HomeMy WebLinkAbout03-18-1986
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AGENDA
CI'T'Y OF DENTON CITY COUNCIL
March 1.8, 1986
Work Session of ti=e City of Uollton City Council oil Tuesday,
March itl, 198th, ul 5:30 p.w, ill the Civil Uef.enso ?Zoom of the
Municipal 13111161hµ tit wit ieh tho f o I I ow I. lip, items will be
considered:
5;3U p. m.
1, Discussion of possible allocation cif a 1% hotel/ motel
occupancy ta;% for the Noi tl+ Texas State Fair
Association exposition center.
2. Discussion of proposed planned development ordinance.
3. Discussion of the proposed 1086-u7 budget calendar.
4. Exectitive Session:
A. Legal ?Matters Under Sec. 2(eArt. 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(g), Art 6252-17 V.A.T.S.
1). hoard Appointments Under Sec, 2(g), Art
6252-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
March 18, 1980, at 7:00 p.m. in the Council Chambers of the
Hunicipal Building at which the fo11owing items will be
cons idereLl ;
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
iriplemeit L each ito nj in accordance with the Staff
recommendations.
Listed below is a bid to be approved for payment under the
Ordinance section of the agenda. Detailed back-up information
is attached to the ordinance (Agenda item 6,A.) This listing
is provided on the Consent Agenda to allow Council Members to
discuss any item prior to approval of the ordinance.
A. Bids:
1, laid # 9585 - Tires and tire repairs
City of Denton City Council Agenda
Mt,rch 18, 1yt36
Nape Two
11, Hiii s and Replats:
1. Approval of preliminary and I.Anal replats of
1 it) Fry Addition, Lot 2R, Block 3, and part
of tike Kwik Kar Addition. (Trip, Planning; and
Lonirig Commission recommends approval.)
2. Approval of preliminary plat of the Bethel
Temple Parsonage Addition, Lot 1, Block 1.
(The Planning and Zoning; Commission
recommends approval.)
3. Approval of preliminary plat of the Fred
Moore Addition, Lot 1, Block 1. (The
31anning and Zoning Commission recommends
approval.)
it. Approval of preliminary plat of fhe McKinney
Street Baptist Church Addition, Lot 1, Block.
1. (Tile Planning and Zoning; Conu~iission
recommends approval.)
C. Final Payments;
1. Consider approval of final payment on the
Stanley Thomas Drainage Project (11id No.
9454) to llar Constructors, Incorporated in
the amount of $60,926.84
D. Contracts:
1. Consiac, approval of a contract between the
City of Denton and the Texas Department of
Community Affairs for $100,000 for rental
housing rehabilitation.
'l'ax Refunds:
1. Consider approval of a tax refund to Stewart
Title of Denton County, Inc. in the amount
of $662.04.
2. Consider authorizing the Spring F1ing Committee to
hang banners advertising the 1986 Spring Fling over
various city streets.
3. Consider removing from the table the resolution
temporarily closing a portion of Fry Street for the
annual Spring Renaissance.
City of Denton City Council Agenda
March 18, 1986
Pagr. Three
4. Re cons ido rat ioil of approval of a resolution
temporarily closing it portion of 1,1'y Street between
Oak Str€,et and Hickory Street from 8:00 a.m. until
6:30 p.m. on April 19 1986 for the annual Spring
Ranai;Sit e.
5, Public lieurings:
A. Hold a public nearing to consider adoption of an
ordinance amending Appendix-B Zoning of the Code
of Ordinances of the City of Denton,Texas, to
allow art galleries and museur€s in residential
districts by specific use ;permit. (The Planning
and Zoning Commission recommends approval.)
1. Consider adoption of an ordinance amending
Appendix-B Zoning of the Code of Ordinances
of the City of Denton, Texas to allow art
galleries and museums in residential
districts by specific use permit; providing
for a penalty in the maximum amount of
$1,000,00 for violations thereof.
13. Hold a public hearing concerning the request of
Bel lair. liest Partners for annexation of
ni>proxxmately 103.2 acres beginning adjacent and
north of Jim Christal Road, south of U.S. Highway
380 west, approximately I mile east of }gan
Road and 3/4 mile west of Underwood 'toad
(A-34). (The Planning and Zoning Coin in ission
recommends approval.}
C. Bold a public hearing concerning the proposed
annexation of approximately 226.70 acres being
part of the J. Ayers Survey, Abstract 2; W.
Burleson Survey, Abstract 93; J. Burleson Survey,
Abstract 91; S.M. Williams Survey, Abstract 1282;
J. Carter Survey, Abstract 237; W Pogue Sat;-Vey,
Abstract 1013; and the F. Jaime Survey, Abstract
664, and beginning east of I-35 north and
continuing in an easterly rind northeasterly
direction generally along Rector Road to a point
approximately 2,500 feet west of FM 2164 (A-40).
D. Hold a public hearing to consider adoption of an
ordinance designating certain retail establish-
ments, public buildings, and food establishments
as nonsmoking areas; providing sign requirements;
providing winirnum standards for nonsmoking areas;
requiring written policies implementing this
article; and prohibiting smoking in designated
nonsrnoxing areas.
City of Denton City Council Agenda
14111'ch 189 1986
Page lour
1. Consider adoption of an ordinance
designating curtain retail establishments,
public boIIdIngs, and Iood es tab Iishlnents as
nonsmoking aI-(,as; providing sign require-
Inrnts; provIdIjig III inIin um standards for
nonsmoking areas; requiring written policies
implementing this art lc le; prohibiting
smoking in designated nonsmoking areas;
providing exemptions and pernaltios.
6. Ordinances:
A. Consider adopL Ion 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 {providing for
temporary no parking on both sides of North
Carroll Blvd, from 250 feet north of Fain Street
to Sherman Drive during the Spring Fling on April
19 and 20, 1986.
C. Consider adoption of an ordinance approving an
employment contract between the City of Menton
and Dr. Keith Krein for professional services
relating to the City Emergency Medical Technician
Program.
D. Consider adoption of an ordinance providing for
the number of persons authorized for each
classified position in the Police Department of
the City of Denton.
E. Consider adoption of an ordinance amending Table
1 of Article 4.03 of Appendix A, Denton
Subdivision Ordinance, relating to street
standards and policies. (The Planning and Zoning
Commission recommends approval,)
1'. Consider adoption of an ordinance and service
plan instituting annexation of approximately
125.25 acres beginning at Kings Road and proposed
Loop 288, south of Oak Bend Estates, and south of
Silverdome Road (A-33). (The Planning and
Zoning Commission recommends approval.)
G. Consider adoption of an ordinance approving a
change in zoning from the multi-family (hiF-1) and
general retail (GR) classification to the planned
development (PD) district to permit the
construction and development of a medical center
and hospital oil a tract located on the west side
of Bonnie brae Street a roximately 500 feet
north of West Oak Street. H-1747)
CttY of Denton City Council Agenda
March 18, 1986
Page live
H. Consider adoption ol: an ordinance approving a
change in zoning fI-0ni the agricultural (A)
clit ssil icit tion to tlic planned dove1opi,ient (PD)
district to perinlt light industrial land uses on
a 03.7 acre tract located at toe southeast corner
of 141 1515 (Airport It oad) and Underwood Road.
(Z-1751)
I. Consider adoption of an ordinance approving a
change in zoning from the agricultural (A)
district to the light industrial (LI)
classification on a 3.7 acre tract located on the
west side of Cooper Creek Road approximately 150
feet north of U.S, Highway 380. (Z-1757)
J. Consider adoption of an ordinance approving a
change in zoning from the two-gamily (2F)
district to the planned development, (PD)
classification to permit the development of an
office wilding on a 0.420 acre tract located at
the southeast corner of Carroll Boulevard and
Prairie Street. (Z-1770)
1:. Consider adoption of an ordinance approving a
caaage in zoning from the agricultural (A)
district to the planned development (PD)
classification to permit the development of 100
single family detached lots with a minimum lot
size of 7,000 syuar;; feet on a 22.7 acre tract
located appr-)ximately 1,000 feet avast of
Mockingbird Lane and approximately 1,000 feet
south of Aucra Lane. (Z-1775)
L. Consider adoption of an ordinance approving a
change in zoning from the agricultural (A)
classification to the planned development (PD)
district to permit office, hotel, bank, movie
theatre, gasoline service station, public or
private park or open space, larking lot or
garage, medical center or Hospital, convenience
store, retail shops, and shopping center land
uses on it 25.6 acre tract located on the south
side of U.S, highway 77 at its intersection with
proposed State Highway Loop 288, (Z-1780)
M. Consider adoption of an ordinance authorizing an
agreement between the City of Denton and Pulliam
Riggs Company for the purchase of insurance and
broker services.
City of Denton City Council Agenda
March 18, 1986
Page .ilx
7• R~solutTon;,:
A. Consider approval of ►t resolution adopting one
(l) porSol) lie I policy:
Overtime 100.04
B. Consider approval of a resolution adopting one
(1) personnel policy:
Longevity Pay 106.07
8. Consider approval to begin the annexation process for
Vacation Village Estates (A-25).
9. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
1). Board Appointments
10. Miscellaneous matters from the City Manager.
11. New Business:
This item provides it section for Council Members to
suggest items for future agendas.
12. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V. A.T. S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
U. Board Appointments tinder Sec. 2(gArt
6252-17 V.A.T.S.
C E R T I F I C A T E
I certify that the above notice of meetinb was posted on the
bulletin board at the City Ball of the City of Denton, Texas,
on the day of 1986 at o'clock
2092C
etry of Di ram, rrus MUNICIPAL BUILDING / 215 E. MCKINNEY ST. l DENTON, TEXAS 76201
M E M O R A N D U M
TO- City Council Members
FROMs Lloyd Harrell, City Manager
DATE: March 14, 1986
SUBJECT: Use of Hotel/Motel 'Pax Funds
City Council has received a request from the Fair Association to
consider the possibility of using the unlevied one percent of the
hotel/motel tax for an arena. Existing H. B. No. 1836 states that
these, funds may be Used for "the acquisition of sites for and the
construction, improvements, enlarging, equipping, repairing,
operation, and maintenance of convention center facilities
including, but not limited to, civic center convention buildings,
auditoriums, coliseums, civic theaters, museums, and parking areas
or facilities for the parking or storage of motor vehicles or other
conveyances located at or in the immediate vicinity of the
convention center facilities." We feel that under this guideline an
arena may well qualify for this type of funding, but the City
Attorney's office will need to clarify this issue prior to the
adoption of an ordinance. This determination depends a great deal
not on what the facility is named but its functional purpose.
At the same time the City has other needs that you may want to
consider as well. There is cutrently a n,-,ed to make improvements to
our Civic Center. These improvements include resurfacing and
redesign of the parking areas, a new sound system throughout the
building, meeting room and office renovation, acoustical
improvements, lighting improvements, kitchen renovation, restroom
improvements, and new equipment. These funds could also be used to
enlarge or expand the number of meeting rooms. These improvements
are estimated to cost approximately $400,000.
Another need is for additional funds for our economic development
program. Greater emphasis is being placed on expanding this program
which will of course need ongoing funding.
8171W8200 D/FW METRO 434.2520
Page, - 2
It Should be noted that there will be an additional one percent
which will come back to the City when the construction of the Arts
Complex is finished. This may be a year or two down the line but
could be used to assist with one or more of the aforementioned needs.
Right now we have the ability to raise the hotel/motel tax from six
percent to seven percent. This would generate an additional $50,000
per year according to information supplied by our Finance
Department. After Council approval and the establishment of an
effective date, it could take up to 90 days before new tax revenues
would be received.
Several options for consideration includes
1) Delay awarding the additional one percent now assigned for
construction of the Arts Complex until it becomes available
(approximately 24 months).
2) Increase the tax to seven percent and determine what area or
areas to fund from that new percent. it is possible to fund
numerous areas with that percent,
3) Increase the tax to seven percent and not only allocate that,
but also determine how the funds now assigned to the Arts
Complex will be used when they again become available. This
would make one percent available now and one percent later to
areas determined by Council.
Rich Svehla will be discussing the overall plan for the fairgrounds
area. "eLl
V loyd arre .
City Manager
jh
MEM00532
DATE: 3//~18i'kI6
CITY COUNCIL REPORT FORMAT
TO: Mayor and Mombers of the City Council
FROM: Lloyd Harroll, Gity Manager
SUBJEC'T': PROPOSIil) PLANNED UIiVLLOPML'NT ORDINANCE
RECOMMLNDA"i' ION :
The Planning and Zoning Commission will forward its
recommendation to the City Council after a public hearing
has been held,
SUMMARY:
The flexibility of a planned development district and the
ability to impose conditions to the land in the district
makF;s planned developments attractive to both the City and
petitioners. The attached memorandum explains differences
between the existing; and proposed ordinance,
BACKGROUND:
The Planning and Development and Legal Departments have
prepared the attached ordinance after reviewing ordinances
from other cities and discussing changes with departments
involved in the development process,
DEPARTMENTS OR GROUPS AFFECTED:
D,. artments involved with the development process and
indivi:luals requesting planned development zoning.
FISCAL IMPACT:
No impact on the general fund can be determined at this time.
Respectfully submitted:
~i
44ya I K..
City Ma ager---
Prepared by:
Urban Planner
Approv d-
Jef£~Meyer
Director of Planning
and Development
009Uk
CITY OF DENTON
MHMORANDUM
1)AT1i: March 120 1986
TO: Mayor and City Cournc I t
FROM: Cecile Carson, Urban Planner
StjBJECT: Planned Development Ordinance
Planned developments are intended to provide flexibility not
permitted under exisLing regulations and to encourage creative
planning to ensure the compatibility of land uses. The purpose
of a planned development is to allow for the development of land
in accordance with plans that vary from established regulations
in order to create a superior development. One or more of the
following purposes should be used when designing a planned
development:
1) To provide for a design of lots, recreation, open space,
greenbelts, parking and amenities of special benefit to
the property users or community;
2) To protect or preserve topographical features, such. as
trees, creeks, ponds, floodplains, slopes or hills; and/or
3) To protect ur preserve existing historical buildings,
structures, features or places.
Several of the differences between Lhe existing and proposed
ordinance are outlined on the attached page.
i
r ile Carson
CC:ab
Attachment
NX I ST I NG PI) ORDINANCE PROPOSED PI) ORDINANCE.
Limits size of some re(Iuests No limits on size.
One step process 'rwo step process
Comprehensive Site Plan Concept Plan and
Final Development Plan
Vagueness in requirements Specific information required
Separate plat and site plan Combined plat and site plan
approval approval.
No development schedule Development schedule indicating
required phases required
Numerous staff, Commission Information required on concept
and/or Council conditions plan
added
No provision to prohibit Department may request deferral
petitioner from submitting if iriformatioii is provided
additional information at after submiss.on to Commission
meeting and Council
Requires approval of Concept Plan - Planning and
Planning and Zoning Zoning Commission and City
Commission and City Council
Council Final Development Plan -
Planning and Zoning Commiss.:.
L319L
No
A
ft ORDINANCE AMENDING ARTICLE II OF APPENDIX B-ZONING OF THE
CODE OF OF THE ITY s S, TO P.ROVIDE
REGULATIONS IANDC PROCEDURES L FUR ,I HEDECREATION RAND DEVFLOPHENT FOF
PLANNED DEVELOPMENT ZONING DISTRICTS; PROVIDING FOR A MAXIMUM
PENALTY FOR ONE THOUSAND DOLLARS (;1,000.00) FOR VIOLATIONS
THEREOF; PROVIDING FOR A SEVERAHILITY CLAUSE; AND PROVIDING FjR
AN EFFECTIVE DATE.
THE' COU44CIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS;
SECTION I.
That Article 11 of Appendix B-Zoning of the Code of Ordi-
nances, City of Denton, Texas, is hereby amended to read as
follows;
ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS
A. Yr,ocedures For Applicationa and Submissions.
1. Application Fail and Plan Re wired. Any person
requesting the esta shment o a planned development
district, or the amendment of a previously epptoved
concept or final development plan for such district,
shall submit an application, the applicable fee, and
the required plan to the Department.
All applications for the establishment of a district
shall be accompanied by n final development plan,
unless the proposed district is to contain ten acres
or more, in which case a concept plan may initially be
submitted in lieu of the final development plan.
2. Plans for Proposed District.
(a) Concept Plan. The concept plan shall contain the
0 ow ng nformation;
(1) Ar~rea~e. The total acreage within the proposed
sdi tr pct and an accurate survey of the
boundaries of the district.
(2) Land Uses. Proposed and existing land uses
an t e amount of screega for each use. The
proposed land uses ahaal be specified In the
manner determined by the Department.
(3) Off-Site Information. Adjacent or surrounding
an uses, zon ng, streets, drainage
facilities and other existing or proposed
off-site improvements, as specified by the
Do a tmant, sufficient to demonstrate the
relationship and compatibility of the proposed
district to surrounding properties, uses and
facilities.
(4) Traffic and Transportation. The approximate
ocat on an size o a existing or proposed
streets, parking lots, loading areas or other
areas to be used by the public for vehicular
traffic within the district; the proposed
access, and connection to, existing or proposed
streets adjacent to the district; and the pro-
jected amount of traffic which will be generated
by the proposed uses within the district.
(S) Buildings. For proposed buildings, the following
In o rmat on shall be submitted:
(aa) approximate location;
(bb) maximum height;
(cc) minimum building setbacks;
(dd) if for nonresidential use, the maximum
total gross floor area (square feet);
(ee) if for residential use, the number of pro-
posed dwelling units per acre (density).
(6) Residential Subdivisions. For proposed resi-
dentiaT -s,aIvson, t e following information
shall be submitted:
(aa) number and location of lots;
(bb) minimum size, width and depth of lots;
(cc) minimum front, side and rear yard
setbacks.
(7) Water and Drainage. The approximate location
o a existing or proposed creeks, ponds,
lakes, floodplains or other water retention or
mayor drainage facilities and improvements,
(d) Utilities. The approximate location, and
route u all mayor sewer, water or electrical
lines and facilities necessary to serve the
district.
(9) Tress. The approximate location of all
ox sting trees over three inches in diameter,
measured six inrhen from ground level, and the
impact of the development on such trees.
(1U) Open Space. The approximate location and size
o green alt, open, common or recreation areas,
the proposed use of such areas, and whether
they are to be used for public or private use.
(11) Screening, The location, type and size of all
encf ea, b;rma or screening featur~-s proposed
between different land uses or adjacent
properties.
(12) Development Schedule. A development schedule
showing tT projected dates for the 4tart of
construction, rata of development and comple-
tion of construction of the ontire district,
or all phases thereof. if a concept plan is
initially submitted for all or part of the
PACE 2
district, the schedQle shall include e
specified aate within which a final
development plan for the entire district, or
each phase thereof, will be submitted.
(b) Final Development Plan. The final development plan
small contain the following information:
(1) All information required for the concept plan;
provided, however, that whenever the information
required for the concept plan is of a general
nature (such as the approximate location of
lots, buildings, streets, etc.) the information
for the final development plan for the same
subject matter shall be made in specific detail
(such as the actual location of lots, buildings,
streets, etc.)
(2) A landscape plan in detail, as directed by the
Department, showing all major landscaping
features.
(3) Location, type and size of all proposed signs
which would be visible from any public street.
(4) Sidewalks or other improved ways for pedestrian
use.
(5) All information required for preliminary plan
or plate in accordance with the provisions of
Appendix A (Denton Development Code) of the
Code of Ordinances.
3. Additional Information, In addition to the information
specifically required herein for concept and final
development plans, the Department, Commission or
Council may require the applicant to submit any
additional plans, maps, Sketches, drawings, written
statements or other information which is necessary to
review, make a recommendation on, or determination of,
whether the proposed district would be an appropriate
and compatible use of the land in accordance with the
intent of this article.
4. Form and Manner. To properly process applications and
administer t a article, the Department is authorized
to specify the form and manner in which all required
information and plans are to be submitted.
5. Procedures for Submission of Request to Commission or
Council.
(a) Application, Information and Fee. No request for
approve o a str cts concept or final
development plan, or amendment thereto, shall be
submitted to the Commission or Council for
consideration until an application, fee, and the
information required by this article, has been
properly submitted to the Department. Any
information not otherwise required by this article
that an applicant wishes to be considered with the
request must be submitted to the Department prior
to submission to the Commission or Council.
PAGE 3
(b) Waiver of Information. Upon the request of
jet t oner, the apartment may waive the
submission of any required information when it is
deamad to be clearly unnecessary for proper
consideration of the request.
(c) information Provided After Submission, Deferral.
It, after the apartment as su m tte i s request
for approval of a concept or final development
plan, oi, amendment thereof, for a district to the
Commission or Council for their consideration, the
petitioner should submit any additional information
to the Department, Commission or Council to be
considered for such requ-,t, the Commission or
Council shall, upon the reyur-► of the Department,
defer consideration of the ~o.~uest until a later
date to allow the Department to evaluate and
consider such additional information.
6. Final Develo mant Plan to Serve as Preliminary Plat.
final eve opment plan requ ra y t a art c e
shall also sarVe as the preliminary plat required by
Appendix A (Denton Development Code) of the Code of
ordinances. Approval of the final development plan
shall be deemed approval of the preliminary plat.
B. Creation of PD District.
1. A royal b Council Based on Plan. The City Council,
a ter cone eraC oa y t e omm scion, may approve by
ordinance the creation of a district based upon a
final development plan, or in a proposed district of
10 or more acres, based upon a concept plan. Where
the Council a ?proves a district based upon a concept
plan, no development shall begin until a final deve-
lopment plan for the district, or phase thereof, has
been submitted to, and approved by the Commission.
The approved plan shall be attached to the ordinance
establishing the district. No previously approved
concept plan shall be amended without the approval of
the City Council.
2. Conditions Imposed. The Department may recommend and
the Comm ss on an city Council may impose conditions
concerning the location, use, arrangement, construction
or development of the district in order to insure the
appropriate use of the district and to protect
surrounding properties. The conditions shall be shown
in the plan or ordinance approving the district.
C. Commission Approval, Amendment of Final Development Plans.
1. Submission of Final Plan. If a PD district is approved
by the (My Council ased upon a concept plan, the
applicant shall thereafter submit to the Department
for consideration by the Commissiou a final development
plan for the entire district, or each phase thereof,
in accordance with the development schedule approved
in the concept plan.
Upon the request of the applicant, the Commission may,
for Rood cause, approve one or more extensions of time,
not to exceed 120 days, in which a final davalopmunt
PAGE 4
Plan must be submitted to the Commission if such
request is made prior to the time the final develop-
ment plan is due.
if a final development plan is not submitted within
the required time, including any extensions granted,
the approved concept plan shall automatically lapse,
and the Commission, after notification by the Director
of the Department of such expiration, shall consider
the rezoning of the property and make its recommenda-
tions to the Council.
2. Final Develo mene Plan to Comply with Approved Concept
an. a omm sa:on e a not approve any ne Top-Mont eve-
plan, or amendment thereto, which is not in
substantial compliance with the concept plan approved
by the City Council. For purposes of this provision,
a final development plan which increases in the number
of proposed dwelling units; the number, floor area
ratio, maximum height, size, or lot area coverage of
buildings; substantially changes the arrangement or
type of buildings, setbacks, streets, access points or
lots; or substantially changes anq other development
standard, land use, or design, as shown in the approved
concept plan, shall be considered as nut being in sub-
stantial compliance with the concept plan.
3. Action by Commission' A eels. If the Commission
approves a final eve opmant plan, it shall be
attached to the ordinance approving the district. if
th9 Commission denies approval of, or refuses to grant
an extension of time for submission of the final
development plan, the applicant may appeal such action
to the City Council by filing a written request with
the department within tan days of the action taken.
D. Development of the PD District.
1. Com lLance with Approved Plan. No development shall
begin an no u ng perm is shall be issued for the
district, or part thereof, until a final development
plan has been approved for such district, or part
thereof, in accordance with the provisions of this
article. All districts shall be develtped in
compliance with the approved final development plan
for the district. All other plans, maps, drawings,
sketches, pictures, written statements or other
representations submitted with the final development
plan on which the City Council or Commission based its
approval of the final development plan may be attached
to, or incorporated in, the ordinance creating the
district and, if so attached or incorporated, shall be
binding upon the owner of the property in the
development of the district.
2. Corrections of Errors omLssiona on Final Plan. Upon
the request o an applicant, Me c a rperson of the
Development Review Committee may authorize minor
technicel changes or adjustments in the approval final
development plan to correct errors or omissions, so
long as such changes do not substantially change the
use, character or design of the development. For
purposes of this provision, a substantial change is
PACE 5
one that would violatrt the "substantial compliance"
requirements of C. 21 au ra.
J. Noncomaliance with Develo Sent Schedule- Extensions.
TT-la ter approve o`k'r na eve opment p an y t e
Commission, development of the district, or any part
thereof, has not be pun in substantial compliance with
Clio approved scheduls of development contained in the
final development plan, the Department shall notify
the Commission and the Commission shall, upon notice
to the owner of the property, recommend rezoning of
the ;property to an appropriate zoning district.
Upon request of thu applicant, the Commission may, for
good cause shown, amend the approved schedule of deve-
lopment for all or part of the district for a period
not exceeding three years beyond the previously
approved development schedule. Any request fur exten-
sions beyond such three year period, or appeals from
ttie denial of such request, shall be made to the City
Council by filing a written request with the Depart-
ment within ten days of such denial. The Commission
may not grant any extensions of time for development,
or otherwise amend the schedule of development in a
final development plan which was previously approved
by the City Council.
4. Regulations A lied, Omissions. All conditions,
regu at one, restr ct ens an development standards
governing the development of the district shall be
contained in the ordinance or final developmenc plan
approved for the district. If any regulation or
restriction (such as maximum building height, setback,
or sign regulations, etc.) applied in other zoning
districts by Appendix e-Zoning, is inadvertently
omitted in the approved ordinance or final development
plan for the district, or part thereof, the regulation
that would be applicable in the most restrictive
comparable zoning district classification, based upon
the land uses permitted therein, as determined by the
Deoartment, shall be applied to the districr, or part
thereof, wherein such regulation or restriction was
omitted. Any person aggrieved by the Departoent's
decision may appeal the determination to the City
Council after recommendation by the Commission.
E. General Provisions.
1. Purpose. The purpose of this article is to provide
or the creation of zoning districts, to be known and
designated as planned development (PD) districts, to
allow for the development of land as an integral unit
for a single or mixes use of land in accordance with a
development plan that varies from the established
regulations of other zoning districts. PD districts
are intended to provide for and encourage flexible and
creative planning to insure the compatibility of land
uses, to allow for the adjustment of changing demands
to meet the current needs of the community, and to
provide for a development that is superior to what
could be accomplished under zoning regulations for
other districts in that it serves one or more of the
following purposes;
PAGE 6
la) provWall for a design of lots or buildings;
increamod recreation, common, or open space for
private or public use; berms, gr9enbelts, trees,
shrubs or other landscaping features; parking
areas, street design or access; or other develop-
ment plan, amenities, or features that would be of
special benefit to the property users or community;
(b) protects or preserves topographical features, such
as trees, creeks, ponds, floodplains, slopes or
hills; or
(c) protects or preserves existing historical
buildings, structures, features or places,
2. Definitions. As used in this article, the following
mean:
(a) Commission. The Planning and Zoning Commission.
(b) Department. The Department of Planning and
ommun ty Development.
(c) PD or district. A planned development zoning
ate ct.
3. A licarion to Existin, PD~Di_stricts. The provisions
o j as art c a s a app-Ty tom" PD districts, or
parts thereof, approved prior to the effective date of
this article for which development has not begun. For
purposes of this provision, "development" shall mean
the actual construction of the district, or part
thereof, in accordance with a valid building permit
issued prior to the effective date of this ordinance.
if the provisions of this ordinance apply to any
district created prior to the effective date of this
ordinance by reason of nondevelopment, no development
in the district, or part thereof, shall begin until
the final development plan required by this ordinance
for the district, or part thereof, is submitted and
approved in accordance with this ordinance. In no
case shall a site plan for a district, approved prior
to the effective date of this ordinance, be considered
to be a concept or final development plan meeting the
requirements of this ordinance unless such plan
contains all the information required herein for such
plan.
4. Public Notice and BaarinA_Rs uirement.
No district shall be established based upon a concept
or final development plan, and thereafter, no concept
plan or final development plan for the district
approved by Council shall be amended, until public
notice is given and a public hearing is hold, as
applicable, in accordance with the provisions of
article 101la-1011j, Texas Revised Civil Statutes, as
amended, and the provisions of Appendix B-Zoning of
the Code of Ordinances.
SECTION II.
Any person who shall violate a provision of this ordinance,
or fails to comply therewith )r with any of the requirements
PAGE 7
tneruuf, or of a permit or certificate issued thereunder,
shall
he 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 every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECTION III.
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity.
SECTION IV.
That this ordinance shall become effective fourteen (14)
days from the data of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage.
PASSED AND APPROVED this the day of , 1986.
CI~TY~JF DUTON, TEXAS
ATTEST:
CHARLOTTE i, CITY SECRTTM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: 00
rYVw1
PAGE 8
6 3
~w
wry of oamro , r<XAS MUNICIPAL RUII.DING / 215 E, McKINNEY ST, I DENTON, TEXAS 76201
Id E M U R A N U U M
TO: City Council Members
FROM: Lloyd Harrell, City Manager
DATE: March 14, 1986
SUBJECT: Use of Hotel/Motel Tax Funds
City Council has received a request from the Fair Association to
consider the possibility of using the unlevied one percent of the
hotel/motel tax for an arena. Existing EI, B. No. 1836 states that
these funds may be used for "the acquisition of sites for and the
construction, improvements, enlarging, equipping, repairing,
operation, and maintenance of convention center facilities
including, but not limited to, civic center convention buildings,
auditoriums, coliseums, civic theaters, miiseums, and parking areas
or facilities for the parking or storage of motor vehicles or other
conveyances located at or in the immediate vicinity of the
convention center facilities." We feel that under this guideline an
arena may well qualify for this type of funding, but the City
Attorney's office will need to clarify this issue prior to the
adoption of an ordinance. This determination depends a great deal
not on what the facility is named but its functional purpose.
At the same time the City has other needs that you may want to
consider as well. There is currently a need to make improvements to
our Civic Center. These improvements include resurfacing and
redesign of the parking areas, a new sound system throughout the
building, meeting room and office renovation, acoustical
improvements, lighting improvements, kitchen renovation, restroom
improvements, and new equipment. These funds could also be used to
enlarge or expand the number ~f meeting rooms. These improvements
are estimated to cost approximately $400,000.
Another need is for additional funds for our economic development
program. Greater emphasis is being placed on expanding this program
which will of course need ongoing funding.
8171566.8200 D/FW METRO 434.2520
Page n 2
• It ulloul,d be noted that thorn wi L1, be an additional one percent
which will come back to the City when the construction of the Arts
Comp lux is finished - vos mety tau ti year or two down the line but
could ho uned to assist with one or wort) of the aforementioned needs.
Right now we have the ability to raiso 1,hu hotel/motel tax from six
percent to seven percent. 'Phis would tjonarate an additional $50,000
per year according to information :;applied by our Finance
Department. After Council approval and the astablishment of an
effective dater it could take up to 90 days before new tax revenues
would be received.
Several options for consideration includes
1) Delay awarding thA additional one percent now assigned for
construction of the ,'arts Complex until it becomes available
(approximately 24 montht).
2) Increase the tax to seven percent and determine what area or
areas to fund from that new percent. It is possible to fund
numerous areas with that percent.
3) Increase the tax to seven percent and not only allocate that,
but also determine how the funds now assigned to the Arts
Complex will be used when they again become available. This
would make one percent available now and one percent later to
areas determined by Council.
Rich S:,ehla will be discussing the overall plan for the fairgrounds
area.
Loyd ~ffarrell
City Manager
jh
MEM00 5 3 2
s
WY of QENrON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 1588-8307
Office of the City Manager
M li M 0 R A N 1)U M
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: March 14, 1986
SUBJECT: Proposed Budget Calendar
We are in process of preparing a proposed budget calendar for
discussion at t!.° work session. This information will be
available at the meeting on Tuesday evening.
Thank you.
TT6: _ '~y ae' V, larre 1
ca
20950
DATE: 3/18/86
CITY COUNCIL REPORT FORMAT
TOI MaY01 and Memboto of the City C.niutcil ~
FRuM: Lloyd Ilarrell, Utty Manager
SUIIJ 6CP: APPROVAL OF: TJJF E'HELIMINARY AND FINAL REPLAT OF THE FRY ADDITION,
LOT 2R, BLOCK 3, AND DART OF TIM KWIK KAR ADDITIONI PRELIMINARY PLAT
OF THE BETHEL TEMPLE PARSONAGE AUDITION, LOT 2, HLOCK 1! PRELIMINARY
PLAT OF THE MCXINNEY STREET BAPTIST CHURCH ADDITION, LOT 11 BLOCK 1
Prelimiaary Plat of the Fred Moore Addition,
RECOMMENDATION:
The Planning and Zoning commission recommended approval of the above
referenced items at its meeting of March 12, 1986,
SUMMARY:
In the order in which they are listed, approval of the plats will
allow development of the following land uses: office developmentl
church parsonage; church sanctuary, office development
BACKGROUND:
Not applicable
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Developers and city of Denton
FISCAL IMPACT:
Respectfully submitted:
L oyd H rrell
Prepared by City M pager
David Ellison
Senior Planner
Appr ed:
Di r,-3tor of P1 aning
a„d Devel pment
16118
i
i
CITY COUNCIL, A'ULNDA
[SACK-UP SUMMARY SHEET
MELTING DATE: March 180 198 6
SUBJECT: Preliininary aria final replat of c:i.e Fry
Addition, Lot 2R, Block 3, and the Kwik Kar
Addition
SUMMARY: This is an 0.849 acre tract locateu at the
southeast corner of Ross Street and Carroll
Boulevard. The property is zone y~!neral retail
(GR) aria the purpose of the replat is to remove
existing lot lines to create one lot. O±fice
development is planned.
Carroll Boulevard right-of-way narrows along the
east face Ot thio tract approximately 100 Feet
south of Ross Strout. Additional right-of-way
is not proposeu for dedication on this replat.
There is an exisLiiig 6" water line on ttie west
side of Carroll Boulevard anu the north side of
Ross Street. A 6" sanitary sewer line is in
place along the north side of Ross Street. A
fire hydrant is at the southeast corner of Ross
and Denison appro.<icriately 200 feet east of the
site. All other public utilities are in place
aria adequate.
ACT10N REQUIRED: Approval of the replat
RECOMMENDATION: The Planning anti Zoning Commission reco:ntnends
approval.
ALTERNA'T'IVE: Approval of the preliminary aria final replat
ATT'ACLiMENTS: Reduced Replats
U(tli~~'~~ t f~ 1
Davin Ellison
Senior Planner
O082k
- Irti
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VICINITY MAP
i- I ~8 i i ~ i I I S. Ar r I'. POD
ZONING: GENERAL RE 4L
LOT I
i ! BLOCK !
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-
PRELIMINARY
PLAT
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"II OWNER, AL CRAWFORD
I
1116 N,ELM
_ v MAr [ 688NT~e7EkAs 76201
r.nlsrl.•,r of ila IIb 11011 iau:._ _ _5_ f
BURKE ENGINEERING -
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llrr, /Lw1 m city of Iknton MRCnn IFa,
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• I ~ OFN
TON COUNTY TEXAS
'
VI rNITY MAP rlin:~i-i. ~irlr, e,r., re, Als•"'"-`- 'rl. , I 1 COLEMAN • ASSOCIATES
1(J 11 R.I..~- SU II Y(TI N'i
'.I "If a -7i 'i 7111 P 0 6QT 6tl6
rf- fli- _ 0 ( N I ON, I(II As 16202
6ri.~::- 66b28 611•!60.621!
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MIJ;TING DA T], t' rch 18, 1986
SIJBJECT: Preliminary plat of the Bethel Temple Parsonage
Addition
SUMMARY; Bethel Temple Church is Iocatod at 3813 West
University Drive (south side of road approxi-
mately 600-700 feet west of Marshall Road). The
proposed preliminary plat is for a 1.5694 acre
porticn of unplatted property owned by the
church; a parsonage is planned for the site.
The property is zoned agricultural (A).
Restrictions on access to this site will be
imposed strictly based on standards in the
Subdivision and Land Development Code, One
driveway off set at least 150 feet from the
centerline of Marshall Road to the centerline
of the driveway will be permitted.
An existing 12" water line along the Highway 380
frontage and a .1,0" sanitary sewer line under
construction along the south boundary of the
property will provide adequate service. Adequate
gas and telephone service is available.
A sidewalk is required along Highway 380 at the
discretion of the Planning and Zoning Commission.
ACTION REQUIRED: Approval of the preliminary plat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the preliminary plat.
ALTERNATIVES: Approval of preliminary plat
ATTACHMENT: Reduced preliminary plat
David - 1 ison
Senior Planner
1232s
1
SIATE Of WAS a
~ •~'~'w it ctwrPO•hl COUNTY Or 0,1I0N a
WHEREAS, WE. 6FTNIt ' NAPE CMUMCN Of DENTON AAE THE OVN(AS OF A
B.s.B, 1~P. SLVIYEY CITY Of DEMON LAND 10 It COUNTY WILLIAM 1DINI0N. ILSIA$, ANDIIEIN0TIA00, RI Of IA
11Ar~ Kr/A~ C[RT41M ICA[L[ ACRE 1 Ay DESCRIBED IM A 0I[0 FROM
I NN !{AST SIAT{ M19 Of D 0E[N 4(08 ID IECtK LI 1[Nll1 CHURCH Of 0[1410k ON
N
1 4Sf THE II1M DAY Of JUNE, 1971, OICORDED IF VOLUME 496, PAGE 966,
DIED RICOROS OF SAID COVNII. AND IEIRG NOR( FULLY DESCRIO(O AS
FOLLOWS:
- l-..~ Al/rS~ ~fLAT MIMNWLtf WINNING AT IN( AORIMIAST COAMIN of SAID 11.188 ACRE TRACT IN
_,-_-C091~ r9 INC SUPPLY LINE It IVIER 5410 /AfAM SURVEY AND THE 111 4 CAN
NN►►NUtt~ I1~~~rFF /S SUAV(q NSTEACt NO. III, 140E ILINO 1X1 N0R1MVtSf C04NIR Of iM(
92 X100 no W V SCIVIN SCHOOL FOOPI4IT IM THE SOVIM NIGHT-OF•WAV Of U,$. Mill 3101
)MINCE iOV1N OF 0160114 01 N14WIES AMC 10 SECONDS VEST ALONG AND
NEAR A ((ACE 04 $010 SURVEY LINE A OISTANCI OF 456.36 FEET TO A
FEW CORNEA;
~"NNNM rNIGr Nrt1 NAt M. .aNrwA IM(RC( AfNIM AA OEGMIIS S9 V114TI1 AND 60 WORDS VEST ALONG AND
AMNV ftr ,MqVgMI utim {Iq NEAR A FENCE 4 DISTANCE Of 17.13 FIJI TO AM AICL( 14 FINCEI
~•N, „ THENCE Mot(!- 44 DEGREES 11 RINU1(S AND SS SE(OYDS VLSI ALONG AND
__UN \ l AFAR A F[1([ 4 OISEANCI Or 111.91 FEE( hi A POINT;
\ 07VRER;
THENCI AD91M 01 OEGRIIS 0) MINUIES AFC, 10 SECONDS EAST A DISIANC{
"PANEL. P[MrIE C3IURCM Of !55.95 'iCl 10 A #0141 IN IN( S001M 115PI.0F•WAV Or U.S. MWI
363 N'E07 UNIYERSft'V )A0;
CIE"Toot TENA/ rftd
AGIRLI IM,T/N IN(N(( S01470 A/ 31401(5 4S NINUIES AA^ 00 5(CDMDS tail A1,014 i"(
R~L 04'D/A.y 1I0T Rm RpIQE"VAL IfjETd" WIN RI6M1•DF•W0T Of SAID A3A DISIAAC[ Of to F[T1
10 IM[ P0IN1.0F•1[GIMN 144 AND h0 COOT AEA4G 1.$691 ACRES OF 1 LAND.
1 Nov 1Ht P1{ORI INCH (Mt St MIA IT IMLS[ PRESENTS:
I IXAI. WE. S1THIL I(NPEI CMUR(k, 00 M(NESI ADOPT THIS PLAT,
I I 0(St6NAt IN0 IN( MERLIN 0TSCRf91D #110!(111 AS 101 Old, 61CC4 041,
1 R,6 01 14( IIIM[1 TIM►L( PARSDY46I AD)IIION 10 THE C111 or DENTON,
W M 1(I0S• A%, 90 NOELI OFOI(ATI Ill IMF PUOLIC US( FGA[f(R, IMF
BRYAN SURY9Y, AB• 14 ° B.gB C FIR CO, „yURYEY o "Pills MONISTS SHOWN MC11t0h.
AB. 194
!3
IE) N1L TEMPI.( CHUAtiM,M ~ it I STATE 0f 1134S
1 CDDAIT 0I OENfON l1
1 MJ I N p SELWVN $CMOOL•f, N Q
IIFORC "t, THE WD[RSION[D ROTOR, #DSt It IN AND FOR SA 19 COUNTY
W AND SIAIE OS h IS DAI ►(RSOMAIIi ANi C11I0 RAY STOUT, 44DWN TO ME
lIPN AIr,drf4P0' LOT 0 E I! > 10 NE IMF fit"N WHOSE MAR( :1 SUISCI!eta 10 IMF rDR(40146
BLOCK 1 I tFi1N7MCNT, 150 ACNMOWLEOLED 10 NI THAT HT [AiCUlt) IMI SAME 000
NE I V A1r rw w TMt r R :!t AM) C0•S19fRATro4S 11tctl4 f UNtSS(O, AND IY IN[
1 --~LIr____+ I CAWPTY THEREIN flA1ED;
I i Q
W 0;N i,,t0 P, Mll:' A1! `tA( Or Orfl(E THIS DAY
Dry W f, T ~
~ NbTAAr 7'iR`t' fI!-IUD LOR-St't= 'C~7i
,S r iI i RIIOW T411t 414 II IMI:E PAE"WS:
114[ Y,,1A"bryEfQ It L!Y.' THAI, I. GIRT W. MAMM!II. OWS;I#I) Mo;.I S: ~CN1L SJP/t YOP. 111
W rM ~AIIII ItfLIfAN r'-~ Y; I MEALtI (t/l Efi 110E 1 PR[i1 RIJ rat: tJ: 1#r,q A•, A(IyAI A 4 V
• ej l,. ACCURAII SURwit OF 111E IAND. AA0 '+Ir 1.1 '•'A4 M,nS !MC1N rwl N(4A
V'A r _ 0 T! I>n 141RE PLACE UNDER AT P(00AL SUPEOI":" 14 :.(C")PDAN(t Wlir IM(
O;QcI iu NA ~t'•..lru_'., .'k1q. '~~~'-y 04DIAA%C(S f THE CITY '01 DENTON
-L.Dd6L3UL) GRAPHIC SCALE SO'
CIO,
O'll.[IlhTfr-IrT.-i7Cf9
N - 8 Ri*,„,p•" VICtmily MAP
Ar / 10' I.IAIfAVP Inn
R N NTSL"ORD. ►M M VOMTOM
xaa6
Am" ,fir NIDTE00Nr4AAR1 UMN11 PROM MEAN 0414
PRELIMINARY PLAT
BETHEL TEMPLE PARSCNAGE ADDITION "E T t
CNO E CONSNI.TINO ENGINEERS 6 S(ARVEYORS WILLIAM BRYAN SURVEY AS, 148
L R4V1st0NN aT 2.12 86 ot"tOr/ t xAS ►e2of roa 196: CITY Of DENTON, DENTON COUNTY, TEXAS. +a6 AD
t,1TY COUNCIL AGENDA
8AGK-UP SUMMARY SHEET
MHUTIN6 DATE: March 18, 1986
SUBJECT: Preliminary Plat of the Fred Moore Addition
SUMMARY: This site is located at the southeast corner of
Carroll Boulevard and ':est Prairie Street. The
property is zoned planned development (PD) for
office use. The size of the tract is 0.4035
acres and office development is planned.
A 6" waterline and a 15" sewerline are in place
along West Prairie. Gas is available along both
Carroll Boulevard and West Prairie and 6" water
is also available along Carroll Boulevard.
A 25 foot setback off Carroll Boulevard and a
33 foot setback along Prairie Street were
approved on the PD site plan. The plats
presently show inadequate setbacks (2S feet
off Prairie and 15 feet off Carroll).
ACTION REQUIRED: Approval of the preliminary plat with condition.
RECOMMENDATION, The Planning and Zoning commission recommends
approval of the preliminary plat with the
condition that setbacks on the final plat
conform to the approved PD site plan,
AL'TERNA'TIVES: Approval or denial
ATTACHMENTS: Reduced preliminary plat
Reduced PD site plan
cY,
' T5a v i' cTl:'If i s o`n----------------
Senior Planner
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C 1'I'Y COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE': March L8, 1986
SUBJECT: preliminary plat of the Mc. inney Street Baptist
Church Addition
SUMMARY: This 6.2178 acre agricultural (A) site will
accommodate a church facility if plats are
approved. The property begins adjacent and
south of East McKinney, perpendicular to
Bellaire Boulevard. The church owns two
additional acres east of the subject site that
is not being platted at this time, the intent
is to avoid perimeter street paving improve-
ments for existing and substandard Lane street.
An exception to the flow requirement for fire
protection was granted by tile-, Public Utility
Board and Planning and Zoning Commission.
An existing 8" water line on the north side u
Last McKinney will serve this site (McKinney
A 10" sewer line is
Street must be bored).
proposed in the CIP. Preliminary plans for
drainage are acceptable, but details on deten-
tion must be worked out before a final plat is
approved. All other public facilities are
adequate.
ACTION REQUIRED: Approval of the preliminary plat.
RECOMMENDA'T'ION: The Planning and Zoning Commission recommends
approval with the following conditions:
(1) Sewer will. be provided at the developer's
expense from a 10" bore under East McKinney
with an extension of a 10" line across the
full width of the property, or 10" line
proposed in the Capital Improvement N.°ogram
prior to issuance of a certificate of
occupancy.
(2) Sidewalk will be installed along East
McKinney Street.
ALTERNA'T'IVES: Approval of the preliminary plat with conditions
or without conditions.
ATTACHMENT: Reduced preliminary plat
5aviT-F-1Iison
Senior Planner
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MEMORANDUM
DATE: March 10, )986
'['O: Rick Svehla, Assistant City Manager
VRON: Roger McDnnlr,l, Senior Lngineoring Tech-Inspections
SUBJECT: Stanley-'Thomas Drainage Project
We have received the final estimate for Stanley-Thomas Drainage
Project, ':'he contractor is Bar Constructors, Incorporated.
This project was started June 19, 1.985. The original contract
yrice was $566,976.37. We completed the project at a cost of
l$'554,484.50. This was a cost savings of $12,491.87 or 2.2%.
't'his project was allotted 120 work days to complete. The
contract ran over or took 132 days for final completion. I
recommend that 5 days of extention be granted because of design
changes and Lone Star Gas holding ap the progress of this
project. Last working day charged was January 24, 1986.
Breakdown of final pµyment is as follow, if 5 days are granted:
Contract to (late: 554,484.50
Less Previous Payments: 492 087.66
Sub-Total $62p396.8-4
Less Liquidated Damages $1,470.00
(7 days x $210)
Balance Due $609926.84
Please advise if further information is needed.
1
Roge't McDaniel
Senior Engineering Tech-Inspection
is
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8171566-82M DIFW METRO 434.2520
J
CONTRf)t;'CLl1i8 APPL iCFiTION FOR PAYMENT
PAY REIJUEST NO. 7 i rial DATE: February 10, 1966
PERIOD: January 1, 1986 thru February 10, 196E
PROJECT: Drainage Improvements ENGINEER: City of Denton
Stanley R Thomas PuOlic Works Departmwnt
Did #9454 Denton, Texas
Denton, Texas
OWNER: City of Denton CONTRACTOR: EAR Constructors, Inc.
215 E. McKinney Street P. 0. Box 10
Denton, Tmmas Lancaster, TX 75146
CONTRACT DATE: May 22, 1985 START DATE: Tune 191 1985
WORKING DAYS: 120 DAYS USED A 132
CONTRACT AMOUNT: i6e',076.37 ADJUUTMEN'TS:
SUMMARY OF' JOB STATLJS: SUBMITTED BY:
Total Work Completed $ 5549484.50
BAR Constructors, Inc. Date
Leas 10% Retained 0. 00
AP OVER BY;
Subtotal $ 554, 484.5.+ /
_ ►
L ous Prev Payments $ 4'38, 087. E6 City Fenton Data
Subtotal $ 62,396.84
L.e%% L.iq. Damages $ 11 470. 00
Amount Due $ 809 gaC. 84
RECEIVED FEB 1 9 1986
RECEIVED FEB 2 4 1986
• A,ainspe Iwprovements - Stanley 6 Thalo Streets BAR Constructors, Inc. Estimate No, 7 a Final
Unit of Contract Total Work Unit Value of
Ito" No. Description Measure Ouantity Complete Price Ork Done
04A Remove Concrete Pavement BY 40.00 40.00 7.00 260.00
1049 Re.,x>ve Concrete Curb a Outter LF 935.00 1010.00 1.50 1515100
110 Unclassified Excavation CY 935.00 935.00 100 2005,00
060 Trevira Subqrade SY 425.00 485.00 6.32 2686,00
340A 1 3 112" Type B Asphalt BY 335.00 442,50 14.61 6464.93
3404 2 1 112" Type D Asphalt By 333.00 346.66 6.06 8100,76
3408 Type D Asphalt Patch TONS 300.00 349.94 55.00 19246.70
421A Ewterd 4.5 x 8.5 box Culvert LF 14.00 14.00 275.00 3850.00
4PIR 6' x 31 Concrete Box Culvert LF 1021.00 10.5.00 161.79 164216.85
421C 61 x 41 Concrete Box Culvert LF 40.00 34.00 160.00 5440.00
432 Class B Conctite Rip Rap BY 680,00 496.00 21.54 10683.84
440 Reinforcing Steel LB 220.00 220.00 0.50 110.00
450 Metal Beare Guard Fence EA 2.00 2.00 300.00 600.00
465A 15" RCP LF 564.0 927.00 31.05 16363,35
45B 18" RCP LF 754.00 741.00 35.35 26194,35
465C 21" RCP LF 436.00 418.00 35.33 14767.94
465) 24" RCP LF 585.00 590.00 41,11 24254,90
465E 27" RCP LF 1068,00 1062.00 52.45 55701.90
465F 30" ACp or CMP L, 321,00 316.00 47.01 14855.16
4656 36" PCP or CMP LF 546.00 536.00 43.45 23289,20
465H 42" RCP or CMP LF 306.00 2913,00 77.88 23286.12
4651 48" RCp or UP LF 512,00 507.00 62.43 31652.01
470A 4. Manhole and Cover EA 1.00 1100 1500.00 1500.00
4708 61 Curb Inlet EA 18,00 10.04 950.00 17100.00
4700 81 Curb Inlet EA 12100 12,00 1200.00 14400,00
470D 101 Curb Inlet EA 4.00 4.00 1600.00 6400.00
470B1 61 Curb Inlet Special Type 11 EA 1.00 1.00 1500.00 1500.00
470BE 61 Curb Inlet Special Type 1 EA 1.00 ;,00 1400.00 (400.00
41001 8' Curb Inlet Special Type III EA 1.00 1.00 1600.40 1800.00
47001 101 iurb Inlet Special Type I EA 1.00 1.00 2250.00 2250.00
A7002 101 Curb Inlet Special Type II EA 1.00 1.00 2350.00 2350.00
470E Rebuild Existing Not EA 1.00 1.00 2500.00 2500.40
470F 51 x 51 Jun,-tion Box a Cover EA 4.00 5.00 1687.;4 0437.50
470G 81 x 51 Junction Box a Cover EA 4.00 4.00 2700.00 10800,00
470H 101 x 51 Junction Box 6 Cover EA 1.00 1,00 3600.00 3600.00
471 lolel Frame a Cover EA "30.00 31.00 75.00 c3i:5,00
522 Concrete Curb 6 Gutter LF 445,00 492.00 9.00 4476:(0
E,?4 Concrete )rive Sy 24.00 24.00 30.00 720,On
5P2 Concrete Sawcut LF 140.00 140.00 1.50 2410.00
SP3 Adjust Existing Waterlines EA t 41.00 18.00 1175.00 21150.00
5P4 PJJust Existing Water Service EA 10.00 i4.00 50,00 500.00
SPS Adjust Existing Sewer Servis:e EA 10.00 10.00 75,00 750.00
Contract to Dste M554484.50
Less $0% Retained 4100
Subtotal 554484.50
Less Previous Payments 492087.66
Subtotal ~ 58386, 84
Less Liquidated Darages (7 x 210.00) 1470.00
Balance Out This Payment ^ M60926.84
~I
r~. D..
DATE;
CITY COUNCIL REPORT FORMAT
'C0: Mayor and Members of the City Council
FROM: I'loyrl Ih1'roIl, City Kinager
SUB,jri 'r: Rental. RohabltiUiL.ion Contract
RECOMMENDATION:
The staff recommends approval of the Rental
Rehabilitation Contract
SUMMAR Y: The 'T'exas Department of Cormnulity Affairs has
awarded the City of Denton $100,000.00 for the rehabilitation
of 20 rental units. This will provide funding for a continuation
of the existing Rental Rehabilitation Program,
BACKGROUND:
Tlae MBGG Office made application tothe T'DCA on
July 30, 1985. Notification of application approval was sent
January 13, 1985. Previous funding (1985) also totaled 100,000.00
PROGRAMS, DEPARTMEN',S OR GROUPS AFFIiC'rbD:-This grant also
makes the Denton Public Housing Autority ol.igible for an allocation
of twenty Section 8 vouchers to be utilized by prQppective renters.
FISCAL IMPACT. This contract makes no provision for administrative
costs. The::efore, the current Community Development Block. Grant
Program will absorb those costs.
Respectfully submitted:
Pre a r e d by: Lloyd F rell, City Manager
Fla me Barbara Ross
T i t l e Cc m mit y Development "
Coordinator
Approv
Name Jed yer
Title Director of Planning & Conmunity Development
TEXAS UEPARIMENI Of COMMUNITY AFFAIRS
CONIRAC1 fOR
U01AL REHABILITATION PROGRAM
S1AIL 01: TEXAS j
COUNTY Of '1RAVIS j
SECTION 1. PARTIES TU CONTRACT
This contract and agreement is made and entereJ into by and between the Texas
Department of Community Affairs, an agency of the State of Texas, hereinafter
referred to as "Department", and the City of Denton, hereinafter referred to
as "Contractor". The parties hereto have severally and collectively agreed and
by the execution hereof are bound to the mutual obligations and to the
performance and accomplishment of the tasks described herein.
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on Februrry 1, 1986, and shall
terminate on January 31, 1988, unless otherwise specifically provided by the
terms of this contract.
SECTION 3. CONTRACTOR PERFORMANCE
Contractor shall conduct, in a satisfactory manner as determined by Depart-
ment, a rental rehabilitation program under Section 17 of the United States
Housing Act of 1937, 42 U.S.C. 1437o, hereinafter referred to as the Act.
Contractor shall perform all activities in accordance with the terms of the
Performance Statement, hereinafter referred to as Exhibit A; t;,e Applicable
Laws and Regulations, hereinafter referred to as Exhibit,B; the Schedule for
Committing Rental Rehabilitation Funds, hereinafter referred to as Exhibit C;
the assurances, certifications, and all other statements made by Contractor in
its application for the project funded under this contract; and with all other
terms, provisions, and requirements set forth in this contract.
SECTION 4. DEPARIMENT OBLIGATIONS
A.
Measure of Liability
In consideration of full and satisfactory performance of the activities
referred to in Section 3 of this contract, Department shall be liable for
actual and reasonable costs incurred by Contractor during the contract period
for performances rendered under this contract by Contractor, subject to the
limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that Depart-
ment's obligations under this Section 4 are contingent upon the actual
PAGE 1 OF 11
S~ t,3 6
receipt of adequate state and/or federal funds to meet Department's
1.1a6ilities under this contract. If adequate funds are not available to make
payments under this contract, Department shall notify Contractor in writing
within a reasonable time after such fact Is determined. Department shall
terminate this contract and will not be liable for failure to make payments
to Contractor under this contract.
2. Department shall not be liable to Contractor for any costs incurred by
Contractor, or any portion thereof, which has been paid to Contractor or is
subject to payment to Contractor, or has been reimbursed to Contractor or is
subject to reimbursement to Contractor by any source other than Department or
Contractor.
3. Department shall not be liable to Contractor for administrative costs, as
set forth in Section 6(C) of this contract, and for any costs incurred by
Contractor which are not allowable costs, as set forth in Section 6(8) of
this contract.
4. Department shall not be liable to Contractor for any costs incurred by
Contractor or for any performances rendered by Contractor which are not
strictly in accordance with the terms of this contract, including the terms
of Exhibit A, Exhibit 8, Exhibit C, and Exhibit D of this contract.
5. Department shall not be liable to Contractor for any costs incurred by
Contractor in the performance of this contract which have not been billed to
Department by Contractor within sixty (60) days following termination of this
contract unless otherwise provided for in the Project Completion Report(s)
referred to in Section 8(C) of this contract.
6. Department shall not be liable for costs incurred or performances
rendered by Contractor before commencement of this contract or after
termination of this contract.
B. Excess Payments
Contractor shall refund any sum of money which has been paid to Contractor
under this contract, which Department determines has resulted in overpayment
to Contractor, or which Department determines has not been spent by
Contractor strictly in accordance with the terms of this contract. Such
refund shall be made by Contractor to U.S. Department of Housing of Urban
Development (HUD) within thirty (30) working days after such refund is
requested by Department.
C. Limit of Liabilitf
Notwithstanding any other provision of this contract, the total of all
amounts obligated by Department under this contract shall not exceed the sum
of One Hundred Thousand and no/100 Dollars (1100,000.00).
SECTION 5. METHOD OF PAYMENT
A. HUD's Cash and Management Information (C/MI) system for the Rental
Rehabilitation Program, Notice CPO 84-8, issued September 17, 19840 and any
modifications thereto, shall be used as the method for disbursement of rental
rehabilitation funds obligated to Contractor under this contract.
PAGE 2 Of 11
Disbursement is conditioned upon the suhmisslon of satisfactory information
by Contractor about the project and compliance with other procedures
specified by HUD. HUD will disburse rental rehabilitation funds obligated by
Department under this contract by electronic funds transfer to the depository
institution designated by Contractor. Amounts requested by Contractor will
be disbursed by HUD as closely as possible to the time they are needed by the
Owner to pay eligible rehabilitation costs and such amount shall immediately
be disbursed by Contractor and owner in payment for eligible costs.
Contractor shall establish a rental rehabilitation deposit account at
designated depository bank and shall not commingle any private or public
funds, whether or not such funds are to be used to supplement Rental
Rehabilitation Program funds, in the same acrount. Contractor expressly
understands and agrees that Department shall not be liable for any damages,
claims, or demands which may be asserted as a result of any action, or
failure to act, by HUD in discharge of its responsibility under the C/141
system.
B. Notwithstanding the provisions of Section 5(A) of this contract, it is
expressly understood and agreed by the parties hereto that payments under
this contract are contingent upon Contractor's full and satisfactory
performance of its obligations under this contract and that Department may,
at its sole option and in its sole discretion, withdraw and reallocate rental
rehabilitation funds provided under this contract based on Contractor's
noncompliance with the terms of this contract, applicablo laws or regulations
including recipient's failure to meet the schedule for committing rental
rehabilitation amounts as set forth in Exhibit D of this contract.
C. It is expressly understood and agreed by the parties hereto that any
right or remedy provided for in this Section 5 or in any other provision of
this contract shall not preclude the exercise of any other right or remedy
under this contract or under any provisions of law, nor shall any action
taken in the exercise of any right or remedy be deemed a waiver of any other
rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or
remedy at any time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS, COSJ
PRINCIPLES, AND ALLOWABILITY OF COSTS
A. Contractor shall comply with Office of Management and Budget (OMB)
Circular A-",02 as supplemented by the rules promulgated by the Office of the
Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and
Contract Management Act of 1981 (1EX.REV.C1V.STAT.ANN.art.4413 (32g).),
hereinafter referred to as the Management Standards, except to the extent
that Department establishes variations from the Management Standards in
accordance with Section 6 of such Act.
B. The allowability of costs incurred for performances rendered hereunder
shall be determined in accordance with OMB Circular A-122, as supplemented by
Section 5.150 of the Management Standards, subject to the following
limitation.
PAGE 3 OF 11
tligible rehabilitation costs shall include only:
1. The actual rehabilitation costs necessary to: (i) correct substandard
conditions as referred to in 24 CFR 511.10(c)(2); (11) make essential
improvements including energy-related repairs and improvements to permit the
use of rehabilitated projects by handicapped persons; (iii) repair major
housing systems in danger of failure; and
2. Other costs (soft costs) that are associated with the rehabilitation or
rehabilitation financing and are not for services provided or costs incurred
by the Contractor. Such soft costs may include (but are not limited to)
those costs referred to In 24 CFR 511.10(g)(2).
C. Contractor shall not use rental rehabilitation funds provided under this
contract for administrative costs incurred by Contractor in carrying out its
responsibilities under the Rental Rehabilitation Program. Administrative
costs prohibited under this subsection include, but are not limited to, staff
and consultant salaries and operating expenses of Contractor.
SECTION 7. MAINTENANCE. RCTENTION, ACCESSIBILITY
6ND PUBLIC DISCLOSUR& OF RECORDS
A. Contractor shall maintain records in such form and such manner as may be
prescribed by HUD or Department that clearly document performance under each
program requirement set forth in Subpart B of 24 CFR 511 and that include, at
a minimum, (i) records sufficient to meet HUD requirements for the disburse-
ment of rental rehabilitation funds pursuant to 24 CFR 511.74; (ii) data on
the racial, ethnic and gender characteristics of tenants, applicants for
tenancy, and owners of the rehabilitated projects; and (iii) data indi-
cating the race and ethnicity of households displaced as a result of program
activities, and, if available, the address and census tract of the housing
units to which each displaced household is relocated. Records required to be
maintained under this`subsection A shall be retained for a period of three
years from the date of final closeout of the rental rehabilitation grant
award to the State of Texas under which monies for this contract were made
available.
B. Contractor shall maintain fiscal records and supporting documentation for
all expenditures of funds made under this contract in a manner which conforms
to HUD requirements, the Management Standards (except to the extent that
Department establishes variations from the Management Standards in accordance
with Section 6 of such Act), and this contract. Contractor shall comply with
the retention and custodial requirements for records as set forth in
Attachment C of OMB Circular A-102, as supplemented by Section 5.154 of the
Management Standards (except to the extent that Department establishes
variations therefrom).
C. Contractor shall give the United States Department of Housing and Urban
Development, the Inspector General, the Comptroller General of the United
States, the Auditor of the State of Texas, and Department, or any of their
duly authorized representatives, access to and the right to examine, excerpt
and transcribe all books, accounts, records, reports, files, and other
papers, things, or property belonging to or in use by Contractor pertaining
PAGE 4 OF 11
to this contract. Such rights to access shall continue as long as the
records are retained by Contractor. Contractor agrees to maintain such
records in an accessible location. Contractor shall ensure that its
agreements with owners, as defined in Section I of Exhibit A of this
contract, requir4 such owners to provide similar access to their records
pertaining to the use of funds provided under this contract.
D. Contractor shall provide for full and timely disclosure of records and
documents relating to its rental rehabilitation programs consistent with
applicable Federal, State and local laws regarding personal privacy and
obligations of confidentiality. Documents relevant to a Contractor's program
shall be made available at Contractor's office during normal working hours
for citizen review upon request.
E. Contractor shall include the substance of this Section 1 in all subcon-
tracts.
SECTION B. REPORTIN6 REQUIREMENTS
A. Contractor shall submit to Department such reports on the operation and
performance of its rental rehabilitation program in such format and at such
times as may be required by Department including, but not limited to, manage-
ment and annual performance reports containing such information as Department
may prescribe.
B. Contractor shall submit a Project Completion Report to Department no
later than sixty (60) days after the completion of each project undertaken
pursuant to Exhibit A of this contract. The Project Completion Report shall
be in n format prescribed by Department and shall include a final Project
Completion Report of all activities performed under this contract.
C. In addition to the limitations on liability otherwise specified in this
contract, it is expressly understood and agreed by the parties hereto that if
Contractor fails to submit to Department in a timely and satisfactory manner
any report required by this contract, Department may, at its sole option and
in its sole discretion, cause any or all payments otherwise due hereunder to
be withheld by placing a stop payment order with HUD. If Department places a
stop payment order, it shall notify Contractor in writing of its decision and
the reasons therefore. A stop payment order placed pursuant to this
subsection shall continue in full force and effect until such time as
Department determines that the delinquent obligations for which funds are
withheld are fulfilled by Contractor.
SECTION 9. MONITORING
Department reserves the right to perform periodic on-site monitoring of
Contractor's compliance with the terms and conditions of this contract, and
of the adequacy and timeliness of Contractor's performances under this
contract. After each monitoring visit, Department shall provide Contractor
with a written report of the monitor's findings. If the monitoring reports
notes deficiencies in Contractor's performances under the terms of this
contract, the monitoring report shall include requirements for the timely
PAGE 5 Of 11
i
correction of such deficiencies by Contractor. Failure by Contractor to take
action specified in the monitoring report may be cause for suspension or
termination of this contract, as provided in Sections 17 and 18 of this
contract.
SECTION 10. M, P NDENI CONIRACTOR
It Is expressly understood and agreed by the parties hereto that Department
is contracting with Contractor as an independent Contractor, and that
Contractor, as such, agrees to hold Department harmless and to indemnify
Department from and against any and all claims, demands, and causes of action
of every kind and character which may be asserted by any third party occur-
ring or in any way Incident to, arising out of, or in connection with the
services to be performed by Contractor under this contract.
SECTION 11. SUBCONTRACTS
Contractor may subcontract for the performances described In this contract
without obtaining Department's prior written approval. Contractor, in
subcontracting for any performances described in this contract, understands
and agrees that in entering into such subcontracts, Department is in no way
liable to Contractor's subcontractors. Contractor further understands and
agrees that it shall ensure that the performances rendered under all sub-
contracts are rendered so as to comply with all the terms of this contract,
as if such performances were rendered by Contractor.
SECTION 12, ggNFLICT Of 1NIEREST
A. Contractor covenants that neither it nor any member of its governing body
presently has any interest or shall acquire any Interest, direct or indirect,
which would c,onfllct in any manner or degree with the performance of this
contract. Contractor further covenants that in the performance of this
contract no person having such interest shall be employed ar appointed by
Contractor.
8. No person (I) who is an employee, agent, consultant, officer, or elected
or appointed official of Contractor and who exercises or has exercised any
functions or responsibilities with respect to assisted rehabilitation activi-
ties or (11) who is in a position to participate in a decision making process
or gain inside information with regard to such activities, may obtain a per-
sonal or financial interest or benefit, direct or indirect, in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder,
either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter.
C. Contractor's employees, officers, and/or agents shall neither solicit nor
accept gratuities, favors, or anything of monetary value from subcontractors,
or potential subcontractors.
SECTION 13. SECTARIAN ACTIVITY
None of the performances rendered by Contractor under this contract shall
involve, and no portion of the funds received by Contractor under this
contract, shall be used in support of any sectarian or religious activity,
PAGE 6 Of 11
i
nar %hall any facilities used in the performance o1' this contract be used for
ser:tarian instruction or as a place of religious worship.
SEMON 14. L GAAL_ t0.jjY
A. Contractor assures and guarantees that contractor possesses the legal
authority to enter into this contract, receive funds authorized by this
contract, and to perform the services "ontractor has obligated itself to
perform hereunder.
9. The person or persons signing and executing this contract on behalf of
Contractor, or representing themselves as signing and executing this contract
on behalf of Contractor, do hereby warrant And guarantee that he, she or they
have been duly authorized by Contractor to execute this contract on behalf of
Contractor and to validly and legally bind Contractor to all terms, perform-
ances, and provisions herein set (orth.
C. Department shall have the right to suspend or terminate this contract if
there is a dispute as to the legal authority of either Contractor or the
person signing this contract to enter into this contract or to render per-
formances hereunder. Contractor is liable to Department for any r,i)ney it has
received from Department for performance of the provisions of this contract,
if Department has suspended or terminated this contract for reasons enumer-
ated in this Section 14.
SECTION 15. LITIGATION AND CLAIMS
Contractor shall give Department immediate notice in writing of 1) any
action, including any proceeding before an administrative agency, filed
against Contractor arising out the performance of any subcontract hereunder;
and 2) any claim against Contractor, the cost and expense of which Contractor
may be entitled to have reimbursed by Department. Except as otherwise
directed by Department,` Contractor shall furnish immediately to Department
copies of all pertinent papers received by Contractor with respect to such
action or claim.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifV .ally provided otherwise in this contract, any alter-
ations, additions, or deletions to the terms of this contract shall be by
amendment hereto in writing and executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under
this contract must be rendered in accor0nce with the Act, the regulations
promulgated under the Act, the assurances and certifications made to Depart-
ment by Contractor, and the assurances and certifications made to the United
States Department of Housing and Urban revelopment by the State of Texas with
regard to the operation of the Texas Rental Rehabilitation Program (TRRP).
Based on these considerations, and in order to ensure the legal and effective
performance of this contract by both parties, it is agreed by the parties
hereto that the performances under this contract are amended by the provi-
sion,; of the TRRP Implementation Manual and any amendments thereto and may
further be amended in the following manner: Department may from time to time
during the period of performance of this contract issue pol!cy directives
PAGE 7 OF 11
which serve to establish, interpret, or clarify performance requi,•ements
under this contract. Such policy directives shall be promulgated ►'y the
Director of Community Development and Housing Division of Department in the
form of 1RRP issuances, shall have the effect of qualifying the term,., of this
contract and shall be binding upon Contractor, as if written herein, provided
however that said policy directives and any amendments to said Manual shall
not alter the terms or this contract so as to release Department of any
obligation specified in Section 4 of this contract to reimburse costs
incurred by Contractor prior to the effective date of said amendments or
policy directives.
0. Any alterations, additions, or deletions to the terms of this contract
which are required by changes in Federal or state law or regulations are
automatically incorporated into this contract without written amendment
hereto, and shall become effective on the date designated by such law or
regulation.
SECTION 17. SUSPENSION
In the event that Contractor fails to comply with any term of this contract,
Department may, upon written notification to Contractor, suspend this con-
tract in whole or in part and prohibit Contractor from incurring additional
obligations of funds under this contract. Upon suspension of this contract
by Department, Department may cause further payments to Contractor to be
withheld by placing a stop payment order with HUD. A stop payment order
placed pursuant to this paragraph shall continue in full force and effect
until such time as Department determines that the delinquent obligations for
which funds are withheld are fulfilled by Contractor.
SECTION 18. TERMINATION
A. Department shall have the right to terminate this contract, in whole or
in p,irt, at any time'before the date of completion specified in Section 2 of
this contract wheneVer Department determines that Contractor has failed to
comply with any term of this contract. Department shall notify Contractor in
writing prior to the fifteenth (15th) day preceding the date of termination
of such determination; tfie reasons for such termination; the effective date
of such termination; and in the case of partial termination, the portion of
the contract to be terminated.
B. Either of the parties to this contract shall have the right to terminate
this contract, in whole or in part, when both parties agree that the continu-
ation of the activities funded under this contract would not produce benefi-
cial results commensurate with the further expenditure of funds; provided
that both parties agree, in writing, upon the termination conditions, includ-
ing the effective date of such termination; and in the case of partial termi-
nation, the portion of the contract to be terminated.
C. Upon termination or receipt of notice to terminate, wh'chever occurs
first, Contractor shall cancel, withdraw, or otherwise ter•i;,nate any out-
standing orders or subcontracts related to the performance of this contract
or the part of this contract to be terminated, and shall cease to incur costs
thereunder. Department shall not be liable to Contractor or to Contractor's
creditors for costs incurred after termination of this contract.
PAGE 8 Of 11
I
' 0. Notwithstanding any exerrise by Department of its right of suspension
under Section It of this contract, or of early termination pursuant to this
Section 18, Contractor shall not be relieved of any liability to Department
of damages due to Department by virtue of any breach of this contract by
Contractor. Department may cause payments to Contractor to be withheld until
such time as the exact amount of damages due to Department from Contractor is
agreed upon or is otherwise determined.
SGCIION 19. QW1
A. Unless otherwise directed by Department, Contractor shall arrange for the
performance of a financial avid compliance audit of funds received under this
contract, subject to the following conditions and limitations:
1. Contractor shall have an eudit made in accordance with the Single AuGic
Act of 1984, P.L. 98-502 (hereinafter referred to as "Audit Act"), and OMB's
Circular No. A-128, 'Audit Requirements for State and Local Governments," 49
Fed.Reg. 50134 (Dec. 26, 1964), for any of its fiscal years in which
Contractor receives more than $100,000 in Federal financial assistance. For
purposes of this Section 19, "Federal financial assistance" means assistance
provided by a Federal agency in the form of grants, contracts, cooperative
agreements, loans, loan guarantees, property, interest subsidies, insurance,
or direct appropriations, but dogs not include direct Federal cash assistance
to individuals. It includes awards received directly from Ftderal agencies,
or indirectly through other units of State and local governments.
2. Unless otherwise specifically authorized by Department in writing,
Contractor shall submit the report of such audit to the U.S. Department of
Housing and Urban Development (HUD) within thirty (30) days after the
completion of the audit. but no later than one year after the end of the
audit period. Audits performed under this Section 19 are subject to review
and resolution by the U.S. Department of Housing and Urban Development (HUD)
or its authorized representative. Resolution of findings shall be made
within six (6) months after receipt of the audit report by the U.S.
Department of Housing and Urban Development (HUD). .
B. Contractor shall take sp+ch action to facilitate the performance of such
audit or audits conducted pursuant to this Section 19 as Department of the
U.S. Department of Housing and Urban Development (HUD) may require of
Contractor.
SECTION 20, ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Contractor understands and agrees that by the execution of this contract
Contractor shall assume the responsibilities for environmental review,
decision-making, and other action which would otherwise apply to Department
under Section 5304(f) of the Act, in accordance with and to the extent
specified in 24 C.F.R. Part 58. In acr,.ordance with Section 58.77(b) of such
regulations, Contractor further understands and agrees that Contractor shall
handle inquiries and complaints from persons and agencies seeking redress in
relation to environmental reviews covered by approved certifications.
PAGE 9 OF 11
1
l
11. Contractor shall complete c written Finding of Categorical Exclusion, as
applicable under 24 C.F.R. Sect'.on 56.35 (a), which cites the subsection of
Section 58.35 (a) by which the activities or projects funded under this
contract are categorically excluded from the National Environmental Policy
Act requirements of 24 C,F,R. Part 58. Contractor shall then publish a
Notice of Intent to Request Release of Funds in the manner prescribed in 24
C.F.R. Section 58.43. Contractor shall provide the public with at least
seven (7) calendar days to comment on the Notice following its publication
date. finally, Contractor shall concurrently suLmit to Department the
following documents: 1) a Request for Release of Funds form; 2) the written
Finding of Categorical Exclusion described above; and 3) a Publisher's
Affidavit for the Notice of Intent to Request Release of Funds notice. Upon
receipt of such documents, Department must allow a 15 calendar days comments
period to expire before it can formally release any project funds which are
subject to the environmental review regulations. Contractor must comply with
all other applicable environmental requirements as specified in Exhibit D of
this contract. Contractor shal'A' document its compliance with such other
requirements in its environmental review file.
SECTION 21. LABQR STANDARDS
A. All laborers and mechanics (except laborers and mechanics employed by
Contractor while acting as the principal contractor on the project) employed
ire the rehabilitation of a project assisted under this contract that contains
12 or more dwelling units :hall be paid wages at rates not less than those
prevailing on similar rehabilitation in the locality, if such a rate category
exists, or the appropriate rate as determined by the Secretary of labor in
accordance with the Davis-Bacon Act (40 U.S.C. 276a-276a-F), and contracts
involving their employment shall be sutlect to the provisions, as applicable,
of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333).
Contractor shall comply with regulation, issued under these Acts and with
other Federal laws and regu- lations pertaining to labor standards, as
applicable.
8. Contractor shall include the substance of this Section 21 in all subcon-
tracts and shall require Owners to comply with said labor standards, if
applicable, as a precondition to receiving rental rehabilitation funds under
this contract.
SECTION 22. ORAL 6NOO MRITTEN AGREEMENTS
A. All oral and written agreements between the parties tG tells contract
relating to the subject matter of this contract that were made prior to the
execution of this contract have been reduced to writing and are contained in
this contract.
B. The attachments enumerated and denominated be;ow are hereby made a part
of this contract, and constitute promised performances by Contractor in
accordance with Section 3 of this contract:
1. Exhibit A, Performance Statement, 4 Pages
2. Exhibit B, Applicable Laws and Regulations, 2 Pages
3. Exhibit C, Schedule for Committing Rental !I
Rehabilitation Funds, I Page
PAGE 10 OF 11
WITNESS OUR HANDS EFFLCTIV.' FEBRUARY 1, 1986.
4104rd 0. Stewart
Mayor
City of Denton
Approved and accepted on behalf of the Texas 'Department of Community Affairs,
r
Bob Williams, Acting Executive Director
Texas Department of Community Affairs
This contract is not effective unl,ss signed by the Executive Director of the
Texas Department of Community Affairs or by his nuthorizfd designee.
PAGE 11 OF 11
Exhibit A
P17RFORMANCI S1 AlEMENl
MY Of IILNiON
Contractor shall use rental rehabilitation funds to help support the
rehabilitation of privately owned real property to be used for primarily
residential rental purposes In order to hall) provide affordable, standard
housing for lower income families and to increase the availability of housing
units for the use of voucher and certificate holders under Section 8 of the
United States Housing Act of 1437. Contractor shall carry out eligible
rehabilitation activities under the Texas Rental Rehabilitation Program
("TRRP") in a manner which shall comply with the requirements of this
contract, including this Exhibit A.
Section 1. REHADI L11ATION OF PRIVATE PROPERTY
Contractor shall rehabilitate substandard rental units by providing r ntal
rehabilitation funds to each Owner for the project specified in Owner's rental
rehabilitation program application. The amount of rental rehabili- tation
funds for any project shall not exceed an average of $5,000 per unit, and
shall not exceed 50% of 4khe total cost; of eligible rehabilitation costs with
respect to the project unless Contractor applies for, and Department approves
in writing, a higher amaurt for a project. The minimum level of
rehabll',tation of projects to be required for participation in the rental
rehabi0tation program shall not be loss than an average of f600 per dwelling
unit per project for eligible rehabilitation costs. For purposes of this
contract, including this Exhibit A, "Owner" means one or more individuals,
corporations, partnerships, or other legal entities that hold valid legal
title to the property to be rehabilitated.
s.
Section 11. LOWER INCOME QEMEFIT
At least 70% of the amount of rental rehabilitation funds provided under this
contract shall be used for the benefit of lower income families. For purposes
of this Section ?I, benefit for lower income families will be considered to
occur only where dwelling units in projects rehabilitated with rental
rehabilitation funds are initially occupied by such families after
rehabilitation. "Lower income family" means a lower income family, as defined
in 24 CFR 813.102.
Section 111. PRIMARILY RESIDENTIAL RENT 8L USE
Rental rehabilitation funds shall only be used to rehabilitate projects to be
used for primarily residential rental uses. For purposes of this Section 111,
a project is used for primarily residential rental purposes if at least 51% of
the rentable floor space of the project is used for residential rental
purposes after rehabilitation, except that in the case of a two-unit building,
at least 50% of the rentable floor space after rehabilitation must be used for
residential rental purposes.
Section IV. CORRECTION OF SUBSTANDARD CONDITIONS
Rental rehabilitation funds shall only be used to rehabilitate projects
PAGE 1 Of 4
Which herora rehabilitation, have one or more substandard conditions. After
rehabilitation, each snit in the project must, at a minimum, meet the Section
8 Hou%lny Quality Standards for Existing Housing contained in 24 CFR
882.109, For purposes of this Section Iv, substandard conditions are those
housing ronditions that do not meet applicable State or local housing codes
or do not meet the Section 8 Housing Quality Standards.
Section V. bELECTION Of ELIQIRLE_KIfiiQ RH00DS
Rental rehabilitation funds shall only be used to assist the rehabilitation
of projects located in neighborhoods (a) where the median income does not
exceed 80% of the median income for the area, and (b) which met the rent
affordability standard set forth in 24 CFR 511.10(d)(2).
Section VI. DISPLACEMENT OF LOWER INCOME EMI I S,
Rental rehabilitation funds may be used to rehabilitate structures only if
the rehabilitation of the structure will not cause the displacement of very
low-income families by families who are not very low-income families.
Displacement results if a lower income family is forced to move permanently
from a project as a direct consequence of rehabilitation assisted under this
contract. A lower income family may not be displaced without financial and
advisory assistance sufficient to enable the family to obtain decent, safe,
and sanitary housing at an affordable rent (as defined in 24 CFR
Section VII. ADOPTION OF TENANT-ASSISTANCE POLICY
Before the establishment of a program account or behalf of Contractor under
the C/M: system is authorized by Department, Contractor shall adopt and
submit to Department a written tenant assistance policy (which shall be made
available to the public upon request) concerning displacement, relocation
assistance, and other assistance to tenants who reside or will reside in
projects to be rehabilitated with funds provided under this contract. The
tenanv. assistance policy shall be developed in accordance with the guidelines
specified in 24 CFR 511.10(h)(2) and shall be subject to Department's
approval.
Section VIII. PROHIBITION AGAINST CONDOMINIUM CONVERSION
Prior to the time Contractor agrees to provide rental rehabilitation funds to
an Owner for an identifiable rehabilitation project, Contractor shall execute
a legally enforceable agreement, containing remedies adequate to enforce its
provisions, with the Owner under which the Owner agrees not to convert the
units in the project rehabilitated with rental rehabilitation funds to
condominium ownership or any form of cooperative ownership not eligible to
receive rental rehabilitation funds (as provided in 24 L,R 511.10(c)) for at
least ten (10) years beginning on the date on which the rv,.habilitation of the
units in the project is completed.
Section IX. DISCRIMINATION AGA MST SUBSIDIZED TENANTS
Prior to the time Contractor agrees to provide rental rehabilitation funds to
an Owner for an identifiable rehabilitation project, Contractor shall execute
a legally enforceable agreement, containing remedies adequate to enforce its
PAGE 2 OF 4
1 `
provisions, with the Owner under which the Owner agrees not to discriminate
against prospective tenants on the basis of their receipt of, or eligibility
for, housing assistance under arty Federal, State or local housing assistance
program or, except for a housing project for elderly persons, on the basis
that the tenants have a minor child or children who will be residing with
them, for at least ten (10) years beglnning on the date on which the
rehabilitation of the units in the project is completed. 1
Section X. USE OF REMTAL REHABILITATIRN_FUNDS FOR HQUSING FOR FAMILIES
Contractor shall ensure that an equitable share of rental rehabilitation
funds provided under this contract will be used' to assist in the provision of
housing designed for occupancy by families, including large families with
children. This requirement will be deemed satisfied if at least 70% of the
rental rehabilitation funds made available to Contractor is used to
rehabilitate units containing two or more bedrooms and at least 15% are made
available to rehabilitate units containing 3 bedrooms or more.
Section XI. PRIORITY FOR USE OF RENTAL REHABILITATION FUNDS
Contractor shall ensure that a priority will be given to rehabilitating
projects containing units with substandard conditions that are occupied by
very low-income families before rehabilitation.
Section XII. NONDISCRIMINATION AND EOUAL 0 PORTUNITY
Contractor agrees that rental rehabilitation funds will be made available in
conformity with the nondiscrimination and equal opportunity requirements
contained in the applicable laws and regulations which are set out in
Sections I and III of Exhibit C of this contract. Failure of Contractor to
meet the requirements of such applicable laws and regulations will result in
appropriate corrective or remedial action as provided for in this contract,
in addition to any othe~,sanctions authorized by law.
Section XIII. AFFIRMATIVE MARKETING OF UNITS
A. before the establishment of a program account on behalf of Contractor
under the C/1+1 system is authorized by Department, Contractor shall adopt and
submit to Department written procedures and requirements for affirmatively
marketing units in rehabilitated project!,: through the provisions of
in,lormation regarding the availability of units that are vacant after
rehabilitation or that later become vacant. Affirmative marketing steps
consist of good faith efforts to provide information and otherwise to attract
eligible persons from all racial, ethnic and gender groups in the housing
market area to the available housing. At a minimum, the affirmative
marketing requirements and procedures adopted must be it conformity with 24
CFR 511.10(m)(2)(i). Contractor shall establish assessment procedures and
criteria for its affirmative marketing program and shall annually assess such
program to determine whether good faith efforts have been made to carry out
such procedures and requirements, what objectives have been met, and what
corrective actions are required.
PAGE 3 OF 4
N. Prior to the time Contracto► agrees to provide rental rehabilitation
funds to an Owner for an identifiable rehabilitation project, Contractor
04H execute a legally enforceable agreement, containing remedies adequate
tQ Anforce its provisions, with the Owner under which the Owner agrees to
cQMrly with the conditions of Contractor's affirmative marketing requirements
and procedures adopted utider subsection (A) of this Section XIII that shall
be Applicable for a period of seven years beginning on the date on which all
the units in the project are completed,
Section XIV, SELECTION OF PROPOSALS AND EVIDENCE OF FINANCIAL. FEASIBILITY.
Before the establishment of a program account on behalf of Contractor under
the C/MI system is authorized by Department, Contractor sha"1 develop and
submit to Department written standards and procedures governing Contractor's
selection of proposals of Owners which include but are not limited to, (1)
the extent to which the proposal represents the efficient use of rental
rehabilitation amounts and voucher and certificate assistance in connection
therewith, and (ii) the extent to which the dwelling units involved will be
adequately maintained and operated with rents at the levels proposed.
Moreover, before selection of a proposal by Contractor occurs, Contractor
must have evidence demonstrating the financial feasibility of the proposed
rental rehabilitation project, including the availability of non-Federal
governmental and private resources.
i
PAGE 4 OF 4
1
Exhibit B
THE. APPLICABLE LAWS AND REGULATIONS
Contractor shall cuaipi, with th4 Act specified in Section 3 of this contract
and with the rules and regulations promulgated thereunder pertaining to the
Rental Rehabilitation Program in 24 C.F.R. Part 511, as amended; the OMB
Circulars and the Management Standards specified in Section 6 of this
contract; and with all other federal, state, and local laws and regulations
applicable to the activities and performances rendered by Contractor under
this contract including but not limited to the laws, and the regulations
promulgated thereunder specified in Sections I through V1 of this Exhibit C.
I.
CIVIL RIGHTS
Title VI of the Civil Rights Act of 19640 (42 U.S.C. Sec. 2000d et seq.); 24
C.F.R. Part 1, "Nondiscrimination in Federally Assisted Programs of the
Department of Housing and Urban Development - Effectuation of Title VI of the
Civil Rights Act of 19640;
Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42
U.S.C. Sec. 3601 et seq.);
Executive Order 11063, as amended by Executiv Order 12249, and 24 C.F.R. Part
107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order
11063." The failure or refusal of Contractor to comply with the requirements
of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the
imposition of sanctions specified in 24 C.F.R. 107.60;
The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and
"Nondiscrimination Bated' on Handicap in Federally-Assisted Programs and
Activities of the Department of Housing and-Urban Development," 48 Fed. Reg.
22470 (May 18, 1983) and 48 Fed. Reg. 27528 (June 15, 1983) and
The Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et seq.).
II.
LABOR STANDARDS
The Davis-Bacon Act, as amended (40 U.S.C. Secs. 276a - 276a-5) as applicable.*
The Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as
applicable.*
'See Section 21 of this contract.
III.
EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec.
1101u). ,
Executive order 11246 and the regulations issued pursuant thereto (41 C.F.R.
Chapter 60).
PAGE 1 OF 2
Executive Orders '(1625, 12432, and 12138.
IC BEAD-BASED PAINT
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Secs. 4821-4846) and
implementing regulations at 24 C.F.R. Part 35.
V. tMMIRONME TAL STANDARDS AND HISTORIC PRESERVATION
Section 104(f) of the Housing and Community Development Act of 1914 (42 U.S.C.
Sec. 5301 et.seq.) and 24 C.F.R. Part 58.
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.).
The National Historic Preservat-lon Act of 19t,6 (16 U.S.C. Sec, 470 et seq.) as
amended; particularly Section 106 (16 U.S.C. Sec. 470x);
Executive Order 11593, Protection and Enhance(ient of the Cultural Environment,
May 13, 1971 (36 Fed. Reg, 8921), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.C. S,,'. 469 et seq.), particularly
Section 3 (16 U.S.C. Sec. 469a-1), as amended by the Archeological and
Historic Preservation Act of 1974;
Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et seq.) as
amended, particularly Sections 102(a) and 202(x) (42 U.S.C. Sec. 4012a(a) and
Section 4106(a));
Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg.
26951), particularly Section 2(a);
Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg.
26961), particularly Set,tions 2 and 5;
The Coastal Zone Management Act of 1972, (16 U.S.C. Sec.,1451 et seq.) of
amended, particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d));
The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.). and
(21 U.S.C. Sec. 349) as amended, particularly Section 1424(e) (42 U.S.C. Sec.
300h-303(e));
The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended,
particularly Section 7 (16 U.S.C. Sec. 1536);
The Wild and Scenic Rivers Act of 19689 (16 U.S.C. Sec. 1271 et seq.) as
amended, particularly Section 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c));
The Clean Air Act (42 U.S.C. Sec. 7401 et seq.) as amended, particularly
Section 176(c) and (d) (42 U.S.C. Sec. 1506(c) and (d)); and,
24 C,F.R. Part 51, Environmental Criteria and Standards.
V-. USE OF DEBARRED. SUSPENDED OR ---ELIGIBLE CONTRACTORS
24 CFA Part 24, Debarment, Suspension and Ineligibility of Contractors and
Grantees; Administrative Sanctions
PAGE 2 OF 2
1
Exhibit C
SCHEDULE FOR COMMITTING RENTAL REHABILITATION FUNDS
Contractor shall have rental rehabilitation funds received under this contract
committed to specific local projects in accordance with the timetable set out
below. "Commit to specific local projects' meaes a legally binding agreement
between Contractor and an Owner under which the Contractor agrees to provide
rental rehabilitation funds to the owner for an identifiable rehabilitation
project that can reasonably be expected to start construction within 90 days
after the commencement date of the agreement and the owner agrees to start
construction within that period, Upon written request by Contractor,
Department may, at its sole option and in its sole discretion, alter and amend
the schedule for committing rental rehabilitation funds by written letter of
notification. This notification procedure shall be an exception to Section 16
of this contract requiring all amendments to be in writing and executed by
both parties thereto.
lst Quarter 2nd Quarter 3rd Quarter 4th Quarter
FFY 19B6 FFY 1986 FFY 1986 FFY 1986
January-March ` April-June July-September October-December
$-0- $17,500.00 $35,000.00 $70,000.00
Ist Quarter 2nd Quarter 3rd Quarter 4th Quarter
FFY 1987 FFY 1987 FFY 1987 FFY 1987
January-March April-June July-September October-December
$1000040.00 $-0- ;-0• Y-O-
Page 1 of 1
ID
MYODENMN,TEXAS MUNICIPAL BUILDING OCNTON, TEXAS 76707 / TELEPHONE (817) 566.8200
March 7, 1986
M E M O R A N D U M
TO: Mayor and Members of the City Council
FROM: Victor Schneider, Tax Technician
THRU: William J. Anderson, Assistant Director of Finance
SUBJECT: Approval of Tax Refund
RECOMMENDATION:
Tax Technician recommends that tax refund be issued.
SUMMARY:
Chapter 31, Section 31.11 of the Texas Property Tax Code
requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. Taxpayer, Stewart
Title of Denton County, inc., has requester) a refund in
the amount of $662.04 for a double payment of City tax
account number 3203-00200.
BACKGROUND:
Kelly-Moore Paint Company paid their taxes on January 30,
1986. During a title search in early January, Stewart
Title of Denton County, Inc., found the taxes to be due
and paid them on January 31, 1986. Our retards indicate
a total of $1,324.08 was paid against a tax base of $662,04.
Stewart Title of Denton County is requesting the difference
of $662.04.
FISCAL IMPACT:
$662.04 to be refunded.
Respectfully submitted,
lictor Schneider
'Fax Technician
i
William J. Anderson
Assistant Director of Finance
State Property Tax Board
Tax Refund Application 31sik (2/82)
APPLICATION FOR TAX REFUND
Collecting Office Name /
Collecting Tax For: 0,- 1_ e/) , Ti-Fn units) 7Cd'dress
City, State Zip Code
n.................~........r..r ---..------w-r-------
In order to apply for a tax refund, the following informacion must be provid..J
by the taxpayer.
IDENTIFICATION OF PR PERTY OWNER:
Name: 17) c)re pr.);,
Address:
Telephone um er a Iona information is needed):
IDENTIFICATION OF PROPERTY:
Oescripti n of Property: r l
ress or Location o roper y:
Account Number of Property: std=3-[~c~GX~ or ax Receipt Number:
INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year for Amount of Tax
From Which Refund Which Refund Date of the Amount of Tax Refund
Is Requested is Requested Tax Payment Taxes Paid Requested
1. ! r c~ 19-IL- ' 3Q 19 0 S
2 . 19 1 _3 -Z:/ 19 S d, i _ E
3. 19 /19 $
Taxpayer's reason for refund (attach supportin documentation):
7~3✓!7i c-rlI{s rn .zd/G ~~Z/ Lyn N Ti Cc
"I hereby apply for the refund of the above described taxes and certify
that the inf rmation I have gqiven on this four is true and correct."
STEWART TITLE~OF DENTO? ,COUNTYt INC.
) l 11 r \ A /0 I, i March 5, 1996
gna ure Date of Application for ax Refund
~~..r.......w.......r.r....r------r..r__---------r_____________r_..____..__.._.__.r_
DETERMINATION FOR TAX REFUND: Approval Disapproval
51gnatur'e- o Authorized Officer ate
gna ure o res ng Officer(s) o Taxing Date
V,iit(s) for refund applications over $500
STEWART TITLE OF DE.NTON COUNTY1 INC. FIRST STATE BANK OF DENTON
Oanlon, Ts>tas
' • ~ . 100 NORTH LOCUST ,
11920
+ DENTON, TEXAS 7 /
~~1~7 il'1111 DATE _,.]d~`IICI RM.2
1 I
.~I T, 4 1 N r WoI FN I~1 88 D 9N4 CY I/ [ NIIiO1M0 0 TL
~ PAID
TO THE CITY'OF AENTON TAX DFPARMTN:1
11ti.ORDER OF- JAN "A-1-0c
$662~ri
wnAr
t 1a ~•SrE T11l.E
S S Fjw r'9JTLE10FI)r ToNcouNrr INC.
~j 19
' ! 1.' .0{•
0.', f . 'y ESC ii Ow
PAY COUNT '
, .,!I:ir,;;,;; SISAL AN9
Y.', OF ~_C181I ~,ge5 r_Y Kelly-Moore Y int IF PINION TUAS
NW part ofaBlk,. ~i;.,Wooded Acreg 11}~]+ 1114116
30200
aIII L4>,47421: Its I
03 5677 roll 11'0000066 20410
,r
,I
1, m
` CZ ,
CITY of DENTON DENTON, TE"S 70201
M E M O A N D 1; M
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell, city manager
DATE: March 1.1, 1986
SUBJECT: SPRING FLING FANNERS
RECOMMENDATION:
Due to the limited advertisement avai.l.able to the Spring Fling Fest{.val.
(i.e., pamphlets and posters) as a rosult of financial restraints, Staff
recommends assisting the Spring fl.in:l Festival in their efforts by
allowing them to hang six (6) bannors across public streets i•rom
March 31, 1986, to April 20, 1986.
BACKGROUNDS
This recommendation is in line with our practices of the past. For
previous Spring Fling Festivals, the City permitted the hanging of
banners to announce the festival.
Although the bannors will present a potential safety problem for pedes-
trians, if they are blown down, we intond to take steps to prevent such
an occurrence. First, the specifications for the banners were written
to provide for heavy duty banner cloth and durable no-stretch ropes.
Secondly, we have made plans for our Staff to inspect the banners to
assure they comply with the specifications. Thirdly, the installation
of the banners wV 1 be performed by cur Staff. And finally, continuous
patrolling of the banners will be done once they are hung. These
methods represent an improvement in our safety practices from the past.
In an attempt to reduce the risk that a banner may be blown down, all
possible safety measllrco ara being considered.
SPRING FLING BANNI':Itf;
March 11, 1986
Page 7_
PH(K;RAMS, DI PAN7~Mh;N'f't_ OR (;P01JP S Ate I'l."C'VED:
This prl.mnry persons or division which shall be affected by the accep-
tance of this recommendation are t:ho City'n Spring Fling Committee
representatives and the Electric Uiotr.ibullon Division. The Spring
fling representatives wrote the banner spoci£ications and will be
required to inspect them. The Electric uintribution Division will be
called upon to place the banners in six (6) locations throughout thr,
City (i.e., two (2) shall he placed on tho Square, two (2) on Carroll
Boulevard, south of the University intersection, and two (2) on Bell.
Avenue, bet:woon University and Texas Street) and remove them following
the festival. The above-mentioned divicaion and persons will be totally
responsible for the banners and all. that are involved with them; and
with the steps planned to assure the maxin+um amount of c3afety, we do not
anticipate the involvement of any other persons or divisions.
PTSCAL IMPACT:
'T'here is no .impact on the Ceneral Fund.
Refl ctfully submitted:
Lloyd Harrell
city Manager
PREPARED HY:
Harlan J son
Administr tive Assistant
APPROVED;
ohn McGrane
Financo Director
pw2
0375L (29L)
R K S 0 L U T I O N
WHE.KEAS, ot: Saturday, April 19, 1986, the Sigma Alpha Nu
Fratarnity is r.ponsoring an Spring Renaissance to be held on Fry
Strout: botween %hu intersection of Oak and Hickory; and
WHF:NEAS, all nbutting property owners of the street have
• given Hioir permission to the temporary closing of said street;
alit]
WHEREAS, the Spring Renaissance is open to the general
public of of the City and County of. Denton; and
WHEREAS, in oru'er to provide adequate space for the said
Renaissance and in order to protect the safety of citizens who
attend, the City Council of the City of Denton deems it is
necessary to temporarily close a portion of Fry Street between
Oak Street and Hickory Street from the hours of 8:00 A.M. until
6:30 P.M. on April 19, 1986; NOW, THEREFORE;,
BE IT RESOLVED ey THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
Tnat Fry Street between ijak Street and Hickory Street shall
be temporarily closed as a street or public thoroughfare of any
kind or character whatever on April 19, 1986 from 8:00 A.M.
until 6:;30 P.M. for the purpose of holding the Sigma Alpha Mu
Spring Renaissance.
SECTION 11.
That the portion of the above described streets shall revert
back to the City for normal traffic activity immediately from
and after 6:30 P.M. on April 19, 1986,
ti Et:'1' l ON I I I.
hint in the event of rain, said street may be closed on
April 26, 1986.
SECTION IV.
That this resolution shall take effect and be in full force
and effect from and after the date of its passage and approval.
PASSED AND APPROVED this Lhe day of March, 1986,
RICHARD 0. ST
CITY OF DENTON, TEXAS
ATTEST:
CW 0`77K=N, CITY SECRIL"~
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:,/~ 1,
Feb 9 86
We, the undor,-i]rned merchtint^ of Pry Street, give our per-
mission for the closint of Fry '~treet botwoen Oak St. and Hickory
St. on April T9th (rain date April 76th) from 8 00a.m, 6130 p.m,
for the 7th annual Sigma Alpha Mu Fry St. Fair, Proceeds will
benefit the United Way of Denton.
r
fiA
30 jog
1
Fls..'Y~C:V~-C~'yJ J-.c4c~"C~~i ^ ~ ~ i , . ~ ~ ~•f y ~ Y C Cf ! C•`~ !2'~ /f i
56
7•
84
96
I0.
Feb 9 86
Wo►tllc uz(lorsd,gnod owners of proporty ors Pry Street, give
our perms: ; ion for the closing of Fry Street between Oak St.
and Hickory St. on April 19th (rain date April 26th) from 8:00a.m.-
613op►m. for the 7th annual Sigma Alph Mu Fry St, Fair. Proceeds
will benefit the United Way of Denton.
I.
41
5, ~YVY,~/l. f Yl~ 1,~!l
6,
7.
8,
i
DWE: 03/18/86
CITY COUNCIL,I131ORT FORMAT ~l
J
TO: mayor and Mombe ra of the C. t y Council
FROM. Lloyd Harrell, City Managor
SUIts] PUBLIC: HFARIN(; TO AMEND ZONING ORDINANCE
RECOMME14DATION:
The Planning and Zoning Commission voted to recommend approval of
thin item by a vote of 5-0 at its meeting of, March 120 1986.
SUMMARY:
This is a request to amend the Zoning Ordinance to allow art
galleries and museums in residential districts l)y specific use
pe rmi t.
BACKGROUND:
Specific use permits will allow the Planning and Zoning Commission
and City Council to consider requests for art. t ' Ialleries and museums
in residential districts on an individual banin.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
Respectfully submitted:
loyd Wrrell
Prepared by: City eager
r r" -
Denise Sp vey`
Urban Planner
Appro ed
Jeff Mey
Director of Planning
and Development
0167e/7
CITY OF DEN`.l'oN
MN'MORANDUM
DATc; March 12, 111,86
TO: City Council
FROM: Denise Spivey, Urban Planner
SUBJECT: AMENDMENT OF ZONING ORDINANCE
The Denton County Historical Museum is requesting a specific use
permit at 1035 West Oak Street to operate a museum at that location,
however, the zoning ordinance must first be amended to allow the
operation of a museum in a single family district with a specific
uae permit.
Art.icl-- 10 of the City of Denton Zoning ordinance defines the
purpose of specific use permits as follows: "Thix section provides
the City Council the opportunity to deny or conditionally approve
those uses for which specific use permits are required. These
uses generally have unusual nuisance characteristics or are of a
puljlic or semi-public character often essential or desirable for the
general convenience and welfare of the community. Because, however,
of (-.he nature of the use, or possible adverse impact on neighboring
properties of the use, review, evaluation, and exercise of planning
Judgment relative to the location and site plan of the proposed use
are required." While all sites in single family zoning districts
are certainly not appropriate as museum locations, some sites may be
suitable for that use and the specific use permit process allows the
planning and Zoning Commission and City Council to consider each
request on an individual basis. Furthermore, the City Council may
impose development conditions including a time period for which a
specific use permit is valid to protect neighboring properties.
L;a'11, t.
Denise Sp ve
ss
1236s
P 8 Z Minutes
March 12, 1986
III. PUBLIC HEARINGS
A. Consider recommending adoption of an ordinance amending
Appendix B-Zoning of the Code of Ordinances of the City
of Denton, Texas, to allow art galleries and museums in
~~af residential districts by specific use permit: providing
for a penalty in the maximum amount of $1,000,00 for
violations thereof.; and providing; I'or an effective date,
STAPf RE-PORT: Ms. Spivey stated that the Denton County
Ifiafortc- al-commission is requesting; a specific use per-
mit at 1035 West Oak Street to operate a museum at that
location; however, the zoning ordinance must first be
amended to allow the operat';on of a museum in a single
family district with a specific use permit. She said
that Article 10 of the City of Denton Zoning Ordinance
defines the purpose of specific use permit as follows:
"This section provides the City Council the opportunity
to deny or conditionally approve Loose uses for which
specific use permits are required, 'T'hese uses generally
have unusual nuisance characteristics or are of a public
or serni-public character often essential or desirahle
for the general convenience and welfare of the community,
Because, however, of the natura of the use, or possible
adverse impact on neighboring properties of the use, re-
vlow, evaluation, and exercise of planning judgment rela-
tive to thelocatlon and site plain of the proposed use are
required." She said that while aril sites in single family
zoning districts are certainly not appropriate as museum
locations, some sites may be suitable for that use and
the specific use permit process ;allows the Planning and
Zoning Commission and City Council to consider each re-
quest on an individual basis. She said that City Council
may impose development conditions including a time period
for which a specific use perinit is valid to protest neigh-
boring properties.
IN FAVOR: Yvonne Jenkins, Director of Denton County
ITT-storTai Museum, stated that they are definitely in
favor so that the museum will have a home while the
county courthouse is undergoing renovation, She said
that she believed that the Ever's house is appropriate
because it belonged to one of Denton's pioneer families.
She said that she believed the museum would be an asset
and not too much intrusion on the neighborhood,
Nancy Boyd, 1023 Kest Oak, asked about the penalty.
Nis. Spivey stated that when the conditions of the
ordinance for the specific use permit are violated, the
person can be fined up to $1,000,00 per day,
Mr, Claiborne asked if the City could evict the violater
if conditions are not met or if fine is n-t paid.
Nis, Carson stated that the person could be taken to court
and other actions can he taken.
OPPOSED: None present.
Chair declared public hearing closed.
DECISION: Nir, Escue moved to recommend adoption of an
ordinance amending Appendix B-Zoning of the Code of
ordinances of the City of Denton, Texas, to allow art
galleries and museums in residential districts by speci-
fic use permit; providing for a penalty in the maximum
amount of $1,000,00 for violations thereof; and provid-
ing for an effective date, Seconded by Mr. Juren and
unanimously carried (5.0).
.ltd v~U1LVe1NCh: rl!11S~JIlI~;G AI'i'Fi'JlilJ( il-I,UNIJG OF THE CODE OF ORDINA:JCES
OF I'HP; C1'i'Y uli ol';N'i01d, 'tkXAS, TO ALLOW ART GALLERIES Ao-ID MUSEUMS
IN RI;,` WENTIAL DISTAItA"; BY .+I'i;~;(l"I1; USE PEkNIf; PROVIUI:JG FOR A
PENA1.1'Y IN 'I'IIE MAXIMUM AMOUNT o 0 ,000.00 FOR VIOLATIONS THr.'RE-
OF; AND 1'ROVI1;JNI; VOK AN
I?F1'l:C'!'IVli DATE.
• THE' COUNCIL OF THE CITY OF OEINTO N HEREBY ORDAINS.
SECTION I.
That the Schedule of Uses of Article 7C of Appendix B-'Zoning
as it applies to art galleries and museums, is hereby amended to
read as follows:
'IYPEUSR
r
_ C EDUCATIONAL„ lN"MMONAL A SPLCIAL VSU
R
~AMOAUJAY OR HVWJU S 5
5 5 a 5
L - - 1
SECTION 11.
Any person who siiall violate n provision of this ordinance,
or falls to comply therewith or with any of the requirements
thereof, oc of a permit or certificate issued thereunder, shall
be guilty of a misdemeanor punishable by a fine not exceeding
One Thousand Dollars ($1,006.00) Each such person shall be
doomed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECTION Ill.
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption, of this ordinance to be
published twice in the Denton itecord-Clironicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage.
PASSED AND APPROVED this the day of , 1986.
R
CITY OF DENTON, TEXAS
ATTEST:
EWL SECRE4" W
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: --(-~-~x
-~=y~ i
DATE: 03/18/86
CITY COUNCIL Rgekff_EL)R!'1AT
TO, Mayor and Membarp or the City Council
VROM: Lloyd Harrell, 0A y Manager
SUB:ECT: HOLD A PUBLIC HKARtNG CONCERNING THE REQUEST OF BELLAIRE WEST
PARTNERS FOR ANN,:dA'rION OF APPROXIMATELY 102.49 ACRES BEGINNING
ADJACENT AND NORTH OF .1IM CHRTBTAL ROAD, SOUTH OF U.S. HIGHWAT 38OW,
APPROXIMATELY 1/2 MILK EAST OF RGAN ROAD AND 3/4 MILE WEST OF
UNDERWOOD ROAD (A-34)
RCOMMSNDATIO
The Planning and Zoning Commission recommended approval of the
annexation at its meeting of February 12, 1986.
Pit h„LMARY .
This is a voluntary request for annexation and light industrial
zoning. Specific development plans have not been revealed, and it
is unlikely that any have been formulated to date. The site is
located north of existing city limits along the south side of Jim
Christal Road approximately 3/4 to I mile west of the Municipal
Airport. An annexation strip is also in place north of the traot
along Highway 380W.
BACKGROUND:
Not applicable
Up GRAMS, UEPARTMSNTS OR GROUPS AFFRCTED:
No existing housing structures or population are included in the
area of request.
FISCAL IMPACT:
Undetermined
Respectfully submitttted:
Lloyd ar.rell
Pr(e1p`are b~y~:~ City anager
David Ellison
Senior Planner
Appro d:
4
Jeff Meyer
Director of Planning
and Development
1518g/2
CITY COUNCIL AGENDA
n(ICK-UP SUMMARY 499RT
MKKTIN0 DATE: March 18, 1986
SUBJRCT: Hold a public hearing concerning the request of
Bellaire West Partners for annexation of
approximately 102.49 acres beginning adjacent
and north of Jim Christal Road, south of U.S.
Highway 38041, approximately 1/2 mile east of
Rgan Road and 3/4 mile west of Underwood Road
(A-34)
SUMMARY: This is a voluntary request with an accompanying
petition for light industrial (LI) zoning. The
tract is located approximately 3/4 to 1 mile
west of the Municipal Airport. The owners have
riot submitted any information regarding specific
development plane for the site. The Planning
and Zoning Commission will make its recommenda-
tion on the zoning request at its meeting of
March 26, 1986.
The nearest existing city limit line begins south
of the site along Jim Christal Road and north
along Highway 38OW. No existing structures or
population are included in the area of request.
Jim Christal Road is a county maintained road.
Perimeter street paving will be required along
the entire width of the tract if developed
regardless of the result of the annexation
request. Some flood plain area exists within
the site.
ACTION RBQIIIHdD: Hold a public hearing.
RKCOMMRNDATION: The Planning and Zoning recommends approval of
the annexation.
ATTACHMENTS: Map
David Ellison
Senior Planner
15)Bg/I
1307L
N-
NOTICE O PUBU C HE:AAINGS ON PROVOSED ANNEXATION
NOTICE; IS HEREBY GIVEN 1-0 ALL INTEaESTE:D 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 corpo-cate limits of the
City of Denton.
A Public Hearing will be held by and before the City Cquncil
of the City of Denton, Texas, on the -r~-c day of 0
1986, at 7:00 o'clock P. M. in the C ti y council Chambers o the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice.
A Public Hearing will be held by and before the City. ouncil
of the City of Denton, Texas, on the / day of
1986, at 7:00 o'clock P. M. in the C ty ouncil C ere of-ML
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
STE CI Y OATTEST:
L ,
UHIBIT "A"
411 that certain tract, or paccel of land lying and being
situated in the Myers,. Johnson, Brummet and Green Survey,
Abstract 1699, said tract being part of a 176 acre tract
No. 11 and part of a called 65,5 acre tract No. to, shown
by dead to W. T. Evers, a widower, recorded in Volume 3990
Page 539, Deed Records of Denton County, Texas, and being
more particularly described as follows;
b
BEGINNING at a point in the present city limits 46 estblis
by Ordinance No, 83_900 said point lying in an East andaWesthed
road known as Jim Christal;
THENCE North 00.1114010 West passing at approximately 25 feet,
more or less, the North boundary line of said road, same being
the Southwest corner of a 102,34 acre tract, said tract being
part of the above mentioned Evers tract, and continuing along
the West boundary line of said 102.34 acre tract, a total
distance of 3,031.04 feet, more or less, to a point for corner,
said point being the Northwest corner of said 102,34 acre tract
and lying in the South boundary line of said Barb Survey;
THENCE South 89°2848" East along said tract North boundary
line and said survey line, a distance of 1,486.80 feet to a
point for corner, same being the Northeast corner of said
102.34 acre tract and said 176 acre tract;
THENCE South 00°1114011 East along said tracts East boundary
line passing at 30064.31 feet the Southeast corner of said
tract and a Northwest Southeast fence tine, said point also
being the North right-of-way of Jim Chcistal Road, and
continuing a total distance ,f approximately 3,090.5 feet, more
or less, to a point for a corner in the present city limits as
established in ordinance No. 93-90, and in said road;
THENCE North 73000' West alone, .aid present city limits and in
said road to a point for corns.,;
sTHENaidCrEoadNorathd8is2talong said 0a101
feet to present
point limits and in
point for corner; id pr saidCroaduto the4placesofabeginning ands containing1103.2a c in
of land, acres
1167s
A s
M
1 1
I.~AN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the Clay of Denton is contomplating annexation of an
area which is bounded aN Hhown on a map of Lhe 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 970% 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 4.09, of aprondix A of the code of the
City of Trenton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, Texas.
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintonn.nco of streets (repair of hazardous
chuckholes, measureH necessary for traffic flow, etc.)
will begin on the eft'octive 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, conairuction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
Policies of the city,
G. Inspection Services
(1) Any inspection services now provided by the city
(building, olectrical., 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.
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc,, on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
Service Plan
Annexod Aroita
Page threo
L. MiscelI1010Ous
(1) St;root name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
lines as:
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city.
(3) Impact on 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.
O t „ r
r 1 j * .Cy 'Gents, rtd • 0,1
\
16
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1
P i Z Minutes
February 12, 1986
Page 18
DECISION: Ms. Brock moves to recommend approval of an
or n nce of the City of Dei,ton, Texas, abandoning and
vacating certain utility oasements as described herein;
and declaring an effective date. (Southern Hills Addition)
Seconded by Mr. Escue and unanimously carried (6-0),
F. A-30, Proposed annexation of approximately 614.6 acres
FegTnnIng north of Old Alton Estates, south of Ryan Road,
west of FM 1181, and east of G,C, 8 S.F. Railroad.
STAFF REPORT: Mr. Ellison stated that the roads included
In s annexation would be maintained by the City. He
said that staff recommends that the following at a minimum
be annexed: (1) 175 acre voluntary portion petitioned by
Richard Compton and R. J. Button; (2) 80 acre Acme Brick
site; and (3) 217 acres along the south side of Hickory
Creek Road,
DECISION: Mr. Claiborne moved to recommend approval of
propose annexation of approximately 614,6 acres beginning
north of old Alton Estates, south of Ryan Road, west of FM
2181, and east of G.C. 8 S.F. Railroad. Seconded by Mr.
Escue and unanimously carried (6-0).
G. A-33, proposed annexation of 115.525 acres located at
Kings Row and proposed Loop 288, south of Oak Bend Estates,
and south of Silverdome Road,
STAFF REPORT: Mr. Ellison stated that this is a voluntary
anriexat on request by Teasley Road Associates. He added
that the DISD has sv.bmi:ted a preliminary plat for a 10
acre school site in thi:i proposed annexation. He said
that this area has ? fairly strong development potential,
Mr, Juren asked if Oak Bend Estates is included in this
annexation. Mr. Ellison said no,
DECISION: Ms. Brock moved to recommend approval of
p opose annexation of 125.525 acres located at Kings Row
and proposed Loop 288, south of Uak Bend Estates, and
south of Silverdome Road, Seconded by Mr. Escue and
unanimously carried (6-0).
r.H A-34. Proposed annexation of approximately 102,49 acres
begT;ning adjacent and north of Jim Christal Road, south
of U.S. Highway 380 west, approximately 1/2 mile east of
Egan Road and 3/4 mile west of Underwood Road.
STAFF REPORT: Mr, Ellison stated that this is a voluntary
request wTF an accompanying petition for light Industrial
(LI) zoning. The tract is located approximately 3/4 to 1
mile west of the Municipal Airport and the owners have not
submitted any information regarding specific plans for the
site. He said that there are no existing structures or
population in the area of request. He said that this
would be a benefit to the City and that there is a need to
analyze these remote areas of the City.
DECISION: Mr. Escue moved to recommend approval of pro-
posed annexation of approximately 102,49 acres beginning
adjacent and north of Jim Christal Road, south of U.S.
Highway 380 west, approximately 1/2 mile east of Egan Road
and 3/4 mile west of Underwood Road, Seconded by Ms. Cole
and unanimously carried (6.0),
1. DISCUSSION OF PROPOSAL FOR AN AMENDMENT TO THE CITY
which currently perm s a tavern or club to
operate within only 100 feet of a dwelling.
A-34
ANNEXATION SCHEDULE
►~February 24, 1986 Submit agenda item
February 26, 1986 Submit agenda back-up
* March 4, 1986 City Council sets date, time and place
for public hearing
March 5, 1986 Notice to Denton Record Chronicle
March 7, 1986 Publish notice and mailout
March 10, 1986 Submit agenda item
March 12, 1986 Submit agenda back-up
* March 18, 1986 City Counc+l holds first public hearing
March 19, 1986 Notice to Denton Record Chronicle
March 21, 1986 Publish notice and mailout
March 24, 1986 Submit agenda item
March 26, 1986 Submit agenda back-up
March 26, 1986 Planning & Zoning Commission makes
recommendation on proposed annexation
* April 1, 1986 City Council holds second public hearing
April 7, 1966 Submit agenda item
April 9, 1986 Submit agenda back-up
* April 15, L986 City Council institutes annexation
proceedings
April 17, 1986 Ordinance to Denton Record Chronicle
April 20, 1986 Publish ordinance
May 12, 1986 Submit agenda item
May 14, 1986 Submit agenda back-up
* May 20, 1986 Final action by City Council at regular
meeting
* Denotes action by the City council
09648
DATE: 03/18/86
CITY COUNCIL REPORT FORMAT
TO Mayor and Members of the City Council
FROM: 1, 1oyd Hotrc,ll, City Manager
SUB,IFCT. Hold n Muhl fu hearing concerning the proposed An exation of
approxfmntuly 226.70 acrviu hciuy tart of the J. Ayers Survey,
Abst•racl: 2, W. Hurleaon Survey, Ahatract 93, J. Burleson Survey,
f Abstract 91, S. M. Williamr, Survey, Abstract 1282, J. Carter Survey,
Abstract 237, W. Pogue Surv,ay, Abstract 1013, and the F. Jaime
Survey, Abstract 664, and beginning east of 1-35N and continuing in
an easterly and northeasterly direction generally along Rector Road
to a point approximately 21500 feet west of F.M. 2164. (A-40)
RECOMMENDATION:
Approval of the ordinance,
SUMHARY:
The annexation is to protect against adverse development in Denton's
extraterritorial jurisdiction and to increase potential for control
of area surrounding the City of Denton's future water reUOUrce-
BACKGROUND:
Description and map are attached.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
City growth patterns
FISCAL IMPACT:
Undetermined
Respectfully submitted:
logs H~Prrell
Prepared by: City Manager
"a
hlA~ ~ar
David Ellison
Senior Planner
Appr
I
Jeff Meyer
Director of Planning
and Development
0157e
1354L
NO'T'ICE UFPUBLIC HF:AKINGS 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 and incor-
porated by reference herein, to the corporate limits of the City
of Denton.
A Public Hearing will be held by and before the City C until
of the City of Denton, Texas, on the /l~~'~_`' day of
1986, at 7:00 o'clock P. M. in the C ti y council C am ers o the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard, Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice.
A Public Hearing will be held by and before the City. ouncil
of the City of Denton; Texas, on the day of
1986, at 7:00 o'clock P. M. in the C ti' younci.l C it ers o t e
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice.
I a. S E MAYOR
CI Y OF DIENTON, TEXAS
ATTEST:
L SE RET Y
i
• EXHIBIT "A"
All ty that of o Daenmteoinn, tract
Stracatte or of Pat"' l or
coun
beiandng Lying a ing part and or being ng J. situated ed In
and land
the
Sunrvey,
Abstract 2, W. Burlo6on Survey, Abstract 93, J, Burleson Survey, Abstract 91,
S. M. Williams Survey, Abstract 1282, J. Carter Survey, Abstract 237, W. Pogue
' Survey, Abstract 1013, and r. Jaime Surva
described as follows: y, Abstract 664, and more Cully
BCGINNING at a point in the present city limits, said point lying at the
intersection of the Bast boundary llns of the tract described in Ordinance
#86-05 with the center line of an last and West road known as Rector Road,
said point also lying 350 feet Bast of and perpendicular to the center line of
I-35 and the North boundary line of said J. Ayers Survey, same being the South
boundary line of the B. Burleson Survey;
THENCE South 880 40' Beat along said lines a distance of 808.71 Cost, more or
less, to a point for corner, said point lying In the center of sold road, said
point also being a Northeast corner of said J. Ayers Survey, same being the
Northwest corner of said W, Burleson Survey;
THENCE South 89° 35' Bast along the Northern boundary Line of said W. Burleson
Survey a distance of 2,695,0 feet, more or lees, to a point for corner, Bald
point lying in the center of sold road, said point also being the Northeast
corner of said W. Burleson Survey, the Southeast corner of .he B. Burleson
Survey, Abstract 65, and the West line of said J. Burleson Survey;
THENCE North l° 42' 30" Bast along the Bast boundary line of said B. Burleson
Survey, same being the West boundary line of said J. Burleson Survey, passing
the North boundary tins of said road and continuing along said lines to a
point lying In the Bast boundary line of said B. Burleson Survey, said point
also being the Northwest corner of said J. Burleson Sur-.,^v. and, he Southwest
corner of the William Bryant Survey, Abstract 1614, for a corner;
THENCE South 890 07' 03" Cast along the North boundary line of said
J. Burleson Survey, earns being the South boundary tins of said William Bryant
Survey, passing at 2,639.74 feet, more or teem, the Northeast corner of said
J. Burleson Survey, same being the Northwest corner of said S. Williams
Survey, and onntinuing a total distance of 4,211.94 Cast, more or less, to a
point for corner, said point being the Northeast corner of said S. WLtLLame
Survey, same being the Southeast corner of said William Bryant Survey, same
being the Southeast corner of the D. Goddard Survey, Abstract 462, said pant
also lying in the West boundary line of said J. Cater Survey;
THENCE North along the Bast boundary Line of said D. Goddard Survey, same
being the West boundary tine of said Carter Survey, passing at 3300.0 feet,
more or lose, the Northeast corner of said D. Goddard Survey, same being the
southerly Southeast corner of the William Crawford Survey, Abstract 280, and
continuing a total distance of 3,755.12 feet, more or Lees, to a point for
corner, said point being an Inner ell corner of said William Crawford Survey,
sass being the Northwest corner of said J. Carter Survey;
THENCE last along the North boundary line of said J. Carter Survey, same being
the South boundary Line of said William Crawford Survey,
Coat, more or lose, the Southeast corner of said CrawfordpSurvey,asams7being
the Southwest corner of the W.C. Gillespie Survey, Abstract 1465, passing at
3732.96 test, more or less, the Northeast corner of said J. Carter Survey,
same being the Northwest corner of said W. Pogue Survey, passing at 5243.92
Cost, more or lees, the Southwest corner of said Oillsepie Survey, cams being
the Northwest corner of a 15 acre tract of land as conveyed from 0. E. Stockard
to J, t, Stockard by deed dated November 10, 1972 and recorded In Volume 681,
Page 64 of the deed records of Denton County, Texas, and continuing along said
boundary line a total dlmtance of 1,690.89 toot, more or Leas, the Northeast
corner of said tract, said point lying in the last boundary 119 of said Jaime
Survey, same being the Weat boundary tin* of said William Norment Survey;
d-oil !!'1'TV '1G ~u••rn•a
THBNCI South along the Baat boundary line of saEd Jaime survey, same being the
Werrtco brnouendar;ry 11110 of said Normeyt Survey a distance of 500 feet to a point
Co
THMI West 900 fast South of and parallel to the North boundary line of the
above mentioned 15 acre tract ocnveysd to J. 4, Stockard, passing at 2097.0
foot, more or love, the West boundary line of laid tract, cams being a point
In the easterly Weet boundary line of meld Jaime Survey, and the Bast boundary
a line of said W. Pogue Survey, a
and pa of said to the North bounder continuing along said ',Lne 500 feat South of
3957,93 feet, more or lose, the WeItlboundarytd W. Pogue Survey, purvey, Line ca
being the Bast boundary Ltne of raid J. Carterur of said Pogue survey, lams
said lines a total distance of 1,190.89 feet ore or, and continuing along
e o leer, to a point for
corner, told point lying 500 test South of and morrpandioular
boundary line of said Carter Survey, sald Palso Lying 5ng 500 to the North
and perpendicular to the Nest boundary tin* of also l feet Baet of
meld Career Survey;
THBNCK South 500 feet last of and paraleled to the Wart boundary line of said
Carter Survey, a distance of 3,755,12 feet, more or less, to a point for
corner, said point lying 500 test Bast of and perpendicular to the Nest
boundary line of said Carter Survey;
fHBNC6 North 89° 07' 03" West patsLnd at 500 feet the West boundary line of
said J. Carter Survey, same the Bast boundary line of said S. Williams Survey,
and continuing along said line 500 feet South of and parallel to the North
boundary line of said Williams Survey, passing at 2,087.11 feet, more or love,
the West boundary line of said Willisas Survey, same bsl the Bast boundary
lint of said J. Burleson Survey, and continuing along line a total
dLStance of 4226.85 foot, more or leas, to a point for ;nor, said point &Leo
Lying 500 feet South of and perpendicular to the North boundary line of said
J. Burleson Survey, said point also lying 500 feet Bast of and perpendicular
to the West boundary line of said J. Burleson Survey;
THBNCB South V 42' 30" at along a line 500 feet Bast of and parallel to the
West boundary Line of sat J. Burleson Survey to a point 500 feet South of and
500 feat Best of the Northeast corner of the W. Burleson Survey, the Southwest
corner of the 8. Burleson Survey, for a corner;
THBNCR North 69' 35' West passing at 500 feet the west boundary line of said
J. Burleson Survey, same being the last boundary line of said W. Burleson
Survey and continuing along said line 500 feet South of and parallel `o the
North boundary line of said W, Burleson Survey, a distance of 3,191.73 feet,
more or less, to a point '.ying Ln the West boundary line of said W. Burleson
Survey, same being an post boundary 1Lns of Bald J. Ayers Survey;
THBNCI North 880 40' Welt along a line 500 feet South of and parallel to the
North boundary lint of said J. Ayers Survey, a distance of 772.28 feet, more
or lees, to a point for corner, said point lying 500 feet South of and
parallel to a North boundary lLne of said J. Ayers Survey, said point alao
lying In present city limits as established by Ordinance 186-05;
THBNC1 North 20 50' West 350 feet Batt of and parallel to the center line of
1-35 for a distance of 501.33 feet to the place of beginning and containing
approximately 226,70 acres of land.
I
t
I
I~
i
A-40/CITY UF OENTON
w
PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS
WHEREAS, Article 970a as'amended requires that a plan of service
be adapted by the govorning 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 it map of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1. Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service:
1. Basic Service Plan
A, Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markin,,s,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards.
B. Fire
(1) :i.re protection by the present personnel and equip-
mept of the fire fighting force, will be provided
on the effective date of annexation.
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 4.09.. of appendix A of the code of the
City of Denton, Texas.
D. Sewer
(1) Proper%Jes In the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, Texas.
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
Service Plan
Annexod Areas
Page two
F. Streets
(1) Emoi;goncy maintennnr.e of streets (repair of hazardous
chuckholes, measuroig necessary for traffic flow, etc,)
will begin on the effective date of annexation.
(2) Routine maintenance on the semen basis as in the
present city, will begin in the annexed area on
the effective date of Rnnexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G. Inspection Services
,,l) 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) 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
faGi.lities in the enlarged city.
X. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
tea..
w
Service Plan
Annexed Areas
.Page three
L. M isco 1.Ianeou,s
(1) Street name st.gns where needed will be installed
within approximately G 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 poli(;y 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.
o- 7L ~ • w 1 Rd ` • ' nl r i r~r Um lop HrIl R~ Rd ~ksts
s / c •
{ :zr~er ri f N HITTM Lone ` cp • re on101
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A-40
ANNEXATION SCHEDULE
February 24, 1986 Submit agenda item
,,,,-,February 26, 1986 Submit agenda back-up
* March 4, 1986 City Council sets date, time and place
to-, public hearing
March 5, 1986 Notice to Denton Record Chronicle
March 7, 1986 Publish notice and mailout
March 10, 1986 Submit agenda item
z---' March 12, 1986 Submit agenda back-up
* March 18, 1986 City Council holds first public hearing
March 19, 1986 Notice to Denton Record Chronicle
March 21, 1986 Publish notice and mailout
March 24, 1986 Submit agenda item
March 26, 1986 Submit agenda back-up
March 26, 1986 Planning & Zoning Commission makes
recommendation on proposed annexation
* April 1, 1986 City Council holds second public hearing
April 7, 1986 Submit agenda item
April 9, 1986 Submit agenda back-up
* April 15, 1986 City council institutes annexation
proceedings
April 17, 1986 Ordinance to Denton Record Chronicle
April 20, 1986 Publish ordinance
May 12, 1986 Submit agenda iteat
May 14, 1986 Submit agenda back-up
* May 20, 1986 Final action by City Council at regular
meoting
* Denotes action by the City Council
09648
SD
OJT'F 1: c; IF, OF THE G VVY ATTORNEY
MEMORANDUM
TO: Honorablo Mayor and Members of the City Council
FROfd: Robert B. Hunter, Assistant City Attorney
SUBJECT: Second Draft of Proposed Ordinance Prohibiting
Smoking
DATE: March 12, 1986
At your request, we have revised the above-referenced ordinance
to reflect the concern over regulating offices with public
waiting areas that; deal primarily in the sale of services, as
opposed to goods, and to require those establishments
specifically exempted from the nonsmoking area requirements of
the ordinance that choose not to provide nonsmoking areas to
indicate that fact with a conspicuous Hign near the main
entrance. We have therefore made the following changes to the
proposed ordinance:
1. The term "Retail and Service Establishments" has been
changed to read "Retail Establishment" throughout the
ordinance and the definition has been changed to mean "any
establishment which primarily sells goods to the general
public." Businesses engaged primarily in the sale of
services would therefore not be regulated by the ordinance.
2. A new paragraph (f) has been added to Sections 13-41 and
13-43 to require the owner or person in control of an
establishment exempted from designating a nonsmoking area by
the preceding paragraph (e), who chooses not to designate
any portion of the establishment as a nonsmoking area to
post a conspicuous sign near the main entrance to the
establishment with the words "Smoking Permitted Throughout"
or "Nons¢,oking Areas Not Available" or similar language to
indicate that no nonsmoking areas are provided.
3. Section 13-45, Penalties, has been revised to include the
offense o,E failing to post the sign referred to in paragraph
2 hereof.
Should the Council desire to adopt the proposed ordinance
without further revision, please be adviied that two sections
contain blanks which should be completed. Section 13-41(x)(3)
J
11onornblu Mayor and Members of the City Council
March [Z, 1996
Page Two
contains a space for the Council to exempt certain buildings
owned by the City if desired. Section IV contains a blank for
the effective date since the Council may duf:ire to allow a
grace period to enable the affected establishments to comply
with the sign and written policy requirements of the ordinance.
Respectfully submitted,
'<:g:'
ROOERT B.
KBII: js
xc: Lloyd V, Harrell, City Manager
APPROVED:
L / /C
V
DEB RA AMI U YUV H
1339E ~j
d , D
;10.
AN ORDINANCE ADDING ARTI.CLK IV, "sM0KI,IGTO CILAPrER 13 OF THE
' COD: OF ORDINANCES OF THE CITY OF DEATON, TEXAS, 'r0 BE COMPRISED
OF SEC'l'iONS 13-40 THROUGH 13-45; DE:SIONATING PORTIONS OF CERTAIN
I(ETAI1. E;STABLIS)LNENTS, PUBLIC 8Ui.LDIN4S, AND FOOD ESTABLISHMENTS
AS NONSMOKING AREAS; PROVIDING SI6I1 I(EgUIREMENTS; PROVIDING
11INIMUM STANDARDS FOR NONSMOKING AREAS; REQUIRING WRITTEN
POLICIES IMPLEMENTING THIS ARTICLE,; PROHIBITING SMOKli4G IN
DESIGNATED NONSMOKING AREAS; PROVIDING EXEMPTIONS; PROVIDING
PENALTIES; PROVIDING A SEVERABILITY c;I,AUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the smoking of tobacco or weeds or other plant
products has been demonstrated to have a detrimental effect on
not only the smoker but others in close proximity to the smoker;
and
WHEREAS, it is the right of citizens to be able to choose
for themselves whether to smoke either actively or passively; and
W;IE:REAS, it is the policy of the City to encourage food
establishments which have enclosed dining areas to provide
adequate seating for those patrons who prefer a smoke-free
cnvironmunc; and
WHEREAS, the citizens of Denton have demonstrated a desire
to voluntarily comply with City ordinances wnich protect public
+iealt:h and welfare; and
WHEREAS, regulations regarding smoking can and should be
enforcud only on a complaint basis; and
WHEREAS, such enforcement would be effective without
substantial additional cost to the City; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF UENM4:
SECTION I.
That Chapter 13 of the Code of Ordinances of the City of
Denton, Texas, is hereby amended by adding a new Article IV,
Sections 13-40 through 13-45, to read as follows:
ARTICLE IV. SMOKING
Sec. 13-40, Definitions
(1) "Administrative Area" means the area of an establishment
not generally accessible to the public, including but not
limited to individual offices, stockrooma, employee lounges, or
meeting rooms.
(2) "Director" means the Director of the City/County Health
Department designated to enforce and administer this Article or
the Director's designated representative,
(3) "Food Establishment" means any operation defined as such
in Section 11-20 of the Denton City Code.
i
(4) 'Hospital" means any institution that provides medical,
surgLcal, and overnight facilities fur patients.
(S) "Retail tstablLshmuot" means any establishment which
• primarily sells goods to the general public.
(6) "Public Service Area" means any area, other than an
administrative area, to which the general public routinely has
access for municipal services and which is designated a public
service area in a written policy prepared in compliance with
this Article.
Sec. 13-41. Smoking Prohibited in Certain Public Areas.
(a) A person commits no offense if he smokes or possesses a
burning tobacco, wued or other plant product in any of the
following indoor or enclosed areas:
(L) an elevator used by the public;
(2) a hospital or nursing home corridor providing direct
access to patients' rooms;
(3) any conference room, meeting room, or public service
area of any facility owned, operated, or managed by
the city; but does not include
(4) any retail establishment surving the general public,
including, but not limited to, any department store,
grocery store, or drug store;
(5) An area marked with a no smoking sign in accordance
with subsection (b) of this section by the owner or
person in control of a hospital, nursing home, or
retail establishment serving the general public; or
(6) any facility of a public primary or secondary
school; or an enclosed theater, movie house,
library, or museum.
(b) The owner or person in control of an establishment in
which smoking is prohibited by subsection (a) of this section
shall post a conspicuous sign at the main entrance to the
establishment. The owner or person in control of an
establishment in which smoking is prohibited in a specified area
shall post a conspicuous sign at the entrance to the area. The
sign ahall contain the words "No Smoking, City of Denton
Ordinance, the universal symbol for no smoking, or other
language that clearly prohibits smoking.
(c) Every hospital shall:
(1) allow all patients, prior to elective admission, to
choose to be in a no smoking patient room; and
k2) require that employees or visitors obtain express
approval from aLl patients in a patient room prior
to smoking.
(d) the owner or person in control of Ln establishment or
area described in subsection (a)(4) or (a)(6) of this Section
PAGE 2
may duslxu+tto tui area, including but not limited to lobbies,
meeting ronuss, or waiting rooms, as a smoking area; provided
that the dci"lgnatea smoking area may not includu:
(1) Chu unt Ire astablishment;
(2) cashier arena or over the counter sales areas; or
(3) the viewing urea of any theater or movie house.
(e) It is a defense to prosecution under this section if the
person was smoking in a location that was:
(1) a designated smoking area of a facility or
establishment described in subsection (a)(4) or (a)
(6) of this section which is posted as a smoking
area with appropriate signs;
(2) an administrative area or office of an establishment
described in subsection (a)(4) or (a)(6) of this
section;
(3) it retail establishment ae:ving the general public
with leso than 500 square feet of a public showroom
or service space or having only one employee on
duty, unless posted as a designated nonsmoking area
in accordance with subsection (a)(5) of this
section; or
(4) a retail establishment which is primarily engaged in
the sale of tobacco, tobacco products or smoking
implements.
(f) The owner or parson in control of an establishment
exempted from designating nonsmoking areas by paragraph (e) of
this section who chooses not to designate any such areas shall
post a conspicuous sign near Cho main entrance to the establish-
ment with the words "Smoking Permitted Throughout" or "Nonsmoking
Areas Not Available or similar language to indicate that no
nonsmoking areas are provided.
Sec. 13-42. Written Policy Required.
The owner or person in control of any facility or area
designated as a no smoking area in section 13-42 (a)(3) or (4)
of this Article shall:
(a) have and implement a written policy on smoking which
conforms to this Article; and
(b) make the policy available for inspection by the
Director.
Sec. 13-43. Food Establishments.
(a) A food establishment which has Indoor or enclosed dining
areas shall provide separate indoor or enclosed dining areas for
smoking and nonsmoking patrons.
(b) A nonsmoking area must:
(1) be separated, where feasible, from smoking areas by
a minimum of four feet of contiguous floor space;
PACE 3
be ventllatud, whore feasible, and situL:ted so that
air from the smoking area Ls not drawn into or across
Chu nonsmoking area;
' be clearly designated by appropriate signs visible to
patrons within the dining area indicating that the
area is deslgnated nonsmoking; and
(4) have aah trays or other suitable containers for
extinguishing smoking materials at the perimeter of
the nonsmoking area.
(c) Each food establishment wnich has a dining area shall:
(1) have and implement a written policy on smoking which
conforms to this Article;
(2) make the policy available for inspection by the
Director; and
(3) have signs at the establishment's entrance indicating
that nonsmoking seating to available.
(d) Nondininl; areas of any food establishment affected by
this section to which patrons have general access, including, but
not limited to, food order areas, food service areas, restrooms,
and cashier areas, shall be designated as nonsmoking areas.
(e) It is a defense to prosecution Linder this section that
the food establishment is:
(1) an establishment which has indoor seating
arrangements for less than 50 patrons; or
(2) an establishment in which more than 70 percent of its
annual gross sales is from the sale of alcoholic
beverages; or
(3) a physically separated bar area of a food establish-
ment otherwise regulated.
(f) The owner or person in control of an establishment
exempted from designating nonsmoking areas by paragraph (e) of
this section who chooses not to designate any such areas shall
post a ccnspicuous sign near the main entrance to the establish-
ment with the words "Smoking Permitted Throughout" or "Nonsmoking
Areas Nor. Available" or similar language to indicate that no
nonsmoking areas are provided.
Sec. 13-44. Smoking in Food Establishments.
A person commits an offense if he smokes or possesses a burn-
ing tobacco, weed, or other plant product in an area of a food
establishment designated as nonsmoking.
Sec. 13.45. Penalties.
(a) Any person violating section 13-41(b), 13-41(c), 13-',1(f),
13-42, or 13-43 of this Article, upon conviction, to punishable
by a fine of not less then Fifty Dollars ($50.00) nor more than
Five Hundred Dollars ($500.00).
PAGE 4
(b) Any porsun violating section 13-41(a) or 13-44 of this
Article, upon conviction, is punishable by a fine of not less
than iwenty-fivu Dollars ($15.00) nor wore than Two Hundred
Dollars ($200.00).
5FCTIOil -It.
That this ordinance does not require the owner, operator,
manager or any employee of an establishment to report a
violation or to take any action against any individual violating
section 13-41(a) or 13-44 of Article IV, Chapter 13 of the
Denton City Code as amended. Complaints against individuals
violating the aforementioned sections mall be made to the
City/County Health Department for investigation and referral, if
warranted, to the Office of the City Attorney for prosecution.
SECTION 111.
That if any section, subsection, -ars raph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portiona of this ordinance, and the City Council of
the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such Invalidity.
SECTION IV.
That this ordinance shall become effective
and the City Secretary is hereby directed to cause C e cape ols
of this ordinance to be published twice in the Denton
Record -Chronicle, the official newspaper of the City of Denton,
Texas, within ton (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 1986.
MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON,,TEXAS
APPROVED AS To LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: l
PAGE 5
0923L
NO.
AN OkIll,NANCIi ACCEPTING COhll'I:'fl'I'14'f. AIDS ANII AWARDING A CONTRACT
FOR THE PURCIIASI VtF MAThRIALS, hQUIPMIiNT, SUPPLIES OR SERVICES;
PROVIDING FOR THE E%YENIII'fllkfi OF FUNDS 'I'IIER U1101tE; AND PROVIDING
FOR AN EFFECTIVE DA'Z'E,
WHERU S, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
revirwnd 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
ttie materials, equipment, supplies or services approved and
accepted herein; and
WHEREAS, Section 2,36 (f) of the Code of Ordinances requires
that the Clty Council approve all expenditures of more than
$10,000; and
WfWRLAS, Seed "n Z.09 of the City Charter requires ghat
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 01' THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1,
That the numbered items in the foilowing numbered bids for
materials, equipment, supplies, or services, shown in the "Bid
Proposals" attached lcereto, are hereby accepted and approved as
being the lowest responsible bids for such items:
H [ D ITEM
JI!'1BBR NO. VENDOR AMOUNT
9585 All Goodyear Tire Service In accord-
Briscoe Tire Service ante with
Payne Tire Company the attached
Exhibit "A".
SECTION II.
That by the acceptance and approva? of the above numbered
items of the submitted bids, the City accepts the offer of the
persons submitting the bids for such ltnms and agrees to
purchase the materials, equipment, suppli%s or services in
accordance with the terms, specifications, standards quantities
and for the spAcified sums contained in the Bid Invitations, Bid
Proposals, and related documents,
PAGE ONE.
SECTION ill.
'c'hat should the y and porsons submitting approved and
aCC epted ICCmS and of thn submitted bids wish to enter into a
formal wrltton agrvement as a result of the acceptance,
approval, and awarding oC the bids, the City Manager or his
designated representative 1s horeby authorized to execute the
written contract which shall be attached hereto; provided that
the written contract is in accordance with the terms, conditions,
specificatiuns, standards, quantities and specified sums
contained in the Did Proposal and related bid documents herein
approved and accepted.
SECTION IV.
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 amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V.
That this ordinance shall become e£fectiv: mmediately upon
its passage and approval,
PASSED AND APPROVED this v__ day of April, 1986.
IRKYW_. -
CITY OF DENTON, TEXAS
ATTEST
(,H RLO E ALLEN, CITY SECRETARY
CITY OF DENTON, Tl3X:.S
APPROVED AS TO LEGAL FORM:
DEBRA ADAM1 DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: PAGE TWO
-r
BID 1 9585 PAYNE MADE 60001'EAA I 5RiJCOE
010 7TTLE TIRES.IUBES TIRE SERVICE ;
OPEUED 2-0-y6 2 P.M. T,AE ;INTERNATIONAL; ;IRE
4000UYTO 710-+)02-0500-a702 TIRE
1 , 1
SERVICE ; CORP ; SEAViCE
1 QTY' ITEM DESCRIPTION VENDOR VE11DUk '
IENDDA --1E11DOA
-
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'PO i i
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Z. ; ;BIAS AUTO
j 3, v
34.3-1
;OIAS BELIED AUTO :S.JB 39.5b ;4,50
s' RADIAL AUTO S.JU
D1.JJ ; 54.55 I i9.11a ~ 45.40 .
5• ;LIGHT TRUCK 59. 04 i 60.35 59.62 SB.00 ;
5. ;MEDIUM OVE0 0AD 'RUCY, 242.75 164.o6 ;
7. ;MEDIUM OVER/ROAD TRUCK T '07"0
87.49 l.,b. S!} 1 80.11 ~ 14I.00
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I 97.53 ?4.11 73.58 01.0
S-8 I ; 626.99 519,55 534.22
4 I 577.40 775.22
10 4.71 5.72 5.45
HFN TIRES INSTALLATIOI! 1 FREE FREE
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D gtam .p.~
CITY of DRNTON DEWON, TEXAS 70201
M E M O N A N D U M
TOt Mayor and Members of the city council
FROM: Lloyd [Jarrell, City Manager
DATE: March 11, 1986
SUBJECT: SPRING FLING PARKING ORDINANCE
RECOMMENDATION:
As you are aware, the annual Spring Fling Festival is scheduled for
April 19 and 20 of this year. In order to avoid a severe traffic
problem, Staff recommends the passage of the attached ordinance which
would temporarily prevent parking on both sides of Carroll Boulevard
from Sherman Drive to two hundred and fifty feet (250') north of Fain
Street on both days of the Festival.
BACKGROUND;
As the pop•alarity of the Spring Fling Festival grew, the event produced
a larger and larger traffic dilemma; therefore, in past years, identical
ordinances to the one being proposed were enacted.
The past crdinances, as is the rase with the attached ordinance, were
intended to prevent what experience taught us to be a two-fold traffic
problem. First of all, the routine flow of traffic is disturbed by
customers and participants of the Festival. Traffic jams develop which
affect two of Denton's largest thoroughfares (i.e., University Drive and
Carroll Boulevard). Needless to say, such problems in a business
district may deter customers and aggravate citizens. Secondly, emergen-
cy vehicles are detained when traveling through the area. Although the
probability that the need for an emergency vehicle to travel through an
area would be enough of a justification to reduce traffic jams, the
probability that the need for emergency service will arise in this area
SPRING FLING PARKING ORDINANCE
March 11, l'lni,
t'sge 2
t.s higher than normni dak3 to thn foci: that the Good Samaritan Village is
located to Cho north or the Sprit:q P'l.i,ng site. We hope that you again
aceapt our proven method of avoiding potential traffic problems on
Carroll. Boulevard during Spring Fl-iny activities.
PROGRAMS, DEPARTMENTS OR GROUPS AFPEC'PP01
The Transportation Engineering Division will be the only divi.s.ion
affected by the ordinance. Prior to the evsnt, they will place No
Parking signs throughout the area, and upon the conclusion of the
activities (i.e., Sunday, the 20th of April), the division will also
remove signs to allow the area to revert back to the parking zone
regulations.
FISCAL IMPACT;
There is no impact on the General Fund.
Respec fully submitted:
V.
loyd Harrell
City Manager
PREPARED BY:
Harlan erson
Administrative Assistant
APPROVED:
n McG ane
inance Director
pw2
?lr8L
No.
AN uRDIN'ANaaS mtuariwi'1N1; 'rHE PARKING OF VEHICLES ON !BOTH SIDES
011 CARROLL BOULEVARD TWO-11UNDRED FIFTY FEET (250') NORTH OF FAIN
ti'1'REF;T rO SHERMAN DIl1VK DURING THE ANNUAL SPRING FLING TO BE
a HELD APkIL 19 AND 20, 1986; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT '1'o EXCEED TWO HUNDRED DOLLARS; AND
DECU'RINu AN EFFECTIVE' DATE.
THE GOUdCIL OF THE CITY of DENTON HERESY ORDAINS:
SECTION I.
When signs are erected giving notice thereof, parking shall
be prohibited upon the following street in the City of Denton
to-wit:
Both sides of Carroll Boulevard two hundred and fifty feet
(250') north of Fain Street to Sherman Drive during the
annual Spring Fling to be held on April 19 and 20, 1986.
SECTION 11.
That the portion of the above described street designated as
temporary no parking shall revert back to the no parking zone
regulations immediately from and rafter the c;aaing of the Spring
Fling on April 20, 1986.
SECTEJII III.
Any person adjudged guilty of parking a vehicle in violation
of this ordinance shall be guilty of a misdemeanor and punished
by a fine not to exceed Two hundred Dollars ($200.00).
SECTION IV.
That tnis ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby direzted to cause the caption of this ordinance to be
published tw.ce in the Denton Record-Chronicle, the official
newspaper o. the City of Denton, Texas, within ten (10) days of
the dat- of its passage.
PASSED AND APPROVED this the day of V, 1986.
-5. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST;
Cf LOM, ALLEN, CITY SEA AR
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYUVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
CU .
DATE:
CITY COUNCIL REPORT FORMAT r,srch 18, 1986
TO: Mayor and Members of the City Council
I~ROM: Lloyd V. Harrell, City Manager
SUBJECT: Contract - Keith Krein, M.D, $16,000.00
RECOMMENDATION: We recommend approval of this conCract for professional
services as the position was included in the 1985-1986
budget.
SU'MM AR Y: This is for a service budgeted and approved in the 1985-
1986 budget. Payments are to be made monthly in the awunt
of $1,333.33 for the yearly total of $16,000.00, The
Contract Agreement is to run from February 1, 1986, through
January 31, 1987,
BACKGROUND: Ordinance
.zntract Copy
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED.
Fire Department cfiergency Units
FISCAL IMPACT: There is no additional inpact on the General Fund,
Respectfully Subiaitted;
" ~;,4 Z I
4z~
Prepared by: Lloyd Ilarrell, City Manager
ame
Title
Approved:
N e
itle
131,
i
I
NO.
AN ORDINANCE APPROVING AN iimmmymixr CONTRACT BETWi'EN THE CITY
OF IlliNTON AND DR. NhIT11 KRE1N FOR PROFIiSSIONAL SERVICES RELATING
TO 'rm; CITY EM1!RMiNCY MEDICAL TECHNICIAN PROGRAM AND DECLARING
AN EFI~HCI'IVli DATE.
THE COUNCIL OF THE CITY OF DENTON IIIIREHY ORDAINS:
SECTION 1.
That the City Council of the City of Denton hereby approves
an agreement between the City and Keith Krein, M.D., a copy of
which is attached hereto and incorporated .,y reference herein.
r SECTION II.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of April, 1986.
CITY OF DENTON, TEXAS
ATTEST:
L'1fARL E A,L : , CITY SL RL A
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVI'ru, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
LZQ/~!
f
I
i
I
THE STATE OF TEXAS § EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF DENTON
COUNTY OF DENTON § AND KEITH KREIN, M. D.
WHEREAS, Chapter 197 of the Medical Practices Act provides
that each facility providing emergency medical service should
have a physician licensed by the State of Texas who is respon-
sible for certifying the skills of the Emergency Medical Service
Technicians and for supervising the Emergency Medical Service
Technicians; and
WHEREAS, the City Council, has appropriated, in the 1985-86
budget of the City of Denton, Texas funds for a medical director
to peg-form the above services; and
WHEREAS, the City and Dr. Keith Krein wish to enter into an
agreement providing for Dr. Krein's professional services;
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I.
The City of Denton hereby engages the professional services
of Dr. Keith Krein as Medical Director of the Emergency Medical
Service Technicians of the City, to perform the duties and
responsibilities set forth in state law and in this agreement.
SECTION II.
The City agrees to pay Dr. Keith Krein, hereinafter referred
to as Medical Director, for his services an annual salary of
Sixteen Thousand Dollars ($16,000.00) payable monthly for
approximately twenty (20) hours service per month.
SECTION III.
The Medical Director shall perform the following services
i
for the City of Denton Fire Department Emergency Medical Service
Program:
1. Periodically review, evaluate, and update the
emergency medical services protocol.
2. Establish and administer a continuing education
program for Denton Fire Department Emergency Medical
Services personnel.
3. Review records and evaluate the performance of
Denton Fire Department paramedics.
4. Evaluate and update Denton Fire Department Emergency
Medical Services field procedures.
5. Interact with area physicians and inform them of any
changes in procedures and answer any questions they
may have regarding the Denton Fire Department
Emergency Medical Services.
6. Assist_ with the administration of Emergency Medical
Technician classes which are held by Denton Fire
Department as needed.
7. Meet monthly with the Division Commander/0 erations
and/or the Emergency Medical Services Coordinator to
discuss, evaluate and direct the operations of the
Denton Fire Department Emergency ;Medical Services.
8, Prepare an annual report for presentation, to the
Denton City Council on the past year's performant-:a
of the Denton Fire Department Emergency Medical
Services program and the present and future needs of
the program.
SECTION IV.
The Medical Director shall serve at the pleasure of the Fire
Chief of the City of Denton.
SECTIOU V.
This Agreement shall be effective February 1, 1986 and
terminate January 31, 1987. The parties hereto agree that this
Agreement may be extended for additional octe year terms by
PAGE 2
notification in writing from the City.
SECTION VI.
The Medical Director agrees to be responsible for maintaintng
malpractice insurance coverage. It is understood between the
parties that City is investigating available insurance coverage
for Medical Director and that City agrees to use its best efforts
to ensure that coverage is available under the City's policies.
CITY OF DENTON, TEXAS
BY:
R i
ACTING CITY MANAGER
ATTEST:
(q, W,, 12 7~6 7
LCHARLOTTS =N, IT SECaMR-Y
APPROVED AS TO LEGAL FORM:
DEB RA
A141 KA H, A~rTORN Y
MEDICAL DIRECTOR
DR. KEITH KREIN
PAGE 3
CITY OF DENTON
MEMORANDUM
TO: Rick 5vehla, Assist-ant City Manager
PROM: Hugh Lynch, Chief of Police
5UBJNCT: Classification ordinance
DATE: March 11, 1986
As a result of the approval of four additional police officers and two
police sergeants effective April 1 and July 1, 1986, the City Council must
approve the attached ordinance. This is necessary in order to comply with
Article 1269m, Section 8A.
11 g i Lync
Chief of Police
i 760!.
NU.
AN ORDINANCE PROiVIOINC FOR THE NUMBER OF PERSONS AUTHORIZED FOR
EACH CLASSIFIED POSITION IN '1'IIE POLICE DEPARTMENT OF THE CITY OF
DENTON, 'T'EXAS, REPEALING ALL ORDINANCES AND RESOLUTIONS IN
CONFLICT lIEREWITH; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY j:' DENTON HEREBY ORDAINS:
SECTION 1.
That the £ollowinp number of persons are hereby authorized
to be employed in each position in the Polic_ Department of the
City of Denton:
I CHIEF OF POLICE
3 DIVISION COMMANDERS
6 LIEUTENANTS
8 SERGEANTS
66 POLICE OFFICERS
i •
SECTION II.
That all the positions referred to in Section I hereof are
classified positions with Lila exception of the Chief of Police
and one (1) Division Commander who is appointed by the Chief and
serves at his pleasure.
SECTION III.
That all ordinances and resolutions in conflict herewith are
hereby repaaled to the extent of such conflict.
SECTION IV.
That this ordinance shall be effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 1986.
WNW-
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, ECR . A!(
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
N4.~7r 1V . M ice...
BY:
WNS AND YILmiltB to 1 CITIES, "WNS AND VILLAGES
a• provided, and shall Tltk se Art. 1269m 1
be of such Fire Department a recmtionovedorexdemoceptNrforspecif
n causeiedinbyaccordanceAct
this with the procPxiures for disciplinary
wn. (b) A ted by the Chief F;xecu• peon occupying a position in a rank ■peelfied in Subdivision (1) or (2) of
e except In cities where Subsection (f) of this section may voluntarily demote himself to his highest rank
vg elective Fire and earned by competitive examination.
Heads of those Depart, (6) A person may remove himself from consideration for appointment to a
mmiaof those a in whose
halt be confirmed position in a rank specified in Subdivision (1) or (2) of Subsection
by the sec ion, (f) of this
(7) A person appointed under Subdivision or 2 !
ze educational incentive auction may take any~ of Superson (f) of ave
n within each classifies-
been eligible under Seoti n 14 of Ithis Acts bon for which the person would have
accredited college or Sub) Ai Person appointed under the provisions of Subdivision (1) or (2) of
ward a degree In law (f) of this section shall be subject to governing
in law enforcement or body of the city. confirmation by the
Ited college or univerel. Sec, 8 amended by Acts 1878, 68rd Leg., p. goo, ch. 140,
university accredited by 88th L991i P, Ib2, ch. 83, 1 eff. April 26, 1979, Acts 179 186th May 21, 187, Acts 1878,
board of education in eff. Sept. 1, 1979; Acte 1888, 68th Leg. p. 2247, ch. 420
d a proved or certified amended by Acts ION, Oft IA , S 1 2 eff. 3; See. 8(b) ; nSee, d 8,
and Education by Acta 1986, 69th La . g , h. 4003, ch. 9ti8, i I, ell, 9e t 1, 188b; Sec. 8(b) amended
g, p, bbd, ch. 128, 0 1, eff. Aug, 26, 1 f
e case of fire science ,
a case of
isalon on
Fire science Chest kstlon and appointawnt of «rtain firemen and policemen
m in law enforcement, Sec, 8A. (a) In a city having a population of less than 1500,000 acm g
rcemerrt education as the most recent fedora; census, the Commission shall provide for the c=9.
University System and tion of all firemen and policemen, The elassifleatlon shall be provided b
rds and Educstion, ordinance of the city council orkgia lative bod
g y
according to the most body shall prescribe the number of positions Ine The claealfigt~n by ~nace,
ppoint persona to hold (b) Except sa prescribed by this section, a classification now in existence h or
following; that may be hereafter created, may not be filled except by examination held In
nk of Assistant Chief accordance with this Act. If the city council or governing yy
least
east five (b) years in approves by resolution or ordinance, the chief or head oas bod nre orhpolice
additional required department in which at least four classifications exist below the classification of
pbliahed on the Police chief or head may appoint each person occupying authorized
IY council present and classification Immediately below that of chief or de
Partment headpositions i the
fed qualiffying criteria this section, , as provided by
I[red i slyi (c) the total number of persons appointed to the classification immediate)
ark of Assistant Chief below that of the police chief in the police, department may not exceed the total
` least five (6} years in number of persona, plus one, serving in the classification immediately below that
he additional ve (5 required of the police chief or head of the police department In that city on January 1,
h
shed by e the Fire Chief th in it city having fewer than 800 certified fire fighters, the chief or head of
it Present and voting, ppaarttnent may appoint not more than one
I] press criteria have fire medfately below J. t of chief or head. In a city haavviing 800 or morreesc~er~tified
alifying vision. fighters but not more than Epp, the chief or, head of the fire department may
appointed under this appoint two Peron. In a city having more than 600 certified fire fighters, the
rot cause, the er this c of or head of the department may a point thrre
reed by competitive does not apply to a city that has adopted a persons. This subsection
Act (Article 51 1, Yernon'8 Texas C(vil Sta
Fire tutes),funPoce less theclityespecificall s
>section is temporary' adopts the appointment procedure prescribed by this subsection ;rough the
position, the suspen- collective bar ainin
.r disciplinary action g g process,
for cause , the person • ' (d) All persona in each classification shall be paid the same salary and in
erred competitive addition thereto be paid any of the followin t
Lion b is or reversed competitive entitled; (1) longevity or seniorit g yp of pay n which they may b-
ment pay; and (4) certification y ypay; . (2) educati onal incentive pay; ad assign-
bdiviaion (1) or (2) of fill a
department from designating some person This shall the o next lower tclassificatioontto
Aivisio may not be position in a higher classification temporarily, but any person designated by
bsection the head of the department shall be paid the base salary of the higher position
257
1249L
NO.
AN ORDINANCE AMENDING TABLE 1 OF ARTICLE: 4.03 OF APPENDIX A OF
THE CODE OF ORDNANCES OF THE CITY OF DENTON, TEXAS RELATING TO
STREET STANDARDS AND POLIC1E;); AND PROVIDING FOR AN EFFECTIVE
OATF.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That Table I of Article 4.03 of Appendix A of the Code of
Ordinances is hereby amended to read as shown on Exhibit "A"
attached hereto.
SECTION II.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of , 1986.
RICHARD T,-TrEWM7-,T-(ATW
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRETAKU
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORK:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTUN, TEXAS
:
LY : r1/l~ i
TABLE I--CITY OF DENTUN, TEXAS
SUMMARY OF MINIMUM STREET DESIGN STANDARDS
Primary Arterial Secondary Arterial Resider;lial Estate
Dviided Undivided bU e n v ei-' Collector o aF- Sub ~l a on
1. Pavement width, face 2 (361)* 692 (251)* 47 44 30 24 with 4;1
face (feet) side elopes
2. Number of traffic
lanes 6 6 4 4 4 2 2
3. Lane widths (feet) 11 11 11 11 11 11 12
4, Right-of-way-width
feet 100** 100** 80 80 60 50 60
5. Vehicle capacity policy-
vehicle per hour- 2,700*** 2,100*** 10400*** 1,266*** 790 400 400
vehicle per day- 30,000 230000 16,000 12,600 7,700 5,250 5,250
6, Design speed (mph) 45 40 40 40 35 30 30
7. Minimum grade 0.5 0.5 0.5 0.5 0.5 0.5 0.5
8. Maximum grade (X) 7 7 7 7 7 7 7
9. Minimum center line
radius (feet) 750 750 500 500 300 250 250
W. Stopping site
distance (feet) 275 275 275 250 250 200 200
11. Minimum median
width (feet) 14 n/a 14 n/a n/a n/a n/a
12. Minimum spacing
median opening (feet) 400 n/a 400 n/a n/a n/a n/a
13. Minimum radius for
curb returns at
intersections (feet) 35 35 20 20 20 20 No Curbs
Required
14. Reverse curve
separation minimum
(feet.) 100 100 100 100 75 0 0
*Divided roadways, each with specified width.
**Right-of-Way Flares to 120 feet of right-of-way--
150 feet from intersection on both sides intersecting
other major or secondary arterials.
***Level of Service "C."
P $ Z Minutes
February 26, 1986
IV. CDNS I DERAT I DNS
A. Recommend approval of an ordinance amending Table I of
F,- Article 4.03 of Appendix A of the Code of Ordinances of
the City of Denton, Texas relating to street standards
and policies; and providing frr an effective date.
STAFF REPORT, Ms. Carson stated that this is part of
the revision of the subdiv'.si.on regulations. She said
that this is to clarify the table to include figures
for items omitted in original document.
DI1C1SION, Mr. rscue moved to recommend approval of an
or finance amending Table I of Article 4.03 of Appendix
A of the Code of Ordinances of the City of Denton,
Texas relating to street standards and policies; and
providing; for an effective date. Seconded by Mr. Juren
and unanimously carried (4-0).
DATE: 03/18/86
CI'T'Y COUNCIL REPORT FORMAT
TO: MhY01 nud Memburi of the City Council
FROM. Lloyd Ilnrrell, City Meu1ager
SUBJECT: ADOPTION OF AN ORDINANCE AND SPIRVIC11 PLAN INSTITUTING ANNEXATION
PROCEEDINGS FOR THE PROPOSED ANNEXATION OF 125.5255 ACRES BEGINNING
AT KINGS ROW AND PROPOSED LOOP 288, SOUTH OF OAK BEND ESTATES, AND
SOUTH OF SILVERDOME ROAD. (A-33)
RECOMMENDATION:
The Planni,ig and zoning Commission recommended approval at its
meeting of February 12, 1986.
SUMMARY:
This is a voluntary/involuntary request for annexation by the City
of Denton and Teasley Road Associates. A 14.1 acre portion of the
area hetwe-";.n proposed Loop 288 and the existing city limits and
Kingston Trace Subdivision is involuntary.
Teasley Road Auriociates is requesting annexation for zoning and
delivery of CiLy cervices. 9'he current conceptual land use plan
shows 128 lots ui dingle family (SF-7) land use, 3.8 acres of
commercial alung proposed Loop 288, 9.6 acres of mu;t£-family and a
10 acre ,ichool rite. Planned development (PD) zoning is anticipated
if annexation is approved, The existing city limits is at the
right-of-way line of proposed hoop 288 above the fringe of the
Kingston Trace Subdivision.
BACKGROUND:
Not applicable
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
No existing housing or population is located within the area of
request. The Oak bend Estates Subdivision abuts this tract to the
north and approximately two to four resi.denceti are surrounded by the
subject site to the east along the unnamed county road. Roadway
included in the proposed annexation £nclides approximately 10200
feet of, both sides of Kings Row; 830 feet of Lhe east and west side
of Farris Road and 780 feet of the west half of Farris Road; and
approximately 945 feet of the south half of Silverdome Road.
City Council Report Format (A-33)
March 18, 19H6
Page 2
Fi SCA:, I MPAC9' t
Undrt.ermined
ItenpecUtIlly submitted:
Lloyd rrell
City anager -A
Prepared by:
h/Q.(ild( Lmw,
David Ellison
Senior Planner
Appro
Oeff Meyer
Director of Planning
and Develo,".ient
1515g
CITY 4ttl'Nc; l i, AGENDA
BACK-UP SUMMARY SHEET
Ml~h1TING DATE,: March 18, 1980
SUI3JEUT: Adoption OL an ordlnancu and service plan
instituting annexation proceedings for the
proposed annexations of approximately 125.5255
acres locat;;d 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 Roaa 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
(81?-7) land use, 3.8 acres of commercial along
proposed Loop 288, 9.6 acro8 of multi-famf.ly,
anti a iU acre school, site. Planned development
(PD) zoning will most likely be requested if
annexation is approved. The Denton Inuependent
School District has subiniLted a preliminary plat
for the lU acre school site. An elementary
school similar to Evers Park is proposed.
Thl.s site begins adjacent and south of existing
residential development in the Oak Bend Estates
Subdivision ana 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 eage of the sub3ect parcel
abuts poposeu Luop 288 right-of-way.
The property consists of two parcels separated
by Kings Row, i.lver.dome 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 toile north
of the area of request.
City Council Back-up Summary
March 18, 1986
Page 2
ACTION RE-QlJ.ilt -D', Adoption o[ an orduiwwo
AWPI3RNATIVNS: 1. Proceed with a:tnoXa( ion
2. Oeny t.ugtwBL
ATTACHMENTS: l.. Mmp
COnCUj,AWAI Lana uyu 1)1011
V am
David Ellison
Senior Planner
15139
r
C''~'' , ` Wars +Chun Rd:
I • Bottom.Cirrlo W
R d •
HARTLEE c~
0 F
~a „Hornet Fieid kd
426 REA OF I2UEST •
Oak Bend
.
e~ Rd
King i Aow
. aC
,.•..4"
INingst on Tree P O PO 'iLoa S
1 " f
1 • •
45
37 7 390AP
"pow
r u _r_&-.L n ` C
Involuntary Annexation
~2 8 8
Voluntary Annexation
A
mm~
~T
r YN20 MEf
Iltz,
OAK BEND ESTATES
UM20NID 4 r ~ ~ i 1. •1 ~ ,
K EI p
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Ir « ,
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UNtOMEgi\~ r r
5 u, ..1< n rf
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• i' J CIA' 1 1 ~
V1.i AlatEf r r i* r r V 1 Z
MWTI ! NNIIY r , a
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tONf r A ' i IiAM/M y 'N `f , r r• M w w - w r j
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A
KIN(idTO~,`:~E` 1 O 5, I \ 1 r
' TRACE I a• r' t I uN2oNEO \ I
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UNiONt D, - - ~
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59 acres
LOOP 288 C, KMIS POW ~-~i
r •
17L
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL
OF LAND CONSISTING OF APPROXIMATELY 125.25 ACRES OF LAND LYING
AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE D. CULP SURVEY, ABSTRACT NO. 287; J. COLTART
SURVEY, ABSTRACT NO. 288; AND THE T. LIVING SURVEY, ABSTRACT NO.
7299 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL
"A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, a request for annexation for the property described
in Exhibit "A", a copy of which is attached hereto and
incorporated by reference herein, was introduced at a regular
meeting of the City Council of the City of Denton, Texas, on the
petition of Teasley Road Associates; and
WHEREAS, an opportunity was (forded, at a public hearing
held for that purpose on the 'day of rL~SY r , 1986 in
the Council Chambers for all n erested persona to a see their
views and present evidence bearing upon the annexation provided
by this ordinance; and
WHEREAS, an opportunity was forded, at e. public hearing
held for that purpose on the day of 1,V& y- c A 1986 in
the council Chambers for all Interested persons to s its their
views and present evidence bearing upon the annexation provided
by this ordinance; and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Denton, Texas,
prior to its effective date, and after the public hearings;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the tract of land described in said Exhibit "A" be, ani
the same is hereby annexed to the City of Denton, Taxas, and the
same is made hereby a part of said City and the land and the
present and future inhabitants thereof shall be entitled to all
the rights and privileges of other citizens of said City and
shall be bound by the acts and ordinances of said City now in
effect or which mey hereafter be enacted and the property
situated therein shall be subject to and shall bear its prorata
part of the taxes levied by the City.
SECTION II.
The property described in Exhibit "A" is hereby classified
as Agricultural "A" District and shall so appear on the official
zoning map of the City of Denton, Texas, which map is hereby
amended accordingly.
SECTION III.
Should any section or part of this ordinance be held
unconstitutional, illegal or invalid, or the application thereof
ineffective or inapplicable as to any territory, such unconsti-
tutionality, illegality, invalidity or ineffectiveness of such
A-33/TEASLEY ROAD ASSOCIATES/PAGE ONE
section or part shall in no wise affect, impair or invalidate
the remaining portion or portions thereof, but as to such
remaining portion or portions, the same shall be and remain in
full force and effect; and should this ordinance for any reason
be Lneffective as to any part of the area hereby annexed to the
Cityy of Denton, such ineffectiveness of this ordinance as to any
sur:h part or parts of any such area shall not affect the
effectiveness of this ordinance as to all of the remainder of
such area, and the City Council hereby declares it to be its
purpose to annex to the City of Denton every part of the area
described in said Exhibit A of this ordinance, regardless of
whether any other part of such described area is hereby
effectively annexed to the City. Provided further, that if
there is included within the general description of territory
sat out in Section I of this Ordinanue to be hereby annexed to
the City of Denton any lands or area which are presently part of
and included within the limits of the City of Denton, or which
are presently part of and included within the limits of any
other City, Town or Village, or which are not within the City of
Denton's jurisdiction to annex, the same in hereby excluded and
excepted from the territory to be hereby annexed as fully as if
such excluded and excepted area were expressly described herein.
SECTION IV.
This ordinance shall be effectlve immediately upon its
passage.
Introduced before the City Council on the day of
1986.
PASSED AND APPROVED by the City Council on the day of
1986.
RICWD 0- CITY OF DiNTON, TEXAS
ATTEST:
CKARLOTTE ALLEN CITY SECRETARY
CITY OF DENTON,,TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY. L'%Ii~1 G~OLLI, lie (Iee/
A-33/TEASLEY ROAD ASSOCIATES/PACE TWO
f
EXHIBIT "A"
11002 ROM A LOOP 2$a
December 12, 1919
FIELD NOTSS TO A-13
i
All that r.ortaln traot or ivfcol of land lying and being situated in the
County of Dorton, State of Tdsaos being part of the o, Culp Sarvdys Abstract
217, J. :oltart surveys Abstract 211 and the T. Living survey# Abstract 72f
41d MOM Particularly doaorlbed as to/low/t
i
j NGINNINO at a point in the Pessent city !faits as established by Ordinance
No. 12-d, said point lying in the South boundary line at said Coltart survey,
same being the North boundary line of the said Culp surveys
o
TNtM I North 19 07, 030 east a distance at 422.05 toot to a
correct point for a
MINCE North 00 171 2$0 Mast, a distance of 1131.39 feet t0 a point for a
corned
TRINCI North Ifs 72' 15' east, A distance of 744.20 foot to a point for a
cocnort
TEMKI South, a distorted of 201.71 test to s point for a Cornell
TASNCS North 190 22' 15' Sastp a distance of 417.4 feet to a point for a
corner In the last boundary line of said Coltart surveys sago being the Most
boundary line of said Living surrey, said paint Also lying In a North and
south road known as Parris roads
TRSNCS Southo along said survey linos and in said read a distance of 744.21
feet to a point for a correct said point being the intorsectlon of sold Parris
road with an East and Moat toad tnovn as Kings Rowl
I TNRNCR North 190 04' 170 Seat, along said road, a distance of 944,14 toot to
a point for a oefaert
TRSNCS South 00 02' 710 Nsat, a distant* of 2219.03 toot to a point tar a
cornea Mid point lying to the Soutb boundary lino of the said Living surveys
being the North bat"ary lino of the J. early survoyt Abstract 12790
TERM South 090 1' $30 West, along said survey lined a distance of 1042.21
feet to a point tnr a corner, said point lying in said present city linitit
said point alas lying 100 feet Northeasterly from the center lino of State
Rigbway LOOP teat
TRSNCn Northvesterl alertg a curve to the loft with a radius of 1110.77 foot a
central angle of 24~ 11' 4700 pawing the North boundary lino of said Culp
survey, sate bet" the loath boundary It" of $id Coltart Survey and an Sant
and Most road mown as Rings Row, a total arc distance of 1901901 toot to a
peintl
TRRNQS North $00 14' 140 Meat (by Ordinance North 470 20' If* West) 400
foot Northeasterly and parallel to the center lino of Loop 21/s a distance of
911.57 toot to the place of beginning and containing 125,25 acres of land more
or less,
A-33/T EASLEY ROAD ASSOCIATES
Y '
Pi. ,AN 0 S;RVICE FOR ANNEXW AREA, CITY OF DENTON, TEXAS
WHEREAS, Article 970a as amended requires that a plan of servira
be adopted by tho govvrr.ing body of a city prior to passage of an ordinance
annexing an aron; twit
WHEREAS, tho City of Denton is contemplating annexation of an
area which is boundod its shown on a map of the proposed annexation.
NOW, THEREFORE,, BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1. Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of se2:--i.-4:
I. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using preF;ent personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards.
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation.
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 4.09., of appendix A of the code of the
City of Denton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4,09 ,)f
appendix A of the code of the City of Denton, Te.cas,
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. Ht. roots
(t) Emergency maintenance of streets (repair of hazardous
chuckholes, moaHures necessary for traffic flow, etc.)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation.
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city,
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 ,juri.diction 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 ciaveloped areas in accordance with the
established policies of the city.
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parka, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
Service Plan
Annexed Areas
Page three
L. Miscellaneous
I
(1) Street name signH where needed will be installed
within approxi.matoly 6 months after the effective
date or annexati.on.
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.
I
P b Z Minutes
February 12, 1986
Page 18
DECISION: Ms. Brock moved to recommend approval of an
or nonce of the City of Denton, Texas, abandoning and
vacating certain utility easements as described herein;
and declaring an effective date. (Southern Hills Addition)
Seconded by Mr. Escue and unanimously carried (6-0),
F. A-30. Proposed annexation of approximately 614.6 acres
beginning north of Old Alton Estates, south of Ryan Road,
west of FM 2181, and east of G.C, & S.F. Railroad.
STAFF REPORT: Mr. Ellison stated that the roads included
In this annexation would be maintained by the City. He
said that staff recommends that the following at a minimum
be annexed: (1) 17S acre voluntary porticn petitioned by
kichard Compton and R. J. Button; (2) 80 acre Acme Brick
site; and (3) 217 acres along the south side of Hickory
Creek Road.
DECISION: Mr. Claiborne moved to recommend approval of
proposed annexation of approximately 614.6 acres beginning
north of Old Alton Estates, 0,outh of Ryan Road, west of FM
2181, and east of G.C. 8 S.F. Railroad. Seconded by Mr.
Escue and unanimously carried (6-0).
G. AA-33. Proposed annexation of 12S.72S acres located at
Kings Row and proposed Loop 288, south of Oak Bend Estates,
and south of Sllverdome Road.
STAFF REPORT: Mr. Ellison state<1 that this is a voluntary
annexation Fequest by Teasley Road Associates. He added
that the DISD has submitted a preliminary plat for a 10
acre school site in this proposed annexation. tie said
that this area has a fairly strong development potential.
Mr. Juren asked if Oak Bent Estates is included in this
annexation. Mr. Ellison said no.
DECISION: Ms. Brock moved to recommend approval of
proposed annexation of 125.525 acres located at Kings Row
a111 pproposed Loop 288, south of W , Bend Estates, and
south of Silverdome Road. Second:: by Mr. Escue and
unanimously carried (6-0),
11. A-34. Proposed annexation of approximately 102.49 acres
6epTnning adjacent and north of Jim Christal Road, south
of U.S. Highway 380 west, approximately 1/2 mile east of
Egan Road and 3/4 mile west of Underwood Road.
STAFF REPORT: Mr. Ellison stated that this is a voluntary
request whin an accompanying petition for light industrial
(LI) zoning. The tract is located approximately 3/4 to 1
mile west of the Municipal Airport and the owners have not
submitted any information regarding specific plans for the
site. He said that there are no existing structures or
population In the area of request. He said that this
would be a benefit to the City and that there is a need to
analyze these remote areas of the City.
DECISION: Mr. Escue moved to recommend approval of PTO-
posed annexation of approximately 102.49 acres beginning
adjacent and north of Jim Christal Road, south of U.S,
Highway 380 west, approximat^ly 1/2 mile east of Egan Road
and 3/4 mile west of Under,r^ud Road. Seconded by Ms. Cole
and unanimously carried (6-0).
1. DISCUSSION OF PROPOSAL FOR AN AMENDMENT TO THE CITY
URVINME which curren y permits a tavern or c u `to
operate within only 100 feet of a dwelling.
A-33
ANNEXATION SCHEDULE
January 27, 1986 Submit agenda item
January 290 1986 Submit agenda back-up
February 4, 1986 City Council sets date, time and place
for public hearing
✓ February S. 1986 Notice to Denton Record Chronicle
i/February 7, 1986 P•,blish notice and ma tiout
i--- February 10, 1986 Submit agenda item
,-,-February 12, 1986 Submit agenda back-up
t, February 12, 1986 Planning & Zoning Commission makes
recommendation
February 18, 1986 City Council holds first public hearing
v- February 19, 1986 Notice to Denton Record Chronicle
✓ February 21, 1986 Publish notice and matlout
February 24, 1986 Submit agenda item
,.Sbruacy 26, 1986 Submit agenda back-up
March 40 1986 City Council holds second public hearing
March 10, 1986 Submit agenda item
March 12, 1985 Submit agenda back-up
* March 18, 1986 City council institutes annexation
procesdingt
March 20, 1986 Ordinance to Denton Record Chronicle
March 23, 1966 Publish ordinance
April 21, 1986 Submit agenda item
April 23, 1986 Submit agenda back-up
* April 29, 1936 Final action by city council at special
called meeting
* Denotes action by the City Council
09649
DATE: 03/18/86
CITY COUNCIL REPORT FORMAT /
TO: May01 Alid Mernhvrs of the City Council
FROM: Lloyd I1nrrol1, city Manager
SUBJECT: ADOPTION OF ORDINANCE FOR ZONING CASE z-1747
RECOMMENDATION:
The City Council approved this petition after a public hearing at
its meeting of July 16, 1985.
SUMMARY:
This was a petition for a change in zoning from the multi-family
(MF-1) and general retail (GR) districts to the planned development
(PD) district on a tract located on the west side of Bonnie Brae
street approximately 500 feet north of West Oak Street. The planned
development will permit the construction and development of a
medical center and hospital.
BACKGROUND:
The intensity/density standard for the moderate intensity area has
not been exceeded with the approval of this development. The land
use is compatible with Development Guide policies and surrounding
land uses.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
Respectfully submitted:
r A
Lloyd Hd'rrell
Prepared by: City M nager
1,
Denise spive~'
Urban Planner
Appr e
Jeff Mey61:
Director of Planning
and Development
0167e/l
1361L
NO
AN ORDINANCE AMENDING I'HE ZONING NEAP OF THE CITY OF DENTON,
'IT?XASI AS SAME WAS ADOPTLD AS AN APPENDIX 'fO THE CODE OF
ORDINANCES OF rHE CITY OF DEN'I'ON, 'r us BY 7RDIXANCE NO. 69-1,
AS 101ENDED, AND AS SAID MAP APPLIES TO 4.344 ACRES OF LAUD
L
FEET OCATED ON Cif.' WFST SIDE OF BONVIE BRAE STREET APPROXIMATELY 500
A,-, 15 MORE PARTICULARLY DESCBED
HEREIN; To OF WEST
IN ZONING CiASS FFICATIONR`ROM
GENERAL RETAIL "GR" AND MULTI-FAMILY "MF-1" DISTRICT CLASSIFICA-
TION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT
CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN A
MAXIMUM AMOUNT OF $11000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the zoning classification and use designation of the
real property described in Exhibit "A", attached hereto and
incorporated herein by reference, is hereby changed from General
Retail GR and Multi - family "MF-1" District Cla;,cification and
Use designation to Plannod Development: "iD" DiS(.rict Classif.i-
cattoil and Use designation under the coiuprr?iensive zoning
ordinance of the City of Denton, 'T'exas.
SF(,TION II.
That the development and use of Clio district shall be In
substantial compliance with the Exhibit "B" site plan attached
hereto and Incorporated by reference huraia and shall be subjt:ct
to the following conditions and restrictions;
1. Open spaces, such as setbacks, ggreenbelts and land-
scaping areas shall not be used for parking,
2. All areas designated for landscaping shall be land-
scaped prior to Clio issuance of t:,y certificates of
occupancy.
SECTION III.
The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas under Ordinance No,
69-1, as amended, is hereby amended to show such change in
District Classi' ration and Use subject to the above conditions
and specifications,
SECTION IV.
That the City Council of the City of Denton, Texas, hereby
finds that such chance is in accordance with a comprehensive
plan for the purpove of rom tang the general welfare of the
City of Denton, Texas, and with reasonable consideration, among
other things for the character of the district and for 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.
I
!4;CPION V,
Any puraun who ahall violate a )roalslon of this ordinance,
ur WAN Lu uctiftply therewith ur w th any of the requirements
thuruof, or of it ~ormit or certiflcaLa issued thereunder, shall
be guilty of n [osdomoanor ppuntahablu by a fine not exceeding
One Thousand Dollars ($1,000.00). Each such person shell be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation, of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above,
SECTION VI.
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the captLon of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of L•he City of Denton, Texas, within ten (10) days of
the date of its passage.
PASSED AND APPROVED this the day of , 1986.
MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CRARLUTT9 ALLEN CITY E~
CITY OF DENTON,jTEXAS a L
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
Z-1747/PAGE 2
'HIBIT '1A"
i i I. 7 ~ '1 5
?d-'ex iuhr!fvlsi)n '.ntrfIn "
Lot 3 "11nc;; ; I
X11 t1^t C?rt 91!1 Ilt, Cr 3cC ar 1a rc?l of ' in, 31tr;
°)cnnlall 'urv?S', 3hstrsct )7), j^lton r;ntnil in tie
Cf'1^_; n!L't' 11! Of LJts I 'l!'f ^ Qf SIOC;I Of , ' 't >t'7gr 5)i
~I i~'11'I ci )n,
71R '
f 9C0 r''.?,' In l^1'1'ln 7 ) Dnr
pa J.. Of Ch? ~113t Orly a.♦
Yas, d!1'. °.1 D' CSC Crnct SC in" 111% 9e4 herein , 1.)n i7.)
fuIIv ,i-scr!')od 9s fo110.,s: ni^ 7° ?'!n r"
cle.•inni i f,r tin northw -st c orner of this tree, It t'le soat4,'!st
corner of sill ',ot B:oct: A, 'fed-?'ex Subiliviston;
filet)^e iorth 3rr '!air??s 11 -routes 57 seC)nds !~ast :1 disc BRCe Jf
+7.. f)O 1-t to tie s,)utdl?nst Cirner of !,ot 1
,vblivisunl 'fine A ~f said
11)nc? 'forth 12 d??runs 43 '1l nt1C^.S 2' i"o-)
t tho nnrtiw?st c•)rr,?r of Lot i of t'n!
Jr l^ 1I!iCiq 1'ri
r-~,Ir n' In )II y3 to 7 of t!:? it
-1p 9, n
i!i?,IC+ ')rlll_h Q`. 1°•7r1es j3 nln'1:')'! Ji
-')').1•. feet t0 L'14 north,!nst c)riicr III' Jt
i+liti rat ca11e r1~
i,erlco ;out!) 12 de!rens 37 minutes 37 s?conds ;)st wICi tae :est
ri,ht -of - ;av line of Ronnie Brae Street a (I is-3nc? of 1)),37 foet to
tie souC!ienst eorner of Lot 4 and the northen,at corner of Lot ' of r`,?
sail 3onni "r3e Addition;
Thence South 12 'Io3rees 45 Minutes 33 secon'l3 ':ast 41:' vi'
Wav line a distance of 99.37 feet to the srn)t'Ieast :nrnlr of said I,ot
3 and the northeast corner of Lot 1, Bloc',; 1, "ento) ?rtire,?nt Center
and recorded in Cahlnet D, page 273 of the Flat °ecor13, Denton
County, Texas;
Thence 'forth 33 degrees 57 minutes 03 neconds '.est a distance of
301,87 feet to the southwest corner of said Lot 3, 1lonnie 3r9
Add itIon t
Thence North 89 degrees 40 minutes 34 seconds Welt a llstance of
520,72 feet to the northwest corner of said Lot 1, Bloc:, 1, 17enton
Retirement Center;
Thence North 01 degrees 22 minutes 22 seconds West a distance of
244,21 feet to the Point of Beginning and containing 4.844 acres of
lend.
Z-1747
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r'~!7~lI~(i°!1'I / • ~ tit 1• C~LY'
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Z-1*0
DATE: 03/18/86
CITY_COUMCIL REPORT FORMAT
TO: Mayor and Mombot,u of thn City Council
FROM: Lloyd ilarrollf Cll.y MnnnUer
SUBJECT: ADOPTION OF 0141)INANCE FOR XLINING CASE Z-1751
RECOMMENDATION:
The City Council approved this petition after a public hearing at
its meeting of August 6, 1985,
SUMMARY:
This was a request ° r a chango in zoning from the agricultural (A)
district to the p: oned development (PD) district on a 63.7 acre
tract located at the southeast corner of F.M. 1515 (Airport Road)
and Underwood Road.
BACKGROUND:
The property is located in a high intensity area designated by the
Denton Development Guide as the major employment sector of the
City. Its proximity to the Municipal Airport and other industrial
sites make this an excellent location for industrial development.
PROGRAMS, DEPARTMENTS OR GROUPS W FECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
Respectfully submitted:
Lloyd H re1l~~~~L:ll~!6d..~
Prepared by. City Manager
.r . J00,14,1 t
Denise e Spivey
Urban Planner
App ve
tr
Jeff Meyer -
Director of Planning
and Development
0167e/2
i
1352L
NO.
AN ORDINANCE AHE-NDINO 'rile ZONING NAP OF TIIE UI-ty OF DENTON,
• TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF 'rile CITY OF DENTON, TEXAS BY ORDINANCE iro. 69-10
AS AMENDED, AND AS SAID MAP APPLIES TO 63.7 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNER OF FM 1515 A14D UNDERWOOD ROi!Dp
AS IS MORE PARTICULARLY DESCKIBED IIF:REIN; TO PROVIDE FOR A
CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT
CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD"
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATF.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the zoning classification and use designation of the
real property descr?bed in Exhibit "A", attached hereto and
incorporated herein by reference, is hereby changed from
A ricultural "A" District Classification and Use designation to
Plannod Development "PD" District Classificatton and Use
designation under the comprehensive zoning ordinance of the City
of Denton, Texaa.
SECTION II.
That prior to the beginning of any construction or develop-
ment within the district created herein and prior to the issuance
of any building permits for buildings therein, the following
conditions shall be met:
A. A detailed comprehensive site plan for all or part of the
district for which development is proposed shall be submitted
for approval in accordance with the provisions of Appendix
B-Zoning of the Code of Ordinances. The comprehensive site plan
required herein shall he submitted in the manner and form
acceptable to the Department of Planning and Community Develop-
ment and shall contain information as to all proposed land uses
and development standards, including, but not limited to, the
location of all buildings, streets, parking areas, open spaces,
recreation or park areas, major utilities and drainage
facilities; the maximum height of buildings, the dimensions of
lots, maximum lot coverage, building setbacks, buffering or
screening areas or facilities, and the regulations to be applied
to signs.
B. The proposed comprehensive site plan herein required to
be submitted shell not, in any case, be inconsistent with the
following:
(1) Any height limitations applicable to the district,
including thoae q?pltcable to the district by
reason of its proximity to the Denton Municipal
Airport.
(2) Proposed land uses to be shown on t-.he required
comprehensive site plan shell be limited to the
following uses listed in Article 7 of Appendix
B-Zoning:
I
(a) At1 11 ty, accessory, and incidental uses
Sava private community centers and home
oc(: III) tit Ions.
(b) All transportation related uses.
(c) All automobile service uses except auto
wrecking or salvage yards and tire retreading
or capping.
(d) All retail and service type uses.
(e) All sign and identification uses except
apartment name and institutional signs.
(f) All agricultural type uses except for farms
and ranches.
(g) All commercial type uses except for sand,
gravel, or earth sales and storage and
trailer rental or sales.
(h) All ilAlit manufacturing or industrial uses
which meet the performance standards pre-
scribed by article 9. A of Appendix B-Zoning.
SECTION III.
'that the approval of the district as provided for herein
shall not, and is riot intended to, be deemed approval of any
particular land use In such district, but shall be construed
only to mean that those proposed land uses, as provided for
herein, may be considered as possible appropriate uses for the
district at the time the comprehensive site plan in submitted
therefore, the approval thereof being based upon relevant
factors which may Include, but not be limited to: the time
elapsed from the effective date of this ordinance to the date
the comprehensive site plan for the district is submitted; the
number of proposed buildings or dwelling units and proposed
uses; the arrangement and design of the buildings, streets,
parking areas, utilities and other development features; and the
proposed regulations to be applied to the district.
SECTION IV.
That the development of the property shall be in substantial
compliance with the final comprehensive site plan hereafter
approved and made a part hereof for all purposes and the regula-
tion3, conditions, and provisions herein contained.
The Zoning Map of tae City of Denton, 'texas, adopted the 14th
day of January, 1969, as an Appendix to the Coda of Ordinances
of the City of Denton, Texas under ordinance No. 69-1, as
amended, is hereby amended to show such change In District
Classif1 cation and Use subject to the above conditions and
specifications.
SECTION V.
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 general welfare of the
City of Denton, Texas, and with r enable consideration, among
other things for the character .,i the district and for its
Z-1751/PAGE 2
peculiar suitability or particular uses, and with a view to
consurving the value of the buildings, protecting humpn lives,
And oncouraging tho most a propriate uses of land for the
maximu!n banefiC to the City of Denton, Texas, and its citizens.
SECTION VI.
Any person who shall violate a provision of this ordinance,
or fails to comply therewith or with any of the requirements
thereof, or of a )ermtt 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 every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECTION VII.
That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record -Chronicle, the official newspaper of
the City of Denton, Texan, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the day of , 1986.
CITY OF DENTON, TEXAS
ATTEST
CHARLOTTE ALLEN,
CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
NY: 'Y 1 ti~
2-1751/PACE 3
ISXIII811' A!
'1`.~" !1111; 70 63,7475 ACRES IN THE WILLIAM NF.ILL SURVEY, 18SIRACT
A?I ;oat cartaln tri(j or parcel of land situated in the w+if fam
'ieiII Sw'Vn; Abstract 910, Denton Co+rnty, texas, sand tract being
tracts shown by deed to Patrick T. Breen as recorded in Volume
)4, Page 63 and Volume W. Page M of the Deed Records of Denton
~:ounty, Texas, and being more particularly described as follows:
3EG''NNiNG for the southeast corner of the tract being described ho W n
at a point se t in road at the apparent most Eastern Southeast corner
of said 'ic+)i Survey bning also the Southeast corner of said Breen
tract sho.v,n in Vol,ime 454, Page 63, Deed Records of Denton County, Ter.as:
''{L!ICF. North 39 degrees 16 minutes 51 seconds (Vest at 26.x,0 feetAcorner
onst, oviralI a distance +vitn fence of 2725,99 feet for the Southwest
Corn:-; o` said Breen tract and t'ie Northwest corner of the J. U, Hardin
Surv^.y, Abst,.A,t IG56;
r:if.!ICC forth 0 degrees, 53 minutes it seconds :!nst with centerline of
riad and the 'ast line of tract shown by deed to the City of Denton and
recorded in Volume 305, Page 324, o` the Deed Records of Denton County,
Texas, for a distance of 1312.5; fe,,t to an iron oln set in the ^rouud;
TnC1ICC.South 89 degrees e9 minutes 37 seconds East with said road 12115.13
Feet to a corner cost set In the ground at. the Northwest corner of tract
shown by deed to J, Newton Raytor.as re.nurded in Volume 417, Page 399,
Deed `records of Denton County, Texas;
T,{F!ICE South 0 degrees 24 minutes 01 secon':s Jest 516,16 feet with fence
at cross-tie corner post for Southwest corr±r of said Ray7or• tract;
Ti'FNC4' South 89 degrees 17 minutes 48 secono'; Edst 1456,94 feet to on
iron Ain !'ound in road the Southeast corner of said Raynor tract;
T"ENCE South 0 degrees 00 minutes 11 seconds ll?st 750,73 feet to the
noin' of Aeginning, and containing 63.7475 acres of 1,)nd.
,
Z-1751
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Z IT51
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i
DATE: 03/18/86
CITY CO W l G REPORT FORMAT
T0: Mayor and Membern of the C11y (:ouncil
FROM: i,loyd Ilarrel.i, City Manacldl
SUBJECT; ADOP7,IoN OF ORDINANCE FOR TONING CANS 7,-.1757
RECOMMENDATION:
The City Council approved this request after a public hearing at its
meeting of August 20, 1985.
SUMMARY:
This was a request for a change in zoning from the agricultural (A)
diAf*rict to the light industrial (LI) district on a 3.7 acre tract
located on the west side of Cooper Creek Road approximately 150 feet
north of U.S. Highway 380.
BACKGROUND;
The proposed land use of office, showroom, industrial warehouse is
compatible with other land uses in the area,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
Respectfully submitted:
Lloyd H rel
Prepared rby: City Manager
~I ~ 1 N `Denise Sp ve{ y;
Urban Planner
App ve
Jeff Meyer.....:,..,
Director of Planning
and Development
0167e/3
f
1362L
NU .
+ AN ORDINANCE AMENDING T104 ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX 'I'0 THE CODE OF
ORDINANCES OF THE CITY Cie DENTON, TEXAS, BY ORDINANCE NO. 69-19
AND AS SAID MAP APPLIES TO APPROXIMATELY 3.7 ACRES OF LAND
LOCATED ON THE WEST SIDE OF COOPER CREEK ROAD APPROXIMATELY 150
FEET NORTH OF U. S. HIGHWAY 380, AS I5 MORE PARTICULxRLY
DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION AND USE DESIGNATION FROH AGRICULTURAL "A"
DISTRICT CLASSIFICATION AND USE TO LIGHT INDUSTRIAL "LIP'
CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A
MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR
A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DA'L'E,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS;
SECTION I.
That the Zoning Classification and Use designation applicable
to all or part of the property described in Exhibit "A" attached
hereto and incorporated by reference herein, is hereby changed
from Agricultural "A" District Classification and Use to Light
Industrial "LI" District Classification tend Use under the
Comprehenhive Zoning Ordinance of the City of Denton, Texas,
SECTIUN 11.
The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas under Ordinance IVo.
69-1, be, and the same is hereby amended to show such change in
District Classification and Use.
SECTIO14 171.
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 general welfare of the
City of Denton, Texas, and with reasonable consideration, among
other things for tho character of the district and for 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 use3 of land for the
maximum benefit to the City of Denton, Texas, and itrs citizens.
SECTION IV.
Any person who shall violate a provision of this ordinance,
or falls to comply therewith or with any of the requirements
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 every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above,
SLCT£ON V.
That this ordinance shall become effective fourteen (14)
days from the dare of its passage, and the City Secretary is
I
hereby dlrovCed to cnuuo till cation of this ordinance to be
pub Iishud Fwien in dho Denton Record-Chronicia, the official
nuwspapor of the City o1.' Denton, TexaN, within ton (10) days of
Lhu dntu of 111 pasNaKv,
•
PASSED AND APPROVED this tho doy of , 1986.
RAYOR
CITY OF DENTON, TEXAS
ATTEST;
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF UENTON, TEXAS
BY; WV,"
Z-1757/PAGE 2
Exil I H'T "A"
FIRED NOTES TO 5.7713 AcR4f LN R4 N.t.►. 6 ►-1-1 COMTANY sulvar
•AUTIAOT 146$0 CITY AND COMM N01 DEN101h TXW-
ALL TWAT CONTAIN TRACT ON PANCEL Of LANG SlIVATID IN TIM X,9-7, &
PJ.N cwANT SUSr4Y0 AUTZA47 14690 CITY AND COUNTY Of DLNTOAt
TE=AS, 141111 ALL OT A CIRTAI1 (CALLA) TWT WO AND TRACT 700
OEUCRIM 11 A DO=D /MIN REAL Co RATS. IT 01 TO NAALLSON COST,=
R000t INC. OE INS 13YR DAY or SUTTOO4N 1$030 1RCona to voL1A0<
12360 PAN 2$$0 DIED R=COODO Of SAID COUM v AA SlAim 1106= PALLY
DNOCILIA AS !OLIAEUI
{011 110 AT A YOURi IWON Pit, AT TO SOUSEAUT CORN44 Of -A io
TRACT we CM TO NUT SO0AAW LIRE 0 TO NO 6 R4 CC' ,
SONY4Tp AYTNUT 14AP0 AM T14 NlUT 10NAARI LIO Of TN:
rowmT OURfElO AN.TNACT 417, 01 I= MERI f000A4Y LIWS
CON CISK 21AW0 SAM C011E1 SEIMZ AM THE NONTUM CWAM if
A T1AYT WpOUM 11 A WO RON QUIWI NO OW TO PAUL OALW AM
RW400 I1 VOLONE $210 PAGE 6041 DNNO MOM Of WNEDI COUIYYI
TSEMC4 Sol 71 OWSIOS It NINOTEN 01 0=000 OEUT OITR A YOM A
D1ITANN11 of 115.5$ rw TO AR LIM Tx1 AN21 tISO Comm 1T TEN
VO%=WNAT Coo= Of A (CALL40) 0.4$4 ACES TRACT WWUSRW IV A
OEM ma Y.R. D000LAU0 ET a To 03. mmo RT Ott 1lcosm 271
"Los 4060 TAoi 2000 U= RRC0401 Of DOWN OOWT, SANE SUN
TO 901011NT CMU 00 A TRACT IWOM PITT TO MILLIWUNAI EECORAED
11 V0IW 33$0 TAN/ 3010 0® XNXM 01 DVTTON COMMI
rwm "m 61 WRWRREO 51 9 11111q 14 OECOM S VOT VITR A liMCE A
DISTA W, of =60.1 FM TO AN IM PIN AND MM CONRO AT TRN
""MM CONI N "ID TRACT OME NNIOR I! TO NOCTIN UT CONXIS,
01 A TWI bona= IR A OM Bonn O.E. OTOCRAW PET UZ To E.N.
NAMWf 11RioRREN if ►OL= 3740 1A04 4120 =0 W4CONDU Of
ogn=. COUNT i
now Norm 00 1REiENO 36 mow= 0 #20=0 WWI NITR A PEIOR
PARr of :RR UAT A NIRARQi Of 341.1$ SENT TO AR 04" TIN YEN"
CUNMRt AT THE MOM WI COW11A Of SAM T149T 00 OW THE NOR7N
NOLIDAm Lot Of zO RMt 6 M MOM $Carol$ ANTLCI 1400
MRICR It fM 0005 100101AW LIU Of TO 0- MII. XAW SOYRT,
AIUTRAW 1211r AM TEN IOUs! /CWALW LINE Of A (CALLA) 24.166
ACS! "ACT DUWAISO IN A DRRO 1201 In GUO GIANT COIOAWT TO
THE PtUMON OMANI AND WIWWRD IN "U"A 125$0 PA" SS30
440E fRwun am" Of DExTOIf COURYTI
TWNMO mm N 010NWiU 53 NI11011 4U S0 SNOONSN 4AJT PASS THE
SOWYNWT CONNR Of TR4 S. MILLLAO SURVEY ANN CONTINUING PASS
COOM am NDA1 A DIOTAMQi 01 40940 FM 10 TNt No4TEEAiT
COME& of RAID KAY 6 INh ownw 6947104 AT AN INON 8L CORNER of
To N. 10N2OT SU MP AMTEACT 417 WEAN TN4 11DNTRSASTZULT
10ONRA0S LIWM OP COOKS CRW ROADI
?go= 00WTN 04 DE003U 23 NINTIIU 41 9E000S HEFT MITI TO EAST
10UR0AW LINE Of To W 0 PRE CAWAN< $0E+111 Y PAN A KID IN
CWU 041114 WD AM -OM MIX %112 TU NEST WOMIRIARI L1WE 01
$Ar MW A DISTANCU Of 700,33 1ST TO THE POINT Of 1001101110 AND
COMTAl"m 3.1715 000241 Of LAM,
Z-2757
DATE: 03/19/66
^IPY COUNL'~A i;-SPORT FORMAT
110: MAyur and Members of the ('fly council
FROM: Lloyd Ilartall, City Manager
GUBJEC I ADOPTION OF 01ADLNANCE FOR 7.ONINO CASK: 'l,-a'770
RECOMMENDATION:
The City Council appioved this request after a public hearing at its
meeting of November 5, 1985.
SUMMARY:
This was a request for a change in zoning from the two-family (2-F)
district to the planned development (PD) district for office use on
a 0.426 acre tract located at the Poutheast corner of Carroll
Boulevard and Prairie Street.
BACKGROUND:
The proposed office land use does not violate the intensity/density
standard for the area and the planned development guarantees a
measure of protection for the adjacent neighborhood.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
Respectfully submitted:
Lloyd N rell
Prepared by: City Manager
Denise Spfve
Urban Planner
App r ed
JEff Mcysj_
Director of Planning
and Development
0167e/4
1358L
NO.
AN ORDINANCE AMENDING THE ILINING MA!' OF THE CITY OF DENTON,
• TEXAS, AS SAME. WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE N0. 69-1,
AS AMENDED, AND AS SAID MAP APPLIES TO 0.426 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNER OF CARROLL BOULEVARD AND PRAIRIE
STREET AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR
A CHANGE IN ZONING CLASSIFICATION FROM TWO-FAMILY "2-F" DISTRICT
CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD"
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY NJT TO EXCEED $1,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS,
SECTION I.
That the Zoning Classification and Use designation applicable
to all or part of the propert,v dcscribed in Exhibit "A", attached
hereto and incorporatod by reference herein, is hereby changed
from Two-Family "2-F" District Classification and Use P-o Planned
Development "PD" Diakrict Classification and Use under the
Comprehensive Zoning Ordinance of the City of Denton, Texas.
SECTION 11.
That the development and use of the district shall be in
substantial compiiancu with the Exhibit "H" ,alto plan attached
hereto and incorporated herein by reference, subject to the
following conditions and restrictions;
1. The district shall be limited to office uses.
2. No detached signs shall be permitted.
3. Building height will be limited to no more than two
stories.
4. The areas shown for landscaping shall be landscaped
prior to the issuance of any certificates of
occupancy, and shall thereafter be maintained in a
condition uubstantially comparable to the original
installation.
5. The building shall be of a maximum floor area of
6,750 square feet.
SECTION III.
The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas under Ordinance No.
69-1, be, and the same is hereby amended to show such change in
District Classification and Use subject to the above conditions
and specifications.
SECTION IV.
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordanco with a comprehensive
plan for thu purlioye of promoting the ggonoral welfare of the
city of Doaton't 'l'uxas, and with roaaonnble consideration, among
other things for the character of the district and for its
peculiar 8ultaht14y or pnrttcular uses, nn,{ with a view to
• conserving th0 value of tho buildings, protecting human lives,
and oncouraging tho most apropriatu uaea of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION V.
Any person who shall violate a provision of this ordinance,
or fails to comply therewith or with any of the requirements
thereof, or of a pormit or certificate issued thereunder, shall
be guilty of a misdemeanor punishable by a fine not exceeding
One Thousand Dollars (JI,000.00). Each such person shall be
deemed guilty of a sepr,rate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECTION VI.
That this ordinance shall become effective fourteen (14?
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, the official
newspaper of the City of Denton, 't'cxas, within ten (10) days of
the date of its passage.
PASSED AND APPROVED this t!u day of , 1966.
HAYOR
CITY OF DENTON) TEXAS
ATTEST:
MLOTTE ALLENO CITY CfE TA Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEMA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY Oe DENTON, TEXAS
aY: t llL,,~ti _
Z-1770/PAGE 2
%XHIBIi .a.'
TRACT On
1'11!.1111171:1 TO 0.411 AC199 IN THEWILLIW WVIMC SUIVEY, AISTIIACT
'SV, "MION COUNTY, I91{AI. '
+ 411. THAT CCITAIN TRACT OR PASCEL Of LAND SITUAfIO IN TNk WILLIAM
IUVINU SIISWkT, AINYNACT 151, DENTON COUNTY, TESAS, IkINC rAiT (IF
TWO TIACTI DVSCAIIAS IN A OkRD FROM HINNY L. WWII, ET U9 TO rAkU
I/, WW" ON TNk 'UTN UAY Or MARCH, 1904 RECOUKLI IN VULUNS $P,
r"k 521, AIM! VOLUME 1006 PACE 1451 0910 ANCORDS OF SAID COUNTY,
AMD DIINC MORt fVLI,Y 09SCRINCO At 10LLOWSI
"U'"NING AT THE NORTHEAST CORNBI DF SAID fIVD MOORS TRACT AS
119SCR1140 IN YOLUMk $9, PACE 514, DRto 2lCU1OB OF SAID COUNTY, AN
INYN VIM IN TMC SOUTH IIGNT•Of-WAY Ur PAAII14 sranti
rmt;NC9 SoUTII 00 Dt uKs 14 NIMWTI/ 11 SRCogw EAST AIAW A ftMCt
A DIS'IAMCC 01 154.91 FIST TO AN 1100 PIN IM A CALLLN 14 NOT
ALLrY;
TN911L't SOUTM 41 DIGIRVS It MINUTRI 41 Itcown WttT ALOIAS 6410
ALI.kY A 01STANC9 OF IIt.11 FIST TO AN IRON PIN;
IMLMCL MURTN 00 Dk4A91S TI MINUTES 51 SACON01 WUT, IO 1117 V16M
AND PASALL96 WI1N TNk !AST CUAI OF CA,IAALL SOULEVAAII, A DINTANCI
of 145,10 F69T TO AJI IRON PINT
TNAK49 UNTO 69 01WAXIS 45 MINUTES S1 SIC011153 EAST ALONG rMt
5UUfM 1IGMT-0I-WAY OF PRAIAII STVAII A DISTAIMIE Or 11►.JI ?ENT TO
ThE POINT OF IWIMNINC A140 CONTAINING 0.414 ACRES OF LAW
TRACT TWO
fICI.D HIM$ TO 0.141 ACRES 10 TNS WILLIAM LOVING SURVSY, 4117AACT
1594 ORom COUNT4, 721AS,
ALL THAT CVATAIN TRACT Ot PAACSL Of LAW SITWATBW IM TNJI WILLIAM
LOVINU SURVRT, AIBTRACT 1S94 DfNTON COWNTT, T91AS, U111O A PART
UV A CfVTA1N 4CAl.Li1111J 0.31► ACRS TRACT HU" AY ►ADDIk 1.. MOM,
IT Al. TO TH1 C 1 fY Or DCWTON, T4.TAS ON TIC 1100 MY Or DLCE1 1441%
19611 AACom" IM VOLUNS S►i, PAOS 1040 DRID ASCotos or SAID
("Wi 7V, AND 19I NG MOOR FULLY URSCRI M AS FOLLOWY I
10.1.1NWING AT TMk MUITNKAff C#AM OF SAID O.JI► ACAS TRACT A
MINT IN, ITIN $MTN OWW"Y LINE 01 WtST POAISIt STS"TI
TNFMCC I011Tf 00 DRCRIn 24 MINUTES $1 SRCONOA LAST A DISTANCR Or
15$.11 FRST TO A POINT It A CALLAS )0 SOOT ALLRYI
TNENCI; ROUTN 11 OSOVARI N MINIIM 41 SSCoNOS WLST A DISTANCS OF
40.0 FEET To AN IRON PINT
TM9NCS NORTH a OROASSS 16 MINIMA 51 I900$W/ IIRt*r 10 ?BIT •RDN
Am ►AAALLtL WJTN TTIR VAST UUAO or CAAAOLL WULSVAIID, A DIt,AMIV
111 111,10 PNAT TO AN W" FIN;
THONCB NORTH A► DVOARSS 45 NINUT96 57 SRCOMOA VAST A OISTAMOS Of
40.11 Play TO TNR min? of RkY1NNCMu AAA CONTAINJMR 0,111 ACVA or
LAND.
2-1770
!.';;ltIBI'i I'LL"
PRARIE STREET _
I l
1T
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i
7
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Z-]770
- ~r
DATE: 03/18/86
CITY COUNCIL REPORT FORMAT
TO: Mayor and Membern of the City Council
FROM: Lloyd Harrell, City Manager
SUBJECT: ADOPTION OF ORDINANCE FOR ZONING CASE Z-1775
RECOMMENDATION:
The City Council approved this request after a public hearing at its
meeting of December 3, 1985.
SUMMl,RY:
This was a request for a change in zoning from the agricultural (A)
district tc the planned development (PD) district for single family
detached land use on a 22.7 acre tract located approximately 1,000
feet south of Audra Lane and 11000 feet west of Mockingbird Lane.
BACKGROUND:
This land use does riot violate the intensity titandard for the area
and is compatible with surrounding land users and zoning.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
Respectfully submitted:
Lloyd li rell j,-
Prepared by: City Manager
,t -n-i f.1.- - - -
Denise Sp vey
Urban Planner
Appr ed
Jeff meyef"'Is "I
Director of Planning
and Development
U167e/5
L311L
NO.
AN 01MI ANCE AMENIJINU THE ZONING MAP OF 'THE CITY OF DENTON,
• 'TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF 'rNE CITY OF DENTUN, TEXAS BY OROINANCd N0. 69-1,
AS AMENDED, AND AS SAM MAP APPLIES TO 22.7 ACRES OF LAND
LOCATED APPROXIMATELY 1,000 FEET SOUTH OF AUDRA LANE AS IS MORE
PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IR ZONING
CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND
USE DESIGNATION, TO PLANNED DEVXLOPMENT "PD" DISTRICT CLASSIFICA-
TION AND USE DESIGNATION; PROVIDING FOR A PENALTY NOT TO EXCEED
$1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS) HEREBY ORDAINS:
SECTION I.
That the Zoning Classification and Use designation applicable
to all or part of the property described in Exhibit "A", attached
hereto and incorporated by reference herein, is hereby changed
from Agricultural "A" District Classification and Use to Planned
Development "PD" District Classification and Use under the
Comprehensive Zoning Ordinance of the City of Denton, Texas.
SECTIOti II.
That the devulopment and use of the district shall be in
substantial compliance with the Exhibit "B" site plan attached
hereto and incorporated herein by reference, and be subject to
the following conditions and restrictions:
1. All lots will be of a minimum size of 7,000 square
feet, have a minimum depth of 100 feet, and have a
minimum width of 60 feet.
2. All building setback linen, lot coverages, height
limitations and other regulations applicable to
single-famil•r (SF-7) zoning districts as specified
in Appendix B-Zoning of the Code of Ordinances shall
be applicable to the district.
3. Prior to the issuance of any certificates of occu-
pancy for any building in the district, sidewalks
shall be constructed to city specifications on the
south and west sides of all public streets.
SECTION III.
The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, 'texas under Ordinance No.
69-1, be, and the same is hereby amended to show such change in
District Classification and Use subject to the above conditions
and specifications.
SECTION IV.
That the My 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 general welfare of the
CLty of Dontou Texas, and wLth reasonable consideration, among
other things ?or lhu charmeter of the district and for its
peculiar, suitability or +1avtLcular uses, And with a view to
conserving Lila vAluu of the buildings, protecting human lives,
and encouraging the most np)roprlate u8as of land for the
maximum benefit to the City o Denton, Tuxae, and its citizens.
SECTION V.
Any or fails person who
any of of this ordinance,
therewith for a pro*rision
thereof, or of a permit or certificate issued thereunder, shall
be guilty of a misdemeanor punishable by a fine not exceeding
One Thousand Dollars ($1,00.00). Each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such pers( shall be punished within the limits above.
SECTION VI.
That this ordinance shall be-ome effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the capttl)n of this ordinance to be
published twice in the Denton Record-Chronicla, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of Lts passage.
PASSED AND APPROVED this the day of 1986.
CITY OF DENTON, TEXAS
ATTEST:
CIURLOTTE ALLL- CM SECRETARY
CITY OF DENTON,~TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
by:
-1775/PAGE 2
1
EXHIBIT At
FIELD NOTES
22,120 Acres
BE"NG all that certain Lot, tract or parcel of land situated in the
M-E.P it P.R.R Company Surveya, Abstract Numbers 1473 and 1479, oonton
County, Texas, being part of a certain (called) 24,713 acre tract
conveyed by deed from Marvin B. Fincher, and wife, Anna L. Fincher to
Helen W. ,Minshew, and Vernon B, Fincher, recorded !n Volume 812, Page
L, Deed Records of Denton County, Texas and being more parti
described as followsi cularly
BEOINNING at an iron rod found for corner at a fence intersection,
said point being the Northeast corner of said Fincher, tract)
THENCE S 03021100" W, 836.49 feet wi•, a fence line, being the East
Line of said Finch r tract to an iron rod found for cornerl
THENCE N 86026100" W, 1122.02 fast with the South line of said
Fincher tract to an iron rod set for :orner In said South line)
THENCE N 00051128" E, 137.10 test to an Iron rod sot for career)
THENCE S 89408132" E, 00.00 feet to an iron rod sot for corner)
THENCE N 00051128" E, 120.00 feet to an iron rod set for corner)
THENCE N 89008132" W, 240,00 f,;et to an iron rod set for corner in
the West line of said Fincher Tracts
THENCE N 00031128" E, 509,00 feet with said West line to an iron
rod found for corner, said pnlnt being the Northwest corner ,f jail
Fincher tract(
THENCE S 88.59132" ej 1307.94 feet with the North Line of laid
Finoher tract to the PLACE OF SEOINNING, and containing 22.720 acres
of land,
Z-1775
r
zNG, A '
11 . .M1 1 I' ;
It .1.
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H
- - 71 y
-77
a
.1 1 VOthtTr MAP ~
- MOCKINGBIRD WEST
ZONING CHANGE EXHIBIT
Mlr~ 1~~ •.j
~'11t 1~ ut1 1! IN bMt
• I. J' / LMR rIH 1411 44
• f 4141Yf If>sll,
LMIMIr✓AI
I 1 ' ~i I r"«~L"'M'L: • 41411. 1w
' I rvy Ywi•I~ w lu r.1 ...1
EXIRKE Eg01~EtlIgO
ZNG SF-7 i
~T wnnx
earuLern alta anru
. ~r owl"" p111 41A
DATE: 03/18/86
CITY COUNCIL REPORT FORMAT /
C.P
TO: Mayor and Members of the City Council
FROM: Lloyd Elarrell, City Mnringer
SUBJECT: ADOPTION OF ORDINANCE FOR ZONING CASE Z-1780
RECOMMENDATION:
The City Coun^tl approved this request after a public hearing at its
meeting of March 4, 1986.
SUMMARY:
This was a request for a change in zoning from the agricultural (A)
district io the planned development (PD) district on a 25.6 acre
tract located on the south side of U.S. Highway 77 at its
intersection vrith the proposed Loop 288.
BACKGROUND:
The proposed office and general retail land uses are compatible with
high intensity area policies.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
Respectfully submitted:
Lloyd N rell
Prepared by: City Manager.
Denise S ive ~
Urban Planner
App ve
Jeif Mey "'r-
Director of Planning
and Deve:cpment
0167e/6
1134L
NO. _
AN URDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS AI)OPTI:D AS AN APPENDIX 'f0 THE CODE OF
URDINANCES OF THE CITY OF DENTONI TEXAS BY ORDINANCE: NO. 69-1,
AS AMENDED, AND AS SAID MAP APPLIES TO 25.6 ACRhS OF LAND
LOCATED ON THE SOUTH SIDE OF U. S. HIGHWAY 77 AT ITS INTER-
SECTION WITH PROPOSED HIGHWAY LOOP 2880 AS IS MORE PARTICULARLY
DESCRIBED HEREIN; TO PROVIDE VOR A CHANGE IN ZONING CLASSIFI-
CATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE
DESIGNATION, TO PLANNCD DEVELOPMENT "PD" DISTRICT CLASSIFICATION
AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUPJ AMOUNT
OF $10000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEX,'.S, HEREBY ORDAINS:
SECTION 1.
That the zoning classification and use designation of the
real property described in Exhibit "A", attached hereto and
incorporated herein by reference, is hereby changed from
Agricultural A District Classification and Use designation to
Planned Develr;)ment PD District ClassLfication and Usa
designation under Lae comprehensive zoning ordinance of the City
of Denton, Texas.
SECTION II.
That prior to the beginning of any construction or develop-
ment within the district created herein and prior to the
issuance of any building permits for buildings therein, the
following conditions shell be met:
A. A detailed comprehensive site plan for all or part
of the district for which development is proposed
shall be submitted for approval in accordance with
the provisions of Appendix B-Zoning of the Code of
Ordinances. The comprehensive site plan required
herein shall be submitted in the manner and form
acceptable to the Department of Planning and
Community Development and shall contain the
following informsstion:
(1) All proposed land uses and development standards
including, but not limited to, the location of
all buildings, streets, parking areas, open
spaces, recreation or park areas, mayor utilities
and drainage facilities; the maximum height of
buildings, the dimensions of lots, maximum lot
coverage, building setbacks, buffering or screen-
ing areas or facilities, and the regulations to
be applied to signs.
(2) A tree preservation plan showing all existing
trees greater than three inches in diameter,
measured at a height of, six feet from ground
level; all such trees which are proposed to be
removed; and all trees that would be planted or
substituted for those removed, or will be
planted in addition thereto.
(3) A detailed landscaping plan showing at least
twenty percent (20%) of the total land area as
landscaped area.
H. The y)reposed comprehensive site plan herein required
to be submitted shall not, in any case, be
inconsistent with the following:
(1) Proposed building heights shall not exceed five
stories.
(2) Proposed maximum buildiny, coverage shall not
exceed fifty percent (SO'I) of the area of the
tract and the maximum coverage of all buildings,
drives and parking areas shall not exceed eighty
percent (807x) of the area of the tract on which
they are to be built.
(3) The maximum floor area within all buildings shall
not exceed 1,000,000 square foot.
(4) Protiosod land uses shall bo limited to the
following: office, hotel, bank, movie theatre,
gasoline service station, parking lot or garage,
medical center or hospital,, convenience store,
and retail and shopping center uses.
C. Sidewalks shall be constructed on the south and west
sides of all public streets.
D. A detailed general development plan, as provided for
in Appendix A of the Code of Ordinances, shall be
submitted and approved prior to, or in conjunction
with, the approval of any final plat.
SECTION III.
That the approval of the district as provioed for herein
shall not, and is not intended to, be. deemed approval of any
particular land use in such district, but shall be construed
only to mean that those proposed land uses, as provided for
herein, may be considered as poasible appropriate uses for the
district at the time the comprehensive site plan in submitted
therefore, the approval thereof being based upon relevant
factors which may include, but not be limited to: the time
elapaed from the effective date of this ordinance to the date
the comprehensive site plan for the district is submitted; the
number of proposed buildings or dwelling units and proposed
uses; the arrangement and design of the buildings, streets,
parking areas, utilities and other development features; and the
proposed regulations to be applied to the district.
SECTION IV.
That the development of the property shall be in substantial
compliance with the final comprehensive site plan hereafter
approved and made a part hereof for all purposes and the regula-
tions, conditions, and provisions herein contained.
The Zoning Hap of the City of Denton, Texas, adopted the 14th
day of January, 1969, as an Appendix to the Code of Ordinances
of the City of Denton, Texas under Ordinance No. 69.1, as
amended, is hereby amended to show such change in District
Classification and Use subject to the shove conditions and
specifications.
Z-1780/H. ROSS PEROT, JR./PAGE 2
51;If'I'il)fl V.
That the City Counctl of tilt, City of. Dontou, Texas, hereby
finds Chat such ~!hnoge is in accoraance with a comprehensive
• plan for the purpose of Frromoting the general welfare of the
city of Denton, Texan, and w1.th reasonable consideration, among
other things for thu character of the distrLct and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildin8H, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Tunas, and its citizens.
SECTION VI.
Any person who shall violate a provision of this ordinance,
or fails to comply therewith or with any of the requirements
thereof, or of a permit or certificate issued the.cnnden, 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 every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECTION VIT.
That thin ordinance ahell become effective fourteen (14) days
from the date of its pae,age, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record -Chronicle, the official newspaper of
010 City of Denton, Texas, within ten (10) days of the date of
lta passage.
PASSED AND APPROVED this the day of 106,
R I CF( . l A~d`R
CITY OF DENTON, TEXAS
ATTEST;
CIMLMEALL , CITY SECK-E-T-W
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
r
Z-1780/H. ROSS PEROT, JR./PAGE 3
I
EXHIBIT A
CT It
SITUATI in Denton County, Texas, in the Nathan Wade Survey, Abstract No.
1407, being a resurvey of part of the 33 acres described in s deed from Frank
W. Head to Allan L. Burns, Trustee dated 9/29/80, recorded in Volume 1040,
Page 200, Real Property Records of Denton County, Texas, being described
by metes slid Liounds as follows:
BEGINNING at an iron pin set beside a corner post at the northwest corner
of said 33 scrub, in the south night-of-Way line of U. S. Highway No, 77;
THENCE south 58' 11' 47" east, 353.23 feet with the north line of said 33 acres
and with an established fence and with sold south Right-of-May line to an
iron pin set for a corner at the north corner of the 7,427 ecrl+s of land
described in a deed from Allan L. Burns, Trustee to the State of Texas for the
purpose of eoostructing State Highway Loop 288;
THENCE southwesterly with the north line of said 7.427 acre tract and with the
north Right-of-Way line of proposed State Highway Loop 288 as follows:
South 3' 32' 04" Wsat, 97.33 feet, an iron pin set,
South 60' 17' 04" West, 349.08 feet to an iron pin sat at the west,
northwest corner of said 7.427 acre tract, in the west line of said
33 acres, in a north-south established fence for a corner;
THENCE north 1' 07' 37" east, 456.43 feet with the west line of sold 33 acras
and with said established fence to the PLACE OF BEGINNING and CONTAINING 1.9177
acres of land.
TRACT II:
SITUATED in Denton County, Texas, in the Nathan Wade Survey, Abstract No, 1407,
being a resurvey of part of the 33 acres described in a deed from Frank W, Head
to Allan I., Burns, Trustee dated 9/29/80, recorded in Volume 1040, Page 200, Real
Property Records of Denton County, Texas, being described by metes and bounds as
follows:
BEGINNING at an iron pin set beside a curlier post at the uouthwest corner of
said 13 acres and the junction of an edsl-v~r:t esuiblishud fence and a fencr
from the north;
THENCE north I' 07' 37" east, 715.04 fret vith the west lint. of said 33 acres and
with said established fence to an iron pin set f r a rr>rner at the southwest cori,,
of the 7,427 acres of lan:' described In a deed rom Allan L. Burns, rrUbte6 to
the State of Texas for the purpose of conbtru,.ing State Highway Loop 288;
THENCE easterly with the south Right-of-Way ine of proposed State Highway
Loop 288 and with the south line of said 7.42) acre tract as follows:
North 79' 26' 50" east, 347,77 feet to an existing iron pin;
Worth 71' 38' 07" east, 277,75 feet to an existing iron pin;
South 82' O1' 29" east, 332.09 feet to mn iron pin cot;
North 35' 38' 36" east, 110.64 feet to an iron pin set in the north
line of said 33 acres and in the south Right-of-Way line of U. S. Highway
No. 77 for a corner;
TMCE south 38' 11' 41" east, 310.28 feet with the north line of said 33 acres
and with an established fence and with the south Right-of-Way line of U. 8, Highwa
No. 77 to an existing iron pin met at the northease. corner of said 33 scros for a
corner;
THENCE south 1' 08' 07" west, 759,87 feet with the test line of said 33 acres to
an iron pin list in sold east-vest established fence, at the southeast corner of
aald 33 scre:r for a corner;
THF-NCE north 89' 23' 46" vest, 1261,62 feet with the south line of sail 33 acres
and with said force to the PLACE OF BEGINNING and CONTAINING 23.6775 aeros of land.
Z-1780/H, ROSS PEROT, JR.
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1429E
DATE: March 12, 1986 Cp .,opt
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FR(IM: Lloyd Y. Harrell, City Manager
SUBJECT: CONSIDER EXCESS PROPERTY INSURANCE POLICY ORDINANCE
SUMMARY: Staff recommends purchasing excess property insurance coverage, for
the power plant, from William Riggs Company (a brokerage finis
representing Aetna I. ,urance Company).
BACKGROUND: Upon the City's latest renewal of excess property insurance,
Appalachian Insurance Company reduced our limit of liability from
$50,000,000 to $4,000,000. This limit provides enough coverage
for all of our facilities except the power plant. To eliminate
the exposure at the power plant brought on by the low limit,
staff acquired quotes from four (4) insurance companies, and
Aetna Insurance Company had the lowest quote at $7:19600. Other
quotes considered were Lloyd's of London at 96,000; Continental
Insurance Company at $85 000; and ArkwrigAt/Boston Insurance
Company at $80,000.
Even though Aetna's quote offers the lowest premium, it also
features the lowest deductible (i.e., $IOU,OOO compared to the
$5009000 the other companies offered), a joint loss agreement
with the boiler machinery policy and conventional coverage
without layers,
FISCAL IMPACT: As mentioned above, acceptL.+,ce of the Aetna Insurance Policy
quote would mean expending $75,600.
Respectfully submitted:
L-Voyd arre
City Ma ager
Prepared by:
Aaarl~'r?FKN son
jorW Adminis ra ive Assistant
Approved:
n 7~- -19t c ran
irector of Finance
1429F
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Lloyd Harrell, City Manager
FROM: Debra Adami Drayovitch, City Attorney
SUBJECT: Ordinance Authorizing Agreement With
William Rigg Company to Place Excess
Insurance Coverage
DATE: March 13, 1986
As we discussed Tuesday, March 11, I feel it is critical to ob-
tain excess insurance coverage for the power plant. However,
as of this date,, I am unable to draft the ordinance as I have
not received the agreement from William Rigg Company. Mr.
Reynolds, their representative, advised this morning that he
would have the agreement here no later than Monday. I will
draft the ordinance as soon as I receive the necessary material
and forward to you.
DEBRA ADAMI DRAYOVITCH
DAD:jw
DATE:
CITY COUNCIL REPORT FORMAT 3/18/86
TO: Mayor and Members of the City Council
FROM: Erick Svehla, Acting City Manager
SUBJECT: Pollclos and Procedures
RECOMMENDATION:
Recommend that Council approve the Overtime Policy 106.04.
SW-iMAR Y:
This is one of two policies being presented to Council for adoption.
BACKGROUND:
The policy is a revision of an existing pellcy,
PROGRj*1S, DEPARVENTS OR GROUPS AFFECTED;
All City employees.
FISCAL I"?ACT:
The fiscal impact cannot be determined.
Respectfully submitted:
Prepared by: P/
Lloyd Harrell, City !-ianager'
Paulette R. Owens-Holmes, Program Administrator
Ti L1
ovect:
Nam ty McKean
Ti t I e Assistant City !tanager
R E S O L U T I O N
WIEXE,AS, Cho Director of the Personnel/Employee Relations
Dopartmont for the City of Denton has presented a proposed
policy regarding employee rules and regulations for the
Council's consldoration; and
WHEREAS, tho City Council desires to adopt such policy as an
official policy regarding employment with the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECTION I.
The following policy, attached hereto and made a pLrt
hereof, is hereby adopted as an official policy of the City of
Denton, Texas,
Overtime (Reference No. 106.04)
SECTION II.
The foregoing policy is attached hereto and made a part
hereof and shall be filed in the official records of the City of
Denton with the City Secretary.
SECTION III,
The previous policy relating to Overtime (Reference No.
106.04), adopted by Resolution of this Council on February 6,
1986 is hereby rescinded.
SECTION IV.
This Resolution shall become effective immediately upon its
passage and approval,
PASSED AND APPROVED this the _T day of , 1986.
ffTc'F(M--O--. STEWART, 1
CITY OF DENION, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRIT797
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL, FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY., ( ( c ii 7-elu
CMwof DENTON, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
M E M O R A N D 11 M
P0: Betty McKean, Assistant City Manager
FROM: Paulette Owens-Holmes, Program Administrator
DATF: March 13, 1986
RE: POLICIES AND PROCEDURES
At the March 18 City Council meet Lug, we will be presenting Overtime 106.04
for adoption. The following is a brief summary of this policy.
The Overtime policy was adopted by the City Council November 19, 1985.
Since that time, there have been amendments to the Fair Labor 5t.andards Act
which allow employers more flexibility. The current revisions to the policy
reflect compliance with the recent FLSA amendments that will become effective
April 15, 1986. Changes in the updated policy are:
1. Provision for non-exempt employees to accumulate 80 hours of unused
compensatory time. With the discretion of the supervisor an employee may
choose to use compensatory time at the rate of time and one-half in lieu of
overtime prior to the performance of work. These restrictions do not apply
to compensatory time accumulated prior to April 15, 1986.
2. Provision for a non-exempt and Civil Service employee who leaves the
City due to resignation, retirement, discharge or death to be paid for his
accumulated compensatory time. Such compensatory time will be paid at the
rate of pay the employee is earning at the day of termination or tl,e average
rate of pay for the last three years of employment, whichever is greater.
3. Provision for a regular full time non-exempt and Civil Service employee
to be permitted to work a part-time job in another department with the
approval of the Department Director and Personnel Director, The part-time
work must be in a different capacity than the employee's regular job and
must be on an occasional or sporadic basis. The hours worked in this
capacity shall not be counted towards overtime.
City Council
March 13, :986
Piege 2
It. Provision for safety employees to aCV1roulate up to 80 hours of unused
compensatory time. These employees will be permitted to take compensatory
time at time and >nc-half in lieu of paid ove~.l,ue for liourH worked in
excess of forty per veek to the extent permitted by the provisions of the
Fair Labor Standards Act. If compensatory time exceeds 80 hours, the City
shall pay overtime conjonsation until the compensatory timo totals to 80
hours or less. In addition, the time between 160 hours per 28 day work
period and the 171 maximum hours per work period allowed by the Fair Labor
Standards Act, do not count toward the compensatory time maximum of 480 hours.
1
Paulette R. Owens-lfolmes
Program Adutini;otrator
I
CITY OF DENTON PAGE_, .OFD
POLICT/ADMININTRATIVI F ROC1cDUIMADMINISTItATIVS DIRICTIVs
REFERENCE
SECTION PRRSONNRL/RMPI,OYR$ RRLATIONS I+uMeERi06.04
EFFECTIVE DATE
SUBJECT, WAOR AND SALARY PLAN 11/1985
REPLACES.
TITLE OVRRTIMR 08/13/85
POLICY STATRMRNT:
The City of Denton requires employees to work overtime when necessary and as
requested by the supervisor. Overtime is defined as authorized time worked
which exceeds 40 hours per work week. Overtime for Fire Civil Service
employees will be calculated based on the maximum number of hours for the
declared work period. Rmployees who work overtime without authorization from
their immediate supervisor will be subject to disciplinary action. Overtime on
any job shall be allocated as evenly as possible among all employees qualified
to do the job. Supervisors shall make every effort to schedule overtime as far
in advance as possible. Supervisors shall be held responsible for ensuring
that overtime is assigned only when absolutely necessary. Overtime, for
non-exempt employees only, may be paid, or, at the option of the employer and
employee, it may be taken as compensatory time, subject to the requirements of
the Fair Labor Standards Act, 29 U.S.C. 201 et seq., as the same may be amended
from time to time.
Some seasonal and temporary positions may be eligible for overtime.
The Personnel Direntor is responsible for maintaining the exempt/non-exempt
status of all City positions.
OVRRTIMR PAY:
A. Subject to Section B, non-exempt employees will be paid at the rate
of one and one-half times their regular rate of pay for authorized
overtime. Overtime will be paid i,jr all ad(iittunal time worked to
the nearest quarter hour.
8. Rffective April 15, 1986, non-exempt employees may be eligible to
accumulate 80 hours of unused compensatory time. The supervisor has
the discretion to provide the option for an employee to choose to use
compensatory time at the rate of time and one-half in lieu of paid
overtime prior to the performance of vtork. If compensatory time
exceeds 80 hours, the City shall pay overtime compensation until the
compensatory time totals to 80 hours or less.
C. Regular part-time employees will not receive overtime pay until the
number o'° hours actually worked exceeds 40 hours per work week.
i
PAGE_.LOF_.~...
POLICY/ADNINIETNATIVE PROOSDU)RE/ADMINISTRATIVE DIAZOTIVE (Ceattaaed)
REFERENCE
TITLE: OVKHT IMR NUMBER'
105.04
D. Sick leaVO is not considered actual time worked and is not included in
computing hourn for overtime purposes, Holidays and vacation leave are
considered actual time worked for overtime eligibility,
E. Exempt employees are not eligible for overtime pay. These employees
will sometimes bo required to work more than the normal 40-hour week
without compensation due to the nature of their yob duties. Super-
visors of exempt positions will determine occasional discretionary time
off, based on work load, for hours worked in excess of 40 hours per
week.
Discretionary time is defined as flexible time off which is approved by
the immediate supervisor and does not equal or exceed they number of
extra hours worked.
F. If a non-exempt or Civil Service emplayee leaves the City due to
resignation, retirement, discharge or death, he shall be paid for his
accumulated compensatory time. Such compensatory time will be paid at
the rate of pay the employee is earning at the day of termination or
the average rate of pay for the last three years of employment,
whichever is greater.
0. A regular full-time employee may have a pest-time job in another
department if approved by the department director and Personnel
Director. Tho hours worked in this capacity shall not be counted
toward overtime if the part-time work is in a different capacity than
the employee's regular fob and oocura on an occasional or sporadic
basis.
ADMINISTRATIVE PROCSDURR:
A. Prior to working any overtime, employees must check with their
supervisors to make sure overtime Is or will be authorized.
B. Work performed by an employee other than normal working hours will rot
be considered payable overtime unless authorized by the appropriate
supervisor in writing. (For example% work during meal. times, after
normal working hours, or work taken home.)
C. Exempt employees in job family M/1-3 will receive paid overtime at a
rate of one and one-half times their reguiar rate of pay only in
emergency situations.
An emergency situation is defined Le a disruption or loss of an
essential service that relates to water, electricity, health or safety.
PAGE ..I,.OP.a,
POLICY/ADYINISTRATIVZ PSOCSDUSS/ADN1N18TSATIV; DIAXOTIVA (Oontiaaod)
REFERENCE
rime: OVERTIME Nums"R 06.04
CIVIL SBRVICE:
The City of Denton has declared a 28-day work period under the 207 (K)
provision of the Fair Labor Standards Act for Denton Fire Civil Service
employees. Under this exemption, hours worked over 212 in the 28-day
work period will be considered overtime and will be paid at one and
one-half times the regular rate.
In addition, we have declared a 28-day work period for police officers.
The law enforcement employees, as required by the Fair Labor Standards
Act and 29 CFR 553, will be paid overtime at one and one-half times the
regular rate for hours worked in excess of 171 each 28-day work period.
Ho..ver, in accordance with the laws of the State of Texas, paying
.overtime entitlements may be granted o.i a basis exceeding the
requirements of the Fair Labor Standards Act.
Effective April 15, 1986, safety employees may accumulate up to 80 hours
of unused compensatory time. If approved by the supervisor, these
eirployeas will be permitted to take compensatory time at time and
one-half in lieu of paid overtime for hours worked in excess of forty per
week to the extent permitted by the provisions of the Fair Labor
Standards Act. If compensatory time exceeds 80 hours, the City cl,"11 pay
overtime compensation until the compensatory time totals to 80 hours or
leas. In addition, the time between 160 hours per 28 day work period and
the 171 maximum hours per work period allowed by the Fair Labor Standards
Act will not count toward the compensatory time maximum of 80 hours.
Sections 1 through 9 of Article 1269P, Vernon's Civil Statutes (hours of
labor and vacations of fire fighters and police officers in certain
cities) outlines the specific laws concerning overtime of Civil Service
employees.
Vernon's Civil Statutes, Article 1269P, is available for review at the
City of Denton Public Library end the departments of Fire, Police, and
Personnel/Employee Relations.
0258&
03/11/86
~
e7
DATE:
CITY COUNCIL REPORT FORMAT 3118/88
TO; Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SURJF;CT: Policies and Proceduros
RECOMMENDATION:
Recommend that Council approve the Longevity Pay Pulley 106.07
SUI4MARY:
This is one of two policies being presented to Council for adoption.
BACKGROUND:
The policy is a revision of an existing policy,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
All City employees.
FISCAL IMPACT:
The fiscal impact canrot be determined.
Respectfully subiaitteu:
Prepared by: n
Lloyd Harrell, City Manager
Ti t l e Progra ministrator
Appr e
Name B ty, "'*Te\aU
Title ssistant City Manager
MW 51986
I E S 0 L U T I 0 N CITY h1,4~
W11KREAS, the M.rect:or of the Personnel/Employee Relatto .4
Ueparttoont for the City of Denton lies presented a ppropr,,,'
poILey regarding employee rules and regulations Eor tK,
CuuncilI
s consideration; and
w/W.REAi, the City Council dosires to adopt such policy as an
official policy regarding employment with the City;
i4ow, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON THA'r:
SECTION I.
The following policy, attached hereto and made a part
hereof, is hereby adopted as an official policy of the City of
J Denton, Texas:
Longevity Pay (Reference No. 106.07)
SECTION If.
The foregoing policy is attached hereto and made a part
hereof and shall be flied in the 'official records of the City of
Denton with the City Secretary.
SECTIUN III.
The Employee Rules and Kegulations of 1970 adopted by
Resolution of the City Couucll on February 1, 1977, and the
Longevity Pay Policy adopted November 5, 19(35, are hereby
rescinded to the extent they conflict with the foregoing policy
and adminLstratIve procedures and directives issued under the
authority of the City Manager implomentin; the policy hereby
adopted.
SECTION IV.
This Resolution shall become effective immediately upon its
pastabe and approval.
PASSED Ac30 APPROVED this the doy )f , 19136.
TJAR". 3 VWr A
CITY OF DENTON, 'TEXAS
AT rEST:
CttiARLu'r E A LE , 1 LS C-R-Mj v
CITY OF UENTON, TE'u\s
APPROVED AS TU L4GAL YUKA:
OEBRA ADA.41 DRAYOVl'I'Ch, CITY tiTTORALY
CITY OF DENTON, TEXAS
BY: M
CITYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 5668100
M E M O RA N D---UM-
TO: Betty McKean, Assistant City Manager
FROM: Paulette R. Owens-Holmes, Program Administrator
DATE: March 13, 1986
RE: POLICIES AND PROCEDURES
At the March 18 City Council meeting, we ut.11 be preoenti.ng Longevity Pay 106.07
for adoption. The following is a brief summary of this policy.
The Longevity Pay Policy was adopted by the Council November 5, 1985. The
revised policy reflects a minor change in the Civil Service Employees
Section IIB. The revision allows Civil Service employees to accrue longevity
pay at the rate of four dollars ($4.00) per month for each consecutive year
of service.
Paulette R. Owens-Holmes
Program Administrator
CITY OF DENTON PAGE -1 OF -1
POLICY/ADIIINIBTNATIVS PNOONDUXX/ADM1XIISTLATIVS DIBUTIVtt
REFERENCE
SECTION: NUMBER:
PERKPUNRL/IKUL0111 KLATIONS lob.03_
EFFECTIVE DATE
SUBJECT:
LOW09VITY P&L___ _ 11/05/85
TITLE: REPLACES:
LONGKVTTY PAtj
POLICY STATBMBNT:
Longevity pay is provided to encourage retention of employees by recognizing
the value of long term service with the City. These payments ave for full-
time regular employees and are made according to the following schedule:
1. Non-Civil Service Employees ,
A. An employee must be employed on or before May 31st and be employed
the date the check is issued to receive longevity pay in that year.
B. Accrual is at the rate of $4.00 per month for each full month of
uninterrupted service. (Example: 48 months of service would result
in a payment of $192.00.)
C. Payment is to be made in a lump cum each year during the month of
December.
D. Employees required to retire due to mandatory age and before
longevity checks are issued ,rill be entitled to the total longevity
pay lees $4.00 per month for each month the employee retired prior to
longevity check distribution.
It. Civil Service Employees
A. Eligibility commences after one year of service.
8. Accrual is at the rate of $4.00 per month for each consecutive year
of service.
C. Payment is made on a monthly basis and is included on the regular
paycheck.
02440
12/13/85
O~
DATE: 03/18/86
CITY COUNCIL RMPORT FORMAT
r'1'0: Mnyur and Muml)c?rs of the City Council
FROM: Lloyd Harrell, City Mannger
SUBJECT: D18CUSSION OF )WPl'1'ION FOR VOLUNTARY ANNEXATION HY RESIDENTS OF
VACATION VILLAGE' X'STATBS.
RECOMM2NDATION:
No recommendation is available at this time.
SUMMARY:
A petition representing 58 resi0ents of Vacation Village Estates for
annexation was submitted for City Council consideration on July 4,
1985. The City council determined that the annexation process
should be initiated. The City Manager's office requested that the
Planning staff attempt to obtain more information on the potential
impact of the annexation on City services. All information
available to date is attached.
BACKGROUND:
Ms. Lucy Hogue contacted the Plannin, and Community Development
Department in April, 1985 concerning procedures for requesting
voluntary annexation.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED.
An existing population estimated at 77U. All City of Denton
operations responsible for delivery of basic services.
FISCAL IMPACT:
1. Department budgets
2, Pro rata participation on utility extensions
Respectfully submitted:
Lloyd H rreil
City M Eager
Prepared by:
David Ellison
Senior Planner
App rov :
Jeff Meyer
oirecL•or of Planning
and Community Development
08671
STAFF REPORT
To: Denton CILy Council
Meeting Date: March l U, .1980
GENERAL INFOItMATION
Petitioners: Fifty-eiyht Residents of the
Vacation Village Estates
Mobile Horne Community
Requested Action: Annexation by the City of Denton
(A-25)
Location: Vacation Village Estates is located
adjacent and north of FM 426 (East
"cKinney Street) between Trinity Road
and Lake Lewisville arproximatety2
1/2 miles east of Mayhill Road.
Existing Land Use: A mobile home subdivision with
individually owned lots and
residents. Approximately 281-287
lots currently exist with an average
size of 80' X 10!11.
Population: The 1980 census reflected an
estirnatea population of 396. The
Planning Department feels that the
current population is at least 776
based on approximately 280 occupiec'.
structures X 2.75 occv,,- rs per
dwelling.
PURPOSE, OF REQUbST
I As indicated in the attached cover letter and petition, Mrs. R.~
C. Hogue, Mrs. Jim Elliot, and Mrs. Jerry Davis have requested
in behalf of at lr.ast fifty-eight (58) residents, the annexation
of Vacation Village Estates. The stated purpose of the request
includes: a desire for increased and improved police anu fire
protection, am'oulance service, City zoning and code entorcement,
animal control, sanitation service, and public water and sewer
service.
I
(Annexation Petition)
Pager Two
Pi,ANNING INFORMATION
r-.___ -
A voluntary reque:at for annexation by established communities is
Ur1UeUal. But, It is fUlL that, oimilear requests may increase as
ut:iliti:.,s anti other Inadequato community facilities (streets,
drainage, etc.) sewing aubdlvl:rions and incorporated areas in
Denton's extraterritorial jur.ir3dicLron begin I.o deteriorate.
To put the request of Vacation Village into per:r{pective, please
note that a population; vi approximately 128 wau rabi~orbed by the
City of Denton when 1,291.Li acres were annexed In 1983.
Approximately 2,526.57 acres and a total estimated population of
172 wao annexed in 1989.
Growth on the fringe of urbanizes areas frequently begins with
scattered single family housing on relatively large lots (1 to 5
acres) along county roads. Occasionally, small subdivisions are
constructed, and ultimately, large rlu3ters of housing and
subdivisions of more significant size may follow. Tract develop-
ments typically locate where land in expansive, relatively flat,
and inexpensive. The initial attraction of subdivisions and
communities such as Vacation Village is the scenic and rela-
tively inexpensive surroundings that are located some distance
from substaritlal existing d(ave.lopment, yet close enough to share
the auvantages of employment, shopping, cultural activities, etc.
As time passes, a low property tax Vase aria othut characteristics
which were once advantages can become a burden ii basic services
cannot be financed and provided at a level that is :satisfactory
to residents.
SPECIAL INFORMATI014
The Public Works Depart.1% nt discusses potential impact on
street: and drainage in an attached memorandum. Public
dedicated streets are currently maintai,jeu by the county. Two
of the four streets serving the subdivision are not maintained
by the county because they were never formally dedicated.
There is evidence of pride-of-ownership and many residences are
well maintained, but tl-eze are also examples of potential code
enforcement problems. One home- owner informed staff of
"unusual restrictions" imposed by the developer, and the i
petition for annexation also refers to a need for "City
crdinances to take the place of developer's rules". Areas have
been annexed with inc•e-.sed code enforcement as the catalyst in
the past,
(Annexation Petition)
Pago Three
"PhICIAL INF'ORMA'TION (Continued)
The 11olice Dcpart.munf, laaa3 vxpre-mouti "F;eriouK rcuervations" about
Lhu annexation of thin arvil in itrl nlt.ached memorandum and an
wiLimatu of Lho cunt ui ptovidinki acltVtc(,, is inc=luded. The Fire
Department is conc orried shout in:atil.I Ic:tent wai_ur and a lack of
fire hydrants Lhtonghout. tAw sufauivt,iton. Tho nubuivisiun is
currently served t)y the Mayhill/Cooper Creak VniuntOOr Fire
Department.
In an attached 1984 legal opinion, stafi is auvisea that the
City of Denton may annex Vacation Village ana the area served by
the Vacation Village Water Company without assuming responsi-
bility for any of its assets or liabilities.
CONCLUSION
Memorandums and some updated information from certain operations
are attached cur city Council consideration. It is significant
to note that the Utility Department has recommended that the
residents of Vacation Village essentially pay the cost of
extension and upgrading of needed water and sewer facilities.
Development interest has increased substantially and the cost of I
extending utilities to Vacation Village Estates may decrease if
projects such as Lakeview actually clev,,~lop, However, plans for
projects are nothing more than plans until actual construction
occurs. The general consensus of staff is that the disadvan-
tages of annexing Vacation Village at this time far outweigh the
advantages.
ATTACHMLMTS
1. Copy of cover letter, petition and "restrictions" suomitted
by residents of Vacation Village Estates
2. Impact information
s. 1984 legal opinion concerning annexation of water district
4. Map
08188
April 30, 1,989
MR. DAVID 14,13.lsoN
CITY PLANIM
WNTON, 1111!Xlw
Dear Sir,
A committee of three has been chosen to reprosent the people of
Vacation Village Estates in their desire to be annexed by the city of
Denton, Texas, Any or all of the three persons may be called to act
upon any decision the City may wish with regards to the annexation
procedures. This cameitte is presenting a petition consisting of
fifty eight (58) uignatures raquonting annexation, These signatures
were obtained using only two streets of the area, and are gt,,on to
you at this time to show that the area is indead, ready for the
City -if Denton to annex the area known as Vacation Village Estates.
9V8. IW. C, N £ MRS. . Iy1 ULJOTT 11RS. ;FRAY ')AV
RT.2 BOX 1097 RT. 2 80X 918 1'.0. BOX 3062
DENTON DENTON DENTON
383 2972 367 9912
565 0565
April 26, 1485.
UITY OOUNOIL
IMN7'ON, 'Pros
REt VACATION 'VILLAGE E87ATE6
ROUTE 20 ONNTON, TE;XA3
Otintlemenl
Thin petition oomea to you with our request for annuxation into the
• City of Denton, Texas.
We are a rural community which has grown over the last few years to
an alarming amount of people having many various ideas an to which
rules and/or regulations should apply. All of our children attend
Denton City Schools and ride school buses. Our needs here are many,
to name a few, BETTER FIRE PROTECTION, POLICE ASSISTANCE, AMBULANCE
SERVICES, CITY ORDINANCES TO TAKE THE PLACE OF DEVELOPERS RULES, PET
POPULATION CONTROL, WATER, SEWER, AND TRASH PICK-UP.
We, as shown by our attached signaturee, do wish to bs annexed by
the City of Denton, Texaes
NAM?: OF OWNER BOX 140. BLOCK LOT TELEPHONE
21 A_
50 A~
6. `770 ,56 b-60j
9. Z-1
10. 1L
I1.
12.
13.
14.
15.
April 26, I985.
CITY COUNCIL
DENTON, TEXAS
RG: VACATION VILLAGE ESTATES
ROUTE DENTON$ TEXAS
Nentlemen:
This petition comes Lo you with our request for annexation into the
City of Denton, Texan.
We are a rural community which has grown over the last t4,+ years to
an alarming amount of people hfiving many varioua ideas as to which
rules and/or regulations ot:ould apply. All of our children attend
Denton City Schools and ride school buses. Our needs here are many,
to name a few, BETTER FIRE PROTECTION, POLICE ASSISTANCE, AMBULANCE
SERVICES, CITY ORDINANCES TO TAKE THE PLACE OF DEVELOPERS RULES, PET
POPULATION OONTROL, i;LTSH, SEWER, AND TRASH PICK-UP.
We, as shown by our attached signatureB, do wiah to be annexed by
the City of Denton, Tnxae:
NAME OF OWN' Box NO. SLOCK LOT TELEPHONE
2• Irl
4. 01
8.
9.
10.
11.
12.
13.
14.
15.
i
i
April 26, 1985.
CITY COUNCIL
DENTON, TEM
RE: !fACATION VILLAGE ESTATES
11OUTE 2, DENTON, TEXAS
Gentlamani
Thin Potition comes to you with our re nest for annexation into the
city of Denton, Texaa.
We are a rural community which has grown over the last few years to
an alarming amount of people having many various ideas an to which
rules and/or regulations should apply. All of our children attend
Denton City Schools and ride school bunen, Our needs here are many,
to name a few, BETTER FIRE PROTECTION, POLICE ASSISTANCE, AMBULANCE
SERVICES, CITY ORDINANCES TO TAKE THE PLACE OF DEVELOPERS RULES, PET
POPULATION CONTROL, WATER, SEWER, AND TRAUH PICK-UP.
We, as shown by our attached signatures, do wish to be annexed by
the City of Denton, Texas:
NAME OF OWNER BOX NO.
I j BLOCK LOT TELEPHONE
2. - -f J~ i - ^ - -
s
5
8. / i
`j
7'. jIt
10. /3
1 . e W fr 8 T-8~
12. ~p3 -!r //9a
6-1
13.
14.
15.
April 26, 1985•
U1TY COUNCIL
08NTONO TEXAS
RE! VACATION VILLAGE ESTATES
ROUTE 2, DENTON, TEXAS
nnlltlemens
Thls petition comes to you with our request for annexation into the
City of Denton, 'texas.
We are a rural community which has grown over the last few years to
an alarming amount of people having many various ideas as to which
rules and/or regulations should apply. All of our children attend
Denton Olty Schools and ride school buses. Our needs here are many,
to name a few, BETTER FIRE PROTECTION, POLICE ASSISTANCE, AMBULANCE
SERVICES, CITY ORDINANCES TO TAKE THE PLACE OF DEVELOPERS RULES, PET
POPULATION CONTROL, WATER, SEWER, AND TRASH PICK-UP.
We, as shown by our attached signatures, do wish to be annexed by
the City of Denton, Texae:
NAME OF OWNER BOX N0. BLOCK LOT TELEPHONE
L ,
2. J
Q ~7 ;fir
4. jVpI
6.
I J'/
r r r
jv h
.3
11 • l 11 ~l ;(~aA t ~~~r ..p,r_' ~ I ~ f it f E J I l, ~I- f 1 'i l~
12 . / vt Z r l '4' L' / ' f y _ 5 .
Ty
,
15.
April a6, 1995,
CITY UCUNOiL
DENTON, UXAS
Rni VACATION VIbLAU1{ KUTATE8
NOUTN J, 1INdI VON, ThXAS
Guntlwaunt
Thin petition comes to you with our request for annuxatiun into the
City of Denton, Tjxae.
We are a rural community which has grown ovrir the last few years to
an alarming amount of people having many various Ideas as to which
rules and/or regulations should apply. All of our children attend
Denton City Schools and ride seho.~l buses. Our needs here are many,
to name a few, BETTER FIRE PROTECT1,1N9 PO:lICE ASSISTANCE, AMBULANCE
SERVICES, CITY ORDINANCES TO TAKE THE PLACE OF DEVELOPERS RULES, PET
POPULATION CONTROL, WATER, "u'dER, AND TRASH PICK-UP.
We, as shown by our attached signatures, do wish to be annexed by
the City of Denton, Texas:
NAME F OWNER BOX NO. BLOCK LOT TELEPHONE
2. iaG i~liL?.~~ ~EtSI f J6:Ej' ~l L y
a_Lk
4.
5 V7 912-
7. r l~ I r1
8. L_
( J
9.
10.
12. 65J( ) /l ~g 1 3 - Z
13. ajAAA -A i
14..,.~.~D ly2kla-1_/ 11 9341 A 9 ?n~ -
15. ~~a•~x A' a~ r 4sG l C.~~~a~r, 3L _ S4ai
wp~
CITyOf DENTONf, rJrX43 MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (817) 566.8200
i4 bM ORr-.NDUM
TO: JEFF MEYER, DIRECTOR OF PLANNING
FROM: R. E- Nelson, Director of Utilities
DATE: May 9, 1985
RE: Annexation Petition- Vacation Village and Copper Canyon
(Reference your memo dated May 2, 1985)
The following comments are provided from the Utility Department with
regard to Water/Wastewater service in the event of annexation:
Vacation Village
At present, there is no city water line to Vacation Village. The
closest city water line will be about 12,000 feet away when the
water line to "The Meadows" Mobile Home Park is completed on East
McKinney Street. Estimated cost to construct this 12,000 feet of 8"
water, line to Vacation Village would be $258,000. Extension of this
line by Vacation Village should be a condition of annexation.
In order to upgrade the existing substandard waterlines inside of
Vacation Village Mobile Home Subdivision, an additional 2000 feet of
6" minimum si..e would cost $25,OCO. The existing privately-owned
sanitary sewer system does gravitate to a city-owned and operated
lift station. This gravity sanitary sewerline is known to be
substandard in size and condition. There have been several
complaints from occupants of clogged, broken and overflowing sewer
manholes. It would take about 2000 feet of 8" sewer main to
rehabilitate this system at an estimated cost of $38,000.
If the City of Denton should choose to annex 'Vacation Village, the
provision of Appendix A, paragraph 4. 10, (D)(8) should apply and
reads, "Prior to such acceptance by the City, such water and sewer
lines and facilities shall be inspected and evaluated as to
standards, adequacy, condition, etc. If water and sewer lines and
facilities are not according to city standards, a per lineal foot
pro rata charge shall be charged to the users of such system(s) for
installation of these new facilities (or) will be on a
per-linear-foot, actual-cost basis for upgrading or repairing the
existing facilities to meet city standards."
36SMI
f
Vacation Village/Copper Canyon
May P, 1985
Page 2
The total estimated cost to provide water and sanitary sewer line to
city standards which would be essentially a replacement of present
systems is $63,000. This assumes Vacation Village extends water
service to the area. Costs of internal lines would be charged to
property owners of Vacation Village at the pro rata rate of $12.50
per foot for 6" water and $19.00 per foot for 8" sewer lines
measured across property frontage times 601. This may change as the
pro rata rates change.
Copper Canyon„
At present, thore is no knowledge of the condition of the Copper
Canyon water and sanitary sewer systems except that they are on
wells and septic tanks. In order to serve this area with water and
sewer service, at least an 8" water line would have to be
constructed for a distance of 7,000 feet ,just, to reach the outskirts
of Copper Canyon at an estimated cost of $1519000. Extension of
water and sewer lines to this area plAs the sewer lift station
should be a condition of annexation. Closest water and sewer
services would be at Old Altom Church and Hickory Creek Mobile Home
Park. The sanitary sewer line to the outskirts of Copper Canyon
would also need to be about 7,000 feet of 6" forced main at a cost
of $88,000. A lift station will be needed to pump this distance at
a cast of $100,000.
The internal water lines at Copper Canyon can only be estimated at
3,000 feet of 6" water line for a cost of $38,000. Internal sewer.
lines in Copper Canyon are estimated at 3,000 feet of 8" size for a
cost of $57,000. Total estimated cost to provide water and sanitary
sewer service to city standards, which amounts to essentially a
replacement of present system, is $95,000. The provisions of
Appendix A, paragraph 4.10(D)(8) should apply to annexation.
Costs of internal water and sewer lines would be charged to property
owners of Copper Canyon at the pro rata rate of $12.50 per foot for
6" water and $19.00 per foot for 8" sewer lines measured across
property frontage times 601. This may change as the pro rata rates
change.
L. I3aYl(' Had, P,
Asst. Dir. of Wtr/WW Utilities
APPROVED: ,
R. E e son, ,
Director of Utiliti
3656U:2
Vacation Village/Copper Canyon
May 9, 1985
Page 3
The following comments are provided from the Utiii ty Department with
regard to Electric service in the event of annexation:
In keeping with city policies, we would be obligated to furnish
street lighting on all existing dedicated streets upon request;
therefore, we will extend electric service into the area, if we can
obtain a certificate to do so, parallel to the TP&L lines currently
in place. The average cost per lot is estimated to be $800.
L. B. u o s , .
Asst. Dir. of Electric Utilities
APPROVED:
Nelson, .
Director of Utilities
1D
WrY'ofDENrON,TEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 i TELEPHONE (817) 566.8200
M E M O R A N D U M
DATE: May 13, 1985
TO: David Ellison, Senior Planner
FROM: Jerry Clark, City Engineer
RE: Anneieation Vacation Village
As per our site visit of Vacation Village Estates, the
Engineering and Street Divisions of the Public Works Department
do not reel annexation is in the best interest of the City of
Denton..
1. The streets are seal coats or gravel and in a very
det~Ariorated state. They are full of potholes, side road
deterioration, with other pavement and subgrade problems.
7',ll streets would have to be torn out and completely
rebuilt., An estimated cost for rebuilding the streets
:could be about $60-$70 per foot. Total costs could run
over $1 million dollars as there seems to be at least three
miles of streets.
2. Drainage is another huge concern along with the driveways.
Drivewal.', culverts are very close together, under sized, and
in very poor repair. Many have their ends smashed in
making them of little use. Most of the drainage ways are
still natural which means undersized. However, many have
been blocked, diverted, or changed to create huge problems
for anyone responsible to maintain the system.
The and of the village that faces Lewisville Lake has several
trailers that look like they could easily be flooded if, rains
of 1981's intensity return Lo this area. Total costs for
drainage repairs, construction and easement acquisition could
run from $1,000,000 and up.
The above items could create severe capital costs for the City
of Denton if annexed. As per discussion with persons in the
county knowledgeable of complaints, the changes would most
likely be requested immediately.
Jerry Cla , P.E.
City Engineer
1s
8E
CITY OF DENTON
MEMORANDUM
TO: David Elllsun, Senior Planner
FROM: Capt. Glen Smithers, Police Department
SUBJECT: Annexation Petitions
DATE: May 8, 1985
The Police Department has very serious reservations regarding the annexation
of Vacation Village and Copper Canyon. Both th°_ae areas are well isolated from
the main portion of the City. They would require an increase of personnel and
fleet vehicles just to provide patrol coverage. We have no idea of how may
calls for police service would be generated from these areas, but we do feel
it would be significant. As a rule mobile home parka, such as Vacation Village,
generate more calls for police service than other areas due to the density of
housing and residents.
The costs to provide a ,.,ontinuing level of service to the City, including
these areas, would be approximately $110,000 for additional personnel plus $54,000
for added fleet vehicles for a total of $224,000. Without adding personnel and
vehicles our level of service to other parts of the City will decrease causing
more citizen complaints about having to wait an excessive amount of time for
police service.
I hope this information will prove beneficial to you in determining the
feasibility of annexing tLego areas.
0-01
7 en Smithersi Captain
Patrol Division
MEMORANDUM
DATE: May 15, 1905
TO: David Elllson, Senior Planner
FROM: Jack Gentry, Fire Chief
SUBJECT: Annexation Petition - Vacation Village and Copper Canyon
The Fire Department sees no real problem with the annexation of Vacation Village
If thoy are served with the proper water mains, fire hydrants, and required fire
flow meeting minimum standards set forth by the State Board of Insurance for In-
surance Key Rate Credit.
We do not feel we could properly serve Copper Canyon at this tinie due to the
running distance and response time. However, this could change in the near
future if our fire master plan (fire station location) determines that the new
Fire Sub-Station should be located in the southeastern section of our City.
I would like to point out that on any new annexations, if we do not meet the
minimum required water malris, fire hydrants, fire flow and running distance,
and response time It could very well effect our Insurance Key Rate which would
cause the fire Insurance cost to Increase for all citizens of Denton and not just
for the new annexation locations.
a entry
Fire Chief
Denton Fire Department
JG /ec
~s
CITY of DEN,ON
".1ORANDUM
DATE: June 18, 1984
TO: C. J. Taylor Jr., City Attorney
FROGS: G. Chris Hartung, City Manager
SUBJECT: REQUEST FOR LEGAL OPINION
The Planning staff has hegun a prelirinary annexation evalu-
ation of a croposed manufactured rousing subdivision located
ad4acent to existing Vacation Village rolile r.-me park/sub-
division.
The project is located within an existing water district, the
City, therefore, would be required to annex the entire water
district if annexation is to be accomplished.
In the event that the Citv Council decides to annex Pthe water
district, would the City be required to assure its assets and
liabilities?
t1e, CV(
.
r-rs Hartung
C ,
sh
03085
v
crY OF DENTON? TEXAS
c.•. OFFICE Op THE CITY ATTORNEY
C.J. Taylor, Jr., City Attorney MEMORANDUM
Joe D. Morris, Assistant City Attorney
Robert F. Hunter, Assistant City Attorney
will
DATE: July 3, 1984 x S~
TO: G. Chris Hartung, City Manager
FROM: C. J. Taylor, Jr.., City Attorney
SUBJECT: Your request for an opinion dated June 18, 1984 states
that there is a water district covering vacation
village and therefore the city can not annex a portion
of the water district. Your request further states
that the City would be required to annex the entire
district if annexation is to be accomplished by City.
We have been unable to determine that a waster district exists at this
location operating under Article III, Section 51 or Article 16,
Section 59 of the Constitution of the State of Texas,or any statute
authorized thereunder.
There is in existence a private water company which has a Certificate
of Necessity to service water to Vacation Village, however, it is a
private corporation and is not a water district as contemplated by
the statute requiring the assumption of the liability and assets of
the water district,
The City of Denton may annex Vacation village and the area served by
Vacation Village '4ater Company and not be required to take over any
of its assets or liabilities.
This reply also answers your questions under item 1 of the 5:30 p.m,
discussion agenda on July 3, 1984.
C. j./TAYLOR, J "
CJTJR:Js
WY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
M L M 0 R A N D U M
DATE: June 2i, 1985
TO: David Ellison, Senior Planner
FROM; Rick Svenla, Assistant City Manager
SUBJECT: Annexation of Vacation Village
My staff has reassessed the Vacation Village subdivision and
its impact. on our infrastructure. It is our understanding that
you have received several comments from the residents in this
area. Tilese comments dealt with new streets, drainage
solutions, etc. Staff would definitely concur with the
original memo that was sent to you from Jerry Clark. We have
done a little bit more estimating in terms of cost in order to
give the Council a better idea of some of this cost impact.
As it exists now, Vacation Village has approximately 2.8 miles
of streets. From the comments made at the prior meetings, we
would assume that Reid's Camp, to the east of Vacation Village,
would also be included in this annexation. We have also gone
under the assumption that the area east of Vacation Village and
south of Reid's Camp would also be annexed. If this is the
case, there would be approximately 3.5 miles of street to be
considered. Assuming that we build new streets, the average
cost per foot would be approximately $70 per linear foot,
Staff is also very concerned about drainage in the area as
well as flood levels of the lake. t:.ere are two major channels
that run in an east and west direction through Vacation Village
and Reid's Camp. These are rather large channels, since they
drain at least 90 acres of land. Since these run perpendicular
to the street systems, lateral storm sewer lines, inlets and
other appurtenances would have to be run along the street
sections in a north and south direction to accommodate drainage
in the street;,. All of the driveways would have to be altered
Vacation Villago Momo
Page 2
June 21, 1985
since there are existing culvert3 there that are undersized.
We would estimate tho cost of the storm sewer to be at least
$30 per linear toot [or a minimum distance of two and one-half
miles. 'these two improvements would equate to the following
numbers:
3.5 mi. x $70/st.x 5,280 ft./mi. $1,2939600 Streets
2.5 mi. x$30/ft. x 5,2E-,Oft./mi. $3960000 Drainage
TOTAL: $196F90600
Staff is also concerned with the flood levels of the lake. At
this point, we are trying to ascertain the elevations,
particularly in the Reid's Camp area. If the lake reached
flood stage, as it did several years ago, we think there would
be some areas within the Reid's Camp that would be flooded that
are currently occupied by mobile homes.
Finally, staff is also concerned about code enforcement and
animal control problems in the area. Vacation Village used to
have a person that patrolled for stray animals. During that
time period, we regularly accepted 2 to 5 animals per week.
Our current estimate would be more like 10 animals per week and
our real concern is response time and diminished coverage in
other parts of the City. On our on-site assessments of the
area we have noticed numerous code violations, ranging from
junk vehicles, to high weeds, to trash and debris, to view
obstructions, to drainage impediments, to plumbing violations,
to more than one structure on a lot, etc. If this area were to
be annexed, these two sections would spend a large amount of
their time in this area, which would take away time from other
areas currently in the city.
Finally in the Solid Waste area, we are concerned about street
patterns and manueverability. Currently there are several
areas where we would have difficulty in manuevering trucks. We
estimate at least 25 to 30 houses that would require special
pick-up procedures.
In sumi~iation, the Public Works Division sees numerous divisions
that would definitely feel a major impact on their ability to
render services in the area. We see significant costs to the
City if new improvements were built. At the current time, the
only ways to eliminate some of these costs would be under
assessment programs. Even if assessments could and were used,
we see significant activities for the divisions. If
assessments were used, and assuming approximately 320 lots
i
Vacation Village Memo
Page 3
June 21, 1985
within the area, the average tissessment would be approximately
$5,300 per lot, If you have any further c{uostions, I would be
happy to try and answer them.
Ric ve a
Assistant City Manager
ji
2389M
AMNBXATION STUDY
URBAN SIRVICRS ANALYSIS
REQUBST
A-25
The Planning and Development Department is studying the feasibility of
annexing approximately 108 acres located adtacent and north of P. 26
between Trinity Road and Lake Lewisville (auargxi~*e ? 1/2 mites eaet of _
Koyhill Ro- being Vacation Vtllaae Mobile Home Subdivision in the eastern
portion of the City's R.T.J.
Approximately _21,_'% of this area is already developed. Approximately 100 %
of the development acreage is single family residential; 0
multi-family; __Q__% commercial; __g % industrial. Roads, bridges, railroads
and other transportation facilities included the annexation study area
includes: proxtmare Iq I . 3 n,Ves o/ sl~eefs
Total estimated dwelling units existing is 280 'Dotal estimated
population existing is -__110 Total projected population in five years
in r7~0
___NOT APPLICABLB zoning and land
use is proposed on acres of the undeveloped land. Immediate
development is/is not anticipated.
In completing the service analysis form, please estimate fiscal impact on both
operating and capital budgets wherever possible. Attachment of separate
information showing needs napital equipment/projects, projected cost, and
projected year needed, for the next five years would be beneftuial.
Thank you, and please submit requested information to David Blliaon in the
Planning and Development Department by January 7. 1986 and call 566-8350 if
there are any questions.
City Manager
11205
ORBAN SERVICES ANALYSIS
N(?I,ICE
1, Estima*ed average roaponae t(me (or this area based on current department
conditions; 1 M2 tjt0V~-
2. If annexed and/or developed as proposed will additional personnel be
needed as a specific result of this proposal?
If yes, how
many four what type _Patrol Officers
and when its soon es possible after annexa inn
3. Will additional equipment be needed to serve this area and if so, what
type?_Yes, One patrol vehicle and its related equipment
4. Will a police substation be needed to serve this area as a result of
proposal? Not at this time, however, continued rowth to the east and south
will require relocation to a larger facility somewhere south and east of
our present location
5. if yes, when should the substation, be operational? 1995
6. Is substation needed now based on current growth and conditions? _No
7, Estimated additional funding needed to serve this area if annexed and/or
developed? __$124;000
Additional comments:
gir-
Person tttcconntt:actoijff there are questions
Date
1123x/6
URBAN SERVICES ANALYSIS
PARKS AND RECREATION
1• What Park and Rmcroni,tonal facilities are currently serving this area or
are capable of serving this area if annexed and/or developed (federal,
state, local)? nn f3__
2. What capital projects and/or equipment will be needed to adequately serve
this area if annexed and/or developed based on the master plan or similar
standards.
Equipment/Project
Description Estimated Cost Fiscal Year Standard Used
3 How much additional funding will be needed for maintenance if annexation
and/or development occurs as proposed?
4. Will additional Personnel be needed to properly serve this area if annexed
and/or developel's How many and, what
type
Additional Comments: No services will be provided
Person to contact if there are questions Date
1123x/2
URBAN SERVICES ANALYSIS
,~.1ti(}HA1tY
11 If annexed and/or developed can anticipated service demanoc be met uning
existing materials, tacili.ties and personnel? No
2, If not, how many additional employees , and what type
of facilities and materials will be needed to provide services?
When will these employees or items be needed?
3. Estimated additional funding needed strictly based on proposed annexation
and/or development. When will this funding be
needed assuming annexation and/or development occurs immediately or as
projected?
4. Estimated additional funding needed to provide services if annexed and/or
developed?
Additional Comments; Residents in this area are currently receiving service
through County funding for the Library. This funding is expected to
- continue through at least EY 1986(87 If annexed by the City, st.rvice
would continue to be provided.
Current facilities are approximately 1/2 of what we need to adequately
serve the population that the Texas State Library makes us responsible, so
700 more or less has little impact on us.
Thank you for providing us the opportunity to respond.
Joella Orr (8472) 1/7/86
Peraon to contract if there are questions Date
1123x/7
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