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HomeMy WebLinkAbout03-18-1986 ACotmAaft C ID C its Cmwoul CA 14,198~ 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 ' r t ~ i i I I I 911[ I 1 Y I I J~r-~ NORM ^ I f i I ACE YIACC ~ I I i i I ,r,,.o+^ ~ i ~ I 4n I• tf wiv, elsia/_ I IL e4lWly I it+~as RM-,!•til i Ie uw,4 n+mr .l ~t.n, i I NS 471 I elf I wn VICINITY MAP i- I ~8 i i ~ i I I S. Ar r I'. POD ZONING: GENERAL RE 4L LOT I i ! BLOCK ! ' ~ b . IL(.TCb IN rra;,,.. I ry - oo Urn rrr., 4 y I "1 scar r.l7 1 f ~ I \ \ n4' \~O ClFI,E kAI. RI TAIL I ~ sa uw 1 ~ . rrrs we I- j - wr,c / i too' N,rN rw wesr erne c.AAdl eiw % I ZI ,(oc O[N70N PM PERrYF [ » _ i i - PRELIMINARY PLAT t I r awA, ♦ T rw- r..n wovry nI Atl T a ~ r I+M'IT~I~wrr-7?rMAaafw "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 - .,rr•r.< Ott arrJ m scr•41U llrr, /Lw1 m city of Iknton MRCnn IFa, e elrlrw MfltlwtMt .~J bl tll al'r r 5!111 el 1111` 1prtll IF II111. 1'11,141, .Il l nr 1, I,ARI ne4 f+ l'... ,1 01 11 rr I.YI e1 1]M ,Ilullrl In I•.r IIY allll li~,~ nh .11111%n I, l•, rIl! oI I[i11M I. r,l lllV :,11pI Nr' 1"r IV• IA .rl 14r I'~.n 1'i~nn, rr I.Wgr L+inl 1, 1•rY Y'•I MI.1 •H nl in ! rnl I Irq. of LJ 1 AI I n 1 0 Irr A1llllr •U all r.! n.• lulbin VJ.r Inn. a Irvil.ll Ld , • - "1 IF 1 foll 1 DI .1 of I.li. .1 1 n.,r. I. . 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S al l Nr r 1 I e: l lnrr .l l.<u N w ALOCK a Q3 uj o r 1_1 r ,1111, r t n, h Inr .I ,1 j_ 1 A, I, t 0 rr,, I I I L..rn 1 V f A I I 1 1 ~ 53 7s IYI N9 00,'w I nl,.r. a. 1 ,A_y1D '1'1.♦1 .,ItrI II. ,,..Li•` n.l ,l[ rrl q,Ih1 rl!ur•ll 1y, 0r ln. 1• r. r.i I~.P:.Yt pr = I` Dr y rl ,u, .nfll I I II ! ud. .^l.. rn o .n r 1 1 1 .,1 IA 1 1 I,la I L. n( IA _'1 0j N 1 w n. w•. •,O Iv Ali~iDi~ ,lllr Ili. 1 1..111 Ir rtl J ~ x 'r <I O { . '1'I I i I. 1 r 1 I In II• 1 of M w ! i_ _ a 'r. 1 1 I l.. L_1fl ei vr,l[ ! ++t•n• 0-1 0 It f9 Iy ..r . •l'J{ .1 ! 1 . 1 1 v GRAMIwC SCALE . • ♦ / 1 ^ r I 1 - I: Ir. lrlr. w wr.ln rNl ~ t` r r •'r1 1 ulr .l hl• r l , ~ ho11r. ,r., rIr f ' 4,q. mn r 1 aI,,.1..r.<',.~,.;.nr.n•ID•Inr:;•1~1 In +.,I I,1 u~•..In to.,-,I, .,a an, we rsf fz w u0le n cl. ! , 1.1,.. nIr nr;,• vl ui nl-,, amm~r. YnG„1 le rn M In, • 4 a•Il .1 I H 1 r'1 r\Ir l fl rfnp aM 1 1,..1,6 N~ t+• 111 I I•v I nnr llgatl L.nN 4r 0 • < ! r Ii lot -It, :lllir . it 1 _.f'IT tf~11e, 1 r. I y, r -Yt, rlfx) Af111F?'~ I. D^I '1~ ~r a SITrfa/~1,~ 1•"1 j r5 A.., 1. r..._ _ R~ E LAT OF /`~r, sf I+-~L I J FRY ADDITION r ~F n rI . ~ fl Al llnnl nrlll l(UI yJpp nr rI t LOT 2R B[_OCK 3 1.'. wri •,~I XA 1 r!1° m. Iv rr I arm 1~Qj f 1•T•(•~1 L.n! 1 :Urn11I 1 Ivr Y t r.A r 1 br 1• ,r I+I r 11 Ir fff F3( 2W A PFFIAI OF KWIK VAR „ 9 ALL 00' LOT d rnn t) L , j 4w ^ I / • I r LOCK JOF FPY AWInoN 1 If 1 p 'l t 1 1 Tq l ^•'al: b I e r r 1 r t, • CITY 0 O ENT y N' 11.' , I .,I •In In I rL 1 r v n fl I r L_, i1 . i. r 1. r1A w r t 1~ IA • 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 i C ALE IAWN1 R E. SMITH 1011 / ass DFI 261 / 85 ORDC r _q I N.. .,1i. 11 F • 1' 1 uN _ df Ei f vElf kl i F II At E )47R Of A 0,4156 taL *vAfCl IA 6 r ,arm n.,iA ID -f r . 9 1 F- j.-~•_YYiA~ ®•-ARAIWii- - SX1iiF7. R E o r ' w 9 c t r! OF o E r N 1011% I 4_u nar vwNU rq Na.J a r r 'i'. i 1It rl r! N6 ALL lr 1 /..R1A 1 it It N M•,w~, ~_u r'Ne, AS U0.7 r4nNC a CA 1;Ir -St + A N A u! I IFII TO EI D. E5 l7 Q I •e~A ,L• - - , 7Af rE ` )E6 ! t rr'..^ 1/'f Af, D C IJ S. NI(V;N S I )ml Iiyl n'li JyJ IEe F1, bNU CA ',Il N UNiI', AND SL G r_ w • {..Y M Ifs . y'. I u JS I AC A D ION ,l Ita '9AC r. } No>• oXa .eNr9N3l•02 tWKfl. •wcINlA w r- t--0011 1. AGRLJ0N t { 'I !n a~,Nt~ur-..* VF 4C ' IWR,+:I ;!q[L I'~ 1~ jL LL~ R N6a•41 22 C Ila bl ,11 \W,A E i IA NU I A N I J7 SEC D4 LAST I ~iS IANCI ~ l IL +i;• y J LAELEU IN i7`1 ALLEY, L J~ ,r I J1. 1 'I 'TIS ArL r a[fY G NC S1 ALN :FD i;.T ~ I .,rE r 7 I I,i L [I. AN N..'r 71N N 'hl I AbN E. f , viH SG F !ES SA ~:ti lu 10 iEC, Ei7 ;r, ~L;U .11 7r-.rr r,il '.I S. 17 FIE1 11 AN Ff'1 SLING if, p II lr.r,'r 7 :EST IA I.' I AEII, ♦ i,'.If 'c lni E ri FS 1 M-.ES,D 'r'0 ,'t i '+1Lf 7 O M r 118 56 E+' of I-IEI d. , INAA !ht •A3 C~ ~DA035 At IL A BILLY RAY FAIN 1 'D C. . 04259 ICPLS E 1,4 11 757 r` 6477921 DRO.c E+11.-E 1 N ,r':I p r -Ht:r AE tnr; LOT I 1 ; rove C. r ` N BLOCK ONC 1RP~ I` r ,Pr +.I ri 1'~Il1 1 EJCVI 1 VLII r {AI 11 I b ZOAAEO, R0.Or114• j1~ - t ~sr llr yl rll ,`I I S I I L , c U'C r I l T'1 • 1 MFIAr .,N~1M /AMNr L4l Cd IV V lE I rIEA: 1I ~aa Y. L4 f 'i A yr 1 l 49 Y IUEL C ,N A A../ .a% it e h h,l JAV PrA'. Aur FFE Eld oAL! 5 1•.1. rt RS tiA lf~ j :'l 1 I , 1 9 f u llrS A , 4t 11A.E"E ~il[CL'iD '.F SINE!ING i I A C t'9 C'" f[11 1^f A!,' LrF41 A.. ASL Ih'E ! y 04! ` E Iv 111E p 14 % O / Q > uyt°'-- 'L °I :x.C ttEE Ur r,.lF:fl - or J > ~1y ,11, 1i ,A I yr J 1 1 .1 I 2 / 0 1 8.!9.30'29 W. 119.7 1 ; dS T!.. it ..cuiH3 f f .i' $44' A 0K G KA STRUTRE75 N4 ( ,r t 1663/ 363 OR p ; :Slr Sl'1 IA"C I J..v4 J.r Jav J.r 11 , ~rr I j O'ANCR DALE IRAIN M XY 4'" w• DEPITON"tx 76201 4 ` 04259 ACA's IN TW YA..i.„,/ CETY E C64TY Cf CF','CN,TEIC wR,•J.I j ) I LOT FOR CFFICT 'SE .1 I ll .u ! : '~•:•rcl. 4 _r ORAFNC. SCALE NOTE ALL 0Tg1149 SHOWN AM 1XIST)NI I YICIIAIrT MAP PRELIMINARY PLAT JILM s[4M M((f MA MMETT EI NASM, INC. FRED MOCRE AD0lT10N + CIAO 0u •,UF :E I(1k> AN ACOICM TO " CITY Of DENTfAI J N{ ll[VISION( SIT 12 X 95 •ErFS Tr. NN •:a "7 OENTCN CCu1Tr, TEXAS 2L J6( 401 P RAR I E STREET N )I ~ a 4 i A f- 3 TU - o J Arb~1~ _ _ 1 J r 0 ~ f~ L C~~ l+ n O r 'L 4 41 P II f I ~ f4 fl I ,#l,.~S I 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. 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Al vt 5115 _ 111 f rNAr. ~ lI I R K ~ 1 1 y• 1 ! 1 , I' 1 r A I r, t IF A 4, 1, SHOW ST Herz w ru ar 8 00 If 01,15 r 7r• r, b ll n, O n All y/ R w V O w iAll 1 IAR41.7, 1 ll[w1 I S ! b V b A'" CIAt, hl I Y C C lw., I" OWNER- DCNMN 6AFITIS7 A690C.I INC ) 10 rbMd Ap,r4,ilWl M AS ri201 ACArj IN Trt 111 WTAM1 r• ONE LAT tNVRCONit15EMONITE1fA5 ~Inn 22 5~ p 2 PREUM~IAW Pl~zt OwN RAN GJl1L5 U Y CSf N SID , T - - - - ' H QJ ruJ Q b c . MCIOWEY sT BA 7nsT kt!MN' • ql rl•. , A! CAD 011'/ COtJSULTINO 0:01WRS F. SURVEYORS ul 4'li•Vt To 1`a <1+I tt ccarvl I er OrIPA~3 D: 111CN TTyAS 76291 PO N 1757 CC.' IF TF04, J06 NO 22,411 ♦ p, w.e ciry of D<NrON, rBXAS MUNICIPAL BUILDING / 215 E. McKINNEY ST. / DENTON, TEXAS 76201 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 N0379E 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 s ~ t M S{r I . , ' r G iri (L~Vv d~ f I J 1i (j1J~~~,~.'. ' s ! • 1 1G e p g a d 7 i"• b lRO C"^ [ n • 1 1 tz 1 11 r, kFal Rd. rf: it ~oan cr'' ''n :e { • ~fl e• r~ M ' r. r r. f l ~ If .56 la ~ ti► ,1 fit, u KRUM r}' nti. yy • , \ • } /r uwr ,p. ~p.,..~~M (r' n O ' q y ' ~ e II t I'j ■ ' I r a r . rs f1rY: r r ~r`~1 a~" u ' , • +t ti r M r rr z•r, ~k} u ~ .rte , •.L ~ _I""'. 1 ♦ 1 J / 7ChrrL'~qq Jt n) it sr ntalj # : ! vy~ i 9 hf4 r .ty / f 116, so 'N n ~ ~ 0, ~ • r. cw 11 r ' ~M1t ;k'le4 M~ arr-~ ° r.4 n r ti ~ , oft A • ° 3 , rar *+r s; • i T o m ' C o t e / rt ! Rd, R li~,l~ • I 11 ~J ~3"► (p•b p ~ ` ~ jL]`~ Amy ~IL r r R , r ' r a r } daeare:~■ Ila wR .M~N lively Rd f' w r ! ♦ ✓ ~ ~ q Y , 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 er 'I r V rh . ~1r10 1;~k103 • E V r C 'Lo I ~ Ri•r.m~ ar n. c is 11 o Rd y1{~Ond Cr+ IN Rd 14 } f Via` to; ar • • 1 116 E • mw; • L o 11 Rd "L p t: t` Iff n M 1 Q~ N C• U ~ H•rlblrsen RQ~~ •g.t A 001! c 1 I r « v • x • • v Q Rd. e c ~1 rr 114 n •r { ~ aer ~y • c • • ~ • ' r o~ c~j ruz r 41 1 41 ,i b • • G s ! • a =MET wl U" a t: a:s ri is • g •AS it 6 /q V~ ~4 Un cn HoI Rd u Simpson Rd. y uni t•' I Mtr ~yl X64 a / A.4 W r Terroce- qd ~ ' ` t • / c if ~;f Q• tic' vl]r r • pt_AW 39 • ar 7~ ar rt at..ac ~•t AM fR ! M ► • ~,M e • •McR9y^olds ad • r i~WMAMI-WI -_Am, . ucN Cr=eN Rd. * \p' ~I ti'G F Gem1]•ry Rd . F C•me]ery Rd, r i N Du Lk • l~ J,h cr • ` U 9 • v ` M lkAK_IW =_W-_71C Crow wript ct Rd Creek • ; ~S ~~~•dcat7r:. SiPU1 VGA J j2i.'; • Bvipe M • . 1 I v or 1 Q1 lr t ~r 1K iu N o • • s r / -N 0 , 0 0 1 - Rd d f . f Nlcrols on Rd ` ► _rT r,. 11 RIC Idr flJ ~A • v • qo R/ e 1 o►tk R d ml re`r I 1 s. 4 Sr ILLY'In! a Rd r` rl • k• 5 e ` 5rsperm•r~.~, ar arc sr ac M yy n' u t U'N Greer yo'ley • • OWN Rd, K: r~• t.. • a 1 • ] t'.. V''~ v I~` 0tll'Jn Rd. • ~~V TAsthltt + It ail' f t'~• r t No~M1e1 R ,f ` •!Y1 ale s, • • ~4 , ;~y~ } „ ,Irr • Relief" Clrtlel 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 - I. ~ LICE TIRES RADIAL ; I 53 . ' 'PO i i ' I 1 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 ~ 8. ;FARM 106.39 261.io iINDUSTRIAL iB.Jri H 10. ; TUBES B-15 aS l4T.i;U t~ C 6.69 72 J.1i 1 I , ' I I + 1 . I 1 ' 1 EVAL+JATED TOTALS ; 1 ~ 11 -'1 ; ' I I 1 , 160.16 - ; 4 132.35 s 106,64 ' I 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 I f,h i FI~+'+! dl;pf G(Hil+iEi~F ~ `NI;i.EI( 'I lc';[t' 1 iD F,M, itpc ;1rIiEhNHilU44 L' ilFs I ilftE , , :(h4ifE !+hF ~ :Ef.'+r[c L11. ! 1 - - - - - - - - - - - - - ~ ''1~ E+EN UE5CfiIF'11~It ~ ;EHPbL i dEtlCl(I(, ~ VtB['C'k JEtiG6R ; i114f iCF'VICLIhtF'NIh6 ; ~ ; I I 1 , :ii, fldt5 rpPdlrpd, ; , , 1 Nl fr,v shop ; 1 , r I j 1 I 1 ~ Ns-pow tires Lt, Cvrtol Irucl, 7,- 1 5i ; tV lrltc( Iires f~,'.n ! 14,rin ►-3 , I J, Neati'v EgIItPRen! ! i+il off read PIP „i (irr 9 I • ~ 1 .b. ,tree MCI untiflq, I 1 , dt vCUI shoo I ~ I 1 I ' I, Fasse;iuer tires „Illi t,SG ( Lt, COMM irucf 5r+ ; I r U L J tires r j(I,Pill 4, fleavv Equiriment All of f r oad I , 1 ' I I ;i., Fpad ;pr ijca I 1 , Inside CItl 04 Uentcr ; 1 ' F'Pr l4 1 e/pact, ; 1 1 Passenuer tires I (i1, 1111 ; r - r Li iruo:I iii f i I Ili 1 ' I' 1 I 4 f~••a.~• fquioPerl , ; , 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 M M M M rt I M t Ir « , r r t 10.0 A2r•6 r I r' 'r iCM00L •IT6 UNtOMEgi\~ r r 5 u, ..1< n rf » , 112 t1 1' • i' J CIA' 1 1 ~ V1.i AlatEf r r i* r r V 1 Z MWTI ! NNIIY r , a r 1 ~1 ■ o4 « w M ` I)t j4d tONf r A ' i IiAM/M y 'N `f , r r• M w w - w r j r *r. i. • _ - I 1 A KIN(idTO~,`:~E` 1 O 5, I \ 1 r ' TRACE I a• r' t I uN2oNEO \ I I 4-. ~ 2,YMNo A ! • ! + I ` ; UNiONt D, - - ~ I 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 YjI + r. .4 ~i ~tpJ r y I ~ t ~ r'~!7~lI~(i°!1'I / • ~ tit 1• C~LY' • ~t sit ~t Myr"w~- ~ `Jh 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 F:XI~IBI'f "B" y , r ' tt I .y T M A S roar st,wvt r Ad /iaa I t 41 7 117' MMIY! 11 IYM r tr ~e 1 I ` ~ I l I L L/ A M M d ` ~i11 SVAYEr Aa. !7d ,3 1 ' uNY ~ YM1~H ~ ! Iy1 bMl f J, W. MAwO/N SNwVdY « 1 I 1 y 1 I r Z IT51 Y~ 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 Y ~ a i 7 } / I N , BLc , 1 r ARGU i t i tl O'A 73 p' .Jd 1 i 41 L4 , 1 7AkKlk4 ,Q bF%4e-6 ilY 1 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. 4 ~ fE 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. r lip" i / - ~r1 ♦ MMr r..q rt W PLC _ r ! ~ h - - .r~sarr. ra wrwrr ~ CF■ N r ru,.r ~r e 1 ~ r rx. ro wr Z-/ 7~Q ; 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 MAO . • Arr a ~•YY • • • • r •.t ' :~i it c.A~r 1v 404 ye 06 , 9-1 a~ A ` - V5AD0,N VJLLAG 4-1; A 16~ to MA:y rr 7 r~ ~ , ~r 1 i r0 ~ ~ , n ,PIP ' ~ 1 •rhr..,...,.....~ Mr ~ . ~ (r Got tiirr A_XS / kC b ; r. VrAB.9 r ''y I' ! y s F.•. , re.J yi s HICKORY [~~;r " LAKE t , , .