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HomeMy WebLinkAbout06-10-1986 AG~.Na~ 6AI SuNti lo, 1941~ AGENDA CITY Uf DENTON CITY COUNCIL June 10, 1986 Meeting of the City of Denton City Council on Tuesday, June 10, 19860 at 3:00 p.m. convening in the Parking Lot of the Municipal Building at which the following item will be considered: 3:00 p.m. 1. Depart for a tour of Lake Kay Roberts Work Session of the City of Denton City Council on Tuesday, June 10, 1986, at 6:30 p.mo in the Civil Defense Room of the Municipal Building at which the following items will be considered: 6:30 p.m. 10 Hold a discussion on and consider approval of a proposal from Denton County to provide health services to the City of Denton, • Regular Meeting of the City of Denton City Council on Tuesday, June 10, 1986, at 700 p.m. in the Council Chambers of the bunicipal Building at which the following items will be considered; 7;00 p.m, 11 Public Hearings: A. H-35. Petition of Mr, and Mrs. Ken Bradley requesting historic landmark (H) designation'at 8US Bolivar Street. The property is further described as all of lots 4 and 5 and part of lot 3, block 4, of the Bacon Addition, (The Planning and Zoning Commission and Historic Landmark Commission recommend approval.) 11 Consider adoption of an ordinance approving, historic landmark (H) designation at 805 Bolivar Street, 21 Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations$ Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda June 10, 1986 Page Two Listed below are bids to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the )rdinances (Agenda items 3.A and `3.B). 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. Bid M 9619 - Distribution transformers 21 Bid 0 9620 - Office supplies 3. bid 0 9622 - Envelopes 31 Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements (Bid #9609 - Stuart-Pershing paving/drainage.) C. Consider adoption of an ordinance approving an agreement betweon Sunburst Development, the City of Denton, and Michael J. Whitten, providing for the payment of costs for the condemnation of land for drainage purposes. D. Consider adoption of an ordinance removing Bonnie Brae from the truck route ordinance. (The Citizens Traffic Safety Support Commission recommends approval.) B. Consider adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the single family (SP-7) classification on a 62.474 acre tract located at the southwest corner of Hickory Creek Road and PM 2181 (Teasley Lane), Z-1806 P. Consider adoption of an ordinance amending . "Schedule BCA" of the schedule of rates for electrical service, to provide for a reduced energy cost adjustment rate. (The Public Utilities Board recommends approval.) City of Denton City Council Agenda June 10, 1986' Page Three G. Consider adoption of an ordinance approving the payment of an amount not to exceed $10,000 to the Texas Municipal League to pay the c~)st of intervening in litigation relating to Texas water quality standards. (The Public Utilities Board recommends approval.) H. Consider adoption of an ordinance approving an agreement between the City of Denton and Black and Veatch for engineering services in regard to utility distribution projects. (The Public Utilities board recommends approval.) I. Consider adoption of an ordinance providing for one-way traffic from sout;l to north on the east frontage road of Interstate Highway 3S between Highway 380 and highway 77, and for one-way traffic from north to south on the west frontage road of Interstate highway 35 between 380 and Y.M. 1173; providing for a penalty in the maximum amount of $200.00 for violations thereof. 4. Resolution: A. Consider approval of a resolution authorizing the condemnation of .02 acres of land for drainage purposes; locates in the' S.C. Hiram Survey, Abstract 616, being part of that tract of land described in a deed recorded in Vol. 797, page 793, Deed Records, Denton County, Texas. B. Consider approval of a resolution by the City of Denton, Texas, authorizing the City manager to sign and submit to the Department of Housing and Urban Development a Final Statement of bbjectivos and Projected Use of Funds, with appropriate certification. (The Community Development Block Grant Committee recommends approval,) C. Consider approval of a resolution authorizing the Mayor to execute a Pipe Line License Agreement between the City of Denton any the Missouri-Kansas-Texas Railroad Company. D. Consider approval of a resolution declaring the week of June 8, 1986 as flag Week and June 14, 1986 as Flag Day for the City of Denton. S. Consider approval of modifications to the intersection of Carroll and McKinney. (The Citizens Traffic Safety Support Commission recommends approval.) City of Denton City Council Agenda June 10, 1986 Page Pour 6. Miscellaneous matters from the City Manager 7, Receive a report and discuss the status of the lease a reement between the City of Denton and Maverick Aircraft, Inc. 8. Receive a report on the status of the proposed asset transfer of Flow Memorial Hospital. 9. Bold a discussion regarding potential right -o£ -way acquisit.on for street expansion. 10. Consider annual appointment of members to City of Denton boards and commissions. 11. New Business: This item provides a section for Council Members to suggest items for future agendas. 12. Executive Session: A. Legal platters Under Sec. 2(e), Art. 6252-17 V.A.T.S. (soe item 0 7) B. Real Estate Under Sec. 2(f), Art. 62S2-17 V,A.T.S, (see items N 8 and 9) C. Personnel/Board Apppointments Under Sec, 2(g), Art 6252-17 V,A.T.S. (see item 0 10) 13, official Action or, Executive Session Items: At Legal Matters B. Real bstate C. Personnel/board Appointments C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the r't1 day o£1986 at _ o'clock (a.m.) p.m. 2221C ~J AGENDA CITY OF DENTON CITY COUNCIL June 10, 1986 Meeting of the City of Denton City Council on Tuesday, ,rune 10, 1986, at 3:00 p.m. convening in the Parking Lot of the Municipal Building at which the following item will be considered: 3:00 p.m. 1. Depart for a tour of Lake Ray Roberts Work Session of the City of Denton City Council on Tuesday, June 10, 1986, at 6:30 p.m. In the Civil Defense Room of the Municipal Building at which the following items will be considered: 6:30 P.M. 1. Hold a discussion on and consider approval of a proposal from Denton County to provide health services to the City of Denton. Regular Meeting of the City of Denton City Council on Tuesday, June 10, 1986, at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Public Hearings: A, H-35. Potition of Mr, and Mrs. Ken Bradley requesting historic landmark (H) designation at 805 Bolivar Street. The property is further described as all of lots 4 and 5 and part of lot 3, block 4, of the Bacon Addition, (The Planning and Zoning Commission and Historic Landmark Commission recommend approval.) 16 Consider adoption of an ordinance approving historic landmark (H) designation at 605 Bolivar Street. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordunce with the Staff recommendations, i -Y. , r 3 r City of Denton City Council Agenda June 10, 1986 Page Two Listed below are bids to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 3.A and \3.8). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids: 11 Bid 0 9619 - Distribution transformers 2. Bid 0 9610 - office supplies 3. Bid 0 9622 - Envelopes 30 Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements (Bid 09609 - Stuart-Pershing paving/drainage.) C. Consider adoption of an ordinance approving an agreement between Sunburst Development, the City of Denton, and Michael J. Whitten, providing for the payment of costs for the condemnation of land for drainage purposes. D. Consider adoption of an ordinance removing Bonnie Brae from the truck route ordinance. (The Citizens Traffic Safety Support Commission recommends approval.) E. Consider adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the single family (SF-7) classification on a 62.474 acre tract located at the southwe%t corner of Hickory Creek Road and FM 2181 (Teasley Lane). Z-1806 F, Consider adoption of an ordinance amending "Schedule ECA" of the schedule of rates for electrical service, to provide for a reduced energy cost adjustment rate. (The Public Utilities Board recommends approval.) City of Denton City Council Agenda June 10, 1986 Page Three G, Consider adoption of an ordinance approving the payment of an amount not to exceed $10,000 to the TTexas Municipal League to pay the cost of intervening in litigation relating to Texas water quality standards. (The Public Utilities Board recommends approval.) H. Consider adoption of an ordinance approving an agreement batween the City of Denton and Black and Veatch for engineering services in regard to utility distribution projects. (The Public Utilities board recommends approval.) I, Consider adoption of an ordinance providing for one-way traffic from south to north on the east frontage road of Interstate Highway 3S between Highway 380 and Highway 77, and for one-way traffic from north to south on the west frontage road of Interstate Highway 3S between 380 and Y.M. 1173; providing for a penalty in the maximum amount of $200.00 for violations thereof. 4. Resolution: A. Consider approval of a resolution authorizing the condemnation of .02 acres of land for drainage purposes; located in the S.C. Hiram Survey, Abstract 616, being part of that tract of land described in a deed recorded in Vol, 7970 page i930 Deed Records, Denton County, Texas. B. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a Final Statement of Objectives and Projected Use of Funds, with appropriate certification, (The Community Development Block Grant Committee recommends approval.) C. Consider approval of a resolution authorizing the Mayor to execute a Pipe Line License Agreement between the City of Denton and the Missouri-Kansas-Texas Railroad Company. D. Consider approval of a resolution declaring the week of June 8, 1986 as Flag Week and June 14, 1986 as Flag Day for the City of Denton, 5. Consider approval of modifications to the intersection of Carroll and McKinney. (The Citizens Traffic Safety Support Commission recommends approval.) City of Denton City Council Agenda June 10, 1986 Page four 61 Miscellaneous matters from the City Manager 7. Receive a report and discuss the status of the lease agreement between the City of Denton and Maverick Aircraft, Inc. 81 Receive a report on the status of the proposed asset transfer of blow Memorial Hospital. 9. Bold a discussion regarding potential right-of-way acquisition for street expansion. 10. Consider annual appointment of members to City of Denton boards and commissions. 11, New Business: This item provides a 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. (see item N 7) B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A,T,S, (see items # 8 and 9) C. Personnel/hoard Appointments Under Sec. 2(g), Art 6252.17 V.A.T,S. (see item 0 10) 13. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel/Board Appointments C E R T 1 F I C A T S I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1986 at o'clock (a.m.) p.m. CITY SECRETARY 2221C Y r.-r..-.:'La r_*aa mot' : .~3 L so 2 a (;f" of D&VTON, MUS MUNICIPAL BUILDING / 216 E. McKINNEY ST, / DENTON, TEXAS 78201 M E M O R A N D U M DATGs June 5, 1986 TOs City Council FROM$ Betty McKean, Assistant City Manager Subjects REOROANIZA'iION OF DENTON CI'T'Y/COUNTY HEALTH DEPARTMtNT The County has established a new formula for assessing payment for clinical and environmental services for cities currently utilizing the County Health Department, The City of Denton would be responsible for payment of $83,292 for environmental services and $68,779 for clinical services for the 1936-87 fiscal year, The assessed total of $152,071 Is a fifty (50) per cent increase over the 1985-86 assessment for the same services. It appears that the City may have several alternativess contract for those services it does not wish to provide at a local level, establish its own local health department, or make a counterpropcsal to the County to establish a Health District (similiar to what we're now operating under). There are several areas of concern, however, regarding the new formula and the proposed assessment, First of all there appears to be an inequity in how the formula has been applied. For example, the formula does not adequately address the double taxation iabue for residents of the City of Denton who pay city and county taxes] in addition, the formula has not been applied to the uninccsrporated population of the county. Furthermore, the proposed assessment for each city for the 1986-87 fiscal year is substantially higher than payment assessed for the previous fiscal year. Therefore, it appears that there is a need to establish a formula that is not only equitable, but also realistic, Another concern is that there has been an insufficient amount of time to negotiate the issue with the County Commissioners' Court, or research our options, In addition, the question of the long-range impact of the formula on future asressmai,ts for all the cities remains unclear. 81716068100 DIFW METRO 434-1620 McKean pg 2 After conferring with Floyd regarding the proposed assessment, we believe that any recommendations me make must be responsive to the conceria outlined above, It is therefore our recommendation t,-,at we tentatively contract with the County for environmental and clincial services for the 1.986-87 fiscal year and continue to research our options, Before we can make a final commitment, we feel it is necessary to communicate our concerns regarding the new formula and the proposed assessments with the County Commissioners' Court. We would like a meeting to be scheduled with the Commissioners' Court and all the cities involved in the proposed assessments to discuss the overall issue in depth. Betty McK an Assistant City Manager R~TM TANUI► LEE WALKIN (8 1?) 3$2-4W8 PRECINCT 3 fdt 7)4947110 UNDY JAC*" PRECINCT 2 ~ i. f, 8"721" 1214) 435.3721 PRECINCT 4 (817) 482.3413 WOOY COLN, JUDGE 401 W, HICKORY 1517) 588.8885 OENTON COUNTY COMMISSIONERS COURT SUILOINO 212W SYCAMORE. DENTON. TEXAS 74201 is 171JAJ 6J90 a IS1 71 ~!3•M9r May 20, 1986 Mayor Ray Stephens City of Denton 215 E. McKinney Denton, Texas 76201 Dear Mayor Stephens, Denton County is in the process of reorganizing the Health Department as required in article 4436b Vernon's Texar, Civil Statutes. A portion of that reorganization process has been to evaluate the current funding received from participating municipalities. A list showing the current funding to attached. You will notice that there is no equitable basis for the current amounts and that several municipalities are not fund{nq s. o;. all. We are proposing to offer the same ,ser, rIcee as in the past, but «ivide them into two separate pa~7,kageas environmental and clinical. You may choose both :ses:vices, one, or none, and interlocal contracts will be used. However it should be noted that article 4436b requires that a health authority be established for each municipality and if you choose to take less than both packages, you will need to arrange for a health authority for your municipality. Attached are lists of estimated funding assessments for z:: municipalities for each package and an explanation of the formula used for each. We have attempted to update each municipality's funding in an equitable manner based on current coats. i We i.<lise that you are now in your budget process, just as we are. Therefore, please review the attached material ae soon as possible and advise this office of your intentions in writing by June 33s Upon receipt of responses from all municipalities, the statistical information used in the formulas will be revised and you will be advised of the revised assessments sinnccorell~y, , e41e4 switzer Acting County %dq• 9ES/pq Encl. .g~ZwS ~~47`cYT~F?xr,y ,S' Tom. _qr_ S 'e Tv. a~ w t°' 'r%•.iH s_~Yi.'R+Si 'SST: HEALTH DEPARTMENT NUNICIPALITXRS' CURRENT PLEDGES PY PY FY CITY 83/84 84/85 85/86 Argyle 120 8 120 ; 120 Aubrey 300 300 300 Corinth 120 120 120 Denton 86,243 85,710 100,000 Flower Mound 120 120 120 Hickory Creek 120 120 120 Highland Villagd 120 120 120 Justin 300 300 300 Krum 300 300 300 Lake Dallas 200 200 200 Lewisville 10000 10000 10000 Little 81m 120 120 30 Pilot Point 10000 1,000 10000 Roanoke 120 120 120 Sanger 500 500 500 Shady Shores 120 120 120 $104,470 0255e/1 -1- ,era;' PM 1986-87 FORMULA FOR DETERMINING CITIES FUNDING (AS PROPOSED SY COUNTY) ENVIRONMENTAL DIVx§I$N $327,677 ANTICIPATED BUDGET 11 0tQ00 ANTICIPATED FEES $187,677 BASE -1411661 POPULATION OF COUNTY* 1.32 PER CAPITA RATE $ 83.292 ASSESSMENT FOR DENTON Anticipated budget is determined by separating environmental division from the 85/86 Health Department budget. Anticipated fees are the amount projected at the beginning of FY 85/86 and include such fees as restaurant inspection, septic inspection, eta. *Population figures were obtained from North Central Texas Council of Governments and are effective January 1, 1986. Since the cities of Lewisville, Carrollton, and The Colony have their own health departments and do not use our environmental services, their populations were not included in this proce,es and no asses ments are indicated for them. For this t)1.32 per person, the cities have the autiority available to enforce their ordinances and have these services available to them: Food Inspection (restaurants and grocery storoa) Septic system inspections Health Cards Complaint Inspections swimming Pool Inspections Water Well Inspections School Inspections Day Care and Foster Home Inspections Rabies Control Loan Inspections 0169o/5 -2- g tzw w,: tit. .,(rx..-, n, i.sxas: > rw t F S "?=4 f "'.':i few I PROPOSED ASSESSMENT FOR CITIES' FUNDING ENVIROHNENTAL DIVISION BASED ON $1.32 PER CAPITA* CITIES POPULATION ASSESSMENT Argyle 1,400 $ 1,848 Aubrey 1,300 1,716 Bartonville 805 1,063 Copper Canyon 888 1,172 Corinth 20800 3,696 Corral City 112 148 Crone Roads 380 502 Denton 630100 83,292 Double Oak 1,950 20574 Eastvale 545 719 Plower Mound 11,800 15,576 Hebron ill 147 Hickory Creek 2,050 21706 Highland Village 50050 6,666 Justin 1,100 10452 Krugerville 701 925 Krum 1,250 1,650 Lake Dallas 31600 4,752 Lakewood village 197 260 Lincoln Park 38 50 Little Elm 10150 1,518 Marshall Creek 507 669 Northlake 169 223 Oak Point 653 10126 Ponder 325 429 Pilot Point 20550 30366 Roanoke 10300 1,716 Sanger 3,850 5,082 Shady Shores 11050 1,386 Trophy Club 2,750 3,630 $150,059 Unincorporated Population (County) 27,983 37,618 $187j677 0255e/2 .3- xYy eyi # 1ylsy.i _ qa a Rv {F 1986-87 FORMULA FOR DETERMINING CITIES FUMDING (AS PROPOSED BY COUNTY) CLINICAL DIVISION ;275,272 ANTICIPATED BUDGET 27,982 ANTICIPATED REVENUE 247,290 BASE -_125,948_ POPULATION OF COUNTY ` 1.09 PER CAPITA RATE 6 68.779 ASSESSMENT FOR DENTON Anticipated budget is determined by separating clinical division from the 85/86 Health Department Budget. Anticipated revenue includes Pees, such as for inoculations, and reimbursement for administrative costs from WIC. Population figures were obtained from North Central Texas Council of Governments and are effective January 1, 1986. For this $1.09 per person, the cities have these services available to their residents: Child Health Clinic Immunization Clinic Adult Health Clinic Maternity Clinic sexually 1lransmitted Disease Clinic Health Education Lice Check Gamma Globulin injections Miscellaneous Pres.tiption Injectioas Diabetes Screening Blood Pressure Check Tuberculosis Skin Test 016:0/6 .4- y' , ~ 'fF's" ,:.sx-.~ppw•. e._.y~ €iaa 3 (er.iP F x .rc cTCSO..#. PROPOGED Ai$ 17 FOR CITIES' FUNDING CLIOICxL DIVISION BASED ON $1.09 PER CAPITA* CITIES POPULATION ASSES's"ENT Argyle 1,400 ; 1,5Zd Aubrey 1, 300 10417 Bartonville 805 $77 Carrollton 29,934 32,628 Copper Canyon 888 968 Corinth 2,800 3,052 Corral City 112 122 Cross Roads 380 414 Denton 63,100 68,779 Double Oak 11950 21126 Eastvale 545 594 Flower Mound 11,800 12.862 Hebron 111 121 Hickory Creek 2,050 2,235 Highland Village 51,050 50405 Justin 1,100 1,199 Krugerville 701 764 Krum 11250 10363 Lake Dallas 3,600 3,924 Lakewood Village 197 215 Lewisville 37,200 40,548 Lincoln Park 38 41 Little Elm 11150 1,254 Marshall Creek 507 553 Northlake 169 184 Oak Point 853 930 Ponder 325 354 Pilot Point 2,550 21780 Roanoke 1, 300 11417 Sanger il, 850 4,197 Shady Shores 11050 %%145 The Colony 17,150 18,694 Trophy Club 21750 21996 $215,6$6 Unincorporated Population (County) .,1,604 $247,290 0255e/3 -5- J tFi~7(' ; ~Y ^ )FY Sa£ iF r4,v g r Rf `t a, R ] T~ arrY N OMNTON Dwffog rwm 1 76*01 MEMORANDUM DATEt June 6, 1986 TOt Betty McKean, Assistant City Manager PROM: Paulette Owens-Holmes, Program Administrator SUBJUCT: ENVIRONMENTAL HEALTH STATISTICS According to a recent assessment conducted by the County Health Department, the City of Denton will be responsible for payment of x'83,292 for environmental services currently provided by the County Health Department. We are now faced with the question of whether it would be cost effective for us to continue to contract environmental services from the County Health Department or establish a separate environmental health unit for the City. First of all, twenty-nine (29) Denton County municipalities were contacted regarding their plans to continue the use of the County Environmental Health Services. We were able to reach twelve (12) of these municipalities: Aubrey, Corinth, Cross Roads, Plower Mound, Hickory Creek, Highland Village, Justin, Krum, Lake Dallas, Pilot Point, Roanoke, and sanger, Ten of the twelve indicated that they plan to continue their participation in the County program. The two municipalities which indicated that they are, as yet, undecided are Aubrey and Krum. The City Secretary of Aubrey indicated that the matter had not yet been brought before the City Council. The City Secretary of Krum indicated that they are going to research the matter, and at least consider the options of providing these services in-house, or contracting out for them (possibly with the City of Denton should we decide to begin offering these services). It appears from our survey that the majority of the cities will retain the environmental services provided by the County Health Department. -6~ "tty Nelson June 6, 1906 Page 2 Of concern also is the formula that has been used to assess city participation in the County Environmental and Clinival Health Departments# of specific concern is the difference in the newly-adopted formula for assessing this participation and the Jameson formula (1960). The Jameson formula is based on percent of usage, and attempts to deal with the double-taxation issue for city residents. The more recent formulas use population figures and base assessments on a per capita charge. I have reviewed the various studies made over the past four years on what resources would be necessary to establish a separate environmental health unit for the City. Existing environmental health units in Lewisville, Carrollton, and the Colony were also researched. r' Preliminary findings indicate that it would not be cost effective to establish our own environmental health unit at this time. Paulette ens-Holmes Program Administrator od Attachments 01690/142 -1.. CITY Of DR" I ENVIRONMENTAL ,~,E!1LT19 UIIIT PROJECTEb COSTB To calculate projected revenues, each of the newly-established fees have been multiplied by an estimate of yearly volume for a particular service, The revenues that would be generated are as follows: I I NUMBER I I PROJECTRD ! I ( PER YEAR I 1;86 I TOTAL 1 I (CITY OF DENTONH EIES I REVEpUE I { I f I I I Water samples I 4 { 25 1 A 100 I Food Permits 1 200 1 * 50 1 10,000 1 I Grocery Stores I 100 I 20 i 20000 1 I Food Handlers' Permits; 1 31500 I 10 1 35,DOD I I Swimming Pool Fees 1 100 ( 100 1 101000 1 I I I I ( ITOtal. Revenue Per Year I J 1 •57,100 1 As for the expenditure aide, I have updated the figurer from an August, 1984 study conducted by the city Manager's Office, ProjecteC expendituros bra as followss I ACCOUNT I DESCRIPTION OF I FUNDING 1 I TITLE I EXPENDITURES I NEEDS I I I I I I Personal I Management (1) 300926*00 1 I Services I Technical (Sanitarian) (3) I 64,273,00 1 I 1 Clerical (1) 1 12,493.00 1 1 I Temp/Seasonal (Sanitarian) (1) I 5,43940 1 I I Longevity I NA I I I FICA I 8103840 I I I TMRS { 11,241*00 I I I Worker's Comp. I 180.00 1 1 1 Health/Life Insurance - I. 5,44540 1 TOTAL PERSONAL SERVICES $137,405600 I I I i I Supplies I Office Supplies 1 $ 2,310.00 I I I Postage 1 2.310.00 I TOTAL SUPPLIES $ 40620,00 * Plus ;2.00/table Plus $5.00/cash register 0759g/l -g I nvirommntal Boalth Unit Projected Coats Page 2 I ACCOUNT I DESCRIPTION OF ( FUNDING I I TITLE I EXPENDITURES _ I NEEDS I I 1 r t I fervic-0-4 I Telephone I ss 10600.00 I I 1 Travel I 3,000.00 I I I Advertising 1 105.00 1 r I Dues/Publications 1 210.00 1 F 1 Schools/Seminars ( 1,050.00 I I I Rent of Bi►ildings I 15,500.00 1 I 3 vehicles i 120000000 1 I 1 Radio Equipment I 2,000.00 I I 1 UtilitY Costs 1 5, 544.00 ~I TOTAL SERVICES 8 41,009.00 I I I I I Fixed I Furniture and Fixturess I I I ~!leets I File Cabinets 11 5,775.00 I I I Desk and Chair I I I I Office Machines: I 1 I I Typewriter I 840.00 I I j jogtic Teetinu Equipment 1 600.00 I TOTAL FIXED ASSETS $ 7,215.00 TOTAL $IJ5= 66229.og In summary, expenditures for the first year of operation would exceed revenues by approximately ;129,000. The difference between the $83,292 assessed for the environmental contract with the County and the projected amount of $129,000 for our first year of operation would be approximately $46,000a 07699/1 -9- t bl .)z~zn SF ti~AaV,UN 4kiJu,.. =d ENVIRONMENTAL HEALTH DEPARTMENTS SURVEY CITY OF LEWISVILLE DEPARTMENT OF ENVIRONMENTAL HEALTH The City of Lewisville Department of Environmental Health is in charge of animal control, mosquito control, grass and weeds, stagnant water, and inspecting restaurants, grocery stores, day care centers, rent homes, and swimming pools. The department consists of one director, one secretary, three inspectors, and seven animal control officers. The approximate annual budget for this department is $350,000, "most" of which is for animal control. The department inspects roughly 80 restaurants, 71 pools, and 15 to 20 day care centers each month. They inspect grocery stores on a "by complaint" basis. The fee schedule is as followst 0 Restaurants - $30/year plus $2.50/employee. (The department would'like to double the annual fee to $60/year.) 0 Day care - same as restaurants 0 Temporary vendors - $5/day (The department would like to ask $25 for the first day and $5/day thereafter.) 0 Circus - $30/year 0 Pools - none, but the department would like to begin charging $100/year. CITY OF CARROLLTON DEPARTMENT OF ENVIRONMENTAL HEALTH The City of Carrollton Department of Environmental Health is responsible for animal control, mosquito control, noise and air monitoring, stream monitoring, weeds, illegal dumping, unsightly material, inoperative vehicles, hazacdous discharges, surveys of industrial sewage, trash and dumpster inspections, swimming pool inspections, and inspections of food handling in restaurants, grocery stores, day care centers, nursing homes, and temporary food handlers (circus vendors, etc.)4 Its department consists of one director, one secretary, three sanitarians, three health inspectors, seven animal control officers, and one seRsonal (summer) full-time person. The FY 185-166 operating budget was approximately $462,000, which included some capital expenditures. A more "normal" figure would be about $370,0000 with 604-70% of the budget allocated for animal control. 1582a/1 -10- v: Environmental Health Departments Survey Page 2 The annual fee for food handling (restaurants, day care centers, nursing homes, and temporary vendors) is $75 per year. At this-tiliap there it no too for swimming pool licensing. In April of 1986, the department inspected 148 restaurants, 48 swimming pools, 18 day care centers, one nursing home, and conducted 37 industrial sewage surveys. The animal control division handles approximately 1,400 complaints and 400 dogs and cats per month. Roughly 80% of these animals are euthan!zed. The division issues approximately 40 citations per month at $20 each. They charge an annual registration fee of $2 per animal, $20 to pick up an animal, and either $15 or $30 per day to store an animal, depending on its size. CITY OF THE COLONY DEPARTMENT OF ENVIRONMENTAL HEALTH This department was formed in February, 1986, is part of the Inspection Department, and currently consists of one employee. At this time, the department has no separate operating budget. The department inspects all food-handling establishments (restaurants, grocery stores, convenience stores, and day care centers). The a:.nual fees for these food-handling establish- ments is $70 to $75. At present, The Colony contains 23 food establishments and fide day care centers. All of these are inspected at least three times per year. 1582a/2 -11- 1 k GW 3{.•~^Y~a i s~{' :•'Yd.,e y'K'.3.^H, FTz a_ T.! n..._.' 1° 1 ..5. , i' DA •i 06/03'06 1 i9 Un gMCIL aMWLrOWAT TO: Mayor and Members of the City Council lR4M: Lloyd Harrell, City Manager SUBJRCT: PUBLIC HRAAING !OR HISTORIC ZONING CASB H-35 ~COMQNDAIION: The Historic Landmark Cosaaission recommended approval of H-35 by a vote of 9-0 at its meeting of March 10, 1986. The Planning and Zoning Commission recommended approval of H-35 by a vote of at its meting of April 23, 1986. fly: The property and house at 605 Bolivar Street is in one of the oldest areas of the City. It has been developed and occupied by prominent civic leaders for deoades. BACKGROUND: Thts house is presented for historic landmark designation due to its association with the Barrow family, civic leaders of the 1940's and 1950'e. pRQQUMS. DIPARTMI M OR (}RUES A!!'RCTiD: Not applicable. FISCAL IMPACT: 'there is no impact on the general fund. Respectfully submitted Lloyd rrell Prepared by: City Manager (~Q MIAs ~J1rG. Demme $p1 vey Urban Planner Appro Jeff Keysr G_. Director of Planning and Development 17768 4~`~~'' 4'r:': t~~ , f}_:"'e`:#~ • 1 T.' nFX"~., fv p: g_:: 'i•+ y, f *r"# "`,i%: rT`3',a; fP. y. . _y 4 PLANNING AND ZONING COMMISSION RECOMMODATION TO TOR CITY COUNCIL To: Denton City Council Case No.: H-35 Meeting Date: June 3, 1986 GENERAL INFORMATION Applicant: Mr. and Mrs. Ken Bradley 805 Bolivar Denton, Texas 76201 Status of Applicant: Owners Requested Action: Historical landmark (H) zoning designation Location and Size: 805 Bolivar Street (27,000 square loot lot) Existing Zoning: Single Family (SF-7) Existing Land Use: Single Family Residence Denton Development Guide: Area is designated as moderate intensity SPECIAL INFORMATION Article 28 A-1 of the City of Denton Zoning Ordinance defines a historic landmark as any building, structure, site, district, area of architectural, historical, archeological or cultural importance or value, which the City Council determines shall be protected, enhanced, and preserved in the interest of the culture, prosperity, education and general welfare of the people. section 28 A-2 of the above referenced ordinance declares as policy the following purposes of the historical preservation ordinance: 1. To protect, enhance, and perpetuate historic landmarks which represent or reflect distinctive and important elements of the City's and States architectural, archeological, cultural, social, economic, ethnic, and political history and to develop appropriate settings for such places. 2. To safeguard the City's historic and cultural heritage as embodied and reflected in such historic landmarks by appropriate regulations. 'n - 11..- ~,w anp~ce'• i,. w ..r .K;.: z (Case H-35 ) race Two SPECIAL INFORMATION (continued) 3. To stabilize and improve property values in such locations. 4. To foster civic pride in the beauty and accomplishments of the past. 5. To protect and enhance the City's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. 6. To strengthen the economy of the City. 7. To promote th4 use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. ANALYSIS The property and house located at 805 Bolivar Street are worthy of historic designation for several reasons. The property once belonged to one of the City's earliest law enforcement officers, Sherift Egan, who worked the property as a farm. The entire property stretched from Bolivar Street on the east to Carroll Boulevard on the west and to the creek on the north. Sheriff Egan later subdivided the property and created Anna Street, The Barrow House was built in 1940 by Mr. Clyde Carpenter, a prominent local builder who built many homes in Denton during this period. The architects and owners were Mr. and Mrs. David Barrow. Mr. Barrow was the owner of the local Chevrolet dealer- ship for many years and served several terms on the city Council and the School Board. He also contributed to the economic development of the City during his term as president of the Denton Chamber of Commerce. The house was a showplace of Denton in the 1940s and due to the installation of an upstairs dance floor/ballroom was the site of many weddings and parties. RECOMMENDATION The Historic Landmark Commission recommended approval of H-35 by a vote of 9-0 at its meeting of March 10, 1966 and felt that the property and structure met the following criteria for historical (H) zoning designation: (Case Has) Page Three RECOMMENDATION (continued) 1. Character, interest or value ;i raa't of the development, heritage or cultural characturi~,tics of the City of Denton, State of Texas, or the United States. 2. Identification as the work of an architect or master builder whose individual work has influenced the development of the City. 3. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic, or cultural motif. 4. Exemplification of the cultural economic, social, ethnic or historical heritage of the City, State, or United States. 5. Identification with a person or persons who significantly contributed to the culture and development of the City, State, or United States. 6. A building or structure that, because of its location, has become of value to a neighborhood, cor.~aunity area, or the city. 7. Value as an aspect of community sentiment or public pride. The Planning and Zoning Commission recommended approval of H-35 at its meeting of April 23, 1986. ALTERNATIVES 1. Approve petition 2. Deny petition ATT'ACHMENT'S 1. Location Map 2, Petition 3, Historical Summary 4. Minutes of Historic Landmark Commission meeting of March 100 1986 5. Reply Norm Total 6. Property Owner List 7. Minutes of Planning and Zoning Commission meeting of L April 23, 1966 16978 ter.., ~•rf- ~ was t 2 21 • Ir q i Nfitp 1 31 it ~ I 1 1 t I I 30 32 I I f N r 41 r II 2115 N S 40 10 IT 4 is ♦ >H 1s u 1 • j •r t ens t FEMlOq 24 a •1 i 1 s e 14 N j~ , -r1 y , 4 n _ ! m z 6 r f• 41 e I = ~i~ 4 Ir f a 4 = 3 + e I sj 34 t! r , 43 SS I:sa r~ is s II • t 6 t i2 I it I lZ • I • it 14 woopm 30 MR 39 is I to f• r~ N ; 19 I I p 1 z=.1 = IS +e • ~t 10 AM !I tl i I• N to it N N ' N It r,' ,ti fAN i• a 4j • ~ l i i 4 e t i 10 ~ i I i t ~ k_ 1 I 43! le 1s i ~ rl 10 a' y. , • 44 II a oo~• + n n~,0.., •.e. N ( q e ~ p e ijoil i • r~r~* r•r ANN ~ ~:L 1.4 4 rt m i Ia* t~ PETITION'FOR HISTORIC LANDMARK DESIGNATION TO THE HISTORIC LANDMARK COMMISSION, PLANNING & ZONING COMMISSION, AND CITY COUNCIL OF DENTON, TEXAB "o-'e, the undersigned, owner(s) of, or party(s) with financial interest in, all property herein described, do herby file this, my/our petition, asking that the said property be designated as a historic landmark under the provisions of G.-dinance #180-30 of the Code of Ordinances of the City of Denton, Texas. The said property is located atVo„ and is re particularly described 4s follows: ['tie wc, geory tiul.,nlal oTic sus trams s located on approximately one 01: land at tin corner of Bolivar, and Panhandle. 'I:., workman:+hip and materials' are exemplary of Clyde Carpetftlrs` ;iovat L ve Ideas. 'r. and ,Mrs. Barrow,the original owners, were outstanding citizens of. 'rttc-n contributing much to the citys development and cultural growth, '1,e Old Darrow [louse" is considered to he one of Dentons outstanding [,gad .arha. i/We herewith tender the filing fee of forty-five '(4S) dnllars. 1!!:e authorize the City of Denton to place a sign or signs on the above ,1r~~;~~ r t:v for public notification of the proposed historic designation. Name '4r. and "Irs, Ken Bradley M. Address 805 Bolivar City Denton State Texas Phone 382- l 103 Submitted thisday of t~Rhr„~r_ 198 r 1 rat` i BK 4l'z. T`Wr Y. fT i S. S~+ 'Y'F s i R93 '.Z B HISTORIC LANDMARX Zo City of Denton, SITF. ADDRESS: iJO 5 501! V ar C'Ut"t LOT & BUCK OR LEGAL DESCRIPTION: t PRESEff USE:~ktesitle~c~.` ZOI~INGt Sj e CONSTRUCTION/DESCRIPTION: Briok arid f axe CO ITiON:eXCe 11t; nt~~ EXTERIOR: ~NTERIOR: eXCellen (GOOD, ('AIR, POOR 'SH'NT OWNERS ADDRESS > r~~,hyrl Nradley 805 Bolivar R.~ I l", ;tU t LT : 194 DATES AND EXTENT OF ALTERATIONS/Ab0ITIONnone 1 .CHITECT: ORU;[NAL OWNER: UILD ARCHITECTURAL S~PER-1-01-7 LS 1 PTION OF ANY INNOVATIVE DC CN FEA DETAILS, MATERIALS OR CWTSMANSHIP: The house has an unusual NO& 1an~s' in that the den is upstairs an o uors own A. 11% U o ance s n . wash of steam heat wltiCti proves to be economical and very comfortable. !1ATIONAI. REGISTER? NATIONAL LA,VDHW? LOCAL SURVEYS OR RECdUa ^TII ;toN? This houee.,.T. es Rroeo n ions ? (better bi i l RUSTT"M ° 18 -ADD k)O (TIONAL :NTORXATION rO SUPPORT CLAIM IN CHECKED CATEGORY. IMP% The house at 805 Bolivar was built in 1940 by Mr. and Mrs. David Barrow. Mr. Barrow was an outstanding citisen in the Denton comunity. He aerved as city councilman and president of the Chamber of Commerce. Mr. Barrow owned the Chevrolet store in Denton Lor many years. The Barrow's bought the property the house is on and all the surrounding property. The land had belonged to Sheriff Egan and was referred to as "Egan Fare" 54"1 Us*' worked for Sheriff Egan for some time. The property extended from Bolivar to Carroll to the creek on the Uorth. He ]Ater'` subdivided the land and created Anna t'treet. The house was sold in 1975 when Mr. Barrow passed Gary Nipper bought the house and such of its fiirnis He "went bad" on the loan and the house was neglected texribly for many years. The Ken Bradley family bought the house in 1979. Ironically the "B" placed on the balcony in wrought iron in 1940 for Burrow now stands for Bradley. The house is referred to by the older neighbors as "the big house" N• ~s Rea, BrOJ6 SOS Bohr Denton, Tess 76201 The Bradley house on Bolivar is built on the site of the former Egan Farm, a working farm located in what is now downtown Denton. This land belonged to Denton County Sheriff Egan and was the site of the first perownent building ever built In Denton County. A summer house now stands at that exact location. History tells us that SMriff Egan was a personal friend of outlaw Sam Bass and sass often visited him u nde r the cover of darkness. He would tie his horse In the creek gust north of the property so his presence would go undetected. The property was purchased by Mr. and Mrs. David Barrow. Mr, Barrow was the local Chevrolet dealer for many years and also served several terms on both the City Council and School Board. He was also president of the, Denton Chamber of Commerce. It was In 1940 that the house was built by Clyde Carpenter, to the tune of $15,000. Many of Denton's young men worked as laborers on the house, only later to become leaders In the community; Mr. Tom Davis for one, The house Is two-story in design with 2850 square feet, The ! exterior was constructed with "buff" brick, and a slate the roof that has lasted 46 years and is still being used today. It has copper casement windows and a steam boller that heats the house with hot water radiators.A rentral air-conditioning system was later installed in the mid 501s. There Is hardwood throughout the house. Upstairs the floors are Maple and the walls Knotty Pine, The lower floor is Oak and there are two ceder closets in the house that were lined with cedar from trees grown on the property, The house was a Denton showplace in the early 40's and was the scene of many dances and parties, not to mention the site of many weddings of the 40's and 501s. The house was purchased in August, 1980 by the Ken Bradley Family and wont through a major restoration at that time, but care was taken to repair the original and to protect the esthetic Integrity of the home. It Is the focal point of the neighborhood and is referred to as "the big house on the corner". E . , Minutes Historic Landmark Commission March 10, 1986 The regular sleeting of the Historic Landmark Commission of the City of Denton, Texas was held on Monday, March 10, 1986, at 4:30 p.m., in the Civil Defense Room of the Municipal Building, Present: Randall S. Boyyd, Mike Cochran, Catherine Conrady, Gaylon Z. Pic key, Michael Lawrence, Bullitt Lowry, Samuel J. Marino, Sandra A. Matthews and Tom Polk Miller Absent: Robert Albrecht Present from Staff: Denise Spivey, Urban Planner; Audrey Bachman and Olivia Carson, secretaries Vice Chairman Tom Polk Miller called the meeting to order. I, PUBLIC HEARING H-35. Petition of Mr, and Mrs, Ken Bradley requesting Af r historic landmark designation at 80S Bol:.var Street. Mr. Cochran arrived at the meeting and took the Chair, Ken Bradley, petitioner, stated the Barrows sold the house in 1975, that they purchased it in 1979, in the meantime it was damaged by occupants and when purchased by then was rather dilapidated, The house contains 3600 square feet, is two stories, floors downstairs are maple and upstairs are oak. It was built by Clyde Carpenter in 1940 ss home for Dave Barrow, a leading citizen at that time, They have been con- stantly restoring the house and feel that has helped the entire neighborhood as young people are moving into that area of Bolivar from Congress to University, There is a lot of re- pairing going on and they feel their purchase and their home have given to idea of restoring the whole street. It is the largest home in that particular nei hborhood with construction and architecture not found !,n many homes today. It has a boiler system and they like the steam heat, lie added that because of size, location and heritage they feel home deserves recognition. Ms, Conrady arrived at the meeting, Chairman asked who the architect was and Mr, Bradley said he didn't know, that he had asked Frank Barrow, son of Dave Barrow, and was told thAt he didn't know but wouldn't be surprised if his father didn't design it. Mr, Miller commented that a lot of Clyde Carpenter's houses were designed by him and owner of the property. Mr. Pickey asked if Mr, Carpenter was a respected builder and Mr. Miller replied that he was a very substantial builder, that he did a lot of houses over a period of time. Mr. Bradley added that his information on the house is secondhand, that at the time of construction the house was a landmark, It was one of largest homes in Denton, it was on a piece of land by Itself, nothing else was built around it. He said the neighborhood itself didn't continue in that same type, most of the other houses are small, Mr. Lowry commented that he couldn't pick out anything that struck him as distinguishable architecture. Mr. Millar commented that he didn't feel there was anything particularly innovative about it. KILC Minutes March 10, 19#6 Page 2 Chairman stated that he would like to have a little bit of history on property. Mr. Bradley said he had been told Dave barrow was one of the wealthiest people in city, that he had a Chevrolet dealership and had served on city council at one time. Mrs. Bradley added that property was purchased from Sheriff Egan, that it was known as the Egan farm, She said that he subdivided the property and build the little houses on Anna Street, that he started Anne Street. Mr, Lawrence arrived at the meeting. Age of the house was discussed and Commission concurred that they were flexible on the usual SO year time frame. Chairman commented that they are only talking about four years and he feels it is a good thing to do for the neighborhood. No one spoke in opposition to request. Chair declared public hearing closed, Ms. Spivey stated that property is in a residential area that it is a low Intensity area according to Denton Devel- opment Guide, and designation would promote keeping it residential. Staff recommends approval, Chairman Cochran commented that this is second property considered on Bolivar and he thinks there is a lot of potential along there, Ms. Conrady said she thinks It is a good thing, Mr. Marino said the Barrows were party people, they were very much into ballroom dancing. Mr. Boyd suggested that petitioners do a more thorough history. Mr. Lowry suggested that before requesr. is taken to Planning and Zoning Commission, that petitioner submit a one page biography on Dave Barrow, one paragraph on Clyde Carpenter and one paragraph on justification. Mr. Bradley advised that a number of prominent men in town today had worked on that house as young men. He said he would talk to Mr. Frank Barrow again. Criteria were discussed: 1. Ch;Lracter, interest or value as past of the development, heritage or cultural characteristic of the City of Denton, State of Texas, or the United States. (approved - 9.0, unanimous) 1. Recognition as a recorded Texas historic landmark, a national landmark, or entered into the National Register of Historic Places, (not applicable - 9-0, unanimous) 3. Embodiment of distinguishing characteristics of an architectural type or specimen. (not applicable - 7-2, Mr. Boyd and Mr, Fickey voted no) 1. Identification as the work of an architect or master builder whose individual work has influenced the devel- opment of the city. (approved - 9-0, unanimous) it1.C Minutes March 10, 1986 Pale S S. Embodiment of elements of architectural design detail, materials or craftsmanship which represent a significant architectural innovation. (not applicable - 7-2, Mr. Boyd and Mr. Miller voted no) 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. (approved - 8-1, Ms. Conrady voted no) 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architec- tural style. (not applicable - 9-0, unanimous) 8. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. (not applicable - 9-0, unanimous) 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. (approved - 9-0, unanimous) 10. Location as the site of a significant historic event. (not applicable - 9-0, unanimous) 11. Identification with a person or persons who significantly contributed to the culture and development of the city, state or United States. (approved - 9-0, unanimous) 12. A building or structure that because of Its ocation has become of valu: to a neighborhood, community area or the city. (approved - 9-U, unanimous) 13. Value as an aspect of community sentiment or public pride. (approved - 9-0, unanimous) Mr. Boyd moved to recommend approval or H-3S based on the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 2. Identification as the work of an architect or caster builder whose individual work has influenced the development of the city. 3. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a pplan based on architectural, historic or cultural motif. 4. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. S. Identification with a person or persons who significantl contributed to the culture and development of the city, state or United States. 6. A building or structure that because of its location has become of value to a neighborh,od, community area or the city. 7. Value as an aspect of community sentiment or public pride. He added that request should not be forwarded to Planning and Zoning Commission for a public hearing until petitioner submits documentation. Seconded by Mr. Lowry, on roll call vote, motion carried unanimously (9.0). NONE PROPERTY OWNER REPLY FORMS CITY COUNCIL H-35 IN FAVOR IN OPPOSITION UNDECIDED Treavor Owen John Morrison 710 Bolivar 624 Headlee Denton, TX Denton, TX I i T r r /J • ~y7a~ 4M J/ Ili I'd 7G J pLT -O"pf 44 a. Mo 57 {`11 x~.ps yp;,: r` y V Oaloo 71 v t, ~O o 0, (YALI w6w W -All 'm AAAAUO { 6.V 109§A Age TO, . R ' ;t z t ~ S, o ~ Pas* C. W-~33. Petition of Mr. and Mrs. Ken Bradley renmestiag mistoric landmark (ii) designation at 405 Bolivar Street. The property is further described as all of lets 4 and f and part of lot 3, block 4, of the bacon Addition. Twenty-two notices were mailed to ppTepeRty owners within 200 feet; no reply Corns were received in favor, three reply forms were received is opposition. PBTITIONBI: Kea Bradley, 805 Bolivar Street, stated that • s ouse is built on the site of the former Egan Farm, a working fora located in what is now downtown Denton. He said that this land belonged to Denton County Sheriff Egan and was the site of the first permanent building ever built in Denton County. He said that a summer house now stands at that exact location. He said that history says that Sheriff Egan was a ersonal friend of outlaw San basso and that Bass often visited Egan. He said that the property was purchased by Mr. and Mrs. David Barrow, a local Chevrolet dealer, who served on the City Council and school board. He also was president of the Chamber of Como more*. He said that the existing house was built by Clyde Carpenter in 1940 and several prominent citizens helped with the house. He s&0 that the house is heated by a steam boiler and there is hardwood throughout the house of which some was from the property, He said that the house was once known to be i Denton showplace as a sits for wed- dials and parties. He b& W that it is a focal mint of the neighborhood and is referred to as "the big house on the corner". He 4aid that he was surprised that three people were in opposition. IN FAVOA: None present. OPPOSED: *4ne present. STAFF REPORT: As. Spivey stated that lot B, 703 Bolivar, s~' cirUTously approved landmark. Ms. Spivey stated that Article 28 A-1 of the City of Denton Zoning Ordinance de- fines a historic landmark as any building, structure, site, district, area of architectural, historical arrheolo ical or cultural importance or value, which the 41ty Counc l de- termines shall be protected, enhanced, and preserved in the interest of the culture, prosperity, education and general welfare of the people. She said that the Historic Landmark Commission recommended approval of H-3S by a vote of 9.0 at its meeting of March 10, 1984 and felt that the property and structure met seven of the criteria for historical (H) toning designation. Mr. Claiborne askei if the external facade had been left intact. Ms. Spivey said yes. Mr. Juren asked if the documents required by Historic Landmark Commision had boon satisfied. Ms. Spivey said yes and added that she beiieved that based on the reply of one person in opposition she felt the individual had been misinformed about historic designation. REBUTTAL: None offered. Chair declared public hearing clesed. DECISION: Mr. Claiborne moved to recommend approval of K-35. 3 conded by Mr. Jurea and unanimously carried NO. AN ORDINANCE DESIGNATING 805 hOLIVAR STREET IN THE CITY OF • DENTON, DENTON COUNTY, TEXAS AS A HISTORIC LANDMARK UNDER ARTICLE 28A OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $10000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFEC."IVE DATE. WHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark In the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the property located at 805 Bolivar, being more particularly described in Exhibit A attached hereto and incorporated herein by reference, is hereby designated as a historic landmark under Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION it. That said property herein described shall be indicated upon the zoning map of the City of Denton as a historic landmark by the letter 411, and the property herein described shall be subject to all of the terms, provisions and requirements of Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas and such designstation shall be in addition to any other use designation established in the City's zoning ordinance applicable to such property. SECTION III. 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 thereunder, shall be guilty of a misdemeanor punishable by a nine not exceeding One Thousand Dollars (;1,000.00), Each such person shall be deemed guilty of a separata 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 ho punished within the limits above. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1986. RAY STEPHENS,-WUW CITY OF DENTON, TEXAS ATTEST: CHAROTTE AL CITY 92CRETWRT CITY OF DENTON,MTEXAS APPROVED AS TO LEGAL FORMI DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: H-bS/PAGE 2 z UHXBYT A Field-Notes --H-3S All those certaJn lots, tracts or parcels of land situated in the City of Denton, State of Texas and being Lots 4 and S and thu south 13.7 feet of Lot 3, in Block 4, Bacon Addition, an addition to the City of Denton, 'T'exas, as shown by the Revised Plat of said Addition of record in Volume 1, page 6-1/2 Flat Records, Uentoh County, Texas, and more particularly described as follows: BEGINNING at the Southeast corner of said Block No. 4; THENCE North 153-7/10 feet with the East line of said block for corner in same; THENCE West 180 feet for corner; 'HENCE South 153-7/10 feet for corner in the South line of said Block No. 4; THENCE East 180 teet with said South line to the place of beginning. H-3S Mom NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDIA'G A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUMIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- meat, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section. 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials equipment, supplies, or services, shown in the "Bid Proposals r' attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT tric 620 t, Kibler :122 Love Envelope 304. W r. SECTION 11. That br the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into r T^-.S 'nj'~I F l r. +r i - r e.•; s nrv >k "•~ZR`n+,.., aa.g-fi formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated represeatative is hereby authorised to execute the written contract which shall be attached h•,ra;to; provided that the written contract is in accordance with the tsras, conditions, specifications standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with Cho approved bids or pursuant to a written contract made pursuant thereto as authorised herein. SECTION 'V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 10 day of June , 1986 CITY OF DF-14TON, TEXAS ATTEST: cM=TTE ALLEW CITY SECRETARY CITY OF DENTON,OTEXAS , APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRA,YOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: FA= M r, DATE: Jun* 10, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #9619 THREE PHASE DISTRIBUTION TRANSFORMERS RECOM E)MATION: we recommend this bid be awarded to two vendors as listed. One based on delivery, Van Tram, and one, Poleline, based on the lowest bid. 1. 3 pc 150 KVA Padmount Van Tram 9 $3,650.00 ea. $101.950.00 1. 5 pc 150 KVA Padmount Poleline 0 $2,949.00 ea. $14,746.00 2. 4 pc 300 KVA Padmount Van Tram B $6,519.00 ea, $22,075.00 2. 6 pc 300 KVA Padmount Poleline 9 $4,114.00 ea. $24,684.00 Total $729454.00 SUPWY: This purchase is for 3 phase distribution transformers for use by the Electric Distribution Department. The recommendation to purchase a portion of this requirement based on delivery schedule is to meet several construction project schedules to which we are committed. The bid evaluation is based upon delivery and total life cost. BACKGROUND: Tabulation Sheet P~ROGRAMS~ DEPARTWATS OR GROUPS. AFFECTED: Electric Distribution FISCAL IWACT: 1985/86 Budget Funds Account Number 611-008-0262-9222 Respectfully submitted: Lloyd . Harrell, City Manager Pre red by: Name: Tom D. Shaw, C.P,M. Title: Assistant Purchasing Agent Approved: hn J. Marshall, C.P.M. 7f )t: Purchasing Ayer:;: i I I I I , 1 1 I 1 I 1 j , ; BID I 9019 1 VAN IRAN I SAN ANOELU I FRIESTER 1 PRIESIER I POLELINE WfFLE I COHMINS I 6. E. ; AID TIM DI51RibOTION IAANS MER9 I ELECTRIC 1 ELECTRIC I SOFFLr 1 SUPPIY 1 ELECTRIC 1 SUPFU 1 5UPFL'I OPENED HAf nt 1986 2 F.M. i I SERVICE I ; ArCDUt~1I 1 i f 1 1 1 1~ I I -f-------------1-----------•--I-------------1------------- -------------1-------------I-------------1 I I Ofy ; ifEH DESLfiIPIiON I VENDOR i VENDOR I 46098 1 VENDER I VENDER 1 VENDOR VENDOR 1 VENDOR i ----I.r---°---I - I-----•-I I._. I , I__ I I ; I 1 I I I I 1 8 1156 KVA Ph 124,"'08 1 31651), Oki ; 118 I 31841.23 1 4,611.34 f 21949.x0 f 41161.(1) I 3,5&1,64 I 4,2b61~i6 1 ; I • I I I I I . I 1 I I I I 1 1 I Il' Ib0 fVA PH 124/148 ; 51319.UU ! NB 1 51142.21 1 51244.05 1 41I14.UD I 51126.06 i 41531,00 1 51369.40 i I I i i f i f ' ' 1 ;Model t Van Ilan I SESCO 1 RIE 1 McBraw ; ABC ; B.E. 1 Howard G.E. I 1 I f I I 1 I 1 , 1 1 IDeliyery i 90 Davs 1 1 133 Days 1 126 Days 126 Days , flh-156 Days f I0-91 Days i 1Y-21 Days I I I I I 1 I I 1 1 i i i i i 1 JI i . tt, 1 I I I 1 I I 1 I 1 I 1 1 I 1 HID 1 9619 floe 2i I DUSENBERR'Y i SOUTHNESI 1 WEBCO I ALAMO i 6SAYOAR 1EX6 NELSON 1 HID TITLE D13TRIEUfiOH fRANSFORMER9 I ELECTRIC 1 fRANSFORMER I ELECTklC 1 ELEC1 1 CAL I ELECTRIC 1 OPENED MA'i 24, {9a6 2 P,M, i ! I I 1 FRUDUCf5 I ACCGUNfii i I I i 1 1 i : I 1 1 1 , I I I I I I I I I , N I QTY i ITEM 0E5CRIPTIGN i VENDOR 1 VENDDR ! VENDOR 1 VENDOR 1 VENDOR { VENDOR i VENDOR I I 1------------- 1 - -I 1 ' I I 1 I I I 1 1 1 1 1 I I I 1 1 O 11151) KVA PH 120,208 i NO 1 Nb I 4,05x.00 i 4100,00 1 5,371.00 i 317;1.0;; : 41132,01) 1 i i i I i 1 I I 1 1 , I 1 , 2 10 :300 KVA PH 1201206 I N6 i N8 i 5,175,00 1 5,105,00 1 71077,00 i 4,670.04 5,009.0o i : I i i 1 I I 1 1 , I i :Model i i i hest i Alato I Sq. D, i Fay TrarICD i DoW2er i 1 I 1 . , i ]Delivery I I 1 18.20 Weeks 1 140 Days 1 112 bays : 09-90 Days I 10-12 i I i I 1 i , A_. F Ci DAV: June 10,1986 CITY COUNCIL REi'ORT TO: Mayor and Members of the City Council FPAN: Lloyd V. Harrell, City Manager SUBJECT: Bid # 9620 Office Operating Supplies RECONNENDATION: We recommend this bid be awarded to the bidder with tl;e highest percentage off of manufactures suggested retail price, The New Kibler, Inc. at 38% off. The estimated yearly amount spent would be $40,535.41. Y: This bid is for the purchase of standard operating office supplies from June 1986 thru May 1987, BACKGROUND_ Tabulation Sheet PRO(ZRANS, DEPARTNEXTS OR GROUPS AFFECTED: All Departments FISCAL IMPACT: As budgeted by Departments for Office Supplies. Respectfully submitted: Lloyd . Harrell City Manager Prepared by: Name: Denise Manning Title: C,Ayer Approved: . I I r { 1.1!X.) {C '-i(,'~) i fl Il!-: I•!F.'i4J Ul:a^i'i 1,1!'d i i) I f~i. , i? l.lt i E i C I: f]f f 'I 1_;fa IJF'i: f~F11' i:ldfii ~il1F'{'l_ ! ti,!a I I a k:?L.[ li LIFT IC.:l: F-11 .11 I{`It~lifii { 19 0 6 1 1 p 1 G! ! v 1: I I.J i:.i k 1. L {'i (11)l I :~I::a'IIJC l'i Jl:~ hll~l:!I'+' lE'.I~II ~ICii~ 1 ~ i { l'FS: I° c,.l'I I ill_I!' U'f' i 51 C, f:.ll.U7 { i z';~7%.i ~•'.1 ~ i I { { i i'ii'i' C:ofit:c`.LIc L.f'F f'eal. 'd f.a_l~ { I { .'~:7%: a"'114 i r r , I r i j { , { { 1 I I i L I DATE: June 10, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FRON: Lloyd V. Harrell, City Manager SUBJECT: Bid #9622 Envelopes REC011E1WIITION: We recommend this bid be awarded to the lowest bidder, Love Envelope, at $22,304.00. SMARY: This bid is for the purchase of envelopes, ordered in quanities of one hundred thousands. These quanties are estimated usage for 12 to 14 months. BACKGROUNO: Tahulation Sheet PROGRAMS, DEPARTMENTS OR 9RMPS AFFECTED: All Departments FISCAL IMPACT: As budgeted by Departments for Office Supplies. Respectfully submitted: Lloyd Harrell) City Manager Prepared by: Name: en se Manning Title: Buyer Approved: it, I r r BID 4 9622 1 CURI15 1 LOVE 1 ACCURATE i NORTN 1 FEDERAL i IEJNS ; BID TITLE fl,''LOPES i 1044 i ENVELM S i EkVELDFE i STAN PAPER 1 EMVELUFE ENVELOPE 1 OPENED MAY 29, 1916 2 p.m, 1 1 I 1 b SUPFLIES 1 CO, I MF6, CO, 1 At:Ci~UkTl 1 I i i i 1 1 I I , - ---1------------- 1- 4 OU 1 HEN DESCRIPTION 1 VENDOR I VENDA 1 VENDOR I VENDOR I VENDOR i VENDOR I bu M -----..-------i ------1------- Returr, Envelopes i Iv,25 1 7.96 I 12.55 1 NB I B.23 i 9,19 I 1 i I 1 1 2 1 60011 M ilitY W A Dw Envelopes 1 13,81 i v,50 i 15,94 I N6 1 9,81 i 101/7 I , I 1 ' ' ' 1 1 I I I > 1 400M Main I)v Envelope6 1 177,12 1 9,54 1 9A I NB i 9,28 ; 12.26 I ; ~ i r i 1 i I 4 1 40GM 1Fliin #10 Window 1 12.10 1 11,10 1 13,92 1 NB 1 10,90 ll,a4 1 1 IIn velopeii I 1 1 I ' ~ J 1 1 i I I I i 1 I 1 I i 1 1 1 ;Delivery 1 nz :As Aeouired 1 2-10 Days 1 14-5 wki2 day 1 14 Day i ' 1 I I I 1 I 1 1 I 1 i 1 1 ' ~e-r~'a ~ rv~ ~2 t 3 "z ~'"r ^ r-~~ :4~. ,=•r- ate, ,y , 3 K.r~^ ra-._ ~ ..,r//~~ao NO. AN ORDINANCE ACCE1"fI.YG COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR INPROVEM MPS; pROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN RFFECTIVE DATE. competitive bithe ds Tory hhas calicitod e construction rrf vpubi°c works ator improwments in accordance with the procedures of state law and City ordinances; and WHZRZASP the received and recommended Mthatethe herein or a designated employee has lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of he City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 10 That the following competitive bids for the construction of public works or improvements, as described in the "Hid Invita- tional', "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids.- BID NUMHER_ CONTRACTOR MOUNT _ _9GD9 Atkins Bros. EaulgUnt Co, S4459221.35 SECTION II. ' That the acceptance and approval of the above competitive bids shall not constitute a contract between the City sad the person submittia the bid for construction of such public works or improvements herein seenppted and approved until such person shall comply with all requirements specifie~ in the Notice to Bidders including the timely executiou of a written contract and furnishing of performance sad payment boads, after notification of the award of the bid. SE, CTIOON UL. That the City Manager is hereby authorised to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, pprovided that such contracts are media in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifyinii the terms, coaditions, plans and specifications, ataadards, quantities and specified sums contained therein. P ( . i SECTION IV. That upon acceptance and approval of the above competitive bids. and the execution of contracts for public works and improvements as authorised heriin, the r%ty Council hereby authorizes the expenditure of fl-lids in Ma canner and in the amount as specified in such a,}Traved bids and authorized contracts executed pursuant thereto. SECTION VO That this ordinance shall become effective immediately upon its pass&$* and approval. PASSED ARID APPROVED this the _JL, day of June 1986 KAMI CITY Of DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEARA ADAMI DRAYOVITCH, CITY ATTORNEY CITY Of DENTON, TEXAS BY., PAG9 T610 a.^:'.T ':F'{*in PATE: June 10, 1986 fITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 2WECT: BID #9609 STUART-PERSHING PAYING A DRAINAGE RECON EIIDATION: We. with the Engineering Department, recommend this bid be awarded to the lowest acceptable bidder, Atkins Bros. Equipment Co. of Grand Prairie, for item 18 at a total cost . of $445,227.3E, The low bid by Dickerson Construction Company was not acceptable as he inserted a qualifier that was prohibited in the specifications. SUMMAuy: Therefore, it did not include all the dollars required to complete the project. This bid was in conjunction with item 3 of Royal Acres Subdivision Section 7 Phase I. Mr. Ginnings will also be awarding this project item to Atkins Bros., which is the low bid on Item 3. This is also a participation bid in that Mr. Ginnings will be participating as part of Royal Acres streets and drainage. The exact amount to be determined by the size and number of linear feet of drainage and the square yards of asphalt pavement, linear feet of curb 5 guttering, etc. BACKSUM: Tabulation Sheet Memo from Jerry Clark PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Drainage b Paving Capital Improvements, Streets and Engineering, and Royal Acres Subdivision Section 7 Phase I. FISCAL I PACT: There is no additional impact on the General Fund. Respectfully submitted: Lloyd .Harrell City eager Pr ared by: Nave: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: John J. Marshall. C.P.M. t~ts.0 p tha iaa. BID I 51,09 1 3ESKE 1 ATH NS ! CALYEAf DICY.U364 1AACHIIECIUNE 81D LIU STUART-PEASHIN6 PAVIN6 ICONSTRU01011 I BROS, I PAVING 1CDN51kUCIION 1 UTILITIES, f 6 DRAINAGE 1 Co. i HU)PHENT f Co. CO. 1 INC. i OPENED MAY 6, 1986 2 P.M. i Co, i I 1 Af ;DUH I I 1 1 1 i I 1 -------------•------------------------i-------------1-------------1--------••---- I-------------i 4 I OTY 1 ITEM DESCRIPTION ! VENDOR VENDOk i VENDOR ~ VENDOR VENDOR ; - I -_---_--1 i----- ..---..•.i------^------l--.----------l------------- la i ;Asphalt Alternate with 1 1 432,788,35 1 435,106,75 1 3631987.40 1 568,062,20 1 I !Total Frojecl 1 1 i I 1 lb i !Asphalt Alternate with i 445,227.35 1 445,688.15 1 374,697.30 i 59'91101,10 i I lfotal Project plus Juno 1 ; I 1 ; IA1Leroate 1 i ! ! 1 1 i I 2a 1 iConcrele Alternate with 1 5561231,95 1 4791142.40 1 488,731,25 1 1 640,151.10 I !Total Project 1 ; I i 1 2b i !Concrete Alternate with ! 570,574.45 1 492,180.90 1 499,313.25 i 1 665,190,60 ; lfotal Project plus Juno 1 ; ; I i !Altenate 1 ; ! s 1 ikoyal Acres bid 1 144,406,65 1 169,394,60 i 156,95 L 25 ' 109,411,4; 1 1421922,15 ! i isection 7 Phase I ' 4 i ITotal Tow Did th f 3 ! 1 554,631,95 1 601,640,(10 i 484,374,15 i Ii~23,85 1 lb, 4 `I tog i f NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DBNTON, SUNBURST DEVELOPMENT, INC., AND MICHAEL J. WHITTEN TO PROVIDE FOR THE PAYMENT OF COST OF CONDEMNATION OF A STORMWATER DRAINAGE EASEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sunburst Development, Inc, is constructing an apartment project at 1030 Dallas Drive and, pursuant to City ordinance, is required to provide for and pay the cost of all off-site storuwater drainage easements and facilities necessary to serve its development; and WHEREAS, Sunburst Development, Inc has been unable to purchase at fair market value, story drainage easements necessary to provide for the off-site drainage facilities required to be model and WHEREAS, the condemnation of land for drainage improvements would be in the public interest and for a public purpose; and WHEREAS, the City of Denton wishes to retain the legal services of Michael J. Whitten, attorney at lax, to act on behalf of the City to acquire by condemnation the necessary drainage easements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor and City Secretary &-a hereby authorised and dire.ted to execute and attest, respectively, the agreement between the City of Denton, Sunburst Development, Inc. and Michael J. Whitten, providing for the payment of cost of ;ondeenation of land for a storm water drainage easement, in accordance with the terms and conditions of said agreement attached hereto. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1986. i KXY r MAYOW CITY OF PINTON, TEXAS ATTEST! CITY OF DENTON,.TEXAS APPROVED AS TO LEGAL F4ow: + DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY !I CITY OF DENTON, TEXAS ! EY: Q~. A- Yin E - } ,SI ~z r w - rim': OFFICE OF THE CITY ATTORNEY MEMORANDUM T0: Debra A. Drayovitch, City Attciney FROM: Joe D. Morris, Assistant City Attorney SUBJECT: Contract Between City, Sunburst Development, Inc. and Michael J. Whitten Providing for the Payment of Costs of Condemnation of Land for a Drainage Easement DATE: June 3, 1986 Sunburst Development, Inc., is in the process of completing its apartment project, Sunburst Place, located at 1030 Dallas Drive. In approving this development, the City required Sunburst to run an underground stormsewer pipe from its development across Dallas Drive and then southerly and parallel to Dallas Drive so as to connect in with the existing drainage ditch that runs from Dallas Drive to Duncan Street. Sunburst has installed the drainage line up to a point near the proposed discharge point. In order to reach the proposed dis- charge point, Sunburst will need to cross a tract of land owned by AA A1-Khafaji. Sunburst has been unable to purchase an ease- ment from Mr. A1-Khafaji for completing the drainage improve- ments. The easement needed consists of about 980 square feet. Mr. Al Khafaji has demanded $S0,000 for the easement, w;:ich is about S501.00 a square foot. In cordance with the City's ordinance, Sunburst has requested that the City condemn the tract so that it may complete the re- quired drainage improvements and complete its apartment project. Sunburst has agreed to pay for most of the cost associated with the condemnation. Sunburst has previously paid $24,000 to the City as its share of the cost to provide for future downstream drainage improvements in the area. Since the City would, at the time the future 'improvements are to be done, be required to obtain an easement, it is proposed that the City participate in the present acquis-tion costs, to be paid from the moneys paid by Sunburst to the City, in a maximum amount of $1.00 per square foot for the total area within the easement to be acquired, being a maximum amount of $980.00. Z r. Debra A. Drayovitch June 3, 1996 Page 2 Since Michael J. Whitten had initially handled negotiations on behalf of Sunburst in attempts to purchase the easement, it is proposed that he be retained to act on behalf of the City in the condemnation proceedings. His fees will be paid by Sunburst. Sunburst is presently negotiating with one other property owner for an easement over the existing channel. The parties appear to be close to an agreed price. The City has also agreed to pay up to $1.00 a square foot from the funds it received from Sunburst for that easement, since it will also be needed when the City begins construction of the drainage improvements in the area. Sunburst has agreed to pay any amount over $1.00 per square foot of the acquisition cost for that easement. I have prepared for your review an agreement providing for the payment of costs of condemnation and a resolution authorizing the condemnation. Approval of the agreement and resolution have been scheduled for the June 10th meeting of the City Council. Respectful!r submitted, J7 D. KORKLS JDM: js xc: Lloyd V. Harrell, City Manager Jerry Clark, City Engineer Roger Wilkinson, Right-of-Way Agent ~ ~ 14'ftfL THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY OF DENTON$ SUNBURST DEVELOPMENT, INC,, $ MICHAEL J. WRITTEN, PROVIDING FOR COUNTY OF DENTON I THE PAYMENT OF THE COST OF CONDEMNATION WHEREAS, Sunburst Development, Inc,, a Texas corporation with offices at 2505 Merrell Road, Dallas, Texas, has received approval from the City of Denton, Texas, S municipal corporation with offices at 215 East McKinney, Denton, Texas, to construct and develop an apartment project at 1030 Dallas Drive in the City of Denton, Texas;; and WHEREAS, pursuant to the City of Denton's Code of Ordinances, Sunburst Development, Inc. is required to provide for and pay the cost of all Off-site storawater drainage easements and facilities necessary to serve its development; and WHEREAS, Sunburst Development, Inc. has been unable to pur- chase at fair market value the storm drainage easements necessary to provide for the off-site drainage facilities required to i:e made; and WHEREAS, Sunburst Development, Inc. has requested, in accor- dance with the ordinances of the City of Denton, that the City use its power of eminent domain to obtain the off-site drains e easements so that the required drainage improvements may go completed; and WHEREAS, the condemnation of the land for off-site drainage improvements would be in the public interest and for a public purpose; and WHEREAS, the City of Denton wishes to retain the legal ser- vices of Michael J. Whitten, attorney at law, of the law firm of Whitten, Loveless, Kelsey, Gregory 8 Holt, with offices at 218 North Elm Street, Dentorj, Texas, to act on behalf of the City of Denton to acquire by condemnation the necessary drainage ease- ments, the costs thereof to be paid in accordance with th!.s agreement; now, therefore, WITNESSETH: This agreement made this day of 1986, by and between Sunburst Development, Inc. un urst the City of Denton. Texas, ("City"), and Michael J. Whitten ("Attorney"), `,n consideration of the mutual covenants and promises of each, agree as follows: 1. Attorney's Services. City agrees to retain the legal ser- vices oT Attorney to act on behalf of City to institute and pursue proceedings in eminent domain to acquire an off-site stormwater drainage easement to allow for the completion of required storm- water drainage improvements by Sunburst. The land to be acquired for the drainage easement is described in Exhibit "A" attached hereto and incorporated by reference. After approval of a resolution authorizing the condemnation of the easement by City, Attorney shall prepare all petitions, motions, notices, and other legal documents necessary to initiate and prosecute condemnation proceedings and shall schedule and attend all hearings to effect- uate the condemnation. Attorney shall make a title investigation of the property to be condemned to insure that all persons having an interest therein, either as owner, lessee, or lienholder, are made parties thereto and that, upon judgment of the court, an easement for the purposes herein described will be vested in the name of City unencumbered by the claim of any such person or persons, 2. Payment of Acquisition Cost b Sunburst. All fees of Attorney, ng fees an court costs, appra ser and witness fees, condemnation awards, recording fees, or other cost or fees resulting from the condemnation shall be paid by Sunburst, except as otherwise provided for herein. Attorney and Punburst agree that all costs for which Sunburst is obligated to pay Attorney under this agreement shall be directly billed by Attorney to Sunburst and City shall not be billed for such costs and shall have no obligation to pay, or to insure that Sunburst shall pay, such costs for which Sunburst is liable to Attorney. 3. Payment of Acquisition Cost b Cit City and Sunburst acknowle ge that sunburst as prev ous y~d to City Twenty-Four Thousand and No/100 Dollars (!24,000,00), as required by City's ordinance, for its share of the cost of providing for future down- stream drainage improvements. The City and Sunburst agree that City will pay from the Twenty-Four Thousand and No/100 Dollars ($24,000,00) previously contributed by Sunburst, in satisfaction of the award for the condemnation made either by the Special Comxissioners, or on appeal, by judgment of the court, a maximum amount of One Dollar ($1.00) per square foot of the total area of the easement condemned, being a maximum total amount of Nine Hundred and Eighty Dollars ($980.00)9 without ref to what proportion of the total amount of such award or judgment' is for compensation for damages to the land covered by the easement or is for compensation for damages co the remainder of the tract condemned, if any. PAGE 2 f 40 Payment of Commissioner's Award A eats. Should the total amount awarded y the pec a Co mm ss oners for the con- dem4ation be greater than an amount equal to One Dollar ($1.00) per square foot of the total square feet within the easement condemned, Sunburst shall pay to the City the difference in the amount the City is obligated to pay herein and the amount of the award made. Upon payment of said amount by Sunburst, City shall pay the total amount of said award, as provided by law, to obtain the lawful right to enter and make use of the property condemned, If by reason of the aijount of the award made, Sunburst is obligated to pay in satisfaction of the award any amount in excess of the One Dollar ($1.00) per square foot City is obligated to pay herein, Sunburst may request, in writing within ten days of said award, that City appeal the award made. Upon such request and the City's determination that the award was excessive, the City mays within its sole discretion, authorize an appeal of the award. If, after Sunburst requests such appeals City appeals the award made, Sunburst shall pay all cost of such appeal. Upon final judgment of such appeal, City and Sunburst shall share in the satisfaction of such judgment as is provided for in the satisfaction of the award made by the Special Commissioners provided for herein, if City should appeal such award in the absence of such request by Sunburst, Sunburst shall not be liable to City or Attorney for the cost of such appeal or the amount of any judgment resulting from the appeal, and shall not be entitled to any reimbursement should City obtain a judgment which is less than the amount awarded by the Special Commissioners, S. Completion of Drainage Improvements. City agrees that u on approval o this agreement by a parties, City shall, upon the request of Sunburst, inspect the buildings of Sunburst within its apartment project as each is completed and, if in compliance with City's ordinance, issue certificates of occupancy for each; provided however, that Sunburst and City agree that no certifi- cate of occupancy shall be issued for building number eight of Sunburst's apartment project until all off-site drainage improve- ments required to be made by Sunburst are completed to the satis- faction of City, after all necessary off-site drainage easements to complete the drainage improvements required to be made by Sunburst have been acquired in the name of City, whether provided for in this agreement or otherwise, Sunburst agrees that it will complete all off-site drainage improvements, to the satisfaction cf City, within thirty calendar days of the date City acquires the legal right to enter and made use of the land to be acquired under this agreement by condemnation, PAGE 3 6. Hold Harmless. Sunburst agrees that the acquisition of land provided or n this agreement is for the sole purpose of allowing Sunburst to complete necessary off-site drainage im- provements as required by City's ordinance to handle stormwater drainage from its development project. Sunburst agrees to hold the City harmless from, and shall indemnify City for, any claim, loss or damage arising or resulting from any act of Sunburst, it agents, employees, contractors, or representatives, in construct- ing said improvements. Sunburst further agrees that it shall not not make any claim against City, or hold City liable, for any loss or damage suffered or incurred by Sunburst as a result of any interruption or delay in condemning or acquiring any property necessary for Sunburst to complete any required off-site storm drainage improvements resulting from any legal challenge to the ri ht of City to condemn the land specified in this agreement, de ays resulting from Attorney's performance or nonperformance of this agreement, or any other delay which results from any cause not within the reasonable control of City. 7. Entire Agreement. This instrument contains the entire agreement between R parties, and no statement, promise, or Inducements made by any party or agent of any party that is not contained in this written contract shall be valid or binding; and this agreement may not be enlarged, modified, or altered except in writing signed by all the parties and endorsed hereon. 8. Venue. Any action at law, suit in equity or judicial proceedi'ng`- For the enforcement of this contract or any provision thereof shall be instituted only in the courts of Denton County, Texas. 9. _A_s_siign_me_n_t_, it is agreed by the parties that there will be no ass gi nment of this agreement without the written consent of all other parties. EXECUTED on the date first above written. CITY OF DENTON, TEXAS SUNBURST DEVELOPMENT. INC. PAGE 4 MICHAEL J. WHITTEN ATTEST: I cHARCoTTE ALLEN, CITY i 7 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE S EXHIBIT "A" FIELD NOTE DESCRIPTION DRAINAGE EASEMENT BEING a tract of land situated in the S.C. Hirams Survey, Abstract No. 616, City of Denton, Denton County Texas, bein veyed by deed as recorded in Volume 797, Papep793,o0eedf.lords ofnbenton- County, Texas and being more particularly described as follows (with bear- ings referenced to the plat of Sunburst Place Two as recorded in Cabinet E. Page 245 of the Denton County Plat Records); BEGINNING at a 1/2 inch iron rod found for the southwest corner of a tract of land conveyed by deed to Charles Co Bounds as recorded in Volume I117, Page 3710 Deed Records of Denton Countyy, Texas, said iron rod befog In the east line of a tract of land conveyed by deed to Andrew Novodoms;ky as recorded in Volume 1123, Page 8310 Deed Records of Denton County, Texas; THENCE South 830 00' 31" East, departing said east line, and along a south line of said Bounds tract, a distance of 50.00 feet to a point for corner; THENCE South 42. 43' 29" West, departing said south line, a distance of 40.03 feet to a point in the northeast right-of-way line of Dallas Drive (variable width). THENCE North 47. 16' 31" west, along said northeast right-of-way line, a distance of 30.94 feet to a point for corner, said point being in the east line of the aforementioned Novodoms:ky tract; THENCE North 01' 01' 09" East, departing said northeast right-of-way line and along said east line, a distance of 14.50 feet to the POINT OF BEGIN- NING and containing 0.0225 acres or 980 square feet of land. i AEI AL-KHAFAJI "TRACT B" I ~+u• j i NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES BY DELETING BONNIE BRAE STREET AS A j DESIGNATED TRUCK ROUTE; PROVIDING FOR A PENALTY IN THE MAXIMUM i • AMOUNT OF $200,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i j THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, 1 That Section 24-67 (e) of Chapter 24 of the Cade of Ordinances of the City of Denton Texas, is hereby amended by deleting therefrom subparagraph (4~ which read as follows: (4) Donnie Brae from U. S. Highway 77 to Santa Fe Rail- road crossing, so that hereafter said portion of said street shall no longer be a designated truck route. SECTION 11. That Section 24-67 (e) (4) shall be reserved for future use. SECTION 111. That any person violating any of the provisions of this ordinance ohall, upon conviction, be fined a sum not exceeding Two Hundred Dollars ($200.00); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity. SECTION IV. 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 nes.,.aper of the City of Denton, Texas, within ten (10) days of the date of its passage. i PASSED AND APPROVED this the day of 1986. r AXY STE NSO MAYOR CITY OF DENTON, TEXAS ATTEST: i s CITY OF DENTON* TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~klld 4]_ nng f 0 NCB Crry Of DAWMo 7EKAS't MUNICIPAL BUILDING / 215 E, MoKINNEY ST, l DENTON, TEXAS 7001 MEMORANDUM DATE: March 25, 1986 TO: Traffic Safety Commission FROM: Jerry Clark, City Engineer SUBJECT: Remove Bonnie Brae from Truck Route Ordinance ' Bonnie Braehas experienced heavy damage from concrete trucks that use it daily to get across town. None of its pavement was designed for the weight that these trucks continuously put on it. Lake Cities Concrete company basically uses Bonnie Brae to access the rest of Denton due to its location off I35W and Airport Road. The City of Denton has already had to repair Bonnie Brae between Oak and Scripture after only 6 years. The design life of the road should be 20 years. Therefore, the trucks have cut the life of the street by two thirds. The Cityy of Denton feels 135, Highway 380 and the other truck routes in the area provide enough access. The trucks should be forced to use streets that have pavements capable of standing the loads they impose, Co*. Je y 1 rk, P.E. Ci E near t00382E 81716064M D/FW METRO 434-2520 MINUTES April 7, 1986 PRESENT: Gilbert Berstein, Chairman - Doris Chipman Gene Gohlke, Dan !Martin, John Tompkins, Wayne lutrey, Virginia Gallian, Bruce Lhamberlain ABSENT Vivian•Edwards , The meeting was called to order by Gilbert Berst*in at 5:30 p.m., on Monday April 7, 1986. Wayne Autrey made a motion to approve the minutes of March 3, 1986 and 'Dan Martin seconded the motion, Motion passed unanimously, ITEM #2 CONSIDER CREATING ONE-WAY SERVICE ROADS ON I-35 FROM HIGHWAY Joe Thompson, Traffic Foreman, presented viewgrespl,s showing the traffic flow. He reported in 1983 there was 41 accidents, 1984 - 34 accidents and since the beginning of 1986, 22 accidents. Gilbert Berstein asked if anyone was present to speak in favor or against the proposal. Hunter Warrell, residing at 2125 Greenway Drive, came forward to speak in opposition of the request. He said it was .3 miles to 380 from nis home if changed it would be 1.8 miles longer, Mr. Worrell asked if a curb cut could be made at one of the south streets, such as Greenway Drive, to get to 38U. In that event he would have no objection. Pete Hale, owner of the Shell service station at Mesa and 380 came forward to speak in opposition. He said Mesa Drive was already overloaded. If the service road were made one way, it would direct more t raf f i c up Mesa Drive. Eighteen wheelers often block Highway 380 and traffic flows up the service road, Dave Bligh came forward to speak in opposition of the request. He said if the lights were synchronizeif, it would solve the problem. Presently, he was only 3 blocks from the hospital if changed he would be 2-3 miles from it. Dan Martin asked how many residents lived in the area. Mr. Bligh said 40-50 houses, some townhouses plus a new development to the east. paje 2 of g pages Roy Metzler owner of Metzler's Grocery, at the corner of ISS and 380 said it would cost a lot of money to advertise a new route to the hospital. Being next to the Shell Station, his customers have to go out 30 feet to go up 380, If they hit a red light, it would be a long wait. Gravel trucks and eighteen wheelers, would cause a greater stack up. Roy Metzler said McKinney had a similar situation at 380 and 75. 't'hey have double stop signs. 61`lbert Berstein said he believed those were one way service roads which now are signalized. John Miller, District Engineer, from Dallas District McKinney intersection was similar to 15/380 intersection. The frontage roads in McKinney were two way for a long while. There was flashing lights but the difference was you stopped at both intersections. The distance from the intersection in McKinney was further than 13S/380, McKinney finally after a long period of time, decided to change the frontage roads to one way, At that time, the state started plans to signalize that intersection and a diamond intersection further south of 7S. The change over caused no major problem. McKinney seemed to be happy with the signalization, John Miller said the Highway Department wanted one way frontage roads for many years and it has been a policy of the district not to signalize a diamond intersection on road access as long as there are two way frontage roads going one direction out of the intersection and one way frontage roads going anotner direction which is the situation. He said, the Highway Department had told the City of Denton a number of years ago as soon as that section of the frontage road was one way they would initiate actions to cause full signalization to go in at that location, It was his understanding the frontage road in that section would be going one way. The question was when, The City Council already passed the resolution stating the frontage road would change to one way, The latest date would be when the bridge was built over 13S in conjunction witn the second phase of Loop 288 construction which is estimated to be roughly 4 years off. That section of frontage road would have to change to one way. The intent was to try and change the frontage road before that time and to gget fully accuated signals, Mr. Miller said inquiries had been received from the Governor's office concerning the intersection. Citizens of Denton had written the Governor's office in Austin complaining and asking why there wasn't signals at page 3 of 4 pages the intersection. The Highway Department had to do a history sumation on the intersection in response to the Governor's request. That was what brought it up again about six months ago. It has been the Highway Department's intent that one way frontage roads are safer on any controlled access facility. Accident statics rave that. Mr. Miller said they would like to in mate plans for signalization at the intersection as soon as possible but couldn't do so until •somd, commitment from the City was made to change the frontage road to one way, Mayne Autrey asked if 135 was going to be widened and was the overpass at 380 going to be widened. If so, would that affect the signalization that was put in. Mr. Miller srid at the time signalization was put in, they would look at future plans and try to put signalization in that could be reajusted or they would locate things so it wouldn't affect it later. John Tompkins asked how far north the loop over 135 would be. Mr. Miller said the bridge would be closer to 13S and 77 intersection. Gilbert Berstein asked the staff how the accident rate compared with other areas in the City. Joe Thompson said it was in the medium range. Dan Martin asked Mr. Miller why the State wouldn't go ahead and signalize the intersecton. Mr. Miller said the State wouldn't consider the additional money to signalize the intersection with two way frontage roads knowing just a few years down the road it would be going to one way frontage roads. Mr. Miller said there was one other option, to ahead and make both sides all way stop at both intersections in an attempt to cut down accidents. This would cause stack up and delay. STAFF RECOMMENDED: Approval CUMMISSIUNEkS: Gene Golke made a motion to accept the City Staff recommendation, Doris Chipman seconded the motion. A roll call vote was taken. Doris Chipman, yes - Gene Golke, yes - Wayne Autrey, yes - Virginia Gallian, yes - Gilbert Berstein, yes - John Tompkins, no - Dan martin, no - Bruce Chamberlain, no. Motion passed to approve the change to one way service road. ITEM 03 CONSIDER TRAFFIC STUDY TO ELIMINATE MCKINNEY AT CARROLL`TKKM This item was postponed due to the traffic study not coming in. page 4 of 4 pages ITEM 04 REMOVE BONNIE BRAE EAOM TRUCK ROUTE OR INANCE Joe Thompson said the staff recommended Donnie Brae be removed from the truck route because it has deteriorated within a six year period, its life expectancy was 20 years. Virginia, Gallian asked what the route would be. Mr. Thompsonn said the staff proposed the 380 exchange, Highway 77 or I3S. New developments would have to use City streets to get into their developments but it will not be a regular earth for large numbers of trucks. Wayne Autrey asked what most of the truck traffic was. Mr. Thompson said it was mostly the cement plant. STAFF RECOMMENDS: Approval COMMISSIONERS: Bruce Chamberlain made a notion to accept the staff recommendation. Virginia Gallian seconded the motion. All voted yes with the exception of Gene Gohlke who voted no. The motion passed. ITEM N5 NEW BUSINESS Wayne Autrey said no missed the meeting where I3S and Et. Worth Drive was noted as being the worst intersection in Denton. He said at one time when you traveled south on Ft. Worth Drive and approached the intersection you got a green light and &-green arrow to turn left. Currently, if you approach the intersection and you have the green light, you have to stop and wait on the north bound traffic on Ft. Worth 1? rive then the arrow turns and gives you a few seconds to get through the intersection. There has been more traffic going south during the peak hours. Mr. Autrey felt the intersection would move more traffic if south bound traffic got thef turn signal first. Joe Thompson said he would study the situation and brie back a report to the commissioners at the next meeting. 00380E Meeting adjourned at 6:39 p.m. DATES June 3, 1986 CITY COUNCIL REPORT FORMAT TO: Mayo and Members of the City Council FROF,: Lloyd Harrell, City Manager SUHJECTi Z-1806 Ordinance RECOWL'NDAT ION : The City Council held a public hearing and recommended that an ordinance be prepared. SUMMARY: This is a request for a change in zoning from the agricultural (A) district to single family (SF-7) land use on a 62.474 acre tract located at the southwest corner of Hickory Creek Road and FM 2181 (Teasley Lane). The request was initiated by the Planning and Development staff. $ACKGROUNDi This is the site of an approved preliminary plat for Dunton Manor Estates, a 257 lot SF-7 subdivision. This proposed development was one of the early plans that led to the City annexing almost 600 acres for land use control along the Hickory Creek Road corridor. PROGRAMSp DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACTS Undetermined Respectfully submitted: Lloyd V rell~ City Manager Prepared byi //JJ Cecile arson a Urban Planner App?i ve e e Director of Planning and Development P'V NO, AN ORDINANCE AMENDING THE ZONING MAP 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 NO, 69.1, AND AS SAID MAP APPLIES TO APPROXIMATELY 62,474 ACRES OF LAND SITUATED IN THE VENTER SURVEY, ABSTRACT NO. 1515, DENTON COUNTY, TEXAS, BEING LOCATED AT THE SOUTHWEST CORNER OF HICKORY CREEK ROAD AND P.M. 2181, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE-FAMILY "SP-7" 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 DATE. THE COUNCIL OP THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION i, That the Zoning Classification and Use dellnation applicable to all or part of the property described in Exhibit "A" attached hereto and incorporated by reference herein, is hereby chanted from Agricultural "A" District Classification and Use to Single- Fasily "SF-7" District Classification and Use under the Compre- hensive Zoning Ordinance of the City of Denton, Texas. SECTION II. That 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 is hereby amended to show such change in District Classification and Use. SECTION III. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a tomprehenalve plan for the purpose of Dromoting 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. SECTION IV, 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 thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). Bach 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 convictiot of any such violations such person shall be punished within the limits above. SECTION V. That if any section, subsoction, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any 2-1806/BOB CARAWAY/PAGE I 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 VI, That this ordinance shall became effective fourteen (11) days from the date of Its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1086. RAY STUIMUNS, MAYOR CITY OF DBNTON, TEXAS ATTEST: r CHARLOTTE ALLEN CITY SEEREMY CITY OF DENTON,oTEXAS APPROVED AS TO LEGAL PORMr 1 DEBRA ADAMI DRAYOVITCH CITY ATTORNEY CITY OF DENTON, TEXAS BY., ..y~., 4 f S 2-1806/808 CAB,AMAY/PAGE 2 ' k - y~ ~ v I5i at i:... ♦ '4 '¢~i p..^ s f. j.2 .l h.e s csy .i avt _ _ _ June 10, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Electric Rate Ordinance Reducing Electric Energy Cost Adjustment Rate. RECOMMENDATION The Public Utilities Board, at their meeting of June 10, 1986, will be reviewing this item reducing the summer and winter Energy Cost Adjustment (ECA) rate from 2.25J per KWH to 2.150 per KWH which will reduce electric costs to Denton customers by $2360000 and reduce average 2000 KWH/mo residential summer bills by 1.6 percent. This reduction is in addition to a previous .5e/KWH or 6% reduction which went into effect May 1, 1986. SUMMARY Due to a decrease in TMPA's mining costs from 1.448e/KWH to 1.252E/KWH9 the average cost of the fuel to produce electricity is estimated to reduce from previous estimates of 2.0850/KWH to 1.985¢ per KWH. Therefore, the Staff is recommending that the energy cost adjustment rate be reduced by 0.1 cent per KWH from 2.2Se per KWH to 2.1SJ per KWH. The lower rate is proposed to become effective on bills rendered after July 1, 1986. BACKGROUND During the first nine months of fiscal 1985-86, there were 453 million KWH estimated billed to our customers. The Energy Cost Adjustment for this period had been 2.25¢ per KWH. It is estimated that 236 million KWH will be billed to our customers during the remaining months of fiscal 85-86. 4337U:1 s` PROGRAMS, DBPARTMEHTS OR GROUPS AFFECTED Denton Municipal utilities and customers FISCAL IMPACT Reduce ECA by 0.1 cents per KWH on 236 million KWH from July through September which will reduce revenues by an additional $2360000. With the reduction already given in May total retail customer costs will be red0ced more than $2,600,000 for the fiscal year. Prepared by: Respectfully submitted: oy r y nage~~..__ Char es Cryan Budget/Rate Adm. Approv d by- R. U~ Nelson Director of Utilities----- EXHIBIT i- Ordinance II - Minutes PUB Meeting of 4/22/86 III - Proposed Schedule ECA 43370:2 1413L NO, AN ORDINANCE AMENDING "SCHEDULE ECA" OF THE SCHEDULE OF RATES ' FOR ELECTRICAL SERVICE, TO PROVIDE FOR A RIDUCID ENERGY COST ADJUSTMENT RATE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the Schedule of Rates for Electrical Service adopted by j Ordinance 86-240, on May 6, 1986, as amended, is hereby further amended by adopting the revised "Schedule ECA" attached hereto. j SECTION 11. 1 That the revised "Schedule ECA" shall be attached to Ordinance No. 86-240, showing the amendment herein made. SECTION 111. 'that this ordinance shall become effective on June 10, 19860 and the revised "Schedule ECA" shall be applied to, and charged on all bills issued on or after July 1, 1986. I PASSED AND APPROVED this the day of 1986. RAY ITEPHENS, MAYOR CITY OF DENTON$ TEXAS ATTEST: I CHARLOTTE AUINt CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON* TEXAS BY: tns ii i SCHEDULE HCA ENERGY COST ADJUSTMENT ENERGY COST ADJUSTMENT All monthly XWH charges shall be increased or decreased by an amount equal to "X" cents per KWH, to be known as the energy cost adjustment (ECA). The ECA shall be computed in the months of April and October to be applied to the following periods of May through October and November through April respectively. The City shall in no case change the energy cost adjustment more than twice in either of the six (6) month periods. The ECA shall be calculated by the following formula: ECA (Winter) • Projected energy cost for winter months >sro ecte sales or wester months ECA (Summer) ■ Projected energy cost for summer months ro ecte sales or summer moat s The above formula results in Winter 1985/86 and Summer 1986 ECAs as follows: ECA (Winter) ■ 2.15 ECA (Summer) • 2.15 In the event that actual cumulative costs of fuel, variable costs of Texas Municipal Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) is greater than or less than the cumulative ECA revenues by $19000,000 during the fiscal year, the City may tecompute the Energy Cost Adjustment and re-establish an ECA that collects or returns such difference over the remaining months of the fiscal year. Such change in ECA shall be applied evenly to all remaining months' ECA. i 3. CONSIDER UTILITY DEPARTMENT FIVE YEAR CAPITAL IMPROVEMENTS PLAN F5K r1bUAL YEARS 1987-1991. # Nelson covered the information covered in the plan. Chairman Lane yy and Nancy Boyd asked what the effects would be if Commanche Peak did not come on line. Nelson explained the probable impacts. The Board discussed the implications and ramifications of Denton's continued involvement in Commanche Peak. Charles Cryan stated that a 20 million dollar bond issue will be needed by 1988. Coomes asked what APPA research considered the national average price per KwH in public and private power systems, and how Denton compares. Nelson stated that he would provide that information at a subsequent meeting. Coomes asked about the status of "capital recovery fees." Nelson explained that research is continuing in that area and that a proposed fee amount was suggested with 2/3 dedicated to capital recovery. The Board discussed the Lewisville Hydroelectric Project, the Courthouse Square Underground Renovation Project, and the Municipal Laboratory Expansion Project. Boyd proposed that the Lewisville Hydroelectric Project be taken off the Capital Improvements Plan. Some discussion followed; no action taken. . Thompson motioned to approve the Capital Improvement Plan for presentation to the Planning and Zoning Commission. Second by Boyd. All ayes, no nays, motion carried unanimously. 2. CUNSIDER ELECTRIC RATE ORDINANCE REDUCING ELECTRIC ENERGY Coomes motion to approve the subject ordinance. Second by all other members of the Board. All ayes, no nays, motion carried unanimously. Next Meeting scheduled for May 21, 1986 at 5:00 p.m. 01S7n:6 T, errs r.c, r:r .-:,_r J _ Syr (,(yw~•~:ws~s'' '.s June 10. 198b CITY COUNCIL AGENDA ITEM Tu: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM; Lloyd Harrell, City Manager SUBJECT Consider Ordinance Approving Participation in Sportsmen's Club, Sierra Club, and Environmental Defense Fund. V4 Environmental Protection Agency Litigation. RECOMMENDATION The Public Utilities Board, at their meeting of June 109 1986, will review this item. SUMMARY/BACKGROUND On January 10, 1986, the Sportsmen's Club of Texas, the Sierra Club, and Environmental Defense Fund, Inc. filed suit against the EPA alleging that the 1984 Texas Water (duality Standards promulgated by the Texas Water Commission and approved by the EPA are not adequate to satisfy the requirements of the Federal Clean Water Act. The plaintiffs seek a declaratory judgment that the 1984 Water Quality Standards are invalid, and injunctive relief compelling the EPA to promulgate more stringent water quality standards for Texas. If the plaintiff; are successful, it is anticipated that substantial and costly improvements may be required to be made to municipal wastewater systems and possibly storm water systems throughout the State. A copy of the complaint is attached as Exhibit I. The above lawsuit was brought to the attention of the TML Board at its April, 1986 meeting, at which time the Bo.-.rd directed the TML staff to meet with interested TML municipalities and return to the TML Board with an appropriate recommendation at the June, 1986 Board meeting. A number of parties have filed motions to intervene in this case, and the Court has not ruled on any of the motions. On April 21, 1986, the Court, on its own motion, issued an order, attached as Exhibit II, that all motions to intervene must be filed by no later than May 30, 1986 (prior to the June TML Board Meeting). 43370:6 77r TILL Litigation Page 2 On May 161 19861, the TML legal staff held a meeting regarding this lawsuit with interested representatives of Houston, Greenville, Fort Worth, Denton, Laredo El Paso, Hrownwood, Dallas, Irving, and San Antonio. Most of the representatives in attendance were strongly in favor of TML intervention in this litigation for the following reasons: 1. Financial Impact, If the plaintiffs are success- fUl more stringent water quality standards are promulgated for enforcement by the Texas Water Commission, expensive improvements will very likely be required to be made to municipal waste- water treatment systems throughout the state. 2. Adequate Representation. The parties to the suit are THE Sierra UIUD, the Sportsmen's Clubs of Texas, the Environmental Defense Fund, and the Environmental Protection Agency. Other entities which have applied for motions to intervene are: The Texas Water Conservation Association, the Texas Utilities Generating Company, the Associa- tion of Metropolitan Sewerage Agencies, the Texas Chemical Council, West Texas Utilities, Central Power $ Light Co. , Houston Power $ Light Co. , and the City of Dallas. Few of these parties or in- tervenors can be expected to address all of the issues in this lawsuit in a manner that would best represent the interests of Texas cities. In the event that the parties decide at some point to enter into settlement discussions, it would be important that Denton and other Texas cities have a representative at the bargaining table who would seek an advantageous settlement for cities, if cities, and their associated utilities, are not represented at such discussions, it is possible that a settlement could be reached that would be advantageosis to all parties and intervenors, but would be detrimental to cities. Any such settle- ment should achieve a balance between environmental and economic concerns. It is imprudent to suppose that such a result could be achieved without the adequate representation of municipalities in the settlement negotiations. With the consensus of those in attendance at the May 160 1986 meeting, the law firm of Lloyd, Gosselink, Ryan $ Fowler, Y.C. was approved to represent the TML Litigation Page 3 interests of Texas cities through TML. This firm has represented a number of TML member cities in water and environmental related matters, and is highly recommended by its municipal clients. It is also recommended that the funding for this liti- 9 tion be obtained through a voluntary assessment from L member cities. Cities with a decided interest in the outcome of this lawsuit are encouraged to contri- bute. Due to the nature and complexity of this litigation, it is proposed that a litigation fund of $2000000 be raised. It is hoped that raising such an amount will not be difficult, and that thm burden of such funding will be shared by a number of TML cities in an equitable manner. The Utilities staff recommends to the Public Utilities Hoard approval of Denton Municipal Utilities partici- pation n the proposed "litigation fund" in an amount not to exceed $10,000. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton and utility customers FISCAL IMPACT $10,UOU contribution to TML litigation fund Source of Funds: 610-008-0250-8205 Prepared by: Respectfully submitted: Robert son oy re71r- Director of Utilities City anager Approved by: EXHIBIT I - Civil Action #3-86-0121 R (Complaint) II - Court Order setting a deadline for motions to intervene III - Ordinance 4339U:8 i t E NO, AN ORDINANCE APPROVING THE PAYMENT OF AN AMOUNT NOT TO EXCEED $10,000 TO THE TEXAS MUNICIPAL LEAGUE TO PAY THE COST OF INTERVENING IN LITIGATION RELATING TO TEXAS WATER QUALITY • STANDARDS; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, on January 10, 1986, the Sportmen's Clubs of Texas, ! the Sierra Club, and the Environmental Defense Fund, Inc., as ! Plaintiffs, filed a lawsuit in U. S. District Court against the U. S. Environmental Protection Agency ("EPA.") alleging that the 1984 Texas Water Quality Standards promulgated by the Texas Water Commission and approved by the EPA are not in compliance with the requirements of the Federal Clean Water Act; and WHEREAS, Plaintiffs are seeking to compel EPA to impose more stringent water quality standards in Texas; and WHEREAS, the imposition of more stringent standards could result in substantial and costly improvements being required to he made to municipal wastewater treatment systems; and WHEREAS, the Texas Municipal League ("T.M.L") has retained legal counsel to Intervene in said lawsuit in order to protect the interest of its member cities; and WHEREAS, T.M.L, has requested that its members share in the cost of intervening in said lawsuit; NOW, THEREFORE, ! THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the City Council of the City of Denton approves the payment of an amount not to exceed $10,000 to the Texas Municipal League to pay for the cost of intervening in said lawsuit to protect the interests of the City of Denton. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986. CITY OF DENTON, TEXAS ATTEST. J CHARLOTTE ALEW-oTITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I CITY OF DENTON* TEXAS ! By .4 O 'YEA. ik TRZ UWITtD STATES DISTRICT COURT raR THE NORDALLAS DIVISION Ia. 1 Q 1.00 civil SpORTSM I S CLVDS Or T1XAS * to tJ SIERRA CLVD, and 'AL DE1ftNSt FUND- fl'•.~ yy:ij13rV ` ENVI1taNMEN'T INC• PLAINTIFFS } ; CIVIL ACTION NO• V. GT0l1 as niCK MHITTI10 REGIONAL ADMINISTRATOR, REGION VI, t!•S- tNVIROts- 1 MENTAL PROTECTION AGUCY1 j{ LEE M- THOMAS as ADMINIS- TRATORF U'S. ENVIRONNSENTw PROTECTION AGENCY t and j( CA g 0 12 R U'S• tWIRONMENTAL PROTECTION AGtNCY DtrMDANTS ) { A Co" I nit 0pdu;Ak 13 1. This is a civil suit for declaratory, injunctive, and other appropriate rslief to (1) set aside the approval by the Environmental Protection Agency (EPA) of the Texas WateraQuatlitY Standards (TWQS). (x) require EPA to promulgate water qu y standards for the statr of Texas, and (3) require EPA to estab- liah a water quality Certification program for the State of Texas, The rtderal Clean Water Alt requires that water quality be established for all public waters in Texas and all standards . t aecause of failures of the Sts t• of Texaoaln of UAt Many red" public waters in Texas are not meeting sw~able3conditions. The oral clean water Act of fishable ere MreOver 10600 miles of major State's records reveal that there rivers, lakes, and other bodies of water in Texathat are not protect safe for swimminO cc not of sufficiently hi'4h quality to fish and wildlife uses. (See Appendix A.) in adisont many lakes, and other thousands of miles of stretnu~, have never been evaluated to determine if they ass safe for Nwim- Ming or for fish and wildlife. s. Plaintiffs and ninny others have complained of th ss con- ditions. E8A has tailed to remedy this situation and to do will not take the necessary corrective steps so by this court. a.at,•ri0 and yenud • . 61 This Court has jurisdiction pursuant to federal law in- eluding Sta. eluding 21 U.S.C. Sea. 1331 (f'edaral Question)$7033 2 v•S'# 1365 (raderal Clean Mater Acts 5 U.i.C. Seccs+ 2201-2202 S.c. Se (~ainistratiw Procedure Act) I 21 U. (Declaratory :udgments)o and 26 U.S.C. Sec. 1361 (Mandamus). 7. venue is proper in this Court pursuant to 28 U.S.C. Sec. 1391(0. S. This action is brought to review a decision of the Zrivisonmantai protection Agency and to require furth r a , the 3tepional ~nistrator and l►dtsinistrator of that Agency* deaision•inakinO plaintiffs haw Attempted to participate is the 3 complained of herein, and the degradation Of the Quality of the waters have caused, are causing' and will continue to cause ` ..to members of SCOT' and to dCC''• SCOT tiles this action on injury behalf of its members and itself, 10. plaintiff Sierra Club is a charitable, non•p Ofit, he public membership corporation, organized and existing under laws of the State of California. The Lone Star Chapter of the Sierra Club is one of approximately fifty chapters of the Sierra The Long Star Chapter has Club and was formed in ::965 in Texas. its principal place of business at 600 West 24th, Suits 302, Austin, Texas 78105• The Sierra Club has over 12,000 members throughout Texas, a number of whom residua in the Dallas are Sierra Club members include recreationists, businessman, scien- tists, lawyers, educators, and many other citizens of Texas can- this corned with the protection and restoration of the waters in this state* Mam~ra of Sierra Club use all major water bodies for many smaller bodies of Mater in the state rsfor searchr and for many food, for their business, for scientific other purposes. Defendants' actions, complained of herein, and the degradation of the quality of the waters have caused, are 'to m•;mbers at Sierra causing, and will continue to cause ia)urY Club and to Sierra Club. Sierra club tiles this action on behalf of its members and itself. ll.Df'f is a 110 Plaintiff environmental Defense ~d/ration organised charitable* Aon-1~rolit, public sombershi. MA existing erAet the laws of the State Of New York with Yits ork, principal place of business at 666 park Avenue South, N S in 1472 as "tic Law 92.500, the Federal Water Pollution Control. Act Amondments- This framework established a multi-tier approach to protection of water quality including (1) technology based standards for the treatment of each discharge of pollutants, (2) higher treatment levels where necessary to protect water quality, (3) comprehensive planning for water quality management, and (4) federal grants to assist governments in meeting the water quality goals and standards of the Act. Section 101(a) of the Act de. clares that it is the goal that all waters of the United States, including interstate and intrastate waters, should be safe for use by fish, shellfish, and wildlife and should be safe for swima ming and other recreational uses by 1983. Section 101(b) of the Act established the policy that states have the primary responsi- bilities to manage water pollution problems. The Act:, however, requires EPA to step in when states fail in these responsibili- ties. 16. The goals and requirements of the rederal Clean Water Act are not being met in Texas by the State of Texas or IPA* for example, despite the fact that a discharge is not legal unless authorized by a permit under the Act, a recent report of the a S• General Aceo%inting Office states that, over 30000 discharges exist in Texas without permits from IPA. Many of these dischargers have sought permits, but IPA has failed to review the applica- tions and assure that water quality is being protected, Further* this report finds that over 75 percent of those dischargers with permits are not in eoimpliance with their permits, and 10 to 20 percent ere significantly out of compliancee bectuse of those 7 f revised in 197) following the enactment of the federal water pollution control Act Amendment of 1972 and minor revised 'werere . made in 1974, 1973, and 1976. These standards as re approved by tPA on Tebruary 9, 1976. 20. Major revisions to the water quality standards were made by the state of Texas for its 1975 tri-annual reviews fol- lowing negotiations with LPA, these standards were approved by the Regional Administrator at Region VI of EPA on match S. 1911. 21a to the 1981 approval document, however, EPA noted that the Stats should consider a number of revisions to its standards before the next review. (See Appendix S.) 22. Also in 19810 section 303 of the Clean Water Act was amended by Section 24 of Public Law 97-117, in which Congress specified a review of all state water quality standards between 1951 and 1984. EPA Promulgated new rules in 1983 to establish new requirements for state standards, of particular importance were EPA's rules requiring water quality standards to protect against toxic pollutants. 23. In response to these changes, the State of Texas re- pealed its standards and adopted its 1914 Texas water Quality Standards, hereinafter "1914 TWQS." During the development of the 1984 TWOS and during the period of EPA's review of these standards, plaintiffs and others, including certain Texas and federal agencies. `vInitted written comments to the State of Texas. .The comments o4plained areas where the standards were deficient and not consistent with the hot and EPA regulations. The State of Texas refused to correct these deficiencies. e such a$ pipes. Epp. can only issue a permit if appro- Sources, treatment technology is used, if the water Quality Stan Prieto - dards will not be violated, and.if other conditions e and prYreqy sll MA uisites have been met. The Secretary of the Army 4 the of the Act whi ch permits under Section 104 quality standards disposal of dredged or fill material if water Qu Y will not be violated and other conditions and prerequisites have been met$ 28. prior to the issuance of a permit unor sections 402 and 401, the applicant for the permit or lice.nse must obtain a certification that the proposed discharge will not violate water Pursuant to quality standards and other limitations of the Act. section 401 of the Act, such a certification must be obtained from the appropriate state if the state has a qualifying program, To qualify, a state program must provide opportunities for public If a state's program participation in the certification process. does not qualify, the certificate must be obtained from the Administrator of tPA. . 29, Neither the state of Texas not EPA has established of certification program for Texas which meets the requirements Section 401 of the.Act. Therefore, plaintiffs seek a judgment from this Court pursuant to Section SOS of the Act ordering Z PA, to establish and implement a Section 401 watexa~zsiityi the WtIficao State tion process for all discharges to navigable of Texai. I . tt iocond Claim Improper Decision•Maker section 303 of the Federal Clean Water Act requires the Administrates of LtA toIrsview state water quality standards and approve or reject standards or revisions to the standards* at 40 C•F•*• tart 131 to establish soma. SPA has published rules form rsquirements for water quality standards for all states. While these rules attempt to delegate to the Regional Adminis• tsator the authority and responsibility for the review aAd appso• val process of the standards, uniformity and minimal standards for all states is still required and the decision must still be made by an accountable public official. 33. The review and approval process for the'1964 TwQS'was not performed by the Administrator or the Regional Adm~nutsatot-- of Region vl* The review and approval was rformed the Dir. ict~ r ! water anagament Division of Re4ion V2 of ZIA. AS a e mot been properly a are not re~tr~ valid. plaintiffs seek a reversal and remand of LPA's action of February 28. 1965. Third Claim Improper Conditional''Approval 34. Seel-ion 303c(3) of the Clean Water Act and t,PA's rule 40 C•F.R. Ssee 131.21 require that, upon receipt of a revised u new state water quality standard, RYA must either approve the state standards within 60 days or notify the state of disapproval within-90 days. if any standard is disapproved and the state 13 f f enjoining SPA to carry out is non-discretionary duty to promul- late the•appropriate water quality standards for segment 0606: it, Substantive ssgors in wafer euality Stan"t" filth Claim standards for Most Maters are impraper w The Act and t!A's rules require that water quality standards be set for all waters of the United States. Uses for all waters must be designated and standards set to protect those uses. Where designated uses do not include full protection and propagation of fish, shellfish, and wildlife and provide for con- tact recreation in and on the water, by July 1, 1913s a use attainability assessment must be performed to demonstrate that attaining these uses is not feasible and to Justify lower uses, such as non-contact recreation or limited aquatic life protection. 39. The 1981 MS are not consistent with the requirements of section 303 of the Act and ZPA's regulations in thats The 1911 TwQs designate uses and have specific stan- dards for only 311 segments and 160120 miles of Texas waters. No uses have been designated for many lakes and many other water bodies or segments thereof in Texas. There are therefore no ado- to bases for protecting many of the waters in Texas. (b) further* the state of Texas has set general standards to apply to those water bodies for which no uses have been desig- ated. ' These general standards, however are not not to protect the usiis for contact recreation or for fish and wildlife., further these standards often allow degradation of these undesignated iS recreation and p rotection of fish and wildlife and designate cri- teria to protect those uses unless a use attainability assessment indicates that such uses cannot be attained on a particular water body or class of water bodies. Sixth claim improper exemptions and Use Designations 42. EPA's rule 40 C.l.It. sec. 131.10(8) requires the desig- nation of uses for all public bodies of water including small or intermittent stream e where attainable, every body of water must be designated for contact recreation and protection of aquatic life. if these uses are not attainable$ lower uses can be desig- nated, provided$ however, that no segment can be designated for A stream cannot the,,VAmJP2rt of waste or waste assimilation. be dedicat d as a sewer or for waste treatment. 43. The 1984 TwQS violate Rule 40 C.T.e• sec. 131410(a) in thati (a) section 333.16(h) of the 1994 TWOS exempts treated of- flu*%ts from all of the standards, when often treated effluents make up the only waters in dry or intermittent streams. In such cases the streams are in fact often being designated for waste assimilation and waste transport. Such uses are specifically prohibited by ePA's rules. (b) section 333.16(h) of the 1984 TWQS exempts "intermit- tent streams" and "effluent dominated" streams from numerical water Quality standards and, thuso, limits such streams to the general standards. Thus a body of water can be limited to the protection afforded by the general standards even if such a water 17 4S. plaintiffs seek a reversal and remand of !PA's actions of February 26, 19iS and an order that EPA promptly promulgate revisions to eliminate the exemptions for treated effluents, in- termittent streams, effluent dominated streams, and mixing tones. Seventh Claim Lack of Toxic standards 46. EPA rule 40 C.r.R. Sec. 131.111a1I21 requires that each state "review water quality data and identify specific water bodies where toxic pollutants may bs adversely affecting water quality or attainment of the designated use or where the levels The of toxic pollutants are at a level to warrant concern...." state must then adopt criteria or standards to protect these waters and uses. if narrative rather than numerical standards for toxic pollutants are used, the state must identify methods for the regulation of discharges of toxic pollutants. with the 1943 rule changes, EPA placed a high priority on water quality standards for toxic pollutants. lSee, for example, Appendix D.1 470 The 1984 TWQS fail to comply with 40 Coral. Sec. 131.11. The State of Texas has failed to establish any system- atic process to identify "toxic hot spots." Even when segments with toxic problems are known, the State has failed to establish standards to protect water quality and designated uses. 48. rurther, Texas has failed to set adequate narrative standards for toxic pollutants, including pesticides, herbicides, heavy obtals, etc• rot example, use of one representative organ- ion Bois not assure protection of sensitive organisms and does 19 _ 1Ir..,"ri4 r r " T W, TWQs got criteria for salinity or total dissolved solids for bays estuaries, despite the tact that EPA has identified the need and cases, cri for such criteria for the Texas standards. In some teria t2iat have been set are not bared on sound scisntilic ature and dissolved oxygen limit&- , in particular temper rationaletions were often not set properly to protect designated uses. S3• Plaintiffs seek a reversal and remand of ZPA's action a of February 26, 1965 and an order requiring EPA t to protect designated uses pursuant to its rules, Ninth Claim Non-Degradation $1• gph rule 10 C.F.x• sec. 131'12 requires that all water quality standards include a policy of "antidegradation." The standards must also include implementing methods for this policy to assure at a minimum that (1) ex!~sting instream uses shall that maintained and protected, (2) water, which has a quality to support propagation of fish, shellfish that necessary exceeds and wildlife, and contac recreation, ba ma stained at this h h• level d l3) high quality 011t ers at constitute outstanding national or state resources be maintained and pros ct af9radation SS. The 1964 TwoS f ail to comply with EPh s rule in that: (a) The 1964 Twos contain a policy statement but no methods for implementing the policy. As part of its February 26, 1965 letter approving these standards, EPA noted this deficiency 21 asY'.377!5 j l a s RECEIVED APR 29 10 ' IM !1i OIIITSD • SlATSt OIt?1lIC? ~ ~ *f r r.. yam MON"Wo DISTRICT W.LAS DIVISIOIh SZO"Im • s cum f ft +r~► 0/ ' mWv &,,.ti9AMc awn nmpO1pCL=v MA MUL DMlsNSS l~tD, IhIC • 8 OZCM WITTIPG M as 9 2"Jaoal Adsinistrator 6 magios vX, waited f States ssviroonsAtal trotectiOA epcyr and ov"M 0!UMAL PROTMC.'TIOM ; AGNCY olmn several parties are before the Court, urging that they be sllawd to intervene, the Court is informed that several sore interested parties say soon seek intervention. secaas* adding parties by ploom eal intervention is a waste of reso=oss &rA cmld ornate an unwieldly lawsuit, it is OItDthat aril Motions to intervene be filed by !ta_y 30, 1 aad that gLI responses to notions to intervene be filed by ,'uae 15, 1906. All pending notions to intervene will be held and decided with those motions, if any, filed under this Order. Signed this ZZnd day of April, 19860 O&AL poi U, es District ntdole ~.1 ,.3.. rf'I,i::- June 10, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL PROM: Lloyd Harrell, City Manager SUBJECT Consider Ordinance Approving Engineering Contract with Black b Veatch on Power Plant Improvement and Future Substation Siting and Modifications. RECOMMENDATION The 'Public Utilities Board, at their meeting of April 22, 1986, recommended to the City Council approval of subject General Services Engineering Contract and Scope of Services. SUMMARY/BACKGROUND Recent insurance recommendations/requirements will be studied for engineering recommendations. Proposed modifications and improvements to improve reliability and operation will be studied and recommendations made for implementation at the Spencer Plant. Long range modification/renovation studies will be made for the King and Hickory Substations as well as conceptua) design and location for future substations which will be required for the system. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities and customers FISCAL IMPACT i 1985-86 Budget 610-008-0250-8502 x27,000 4337U:4 `4: aA t - Y °7W Prepared by: Respectfully submitted: i oy are , y anagera_ B. B. Tullos Asst. Dir. of Electric: Utilities Appr ved by: E. Nelson Director nr Utilities EXHIBIT I Garland Daily News Article, March 26, 1986 II BQV Contract for Engineering Evaluations (General Services Agreement and Scope of Services) III Inspection Report- Appalachian Insurance IV Ordinance V Minutes PUB 4/22/86 4337U:5 ~a i WAIL No, AN ORDINANCE APPROVING AN AGREEMENT BETMBEN THE CITY OF DENTON ' AND BLACK 3 VEATCH FOR ENGINEERING SERVICES IN REGARD TO UTILITY i DISTRIBUTION PROJECTS, AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY LADAINS: SECTION I. That 0-e Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton, and Black and Veatch, Consulting Engineers, providing for professional services comprising of ! power plant improvement acid future substation siting and modifications under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION 11. That expenditure of funds therefor is hereby authorized in an amount not to exceed Twenty-nine Thousand Dollars ($29,000.00). SECTION III. ` That this ordinance shall become effective immediately upon f its passage and approval. PASSED AND APPROVED this the 10th day of June, 1986, C CITY OF DENTON, TEXAS I ATTEST: CHARLOTTE ALLBN CITY SMETARY CITY OF DENTON,*TEXAS 3 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY %,TTY OF DENTON, TEXAS BY: r; ; °s March 1986 1 MAL Voko" 112 NUMBER 73 GARiAND, TEXAS wrM f~wiea Ie~wge~in $3009000 M.. 1j~. r1' •'w , r•r Mfr........ ,y a'N'.}ar,yyryMf+,y j utmt 4,•.,9111 , 11' 1~.ftd'' •w~, iJ t stud urged 1 i , , f r tr+,+M ,.1.. ~ ~ '•:.r ' .roar. ~PIII Corder: Generators `living on borrowed time's r t. 4 4 By DAN R. BARBER RLr+re+' ,t ' ' ~ s r ~ Daily News Staff eM,r.~; T '1fi~;t"Itr" sai4t ± 4 The city of a.rleWd can pay lea now or a lot iw N. s f • ' more later. So said Garland Power & Light Director Bob Corder, who Monday warned the city's Utility + Advisory Board that three aging eleetrial goner- - Il store at the Ray ONOW Plant are going to fail, maybe sooner but mimed eartalnly later. rie+' 1 I . Corder told the utility board that b avoid With a Major equipment failure the city Should him the e>MgirMSSrirMg OWW Wting firm of'Piypett & Gee lnc. to Abihre to perform What utility om- ei.le stateeridle now call "life extension studir" of the Maass peardoes. :lM. m wall the p.uatom fed willl fares n city to spend hundreds of thousands cos IZ m~ootis, heat d. 7u M~~sd~w gesaMas ate erutW bscaMrn thSy oomrtitute e0 WWWOF d tM dty's alsebtititya l "Wifft Charlie Dodno l %*6 a cover Tuesday for ft NOW on rn 2 at now p-leftoo ur~t No, Z as Some tfrrt.tf, rose au► CW* Rly OQnpo.* poharr haft -V ~/siit - I, r - r• ~ ~ • stud advised Comilhawd fr•ors rage 1 THE UTILITY board agreed on y the second vole to recommend that he t3arland City Council approve he study. but stressed the council kstely review the 11300,000 price tat y» Because the utility board knows too ' little of how much such a study hould coq Assistsr~ City Manger Bill Dol. lar old I he council will consider i;order's ccou+nnendatlon Monday if staff car complete a survey of other Texas + tilitias for more background tart the issue. Corder said a life extension study should show how much operating life the three generators - built in 1867, 1971 and 1876 - have left In ' them. The study is needed because the titres generators an not being used _ .IE8$h s. SttNaE/t7s11y News as they wen deWigned to be used, t arlfwld POW Light employees Roy Wylie, left, and Wayne StriWand repair a ;ald• bait 'fuesda}~ In one of the city-owned utility's electricity yensrators at the Ray They ware designed to operate ' Olinger Plana. •ontinudwsly at or near capacity, but "in abort, we have every via" to mean higher electric bills for con. Mbmben David Gslegar and Burt ,ecause of power the Texas Munki• believe that given the resent C expressed ,'is] Power Agency's plant at Gibbons p nper• sumacs, order said. Gearhart concern that reek owe r Ga. sting situation the ecunutnic operat• "The worst can would be I $up• Tippett & Gee might be charging too on ks "a suneeded a pplies Garland oftM Ow ge~neraIrg life of the Olinger plant Is being pose all the expet~es Of the repair, much for the study. forced to stop and l"estart an n and a are Weriotsly eroded on a daily Malls. Corder said. "That's the firm thing. But board members Harris Holla• hue b urc)y beds, M acid Unless asp* an taken to avod them The other thing that happens a the bough and Joe Murphy defended )<N ~t two 3 » massive repair/maintenance ex. lose of the unit during repair. If tint Cordsr'W recommendation toying the ever Ion haw Isar, supped oad Ipoesse art "intd." Corder Weld, happened during the summer when Gologer and Gearhart have no Coln- extorted 323 times, ,bough they "In I.M simplest Wave, we an liv. that anit would Mae ordinarily gen- parson on which to base their fam wave dxdy on'ettinow IX04tart ing ort borrowed time." anted a lot of energy you would be The fist vote d% Corder 's recom• ifs expec4rtcy, Corder acid, CORDER SAID most utilities forced to buy it from another sower mendatiom failed 5.2, with bard "What the study is ks a A" in tho state Lave experienced a situ. at a higher prima or product It on on members Gaegar, Gearhm, Mrs. root of pravaetative madieima," Dot. atioa sinrriler to that Garlontil faces older eky unit at is biter dolt" Dimmkt, Jaek Morgan and 14vale n soon sold. "Ev d results we're going to tism. Boom" of dk they DILMING THE meallift Mow Davis for against it. hat the hwidence of forced outages day Board Abmba Savidly Dhrnrkt Murphy voted Ill. bauglt and er uaeratdxrs are beimt atsrted and seated and nnajor pens of taw poor. Criticind Corder for net left t M Later, betore the second vote tngwd on a hem -A base. I bas store suffered "eastostroyie" board of the problem sailer Whet he M wpity sad he did not understQ an fief eM mommy epest ss those taihtrw sold be wr aware of it Its January. why the board questioned Cord nr'W tdfa wR always be east effietiw." ~ coats in the g WAM to Corder said he did not have aN scud Dollars Isdormation when the g sotbhng "!t to Wie * stash =t rap wart not nseomsAOat tha tietalla of tM probienr mailafter city pays them to after k. w heads to tM wad and knaM the oW mite outt of service for six in February after tM board's meet. 'I think we better Wits up with rrr/telnty the eesagttesesa," eremthe ee !aster," be raid. in that soonth. thk obs otdolon because we're al• aueb • Where, In QwUnd would Also denim the maetiag, baadd reedy wataemt, Murphy sad. Y4:. FNt ^SJY.. x YP.}•• `.a Wes~.i j~~sY`..' y. y:. ._R .tf is R'4~a~r., t Y : Y . 1 GENERAL SERVICES AGREEMENT HETWERN CITY OF DENYON, TEXAS • AND . SLACK A VEATCIL ENGINEERS%kRCHITEC IS 1 CONTIH i Q ARTICLE 1.0 - SERVICES TO BE PERFORMED BY ENGINEER ARTICLE 2.0 - TERM OF AGREEMENT ARTICLE 3.0 - COMPENSATION ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF ENGINEER ARTICLE 8.0 - OPINIONS ('F COST AND SCHEDULE ARTICLE 8.0 - LIABILITY AND INDEMNIFICATION ARTICLE 7.0 - INDEPENDENT CONTRACTOR ARTICLE 8.0 - COMPLIANCE WITH LAWS ARTICLE 9.0 - INSURANCE ARTICLE 10.0 - OWNER'S RESPONSIBILITIES ARTICLE 11.0 - OWNERSHIP OF DOCUMENTS • ARTICLE 12.0 - TERMINATION OF AGREEMENT ARTICLE 13.0 - NONDISCLOSURE OF PROPRIETARY INFORMATION ARTICLE 14.0 - NOTICE ARTICLE 16A UNCONTROLLABLE FORCES ARTICLE 18.0 - GOVERNING LAW ARTICLE 17.0 - MISCELLANEOUS ARTICLE 18.0 - INTEGRATION AND MODIFICATION ARTICLE 19.0 - SUCCESSORS AND ASSIGNS 2 GENERAL SERVICES AGREEMENT THIS AGREEMENT; *&ctive the da<v of . . . . . . . . . . . . . . . 19 by and between CITY OF DENTON, TEXAS (hereinafter referred to as Owner), and BLACK A VEATCH, ENGINEERSARCHITFXM (hereinafter referred to as Engineer), a partnership with principal business alffces at Kansas City, Missouri. WITNESSETH: WHEREAS, Owner is engaged in the operation and maintenance of electric utility facilities; and, WHEREAS, Owner may from time to time undertake Projects related to such facilities; and, WHEREAS, Owner may require certain engineering services in connection with such Projects (hereinafter referred to as the Servicwsr and, WHEREAS, Engineer is prepared to provide such Services, NOW THEREFORE, in consideration of the premises and the mutual covoants herein contained, the parties hereto agree as follows. ARTICLE 1,0 - SERVICES TO BE PERFORMED BY ENGINEER As the need for engineering services arises, Owner will request the services of Engineer. Such requests shall describe Owner's requirements, including the scope of work and the expected . schedule. All requests shall be confirmed in writing. Engineer shall review its personnel resources to determine whether qualified individual are available to satisfy Owner's request. If qualified individual are available; Engineer will pro• vide a written response describing the approach to be taken for carrying out the assignments, Engineer's background experience and qualifications for similar assignments, the estimated cost, and the schedule for completion. If mutual agreement is reached, Owner will provide written authorization for Engineer to pro- ceed with the services. ARTICLE 2.0 - TERM OF AGREEM>r•NT The term of this General Services Agreement shall be for three (3) years from the date it is eftbc- tive. The Agreement may be extended thereafter by mutual written agreement of the parties. ARTICLE 3.0 - COMPENSATION Owner shall pay to the Engineer for the performance of the Services the sum of the following amounts with a total not to mood amount as directed by the Owner and approved by the Engineer for each specific task assignment. (1) The amount of 1,86 times payroll casts for the actual time of personnel applied to the'Services. (2) An amount equal to the actual out-of-pocket cost or standard charges for all expenses incurred by Engineer directly chargeable to the Services rendered pursuant to this Agreement. Such expenses shall specifically include, but are not necessarily limited to, the f0110wir4; (a) Long distance telephone expenses. (b) Standard charges for operating time actually applied to the Services of Engineer's computer center, other computer centers, and Engineer's automated drafting systems. (c) Prints, reproductions, word processing, printed documents and drawing control at standard rates. (d) Reasonable traveling and living expenses for personnel, (e) The actual cost paid by the Engineer to third parties. ( f ) Other direct expenses related to the Services, Payroll costs include actual salary plus allowances for holidays, vacation, sick leave, FICA and unemployment taxes, worker's compensation insurance, and employee benefits including medical insurance, supplemental retirement programs, life insurance, incentive compensation, tuition reimbursements, and other miscellaneous benefits, The payroll allowance, exclusive of holidays, shall be fixed for the term of the Agreement at one . hundred thirty (130) percent of the hourly salary rate, Hourly salty y rotes shall be equal to the monthly Mary divided by the number of regularly scheduled working hours during the Engineer's faecal month; thus, the allowance for holidays is provided in the hourly salary rate. The Engineer's fiscal month is from the 27th day of each month through tae 26th day of the succeeding month. Engineer will submit to Owner monthly invoices for Services performed. Each invoice will be submitted by about the 16th day of the month following the month during which such Services were performed. Owner agrees to pay Engineer's monthly invoice within 30 days after the invoice date and to pay Engineer a carrying charge of 1-U2 percent per month (18 percent per year) or the maximum rate allowed by law, if late, on all amounts remaining unpaid after 60 days following an invoice data Owner has the right to audit the time records and salaries of personnel and charge for direct expenses for assignments for which cost-plus compensation is provided, ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF ENGMER Engineer shall surct" the same degree of cars, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and Engineer shall, at no cost to Owner re-perfosm services which fail to satisfy the foregoing standard of performance. 4 Emgimeer shall not be responsible for construction means, methods, technignss, wMncn, or procedums, or for entity precautions and programs in connection with the Services. In addition, Engineer shall not be responsible for any contractor's, subcontractor's, vendor's, or other project participeat's failure to &MU their contractual or other responsibilities to the Owner. In no event shall Engineer be responsible for any contractor's, subcontractor's, vendar's, or other pr*ct par• ticipant's bilure to comply with "ral, state, or local laws, ordinanosa, regulations„ rules, codes, orders, criteria, or standards, ARTICLE 5.0 - OPINIONS OF COST AND SCHEDULE Sinn Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors, subcontractors, or vendors' methods of determining pries, or over competitive bidding or narket conditions, Engineer's cost estimates shall be made on the basis of his experience and qualifications and shall represent his best judgment as an experienced and qualified professional engineer, familiar with electric utility projects. Likewise, since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be merle on the basis of his experience and qu&Ufica• tions and shallrepresent his best judgment" an experienced and qualified prop sional engineer, familiar with electric utility projects. Engineer cannot and does not guarantee that propo"Ith bids, or actual project costs will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. ARTICLE &0 - LIABILITY AND INDEMNIFICATION i U General. The Owner and Engineer have considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein agree to allocate such liabilities in accordance with this Article 0.0. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 0.2 Probselonal Iiab#lity. Engineer agrees to defied and indemnify Owner A+om and against legal liability for damages arising out of the performance of professional engineering services for Owner where such liability is caused by an error, omission, or negligent act of Engineer or any person or organisation for whore Engineer is legally liable. 6.9 Other Liability. Except as provided ir_ Subarticle 6.2, Professional Liability, dealing with liabilities associated with the performance of professional services, Engineer agrees to defend and indemnify Owner from and against legal liability for damages because of bodily injury or property damage caused by an occurrence arising out of Engineer's performance of the Services. 6.4 Defense of Claisu and Owner's Indemnity, In the event a claim for damages arising out of the performance of this Agreement is made against the Owner alleging contributory or concurrent n1ligence of both Engineer and Owner, Engineer agrees to defend Owner against such claim. In such event, Owner agcws to indemnify and reimburse Engineer a pro rata share of all expenses of "nse and any judgment or amount paid by Engineer in resolution of such claim a IMF r ' _ where sash pro rata share is based upon the final Judicial determination of aeogence or, in the absence of such determination by mutual agreement. In addition, Owner agrees to defend and indemnify Engineer ftm and against damages arising out of Owner's role negligence. U Employee Claims. Engineer agues to indemnity' Owner against legal liability for damages which is the result of claims by Engineer's employees, Owner agrees to indemnity Engineer against legal liability for damages which is the result of claims by Owner's employees. 6.6 Ldmitadons of Liability. Engineer shall have no liability for special or consequential damages including, but not limited to, lose of equipment use, lose of profits, cost of capital, cost of replacement power, or similar damages. In addition, Engineer's Uabihty shall not exceed Engineer's available insurance coverage for such liability and Engineer shall have no liability after two years following performance of the task assignment. &7 Remedies. Owner's rights and remedies set forth in this Agreement are exclusive and Engineer's liabilities are limited as set forth herein whether based upon contract, tort (including negligence), or otherwise. U Other Project Participants. In the event other parties are involved in any of the assignments under this Agreement, Owner will incorporate indemnities similar to this Article 6.0 into contractual arrangements with other Project participants in ardor to protect the Owner's and Engineer's interests, ARTICLE 7.0 - INDEPENDENT CONTRACTOR Engineer undertakes performace of the Services as an independent contractor and shall be wholly responsible for the methods of peribrmance. Owner shall have no right to supervise directly the methods used but Owner shall have the right to observe such performance. Engineer shall work closely with Owner in performing Services under this Agreement. ARTICLE &0 - COMPLIANCS WITH LANG Engineer agrees that in performing the Services, Engineer will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria, and standards. Engineer shall procure the permits, certificates, and licenses necessary to allow Engineer to perform the Services. Engineer shall not be responsible for procuring permits, cer• tificates, and licenses required for the construction of the Project unless such responsibilities are specifically assigned to Engineer, ARTICLE 9.0 - INSURANCE During the performance of the Services under this Agreement, Engineer shill maintain the following insurance. (1) Comprehensive General Liability Insurance with bodily injury limits of not less than $W,000 fir each occurrence and not less than $600,000 in the aggregate, and with property damage limits of not less than $300,000 for each occurrence and not less than $100,000 in the aggregate. 6 e (2) Automobile Liability Insurance with bodily iuf ury limits ot not less than $600,000 for each parson and not lees than $600,000 br each accident and with property damage limits d not lac than $100,000 few each accident (3) Worker's Compensation Insurance iu rccorr:ance with statutory requirements and Emplor,ers' Liability Insurance with limits of wt less than $100,000 for each accident. (4) Professional Liability Insurance with li►iits of not less than $3,000,000 annual O.""Pte, (6) Umbrella Insurance providing not lea than $10,000,000 limits in new of the limits stated in Items (1) through (4), Engineer shall ilurnM Owner certificates of insurance including the provision that such insurance shall not be cancelled without at least ten days written notice to Owner. ARTICLE 10.0 - OWNER'S RESPONSIBUMES Owner shall supply to Engineer, either directly or indirectly from others, all available informa- tion and data which is required by Engineer. Owner shall also be responsible for the following. (1) Approve all procedures established to govern the relationships among Owner, Engineer, and third parties. (2) Furnish to Engineer, in writing all of Owner's requirements for the Project including, but not limited to, schedule milestones; any financial constraints; and any Owner criteria, standards, design objective, or design constraints. (3) Male final engineering and planning decisions utilising information supplied by Engineer. . (4) Provide designated personnel to represent the Owner in matters involving Engineer. (6) Provide such accounting, independent cost estimating, and insurance oounselirg services as may be required for the Project; such legal services as Owner may require or Engineer nW reasonably request with regard to legal issues pertaining to the Project including any that may be raised by contractors, subcontractors, vendors, or other project participants; such auditing services as Owner may require to aecer• twin how or for what purpose any contractor, subcontractor, vendor, or other project participant has used the monies paid to him; and such inspection services as Owner may require to ascertain that contractors, subcontractors, vendors, or other project participants are complying with any law, rule, or regulation applicable to their performs * of the work. (6) Enter into contrr,cts for purchase, construction, or other services with contractors, subcontractors, and vendors; provide financing; and make payments in accordance with the terms of the contract. Owner may assign any responsdbility described in this Article 10,0, Items (6) and (6) to Engineer by providing written instructions to Engineer to act as the Owner's agent and assume responsibility in behalf of the Owner. ARTICLE 11.0 - OWNEROMP OF DOCU65.EN'IB All documents including Drawinv and Specifications prepared by Engineer pursuant to this Agreement are instruments of service In respect of the Project. They are not intended or represented to be suitable for reuse by Owner or others on ateuions of the Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's We risk and without liability or legal exposure to Engineer; and Owner shall indenu* and hold harmless Engineer for all cla; ass, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further compensation at rates to be agreed upon by Owner and Engineer. ARTICLE 12.0 - TERMINATION OF CONTRACT The obligation to provide tusther services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Owner shall have the right to terminate this Agreement for Owner's convenience upon written notice to Engineer, and Engineer shall terminate performance of Services on a schedule acceptable to Owner. In the event of termination for Owner's convenience, Owner shall pay Engineer for all Services performed. ARTICLE 18.0 - NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner and all drawings, reports, studies, design calculations, plans, specifications, md other documents resulting from the Engineer's performance of the S#,,vices to be proprietary unless such information is available from public sources. Engineer shwl not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorizatUon of Owners Engineer shall not snake any written or verbal statement to a,W press or news media concerning the Project without the written authorization of Owner, ARTICLE 14.0 - NOTICE Any formal notice, demand, or request required by or made .n connection with this agreement shall be deemed properly made if personally delivered in writing or d"ited in the United States mail, postage prepaid, to the address specified below. 7b Engineer: Black & Veatch, Engineers•Archttects P. O. Box 8406 Kanas City, Missouri 64114 Attention: Head of Power Division To Owner: City of Denton Texas Municipal Building 215 E. McKinney Street Denton, Teas 76201 Attention: Director of Utilities Nothing contained in this Article shall be consb%*d to restrict the transmission of routine communication between representatives of Engineer and Owi,er. 8 ARTICLE 16.0 UNCONTROLLABLE FORCES Neither Engineer nor Owner shall be considered to be is default of the provisions of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid, The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations Ltnder this Agreement and which Is beyond the control of the nonperforming party. The term "uncontrollable forces" includes, but is not limited to, fire, acts of Clod, flood, sarthquakss, storaw lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits. licensee, or authorisations fmm any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement, strikes, work slowdowns or other labor distur. bances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncon• trollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remediat%~' with reasonable dispatch. Tho provisions of the Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or rather labor action. The nonper• forming party shall, within a reasonable time of being prevented or delayed from performance 6y an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 1&0 - GOVERNING LAW This Agreement shall be governed by the taws of the State of Texas. ARTICLE 17.0 - MISCELLANEOUS 17.1 Nonwaiven A waiver by either Engineer or Owner of any breach of a provision of this Agreement shall not be binding upon the waiving party unless such waiver is in writing In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or flrrther breach. 17.2 Precedence. In the event of conflict, errors, or discrepancies between the declarations or Articles of this Agreement and any mutually agreed written task assignment pursuant to this Agreement, provisions of the written task assignment shall be given precedence over the declarations or Articles in resolving such conflicts, errors, or discrepancies. 17.3 Severability. The invalidity, illegality, unenforceability, or occurrence of any other event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision of this Agreement shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provi. sion held to be void. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be voi3. 9 0 ARTICLE I&o - DersGRATION AND MODIFICATION This Agreement is adopted by Engineer and Owner u a complete and emclusive statement of the tenor ofthe Agreement between Engineer and Owner. This AVvemont supersedes all prior agreements, contracts, proposals, representations, negotiations, letters„ or other communications between the Engineer and Owner pertaining to the Services, whether written or oral. This Agreement may not be modified unless such modifications are evidenced in writing signed by both Engineer and Owner. ARTICLE 19,0 - SUCCESSORS AND ASSIGNS 19.1 Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives to the other party to this Agree. ment and to the directors, o!l9cers, partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, apoements, and obliga• tions of this Agreement. 19.9 Neither Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are dud this Agreement without the written consent of the other, except as stated in Phragraph 19.1 and o*opt to the extent that the effect of this limitation may be restricted by law, Unlees specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement, Nothing contain. ed in this paragraph shall prevent Engineer from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of services rendered. 18.9 Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorised representatives effective the day and year first above written. CITY OF DENTON, TEXAS By (Date) Title BLACK & VEATCH, ENGINEERS-ARCHITECTS By (Date) Title . 10 F ATTACHMENT I SCOPE OF SERVICES FOR ENGINEERING EVALUATIONS SERVICES TO BE PERFORMED BY THE ENGINEER The engineering evaluations to be performed by the Engineer shall include the following: 1.0 Project Administration The Engineer shall provide home office project administration services as outlined below 1.1. Monitor the progress of the Engineer's services and expedite the Engineers services as required to maiutain the project schedule as agreed between the Owner and th Engineer. 112 Maintain files of all correspondence between the Owner and Engineer and the Engineer and third parties. Copies of all correspondence between the Engineer and the third parties shall a issued to the Owner. 1.3 Prepare memoranda of all conferences between the Owner and the Engineer, and the Engineer and third parties. Conference memoranda shall be issued to the Owner within 1 week of each conference. 1.4 Assign qualified and experienced personnel to the project for performance of the fin;sneer's services. I.5 The Black and Veatch evaluations identified for the following Items 1 through 7 would generally consist of a letter report with the following subjects addressed: o Description of problems a Descripption of alternatives o Economic evaluation of alternatives o Recommended alternative o Engineering, material and construction cost of recommended alternatives ITEM 1 BOILER FEED PUMP CYCLING Units 4 and 5 boilers are required to be kept in hot standby. Steam is drawn off these boilers for various station uses, As a result, the drum pressure varies from 600 psi to 100 psi and the BFP's (Boiler Feed Pitwps) on Units 4 and S have to be cycled on and off two times a day to refill the drums. The cycling of largo motors such as those associated with these BFP's is not desirable. • 42390:1 a Black and Veatch will perform an evaluation of practical alternatives available to prevent this problem. The engineering cost to perform this evaluation is estimated to be $2,000. ITEM 2- CONTROLLERS AND CONTROL VALVES The Station can no longer get repair parts for the following types of equipment: EquiRment Units Swartwout Controllers 1 4 2 Swartwout Control Valves 1 & 2 Fisher Levi-Trols 3 Fisher Wizard Controllers 1 & 2 Black & Veatch will perform an evaluation of practical alternatives to prevent this problem. The an ineering cost to perform this evaluation is estimated to be 4,000. ITEM 3- PILOT LIGHTOFF CONTROLLERS These controllers on Units 1 and 2 are obsolete and undependable. Black 4 Veatch will perform an evaluation of upgrading alternatives. The engineering cost to perform this evaluation is estimated to be $2,000, ITEM 4- FORCED DRAFT FANS Due to the cycling on and off of Units 4 and S forced draft fans, undesirable demands are being put on the motors, We have been in contact with the fan manufacturer for Unit 5 and have obtained the remainder of the information required by Allen Bradley for their analysis of the reduced voltage starting scheme. Attached is the fan speed-torque curve and the remaining required information. Black & Veatch will perform an evaluation of practical alternatives including reduced voltage starting. The engineering cost to perform this evaluation is estimated to be $2,00L, 42390;2 ITEM S- TRANSFORM PCB'S Five of, the transformers located inside the station contain PCB's. Four of these are 4160/480 V and one .s 130200/480 V. Black 4 Veatch will perform an evaluation of practical alternatives to dispose of and/or otherwise replace the transformers to preclude potential health hazards associated with PCB's. The engineering cost to perform this evaluation is $1,500. ITEM 6- STATION FIVE PROTECTION The Appalachian Insurance Company has made a number of recommendations for additional fire protection Measures at the station. A copy of some of these recommendations is attached and made a part hereof, Black and Veatch's fire protection specialist will perform an inspection of the station and ar, evaluation of the recommendations with regard to practicality of implementation, The engineering cost to perform this evaluation is estimated to be 41,000. ITEM 7- DEGRADATION OF INSTRUMENT SENSING LINES . Plant personnel report that there is a high failure rate of instrument sensing line piping and valves, especially on Units 1 and 2. It is thought to be because of age. Black 4 Veatch will perform an evaluation of the general condition and recommend an approprite maintenance/replacement program. The en iucering cost to perform this evaluation is estimated to be $I,S00. ITEM 8 - STUDY 4 EVALUATION OF HIC.ORY 4 SING SUBSTATIONS REVIEW 4 EVALUATION OF 3 NEW SUBSTATION SITES Meetings as required to gather data on bus loadings and information existing for system growth. Black 4 Veatch will prepare a letter type report outlining the data collected and recommendations. The an ineering cost to perform this evaluation is estimated to be 14,000 (2S man-days to complete) TOTAL ESTIMATBD COST OF PROJECT: $ 4239Ut3 i UWWWWLV "show INSPECTION REPORT . OF"11 AW MOCIATED PIAILS © DIFF1111ha IN CON0IT*" CITY Of 00" o TU" " POai 1•t.A r Spencer Rd. Denton, 'texas 76201 ~OEx 74302.24N ~r J. W. mail ACeouNT 23-66823 CONFERENCE Mr. W. Bale, ?It, Supt. ON March 200984 NTH This is the initial inspection report for this power generating station. RECO?9 ENDATIONS 84-3-1 For best protection, automatic sprinkler protection should be provided for the four wood constructed cooling towers. 84-3-2 To protect the large transformers against the heat of an intense oil firer, water spray protection should be provided for the four large transformers located on the immediate west side of the Main building. 84-3-3 v For best protection, automatic sprinkler protection should be provided throughout the two lower levels of the Main building. This is due to the presence of combustible lube oil in reservoirs, piping, seal oil systems, b. F. pups etc. 84-3-4 ✓ For best protection automatic sprinkler protection should be provided beneath each turbine shroud located on the operating floor where lube oil piping is located. This should include all bearing housings. 84-3-5 For best protection, a Factory Mutual approved fire retardant coating should be applied on all cable trays that axtend about the Main building. a 84-3-6 For best protection, water spray protection should be provided for the boiler air preheater units. f E (over) • Frslasrirl by faeasry Afwsu.04npfnooft Assaetptlen T%W Rpm smot ww Mee ftNw& i W@k ei"i.eNe+ "r « sw in M. herb N.,,,N 6V M A~MtM+s„ H aw Cepsra~r b s►~«s~hs M Iraenli aM eaw~YYa ~ aenlrr at Mr Yaw e1 » ~erent nsaU Nws M sre~ssN,. M i wet MrwsM~ M My1v Mbt MI eY~ IIIe11~>r M Yrt R/eeU1AUw Iw1~Nanaa ~MM b gAlre w Mrs terasM N N brwywes FaNdp. Ne erw -w- Is a womm M anew at 0A Rpm ar N's eww 0e*0V M wsarw o" MM 00 4" Mm wssw M tyres iq VW*. in associate t. 777 t. , ~ ..fir lniex lids 74802.?9!f TO preinnt possible str;icturol daguge in the event of lobe oil fire, a factory mutual aproved fire retardant coating should be applied to all building steel support eolesaas, unless winkle MAX w "I COMM This plant is located on the southeast side of the city of Denton. Texas near the Golden Triangle Shopping Mall. Exposure from all directions is slight being 614stly wooded areas. This plant is generally used for peaking purposes as bast.loading is supplied by the TMpA Elettrie Cooperative. During this visit, only unit No. 5 was in operation. The !fain Building is constructed of concrete roof and floor on unprotected steel columna. The exterior walls are brick or aluminum panels. The intermediete floor beneath the concrete operating floor is of open metal grating. There are 5 turbogenerator units at this power plant. For simplicity they are taburlorized below. Unit Date Size (kW) Type Coolin • Installed B Optr. Temp. Output 1 1955 12,650 Triple/Auto Water 830°F 13.8 1955 12,650 Triple/Auto Water 8'30°F 13.8 3 1962 321000 Tandem-Compound H2• 955°F 13.8 4 1%6 610000 Tandem-Compound H2 955°F 14.4 5 1973 65,481 Tandem-Compound H2 9550F 14,4 All units are manufactured by General Electric. Units Nos. 1 and 2 are water cooled while Units Nos. 3, 4, and S are hydrogen cooled. Hydrogen is safely arranged and monitored. All units art single heat, and are equipped with appropriate alarms and trips. Each unit has a shaft driven lube oil system with associated guarded piping. Emergency steam, se and do backup pumps are provided. Oil reservoirs each contain sows 704.800 gal. of oil. (F.p. unknown). Hydrogen seat oil units for Uniti Nos, 3, 40 and 5 share the lube oil reservoirs for seal oil. The seal oil units are located at basement level and the oil reservoirs and pumps are generally located at the grated metal mezzanine level. (over) EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD April 22, 1986 10. CONSIDER ENGINEERING CONTRACT WITH BLACK 8 VEATCH ON POWER PLANT IMPROVEMENT AND FUTURE Tullos explained that the Utilities Staff recommends to the Public Utilities Board approval of subject General Services Engineering Contract and Scope of Services. Recent insurance recommends tions/requiresent s will be studied for engineering recommendations. Proposed modifications and improvements to improve reliability and operation will be studied and recommendations made for implementation at the Spencer Plant. Long range modification/renovation studies will be made for the King and Hickory Substations as well as conceptual design and location for future substations which will be required for the system. Thompson motioned to approve the contract with Black $ Veatch, Engineers up to $290000. Second by Coomes. All ayes, no nays, motion carried unanimously. *.SA , .,~..prr'vr-.rw.-. .-..-...y-~-.....,-..--•,.-.. -.fie 1444E 10 ~s I NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-MAY TRAPPIC HIGHWAY 35 SOUTH BETWEENNORTH HIGHWAYE 38EAST 0 AND FRONTAGE HIGHWAY ROAD 0 AND TFOR ONE-MAY TRAFFIC FROM NORTH TO SOUTH ON THE ':AST FRONTAGE ROAD Or INTERSTATE HIGHWAY 35 BETWEEN HIGHWAY 380 AND P.M. 1173; PROVID- ING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.06 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the east frontage road of Interstate Highway 35 from its intersection with Highway 380 to its intersection with Highway 77 is hereby restricted to one-way traffic from south to north, iLLLON I I , That the west frontage road of Interstate Highway 3S from its Intersection with Highway 310 to its intersection with Farm-to- Market Road 1173 is hereby restricted to-one-way traffic from north to south. SECTION III, That when signs are in place giving notice thereof, any per. son who shall violate the provisions of this ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). SECTION IV. That this ordinance shall become effective fourteen (11) days from the date of its passage. and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1986. RAY~STEItAENS; RYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY STCPBTXKY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS B Y t m.~... ID cffyof DENTON, TEXAS MUNICIPAL BUILDJNO / DENTON, TEXAS 70201 / TELEPHONE (017) $46-8907 Office of the City Msosper M H M 0 k A N D U M TO: Lloyd V. Harrell, City Manager FROM: Mick Svehla, Assistant City Manager DATE: June 6, 1986 SUBJECT: Additional Information on One-Way Frontage Roads on 13S north of University Drive We have been able to have further discussions with the Highway Department concerning the scheduling of a signal at 380, The Highway Department is anxious to begin. In fact, they said if the ordinance passed they would be moving that project up in priority. They are now projecting that a letting date between January and March of 1987 could be accomplished if the ordinance is passed. If that letting date is accomplished then the signal would be in operation some time next summer. It would also mean that the signing and the operation as one-way frontage roads would begin during the first three months of next year. We have also done some additional field work for your information. Using the access to the east which include3 a piece of Payne Drive and Bonnie Brae, it takes i.pproximately S minutes and 30 seconds. If you start at the extreme west c-nd of the Greenway Club Estates subdivision, thc; mileage is 2.7 miles back to the intersection of US380 and I76. If you would use the northern one-way route and approximating 30 seconds of time at the proposed intersection of 288 and 135, it would take you approximately 4 minutes and 30 seconds and you will travel 3.1 males. If there is any further information that we can gather before the meeting, we would be happy to try and do so, . ioa~ C V@ a Assistant City Manager ji/2946M MINUTES April 7, 1986 PRESENT: Gilbert Berstein, Chairman - Doris Chipman, Gene Gohlke, Dan Martin, John Tompkins, Wayne A,strey, Virginia Gallian, Bruce Chamberlain ABSENT: Vivian'Edwards The meeting was called to order by Gilbert Berstein at 5:30 p.m., on Monday April 7, 1986. Wayne Autrey made a notion to approve the minutes of March 3, 1986 and Dan Martin seconded the motion. Motion passed unanimauPly. TEM_N2 CON RIDER CREATING ONE-WAY SERVICE ACADS ON I-35 FROM „O- y MIUMWAT 35U Joe Thompson, 'traffic Foreman, presented viewgraphs showing the traffic flow. He reported in 1963 there was 41 accidents, 1984 - 34 accidents and since the beginning of 1986, 22 accidents. Gilbert Berstein asked if anyone was present to speak in favor or against the proposal. M Hunter Warrell, residing at 212S Greenway Drive, came forward to speek in opposition of the request. He said it was .3 miles to 380 from his home if changed it would be 1.8 miles longer. Mr. Warrell asked if a curb cut could be made at one of the south streets, such as Greenway Drive, to get to 3800 In that event he would have no objection. Pete Hale, owner of the Shell service station at mass and 380 came forward to speak in opposition. he said Mesa Drive was already overloaded. If the service road were made one way, it would direct more traffic up Mesa Drive. Eighteen wheelars uften block Highway 38U and traffic flows up the service road. Dave Bligh game forward to speak in opposition of the request. Ke said if the lights were synchronize4,it would solve the problem. Presently, he was only 3 blocks from the hospital if changed he would be 1.3 miles from it. Dan Martin asked how many residents lived in the area. Mr. Bligh said 40-SO houses, some townhouses plus a new development to the east. Past 2 of 4 pates Roy Metzler owner of Metzler's Grocery, at the corner of 1SS and $80 said it would cost s lot of money to advertise a new route to the hospital. Beier next to the Shell Station, his customers have to go out 50 feet to go up 300. It theY hit a red light, it would be a long wait. Gravel trucks and eighteen wheelers, would cause a greater stack up. Roy Metzler sat: McKinney had a similar situation at 380 and 75. 'fhey have double stop signs. Gilbert Berstein said he bCieved those were one way service roads which now are signalized. John Miller, District Engineer, from Dallas District ,1clinneywaylntersoctl n c was fosimilar Hto aaL35/380 intersection, The frontage roads in McKinney were two way for a long while. There was flashing lights but the difference was you stopped at both intersections. The distance from the intersection in McKinney was further than 135/380. McKinney finally after a long period of tiate, decided to change the fronts a roads to one way. At that time, the state starte plans to signalize that intersection and a diamond Intersection further south of 7S, The change over caused no major problem. McKinney seemed to be nappy with the signalization. John Miller said the Highway Department wanted one way frontage roads for many years and it has been a policy of the district not to signalize a diamond intersection on road access as long as there are two way frontage roads. going one direction out of the interse^tton and one way frontage roads going another direction which is the situation. He said, the Highway Department had told the City of Denton a number of years ago as soon as that section of the frontage road was one way they would initiate actions to cause fill signalization to go in at that location. It was his understanding the frontage road in that section would be going one way. The question was when. The City Council already passed the resolution statInE the frontage road would change to one way. The latest date would be wnen the bridge was built over 13S In conjunction with the second phase of Loop 188 construction which is estimated to be rou,hiy 4 years off. That section of frontage ros,d woufd have to change to one way. The intent was :o try and change the frontage road before that t:me and to gget fully actuated signals. Mr. Miller said inquiries had been received from the Governor's office concerning the intersection. Citizens of Denton had written the Governor's office in Austin complaining and asking why there wasn't signals at a Page 3 of 4 pages the intersection. The Highway Department had to do a history sumatiun on the intersection in response to zh a Governor's request. That was what brought it up sgaia about six months ago. It has been the Highway Depbrtment s t,ntent that one way frontage roads are safer on any controlled access facility. Accident statics pprovri th t. Mr. Miller said they would like to init&to pans #or signalisation at the intersection as soup as possible but couldn't do so until -some, commitment from the City was made to change the frontage road to one way. Wayro, Autrey asked if 135 was going to be widened and was the overpass at 380 goingg to be widened, if so, would that affect the signalixation that was put in. Mr. Miller said at the time signal+.zation was put in, they would look at future plant and try to put signalization in that could be rea}usted or they would locate things so it wouldn't affect it later. John Tompkins asked how far north the loop over 135 would be. Mr. Miller said the bridge would be closer to 135 and 77 intersection. Gilbert Berstein asked the staff how the accident rate compared with other areas in the City. Joe Thompson said it was in the medium range. Dan Martin asked Mr. Miller why the State wouldn't go ahead and signalize the intersecton, Mr. Miller said the State wouldn't consider the additional money to signalize the intersection with two way frontage roads knowing just a few years down the road it would be going to one way frontage roads. Mr. Miller said there was one other option, to ahead and make both sides all way stop at both intersections in an attempt to cut down accidents. This would cause stack up and delay. STAFF kECOMMENDED: Approval COMMISSIUNERS: Gene Golke made a motion to accept the City Staff recommendation. Vorii Chipman seconded the motion. A roll call vote was taken. Doris Chipman, yes - Gene Golks, yes - Mayne Autrey, yes Virginia Gallian, yes Gilbert Berstein, yero John Tompkins, no Dan Martin, no - Bruce Chumberlain, no. Motion passed to approve the change to one way service road. ITEM #3 CONSIDER TRAFFIC STUDY TO ELim mrs MCKINNEY AT This item was postponed due to the traffic study not coming in. z_ ry r, p~A } tia CgT'1~ Al D&VTOM, rMS MUNICIPAL BUILDING / 215 E. MQKINNEY ST, l DENTON, rEXAS 10201 MEMORANDUM DATE: April 7, 1986 TO: Citizens Traffic Safety Support Commission PROM: Jerry Clark, City Engineer SUBJECT: Consider creating one-way service roads on 135 from Highway 390 to Highway 77 business route There has been a fairly high accident rate at Highway 38U at 135. The intersection is only partially controlled by flashing yellow and red beacons. These function well when propeer degrees of courteous driving are used. During peak hours traffic loads the intersection now handles is great enough that stacking occurs. This reduces the drivers desire to act courteously and accidents result, Without the service roads being one way north of Highway 38U, the intersection can't be signalized. A traffic signal can only handle one way traffic facing a signal beacon both legally and in practice, other access now exists to the Greenway Club Estates area. Payne Drive., has now been linked to Thunderbird creating a route to Highway 380 down Bonnie Brae. Those people nave adequate access now both for fire safety and comfortable driving distances without the two-way service road. Persons on the west side of 135 have access from Mesa Drive to :All the side roads, Since Mesa has recently been resurfaced, it is a good quality access. In summary, to solve existing problems, (Highway 38U at 135 Intersection) while also planning for the future (widening of I3S to 6 lanes from Hickory Creek to Highway 77 Business - currently under study by District 18) the service roads should be changed to one way travel. The staff definitely recommends app royal since the recent Zonnection of Thunderbird to Westgate eliminates the remaining access problems, Jury Y rk, P.E. Cf'ty E inter 003876 81715004= DIFW METRO 491.2JT0 . NCM 0" of DUr" D=rON, rg"S 7e:01 !larch 18, 1966 Dear Property Owners/Business Owners/Residentss Us. MAKING 39RYIC9 ROADS ONB-WAY ON I-35 fROK HIGHWAY 380 TO HIGHWAY 77 BUstwgSB The City of Denton is very interested in making the service roads on I-35 work as one-way access from Highway 360 to Highway 77 Business Route. There are two major reasons for wanting to change from two-way to one-way operation. First, the intersection of I-35 with Highway 360 needs to be signalised. Until the service roads are one-way, the traffic signal cannot be installed since the signal heads have to face traffic. The traffic at the above intersection has greatly increased over the past two years as have the accidents. The State Department of Highways is interested in installing the signal if the service road problem can be solved. Seoond, the State Department of Highways has funded a study to look at expanding I-3'; to six (6) lanes from Hickory Creek (at Lake Lewisville) north to Highway 77. For this olasstfication of major highway, the service roads have to be one-way to allow proper signaltzation for capacity at intersections. If the intersections do not have proper capacity, the entire road will function then at the lower level of service. Your input and attendance is requested for the Traffic Safety Commission meeting on &g,J 7. 1986, at 5:3(1 The Commission hee speoifioally requested that all interested parties come and give their input through participation in the meeting, Sincerely, Jury a' rk city Bng,ltiser so 12598 Traffic Accidents I--35/Highway 380 Total - 163 100 90 AO C 70 66 60 a 30 44 0 41 40 34 30 20 10 0 1983 1884 1985 ff Frill • • . 4r L /r ` . . J f :AIL w 1 t fr r, • I I 1lr 9, *slow .0 %as i REM' COMMISSION STATE DEPARTMENT OF HIGHWAYS ENOrNEER•OiR(CroR 0004Rr Lr AWIR, CMAMMAN AND PUBLIC TRANSPORTATION MARK 0. 0000( NOWAT H. o60MAN P. 0. Box 3067 JOMN R. wn(R, JR. Dallas. Texas 75221-3067 February J. 1986 IN REPLY RIPER to FILE No. Control 195-3 I.H. 35 Frontage Roads with U.S. 380 In The City of Denton Denton County Mr. Jerry Clark, P.B. City Engineer City of Denton Municipal Building Denton, Texas 76201 Dear Mr. Clarks Thia office conducted a traffic study of the above intersections in Decembtr 1976. This study indicated that tk,e i1stallation of flashing beacons would be beneficial to motoristR• The flashing beacons were funded and installed by the state and turned on July 17, 1975. A before and after accident study showed a tot,l of 27 accidents in the year before July 17, 1975, and 16 accidents in the year after the flashing beacons were installed. rn September 1978, the City of Denton requested traffic studies at various locations including the above intersection,(, our letter to the City dated October 3, 19780 stated that the intersection of I.H. 35 frontage roads with U.S. 380 would not be signalized until the frontage roads north of U.B. 380 are converted to one-way operation. This conversion would require the pe,ssags of an ordinance by the City of Denton. The City responded that because of a subdivision located to the east of I.H. 35 and to the north of U.S, 380 that only had access to the east frontage road of I,H, 351 they did not wish to change the frontage roads to one-way operation in this area until another access to this subdivision was opened. Our letter to the City dated July 3, 19790 stated that we will be unable to signalize the interchange at this time, but will restudy the interchange when both frontage roads are one-way. Mr. Jerry Clark, P.E. February 6, 1986 Page 2 We have recently received new requests to signalise those intersections, and we have reason to believe that another access to this subdivision was opened in the past few weeks. Therefore, we request the City of Denton to pass an ordinance at this time changing the I.H. 33 frontage roads to one-way operation from U.S. 380 to the north intersection with U.S. 77 Business Route. When the ordinance is passed, the State will change the signs and pavement markings to convert to one-way operation in this section. We would also, at that time, proceed with the planning and plan preparation to install full traffic actuated signals at these intersections by contract as soon as possible. if we can be of further assistance to you on this matter, please contact Mr. John H. Miller, Jr., District Traffic Engineer, at the above address or by telephone at 211/320-6236. Yours very truly, Robert G. Yi ding District Eng neer ` i r N 360 E AST 380 WEST 1 . t r ' i 1 .ter r . 3aG BAST wow no wtS x IM. i Aid ORDINANCE RESTRICTING THE FRONTAGE ROADS OF L.K. 35 BETWEEN THE NORTHERN CITY LIMIT LINE AND U.S. 77 TO ONE.WAY VEHICULAR TRAFFIC', . PROHIBITING TRAFFIC FROM SOUTH TO NORTH ON THE WESTERN FRONTAGE ROAD AND FROM NORTH TO SOUTH ON EASTERN FRONTAGE ROAD: PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLAA.S ($200.00); PROVIDING A SEVERABILITY .CLAUSES AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the frontage roads of I.H. 35 between the northern City limit Line and U.S. 77 are hereby restricted to one-way traffic, so that the western frontage road between the said limits be limited to traffic from north to south and the eastern frontage road between the said limits be limited to traffic from south to north. SECTION II. That the frontage roads of I.H. 35 between U.S. 77 and U.S. 380 will be restricted to one-way traffic upon completion of Loop 288. SLCTION III. That when signs are in place giving notice thereof, an individual adjudged guilty of violating this ordinance shall be guilty of a misdemeanor and punished by a fine not Lo excaed Two Hundred Dollars ($200.00), T%at if any section, subsection, paragraph. sentence, phrase or word in this ordinance, or application thereof to any person. or circumstance is hald i.nl alid by any court of competent jurisd:ct.on, such holding shall not af:ect the validity o° the remaining portions of this ordinance, and the City Council of the City o! Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. ~~".11.1 0 K - V & That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby 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 1983. ~ .r I AR EWART, MAYOR CITY OF DE ON, TEXAS ATTESTi zzo CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, "ERAS APPROVED AS TO LECAL FORM: C. J. TAYLOR, JR., CIT'! ATTORNEY CITY OF DENTON, TEXAS SY f R E S O L U T I O N WHEREASs determined the City Council of the City of Denton, exas, has acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and WHEREAS, the Ci:y of Denton has been unable to agree and cannot agree Kith the owners upon the value of the hereafter described ri ht, title and interest in the hereinafter described land situate in the City of Denton, Denton County, Texas= NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I, The City Council hereby finds and determines that it to I neceosary to acquire the hereinafter described right, title and interest in the hereinafter described land, and that it is ! necessary that it authorise proceedings in Eminent Domain to acquire the right, title, and interest in the hereinafter described property. SECTION II, yy of he tCityhofl sntoni,ttis, herebyneauthorized andindirectedhato bring condemnation proceedings to obtain a storawater drainage Denton,1t TeIn, over, and xas, described in Exhibited"All, situated the yand incorporated herein by reference, for the purpose of construct- ing, reconstructing, repairing and maintaining a stormwater drainage easement in, on, and under said property, SECTION III, This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the day of 1986. i RAT STEPHERS MAYOR CITY OF DENTaN, TEXAS ATTEST: F D CITY ENTON$ TIM$ APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCp, CITY ATTORNEY CITY OF DENTON* TEXAS BY1 r EXHIBIT "A" FIELD NOTE DESCRIPTION DRAINAGE EASEMENT BEING a tract of land situated in the S.C. Hirams Survey, Abstract No. 616, City of Denton, Denton County Texass, being a part of a tract of land con, veyed by deed as recorded in Volume 797, Page 793, Deed Records of Denton County, Texas and being more particularly described as follows (with bear- ings referenced to the plat of Sunburst Place Two as recorded in Cabinet E, Page 245 of the Denton County Plat Records); BEGINNING at a 1/2 inch iron rod found for the southwest corner of a tract of 11nd conveyed by deed to Charles E. Bounds as recorded in Volume 1117, Pagr 371, Deed Records of Denton County, Texas, said from rod being in the east line of a tract of land conveyed by deed to Andrew Novodomsrky as recorded in Volume 1123, Page 831, Deed Records of Denton County, Texas; THENCE South 830 00' 31" East, departing said east line, and along a south line of said Bounds tract, a distance of 50.00 feet to a point for corner; THENCE South 420 43' 29" West, departing said south line, a distance of 40.03 feet to a point in the northeast right-of-way line of Dallas Drive (variable width). THENCE North 470 16' 31" West aloe distance of 30.94 feet to a point for 4corner,tsaidtpointtbeingaInlthe,east ' line of the aforementioned Novodomstky tract; THENCE North 010 01' 09" East departing said northeast right-of-way line and along said east line, a distance of 14,80 feet to the POINT OF BEGIN- NING and containing 0.0223 acres or 980 square feet of land. ALI AL-KHAFAJI "TRACT B" DATE: 6/10/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the city Councii PROM: Lloyd Harrell, City Manager SUBJECT: Adoption of a Resolution authorizing the City Manager to submit an application to the Department of Housing and Urban Development for 1986 funds. RECOMMENDATION: The CamImity Development Block G:.•ant Caimittee reoo mmenis approval. SUMMAR Ys 'this resolution is a portion of the city's CDBG application to HUD for $470,384 in 1986 funds. BACKGROUND: The ComTunity Development Block Grant Committee recrnn approval for the funding categories at its meeting of Tpril 14, 1986, PROGRAMS] DEPARTMENTS OR GROUPS AFFECTED: The CDBG section of the Planning and Com uni ty Development Department will administer the program. FISCAL I14PACT: There will be no impact on the General ft-d. Respectfully submitted: Prepared by, Lloyd ]we City Manager ! Ell Zvi ans , Corm)nity Development Manager i A prpr c s Jef f MYt}fo } Plarn uV i community Development Director xn 1 ~y ia+ast, R B S 0 L U T 1 0 N A RESOLUTION BY THE CITY OF PENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIPICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, WHEREAS, the 'City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as an entitlement City, has prepared, through a citizen participation process, a program for utilizing Its first year entitlement funds in the approximate amount of $470,384; and WHEREAS, the public hearing will have been held In accordance with the low; and WHEREAS, the Act requires an application and appropriate certification; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: SECTION 1. The City Council of the City of Denton, Texas, authorises the City Manager to sign and submit to the Department oL Housing and Urban Development a grant application and appropriate assurances for entitlement funds under the Housing and Community Development Act of 1974, as aneudad. SECTION it. That the City Council of the City of Denton, Texas authorises the Director of Planning and Community Development to handle all fiscal and administrative matters related to the application, the Housing Assistance Plan and the assurances. PAGE 1 i SECTION 111, This this Resolution shall take effect immediately from and after its passage. SECTION IV. That the City SecrAtary it hereby authorized to furnish copies of this Resolution to all interested parties, PASSED AND APPROVED this the day of 1986. CITY OF DENTON, TEXAS ATTEST: CURLOTTS ALE,CITY WRE'117 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS B Y : Zama, LI'+d4Gl db~J PAGE I FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS The objective of the City of Denton's Community Development Block Grant Program is to support activities which are directed toward the specific-objective of development of viable urban communities by-providing decent housing, a suitable living environment, and expanding economic'opportunity, principally for persons of low and moderate income. The City anticipates receiving approximat@ly $470,384.00 for its 1966 program year. Proposed activities and objectives are as follows; 1. Housing Rehabilitation $2500000.00 Continuation of the 1984 and 1985 program to rehabilitate substandard houses inhabited by low or moderate income persons living in the city., Objectives To bring existing housing stock into compliance with housing code and arrest deteriorating neighborhoods in the target area. 2. Neighborhood Center. Phase II 126,384.00 Costs for the initial construction phase of the Community/ Recreation facility to be located on Newton Street between Morse and Wilson Streets. Objectives To improve the quality of life (,nd promote neighborhood stabilization in the targeted area. 3. Administration $ 94,000600 Program management, coordination, monitoring and evaluation associated with carrying out eli5fible grant activities A total of approximatbty 85% of the funding listed above will be used to benefit low and moderate income persons, Any citizens or groups wishing to comment on tho proposed Community Development Block Grant projects should contact the City of Denton, CDBG Office, 235 W. Hickory, Denton, Texas 76201 or phone 566-8480. 0162o Official Minutes Community Development Block Grant April 14, 1986 at 7:00 p.m. Present: August Brown, Birdell Carstarphen, '.jucy Campbell, William Hamman, Jo Luker, Lovi• Price, and Connie Wells Absent: Reboc:!a Cantu, Sibyl Evans Present from staff: Elizabeth Evans, Community Development Managers Barbara Ross, Community Development Coordinators Penny Black, Clerk 1. Chairperson, Ms. Wells, called the meeting to order at 7:10 p.m. The staff gave the committee members an update on the public hearings. Ms. Evans said the March 31 meeting consisted of CDBG staff and committee members, and the April 3 meeting consisted of CDBG staff only. The bad weather was a possible factor in the community's absence for the April 3 meeting. II. The past and present requests were reviewed along with the expected amount of funds to be received for 1986. Ms. Evans mentioned a possible future increase, if the bill against the $500 million deferral was passed and that approximately $200,000 was cut from the 1986 funds received of $610,000. Ms. Evans said that the expected amounts of funds for 1986 is $470,384. Ms. Wells asked what monies were already subtracted from the expected funds for 1986. Ms. Evans quoted the estimated figures from our budgeted amounts for the 1985 projects in relation to the completion of our three year HAP goals. 90x000 for salaries, supplies,•echools and seminars 250,000 for-housing projects and housing rehabilitation 2,700 per year for rent which is $225 per month Me. Luker asked whose salaries came out of the administrative account. Ms. Evans replied the immediate CDBG staff, 1/3 Jeff Meyer's salary and 1/2 of a city planner's position. She also informed the committee that the anticipated budget for 1986 would not include any salaries other than immediate CDBG staff from the administration account. She also assured the committee that the planner position had already been deleted from the 1985 funds. 7:20 p.m. - Birdell Carstarphen arrived at thi's time. Official Minutes CDBG April 14, 1986 „ Page 2 Mr. Kamman asked what actions were taken for the housing rehabilitation to comply the the 1966 cut. Ms. Evans replied in 1985 we spent-$305,00 on housing rehabilitation and in 1986 we've budgeted f250 0000 which did reduce the budgeted years amount by 155$000# she also gave a statistical summary of the owner occupied rehabilitation program and how well it was going, r Ms. Wells reviewed the committee on the amount of funds left over from the $470,384. She said $126,000 from CDBG funds and $120000 from Mr. Branch's donation would give them $138,000 for beginning some type of phase construction for the neighborhood center. She asked the members for other requests for the center. Ms. Evans explained the requested funding categories to be ranked and their requests. phoenix Apartments, an item on the request form was discussed. Ms. Evans said Denton Housing Authority (DHA) had requested $138,000 over the next three years for rehabilitating so a of their structures. She said out of 1985 funds, 40,000 was budgeted and allocated towards this project, Ms. Carstarphen said she believed the rehabilitation of these apartments was a good idea for the city and DHA to participate in to better the public housing situation in Denton. Ms. Wells asked if DHA had a Board? Ms. Evans said yes, but she wasn't familiar with any of the members. Mr. Brown felt DHA should consider applying for some of HUD's funds for public housing and as a result more fundi could go towards the neighborhood center. The majority of the committee felt the DHA request for assistance should be deleted from the 1986 budget. Mr. Brown asked about the Demolition and Lot clearance program. Ms, Evana sa+.d $30,000 was budgeted in 1984, which is almost all spent and $30,000 is budgeted for 1,985, which should cover all consent demolition projects with possible monies left over if a large number of request aren't received. official. Minutes CDBG April 14, 1986 Page 3 7;30 p.m. Lovie Price arrived at this time. The neighborhood center was discussed at this time. Ms. Evans told the committee that the staff and the Parks Department would be working together on the plans for the canter. She speculated that there would be plans ready in two to three months. Ms. Wells asked if the other center's plans could be used as a guide and modified to fit the citizens request for the center. Ms. Evans informed Ms. Wells that an architect would still be needed to review the community center's plane and then make modifications. She suggested as a starting point, possibly some playground equipment or a helter area and some landscaping could be done with the 138,000. Ms. Campbell expressed her concerns for the ;Eater. She believed playground equipment installed prior to construction could create a dangerous situation for children once actual construction got unlerway. Ms. Campbell also felt Fred Moo 're Park had enough playground equipment at present and all monies received should be put towards the planning stage for the center. At this time Me. Evans told the committee of the City of Arlington's strategy with CDBG funds for the past Wee years was to acquire funds to build a center. In response to a question regarding the need for housir,g rehabilitation, Ms. Evans said that although they are only interested in receiving funds for the next three years, so sdme guidelines and requirements of HUD were being disregarded. Ms. Campbell expressed her concerns for the housing rehabilitation program. She asked if necessary repairs such as plumbing, electrical, and roofing only be repaired and the cosmetic repairs be deleted so that more money could be saved. Ms. Evans said yes only necessary repairs could be done, although many homeowners requested the cosmetic repairs. She also believed cosmetic features motivated other homeowners to participate in the program or to make home improvements themselves. ui'ticial Minutes CDBU April 14, 1986 Page 4 " Me. Campbell asked who inspected the houses? Ms. Evans said the CDBG staff and a city inspector. Mr. Kamman expressed his concerns for continuing the rehabilitation program as he believed it was a beneficial program for the city. Mr. Brown asked what Denia and Northlakes cost? Ms. Evans replied around one million dollars. Ms. Wells asked how many square feet did the other centers consist of and was the parking lot and drainage included in the price? No, Evans replied about 11,000 square feet at $40 to $50 a foot totaling $400,000 to $550,000. Ms. Luker said if the center was built according to the information the committee had, $418,000 would need to be added to the existing $138,0000 ill. Of all additional options offered after administration and housing rehabilitation, Ms. Wells said het'41• priority ranking was for the center. She then asked for & motion for the proposed use of the $470,384 funds for 1986. Me. Luker made a motion that the required housing rehabilitation and administration be done and that the remainder of funds be used towards the neighborhood center. Birdell Carstarphen seconded the motion, all in favor - 7, opposed - 0. Mr. Brown requested the staff to speak with architects about phase construction and begin by building a meeting room, kitchen, and bathroom. Ms. Wells asked the staff to call a meeting when the consultations with the architects began, and to get rough estimates of Denials cost per square foot. IV. Meeting adjourned at 8:15 p.m. 0236e A111d r June 10, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Resolution Authorizing Execution of Power Line License with MKT Railroad Company. RECOMMENDATION The Staff recommends approval to the City Council to execute the license agreement dated 6/1/86 for a power line crossing. BACKGROUND/SUMMARY Property has been zoned and platted and construction is expected this summer for an auto dealership on the 135E service road approximately 6001 southeast of Paige Road. In order to furnish electric service to this new customer, it is necessary to extend an overhead 13.2 KV three phase power line across the railroad right of way, I'RUGRAMS,, DEPARTMENTS UK GROUPS AFFECTED Denton Municipal Utilities and customers FISCAL IMPACT A $915 Nee is required. The construction of facilities to serve the customer construction/temporary and permanent service will be approximately $3,000. Prepared by: Respectfully submitted: E. B, Tullos Asst, Director of Electric oy ar re3T, City manager Utilities.- APPROVED BY: e so , Director of Ut hies EXHIBIT I- Resolution II - License 4337U:9 f1 1 I~ t R E S O L U T I O N BE IT RESOLVED BY THJd CITY COUNCIL OF TH8 CITY OF DENTON, TEXAS; • The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License E Agreement dated June 1, 1985, between the City of Denton and the 1 Missouri-Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and installation of one aerial electrical distribution line containing a maximum of 13,2 KV at Mile Post K-725,83, Denton i County, Texas, PASSED AND APPROVED this the day of 1986, RAY ST ~PHUNSj MAYOR CITY OF DENTON,TEXAS ATTEST: i CRARLOTTE ALLEN9 CITY SECRETARY CITY OF DENTON, TEXAS r APPROVED AS TO LHGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: O V+µ+ I f POWER LINE LICENSE THIS AGREEMENT No a this. Ist~ &y 0( June 19 86 between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter tailed "Licensor", and CITY OF DENTr)N TEXAS hereinafter called "Licensee", WITNESSETH: ARTICLE 1. 1. 1=1 This agreement shall take effect the data 1,#reof, and unless sooner tersi- noted as provided herein, shall continua in force so long as us" for the purpose berein set out for a period of tan (10) rears, or until terminated by either party giving the other party not less than thirty (30) days' advance notie in writing of an intention to terminate the samm, the agreement to tarminete upon the expiration of such terns or noel!!, whichever occurs first. Licensee is hereby given a renewal option at a price and tam to be negotiated no sooner than 120 days or loss then 30 days prior to the ovirstion of this term. In the avant the amount of renegotiated rental is not agreed to in writing by both parties, prior to the sstgniration of the tars of this lieestse, this liesnu shall outomsti- eally torminate without notice, effective the last day of the attpiring teas, 2. Consideration turd Description; In consideration of---NINE HUNDRED FIFTEEN AND NO/lO ( 915,00 )DOLLARS. receipt of which is hereby acknowledgxl, and of tlis covenants of Licenseeas hereinafter set forth, Licensor herebygnnts a license and permission to Licensee to construct, reconstruct, use, maintain, ,repair and install one aerial eiectricaL jigtr butio+l„iine containing a maximum of 13.2 KV at Mile-PnAt X=77%-AX situated on, across or along Licensor's property at or near Denln__T is the County of Denton and Statt of Texas For convenience, the said power line wish all towers, poles, wires and appurtenances insafar as they relate to said power line upon said right of way is herein called "Crossing", The location of said Crossing is more particularly described as follows: Said aerial transmission I.Lne crosses said Railroad Company's premises at an angle of 90 degrees 00 minutes, more or less, measured east, tangent to curve, from the centerline of said Railroad Company's Denton Subdivision main track at Mile Post K-725.83, being main track valuation chaining station 1703 plus 08, distant'. 479 feet, more or less, measured east along the centerline of said main track from the centerline of Page Road main line cha. sta. 1707 + 87 Opposite Mile Post K-725.74 D.O.T. No. 414 688 X, Said wire line is not within the limits of a public crossing, . ireeaaee'a>rsdertakes aced ai+ $M e 1h s All crossings dull be constructed strip accordance with th th , nresnstrutt:d. used. maintained, operated, repairedana initialled in e specifsntions for the time current of the National Ekctrieal5afely Code--Pan 2. %Safety Rules for the Installation and Maintenance at' Electric Supply and Communication Lines . Provided that all material and`v►t4man•hip employed in the construction, reconstruction, use, maintenance. operation, repairs, and installation of the Crossing shall tk subject to the approval of Licensor'si hief Engineer. In an%tvent, hooe%er, said Crossing, if aerial, shall clear the rails of any track of L icensor at least thirty (30') feet, and no poics shall be placed nearer than fifteen (1 S') feel to the main track oran% y side track, The Crossing over any track shall be as nearly as possible at right angles, U said Crossing is hurled. it shall be placed ins conduit a here the top of the conduit is st least five and one-half (S'tr) feet beneath base of rati and five and one-half (51x9) feet beneath surface of ground at all points within. Licensor's right of way, 2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premise affvctyd hereby pursuant to a lease or other permission granted by Licensor, so that Licensee's said Crossing will not uni easonahk interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying thepremiscs. 3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever such damage shall be caused. whether by the negligence of Licensor, its agents, employees or otherwise. Licensee assumes the risk of, and shall protect, indemnifyand hold harmless Licensor from and against all liability for or on account of injury to or death of any and all person, or damage to property, including livestock killed or injured. resulting from or incident to the construction, maintenance, use, operation, relocation, reconstruction orexistence of said Crossing on Licenser's premises, or the remora) thereof, from said premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided, whether such injury, death, or damage shall be caused or contributed to by the negligence of Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others legally using its right of way, from all claims, demands, suits or actionsgrowing out ofany such loss, injury or demands, including investigation costs, court costs, and sttomey'sfees resulting in or in any mannerarising from the risks herein assumed by Licensee. Licensee further agrees to immediately investigate any such claims, demands, or suits and shall defend. settle and'or otherwise dispose of the same at its sole coat and expense, In the event Licensee settles any such claims, demands, or suits, it shall obtain a release which includes Licensor. Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee max suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or an% part thereof, 4, Waiver: To waive all right to question the validity of this License or any of the terms or provisions hereof, or the right or power of Licensor to execute and enforce the same. ARTICLE III. It is mutually agreed by and between the parties, as follows: L(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a condition satisfactory to Licensor, Licensor may request Licensee to change the, location of the Crossing, or any pan thereof, or to snake reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use or operation of Llscnsor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or otherlines on Licensoe's right G(way, and in the event it is found necessary for Licensor to use itsentire right of way, orany portion of h occupied by the Crossing, Licensee shall at its sole expense, and within thirty (30) days after notice so to do, (or upon shorter notice in caseof tmtrgeonr y), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by (b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe conditions in and about said Crossing ores to the protection of wires from electrical interference on Licensor's propertyor to make any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, orchange of location to be'made, or repairs to be made, or Crossing to be removed from Licepsor's property, Licensor acting as the agent of Licensee, and may perform such work as is necessary to the judgement of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the whole cost thereof, plus teu (10t/"() per cent thereon as a charge for supervision, accounting, and use of tools: or Licensor may terminate this License by giving to Licensee not less than ten (10) days' advance written notice of its intention so to do, 2, Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of Licensee's covenants herein contained, or If the right of way is required fo,• other purposes by Licensor, and no reimbursement shall be made for Lixnsee's expenses incurred in the removal of this crossing or the consideration paid for this License. No termination orexpiration shall affect the rights aid liabilities, if any, of the parties hereto then existing, 3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph I of rticle I, or Paragraph 2 or 4 of Article 111, or otherwise. Licensee shall promptly remove said Crossing from Lkensor's right of v. and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Lie"meshall fail :o remove Crossing within thirty (10) days after the termination of this agreement. Licensor say remove the same, and charge the c therefor to the Licensee on the basis provided in Paragraph I(b) of Article Ill. 4. Nlhett hNoim (a) This License Ind all of the provisions herein contained xhalt he binding upon the parties hereto. their heirs. executors, administrators, successors and assigns, and Licensee agrees to supple notice in writing to Licensor `+f am name changes, Licensee agrees not toassignthis License or airy intereit therein, without theconscnt of Licensor in writing, and an+ and escry such attempted assignment without such prior written consent shall he void and of no effect. In the event of an' assignment. Licensee shall at all times remain fully- responsible and liahle for the payment of the rental. if anv, herein specified and tut the compliance of all of its, other obligations under the terms. pros it-ions. and covenants of this License. (b) In the event rent is paid annually, Licensor expressly rcwrves the right to increase the abose rental rate on any- veark anniversary date of this license by giving Licensee thirty" 00days'whiten notice. Licensor may increase the rentFtl by thr percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rcnt;,l increase period, or the last anniversary date hereof. (c) The personal pronouns used herein as referring to Licensee shall he understood so to refer to licensee Ahethrr Licensee be a natural person, a partnership. or a corporation, or any combination thereof. (d) Any notice herein required to he given by Licensor to Licensee shall be deemed propperh iven if served upon or delkered to Licensee or his authorised agent. or if posted on or if mailed, postpaid. address to Licensee at his last known place of business, (e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License. nor shall any alteration. amendment, supplement, or waiver of any of the provisions of this license he binding upon either party hereto unless the same he supplemented, altered, changed, or amended by an instrument in writing, signed by Licensorand Licensee. M This License does not become binding upon Licensor until executed by Licensor's vice-president. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. MISSOURI-KANSAS-TEXAS RAILROAD COMP/kNY By vice-President CITY OF DENTON, TEXAS By Title Mayo" Address: 21S F. McKinney Street Denton, Texas 76201 File: T-18753-11 5 . /1111 Of +fr`/3 a loc~,6e y ~f 0 . / i, 707-A67 •Pub/rc Craning xrAo4/4 max / a • a•,cs' P r giros t4ir~ Ted# lb lift p~"Cr a Pc 16.9.9 71.30 S J' i d+Sg yp 0 '9. 1693+5d i is 064 ~ 3'Cona. Arc -31l 1 0 6 ; It i S dt /A4 6.'A g lit fires ~ . kw . zf P 6.11 4,01 1611 5,0 00, 4 4 r l t „gyp, f~~ ,6~. , t c 16 toN V / R •*Nr t owt 0110 X~ R0; / IN!TALI l • !!i! roll/ \ 444• • I ! AAA° A MIYTAAA ~ - +~l4rr •YT writ VICINITY MAP REWSED W O MO ..{1 MO W1LMrO •11 rOM• °er•orrtr.r a wxIc vat~tK* fat w.we ail, w • wn •AIIMM OINMM • Illlll/1•~Att MAarA - - - - CI !44 TY Of i DtNTON. Tax" 7170 NC! ~ JtM A-t! . ■ •Attt rti 4.1.H •.r• / N W 1 M T SIR _ _ ,~rw awua w - i nt•ar f a r e ♦ s- a . ^art t , ,(rte . '►w/ R E S O L U T I O N WHEREAS, over two hundred years ago, in June 1775, the first distinctive American fla s were flown over the colonial defenses during the Battle of Bunter Hill. One flag was an adaptation of the British Blue Ensign, while the other displayed the pine tree, a symbol of the experience of Americans who had wrested their land from the wilderness; and WHEREAS, as the colonials moved toward a final separation from Great Britain, other flags appeared. At least two of then featured a rattlesnake, symbolizing vigilance and deadly striking power. One bore the legend "Liberty or Death"; the other, "Don't Tread on Me". The Grand Union Flag was raised over Washington's Continental Army Headquarters on January 19 1776. It displayed not only the British crosses of St. Andrew and St. George, but also thirteen red and white stripes to symbolize the American Colonies. The Bennington Flag also appeared in 1776, with thirteen stars, thirteen stripes, and the number 117610; and WHEREAS, two years after the Battle of Bunker Hill, on June 146 1777, the Continental Congress adopted a flag that expressed clearly the unity and resolve of the patriots who had banded together in the cause of independence. The delegates voted "that the flag of the thirteen United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field representing a new constellation"; and WHERBAS, after more than two centuries, with the addition of thirty-seven stars, each representing one of our 50 States, a flag chosen by the Continental Congress on that June day in Philadelphia still waves over our Nation. This flag symbolizes I our shared commitment to freedom and federalism and carries a I message of hope to the afflicted, of opportunity to the j oppressed, and of peace to all humanity; and WHEREAS, to commemorate the adoption of our flag, the Congress, by a joint resolution approved August 3, 19499 designated June 14 of each year as Flag Day and requested the President to issue an annual proclamation calling for its observance and for the display of the Flag of the United States on all government buildings. The Congress also requested the President, by joint resolution approved June 9, 1966, to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week and calling upon all citizens of the United States to display the flag during that week; NOW9 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: j SECTION I_ That June 14, 1986, be designated as "Flag Day" and the week beginning June 8, 19860 as "National Flag Week", and urge the citizens of Denton to display the PISS of the United States and j observe Flag Day and Plag Week by flying the Stars and Stripes ! from their homes and other suitable places; to honor their country in renewing their dedication by publicly reciting the Pledge of Allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation, under god, Indivisible, with liberty and justice for all. { w i i i J]' SECTION 11. ! That this resolution shall become effective immediately upon its passage and arproval. PASSED AND APPROVED this 10th day of June, 1986. RAY STMENS, MAYOR CITY Of DBNTON, TEXAS i ATTEST: r CHWILbYTh CITY SECRETARY CITY UP DENTON,MTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS F-~ BY: I I MINUTES Citizens Traffic Safety Support Commission May 5, 1986 PRESENT: Gilbert Berstein, Chairman Virginia Gallian Gene Gohlke Bruce Chamberlain Vivian Edwards Wayne Autrey John Tompkins Doris Chipman David Martin The mtseting was called to order by Gilbert Berstein at 5:30 p.m, on Monday, May 5, 1986. Gene Gohlke made a motion to approve the minutes of April 7, 1986 and Dan Martin seconded the +notion. Motion passed unanimously. ITEM 24 WALNUT STREET PARKING AND CONGESTION ISSUE Jerry Clark, City Engineer presented a view graph and pictures of Walnut street for the commission to review. Jerry said this had been brought before the commission a couple of times. The commissioners had requested the staff to notify all businesses involved and allow them to have input into a possible solution. Jerry said the businesses have come up with a possible solution of making angle parking on the north side and no parking on the south side. The city staff would be interested in trying that. Gilbert Berstein asked Jerry to define the staff's recommendation. Jerry said he recommended changing the north side to 450 angle parking and change the south side to one (201) loading zone. Jerry presented a drawing Bob Tripp had none showing how the concept would work. Angle parking would eliminate two parking spaces. The Board members discussed the possible effects this would have. Bob Tripp representing Evers Hardware came forward to present his recommendation. He said they look out the back daily and to their knowledge have never seen an accident in the street. There are many accidents on either Elm or Locust but never in the middle of the block. Evers Hardware and cravens receive a large amount of business through the back from people who park on that street. If parking were restricted, it would cause a great loss in the amount of customers who. came in. Mr. Tripp said he would n S' page T of 6 gages appreciate the boards consideration of angle parking on the north side. Angle parking had been on the books since 1981 - Ordinance #81-32. The width of the pavement from the parking area on the south side to the edge of cars on the north side was 27 feet. It would be easy to get 12' strips in there for i travel lanes. To his knowledge the traffic would never be cleared up on that street because there were eleven businesses there. Some of them are restaurants and many times of the day large eighteen wheel trucks make deliveries. If loading zones were made on the south side of the street, that wouldn't do them any good when they would be unloading for businesses on the north side. They automatically park on the north side coming in from Locust street. This caused the congestion. It wasn't the regular parking that created the problem but the massive vehicles who stop in there from time to time. This { has been part of doing business on the square which everyone should be proud of the viable businesses there. He differed from Jerry Clark's recommendation in that he would like to see parking remain on the south side of the street. There are only two parking spaces there. The rest are all loading zones. Doing away with only two parking spaces gains only two loading zones which are not needed. Mr. Tripp said the bank created a lot of traffic. On a typical Friday they counted 1,055 cars that came out of the bank, of that count 400 turned west. Mr. Tripp said he would like that traffic to go east but Mr. Bly from the bank might not. Representing Evers Hardware, he recommended parking remain as it was on the south side and change the north side to angle parking. Homer Bly from First State Bank came forwawd to suggest that parking adjacent to the bank on north Locust on the west side between Mulberry and Walnut be restricted time wise (20-30 minutes). People could park there and walk up to the window. Charles Hillard from Denton Word Travel, on the corner of Elm, asked if changes would be made on north Elm. Jerry said there would be no change there. Jerry Clark reiterated the staffs recommendation In making parking on the north side 450 angle entering from the Locust sire and recommended the south sido be changed to one loading zone only. On the corner, restrict 20 feet for one truck. r. f,,.u _x•. r ,rte peg* 3 of 6 psiges Gene Gohlke askr4d if parking on the north side was presently straight in. Jerry said it was 90• angle. Gene asked if angle parking would eliminate some spaces. Jerry said angle parking would give fewer spaces but prevent a car blocking your view when backing out and only effect one lane when backing out. Gene asked Jerry if he had received a complaint from the Fire Department, Police Department etc. Jerry said complaints had been received from citizens in the area who travel through there and complaints were received from the Police Department concerning the congestion. Jerry said traffic was increasing on Elm and Locust since Carroll is filling up. Solutions needed to be sought now, before the situation becomes serious. Dan Martin asked if the city code recommended not ha,;ing 900 angle parking. Jerry said it did. Jeff Craven came forward to ask Jerry Clark if his back sidewalk would have to be reconstructed. Jerry said it would remain as it was. Wayne Autrey asked if any consideration had been given to restricting parking time on North Locust by the bank. Jerry said it could be part of the recommendation and put in the ordinance. Gene Gohlke said he would like to see the parking remain as it -es. Walnut was a three block street and not a main artery or main street, STAFF RECOMMENDED: Parking on north side be changed to angle parking with all obstructions removed and one space on south side be zoned as loading zone in front of Stop and Swap. COMMISSIONERS: Dan Martin made a motion to remove all obstructions on the north side and change the spaces to 450 angle parking. On the south side, change the two to one twenty foot loading zone, and restrict parking (time wise) on North Locust. Motion was seconded by Vivian Edwards. All voted in favor of motion except Gene Gohlke who voted no. Motion carried. ITEM 3 MCKINNEY STREET AT CARROLL BOULEVARD MEDIAN MODIFICATIONS Jerry Clark came forward and introduced Tom Simeriy with DeShazo, Starek and Tang, They were hired to do the traffic engineering study at the location. i, 1~e a of 6 gages Mr, Simerly stated Jerry Clark had asked them to study the intersection of Carroll and McKinney to see what could be done to help the traffic flow primarily along Carroll Boulevard. Carroll and McKinney is an unsignaled intersection between two relatively close intersections at Oak and Parkway, Traffic counts were taken at McKinney during the peak hours in the morning and afternoon. They looked at left turns onto Carroll from McKinney, the northbound to east bound right turns from Carroll onto McKinney and the west bound to northbound right turns from McKinney onto Carroll Boulevard, Their attempt was to look at what kind of modification could be done to that intersection to help, the traffic flow, as well as, to continue to allow the primary flow on McKinney and Carroll, The left turn from Carroll onto east bound McKinney would be preserved, In both the morning and afternoon peak hours, there were over 400 vehicles in the morning and afternoon rush hours, The left turn from south bound Carroll to east bound McKinney was the primary movement generated by McKinney that could remain, The disruption from people trying to turn left from Pearl and McKinney to Carroll southbound was the primary culprit in disrupting the traffic on Carroll Boulevard, It appeared by restricting that left turn from either direction would accomplish the goal of getting smooth traffic flow north and south of Carroll. The design shown would restrict those left turns, Dan Martin asked if Pearl street was a through street. Jerry Clark said it was not, STAFF RECOMMENDED: Accept modifications of intersection as indicated by traffic study COMMISSIONERO: Bruce Chamberlain made a motion to accept the modifications as stated and John Thompson seconded the motion. It passed unanimously, ITEM #4 GENERAL BUSINESS Wayne Autrey asked about Fort Worth Drive. Joe Thompson reported the light had been changed and Mr. Autrey said it was a lot better. John Tompkins spoke of his concern about a lot of people ignoring red lights, Pago 9 of 6 pages Jerry Clark reported that the Traffic Department was w:,tr;ing on getting controllers replaced at University from Ruddell to Bonnie Brae and Carroll from University to Eagle, at McKinney/Bell, and Bell/University. Dan Marti! asked about the status on Eagle/Welch. Jerry said they were laying the underground conduit. Jerry asked if Audrey/Mc,Kinney could have priority over Eagle/Welch. Mr. Martin said this would be no problem if the board agreed and -the Welch/Eagle signal was installed before NTSU starts again. The board gave a general approval. Wayne Autrey asked if anything could be done about the excess traffic flow at Lillian Miller/135 to control the congestion. Jerry said he had been talking with the State Department about that and the present controller was not the proper one. The right controller would cost $10,000 - $20,000 dollars. Wayne Autrey said the exit ramp was too short. Jerry said this was a problem that could be solved by properly using Teasley Lane. Gilbert Berstein asked if anyone in the audience would like to address the board. Larry Coffin came forward and presented a proposal for a four way stop sign at Alice and Westway. He also requested the speed limit be regulated at 20 MPH between Carroll and Fulton. Mr. Coffin said the street wasn't very wide and was picking up a lot of traffic. Wayne Autrey asked Mr. Coffin if he had talked to the City. David Daughtrey came forward and said he had spoke to the City. They said there had to be thrre accidents at that particular intersection before it warranted a four-way stop. There was only two. The City Engineer told him it was a police matter. When he talked with an officer at the Police Department, they ser:med well aware of the problem. Mr. Coffin said since he bought his house two years ago, many near mishaps have occurred where he personally had saved children's lives. People going to the bank travel Westway and there was no speed limit signs on the street. The average speed was 45 MPH. He said Mr. Clark felt a four-way stop would not slow cars down but ne felt it would. Page 6 of 6 pages Vivian Edwards made a recommendation to study this street and have it on the next agenda. Jerry Clark said the reason it was not on this agenda was because the studies done had not warranted it. Wayne Autrey asked why the Police Department could not patrol this area more frequently, Jerry Clark said this was his first recommendation but the Police Department had a man power problem too. Gene Gohlke asked if a counter could be put on the street and compared with other streets. Jerry said Joe Thompson had gone and done a site count of vehicles in the morning during a peak time. It has to average 500 vehicles an hour in an eight hour period and it didn't. It do(sn't mean there never wa.a 500 vehicles within an hour. The board requested further studies be done and the item put on the next agenda. Meeting adjourned at 6:30 p.m. 1373s r 71 t " I at , : , ...may. y a 334 Lim" st Aim a Oe4 m$nWW that sie. 305 n !st MMat Ids lwee DWI" Tow, 7M 7633 L 63ee. Place A0164 Ti 78M (414) 74"740 Tu" Oklahoma 73133 (5341474414 Me"-263.SM (9181280.4621 LETTER OF TRANSMITTAL T0: DAM a ` nw. IT( a r= Qmmh~ 10s NO: $ l~ J s WX ARI ]INCLOGING: No Copies Dereriptioa For Yaw Uae As Requested For Your Approval Approved as Noted RIMAR=S: COPY T0: SIONID I ~ Wff of QNNTONO MAS MUNICIPAL BUILDING / 215 E. McKINNEY ST. / DENTON, TEXAS ?9201 MEMORANDUM DATE: April 28, 1986 TO: Traffic Safety Commission FROM: Jerry Clark, City Engineer SUBJECT: Agenda Items - May S, 1986 Item #f2 Walnut Street has been discussed at two previous meetings of the Traffic Commission. All the business owners on Walnut Street have been invited to the meeting of May S, 1986. Leaflets were distributed on the north side on March 21. First State Bank was invited about April 1, due to their drive-in bank and walk-up window that greatly contribute to the problem. Evers Hardware also owns a warehouse on the south side. Due to comments from City staff and citizens, the owners of the Swap Shop (Mr. Muirhead) was also invited about April 23. A plan showing a possible solution was distributed to all businesses wit, the meeting invitations. Another solution that was presented after discussions with Cravens and Evers Hardware was no parking on the south side and angle parking on the north. It was also suggested that the drive-in bank be restricted to right turns only out to Walnut. The walk up window should be relocated so the double parking that goes on now can be stopped. Pictures of problems have been taken to show there is a large range of problems and questions that need answered. 817/5064M DIFW METRO 434-200 page 1 of 2 pages item 03 Consider traffic study to eliminate McKinney at Carroll traffic signal: The Capital. Improvements program has funds for a signal at McKinney (Pearl) and Carroll. It seems to be a mistake since the intersection is basically a tee. Only McKinney generates any real traffic. Pearl has such a small traffic count that putting a signal there will greatly increase travel time down Carroll in an area that doesn't justify it. The traffic engineering firm of DeShazo, Starek and Tang was hired to reaearch the issue to see if the City of Uentons opinion was correct. This firm is familiar with the Denton area as they have completed a number of studies for developers recently. They were asked to study the effects of eliminating the traffic signal, building an enclosed left turn bay from southbound Carroll to McKinney and analyzing the effects on Parkway and Oak where traffic would have to be routed to ge': across the Carroll boulevard median. DeShazo, Starek and Tang will be making the presentation on this item at the meeting. ryry C1 rk, P.E. r ineer 0038SE f~ ,._,.2_. a .,.y. ~:fi , r•:r, Ddiw►10* Tmlo be. TECHNICAL MEMORANDUM TO: Mr. Jerry Clark, P.E. City of Denton FROM: DeShazo, Starek 6 Tang, Inc, DATE: April 70 1986 SUBJECT: Study of the Carroll Blvd.. McKinney/Pearl,tntersection PURPOSE The purpose of this study is to analyze the traffic flow on Carroll Blvd, between the two existing traffic signals at Parkway and at Oak to determine if modifications might be made to improve peak hour traffic flows, ; ANALYSIS Carroll Blvd. is a six-lane divided boulevard providing north south access through the heart of the City of Denton'. McKinney provides east-west flow from east of Loop 288 to•Carroll Blvd. It has several different cross-sections as it t+•averses the City. Pearl is a one block long street between Carroll Blvd. :;nd Denton, Traffic counts were performed at the intersection of McKinney at Carroll to determine the impact of this unsignalized intersection on the morning and afternoon peak hour traffic. It was observed that the traffic attempting to make left turns from McKinney/Pearl onto'Carroll had a disruptive effect on the existing through traffic on Carroll. This disruption tends to cause the traffic signals at Parkway and at Oak to operate inefficiently. ' The attached Figure 1 shows the traffic counts during the morning and afternoon peak hours. As you can see, the signifi- cant movements are the through traffic on Carroll Blvd., the southbound to eastbound left-turns on Carroll Blvd., the north- bound to eastbound right-turns on Carroll Blvd, and the wiestbound to northbound right-turns on McKinney. Since the disruptions along Carroll are caused by the traffic on McKinney/Pearl &tempting to turn left or go through, our recom- mendation is to restrict these movements. Figure 2 shows median modifications which allows all significant movements, to occur at this intersection, while restricting those r movements which cause disruptive flows along Carroll Blvd. Traffic which presently turns left or. goes through will be forced to use the signalized intersections at either Parkway or Oak. These intersections should adequately handle this additional traffic. These modifications should produce a noticeable positive impact on traffic flows along Carroll Blvd, with a relatively low cost. As a temporary measure, the raised median shown could be accomplished with buttons placed closely together. t 4, 11 *ya °se p 4 air, :r r :t; 7 77 COMPUTATION 8hEET sumigaf .roe MAN w DATE PEAK HOUR COUNTS 8:40 to 9:00 A:M. JAN. 29, 1988 T 8:00 to 8:00 P.M: d JAN: 29 1988 + t.~ksow ~s~.w. 3K3----~ Oil FIGURE 1 • t • ~I W i a ru.rww CA P.T. 642.47 y+ ?RAR(G surm" rAVAP CLN* APP WMIS w C6ItAMIC ; .dd Q 0+SO C.642.24 y rIC6C x'41 OgK11r0 P CARROLL BLVD. . T'~ 2 Y FIGURE 2 • .06014 lb"au r,~...