.P. 8 P.R.R. Co. Survey, Abstract Number 1469 north of State Hi4luny 380 and west of a public road, being the saes tract conese, by Qeincy Hushes and wife, Tonsil* Joyce Hughes to Paul Callot and Garrett H, Reeves on April 13, 19651 recorded in Volume 531, page 666, Deed Recoeds, Denton Couaty, Taxes, and being more particularly described u follovat Beginning at a steel pin at the northeast corner of said tact on the vast line of said roads Thence South with said line 132.0 feet to a point on amid Highway 380 rigbt-of-ways Thence South 40 degrees 20 minutes West with sold right-of-was 1L.5 feet to anslel Thence South 77 degrees 30 minutes West with said right-of-way 38.89 feet to s point for corner] Thence North with the west line of said Gallo tract 2W.29 feet to a point at its northwest cornerl Thence North 77 degrees 50 minutes East with a fence 120 feet to the Place of Beginning and containing in all 0.491 scree of land. Z-1729 y . NO-~9 A E ZONING AMM18G THE O 8 ME CITY Of DENTON TEXAS BY SAKE. WAS ADOF1M AS AN APPENDIX TO THE CO t Or ORDINANCES OF APPLIES TO APPROXWiE7 ' 0.462 ~ACIES ONO. ~D1.SITUATED BIND TTHE M.E.P. L P.R.R. CO. SURVEY, ABSTRACT NO. 1469, DENTON COUNTY, TEXAS AND LOCATED ATiiTPE NORTHWEST C%)%M OF U. S. HIGHWAY 380 AND CLASSIFICATION ANDDUUSE DESIGNATIONS FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO LIGHT INDUSTRIAL "LI" CLASSIFICATION AND USE FOR SAID PROPERTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CIT'! OF DENTON HERESY ORDAINS: SECTION 1. to all ortpartoof athe proper y tdesc bed belowsit herreb acpphancrdl• from Agricultural "A" District Classification and use to Light Industrial LI District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas: All that certain treat or parcel of land situated in the M.E.P. i P.R.A. Co. Survey, Abstract No. 1469 north of Stnie Highway 24 and west of a public road, being the same tract conveyed by Quiuay Hughes and wife, Toawie Joyce Hughes to Paul Gallo and Barrett H. Reeves on April 13, 1965, recorded in Voluma 521, Page 686, Deed Records, Denton County, Texas, and being more particularly described as follows; BEGINNING at a steel pin at the northeast corner of said tract on the west line of said road; THENCE south with said line, 132.0 feet to a steel pin on said Highway 24 right-of-way; THENCE south 40020' west with said right-of-way 122.3 feat to "Is; THNCE south 77°50' west with said right-of-way 38 ;feet to a concrete monument; THENCE north with the west line of said Gallo tract, 210 feet to a steel pia at its northwest corner; THENCE north 77°50' east with a fence 120 feet #.a the place of beginning cad containing in all 0.462 acres of I#.ad. SECTION II. The Zoning Map of the City of Denson, Texas, adopted the 14th day of January, 1969, as an Appeadia to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, cad the sne is hereby ,mended to show such change in District Classification and Use. SECTION III. That the City Council of the City of Denton, Tax", hereby finds that such change is in accord&*" with a cospreheneive plan for the purpose of prowling the general welfare of the Z-1729/PACs 1 • : ~.F "s -'3~ ~ 'YP ~aa~ n w: fn . iwn.+ey. ~ F y(.~:: ~ r . ~ _ --"vs-~.°~ v it F.,a City of Denton Texas, and vith reasonable coasiderstion asong o,*her things &r the character of tAe district and for its peculiar suitability or particular uolee, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the saxiaus benefit to the City of Denton, Taws, and its citizens. SECTION IV• That this ordinance shall be in full force and effect imodiately after its passage and a provel, the required public Comi•aionaendg the r City o Council of thi tp of Denton, Texasj after giving due notice thereof. PASSED AND APPROVED this the 74, % day of , 19b5. w I 0C ► , Tum ATTEST: CITY OF DZkVM, ATE W APPROVED AS TO LECLAL DEBRA ADAMI DRAY OVITCHoCITY ATTORNEY CITY Of DENTON, TEXAS BY., i 2-17291ZACK 2 ~M'i COitiCILT room To: Mayor and N mbere of the City council nw: Rick Bvehla. Acting City Manager SUMCT: 2-1752 RACOMOATION't The City Council approved a request for a change in zoning on August 6, 1985. 8012m: An error in the legal description in Ordinance 85-146 requires an amendment to correct the ordinance. MCKMM: The petition of Warm Allen Construction requesting a change in zoning from agricultural (A) to the light industrial (LI) district on the southwest corner of U.S. tbry 360 and Maseh Branch Road. PROGRAMS. DRPABZUM OR 4Fb0M A PRCTRD : No departments are affected. PISCAT, MPACT: No iskpact on the general fund. sae ily~u ed~ ' ► • Rick Svehla Prepared/ by::'' Acting City Manager C< l.t lA>1 ads - Cecile Carson Urban Planner Apprr Jeff Meye ~4' Director of Planning and Developwnt l a 'r'.q•€~ r. 't.i'- 45 [ .n ip•- -•:a„' z a a v•+ w....4 i y"~ r 11bOL NO. AN ORDINANCE AMENDING ORDINANCE NO. 85-146 TO PROVIDE FOR A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY THEREBY REZONED; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Section I of Ordinance No. 85-146, is hereby ameadad to correct an error in the legal description of the property thereby rezoned, so that the legal description contained in Section I of Ordinance No. 85-141 shall hereafter read as is shown on Exhibit "A", attached hereto. SECTION II. That a copy of this ordinance shall be attached to Ordinance No. 85-146 so as to show the correction hereby wade. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986. RICKARD 0, S'rEwART, MAYOR CITY OF DENTON, TEXAS ATTEST: MOM ALLEN CITY SEMTM CITY OF DENTGN,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Z-1752/WAYNE ALLLN COMSTRUCTION CO., INC. r ' EXHIBIT "A" All that certain lot, tract, or parcel of land, lying and being situated in the County of Denton, State of Texas, and being a part of a certain 7.99 acre tract, acre or less, as conveyed by deed dated November 4, 1948, from N.C. Sheppard and wife, Etta Sheppard to L.A. Simpson an•' wife, Ruby Simpson, as shown of record in Volume 347, Page 377 of the Deed Records of Denton County, Texas; the land herein described being out of the S. A. Huisar Survey, Abstract No. 514 and being more particularly descibed as follows! BEGINNINd at a concrete Right-of-way monument, 60.00 feet South of and at right angles to the centarline of Texas State Highway No. 24 and being an inner ail czrnar on the Southernly and Southwesternly Bourdary Line of said Te4sa State Hig hway No. 24; said point of beginning being North, 88"501 West, 921.3 feet from the Northeast Corner of the past mentioned 7.99 acre tract; THENCE South, 44°34' East, along the Southwesterly Boundary Line of Texas State Highway No. 24, 143.7 feet to a 60 penny nail in the centerline of a North and South public road whose width is 60 feet and being in the East Boundary Line of the past mentioned 7.99 acre tract and being South 00'44' East 160' from the centerline of State Highway No. 2s,; THENCE South, 00°44' Eaat, along the East Boundary Line of the S.A. Hui:ar Survey, Abstract No. 514 Salto being the East Boundary Lino of the past mentioned 7.99 wire tract and along the centerline of public road, 50.00 feet to a 60 penny nail for the Southeast Corner of tract herein described; THENCE North, 88°46'50" Wbst and pasiting at 30 feet a steel pin in the West Boundary Line of the past mentioned North and South public road; continuing on said course a total distance of 493.63 feet to a steel pin for the Southwest Corner of tract herein described and being in the West Boundary Line of past mentioned 7.99 acre tract; THENCE North, 01°40'30" West along 0w West Boundary Line of the above mentioned tract, 10.00 feet to a steel pin for tho Nr.rthwost Corner of said tract and being in the South Boundary Line of Texas State Highway No. 24; THENCE South 88°50' Last, along the South Boundary Line of said Righway No. 24 and the worth Boundary Line of the 7.00 acre tract, 390'.7 feet to point of beginning and containing 1.59 acres of land; Z-17$21WAYNC ALLHN CONSTRUCTION 00.0 INC. II60L No. CITY TEXAS, ORDINANCE MENDING AS ADOTHE PTED ~AS AM AppaW X 70 THE CODENTON DE 0 ORDINANCES OF THE CITY OF DENTON, T6XAg BY ORDINANCE NO. 69-1 AND AS SAID NAP APPLIES TO APPROXIM T&LY 1.59 ACRES OF LANG SITUATED IN THE S. A. MIZAA 3414VEY ABSTRACT NO. 514 DENTON COUNTY, TEXAS AND LOCATED AT THE 6{OtT!'N ABSTRACT COME& 01 U. S. HIGHWAY 380 AND MASCH BRANCH ROA9; TO PROVIDE FOR A CHANCE IN ZONING CLASSIFICATION AND USE DE-IMATION FROM AGIIICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO LIGHT INDUSTRIAL "LI" CLASSIFICATION AND USE FOR SAID PROPEATY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIORS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S CTI ,HH_ That tha Zoning Classificaticn and Use desiig~nation applicable to all or part of the property described beicw is hereby changed from Agricultural "A" District Classification and Use to Light Industrial "LI" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texasi All that cartcin lot, tract, or parcel of land, lying and being situated in ;::e County of Denton, State of Texas, and being a part of a certain 7.99 acre tract, more or lase, as conveyed by deed dated November 4, 1948, from M.C. Sheppard and wife, Etta Sheppard to L.A. Simson and wife, Ruby Simpson, as shown of record in Volume 347,P Page 377 of the Dead Records of Denton County, Texas; the land herein described being oar, of the S. A. Huisar 'urveyy Abstract No. 514 and being more particularly descibad as fo~Iowa: BEGIM41NO at a concrete Rigt:t-of-w(.r, monusent, 60.00 feet South of and at right angles to the centerline of Texas State Highway No. 24 and beinS an inner ell corner on the Southernly and Southweuternl Boundary Line of said Teas State Hi hway No. 24; said point ofybegianiag being North, 6d9500 West, 9 .3 feet from the Northeast Corner of the past mentioned 7.99 acre tract; THENCE South, 44'34' Eaat, along ~'he Southwesterly boundary Line of Texas State H hr-Ay No. 24, 143.7 feet to a 60 penny nail in the centerline ova North and South public road whose width it 60 fat and being in the East Boundary Line of the past mentioned 7.99 acre tract and being South 00044' East 160' from the centerline of State Highway No. 24; THENCE South, 00044' East, along the East Boundary Line of the S.A. Huisar Survey, Abstract No. 514 same being the East Boundary Line of the past mentioned 7.99 acre tract and along the centerline of public road, 50.00 feet to a 6C penny nail for the Southeast Corner of tract heraia described; Z-1752/WAYNE ALLEN CONSTRUCTION CO., 1NC.IPAGS I _ LL THENCE North, 88°46'50" West, and passing at 30 feet a steel pia pin the West boundary Line of the past mentioned North and South 491183 Feet ; to oat steelg pin for dthe Southwesto Cornersof ctraet herein described and being in the West boundary Line of past mentlu,ted 7.99 acre tract; THENCE North, 01°40'30" West aloe the West Boundary Line of the above mentioned tract, 10.00 rest to s steel pin for the Northwest Corner of said tract and being in the South Boundary Line of Texas State Highway No. 24; TH1'04 South 88°50' East, along the South boundary Line of said tract,, y 39No. 6.7 24 sai the feet to points of boundar Liao and of cont 7. taining 1.39 acres of land. SECTION II. The Zoning Nap of the City of Denton, Texas adopted the 14 day of January, 1969, as an appendix to the Code of Ordinances of Cho Cit of Denton, Texas under, Ozdinance No. 69-1, be, and the some I's hereby amended to show such chang4 in District Classification and Use. SECTION X11. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the gaasral +elfare of the City of Denton Texas, and with reasonable consideration among other things l'or the character of the district and {or its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTNIV. or fails etoocomplysFtherewith for a provision of this ordia&nco, thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars (;1,000.00). Each such person shall be deemed guilty of a separate offense for each and avert 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 Baits above. SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word is this ordinance, or application thereof to any parson or circumstance is held invalid by any court of competent urisdiotion, such holding shall not affect the velytdity o the remaining portions n this ordinance, and the would Council have lenaof the cted such rof Dentoat Tes, hereby emaining portions desp7,tedeclares any such invalidity. { i Z-1752/WAYN& ALLEN CONSTRUCTION CO-, IK./PA" 2 SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage and the City Secretary is hereby dir,3cted to cause this capt;,on of this ordinance to be newspaper of twice in the Denton tho City of Denton, Taxai, Cwithin ltan (10) days of the data of its passage. PASSED AND APPROVED this the -K..._ day of , 1985. CI Y OF No TEXAS ATTEST: 4-ALLEN 4SLCIETAKY CITY OF DENTON,~TEXAS APFROVLD AS TO LEGAL FORM: DEBRA ADASlI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~~~~d:Cf16c[JScidGG4~ x-1752/WAYNE ALLEN CONSTRUCTION CO., INC./PAGE 3 • *A?$: CITY COUNCIL RIP'OR?,FORMA, Febrcary 5, lqGd TO; Mayor and Noabors of tho City CQUAcil G PROM: ii+.. r SUIW ICT' y Apnroval of Contract with Denton loos' Baseball, Inc. R,gCOIIMIMDATION: Approve contract. S M14A Y• This contract allow. she payment of $11,500 to be made to Denton Bovs' Baseball, Inc., for the hiring of unPires. BACKGROUND: This is an annual payment made to the Denton Boys' Baseball, Inc. Three other youth sports groups also r.eceiva annual payments. PROGRAMS DEPARTMENTS OR GROUP,. AFFECTED: N/A FISCAL IMPACT: $11,500 will be paid from the Parks and Recreation Department's budoet:. Respectfully suboitted: ` Pr red by: Rick Sve a Acting City rianagir a S eve Brinkman Tit Director, Parks and Recreation A, d' 1 Title 0un* i~ E , NO, r E AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON BOY'S BASEBALL, INC. FOR RECREATIONAL PROGRAMS SPONSORED BY THE PARKS AND RECREATION DEPARTMENTS APPROV- ING THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the beat interest of the citizens of the City to enter into a Contract With Denton Boy's Baseball, Inc. for a recreational programs and WHEREAS, Section 2,36 (f) of the Code of ordinances requires that the City Council approve all expenditures of more than $10,000: and WHEREAS, Section, 2.09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of .undo or for the contracting for indebtedness shall be by ordinancep NOW, THEREFOREr THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; i SECTION 1, That the Mayor and City secretary aro hereby authorized and directed to execute and attest, respectively, the contract between the City of Denton and Denton Boy's Baseball Inc., under the terms and conditions contained in said contract which is attached hereto I and made a part hereof. SECTION II. That the City Council authorizes the expenditure of funds in the amount of Eleven Thousand Five Hundred and No/104 Dollars ($11,500.00) as specified in the attached contract, SECTION 111, That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1985, RIC AR . S r AY CITY OF DENTON# TEXAS ATTESTi C T ALLEN, CITY SECRE AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY:rL'1 THE STATE OF TEXAS 5 CONTRACT BItTWESM THE CITY OF COUNTY OF DENTON 5 DENTON i DENTON BO'Y'S BASEBALL, INC. This Agreement made this the w,,.,_ day of , 1985, by and between the Denton Boy's Baseball, Inc., hereinafter referred to as the "Jrganization," and the City of Denton, Texas, hereinafter referred to as "City," each acting by and through its aithorized officials, pursuant to the following terms anti cond£tionst 1. DOPOSIT OF FUNDS BY CITY Urganization shall submit a proposed budget for approval to the Parke and Recreation Department of the City of Denton, itemizing its anticipated expenditures and income for the period from April 1, 1986 through August 31, 1986. After approval of the Organization's proposed budget, the City agrees to deposit with the organization on April 1, 1986, the sum of EleVen Thousand Five Hundred and No/100 ($11,500.00) Dollars to meet the anticipated expenditures of the Organizations The City shall make such payment solely from current revenues in the budget of the Parks -and Recreation Department. it. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditionst A. It will establish a separate bank account for deposit of the Eleven Thousand Five Hundred and No/100 ($11,50040) Dollars paid to the Organization by tae City and all expenditures for services provided shall be made from this account. Organization shall not commingle funds received from other sources in this account, B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. f ~~rrrr C. It will permit authorized officials for the City of Denton to review its books at any time, U. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or hie -authorized representative along with any amendments, additions, or revisions whenever adopted. E;, It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the lat day of August, 1986, G. It will refund the balance of the special account to the City of Denton on or before August 31, 1986. H. It will promptly pay all bills when submitted unless there is a discrepancy in a billl any errors or discrepancies in bills shall be promptly reported to the !):rectur of Parks and Recreation or his authorized representative for further direction. I. It will appoint a representative who will be available to most with the Director of Parke and Recreation and other City officials when requested. J. It will indemnify and hold harv'gi. hhp Cif-11 from any and all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors. X. It will provide qualified persons to officiate at all games sponsored by the Organization, Such officials shall be hired as independent contractors and not as employees of the organization. L. It wil', obtain releases from those officiating at games which will release, indemnify and hold the City and the organization harmless from any and all claims for injuries or damages sustained by such officials or sustained by third parties due to the acts or omissions of such officials. DENTON BOY'S BASEBALL, INC.-PAGE 2 ' III. ORGANIZATION AS INDEPENDENT CONTRACTOR In conducting its business hereunder, organization acts as an independent contractor and not as an agent or department of the City. The selection, retention, assignment and control of Organization's empluyees shall be the sole responsibility of Organization. IV. CONFLICT OF INTEREST Any officer, employee or member of organization who may also be an officer or employee of the City shall be prohioited from exercising any control or authurity, direct or indirect, over the administration of the provisions of this Agreement either on behalf of Organization or the City. V. DEFAULT In the event Organization fails to comply with any of the tbrms a,id conditions hereof, the City shall notify organization of such failure in writing. Upon receipt of such notice, Organization shall make no further disbursement of funds from the account required to be established in Paragraph II(A) herein. If such default is not corrected within ten (10) days from receipt of notice from the City, the City may declare this Agreement terminated by written notice to organization and all funds remaining in the above-referenced account shall be immediately returned to the City. VI. MISCELLANEOUS PROVISIONS A. Entire Agreement. This agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. DENTON BOX'S BASEBALL, INC.-PAGE 3 B. Assignment. This agreement shall not be assigned except by the written consent of bath parties hereto, C. Governing Law. This Agreement is to be construed in accordance with the laws of the State of Texas. D. Notice. Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage prepaidS Notice to CityS Notice to Organizations Steve Brinkman Ronnie Roberts Parks & Recreation Director 1207 Bellemead 321 Last McKinney Denton, Texas 76201 Denton, Texas 76201 IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 1984. CITY OF DENTON, TEXAS BYS R S HLA, ACTING CITY MAN R ATTEST: CHARLOTTE A MN, T SECRETARY CITY OF DENTON, TEXAS APPROVED IiS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DJMTON, TEXAS BYI G. f V ~+^.Dr4 DENTON BOY'S BASEBALL, INC'. BY I /.f~..~O RONNIE DENTON BOY'S BASEBALL, INC.-PAGE 4 I hereby designate Steve Brinkman as the City's representative to administer the provisions of this Agreement. DATE RICK L r ACTIN6 CITY MA,R DENTON BOY'S BASEBALL, 114C.-PAGE 5 WY M DENTON rLXA! Civic Carter / Mt. WaKkwor / Dwiton, Tiaea 70001 CITY OF DENTON PARKS AND RECREATION BOARD MEETING MONDAY, JANUARY 27, 1986 5:30 P.M. SENIOR CENTER MEMBERS PRESENT: Mike Campbell, Chairman Gary Kirchoff, Vice Chairman John Travelle Rita Pil.key Willie Hudspeth STAFF PRESENT: Steve Brinkman, Director, Parks and Recreation Chris Smith, Administrative Assistant Joy Hesch, Senior Secretary GUEST PRESENT: Jim Englebrecht I. MEETING CALLED TO ORDER The meeting was called to order by Mike Campbell, Chairman. II. APPROVAL OF MINUTES On a motion by Gary Kirchoff, second of John Travelle, the minutes of the meeting of November 25, 1985, were approved. III. OLD BUSINESS 11 Status of Mandatory Dedication Ordinances Steve gave each member a copy of the revised ordinance and said the ordinance will probably go to Planning and Zoning Commission sometime in February for a work session with the Parks and Recreation Board. Planning and Zoning will then hold a public hearing, and from there, the ordinance will go to the City Council. Dwrton Parks and Racnetim / Denton, Tres (817) 800.0070 v. Parks and Recreation Hoard Meeting January 27, 1986 Page - 2 After reviewing and discussing the proposed ordinance, Willis Hudspeth moved that the ordinance be amended to read, "Any required dedination or conveyance of land shall be in an amount proportionally equal to one acre for each 100 proposed dwelling units," in lieu of the 150 dwelling units as stated. Rita Pilkey seconded the motion. The motion was passed unanimously. No other changes were suggested. Gary Kirchoff moved, and John Travelle seconded, that the Board recommend the proposed ordinance to the Planning and Zoning Commission. Motion carried unanimously. IV. NEW BUSINESS 1. Discussion of Denton Parks Foundations Steve presented the members with a copy of the Denton Parke Foundation Articles of Association which was pt.fpared by the City Attorney's office. Steve said the foundation would give the department the ability to immediately accept donations astd gifts without having to go to the City Council for approval. He proposed going to former members of the Board to give them an oppportunity to be a part of the Foundation for a fee which would be used for operating expenses. 2. Status of Tree/Landscape Ordinances The Boated discussed minimum standards required for developers in regard to landscaping the properties being developed. The main concern was for the protection of trees on sitar if the trees are to be removed, new trees must be provided for replacement. 3. Proposed Parks and Recreation Development 1986-19901 Steve told the Board about the greenbelt area from Denton eastward toward the lake. The proposed area could eventually be as large as 1,500 acres. Steve discussed a bond issue for the development of recreational facilities. He said in the last bond issue not enough planning was done as far as the money required. He suggested that an architect be hired before the next bond issue to provide more realistic figures. Parks and Recreation Board Meeting January 27, 1986 Page - 3 V. OTHER BUSINESS 1. Approval of Contract for Denton Boys' Baseball, Inc.i After reviewing the contract which is in the amount of $11,500.000 John Travelle moved the Board recommend approval of the contract. Willie Hudspeth seconded the motion. The motion was passed unanimously. VI. ADJOURN On a motion of Gary Kirchoff, second of Rita Pilkey, the meeting was adjourned. MINU0020 February 18, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MhMBhRS OF THE CITY COUNCIL FROM Rick Svehla, Acting City Manager SUBJECT Consider Abandonment of Easements. Southern Hills Addition. RECOMMENDATION The Public Utilities Board, at its meeting of January 15, 1986, recommended to the Planning and Zoning Commission and City Council, approval of abandonment of subject easements. The P$Z Commission, at its meeting of February 11, 1986, recommended to the City Council approval of subject easement abamdonment. SUMMARY The development includes the area bounded by Mayhill Road, Loop 288, I3SE and the Railroad right-of-way and had b;en in use as pasture land with a few isolated houses. it has been zoned and platted for industrial and commercial use, and the houses will be moved, abandoned or demolished. BACKGROUND The easements were assigned to the City of Denton by Texas Power and Light Company In the mid 1970's when the lines were purchased from TP$L. It is our normal practice to remove lines when the associated buildings are removed. PROGRAMS-, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, Electric Distribution Division, Legal Department, Developer. FISCAL IMPACT Not applicable except for paper process. Respectfully Submitted, Prepared by; E. B. Tullos Asst, Director of Utilities Ablick cting City Manager h1j%rtric Divisions APR OVUD; c e son Director of Utilities EXHIBIT I. ORDINANCE II Letter of Request III PUB minutes 01/15/86 IV P$Z Minutes 2/11/86 4137U;15 1195!. SOUTHERN HILLS ADDN, Ad ORDIAA`rCE OF THE CITY Of DENTON, TEXAS, ABANDONING AND VACAT7.NG CUTAIN UTILItY EASritEM AS DESCRIBED HEREIN; AND DECLARING AA EFFECTIVE DATE;. WHUk:Ab, the City Council of the CitY of Denton, Texas, has determined that the hereinafter described utility easements are no lonl;er needed for public use; and WHEREAS, in accordance with the provisions of Texas Revised Civil Statutes, Articla 5421c-12, an appraisal of the fair market value of said easements has been obtained; and WHEREAS, in accordance with state law, said easements are being abandoned and liacated in consideration of the receipt of their fair market value by the abutting property owner thereof; viow, THEREFORE, rAE COUNCIL OF THE CIT( OF DENTON HEREBY ORDAINSi StX MN I. That the hereinafter described easements are abandoned and vacated do easements for public utilities: The nersin specifl-., easements assigned by Texas Power and Lignt Company to the 1.-ty of Uent.,n, Texr-, by instrument dated May 11, 19720 and recorded in Volume 1740, Page 768, of the Deed Records of Denton County, Texas ziaid easements being shown on Exhibit "A" attached thereto a lollowa: TP d L Aecorded Grantor Easement N Date Volume PdAt R.A. Bentley, et ux 7268" U1-05.46 325 311 W. C. Sullivan 96659 05-31-49 355 78 Mary McCormic 96704 03-10-49 355 165 Mcry tlccormit 96960 09-.0-42 372 587 C. E. Cdrruth 109218 0e-lU-55 413 234 SECTION 11. That Bald easements ore 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 owner, whether one oe more, and the City of Denton hereby releases any and all eldims to the use of the property described in said easements referenced herein for tna purposes tnerain described. n' SECTION III. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 19W CITY OF DENTON, TEXAS ATTEST: CITY OF OeNTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DAAYOVITCNo CITY ATTORNEY CITY OF DENTONo TEXAS BY: ww1 j J; I WYO/DAMON, rEXAs MUNICIPAL BUILDING / DENTON, TEXAS 76201 J.ELEPHONE (817) 382.9601 March 21, 1985 salter, Smith a Mille IL! . ~ Attorneys a Counselors 1000 Pacific place 1910 Pacific Avenue Dallas, Texas 75201-4598 z Dear Ms. chessman, s NMi This letter supercedes the similar letter dated 3/19/85. On 3/18/89 we reviewed the easements described in your letter of 2/19/85 with w. C. Cole and determined the followings Numbers 1, 3, 7 & 8 are concerning the 138 KV transmission line now assigned to TMPA and will be released and replaced by a new easement. Numbers 4 and 5 refer to transmission line easements. The City of Denton will quit claim these easements provided they are not required by TMPA for the existing 1389V transmission line. The City does not have transmission lines on this property. Numbers 6, 13, 14 & 16 are not located on this tract of property. Number 16 Vol. 504 page 408 is a primary distribution line along Mayhill Road and will need to be retained. The remainder involves service poles to existing structures and will be removed when service is no longer required. Easements are not required for service poles and the City will quit claim the following easements. 02 Volume 230 Pq 127 H. A. Hefner 09 Volume 243 Pq 433 W. H. McNitsky 010 Volume 355 Pq 165 Mary McCormick . #11 Volume 372 Pq 987 Mary McCormick . 012 Volume 355 Pq 78 w. C. Sullivan 015 Volume 325 Pq 312 Roy Bentley ti 017 Volume 413 Pq 234 C. E. Carruth In order to quit claim these easements we will reed the assignments from TP&L that we discussed. Ve truly yours, Er e'e; Tullos~ Assistant Director of Utilities, Electric Division cc: Roger Wilkinson Baker, Smith & Millst0250 JEMMNS &GILCHRIST aiTTORN[Ye NO.7.. p.,•,y orrlcc 2200 INrZRF'RSr 0i4E ♦~fnti Orr-CC I4400 "NTJO+T P+1vC DALLAS, TCXA3 75202. wire fro 2fl10 foo oNS •-e+Ic.N eeN7c+ o•6••f,rw+o •7f • (214) 053.4500 POST Orr"C9 •O. ffa7 •wr N,rc■a r4749•0007 414P901"1190 rCLCCOPICR (214) 6S3-,a300 TWX 910- r►r1+r~•rlpo sal-4o47 TELEX 73-2L3% .OVnON Orr!' W111TC11'f OIRCCr OIAL NUMICq 3050'CAAS COV"C+ct •Owt+ (214) 761-4721 .0.,170N, Tf R.. 77004.,909 171317&7.1700 October 24, 1985 Mr. Ernie E. Tullos Ci*.y of Denton 215 E. McKinney Denton, Texas 76201 Re: Easements located on two tracts of land in t:ie !4. E. P. and P.R.R. Company Survey, the Daniel Lambert Survey, the J. White Survey and J. S. Taft Survey, Denton County, Texas Dear Mr. Tullos: Pursuant to our telephone conversation on October 230 19850 I am enclosing a copy of the survey :or the above- referenced property. I am also enclosing a copy of your letter to Candice Cheeseman dated March 21, 1985, in which you said the City of Denton would quitclaim the following easements: 1. Volume 325, Page 312; 2, Volume 3550 Page 781 3. Volume 355, Page 165; 4. Volume 372, Page 587; and REP'" 5. Volume 413, Page 234. f Please also check Volume 1130, Page 20. If you have any questions, please call me. A ~ , 5 1985. Very truly yours, I Rebecca L. Lloyd RLL/ld Enclosures BAKER, SMITH & MILLS A►ROPKSSIo"t. CORro11ArION •9so+r 0.W114A191RLw ATTOANdysANOCOUNULOlle • M.M AAfonv"L 000" OOwA.rOwNOPPKs AL.N A1NN9f r w l w»N• Audi W a a 4v ifl1V 1000 PAC 10IC PLACK 171.19"-QX* 4I~wlN1 MWOI r,rO1»v0 K•AILp C1C4a "two 010+014 61,11Q040 N1 N A L 401106604 l410 PACT►IC AVKNUK •4w.AW • KVM pw 1 wu1 fILSCO►IKR 124419416 -0l90 .INN+o C•ws1 6 L DALaMOSC 40 OALLAK. TKMAS 75201-4504 ?LX 191999 1•r MOAA V CAA L 1 wC w•lL 0 060044 4::%"dL Cr4110dY•N 'OwNl a.rwA169 AU PUN TLA OAL S No Of ALIV ""Off 1:1A VAR" C.&O'd9 INOCM 1 d000911Cw O1 1044164I 0'6w44 1111Y. NLN490 NORTNOALLASORPICK J 1 rllr....NfIaNIK .wLWNSwIM„ l October 14t, 1985 : O r•orwy0-A oy0/wr9 lwf.r MONAL.WCOLNCKNTRK Oo1N 1.i•{A V 11AAM NfArC• •1 f/ 0OW44*14 'ANN 7400LOJOR494wAY L0099 nIlO01V YwLL 1 udI fy1444 41 DALLAS TKRAS I4~lO s?01 fCAf♦ w0~1oM 0AY6IM0 VAOIN !2111 MI09Q0 fA0.10N lu94N0 VALANf»N 00"4't0 f.C49ON 4404110" IALLACI f, '0190w-4d 11 NIMN wlCwlLL DONALD O 04L1w •NllNt fOMN1oN YAIfMAI OA+041 0• COLA"L w•IOLOL »+C MiN1 A A.LLIR WARN IM V AWMAY Mr. Ernie E. Tullos City of Denton 215 E. McKinney Denton, Texas 76201 Res Easements located on two tracts of land in the M.E.P. and P.R.R. Company Survey, the Daniel Lambert Survey, the J. White Survey aanndrJ-3. Taft Survey, Denton County, Texas Dear Mr. Tulloss 0 As of today, Roger Wilkinson provided our office with a file-stamped copy of a Bill of Sale and Assignment of Easements conveying certain easements from Texas Power & Light Company to the City of Denton, Texas ("Assignment"), a copy of which is enclosed and specifically concerning the following easements: 1. Volume 325, Page 3121 2. Volume 355, Page 781 3. Volume 3550. Page 1651 4. Volume 372, Page 5871 and, i. Volume 413, Page 234. Pursuant to your letter to me dated March 21 1985t, the enclosed Assignment should satisfy your requirement allowing the City of Denton to quitclaim the foregoing easements. BAKU SAM 2k %IW A •"WWt*&Q%AL C09PORAVON Mr. Ernie E. TUllos October 14, 1985 Page Two Please review the Assignment and forward to my attention a release of those five (5) easements at your earliest convenience, if you require any assistance to complete this request, please call me immediately. Your prompt attention to this matter will be greatly appreciated. Verytruly yours, nr Candice L. Cheeseman CLC/lgk Enclosures cc Becky Lloyd (w/enclosures) Carol hall (w/enclosures) i i BXCEkPT FROM- MINUTES PUBLIC UTILITIES BOARD January 15, 1986 S. CONSIDER ABANDONMENT OF BASEMENTS-SOUTHERN HILLS ADDITION, Tulios explained that the utility does not intend to use these easements. The property owners have granted additional easements which will be used. The purpose of the abandonment is to get the City property records and those of the owner updated. Thompson motion, Frady second, to abandon easements at Southern Hills Addition, 40830:12 Lill February 19, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Pick Svehla, Acting City Manager SUBJECT Consider Ordinance to Accept Bid 89541, Trade or Exchange of Land Wastewater Treatment Plant (approx. 18.16 Acres). RECOMMENDAT IOi l The Public Utilities Board, at their westing of December 18, 1985, recommended to the Council that this Bid, proposing exchange of property, submitted by Beni Pinnel, be accepted. SUMMARY/BACKGROUND On December 5, 1985, bids were received at the City of Denton's Purchasing Department for the above-referenced bid item. There was only one bid received which proposed a trade of property rather than cash exchange. This bid was received from Ben Pinnel, along with a proposed Joint Venture Agreement. The property being traded Is approximately 18.16 acres, located on a hill next to Mayhill Road. This property is not suitable for our use. Mr. Pinnel owns property next to our land injection arRA which will be suitable for our use. This proposal was the only bid received. PROGRAMS DbPARTMEPTS OR GROUPS AFFECTED City of Denton Municipal Utilities, developers, Wastewater Treatment Plant. FISCAL IMPACT There is to be no exchange of funds. Ap rove R pec ally V 1 Ro B. Nelson Director of Utilities Acting City Manager Exhibit 1- Proposed Ordinance 11 Bid Information III Jt. Venture Agreement IV Location Map 4137U:11 NO. AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE: EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF DENTON ANll A.B.P., JR., TRUSTEE, INVESTMENT NO. 17, A JOINT VENTURE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton, Texas, approves the contract providing fcr the exchange of the real property described in said contract attached hereto, between the City of Denton and A.B.P., Jr., Trustos, Investment No. 17, a joint venture between A. Ben Pinnell, Jr., and Zola C. Pinnell. SECTION II. That the City Council authorizes the Mayor and City Manager to execute any and all documents necessary to consummate the exchange of real property in accordance with said contract. SECTION iii. That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1986. RICHARD 0. SMART. MAYOR CITY OF DENTON, TEXAS ATTEST: 0MLOTTE- , CITY S. CITY OF D,F.NTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADA142 DRAYOVITCH, CITY ATTORNEY CITY OF 00TON, TEXAS bY. . THE STATE OF TEXAS g CONTRACT FUR TiLUE OF REAL PRUPERTY BETWEEN THE CITY OF DENTON AND COUNTY OF DENTU14 A.B.P., JR. TRUSTEE, INVESTMENT NO. 17 This agreement is made on the me day of , 1986, between the City of Denton, Texas, a municipal corporation ("City"), and A.B.P., Jr., Trustee, Investment No. 17, ("A.b.P."), a point venture consisting of A. Ben Pinnell, Jr. and Zola C. Pinnell, whose business address is Route 3, Box 135, Denton, Texas 76201. The parties agree upon the following facts: On October 23, 19850 the City, by bid invitation (Bid Number 9541), advertised its intent to exchange 18.163 acres of real property owned by the City for other real property of equal or greater value. On December 2, 1985, A.B.P. submitted a bid proposal to the City offering to exchange 18.157 acres of real property owned by A.B.P. for the 18.163 acres owned by the City. On , 1986, the City Council of City accepted the bid proposal of A.B.P. by approval of this agreement in consideration of the mutual covenants of the parties, who agree as follows; 1. Property Described. City will convey to A.B.P. the real property owned by it, described as follows: ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the G. Walker Survey, Abstract No. 1330, and also being part of tract one of the land as conveyed from helix W. Callahan, at al to Cit of Denton b deed dated January 10, 1982, and recorder in Volume 1181, Page 116 of the Deed Records of Daaton County, Texas, and more particularly described as F.allows: BEGINNING at the southwest corner of Said tract one, said point lying in the west boundary line of said Walker Survey and in Mayhill Road; THENCE north 2°58'37" east along said survey line and in said road, a distance of 701.63 feet to a point for a corner, said point lying 50 feet south of the northwest corner of said tract; THENCE south 88°06'15" east 50 feet south of and parallel to the north boundary line of said tract, a distance of 1106.25 feet to a point for a corner; THENCE south, a distance of 707.58 feet to a point for a corner in the south boundary line of said tract; THENCE north 87°49'09" west along the south boundary line of said tract, a distance of 1142.91 feet to the place of beginning and containing 18.1836 acres of land, more or less. A,B.P. will convey to City the real property owned by A.B.P., described as follows; Being a 18.157 acre tract of land lying in the Gideon Walker Survey Abstract No. 1330, Denton County, Texas, same being a part of a called 97.785 acre tract described in a deed to Anthony Scalise as recorded in Volume 647, page 8 of the deed records of said county, eta* being set out by metes and bounds description as follows: COMMENCING at a fence corner at the northwest corner of said 97.785 acre tract; THENCE S 86°01'32" E with the north line of said tract and a fence a distance of 479.$ foot to the true place of beginning; THENCE continuing S 86°01'32" E a distance of 790.00 foot to the northwest corner of a tract described in a deed to the City of Denton recorded in `volume 1169, page 687, of the deed records oil Denton County, Texas; THENCE S 03°45'16" W with the west Itne of said City of Denton tract a distance of 1045.71 feet to a corner ire a public road, also being on the south line of said 97.?85 acre tract; THENCE N 86°10'27" W with said road and said south line a distance of 721.23 feet to the southwest corner of this tract; THENCE "north" a distance of 1050.09 feet to the place of beginning. 2. Deeds. City shall convey its above-described property to A.B.P. by~ executing, acknowledging and delivering a special warranty dead to A.B.P. A.B.P. shall convey fee simple title to its property described above by executing, acknowledging and delivering a general warranty dead to City, free and clear of all encumbrances except as herein described. 3. Closina. All deeds shall be executed and delivered by the parties and the entire exchange shall be completely consummated within ninety (90) days of the execution of this PAGE 2 h ;4. agreement at a time and place mutually agreeable to both parties. 4. Title Insurance Policy. A.B.P. shall, prior to closing, procure at its coat, a preliminary title report from a title company acceptable to City, agreeing to insure marketable title to the City in an amount acceptable to City and to obtain at of before closing a title policy on the property to be conveyer: to City insuring good and marketable title to the property in the City. 5. Effect of Defective Title. After A.B.P. has obtained a preliminary title report of its property to be conveyed to City, it shall submit same to the City for its inspection. Should the title prove defective, in the opinion of the City's attorney, then the defect shall be pointed out to A.B.P. in writing and A.B.P. shall use all diligence to correct the defect. If the defect is not corrected to the satisfaction of City prior to closing, City may terminate this agreement. 6. Taxes and Assessments. Each party shall pay all taxes and assessments on these respective properties to be exchanged so that on the date of closing no taxes or assessments shall be owed on the respective properties. 7. Fees, Chargass Coate. A.B.P. shall pay all recording fees, title searches, reconveyance fees, trustee fees, and title policy premiums arising out of this agresment. a. Fenc. ins. Prior to closing, A.B.P. shall erect a stA foot chain link Fence with a three strand barbed wire top, oi; a type and quality acceptable to City, along ano outside the eastern boundary of the property being exchanged by the City and extending southerly along and inside the western boundary line of the property being exchanged by A.B.P., as shown on Exhibit I attached hereto. 9. Default. Should A.B.P. fail to perform in accordance with the terms of this agreement, City may retain any monies PAGE 3 submitted to the City with its bid, In witness whereof, the parts 3 have executed this agreeaent o:; the date first above written. CITY OF DENTON, TEXAS BY: ATTEST: SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: trvw~ A.B.P., JR., TRUSTEE, INVESTMENT NO. 17 JOINT VENTURE BY: 1j, & pz4j BY: . 7 r~1 zV4A C. CIF PAGE 4 )~5 { ,.r„ .f 4 i v r r z e.. F. ...1 a. 3 irF. ate.:..... r,'4'4... ..,fir 11 THE STATE OF TEXAS q COUNTY OF DENTON § Un this day of , 1986, before me ne Notary Public, persona y appears c ar Se un ers g wart, Mayor, personally known to me to be the person who executed the with!.n instrument as Mayor of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. NOTARY THE STATE; OF TEXAS § CUUNTY OF DENTON § Oq this day of 1. ;<<-, r• 1986, before me iL,~.:,~•..c~1d •~1 , C e un ers gne Notary Public, persona y appeared A. en nnell, Trustee, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the trust and aegcnowledged to me that the trustee executed it. lei t NOTARY PUBLICt STMT-z"=- THE STATE OF TEXAS § COUNTY OF DENTON § ~ ~ r! 1 09 this day of 19860 before me ~vL FF ,✓„dC=Ni~ii~ , the ua er% ggns Notary Public, personally appears Zola C. P innell, Trustee, personally known to me (or proved to me on the basis of satisfactory evidence) to be -he person who executed the within instrument on behalf of the trust and acknowledged to me that the trustee executed it. ~C(6Ja /b r I, - PAGE 5 SEMEN PLANT RD, t0 MtiMtP---~.rp. CITY Of DENTON R err LM N 1J0.0' f N s Ci ~ F r S a w as• q' TO CITY LAPAW" . «w MM. w, wnwlw Ile~rl•Ir •~www e, w 1►~ ern EXMI~It Y. CRY OR O04TO1l. TSXAfi M NMLTr N 1 • /4 wr•. r w •Q' •IMI~ 1 S •.M f ~It «r- Chy of a~t~° 810 #NV"1T'AMN Q 901.0 Temp St. MY OF BQII TM ~ Denton, Texas 76201 1//1 Date October 23, 1985 610 NUMBER 9541 610 TITLE TRADE OR EXCHANGE OF LAND Ben of nnell Seated bid VOI) ass will bs raoetved Until 20 p.m. Route 3, Box 135 December 5 1985 Denton, TX 76201 ► At the office of ttw Purchasing Agent, 901.8 Texas St., Denton, Texas 76201 I For addillonal information oontact JOHN J. MARSHALL, C.P.M. TAM 0. SHAW, C.P.M. RN1CM46HM AealdT ANN. PUnC1UMN0 A09W Office DIFW Metro 9174dI'l 817.267.WQ INSTRUCTIONS TO 01009AS 1. Sealed bld proposals must be received In duplicate, on this form, prior to opening date and time to be considered. Late proposals will be returned un(oened, 2 Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mellf,d or delivered to the Purchasing Department, City of Denton, 901 •B Texas St., Denton, TX 76201. 3. Any submitted article clavfsting from the speonlcatlons must be Identified anti hew full dewApttw data accompanying suite, of It will not be considered. 4. All materfale am to be gwt+d FOB Denton, Texu, deilvel to the floor of the warehouse, or as otfterwies IndlCeted. 6, The City of Denton, Texas resarves the right to accept separate Items In a bid unless this right Is denied by the bdder, Q In case of default after b4 acceptance, the City of Denton, Texas may at Its option hold the accepted bidder or contractor liabta for any and all rptiltant increased goats as a penalty for such default. 7, The City of Denton ressivea the ftht to reseal any and all bids, to wales all Informalities and raqulrs that submitted bide remain in face for a six y (001 day period after opening or until award is mods; whichsvar comes flmt. 6, The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 9. The Itaima as to to P64d each not, (Packaging of shipping quantltlas will be conakwed) 10, The Purchasing D*Wa ,mart assumes responelbinty for the correctness And clarity of this bid, and all Information andlor questtone pertaining to this bid shall be directed to the City of Denton Purchasing Agent. 11, Any attempt to nooIsta or give information on the contents of this bid with the City of Denton or Its representatives prior to award shall b► Bounds for disqualiNoattons. 12. The conditlons and torma of this bid will be considered when evaluating for award. e 13, The City of Denton la exempt from all sales and excise taxes. (Article 20.048) K f~atear zoxss Dtcenber 2 PROPOSAL Of A. BEM PINMELL _ rR _ _ T12IiSTEE , a corporation organised Ana existing under the laws of Cho State of ASP Investment 017 , A partnersnip consisting of (Sig Attachad to nt , the ousiness name of Venture) Y, art individual TG: John marsh!il Purenasing Agent City of Denton 901 Texas Street Denton, Texas 76201 PROPOSAL FOR: Trade or Exchange of land owned by the City of Denton located in tae City of Denton, Texas for a tract of equal Value, The undersigned bidder has carefully examined the Notice to Bidders, Instructions to Bidders, this Proposal, the site of the property to be purchased and the marketability of such property, hereby binds himself upon formal 'O'eceptance of his Proposal to execute the various legal ir,strume;,4s required to transfer the City's property referenced above to Bidder and Bidder's property to City and to be bound by the conditions set forth in the Instructions to Bidders'. The undersigned Bidder proposes to trade the tract offered by city for the tollowing tract of land: Being a 18.157 acre tract of land lying in the Gideon Walker Survey Abstract #1330, Denton County, Texas, same being a part of a called 97.785 acre tract described in a deed to Anthony Scalise as recorded in Volume 647, page 8 of the deed records of said county, same being set out by metes and bounds description as follows: Commencing at a fence corner at the northwest corner of said 91.785 acre tract thence S 86° 01' 32" E with the north line of said tract and a fence a distance of 479.8 feet to the true plane of beginning; thence continuing s 86° 01' 32" E a distance of 790.00 feet to the northwest corner of a tract described in a deed to the city of Denton, recorded in Volume 1169, page 687, deed recordF,; thence S 03° 45' 16" W with the west line of said city of Denton trace a distance of 1045.71 feet to a corner in a public road, also being on the south line of said 97.785 acre tract; thence N 86° 10' 27" W with said road and said south line a distance of 721.23 feet to the southwest corner of this tract; thence "north" a distance of 1050.09 feet to the beginning. Receipt is acknowledged of the following addenda: Addendum No. 1 Plat Trade Properties Addendum No. 2 Joint y".A reors- Addendum No, 3~r`-g Addendum No. 4 Respeatfully submitted, ABP, INV UTMEN' 7 BY: ' , (Title) Route 3, Box 135 Denton, Texas 7620J Ad ress Seal (it Bidder is a Corporation) ~~.,,.~:r,~ ~ S?`F.?.' z+' %~2'7.'-awA' _„j®; >~c ~ a.f'`.aS•~y~~3wg~ z ro;1. All Condition& set forth in the "NOUCO to Bidders" and the "aid Proposal" are hereby made a part of these instructions to Bidders for all purposes. 4 2. The Bidder's proposal shall generally follow the form of the example attached to these instructions, and any bid which does not contain all the provisions set out in such example say be rejected by the City Council. Whether or not all provisions of the City's example of the Bid Proposal are included in Bidder's proposal is within the discretion of the Cl,ty Council to decide. 3. All questions about the maaning or intent of the Notice to Bidders, Instructions to Bidders and the Proposal shall be submitted to the mailedaorgdelivered Agent atowriting. ppartieesReplies recordedwill by the issue Purch sing addend& as having received the bidding documents. Questions received less han three be answered, Odays prior to questions tlinswered for oto ;l written addeada will be binding. Oral and other interpretations or clarifications will be without legal effect. 4. aids may be modified or withdrawn by an appropriate document duly executed (in the manner that a yid roust be executed) and delivered to the place where bids are to be submitted at any time prior to the opening of bids. Bids may not be withdrawn after opening bids. All bids shall remain open for a thirty (30) day period of time, but City may, in its sole discretion, release any bid prior to that date. S. It is expected that City's evaluation of bids and award will be made within thirty (30) days of the bid opening. The award will be to the highest successful bidder. 6. Only exchanges will be considered in making the award. 7. All bids shall be accos anied b a cashier's chock or mono order pus a to t e tY o a Con Or an amours not To t an 8. Cashier's checks and money orders of unsuccessful bidders will be returned to such bidders after an award of the bid has been approved by the City Council. 9. Should the successful bidder fail to close the property on the date indicated herein, the City may retain the successful bidder's cashier's check or money order. 10. The City of Denton will convey ownership to the realty by Quitclaim Deed. 11. Possession of the property shall be given to the successful bidder at closing. 12. No commission fees shall be paid by the City. 13. The costs of a title insurance policy on the City's realty, if same is requested by the successful bidder, shall be paid by the successful bidder. 14. Bidder shall provide a title policy for tho property he is offering to trade showing no liens or encumbrances. 15. Bidder's property shall be conveyed to City by a general warranty deed. • 16. Prior to closing, Bidder shall erect a six foot (61) chain link fence with three strain barbed wire top from the northeast corner of the tract City proposes to trade, continuing in a southerly direction extending to roster Road, as directed by City. 17. All bids must be sealed in an envelops which has Via name, return address and telephone number of the bidder on it and be addressed to the City as set forth in the "Notice to Biddara'. tl 'R$• `•"r }".:E,.y~k. a"Sa e+:[ k, 4 t r Y"i'1s2~ "siR.~f.~' t a _ .:r LEGAL Notice to Bidders Pursuant to the Provisions of Article 5421C-12, V.T.C.S., notice is hereby liven by the Cit of Denton, Texas, that the following described and is hereby o1fared to the general public for trade or exchange for a tract of land abutting the north side of Poster of approximately approximately 18,16 acre feet nor lasso under Road conditions hereinafter contained. The tract of land offered for trade or exchange is described as: ALL that certain lot, tract or parcel of land lying and being rituated in the City and County of Denton, State of Texaa, and b being part aiag part of the G. Walker Survey, Abstract No. 13300 and also Callahaa j at of al tract City of Denton by sdead nvdateed f 12-1042 and recorded in Volume 1181, Page 116 of the Dead Records of Denton County, Taxes, and more particularly described as follows: BEGINNING at the southwest corner of said tract one, said point lyin`` in the west boundary line of said walker Survey and in Mayhill Road; THENCE north 2°58'37" east along said survey line and in said road, a distance of 701.63 feet to a point for a corner, said point lying 50 feet south of the northwest corner of said tract; THENCE south 88°06'15" east 50 fast south of and parallel to the north boundary line of said tract, a distance of 1106.25 feet to a point for a corner; THENCE south, a distance of 707.58 feat to a point for a corner to the south boundary line of said tract; THENCE north 87°49'09" west along the south boundary line of said tract, a distance of 1142.91 feet to the place of beginning and containing 18.1836 acres of land, more or less. The conditions of this offer are as follows: Sealed bids addressed to John Marshall, Purchasing Agent, 901-8 Texas Street, Denton, Texas 76201, will be received at the office of the Purchasing Agent. P,&dders shall propose to trade a tract of land of equal value to the tract owned by City and described herein situated on the north side of Foster Road and east of Mayhili Road in Denton, Texas. Closing shall take place not More than thirty (30) days after acceptance of the highest and beat bids and after satisfaction of all conditions herein described. The City reserves the right to reject any and all bids and to waive technicalities. Bids Must conform generally with the Proposal and the Instructions to Sidders provided by the City of Denton which may be obtained from the Office of the Purchasing Agent durin the hours of 8:00 4,26 to 5:00 p.m. No deposit or charge will be required for copies of the Proposal and Instructions to Bidders. t ~ 4":. 7',~.~~r-^.~°..T~~r~x T:,; >.s ~..•~.~~~srs;.:""'t' :a'S ~k.,,. ~,~„'-ids 1 ;.3: r : 'F s ADDENDUM 2 r JOINT MITU21 Ta Stan Or Tau I I Co" Of DALLAS I Thin Jotet Ventura yrooarat to as& t:•!'3 estarM into effective w of the 14th day of May, 1915, std bstwen A. SIN PIIAl44p JS., TNWSTEE and IOU C. TIIMRL, hereinafter called "Vesterora" as follows The Venturers desire to "etin the ouietaase of a Joint Western to oepnireo oven. operate, and otherwiso deal with that cereals coal property deserlw as follows Lyisb and boiq elevated to katoa County, Teoss, and Wing nose particularly desart►ad en Exhibit "A" attached lento sad me" a put heron! for all purposes. Now, tbatstorso for end Le aensidcretien of the wool covenants hotels contaisod, the Venturers hereby create a Joint Venture upon the tore, provielar sad conditions hereinafter not forth. ARTICLE I NAME AND PLACE Of AUSINISS 1.1 The arse of the Joist Venture shall be AN JR., TRUSMO INVESTURNT W JOINT VENTURE. 1.2 The place of basins. The principal place of bovine" of the Joint V*oturo eball be is care of A. A" Pts"Ilo Jr., Trusteo, Reuto 3 ton 135, Desteso Too" 76201, ARTICLE 11 PURPOSES Of JOINT VENTURE The purpose of the joint Venture shall be to sequirso rooo devote## operate, ioprow p loo eo nortp/oo cell and otherwise deal with the Venture Property. ARTICLE III TERM Or VENTURE The Joist Vesture shell continue for fifty {50) ysare free tbs data haraef, until the Venture property is sold or otherwise diapooed of, cad all Proceeds of sale collaeted or used the Joist Ventura is tontnated by wtual aareeaat of all of the Joist Ventorerso or until the Joist Venture shall be dissolved is &me W so with the terse of this Agr"Wat, whithevor shall tires o"ar. ARTICLE IV Title to the Weatom Property has be" loaded Leto A. Sea Ptsooll, Jr., Trust". It Is Understood thee too loot"" property. all l provoasate, and Seen of personalty placed ebaraos ebdl be ao-MAN by the Joint Voturero An partners, and me as tasosto in euswe of Joist taasaes. Seek Vasturer hereby esprosely waives any right of particle es to the Venture property and say and W coal "tats wblab any at any ties be owned by the Joist Venous and do right to take ape other "Cleo rhisb ooharwles slot be available to ►le fee the pwrpooe of soverieg his relationship with the Velneon Property or sack other real "goes Gaud by the Joint Westure, unlaze soh other active to authorized by this Agroomst. ARTICLE V FISCAL MATTTtRE 3,1 Fiscal rear. The riacal year of the Joint Venture shall be the calendar year. 5.2 books and records. Proper books cat, records shall be kept with reforsaee to all Joint Venture transacting and upon such aatbods of "Come&" " shall properly reflect the locase of the joint Vesture. tuck Wake and re"rde shall be aelntai"d at the pines of bwloses of the Joint Venture In Don" Co"Aye Tea" and Gosh Joist Wentaror shall have oats" thereto at all reasonable ctwa durltg bwlsveo Newrn. NNeucevero it is expressly understood that the Venture es"Atr, hereinafter caecao try "Poole said hooks with the aocentest for the Joist Vesture for seek Porto" at ties " are escoseasy ter said ecseue"at to prepare tax returao, holes" Mato, or whatever other documents are seoasosq. v~. I d ..V t` •+r is P:. ir'i. s.s on or were area lot of .soh ysan, the fostwn rosaw sun aria to be • Pretend an manditod baUma Newt of the joist V#Gtwss as of the last dry of the tioaal "oar, toptior with r usa"ltid profit add loss statasmm et the Joist posture for such yenr, 00911 deem mes to be prepared at the "Pas" of the Joie featars, ad arch joist rwtursr shall be furnished with coptss of Sans, topehar with a Joist Vista" tax return. 3.4 Seek Accounts. 110 Joist venture lank &4400& Shall be esistalssd at s henk ysavemiost to the thaw Vesture Maasgar, said the Vesture Mssspg shall be signatory that*"# toptbor with the bookkeeper for the Vesture. Saab bask asasat shall ►r I" for ass sip "Uto as Ventage @make. ARTICLE VI x"Woo mar or Join VEMtUEE urAUp S 6.1 Msaageaest of the Venture Affairs She1I be Wert" to sae or nom of the Joist Vestwors, as datoralwd by a es}ority vote of the fostwo". The fasters Maaagar U hereby d"L814t" to be At gee pissoll. The posters Manapr shall couisir to be A. Esc plmall unless otherwise voted by the ssyoritr of the rwtwors. lba Venture Msmagsr shall be entitled only to relabursaamnt of out of packet espssea. 6.2 Control of the Ventura, All decisions relating to the activities of Cho joint Yasturs, enaept those delegated specifically to the Mssegor by paragraph 6.3 breunder, shall be determined by unnalswus consent of the joint fosterage entitled to vote hereunder. 6,3 Venture Manager. Subject to the reservations of central, the Venturers delegate t6 the Venture tanager as designated from tine to tlw, the &*"rat wassomat and final deternlastisa of all questions relating to the wssal daily business affairs and policies of the Joist Venture, In this consectioss the Vesture Manager shall devote much of his ties as is reasonably necessary sad desirable co mlatais add operate the busiosms of the Joint Venture. 6.4 The Venture Monagar shall to no avant incur say liability to the Joist Vsture or to the Joint Venturers for toy action taken or adsdttsd to be tahea by than to good faith on behalf of the Joint Venture. Each Joint Venturer agrees, equallgs to isdednlfy and hold the Venture Manages baseless from end against say aid all loss or damage suffered or incurred by the Venture Manager is cosmetics with or arising out of the perforaeace or discharge of his duties on boha?.f of the Venture. ARTICLE VII WIft" 1.1 look Joint Venturer agrees to pay to the Vesture Manager as behalf of the Joist Ventures his pro-rats share of all toots, expanded, er charged with respect to the operatios, ownership, asisteaaaoa end upkeep of the Venture property and warts, including but not liatted to ad veloros tames issurencs psesiums, saistssaaes and repairs, costs of capital lWovemats adds, professional feu, utility mats, and tests of operation of the business of whatever seture, to the ascent that such costa, mpaws or charges cosset be paid out of the set cosh Use of the Venture buslasao, or out of the pro$*ada of any Vesture loss. 1.2 The feature Masagdr (or the bookkeeper for this Vesture) shell, frog ties to time estiaato the cash vtq"reeNnto of the Joint Venture tot a period of two mathe Is ahsaco. sad request psyssat of daab Joist Vasturar's pre-rato Shan of such estlestod oast requiraesetso and seek joist Venturer hereby strew that be until M the Saes within ten days after receiving a @totems& eborsfor. If for any reams aq Vastoner tails or rsfusaa to asks such payment within said ten day period, interest thereon shall secrw from the data such paywat was due at the bighost lawful contract rata. At the and of the period covered by such astinste, if the estlosted amawat paid by the fosturers of cads the actual emoumt required for the said two math operations the Venture Manager shall apply said "dead to future Venture requireft"to, 1.3 Ralaburssesnt. Is the .vast that the Vesture Meesger advisees say sues with respect to the operation or somposst of the Joint Vesture, the Joist Venturers )oistly and mvorally agree to reimburse the Vesture Manager web sum so "voiced, ever and above the Ma"Ser's pro-rata shsro, within tea days from the dossed. is the avast that said sues are tat paid by say Joint Veaturor within said ten day period, the saw due unto the Manager shall bur Interest at too percent (102) per saws until paid ►y the Joint Venturer. 2 ~I AMTICLB VIII COItfSIWlI0Mi1; PAMTM, LOtYq AM LUULrnn S,I The Jelat Vnturera be" contributed am* ter tie parchasa at the Vesture pr=operty. Inch Joist Voaturor acbrwlodsas that he satin sa may"" lnsmrost in the pfwtare asases and awn a pro-rata there of venture l"Witlas as follows tr~li~s Nragta CGal jAM IltaiN! Zola C. pimell 00,000.00 991 A. San plasall. Jr. 0 Is It la 40"d that this property pays the 10e8es that A. A. pimssll sad foie C. pioemll istwrred Is AN 031 and hrallsl a" and We Crook at awes. 8.2 profits Sod Losses. The profits and peaces of the joint Vesture (L"ladloS any depreciation attributable to the Vesture property) shall be Credited or cborsed to the Joist ventures to atest""* with their undivided interest. S.3 Iadividual capital and income capital. IadivUesa capital and income accounts shall be maintained for each Joint Venturer. Iscomms losses sad distributions shall be debited Of arsdited, as the taus may be, to such "comets in seaordamos with the provialoas of this Alresssat and psevally accepted scaoussMS principles. 1.4 Interest on capital accounts. No interest shall be paid or accrued os any venturer$* capitol "Count. 0.5 Cofiattion of amt cash flow. The tors "not cash flow" shall seam the *uses at the total Scene receipts in the operation or sale of Vesture property (lneludift fuss available from isteris or permanent fiaaocias of such Vesture property) duriaS the fiscal year in question over the am oft (a) rho total each disbursements of the Joint Yeacure duties such year pai4 la connection with the operation or sale, plus (b) Any estimated reserve for taxes, InaurSmte, cemtisSeacies or other items doused necessary or appropriate by the Vesture mmaWc 41th respect to the Joint vesture. [taw of expowe not directly attributable to all or a specific portion at the Venture property shall be alloaated is accordance with generally Accepted accounting priaciples. S.d Distribution of not a"% flows Allocation at leases Sad Indemnity. The distribvet" of not aaab flow mad the allocatlos of all profits and loasma of the Joint Vesture shell be distributed to the Joist Venturors in ""edema with their ebmro to the Joist Yeature was reasipt of Sam by the Vesture Usaasor. AMCLK a ASSIMMIrs AM ThUAMW 9.1 prohibition asalaot transfer. rxeopt Ss beratuafter provibd, so Venturer may "Us acmes, traasfer, encumber or otherwise dispose of say part of his sbero in the Joist Vesture without the comment of the other Jolat Vantnrarn. 9.2 permitted sale. A Joist Yesterer may naver, wttbast the consent of the other Joint Vustureras mall less than him satire interest to the Joist Venture, Ia the event a Joint Venturer receives a boss We offer for the purchase of his taterest, acid Joist Venturer Mall either refuse such offer, or jive the Joint Yemtarntm written action aattins out in full details of such after, which notice, arose other thlap, shall specify the now of the effacer, the purch"d price, the terms of payments whether for cash or credit, and if as credit the torn and interest rates as wail as Say Sad all other tars, conditions, sad details of such offer. Up" receipt of the notice with respect to such offer, the other joint Venturers shall have the exclusive riot and option pro rata in 3 e:~:• w"T®8Y '~`4+Y Z_i4iSY"~.w yr Rt. ~.•~f} ~R"t {9S'•~9itil! l i l:{ iFp'°i[y ~.p,F _ ~ acsetdmges wllb their Partn"ohip istorests. 424"1"614 at a4 tInn durum s period of forty-ti►o (43) days lrw the data of said sociea, to Purchase the Income to the Joist Venture eowsrod by seek after at the ears prtas and as eke same torso aed sesditiaa of the offer 40 net an is walk "ciao. lash Joist Ventme" shall easily the ether need eslliss Joint VOSturars of bid dsoidi" v to Wbtiwr bt Will rnrelea his optipa or see With" thirty (30) days fees the date of the notice pent to the aw-aollly ventunr. If the other Joint foomers alone to saorciee the eytiess they Shall Rive mitten notice of acid alectlos to the seiliag Joist venturers end sold a"o end purchase Shall be closed Within thirty (30) days after aka equation of amid forty-five (45) day tars. It Cho 100reelifaa joint venturers shall we eleae to otsrdla his options the eslliy Joist Venturer shall be 0o notified Is mittsgs and shall be ftao to sell him Internee in the Joist Venture upon as term and cesdltloas art forth to the Written notice tkerstofore given, bowover, suck Bale wet be as" strictly upon the terse and aeeditleee and is the Para" described to the Written rsquired mottes, and aty proposed Salo to a different loge" or upon Okayed term end asndittoms shall be subject to the sass pelen and the a4 notion requirements en Nt out above. 943 Joist Vosturar lease. A venturer nay not Pladps ommeber, or crate a security Interest is his share of the joint venture or la the Ventura property Without the Cement of the Other Ventur*rn. 9.6 Death of a Jatmt Venturer. Upon the death of a Joist Venturer, the surviving joint Vaatursts shall have en option to purchase 91010 eke estate ni the deceased Joint Venturer the Interest of the deceased Joint Venturer Is the Joint Ve"Wre cad an the terra and eonditioas set forth to this paragraph. lush option shall bib exercised Wicbis sixty (60) days after notification of death to the Joint Ventura by the estate. The purckase price for the deceased joint Venturer's !:..rarest in the Joist Venture shall be (Lead ►y the mutual agreement of the parties. It no egreaieat Id raaobed Withlm sixty (60) days, them the Webs" price sball be determined es folloua+ the Joist Vesture shall appoint as appraiser, the lapl representative of the estate of the daeeasad Joint Vesturer shall appoint an appralar, and the two aprslsere se appointed *bell APPeist a third appraiser, the three of whom shall them determine the fair market value of the deceased Venturer's interest so of the date of election to ourolso the option bersin $tested. prom sub fair market value shall be doduetod the deeeesed Vemturec'a pro-tats *bare of all debts of the Jelat Vature, both unsecured and those evidenced by lieu and oactrmbramees against the proporty. Any costribtios• made by the surviving Joint Veuturere darting such interval allocable to the interest of the deceased Joint Venturer shall be deduated free ten purchase price of such Internet. The purchase price, deterslsed to the gasser herein provided, shell be paid one-third (1/3) Is cash sad the balance by the Wmimutiom of a two (l) year note co the estate of the deceased Joist Venturer Within ore hundred and oishty (1t0) days attar said elsetien. laid note shall provide for two (3) equal annual payments as its anniversary date end will bear interest at eiX pereest (6X). UPo10 Pafineet of the Webs" prigs, the estate of the docs"6d Joist Venturers his baits or dovieses eball have an further Interest in the Joint Venturt or is its bwlsass or assets, and shall axesuts end deliver as" doodes conveyasanm and ether i"trursis as may be reesesebly necessary to evidasce and ender fully effective the transfer of the Income of the deceased Joist Venturer to the Joist vesture and its busiaeas and aasmto. The Interest of the 6tcassed Joint Venturer shall be allocated to Snob of the eurriviss Joist Venturers in properties to their owmorshlp Interest is the Joist Venture Without siviy coseideratiom to the lmtorat botsg aaquirsd. If the option is set as asdraloed, then such interest shell be bold with all cigkts and privilogen se the other Vesturara. AtTICLI I DVAULT BY JOINT VINTUM 10.1 events of Default. The following events alkali be deemed to be evesto of default by a Joint Venturaei (a) failure to sake any contribution and the costlmumee of each failure for a ported of vas days attar Writtes notice thereof from the other Venturer. (b) Violatino of any of the other provisions of this Agreement and failure to rowdy or cure such violation vichis tom days tea Written "ties from the :oint vesture Houser of such violattomI r J s (c) The making of an assignment for the banafxt of creditors or the filing of a petition under say section or chapter of the National Bankruptcy Act, or under any similar law or statute of the United States or any state thereat, or any samsdment to say of such sets or ststutael (d) Adjudication of a Jolat Venturer as a bankrupt or insolvent in proceedings filed against him under any section or chapter of the Natiomal Bankruptcy Act or any other similar laws of the Unicsd States or any state; (a) The appointment of a receiver for all or substantially all of the assets of a Venturer and the failure to have such receiver discharged within thirty (30) days after appointment; (f) A Joint Venturer shall suffer an attachrent, sequestration, garnishmaat or charging order to be levied against his share in tit joint Vesture or say portion thereof, and the sacs is not dissolved within thirty (30) daysl (g) A Venturer shall suffer any purported transfer or encumbrances by operation of law of his share in the Joint Ventura except as permitted in Paragraph 9 or otherwise permitted by this Agreement. 10.2 Effect of Default. Upon the occurrence of an event of default as described above, the share of tae defaulting Joint Venturer in the Joint Ventura and in the Venture Property and ascots shall thereupon, at the option of the non-defaulting Venturers be purchased by the remaining Joint Venturers for an amount equal to the amount of cash previously contributed to the Venture by the Defaulting Venturer. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 Notices. Except as may be otherwise Specifically provided in this Agreement, all notices required or permitted hereunder shall bs in writing and shall be deemed to be delivered whey deposited in the United States sail, postage prepaid, certified rail, return receipt requested, addressed to parties at the respective addresses as stated in the signature lines of this Agreement. 11.2 Thlu Agreement contains the entire understanding between the parties and supersedes any prior understandings or written or oral agreements between then respecting the subject matter, 11,3 The provisions of this Agreement shall be severable, and if any provision shall be held unenforceable by judicial decislon, it shall have no effect on the legal validity on any other provision hereunder. The Venturers shall have equal rights of oceupaney,use and enjoyment of the Venture property. EXECUTED as of the 14th day of May, 1965. A. BEN JR., TRUSTEE Route 3 Box 135 Daston, taxes 16201 20 IM LL 721VNW 16th Grand Prairie, Texas 75050 iFT $:*'-c+~+~T# ✓~~+•.'°~~.r.~.n.~rr'^4~r+r.~ t` .,'~A C.y r.-c'-!Rs r x~rg 2a~^: es~ :.h ' - +~►~w.w~.r .may OWWW r cmftw 0164 "176 ail *At cortsln treat or prod of lmd aitrmte0 I. V. M. WW91. cMw me Me. 1~I ft"Ift d Inky pa« of a ftU" 7616 auto Least daearilnM /a a 4W M 1 "of Mwim ar reeoddi b *Ohm 6470, rw,~ atoudr at nab' ;S Wft Ilsiq des. pwtlplmly Omma W as m0"ianfq st m ben osenyr at tta NKVaoart oorpe of mw 07.706 sense meat. OW `fr monk=" curare Of a tee dsrsclbal to *Mum 11 0 Nile n2• M*Am r Mutt " dgpee 01 simMm 72 mstr0e lot wilt a bmox mal wltt thf aep itm of rid (7.7415 sam treat a diaesroe oR 1.2949 Dot b a 06W pin at tiw Mtttlaset aosnnr of a treat desa um d in a deal to City of Damao i renew In vouse 119, ftp N7, Old moaodal Moot said G~of 45 Qaadtont ea14 t as distanoa of 1046.71 Dane to 4 ooannw in a Flbllo pad also IW4M an a Huth lice of acid 97.705 anp tree $ 1 UMM Math 46 dsp or 10 sinutea 27 same s Met with sold rod boil with saki Meath line a 41aaroo at 19W.17 test to a o0rnar at a Mutlwc aornrr If of mid Mm are tseoti I 1c- Muth 04 ftrsaa 04 struteo s2 sooa,ds scat with a lance b distance of 6M.39 bet to a femme ooemul S AWM Meth K dgpes Cl simuyo 30 eeoando NO with a Team a lift acs of 76.70 het to a femur ammurl 'i! wm Muth 04 deyreae 47 jammae o2 ee xaft fta with a fanoo a distum of 421.5 loot to the iblat of aMUALm0 ooatelpirg in ati 19.560 mope of laid. f ORIGINAL i i i no 4WNft 1 ~ g N : M IG•IGAG i • OIL- M wevrw PNt~R M CITY OF KWTON rn , ;n "a .?us+r s ""'P" ..a a-6 Ft. r. EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD December 18, 1985 4. CONSIDER AN ORDINANCE TO ACCEPT BID 09541, TRADE OR a ox as acrosle Nelson explained the desirability of this transaction to the Board. There is no exchange of funds. Nelson assured the Board that appraisals of the property were made before recommending this ordinance. Coomes motion, Frady second, to recommend that City Council accept the ordinance. All ayes, no nays, motion carried unanimously. ''fyv-'3.`T•aF y 77 - f .rg+.:'--:: s'~,`.es;t' ;;?n'•'.sS"'TM"-rn+::-';r'ys}3r'e®rrr v February 18, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBECT: Consider Contract Between City of Denton and Lake Cities Municipal Utility Authority for the Interim Sale of Wholesale Treated Water. RECOMMENDATION The Public Utilities Board, at their meeting of 1/29/86 recommended to the City Council approval of subject contract. SUMMARY/BACKGROUND Lake Cities Municipal Utility Authority (LCMUA) has requested to purchase 500,000 gallons per day of treated water from Denton on an interim basis until such time as they can purchase a 1 MGD part of Denton,s new water treatment plant. The proposed contract with LCMUA is attached hereto and is very similar to the contract with the City of Corinth, with the exception that calculations for the rate base for LCMUA will be the capital cost of the new 6 MG addition to Dentonts existing plant vs the average embedded cost. The contract is for a period of ten (10) years. All water sold to LCMUA will be that purchased from the City of Dallas. LCMUA wil. install a 16" lino from 1-35W to Shady Shores Road with a ground storage and booster pump and metering system that will be constructed on Swisher Road. The ground storage and booster pump system will remain the property of LCMUA and the 161, water line and metering system will be dedicated to the City of Denton. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton Muni0,pal Utilities, City Council, Lake Cities Municipal Utility Authority, Legal Department, citizens. 4137U:9 v.;, v. '.z 'l ~ r$+y W„ , h'lp'. q•• x -t.iY} scT4r -t -is ur, x r.. .tr.h, .a _ ?:t 3,^ 4 i., FISCAL IMPACT / Prepared by: Resmactfully,, _~4 ~ R. E. Nelson ve Director of Utilities A g y manager App d y: .dom.,.-.1 Nelson Director of Utilities EXHIBIT I Proposed contract II Minutes PUB Mtg 1/29/86 III Ordinance IV Draft Rate Ordinance 4137U:10 „ ~y}Ze r, a d'*l4` i,~, ~ * ''$^f `4•~'~.Sga ,iy7gySkym7 t.= 7 e -!k:-.. R `±c+~,'st a{'S` rr.x.aYS3.. M:y. c.F~..M.'E SY,F{xR I NO. { AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE INTERIM SALE I OF WHOLESALE TREATED WATER BETWEEN THE CITY OF DENTON AND LAKE CITIES MUNICIPAL UTILITY AUTHORITY; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Counc£1 of the City of Denton, Texas, auth- orizes entry into a contract between the City of Denton and Lake Cities Municipal Utility Authority providing for the interim sale of wholesale treated water. SECTION It. That the City Council authorizes the Mayor to enter into the contract attached hereto and made a part hereof. SECTION III. i That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the , day of , (986. RICKMD 0. , 'MAYOR CITY OF DENTON, TEXAS ATTEST; CHARL40YEE ALLLh CITY SECRETARY CITY OF DENTON,jTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTURNEY CITY OF DENTON, TEXAS BY: ~ prq(R,r}' x ,;~r• 4 .Y°..-'~"^fw'"m4 6`Y" iJ~11 d; ~3, r 5 :x: rr ~[.rt:,: r..aa , 1310E THL STATE OF TEXAS 9 CONTRACT BE'fWEzw CITY OF DENTON AND LAKE CITIES NUAICIPAL UTILITY COUNTY OF DENTON § AUTHORITY FUR THE INTERIM SALE OF WHOLESALE TREATED WATER This Agreement made this day of , 19869 by and between the City of Denton, a Municipal Corporation organized under the laws of the State of Texas (hereinafter referred to as "DENTOR"), and the Lake Cities Municipal Utility Authority, a Municipal Utility Authority organized under the general laws of the State of Texas (hereinafter referred to as "LCMUA"); WITNESSETH: WHEREAS, LCMUA desires to purchase wholesale, treated, potable water from DENTON; and WHEREAS, LCMUA desires the option to purchase future water capacity from DENTON; and WHEREAS, DENTON desires to make provisions to supply, treat and deliver wholesale, treated, potable water to LCMUA until such time as a jointly owned water treatment facility becomes operational; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained the parties agree as follows: 1.0 Conditions for Interim Water Sales 1.1 DENTON agrees, as a condition of LCMUA purchasing a mini- mum of one million gallons per day of treatment plant capacity as set forth in Section 11.0, to sell and deliver wholesale, ..r ,~-Y kt 'R icr-•z:_"S C 711 u~S-.R `vres Py;€1°.yrrrt °,r'Dm+ treated, potable water to LCMUA from DENTON'S existing water treatment plant on an interim basis until such time as water is available from the new water treatment plant, subject to the terms and conditions stated herein. LCMUA shall have the option to participate in future expansion of such water treatment plant. Should LCMUA fail to enter into a contract with DENTON to jointly own or participate in the ownership or operation of a future water plant, this contract may be terminated by DENTON, upon DENTON'S giving LCMUA one years written notice of such intent to terminate. 1.2 LCMUA agrees to purchase wholesale, treated, potable water from DENTON subject to the terms and cotiditions stated herein. 1.3 DENTON agrees to provide sufficient water to meet the rate of flow and volume requirements of LCMUA under the terms and conditions and subject to the limitations stated herein. 1.4 All treated, potable water that LCMUA receives from DENTON under this agreement will be untreated water that DENTON purchases from the City of Dallas and treats at DENTON'S water treatment plant(s). Delivery of water to meet the volume and demand requirementP of LCMUA under this agreement is expressly subject to and limited by the available supply of water from Dallas, and the Ability of DENTON to treat and deliver water, as determined by DENTTON., DENTON shall exercise due diligence to assure that the supply, treatment and deiiverability of water is PA;t 2 ,d'.. x;r .fir.. r~ -;},~,?.^i N nirr. T'{,e sr •x:-~`ega m-,,y i.,r rr ".~jgRn µ.+T RFt> j''~. maintained to meet LCMUA's water requirements as set forth herein. Should DENTON need to curtail the supply of water to its other customers, because of drought, system or delivery failure or malfunction, contamination, acts of God, civil disturbances, war or other causes beyond its control, DENTON may curtail the supply -;f water to LCMUA without being in default of this agreement. 1.5 It is expressly understood that water delivered to LCMUA pursuant to this agreement is contingent on water DENTON purchases or receives from the City of Dallas and this agreement does not obligate DENTON to utilize any of its water rights granted to DENTON by any regulatory agency in the furnishing of water to LCMUA. 2.0 Volume and Demand Determined for Each Water Year 2.1 DENTON and LCMUA agree that the delivery of water to LCMUA by DENTON shall be based upon the volume and demand established for each water year as set forth herein. 2.2 Not less than one hundred and twenty (120) days before the beginning date of the first and each successive water year (June 1), LCMUA shall give notice to DENTON, in writing, of LCMUA's requcsted volume and demand for the first water year, and the projected volume and demand for each successive water year during the term of this agreement$ The format of the notice shall be in accordance with Exhibit "A", attached hereto and incorporated herein by reference. Each successive year's PAGE 3 a- ri, 'fT~~SYfR^a 's $rL FST ITR F.S Y-.^Y:f ..V Y ~i %Y 'S ~1 notice shall be dated, signed by representatives of both parties, and shall be attached hereto as an exhibit to this agreement and incorporated herein by reference. DENTON may, in its sole discretion, waive the one hundred and twenty (120) day notice requirement at the request of "LCMUA. Such request and waiver shall only be effective if done in writing. 2.3 Volumes requested by LCMUA in each notice for any one water year, shall not be less than the volume requested in any prior water year, except where LCMUA gives notice of its intent to reduce or cease taking water in accordance with Section 10.0. 3.0 Definitions 3.1 "demand," as used herein, means the maximum daily rate of flow of water, in gallons, that would, if maintained consistently through a period of twenty-four (24) hours, provide the maximum quantity of water required by LCMUA in any one day of a water year. 3.2 "Volume," as used herein, means the quantity of water, in gallons, that LCMUA requests DENTON to supply in a water year. 3.3 "Water Year," as used herein, shall mean the period of time from June 1 to May 31 of the succeeding year, for which the annual water requirements of LCMUA shall be determined and established. 3.4 "Plant Manager" shall mean the person, firm or corporation designated for the planning, design, construction, operation and maintenance of the new water treatment plant. PAGE 4 469 N ss 7.4F'r' v 77T °4a*vr. ~..1.y c _ F rye *.e s" i9 xr V, =.r.-v m+- V , Ill- { TIT 3.5 "Plant" means the proposed water treatment plant that the City of DENTON will construct to provide water from Lake Ray Roberts. 3.6 "Owner's Committee" shall mean the committee composed of two (2) representatives of the parties involved in purchasing Plant capacity. 4.0 Water hates Char es and Payments 4.1 The cost .of water sold to LCMUA under this interim agreement will be based on the cost of providing potable water from the six (6) million gallons per day (MGD) expansion of the existing DENTON Water Treatment Plant. 4.2 The water rates to be paid by LCMUA to DENTON in performance of this agreement shall be in an amount as established by ordinance of the City Council of DENTON, and as from time to time amended. The initial schedule of rates and revised rates shall be attached hereto as Exhibit "H" and incorporated herein by reference and each successive schedule shall also be attached as an exhibit to this agreement and incorporated herein by reference. DENTON shall give LCMUA ninety (90) days notice of its intent to revise existing rates for any water year. Revised rates shall become effective forty-five (45) days after passage of the ordinance establishing the revised rates. 4.3 LCMUA agrees to purchase or pay during any one water year, the greater oft (1) the vol~me of water requested for that PAGE 5 I current water year, as shown on Exhibit "A" but not less than five hundred thousand (500,000) gallons per day (GPD); (2) the volume of water requested in any prior water year; or (3) the volume of water actually used in any prior water year. If LCMUA does not require or receive all volume requested for a current water year as shown on the exhibit described in Exhibit "A," where DENTON was willing and able to deliver such requested volume, LCMUA shall pay DENTON for such volume of water requested, but not received, at the "readiness to serve" rate set forth in Exhibit "B," or, at such time Exhibit "B" is amended in accordance with such amended exhibit which shall be the amount charged to DENTON by Dallas for volumes DENTON requested from Dallas on LCMUA's behalf. LCMUA shall not be obligated, in any current water year, to pay for that wager volume requested but not received, if such failure to receive such volume was due to DENTON'S inability to deliver such water. 4.4 Water rates shall exclude, for the term of this contract, any return on the investment resulting from the capital cost of the 16" water line, meter, meter vault, rate of flow controller, and other associated appurtenances which LCMUA is required to furnish and dedicate to DUTON as a requirement to receive water from DENTON. 4.5 LCMUA, for any water year, may request an increased or decreased demand from any prior water year, but the demand charge for any current water year, shall be based upon the PAGE 6 1 greater of: (1) the demand for the current water year, but not 494 than five hundred thousand (500,000) gallons per day (GPD); or. (2) the highest, demand for any of the prior five water years during the term of this agreement. 4.6 If DENTON fails to make available the requested demand during LCKA 's peak usage period for seven (7) or more consecutive isys, the demand charge for such days shall be calculated by using the maximum rate of delivery for such days, times the current annual demand charge, divided by 365, times the number of days of reduced flow. 4.7 If DENTON fails to make available the requested demand for any current water year d►•ring the period of time from May 1 to October 31 for thirty (30) or more consecutive days, the adjusted annual demand charge for that water year shall be calculated by using the maximum rate of delivery for such days divided by the requested demand, times the current annual demand charge. 4.8 DENTCN shall mail or deliver monthly bills for water charges incurred by LCMUA under this agreement b;+ the tenth (10th) day of each month. Bills shall be due and payable upon receipt by LCMUA and shall be considered delinquent if not paid by the twenty-fifth (25th) clay of the month, mailed or delivered. DENTON shall charger and LCMUA agrees to pay, an additional five percent (5%) of the total morrhly bill, or five PAGE 7 T.tF' „':rz t-;. f ' .::c4F, ' - a i z. w • ^;""'M .cr ""'rar['Mi r _ ;i'!! `°"Sgf" !`.S' 4 xz'ssP r+r ?h F'3 hundred dollars ($500.00), whichever is leas, for all monthly bills not paid by the twenty-fifth (25th) day of the month. 4.9 For all delinquent monthly water charges billed which remain unpaid after the last day of the month, DENTON shall charge, and LCMUA agrees to pay, in addition to the amount provided for in Section 4.8, interest on such unpaid balance equal to the auction average rate 4wit:ed on a bank discount " basis for a 26-week treasury bill issued by the United States government, as published by thta Federal Reserve, for the week prior to the date such bill or bills are delinquent, or ten percent, whichever is less. 4.10 It is agreed that the parties, in providing for penalties or interest on delinquent amounts owed, as set forth in Sections 4.6 and 4.9, intend to contract for a rate of interest that is not in excess of the rate allowed by law. Should, for any period of time to which Sections 4.9 or 4.10 apply, it be determined that such interest is in excess of that allowed by law, the parties agree that such rate of interest shall not apply, but be reduced to the maximum raate allowed by law. 5.0 Delivery Locations, Metering and Conditions 5.1 DENTON agrees .o deliver the water contracted for herein at delivery point(s) as shown in Exhibit "C," attached hereto and incorporated herein by reference, and at any other such points as maybe mutually agreed upon by both parties. The cost PAGE 8 INVY'M a ~;{i" x .i e • t± i t .3:' a- r 4 i -4t of acquiring, designing, installing and constructing all water delivery and monitoring equipment or facilities - necessary to fulfill this agreement, including, but not limited to, water lines to metering points, meters, meter vaults and associated valves, shall be borne by LCMUA; provided, however, that DENTON shall furnish and install all necessary meters, the costs of which shall be paid by LCMUA. All plans for needed water delivery or monitoring facilities shall conform to DENTON'S requirements and be submitted to DENTON for its written approval prior to installation. LCMUA shall enter into a pro rata agreement with DENTON and be reimbursed, on a per linear foot baiiis, for any connections by any customer of DENTON to any writer lines within DENTON or its extraterritorial jurisdiction, the cost of which has been paid for by LCMUA and conveyed to DENTON. 5.2 A11 water furnished shall be measured by meters installed at the point(s) of delivery. DENTON agrees to maintain said meters and to cause such repairs and adjustments as may, from time-to-time be necessary, to be promptly made. Such repairs shall be made at no expense to LCMUA, unless it can be shown that the necessity for such repairs was brought about by an improper act or the neglect of LCMUA. DENTON agrees to test the aster(s) annually. Upon the request of LCMUA, DENTON shall test the meter(s) more frequently than annually, but such additional test(s) shall be at LCHUA's expense, unless an error PAGE 9 in metering is found to be in favor of LCMUA. If a meter is found to be in error by more or less than two (2%) percent, adjustments shall be made accordingly. In the event a meter is discovered to be malfunctioning, the amount of water that has passed through the meter will be estimated for each day the meter was not functi.,ning correctly by taking an average of the two preceding readings of such meter(s), exclusive of readings during the time of any malfunction of the meter. 5.3 LCMUA agrees that after final inspection and written acceptance of deliver; facilities by DENTON, LCMUA will convoy title of those facilities and rights of way in conjunction therewith to DENTON, Upon conveyance of title to delivery facilities by appropriate instrument(s), DENTON shr.ll be responsible for operation and maintenance thereof. 5.4 LCMUA agrees to provide ingress anti egress for DENTON employees and agents to all premises inside LCMUA's boundaries to install, operate, inspect, test, and read meters and maintain facilities owned and maintained by DENTON within the city limits of LCMUA. 3.5 DENTON agrees to provide ingress and egress for LCMUA's employees and agents to all premises inside DENTON'3 boundaries to install, operate, inspect, test, and maintain facilities, and read meters owned or maintained by LCMUA within the city limits of DENTON, PAGE 10 ~ ~°~'~rrfg~ fa ~'S R _ 3 a -gi :yC,Y ; $'E~'a ar - ~s..,r' .-•r, rkr,'~rljq .k~.x 5.6 A rate-of-flow controller shall be installed at each point of delivery of water from DENTON to LCMUA. Such rate-of-flow controller shall be paid for by LCMUA, but all future maintenance or replacement costs shall be the responsibility of DENTON. 5.7 LCMUA shall provide sufficient ground or overhead storage and pumping facilities in accordance with the standards and requirements of the State of Texas or its regulatory agencies, so that LCMUA can meet the water requirements of its customers without drawing upon DENTON'S water system at a greater demand in any water year than set forth in the current Exhibit "A" reflecting water demand. 5.8 LCMUA shall receive water from DENTON, either through an open discharge into a ground storage tank, or into a supply line into the ground storage tank. Appropriate backflow preventor check valves shall be placed by LCMUA in the delivery line to assure that no flow of water from LCMUA's system can return to DENTON'S system. 5.9 LCMUA shall abide by the service conditions for treated water customers adopted by Dallas, endorsed by DENTON, as listed in Exhibit "D," attached hereto and incorporated herein by reference. 6.0 Sewage Treatment and Return flow 6.1 Delivery of water by DENTON to LCMUA, at the requested volume and demand for any current water year, assumes adequate PAGE 11 i PTA M"N +.sy .'ter r a c~ _ s„. =-%TdY n f _ sewage collection facilities to accommodate the volume and demand taken by LCMUA. LCMUA agrees that, if its sewage collection facilities prove to be inadequate, DENTON may decrease the volume or demand of water supplied to a level that may be accommodated by LCMUA's sewage collection system. 6.2 LCMUA agrees that water purchased by LCMTJA is for use by LCMUA, except as allowed under Section 7.0 herein. This contract conveys no rights to the return wastewater flows resulting from the use of water purchased hereunder. In the event LCMUA develops or secures wastewater treatment services other than from DENTON, LCMUA agrees that all wastewater treatment effluent discharges will be returned to the Elm Fork of the Trinity River above Lewisville Lake Dam. 7.0 Resale 7.1 The distribution of DENTON water by LCMUA shall be limited to the area within the limits of LCMUA's service area as shown on Exhibit E, except that LCMUA may be permitted to supply water to such specific customer or areas beyond its limits as from time-to-time may be approved in writing by DENTON, on written application from LCMUA. 8.0 Water System Standards and Supply 8.1 For the protection of the health of all consumers supplied with water from the water system of DENTON, LCMUA and DENTON agree to comply with State of Texas Department of )lealth standards and to guard carefully against all forme of FARE 12 0f I contamination to its water system, and that, if at any time contamination should occur, the water supply to the area or areas affected shall be immediately shut off or isolated and remain so until such conditions shall have been abated and the water declared again safe and fit for human consumption by the properly constituted governmental health agencies having jurisdiction thereof. 8.2 DENTON expressly reserves the right to discontinue temporarily, after notice to LCMUA, th3 supply of water to any of the pipes laid or to be laid by LCMUA whenever it is necessary to do so to insure proper operation of the DENTON water system, or for non-compliance with any provision of this agreement. No claims for damages for such discontinuance shall be made by LCMUA against DENTON. 8.3 It is understood and agre-id that LCMUA will not, under any circumstances, E_ mit water from any other source or supply to enter into its water system, or any part thereof, or to be mixed or mingled with water from the water system of DENTON, other than State approved potable water from existing or future water wells owned and operated by LCMUA, without prior written approval of the Director of Utilities of DENTON. 9.0 Transportation to Other Entities 9.1 The purpose of this section ib to recognize the benefits and encourage the cooperation of all water suppliers in the area to jointly share costs and benefits of major water supply i PAGE 13 facilities in the interest of providing reasonable cost of water to all citizens of the area. 9.2 DENTON encourages LCMUA to cooperate to the extent possible, to make available to other governmental entities any excess water transmission capacity in its water system, for use in transporting wholesale, treated, potable water from DENTON to such entity. The determination of whether excess capacity is available rests entirely with LCMUA. Such excess transmission capacity shall be considered temporary only and shall not commit LvMUA to any long-term obligation to provide such transmission capacity. 9.3 Entities utilizing such temporary excess transportation capacity shall be responsible fo: payment of such transportation service at a rate determined by applying the general guidelines included in Appendix "A" of Exhibit "D." 9.4 When water is transported from DENTON to such entity using mains of LCHUA, DENTON shall collect the agreed transportation charge and credit the account of LCMUA for such transportation services. 10.0 Reduction or Termination of Water Requirements 10.1 If, within the term of this agreement, LCKUA should wish to construct and operate its own water treatment plant facilities or purchases treated water from another source, L'CMUA shall give DENTOV written notice of its intent to reduce or cease taking water at least five ears prior to such time it PAGZ 14 g4 I 'X. Li=t ~ axra+y'j'+l'.._a`~ hg,',"srY tips..• .•'s,=e+P+€ y.'..~n ,Rw~.a. ,.a- 4se ' e ~ y4 .r a:" ~n s.-s: ` ry c; will reduce or cease to take water from DENTON. The notice shall specify the date that LCMUA shall cease to take or receive water from DENTON, which shall be no sooner than the beginning of the fifth water year after the current water year in which such notice is given. If LCMUA intends to reduce the volume of water it is requited to take or request under this agreement, the notice shall specify the date or dates and water years when such reduction or reductions shall occur, which shall be no sooner than the beginning of the fifth water year after the current water year in which such notice is given, that LCMUA intends to reduce the water requested or receiveo and the amount of reduced volume and demand for each remaining water year during the term of this agreement. 10.2 LCMUA recognizes that DENTON has entered into a long term contract to purchase a water supply from Dallas, and has included in such purchase, a volume of water on behalf of LCMUA, in order to supply LG'MUA wit*t its water needs in accordance with this agreement. LCMUA also recognizes that DENTON, in order to supply LCMUA and its other water customers with the volume and demand required over the term of this agreement, must incur certain capital costs so as to maintain, improve and expand its water supply facilities. Should LCMUA give notice of its intent to reduce or cease taking water from DENTON under this agreement, DENTON may, but is not obligated to, waive or reduce at the beginning of the PAGE 15 ~i a r.. w r . W4. [k ..e-,w+- rRs*"^, +..g 'zr"4 ~'"`~="a `*-rRr r~^ -;?'T'8..,.ga a-,.•F_ i 7 ..71779 fifth water year after the notice in Section 10.1 is given, any or all of LCMUA's obligations to take, receive, request or pay for water in accordance with this agreement, after determining to what extent DENTON will be able to recoup all costs iu purchasing water and all capital costs incurred to insure delivery capability to fulfill this agreement by supplying and delivering such water to other customers. 10.3 If, in accordance with Section 10.2, DENTON determines that such requested discontinuance or reduction in water delivery would not in any water year allow DENTON to recoup all I cost and expense incurred in insuring the water supply required by this agreement by supplying other customers, DENTON shall give notice in writing, at least one year prior to such time such discontinuance or reduction of water delivery is to become effective, of the reduced volume, if any, DENTON shall allow LCMUA to take or request from DENTON for all successive water years during the remainder of this agreement. Such reduced volume allowed by DENTON shall be shown in the exhibit applicable for that year for requested demands attached hereto and incorporated by reference. DENTON may, but is not obligated to, allow further reductions in volume in any successive water years as alternative customers for such water are found. 10.4 If DENTON, upon the request of LCMUA, agrees in writing that LClIUA shall be allowed to cease taking water from DENTON for all or part of the regaining water years during the term of PAGE 16 "'.I'°i.: „ '.`r, <wr`,-vxa. F;c t+sr P n this agreement, this agreement shall terminate and neither parity shall have any further obligation to the other hereunder at the time such water deliveries cease. 11.0 Future Water Plant 11.1 LCMUA agrees to purchase one million gallons per day of water treatment plant capacity from the new DENTON Water Treatment Plant. 11.2 LCMUA agrees to participate in plant construction by entering into a Joint Ownership Agreement prior to plant construction and that such agreement shall supercede the terms of this contract. 11,3 DENTON agrees that LCMUA shall have title to the Plant as tenants in common and shall, as cotenants with an undivided interest, and subject to the terms of a Joint Ownership Agreement, own the plant and shall have the rights and obligations, including payment therefore, based on the purchased percentage share of thu plant capacity. 11.4 LCMUA agrees, in order to provide unified management of the Plant, DENTON shall be authorized and designated as Plant Manager. The Plant Manager shall be solely responsible for the design, construction, operation, and maintenance of the Plant. 11.5 LCMUA and DENTON agree as a means of securing effective cooperation, interchange of information, and consultation on a prompt aad orderly basis, to establish an Owner's Committee, PALL 17 ,tit t t:_•v- ~ _ ` = 1 11.6 LCMUA agrees that failure to participate in the funding of the plant construction releases DENTON from all obligations to furnish treated water to LCMUA. 12.0 Termination and Default 12.1 Should LCMUA fail, refuse or neglect to pay any bill for water within sixty (60) days of the date due or should it refuse, neglect, or fail to comply with or perform any of the conditions on its part required to be complied with or performed hereunder, and if after such failure DENTON shall deliver to LCMUA, addressed to the General Manager of LCMUA, a notice in writing of its intent to terminate the supply of water on account of such failure, refusal or neglect, then DENTON shall have the right to terminate the water supply at the expiration of ten (10) days after the giving of such notice and to terminate this agreement, unless within such ten (10) days LCMUA shall make good such failure, refusal or neglect. The termination of water service or termination of this agreement, as provided herein, sYgal) not release LCr1UA from its obligation to make payments of any amounts due or to become due in accordance with the terms hereof. 13.0 Force Ma eure 13.1 If, because of flood, drought, fire, explosions, civil disturbance, war, water system failure or malfunction, acts of cod, or other causes beyond tha control of either party, either party is not able to parfors any or all of its obligations udder PACK 19 this agreement, then the respective parties' obligations here- under shall be suspended during such period. 14.0 Liability and Claims 14.1 No claims shall. be made by either party hereto against the other and neither shall be liable to the other for any damages or loss of any kind resulting from i:he interruption, curtailment or reduction of the supply of water, or for the failure to receive or pay for requested water not received, which results from the causes listed in Sections 1.4, 6.1, 8.10 12.1, or 13.0 of this agreement. 14.2 I)ENTON agrees to hold harmless and defend LCMUA, its officers and employees, from any claim for injuries, damages or losses that arises from any act, omission or negligence of DENTON, its officers or employees, arising from the performance of this agreement. 14.3 LCMUA ry;;ees to hold harmless and defend DENTON, its officers and emp~.oyees, from any claims for injuries, damages or losses that arises from any act, omission or negligence of LCMUA, its officers or employees, arising from the performance of this agreement. 15.0 Applicable Laws and Regulations 15,1 This agreement is made and shall, be subject to the laws of the United States and the State of Texas an6 all applicable regulations or rules of any regulatory authority thereof havi.rg Jurisdiction of tie subject matter of this agreement. PAGE 19 15.2 Should this agreement, or any provision, thereof be, or found to be, in violation of any such applicable law or regulation, either party, upon reasonable notice to the other, may terminate this agreement, or, upon the mutual consent of each party, this agreement may be amended so as to be in compliance with suc;i law or regulation. 16.0 No Verbal Ag,eement 16.1 This contract contains all commitments and agreements of the parties hereto and no verbal or written commitments shall have any force or effect if not contained herein. 17.0 Bensfitira Parties 17.1 This agreement shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns. 18.0 Prior Agreements or Service 18.1 This agreement shall supersede and control over any prior agreements or understanding, whether written or verbal, concerning the supply of water by DENTON to LCMUA except as otherwise provided for herein. 19.0 Term 19.1 This agreement shall become effective for the first water year beginning June 1, 1986, and shall terminate on June 1992 or at such time as a jointly owned water ;._eatment plant is operational, unless earlier terminated under the provisions PAGE 20 contained here,.+.n; provided, however that in no event shall this agreement be in effect in excess of ten (10) years. 20.0 Notices. Any notice required under this contract shall be in writing and sent by certified mail, return receipt requested, postage prepaid and addressed as follows: NOTICE TO DENTON: NOTICE TO LCMUA: Director of Utilities Utilities Administration 215 East McKinney Street Denton, Texas 76201 21.0 Amendments. 21.1 This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements betw,ien the parties and relating to matters in thi6 Contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly-authorized officers in multiple originals as of the date and year first above written. CITY OF DENTON, TEXAS BY: RICHARD O. S EWAR ,MAYM PAGE 21 i ATTEST: CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM! DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: LAKE CITIES MUNICIPAL UTILITY AUTHORITY BY: Mtk,~lj WAGER ATTEST: TOWN CLERK; ERR CITIES MURICIPKE UTILITY AUTHORITY PAGE 22 EXHIBIT "A" REQUESTED VOLUMES & DEMANDS FOR WATER YEARS ANNUAL WATER AVERAGE DAILY DEMAND WATLR VOLUME REQUESTED USAGE REQUESTED YEAR (MG) (MGD) MGD 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 CITY OF DE;NTON ATTEST: CITY ^3 BY ECRETARY DATE: LAVE CITIES MUNICIPAL UTILITY ATTEST: AUThORITY TOWN SECRETARY BY: DATE: PAGE 23 PUB MIN 1/29/86 McGrane stated that the issue of job costing was an impor- tant one in the Finance area as well as the utilities area, and that investigation into that issue was currently under- way. As with other departments, additional staffing will be required to accomplish these tasks. With regard to cash management, outside investments are currently restricted; limited to agreements with local banks. Some of the areas where McGrane feels we need improvement are: o Communication process--Although this has improved very much over the last year and a half. There are still some ways to formalize the process. o Training--Bspecially in procedures.. o Productivity improvement--through additional au ,mation/ computerization. o Additional manpower--Moro is expected of existing personnel, without giving tools or staff. The Board thanked the staff for their presentations. 3. CONSIDER CONTRACT BETWEEN CITY OF DENTON AND LAKE CITIES ) MUNICIPAL UTILITY AUTHORITY 'OR T H13 INTERIM SAL OF ROLE- ) 5ALb Nelson explained that LCMUA wanted the option to purchase more than I,000,U00 gallons/day, and to buy additional } capacity at our next plant expansion. They also wanted us to exclude the 16" water line they are building from the ) rate base, in calculating their rate base. ) Martin explained that Lake Cities is in need of additional j water. Lake Cities is currently on ground water supply, ) and have been encouraged by the Texas Water Commission to ) secure a surface water supply for their future needs. As a result, instead of drilling additional wells, Lake Cities ) has requested to participate in the proposed water ) treatment plant north of Denton. They propone to purchase } a minimum of 1,000,UOO gallons/day and possibly more, and authorize Denton to treat and transport the water to Lake ) Cities. Lake Cities is currently interested in the ) purchase of 500,000 gallons/day during the interim period ? until the new water treatment plant is completed. In August 1985 the Board instructed staff to pursue the ) w':ter sales negotiations. The interim contract is similar 1 the Corinth contract with notable exceptions: COn r U097n:5 o The length of the contract is only 10 years, because-we felt that we could not adequately address, in this particular contract those things which need to be } addressed as a result of Lake Cities purchasing plant capacity, o A joint ownership agreement will be negotiated after the new plant is completed which will then take the place of this interim contract, o The Lake Cities water rate is based on the incremental cost of $6,00U,OU0 expansion to our existing plant. Martin referred the Board to Section 1, and Section 11, of j the contract. These sections summarize the content of the contract itself. Cryan explained the rate methodology of this contrsct to j the Hoard, Chairman Laney pointed out that our cost to draw additional j water from Dallas is passed on to Lake Cities, Boyd motion, Frady second, to approve the interim contract continggent upon the qualifier that the project is still j £easib2e, and upon the assurance of renegotiation at the completion of the proposed water plant, All ayes, no nays, motion carried unanimously, } 6, CON MRAD-E SIDER BID OPENING BID 09550 WA'T'ER TREATMENT PLANT ease U. Nelson explained that Freese 6 Nichols, Engineers, and staff recommend approval of the lowest bid, Boswell Co,, Bryan, Texas, in the amount $463,077. Ham explained that bids were opened January 14, 1986, and the results were as hollows: Boswell Co, $4630077 P &R Construction, Inc, $518,417 Ham explained the upgrade of the existing water treatment plant from 24 NGD to 30 MG1) Is an approved capital improve- ment project. It involves two phases: In Phase I, existing filters 1-8 will be replaced with dual filter media a 36" parallel filter water line will be installed; existing weir plates will be replaced with serpentine weirs; and other pertinent work will be accomplished. In addition, Phase I construction will keep one half of the plant operable and facilitate Phase 11 construction, Frady motion, Boyd second, to approve the proposed bid opening. All ayes, no nays, motion carried unanimously. U097n:6 J 7f """AWL / ' R E S 0 L U T 1 0 N WHEREAS, in spite of the dedication and best efforts of our law enforcement community, we find that the crime rate continues to rise and that our Texas businesses and law abiding citizens continue to needlessly suffer; and WHEREAS, the problems caused by crime and criminal acts being visited upon citizens of Denton and citizens throughout Texas is unacceptable and must be recttfiad; and WHEREAS, the citizenry requires that governments at all levels take whatever action and appropriate whatever sums are necessary to properly fulfill said above-referenced first function of government; and WHEREAS, the law enforcement community and the law abiding citizens of Texas require that more attention be focused on crime, solutions identified to address our crime problems, and actions implemented to solve said crime problems; and WHEREAS, cities throughout Texas ate presently working in a c_uperative endeavor to identify those solutions which may be implemented unilaterally by the cities and those which require state legislative action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTJN: SECTION I, That the City Council of the City of Denton hereby encourages the development of a strong well-rounded anti-crime package to be presented to the 70th Session of the Texas Legislature to crnvene in January, 1987. SECTION 11. That the City Council finds and determines that said anti-crime legislation is the singular most important issue affecting the lives, property and safety of the citizens of Texas which will be dealt with in said legislative session, t' SECTION III. The City Secretary is hereby directed to send a copy of this resolution to Governor Mark White, Lt. Governor Bill Hobby, Speaker of the House Gib Lewis, Criminal Justice Committee Chairman Kent Caperton, said Committee's Vice Chairman, Bob McFarland, said Committee's Members Senator Ray Farabse, Senator Bob Glasgow, Senator Ted Lyon, Senator H. Tati Santiesteban, Senator. Craig Washington and to State Representative Jim Horn and State Representative Ben Campbell. SECTION IV. That this resolution shall take effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1986. RLCHARD 0. SMART, MAYOR- CITY OF DENTON, TEXAS ATTEST: CH1+7tLOTTF:ALLEN, CITY~SECRtETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 CITY COUNCIL REPORT FORMAT DATE; 02/18/$6 TOt Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: DISCUSSION OF REQUEST OF OAKHILL JOINT VENTURE FOR ANNEXATION OF APPROXIMATELY $0.80U ACRES BEGINNING ADJACENT AND SOUTH OF F.M. 426 (E. MCKINNEY) APPROXIMATELY 1 1/2 MILE EAST OF MAYHILL ROAD FOR THE PURPOSE OF DETERMINING WHETHER TO BEGIN THE ANNEXATION PROCESS (A-35) RECOMMENDATION: SUMMARY: The owners are requesting annexation and a future mixed use planned development zoning request will follow if approval of annexation is granted. Development potential of this site does not seem to be very good at this time. With existing dwelling units included that would require basic earvices if occrtpied, annexation does not appear to in the best interest of the City of Denton unless the City Council still desires to annex a large amount of the ''ast Denton extraterritorial jurts(liction. pACKGROUNDt NA PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Additional property must be annexed involuntarily by extending a minimum 5001 finger down F.M. 426 to get to the site in question. Two dwelling units are located within the aroa of request. FISCAL IMPACTt Undetermined Re ectfly sub ittedt ehMv PrLeepare{d~ byi Acting City Manager NQ1 Li17 .C~~.t.!)111f~ David Ellison Senior Planner Appro d 4Jeff Mey Director of Planning and Davelopment 15538 CITY COUNCIL AGENDA HACK-UP SUMMARY SHEET MEETING DATE: February 18, 1986 SUBJECT: Discussion of request of Oakhill Joint Venture for annexation of approximately 80.800 acres beginning adjacent and south of F.M. 426 (E. McKinney) approximately 1 1/2 mile east of Mayhill Road for the purpose of determining whether to begin the annexation process (A-35) SUMMARY: Oakhill Joint Venture has requested annexation and has indicated that future mixed use planned development (PD) zoning will be sought. A preliminary conceptual plan shows cluster housing at 11 units per acre along E. McKinney, single family detached with proposed 6,000 square foot lots, and a school, park, open space area. The property is located approximately 1,500 feet west and south of the site of the proposed Lakeview development. The Southfork Mobile Home Park (formerly Champion Mobile Home Park) is located approximately 1,200 feet west and north of the subject site. A minimum 500' strip would have to be extended along E. McKinney to annex this tract. Additional property would have to be annexed involuntarily to get to this tract. If 2,500' finger is extended from the Miller of Texas tract west along E. McKinney to the subject site, approximately 39.21 acres would be included involuntarily. Approximately 31.49 acres would be annexed involuntarily if a 500' finger is extended east along E. McKinney from the mobile home park to the subject site. Extending a 500' finger from the mobile home park to the Miller of Texas property would involve 60.75 acres. Two residences or dwelling units are located within the area of request according to the petition for annexation. The population of the area is unknown. There are no businesses within the area of request. ATTACHMENTS: 1. Map 2. Conceptual land use plan David Ellison Senior Planner 15549 #Jim$ 4c v !S 1 Ait eJ Ac as 00 OS AC atuCKt/t I/ As E~i~~r A fr• M, 33.34 Ad ti 4- 40 Hi Ac A. c4. srS46 OMC 40 Ac / cc RO1l1Nf g ^ '1411 Ac P / rr. mAd i g MAR v / ~Q. ~p BrRO etN ~ S AV 0 046, 1 ~V_--- ,6•; q4R LWJ ':ti :'':'~:f}•'r'' 7011 As. /lAc. p 427Aa. fi . titi •Z. , -r 'Kx4.iutaS T 'E.~ + ` '4 --4;•'ti~' IR~A/ONT Ad. 4a a rr,: ; /~nJlVLdx/FTltr p Yq t ~ K.f, , ° Yai' as.,Ao. aA V/q X1,4 -uNr1 ; ':.r ; .a;.vti, MULkfY s•.•:•..'• I'Zi.Jr.1 Ad. Ac -0 x :XA ti ; : is '"t Z t e' d 1Aq 4 Ae. J. kfLlaOf N 267Ar. CA14JYN LTD. ANM ~ITARK n• ~1i'•':{T 0 f 1 • A f M• 777 Ad. IU.L 461. s w••rr 13!.16 Ac Q A: r'' fi: ' • 1 ~'r~f4; ` h arrY f;'fj J 21,74. w .'f" h U I 97, I Ad 64 Ais A. SCAL1Sr ` ~'Cr t~ V -52% a Y1 r Q5 14 rr;.. $U a, q C1Ty OR O~Afr6 r rrr.vr. fAc sft It CULLIVAN 74 Ste (b 1% lob Ac COC Noo W ti' slrgWARr 04 NP ca ASS 014 As. Q''~ ? Z ALLtN 111,4 A•. WI ~ ~ddK! 0 Ad.07As. /4AG ~f ~ Ua ASLS FN ~OWLIW VAAVf~'N J .N~MAS~~4^--•~/ f ~ f- J.*lAd. Jlo6Aa M N JQ/AC J#8 Ad. 144A4 FUTON • ~.a pyyR feJAe Ii Ae LC JD war As INCMI 772 4c DBN ~V, 14 As h VAL L B ,a e a . wrLa h ti M ~ ~ ~ y , cr~~cc 1JOOA'/,vs, crAL / . ~ ra c.oRr*~ M ^ /96 Ac C N /0 Ae~ /JAq ?O.1 Aq.a f• 6a /r d ~1~! N6M. 11 /BONN'' r w/ti. w 0 ~F Q ~h, WIN I ~ J0.6 fg~ 4 ~V ~i~ x0•`Af 01 . k b y st/B DAIC AS $4 Ad ~i~d1 MINK eM Y . r y, DAL6.ry ( ( N O 4 u if di r i. r 7JK 4 t SJ.0 Ai', rQ. 0 At ~"XiBX T ,r 5T ` im At V 4C UCACCA, II As 40 A4, 3136 Ae 48 74J At r4.r.b, C.i +i sssA. OMC v 40 At / CL Retoms -41 •t SJ Ac J N. Tl,7,r CO * ~ Q e r h 4p P~ M aoR ARY L r! li NU[CrS mg W1 ry IN 1 p700 Ac 4J17Aa. woos m) ire. !yL 15,1 /~~WIt271~71G Amp rr r •0.'.{:, RRO N J~.J f r1{;' CI Ty L{F4{ r.,~ LARD 9 RK M o;:;.;:: rr% : 1 rv rUr (/r~{ r L ry.,• 96,/ Ac, 04w0 AN •,:•~••r rdrr y~•y./~ roo Aa, MAC rif . ! a a At s fi f~}; Ae 16 At J. M.Soi a 9 i M. ~ci F 1fi. 30 As. ~ 'yrrrrf~; CAIIYN Lrro. ANN C, $rARK Olga of al 0u 777 Aa. 1114 AG. Try ! 131 Aa f r r•' f ^1 4s. Aa, 17PAa p errY ~ o Z h 14 97' At i1 Ao ^ U SC S•. h A. SCAL/SL' M :r...,. .72. T r/a 3 Na P ~~Q u S A.~ JAe ~1 ~ p ~ h t . b ?Ac c ` g M rp R049M 0- *UJ.LIVAN P Q &A a PEA Ac ~0NNN`IC i'v4. SraWAftr a~fico WS ~ 81.0 Ad. 111.4 Ac ' ✓ ~OdXJ \ . Z L!M am - L is/rO7M. Y ~JJ'J l~ to e, r foWJ.yo W VvIa ~g 2.1•!lAar 1lOiM,"ry ; M 30.1 At 14.Q.4, 2I*A. FucroN 14 16 A6 f0 COWdwordi /Rr dr AA00411 L•.. roo. A~/MV ! 77.2 4c. Ad, 140 As. h M i Ae, ` ro As. NrDJ7JlN 9 VAL L C y 4S r G/O,fGL 8000A'10VS, L'/`AL 10 C,4Gtt44 M /36 Ac re. e. 13Ae 70.1 y. L? Ic N 1 At. IRer catM• IReWN 4 wr~N JI./06 *q6~wv ® 1ssaAa. 'x y a 4 SuJ~ DMC 1S ss As cAMfp K J! s As. v~ t 41 ✓ B. k14 R>«J~J v h Y ADA'lSSQN Ya~Y ~ ~ N k M ~S 4c 3 AC it, 9 ~ W Tp. ~ r r !p/9 ii dLUCKrR Ae ~/lgl 'tIJ At i 33.36 4c u ®/T 40 W At 417 As. C. f Al ss a. DM C ~ e 40 A: 1 CL ROLCiNS v ^ At J1,14 T a ,f ?f Ac o ~~5 Q4 r MAR v c Q ~ BfRD ~/~l ~ fry;f N~LCfJ NBw14 • ~r}f. IIA.. p ~ aae r r:{;3 7014, 427Aa.LkaiS h ¢ 3S f ANKAWh-nG h ` ta, f BROWN r DJ a 6fid .::;.,.:f :r •r• CITY LIh41 ..ff r: T) ki Y0% A4 rA 964 At. M Y : r IzLJLs r 2.1 100 AC SHIAM# loU. 15 4 40 At o, 2A 14 •Q rr ••ii r!!Aa •ti i Ae. J. K94L6tOL' ly.~ o U aw.1Aa, .r Y'f: 1. CANVN LTb, ANN C. rAJtK r1;1 efai Sb f. Ol r 0 y r✓ 01 rwdL,r•' 777 At. rrr.l Ae. ✓ 4 /P 86 Ac r 4S.8Aa. r7OAe. 4.S.Anf Cl rY ?sJ A~ M Z h ~ v h 914 Ad 66 Ad. ~ . R A. SCAL/Sd 9 N r 10 41 a L,rry oR oLNro 3x.7 A'<. 3 V 3Ae 0 /A: K P~ A~ R0460T C. BULLIVAN P Q. A A 1!~ p6 144.6 At aO NNRoD w q, Srek•ARr Q' OJ ~~~ss o 01.1 Aa. 1I1.4 At. 44 Ok. 104e Ac lRri/N/A Cv1Vl0 \l, !l.o7M, n! 5USA /oAe.6r r„~ ewL ►erWNa ~ A S FAIl S J! O6 Ad u t4QAla, t41A• rilrov I ,~0 tJ.7?Aa. N J 30./Ae L.r. PoWLLL ✓o►'C6 71. J Ae r,ae rAAAI~ Ad dwar d. y~ ed. / Ae. Ail I( b S 'e a7 7.2 w4r- r As. S41 Aa. ti' r A.. WOVEN VALLBy 12sr F. ~ r e L. WSLL ti u d CfOACC NJP,Y/N$ orrAL Y L ~e. c So C,4RCI4 r ~``K ` i36 At NO .V Ie.sAtl. J,1 C 1 ^ a f Ac 6 0w I ~e Aa. N/M• w ~ai /fN ~ Jf.f w 4 k k .4 . SUB. pMC 91 l6Aa 41L~1 µ fR`JK v * .t h ` ? % ly y AOA/SSON M '1 •1 ~ ~ ~ f'1 DA" CLUIT~A~-'I''~ aw*~-++ al@-il ECHOOLoPARKI, COMM /PAM OPEN SPACE ~y PRELIMINARY ©EVEiLC3PMEN T CONCEPT OAKHILL JOINT VENTURE er RAMSEY ONVELOPMENT CORPORATION METROPLEX ENOINEERING CORPORATION IQ3 PORT WORM OF" 004r0n1 IVXAS 769M 17•~~•141• hAE??1iO 41~Q 1 PRTITION FOR ANNRXATIOk TO THR PLANNING AND ZONING COWIBBION AND CITY COUNCIL or THR CITY OF DRNTOk, TRXAS The undersign do es hereby petittion fornnexation of ,k,~= acres located ti ~ ~ in the extraterritorial jurisdiction ;4 A.4 7L l at 9.,.L of the City of Denton, Texas. The property is more particularly described in the attached survey description and shown on the attached slap. The undersigned also certl,fies that the following required information concerning the land and its inhabitants is reasonably accurate and assumes responsibility for completion of said information prior to scheduled action on the request by the City of Denton. 1. Is petition being initial by owner(s) or majority of registered voters in area of request? Yes No If no, what is the status of the applicant? 2. How many dwelling units are located within the area requested for annexation? ~Mn 3. How many businesses or nonresidential land uses are located within the area of the request? Please provide a general description of these land uses including the name(s) of businesses, if known Does area of request include any territory within the city limits or extra- territorial jurisdiction of another city? Yes No 5. Rstimated population of the area of request. .7 Adults Children r Number of registered voters? 6. At the time of this petition, have any other annexation procedures bJen initiated for all or any part or the area requested in this petition? Yes No If yes, please explain the proco&tres begun and their status. 9. Does a water supply district lie within the boundaries of the area proposed for annexation? Yes No X A. What zoning, it any, of or then agricultural~ (A) is being requested under 11 ~ separate petition? _rulLt,G- "A'g-e-l JJSAL 0-0 How each of territory proposes for annexation is included in zoning petition? _ Petition for Annexation Page Two 4. et it the pucp we of a xati n4~J„~~„~- 10. Planned land use (if zoning is being requested): Proposed Unit Category g Total Per Acre And/Or Praooyed Acreaxs square rootage a. Single family detached b. Single family attached (townnouses, _ cluster, eto.) o. Attached patio/garden/zero lot line d. Duplex e. multi--farlily C. Office a. Heighborhoid service h. General Retail i. Comscroial J. light industrial k. Heavy Industrial ` Proposed use(s) if splaifio use permit or planned development (PD) being requested. 11. Have petitioner(s) familiarized themselves with the official annexation policy, Land use policies, and the standard municipal service plan of the City of Denton? Yen e No 03K:,111 ~'o vd Vi•-r(U;(- Name of Owner(s) k,', vu~ L'ij, v Telephone {zj. 21; -L_z ti Signature(s) Date ,z-rl-ljs Address(es) tc 7 ESL-`/r- If petitioner in not the owner of the property: Status Petitioner Name(s) Telephone ? Signature(s) Date Address(es) " Field Notes and Location Map for area proposed for annexation must be submitted along with completed petition before process begins. ' i 0862) DATE: 02/18/86 CITY COUXCIL REPORT FORMAT 9 TOt Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: DISCUSSION OF REQUEST OF MILLER OF TEXAS, INC. FOR ANNEXATION OF APPROXIMATELY 60 ACRES BEOINNIIG SOUTH OF U.S. HWY 380 E AND ADJACENT AND WEST OF TRINITY ROAD FOR THE PURPOSE OF DETERMINING WHETHER TO BEGIN THE ANNEXATION PROCESS. (A-36) RECOMM UDATION: The Planning and Zoning Commission will make its recoamendation at a later date if the annexation process is initiated. IMMUt This property is located between the approved site of the proposed Lakeview development and Hwy 380 E. The property does not abut Hwy 360 at all points and involuntary annexation of out paroele is recommended it the City Council determines that the annexation process should be initiated. BACKGROUNDt NA PMUMS, DEPARTMENTS OR gRQUPS AFFECTED: There are no businesses or dwelling units located on the Miller of Texas 60 acre site. There are existing land uses on a portion of approximately 22 acres that should be considered for involuntary annexation. The front portion of the 380 E Flea Market is one of the parcels that may be affected. Approximately 1146.75 feet cf the west side of Trinity Road is included in the description of the area proposed for annexation as currently written.. FISCAL 2TACT: Undetermined speat ully s bmitted: ~R o v Prepared bjy~l (~:~I Acting City !tanager 0 ik4 ~kX" David Ellison Senior Planner Approv Jeff Meye Director of Planning aM Development 15556 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: February 18, 1986 SUBJECT: Discussion of request of Miller of Texas, Inc. for annexation of approximately 60 acres beginning south of U.B. Hwy 390 E and adjacent and west of Trinity Road for the purpose of determining whether to begin the annexation process. (A-36) SUNNARI!: This property is located between Hwy 380 and the proposed site of Lakeview 1. The conceptual land use plan for the property shows commercial/ general retail and multi-family use at 24 units per acre. If a decision is made to annex the area of request, inclusion of proximately 22 acres for annexation involuntarliy should be considered to tie in all property up to Hwy 380 E. Approximately 1146.75 feet of the west side of Trinity Road is included in the description of the area as currently written. There are no dwelling units, structures or businesses located on the 60 acres owned by Miller of Texas. ATTACHMENTS: 1. Map 2. Conceptual land use plan David Ellison Senior planner 1556g tipi 441 I 1 1. N,.. If 14 1. I i J•; , 4 ~ • • ~ . ,L , r ~ , f r 'L 11 1 4'.r1 t~ r•' ~ I., I. 1 . t L ' 4•~ i i r L ,r r •,x I 1 hWY 380 1 ' • ' .r----'~' `.-r'' ~ ..raver . %........y' , ~w►.. 41 Ai I Aft, as" I , 1 444 4 1 •Itb' - ~'•t' I I I' r. x.11 ~ ' ~ i' Ii i. _ nxj 1 f 1' i ~ It r ~ N 4 APPROVER ANNE Y17 8 uAn ' VOLUNTAKI AMEMON ,..Q.-.-.ter . ast~' Y pa. UNw ~ I ~ C/OR } mp-84 F C/ Rif R PRELIMINARY OEVEL.OPMENT: CONCEPT .mCkr MnTptopLmx CORPORATION ltAINO COPlPOAATION „sa PMI W01rrM 0mv! s» 0 OP* TWXM 7~ NOM PRTITION FOR ANNKXATION TO TH8 PLANNING AND ZONING COMIBBION AND CITY COUNCIL or THI CITY OE DUTON, TrXAS The undersigned does h reby pptit~n for annexation of 6:;iPQ~ acres located at ts3 j, 3a in the extraterritorial jurisdiction of the City of Denton, Texao:w The property is more particularly described in the attached survey description and shown on the attached asap. The undersigned also certifies that the following required information concerning the land and its inhabitants is reasonably accurate and assumes responsibility for completion of said information prior to soheduled action on the request by the city of Denton. 1. Is petition being initiated by owner(s) or maSority of registered voters in area of request? Yes _._.XNo If no, what is the status of the applicant? 2. Now rc,ny dwelling units are located within the area requested for annexat Lon? -)n P -0- 3. How many hu4inesses or nonresidential land uses are located within the area of the rawest? ~al Please provide a general description of these land uses t!moludtng the name(s) of businesses, if known 4. Does area of request include any territory within the city limits or extra- territorial jurisdiotion of another city? Yes No 5. Estimated populstion of the area of request. g' r Adults Children Number of registered voters? 6. At the time of this petition, have any other annexation prooedures been initiated for all or any part of the area requested in this petition? Yes No If yes, please explain the procedures begun and their status. 7. Does a water supply district lie within the boundaries of the area proposed for annexation? Yee No 8. What zoning, if any, 9.,t,her than rioultural (A), is being requested under separate yetition? Y,Q Is s, How much of t rritory proposed for annexation is included in zoning petition? U -A . `Ri Petition for Annexation Page Two 9. .fiat is the purpose of next on? ~ L,j 4L l CL 10. Planned land use (if zoning is being requested): Proposed Unit Category 6 Total Per Aare And/Or proposed Aarease Square EoatjAe a. Single family detached b. Single family attached (townhouses, cluster, eto.) a. Attached patio/garden/sera lot line d. Duplex e. Multi-family f. Office g. Neighbonccod service h. General Retail i. Comorcial J.. light industrial k. Heavy Industrial proposed use(s) if specific use permit or planned development (PD) being requested. 11. Have petitioner(s) familiarised themselves with the official annexation policy, land use policies, and the standard municipal service plan of the City of Denton? Yes No , Name if Owner(s) Telephone 6 7 Signature(s) Date - QW0 Address(es) Z01 AoL,~. ,.L g ? FeZ.L2~4 Z tt petitioner is not the owner of the property: Statue Petitioner Name(s) Telephone Signature(s) _ Date Address(es) Field Notes and Location Kap for area proposed for annexation must be submitted along with completed petition before process begins. 0862) V.' r, February 18, 1986 CITY COUNCIL AGENDA ITEM /D I TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBJECT Consider Request for Sanitary Sewer Service outside City Limits to R. 0. McDonnell. RECOMMENDATION The Public Utilities Board, at their meeting of 1/29/86, recommended to the Council approval for sanitary sewer service outside the city limits to R.O. McDonnell (Grandson's house), SUMMARY Grandson's house can be easily served from existing sanitary sewer main approximately 900 feet away. R.O. McDonnell owns all of the property in this area and will pay all costs involved in sanitary sewer line construction. BACKGROUND Harold Holigan constructed a 15' sanitary sewer main across R.O. McDonnell's property which includes McDonnell Hi lilands (see attached map). Mr. Holigan has waived pro ra a in exchange for an easement from R.O. McDonnell. FISCAL IMPACT 't'here would be no cost to the City of Denton upon approval to tie onto City dedicated 15" sanitary sewer main. R.O, McDonnel will pay all costs. 4137U:01 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton, Developers, Citizens of Denton. Respfully Submitted, Prepared by: /J /1 °HA C. David Ham 'Riff v Asst. Director of Utilities Acting City Manager Wtr/WW Divisions APP Y~ : Nelson Director of Utilities Attached I Location Map of Sewer line II Letter from Brian Burke Engineering III Minutes PUB Mtg 1/29/86 41390:02 I I' . v , i J i l M } ( L4 .77 -4-11 0 i..~.. ~ t~„ ~ ~ M r~,IM ~ \ r Ali ~ ~ L., 411 I I 1 i. 1 I d 31- r4+ f Of k 44, . UPI' 71* Y \ OA* i a ' I of //g t{ I as /N.d' k r, E 1,j N i M J~ \ W ~~1 Nr \ 1N " I i 1 ''M 0 ' t x NI - ^ I 1.?:.. I l l \ ~ k k ~ I %kx I rrAS'r /ie. i1 k i10. No, t ba / 44. Burke Engineering 417 s, locust #105 101enton, texas 76201 817-566-3714 LOAD civil engineers Brian Burke, p.e. December 2, 1985 Pablo rubio Mr. Dave Ham Assistant Director of Utilities City of Denton, Texas RE: Sanitary sewer service to one house East of McDonnell Highlands Dear Dave: Mr. McDonnell has intended to provide sanitary sewer fF.cilities to his ►*.Q.~~1~ t~eenis house east of McDonnell Highlands as shown %n the attached exhibit. It is our understanding that the Public Utility Board must approve this request, and we would like to know how soon this petition can be put on the PUB agenda. Upon PUB'S approval, we will prepare engineering drawings showing the proposed sewer line tying to the existing 12" liner. Dave, we appreciate your help in processing this permit, let us know if we can provide further information, Respectfully, Pablo ub ~jc~✓.a.T' ~ 7. CONSIDER CHANGE ORDER Olt BID 09550 WATER TREATMENT PLANT UPGRADE PHASE I. BOSWELL CO.), Nelson explained that this item is tied to item 06. The utilities staff recommends approval of the change order reducing the amount of the project by $168,743. Nelson explained that this is due to the variance of the engineer's estimate, $368,0000 and the high amount of the low bid $463,077. 1,he utilities staff desires to remove the large variance items of the construction (N2, #6, #7) from the contract and perform this work with in-house water plant personnel. A cost savings of about $60,000 above materials and labor will be realized. Coomes motion, Frady second, to approve the change order. All ayes, no nays, motion carried unanimously. PUB MINUTES 4. CONSIDER RERUEST FOR SANITARY SEWER SERVICE OUTSIDE CITY 1/29/8, LIMIT-5 BY K.U. MMIC= ) Nelson explained that staff recommends approval for j :aaitary sewer service outside the city limits to R.O. ) McDonnell (urandson's house). } Grandson's house can be easily served from existing ) sanitary sewer main approximately 900 feet away. R.O. ) McDonnell owns all of the property in this area and will ) pay all costs involved in sanitary sewer line construction. ) Harold Holigan constructed a 15' sanitary sewer main across ) RIO, McDonnell's property which includes McDonnell ) Highlands, Mr, Holigan has waived pro rata in exchange for ) an easement from R.O. McDonnell. ) Nelson explained there would be no cost to the City of ) Denton upon approval to tie onto the City dedicated 15" ) sanitary sewer main. R.O. McDonnel will pay all costs. ) ) Coomes motion, Frady second, to approve the request for } sanitary sewer service outside the City limits of Denton. ) All ayes, no nays, motion carried unanimously. ) ) 51 CONSIDER RERUEST FOR WATER AND SANITARY SEWER SERVICE OUTS-ID DENTON CITY LIMITS FOR DENTOR INDEPENDENT SC DISTRICT ON HICKORY L . Ham explained that the utilities staff recommends approval of Water and Sanitary sewer service outside the Denton City limits to a school site on Hickory Creek Road for the Denton Independent School System. This school site needs to be provided with water and sanitary sewer service prior to annexation in order for the engineering firm to continue design of school. OU97n:7 February 18, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Rick Svehla, Acting City Manager SUBJECT Consider Request for Water and Sanitary Sewer Service Outside Denton City limits for Denton Independent School District on Hickory Creek Road. RECOMMENDATION The Public Utilities Board, at their meeting of 1/29/86, rcommended approval of Water and Sanitary sewer service outside the Denton City limits to a school site on hickory Creek Road for the Denton Independent School System. SUMMARY This school site needs to be provided with water and sanitary sewer service prior to annexation in order for engineer firm to continue design of school. BACKGROUND Water service (1211) is available at Old John Knox Village (New Good Samaritan Site) approximately 4500' array. Sanitary sewer service (2711) is available from Hickory Creek Interceptor, approximately 4000' away. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Contractor, Developers, Denton Independent School District Denton Utilities Department. 4137U:03 FISCAL IMPACT A study will be required to determine if oversizing will be required for water and sa;i_tary sewer lines to serve other developments in this drainage basin. Any such oversizing and pro rata requests will be forthcoming at a later date, Res uliy Submitted, Prepared by: C. David Ham c ve 1a Asst. Director of Utilities Acting City Manager Water/wastewater Division APPROVED: ".77 Noi S o n Director of Utilities bXHIBIT I, School Site Map 11 Minutes PUB Mtg 1/29/86 4137U:4 l i J 1 I-J A1F i _ y, f r, s f y' ! 00 IL f.; goal 1 tr V;, r r.' ~ „ •r 'r. fit!: ,T y s r^♦ AP P ` ,i~4WJ , Fri. ~ - ` all A4 Itp- JF. ~ , y is • ` ` ,r "1~ 0.0 i l ~r 7. CONSIDER CHANGE ORDER 01 AID 09550, WATER TREATMENT PLANT UPGRADE PHASE It BOSWELL CO.). Nelson explained that this item is tied to item 06. The utilities staff recommends approval of the change order reducing the amount of the project by $168,743. Nelson explained that this is due to the variance of the engineer's estimate, $368,000, and the high amount of the low bid, $463,077. The utilities staff desires to remove the large variance items of the construction (02, 06, 07) from the contract and perform this work with in-house water plant personnel. A cost savings of about $60,010 above materials and labor will be realized. Coomes motion, Frady second, to approve the change order. All ayes, no nays, motion carried unanimously. 4. CONSIDER REiUEST FOR SANITARY SEWER SERVICE OUTSIDE CITY LIMITS BY R.O. MORN= Nelson explained that staff recommends approval for sanitary sewer service outside the city limits to R.O. McDonnell (Grandson's house). Grandson's house can be easily served from existing sanitary sewer main approximately 900 feet away. R.O. McDonnell owns all of the property in this area and will pay all costs involved in sanitary sewer line construction. Harold Holigan constructed a 15' sanitary sewer main across R.O. McDonnell's property which includes McDonnell Highlands. Mr. Holigan has waived pro rata in exchange for an easement from R.U. McDonnell. Nelson explained there would be no cost to the City of Denton upon approval to tie onto the City dedicated 15" sanitary sewer main. R.O. McDonnel will pay all costs. Coomos motion, Frady second, to approve the request for sanitary sewer service outside the City limits of Denton, All ayes, no nays, motion carried unanimously. PUB MIN 1/29/86 S. CONSIDER REQUEST FOR WATER AND SANITARY SEWER SERVICE } OU S DE ENTON CITY LI OR DE ON IN bP NDENT SC H60 HICKORY DISTRICT VN ) Ham explained that the utilities staff recommends approval ) of Water and Sanitary sewer service outside the Denton City ) limits to a school site on Hickory Creek Road for the ) Denton independent School System, This school site needs } to be provided with water and sanitary sewer service prior ) to annexation in order for the engineering firm to continue ) design of school. cont'd 0097n;7 Water service (1211) is available at 01,4 John Knox Village } (Now r Good Samaritan Site) approximately 4500' away, ) Creek Interceptor Se approximatelyi40001 away le from Hickory ) } Boyd motion, Coomes second, to approve the request for ) sanitary sewer service outside the enton City limits for ) the Denton Independent School District on Hickory Creek ) Road. All ayes, no nays, motion carried unanimously. ) 8. C BE I ONSIDER FINAL PAYMENT OVERSIZE WATER LINE WESTGATE GH §'--P"ffX B I DEN ON-TEDI INC. Ham explained that the utility staff recommends approval of the oversize amount of $5,831,80 to the developer, Denton- Tedi Inc. Nelson explained that the City Council had already approved this oversize agreement and the bid opening for an 8" to 12" water line, about 1097 LF from Westgate Drive on Payne Drive, The line has been installed, and the utility department has accepted the line for maintenance. This request is for the approval of the City's share of the oversize cost, $S,831.80, to the developer. The departments and individuals affected are Utilities, developers, Finance. Fiscal impact is as follows: Bid #9448 City's Share As approved by the City Council S931.80 (P.O. #68600) w ' Actual construction cost toward City's share $5,831.80 Final payment (this request) $5,&31.80 Source of Funds: Water Bonds Account Number: 623-008-0461-9138 Coomes motion, Frady second, to approve the final payment. All ayes, no nays, motion carried unanimously, 9. CONSIDER PROPOSED OVERSIZE AGRLEMENT WITH WOODCREEK ADDI- ENT~ ON AND HE CITY F ARGYLE FOR A NEW A NIT R S-EW$F Ham and Nelson explained that the utilities staff recommends approval of this oversize agreement due to sanitary sewer demands imposed by this and other proposed developments in the area and for sanitary sewer service to the City of Argyle in the near future, 0097n:8 I