HomeMy WebLinkAbout09-02-1986
CC)
C~ O~ ~ ~r~'IaN
C:~y Cov.w~-~ ~
~~f~►b~. a 19 Bb
AGENDA
CITY OF DENTON CITY COUNCIL
September 2, 1986
Work Session of the City of Denton City Council on Tuesday,
September 20 1986, at 5:30 p.m. in the City Manager's
Conference Room in the Municipal Building at which the
following items will be considered:
5:30 p.m.
1. Review and continuation of the selection process for
the Municipal Judge.
2. Executive Session:
A. Personnel/Hoard Appointments Under Sec. 2(9),
Art 6252-17 V.A.T.S, (see item M1 above)
Regular Meeting of the City of Denton City Council on Tuesday,
September 2, 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. Approval of the Minutes of the Special Called Meeting
of June 19, 1986 and the Special Called Meeting of
June 26, 1986.
2. Presentation of awards fcr beautification effort to
the City of Denton to Ann and John Garling, 1208 San
Gabriel Drive in the residential category and to Ms.
Gloria Hurck, San Jacinto Plaza, in the commercial
category.
3, Public Hearings:
A. Hold a public hearing on the proposed 1986-87
Annual Program of Services.
B. Hold a public hearing concerning the proposed
annexation of approximately 23.6420 acres of land
being part of the Gideon Walker Survey, Abstract
1330, and beginning adjacent and north of Edwards
Road approximately .5 mile east of Mayhill Road
and .5 mile west of Swisher Road. (A-41)
4. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recc+.n.mendations. Approval of the Consent Agenda au uorizes the
City manager or his designee to implement each item in
accordance with the Staff recommende.,ions.
J
City of Denton City Council Agenda
September 2, 1986
Page Two
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda item S.A). This listing is provided on the
Consent Agenda to allow Council Members to discuss any item
prior to approval of the ordinance.
A. Bids and Purchase Orders:
1. Bid 19632 - Underground duct bank system
2. Bid #9644 - C1P utilities Airport Road
sanitary sewer
B. Plats and Replats:
11 Approval of preliminary and final replat of
the H.V. Hennon Subdivision, Lots 2 and 3.
(The Planning and Zoning Commission
recommends approval.)
2. Approval of preliminary and final replat of
the Wooded Acres Subdivision, Lot 2, Block
4, (The Planning and Zoning Commission
recommends approval.)
C. Change Orders:
1. Consider approval of Change Order #1 to bid
# 9609, Purchase Order # 73631, for the
Stuart- Seline Project.
5. Ordinances:
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
B. Consider adoption of an ordinance approving a
request for a change in zoning from the single
family (SF-10) district to the planned
development (FD) classification on an 18.24 acre
tract located at the northeast corner of U.S.
Highway 380 and Old North Road. The property is
further described as a tract in the Caswell
Carter Survey, Abstract 2750 and the R. B.
Longbottom Survey, Abstract 775. (Z-1814)
C. Consider adoption of an ordinance approving a
request for a change in zoning from the
agricultural (A) district to the planned
development (PD) classification and approval of a
concept plan on a 412.iZ acre tract in the Thomas
Toby Survey, Abstract 1288. The property is
located on the west side of FM 2164 approximately
1,850 feet north of Hercules Lane. (Z-1815)
City of Denton City Council Agenda
September 2, 1986
Page Three
D. Consider adoption of an ordinance abandoning and
vacating certain 11tility easements. (The Public
Utilities board r,.:ommends approval.)
E. Consider adoption of an ordinance amending water
rate schedule W3 ("Water Sale for Resale to
Governmental Agencies, Divisions or
Subdivisions"), as adopted by ordinance No.
84-137, to provide for a revised rate for such
sales made by contract after June 1, 1986.
F. Consider adoption of an ordinance approving a
contract for the city's participation in the cost
of installing an oversized sewer main. (The
Public Utilities board recommends approval.)
G. Consider adoption of an ordinance providing for
one-way traffic west bound on Highland Street
from welch Street to Avenue A and on Highland
Street from Avenue D to Avenue E. (The Citizens
Traffic Safety Support Commission recommends
approval.)
H. Consider adoption of an ordinance prohibiting the
parking of vehicles on the west side of Austin
Street frum its intersection with Pecan Street to
its intersection with East Oak Street. (The
Citizens Traffic Safety Support Commission
recommends approval.)
6. Resolutions:
A. Consider apr-royal of a resolution appointing the
Special Citizens Advisory Committee on capital
improvements.
7. Consider approval of sanitary sewer service outside
the City limits for Mr. Ray L. Baker. (The Public
Utilities )'oard recommends approval.)
8. Consider approval of sanitary sewer service outside
the City limits for Ms. Norma Harrison. (The Public
Utilities Board recommends approval.)
9. Receive an update on Flow Memorial Hospital.
10. Miscellaneous matters from the City Manager.
11. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
City of Denton City Council Agenda
September 2, 1986
Page Your
12. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
H. Real Estate Under Sec. Z(£), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 62S2-17 V.A.T.S.
13. Ufficial Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel/Hoard 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 Bail of the City of Denton, Texas,
on the day of , 1986 at o'clock
(a.m.)
CITY SECRETARY
2360C
AGENDA ADDENDUM
CITY OF DENTON CITY COUNCIL
September 2, 1986
Regular Meeting of the City of Denton City Council on Tuesday,
September 2, 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. Consider adoption of an ordinance authorizing the
purchase of .3231 acres of real property for street
improvement purposes, said property being situated in
the City of Denton, Texas and being part of the S.
McCracken Survey, Abstract No. 817.
C E R T I F I C A T E
I certify that th(' above notice of meeting was posted on the
bulletin board at ".Ne City Hall of the City of Denton, Texas,
on the day of 1986 at o' clock
(a.m.) p.m. _
CITY SECRETARY
2366C
I11'. l: _
OFFICE OF THF, CITY ATTORNEY
MEMORANDUM
TO: Charlotte Allen, City Secretary
PROM: Joe D. Morris, Assistant City Attorney
SUBJECT: Acquisition of Right-of-Way
for Stuart Road Improvements
DATE: August 29, 1986
On the afternoon of August 29, 1986, we completed negotiations
for the purchase of .3 acres of land for the Stuart Road
improvements. Because the contractor is already on the job on
this project, we have been asked to expedite the necessary
paperwork to complete the purchase.
Since the purchase price is $12,000 the City Council. will need
to approve the purchase by ordinance. We ask that you post the
item as a Council item on the September 1, agenda. We will
supply you a copy of the ordinance approving the sale as soon as
possible.
ffie"
E D, MURRI
JDM:jw
xc: Lloyd V. Harrell, City Manager
Council Minutes
June 19, 1986
The Council convened special called meeting at 5:0 p.m. in the City
Manager's conference room.
PRESENT: Mayor atephens; Mayor Pro Tam Alford; Council Members
Alexander, Chew, Hopkins, McAdams and Riddlesperger
City Manager, City Attorney
ABSENT: None
1. The Council received a report on the status of the proposed
asset transfer of Plow Memorial Hospital and consider adoption of an
ordinance authorizing entry into an agreement with the County, the
Flow Memorial Hospital Board and Flow Regional Medical Center for
the transfer of assets of Flow Memorial Hospital,
The item was taken under the Executive Session.
L, The Council was to consider annual appointment of members
to City of Denton boards and commissions,
The item was taken wider the Executive Session.
3. The Council convened into the EX"CULIve Session to discuss
real estate and personnel/board appointments. No official action
was taken.
flue to the number of persons attending the meeting, the Council
relocated to the City Council Chambers at 7:LU p.m.
1. The Council received a report on the status of the proposed
asset transfer of Flow Memorial Hospital and consider adoption of an
ordinance authorizing entry luto an agreement with the County, the
Flow Memorial Hospital Board and Flow Regional Medical Center for
the transfer of assets of Flow Memorial Hospital.
Mayor Stephens stated that, in order to expedite the discussions,
background information would be provided by the City Manager, a
review of the proposed transfer agreement would be given by Mr.
David Petruska and the review of the remaining major issues and the
resolution of such by the City Council would be presented by the
City Attorney. The portion of the discussions regarding ,ssumptions
and liabilities would be taken under the Executive Session,
City Manager Lloyd carrell reported that he would like to make some
couple of introductory remarks prior to the council working through
the agenda. Included in the back-up material was a memorandum
responding to a letter sent by the Mayor, at the direction of the
Councll, to the hospital board. The letter asked the board to put
into writing their estimate of considerations under the proposed
agreement so Council could have some actual dollar numbers of the
annual financial contribution that the hospital would make for
indigent care under the proposed agreement. These had been
provided. Also included in the back-up material was an ordinance
should the Council work througn discussions on the proposed
agreement and felt confident to proceed with the authorizing
ordinance. It was his understanding that there were only a few
minor modifications from the ordinance that the Council had earlier
received. The proposed ordinance tracked the language used by the
County when they adpopted the agreement.
Other back-up materials Included an analysis of the agreement by the
County's attorneys a. well as a mmorandum from David Petruska of
Fulbright and Jaworski, the outside counsel employed by the City to
represent City interests In the matter.
Relating to background information, the Mayor had stated that staff
would like to give this discussion some structure so Council could
move through the various issues and reach resolution. Following
this process, if the Council was satisfied, they would then be in a
City of Uento❑ City Council Minutes
Meeting of June 19, 1986
Page Two
position to take up the agreement for its consideration. The
presentation was divided into 3 parts; a brief background statement
of some of the macro issues in the agreement and what the agreement
meant as far as the City government was concerned; secondly, a
detailed presentation of the content of cite agreement by the outside
counsel so the City Council had a complete understanding of the
items contained within that agreement; and finally, the City
Attorney had outlined the throe major issues that had been the
subject of Council discussion in the past regarding the agreement
assumption of liabilities, considerations, and conflict of interest
policios. Time had been allotted for discussion of other issues of
concern to the Council, if needed. For each of the particular
issues to be discussed, staff had offered various alternatives.
In regard to background Information, there appeared to be three
major macro issues of concern to the City government. First, was
the issue of annual City financial support and what kind of effect
entering the proposed agreement would have versus simply going as is
with no particular agreement being struck between the County and the
new not-for-profit corporation. Staff had divided the annual
financial support into two categories, the first being Capital. As
the Council was aware, under the agreement provision, the
not-for-profit corporation would not require additional Capital
support from the City and would not make that requirement but rather
would secure financing for capital improvements for the hospital on
their own. if no agreement was reached, the City had been presented
with a budget from the hospital asking foi $250,000 to support the
capital improvements at the hospital, which was ~..3 same level of
support as this year from the City government to klow Hospital. As
far as the indigent care question, the implications there were more
unclear becau9e the legal determination for who actually was going
to be responsible for indigent care certainly had not been
resolved, if the agreement was adopted by the City Council and,
depending upon the legal determination, the range of financial
obllgation from the City could be either $0 up to approximately
$1(55,000. Using the audited oxpenses, which were the largest ones
for Indigent care for last year, and using the hospital figures for
how much credit they would give under the formula, the difference
between those two numbers would be halved. Assuming worst case
where everything went against the City, a very liberal-leaning judge
might declare that the City had 501 of the responsibility which
would amount to approximately 4165,000. The no agreement route
would have the City being obligated for approximately $528,000,
representing 501. That question was certainly open for litigation.
The Council's position had been very strongly stated that City was
not legally responsible and telt this was an appropriate County
responsibility.
Tne second macro question was the asset transfer. The hospital had
been appraised at $6,000,000 for the purposes of the agreement and
the asset transfer. Under the agreement this $6,000,000 asset would
be transferred to the not-for-profit corporation. if no agreement
was reached, there was a $60000,000 asset which still would be the
the property of the City and County, A footnote being that, if at
some later date, the hospital failed, It was unsure how much that
asset would be worth under those circumstances.
The last major macro issue was the viability of Flow Hospital. It
has been concluded by the study committees and the Blue Ribbon
Committee that, under the agreement, there was a better opportunity
for Plow Hospital to succeed as there would be funding more readily
available for improvements and the hospital would be somewhat
removed from the political arena.
David Petruska, of Fulbright and Jaworski, reported that a
description of the asset transfer agreement had been distributed to
Council.
City of uenton City Council Minutes
Meeting of June 19, 1986
Page Tnree
Mayor Stephens stated that council would like to reconvene into the
iixecutive Session to discuss Considerations.
The Council then reconvened into the I1X0CUtive Session to discuss
real estate.
Tile Council reconvened into the special Called meeting.
Mayor Stephens stated that, In an effort to expedite the discussion,
the City Manager, the outside attorney and the City Attorney would
make their presentations. The Council would then have questions and
answers and discussion.
Petruska reported that the Council had received a summary of the
agreement; however, several changes had been made. The summary
described the asset transfer agreement item by item but an overview
of the transaction was that the hospital had been estimated to have
a value of approximately $6,000,U0U by tppler, buerin and Turner.
The City and the County jointly would be transferring the hospital
to the new non-profit corporation for certain Consideration.
Consideration consisted of four items; first was is the assumption
of certain existing liaoilities; second was the promise to continue
to operate the hospital as a non-profit public hospital open to the
public; third was the provision of medical services to certain
indigents at discounted rates. These would be the indigents that
would have to be paid for normally by the City or the County.
Fourth was the provision of certain specified levels of Indigent
care on an annual basis for free. The oloments of Consideration
were important for several reasons, one of which was the obvious
fact, that the City would be transferring over an asset valued at
$6,000,OU0. Under state law, the City neodod to get something back
for it so that Lite transaction would be a valid one. It was also
necessary from a business point of view that the City felt it was
getting something for transferring the asset over.
The services that were going to be provided for free were equal to
.it of the net patient service revenues ;t the hospital until the
revenues roach a certain level after a certain time period at which
time It would go to 41. Tnis was what the hospital would provide in
terms of indigent care. Should the revenues drop below a certain
level, the percentage would also drop back down to 31 and so on.
There were also provisions in the proposed agreement providing for
the fact that this would be a partial fiscal year.
There were provisions providing certain eligibility standards; i.e.,
who would be classified as an indigent fur particular types of
services that wouild be rovided. In order to make sure that the
the new corporation was fulfilling its obligations to the Cit/ and
the County, there were certain mechanisms put into place. One was
that any time the City or County wanted to, they coulJ examine the
records of the corporation. Another was a monthly reporting
requirement. The corporation was going to have to give a report
stating the patient's name, what they did, the admitting diagnosis,
documentation of th9 satisfaction of the services and a
representation of everything that they did with the patient at the
request of a doctor. The City would be given a _ertaJn amount of
time to review the roports, as would the Cou,ity, to azure that it
meets the standards and there were no questions. It' questions did
arise, notice would be given to the hospital ird all parties would
try to work them out. If this was not accomplished, there were
provisions for arbitration and binding arbitration.
The new corporation had to determine whether or not, or rather had
to try to do the best they could to be sure an indigent patient was
not co, red by Medicare or Medicaid. The concern was that somebody
would e classified as an indigent going against the 31 or 4% when
they were eligible for Medicare or Medicaid, cutting down on
available services for other people.
City of Denton City Council Ninutes
Meeting of June 19, 1986
Page Your
The closing (late of the transfer had not been set. At the actual
closing, the City, the County and the existing hospital board would
transfer title to everything they had. It was uncertain what
exactly existed at the hospital, There were vehicles, equipment,
land, buildings, etc., but whatever was there would be transferred
"as ls," with no warranties and no representations. This also was
part of the Consideration. The not-for-profit corporation would be
assuming any liabilities that alight exist.
The transfer would be through a deed with certain restrictions.
Restrictions would govern further transfer of the property
subsequent to when the City and the County stepped out of the
picture. The restrictions would say that the hospital cannot be
transferred to a for-profit entity and, if transferred to a
not-fur-profit entity, that entity had to provide the services that
are provided for in this particular document. There was an
exception to enable the hospital to go ahead and finance. They
probably would want to do mortgage revenue bonds, with restrictions
in the transfer, this would be difficult to do. The proviso was
that if they had to pledge a mortgage on the property and should it
over be foreclosed, those restrictions would no longer be in place.
There were a number of representations and warranties throughout the
agreement. The new corporation was representing and warranting that
they were a non-profit corporation, they were going to stay that
way$ they were going to operate their business. The City was
represonting nothing.
It was impOCtant that the new corporation reprosenteds that they had
applied for 501(c)(3) status. the non-profit corporation status
wider the Federal Income Tax Code.
The corporation had also represented they would not discriminate
against any patients on the basis of race, color, national origin or
creed.
Certain covenants were included regarding existing people, staff
people working at the hospital. No one would lose their job merely
because of the transfer. All benefits such as vacation time and
sick leave, etc, would continue.
The next pert of the asset transfer agreoment talked about the
entity which would be running the hospital. There would be a Board
of Trustees with 9 members surving b year staggered terms. Also, a
Board of Advisors with 28 members serving 4 year terms. No person
could serve on both boards simultaneously and members on the Board
of Advisors could only serve one term.
There were provisions in the agreement regarding members of the
Board of Trustees being involved in certain transactions. The
by-caws of the corporation would contain a conflict of Interest
policy that Fn the corporation from entering into contracts
or engaging in any transactions relating to the sale of personal or
real property or which involved any kind of commissions or brokers
fees or finders fees with any member of the Board of Trustees, any
relative of any such member, or any business entity of which any
such member or combination of members owned 10% or more of the
equity Interest of the business. There wore certain restrictions
regarding management contracts under Hill-Burton.
His firm, as the City's outside counsel and the City Attorney, had
been concerned about the Consideration question to a certain
extent. If there was not valid Consideration, the transaction was
null and void. There was also some quo€tions regarding the title to
the land under the original trust documents. Following the
execution of the transfer agreement, a bond issue of $1,000 under
. the Health Facilities Development Corporation Act would be held for
the new hospital. Under the provisions of the state code, a
validation of that bond issue by a District Court could be
City of Denton City Council Minutes
Meeting of June 19, 1986
Page Five
requested. A Judge would then make a determination as to these
questions, If the entire transaction was affirmed, actual closing
of the transaction and transfer of the property would be done to tine
new corporation. 'this would give &IJ the parties involved some
degree of confidence that the transaction was valid because as It
had been upheld by a court. It would also make it easier in the
future for the non-profit corporation t do financing. The
affirmation of the transaction was a condition for the closing of
the asset transfer.
Also included were statements regarding no other court Judgments, or
decrees prohibiting tite transfer, thn appointment of all the
'trustees and Advisors, and the now corporation being qualified as a
sul(c)(3).
Another important issue was that there wero several outstanding pond
issues, totaling appreximately $4UO,000, The new corporation had
agreed to either get releases of the City and the County so that
they would no longer be guarantors on the debt orto pay the bonds
off in full. Tnis went toward the Cons iderat ioa questici and
removed the City from any kind of liability under that debt.
The Council then reviewed the remaining major issues and considered
their resolution.
City Attorney Drayovitch ruported that there were three Issues
listed on the memorandum, The Assumption of Liabilities portion was
an ancillary Issue relating to Conslderatl011. As Mr. Petruska had
noted, tippler, Guerin and Turner had revised their original
evaluation of the assets of the hospital from /$10,900,o9O -
$11,009,000/ down to $6,000,U00 and it wai upon this assumption that
the City was proceeding in this fashion. One thing discussed in the
declaratory judgment petition was the constitutional issue involving
the fair market value of the hospital. Another related issue was
the lending of credit which had been discussed with Council
previously, It was hoped to obtain a validation. It was her
understanding, and had been throughout the negotiations, that the
hospital's attorneys felt very strongly that these constitutional
issues are very minor, if at all applicable. 'rho City had been
advised that the County attorneys would take the forefront In filing
the action and the City would support by joining in.
With respect to the assumption of liability question, the City and
County representatives had agreed to submit a draft and had approved
a draft which provided that the City and Couno.y assume liability for
malpractice claims which occurred up 10 the date of the sale, even
though they may be filed many years ponce. The hospital had
presented a draft in which the City and County assumeed all turt
liability and, in fact, wouln credit any amounts to be paid for
indigent care if they had to pay a judgmen: in this regard. The
County deleted this language when they approved their agreement.
There were three alternatives that staff would recommend; first
would be to delete all the language in this regard and have the new
corporation assume all liabilities; secondly, substitute, as the
County did, language requiring the City to be an additional insured
upon the hospital's Insurance policies. It should he noted that any
loss in excess of the policy limits would be borne by the County and
the City, The third alternative was to accept the agreement as it
was,
Regarding Consideration, Mr. Petruska had pointed out that the
County and Mr. Whitten, acting on behalf of the new Board of
Directors of the Flow Regional Medical Center, had agreed to the
funding of 44 of the net revenues, at such time as the gross
revenues of the hospital reach $ZOo UUU,000 but not sooner than 24
months after the date of sale. With respect to this Item, the City
could agree with the County and hospital position ur leave the
wording as It is which presently requi, d a transfer of 44 at such
time as the revenues reach $2U,U O,UO gross,
City of loenton city Council minutes
Meeting of June 19, 1986
Page S x
The third item had been a particular concern to the Council end was
the provisions in the agreement regarding conflict of futerest. The
compromise proposed provided that "Where a member of the board has
an interest of 101 or more aGcity interest in a business entity, or
any combination of members of the board have such an interest, the
Hospital Board will not be allowed to contract with that entity. If
the amount involved, or the amount of equity interest, is less than
101, the members who have such an equity interest, financial
interest, shall abstain from voting." In other words if one member
had 3%, another had 41 and another had 41, that would be over the
101 limit. The hospital can still contract with such business
firms. Mr. Whitten and the County had agreed to a provision which
also prohibited any board member from, at any time, receiving any
sales commissions, brokers commissions or finders fees. The
alternatives presented involved the possible substitution of
language similar to the City Charter. If there was a willful
violation, and someone with a business interest did contract with
the hospital, it would constitute a forfeiture of their office.
This language would also apply to employees of the hospital, as a
non-profit corporation. Presently the conflict of interest
provisions only applied to Board Members. The second alternative
was to accept the compromise proposed and tho third alternative was
to accept the compromise but send a strongly worded letter to the
Hospital Board encouraging them to voluntarily adopt higher
standards similar to the Charter provision.
The County has amended t,se provision regarding, if the non-profit
corporation were to dissolve, any assets would be returned to the
City and the County. The County amendement further provided that
the proceeds or returned assets, must be used for purposes
consistent with the flow will; i.e., funding health care. There was
also a provision in the latest draft of the agreement that the City
would have a choice of whether or not to use URG rates or a fixed
percentage discount with respect to the services it received. Asthe
provision was currently worded, the County would make that
determination.
The Mayor then asked if any Council Member had a question regarding
the presentations.
Council Member Riddiesperger asked if the proposed agreement
included a statement to the effect that nothing in the agreement
would implicate or imply that th.i City had any responsibility for
indigent care.
i,rayovitch read the following statement from the proposed asset
transfer agreement; "Nothing in .'iis agreement shall be deemed to
constitute an admission by the Cicy that it has any obligation to
provide hospital or other health care services or funding therefore
to residents of the City or the County", The parties had agreed to
include that; however, the attorneys for the County had requested a
further statement that. "Nothing in this agreement shall be deemed
to constitute an admission by the County that the City does not have
any obligation to provide hospital or other health care services or
funding therefore to residents of the City or the County. It is the
intention of the City and the County that any legal questions
regarding the existence and extent of the City's responsibility, if
any, for indigent health care are not addressed by this contract."
Council Member Chew asked to have the attorney address the conflict
of interest language again for edification,
llrayovitch reported that, as presently written the new corporation
was required to enact and keep in effect and force, by-laws which
would contain a conflict of Interest policy prohibiting the new
corporation from contracting with any business entity in which a
member of the Board, a relative of a member of the Board, or any
combination of members of the board, had an equity interest of 101
or more, This would also prohibit any Board Member from receiving
.
City of Denton City Council minutes
meeting of June 19, 1986
Page beven
any sales commissions, brokers commissions or finders fees. If the
interest owned In total by the Board Members or their relatives was
less than lot, the hospital could contract with that business so
long as the interested Board Members abstained from voting In the
matter. The alternatives were to delete that language and
substitute language similar to that of the City Charter. Charter
provisions were that no Board member shall have any interest,
financial interest, direct or indirect, in any contract with the
corporation or be financially interested, directly or indirectly, in
the sale to the corporation of any land, materials, supplies or
services except on behalf of the corporation as a Board Member,
officer or employee. In any violation of this provision with
knowledge, express or implied, shall constitute a forfeiture of
office or position of the officer. Drayovitch stated that she had
included officer or em~pployee of the hospital since that was what the
Charter Included, The second alternative was to accept the
compromise previously discussed and the final alternative was to
accept a compromise but send a strongly worded letter that
encouraged the Hospital Board to voluntarily adopt higher standards
similar to the City Charter. A fourth alternative would be to
reduce the 101 equity interest allowed to 51,
Council Member McAdams asked if there had been some objection to
including employees or had this ever been discussed.
Drayovltch reported that it had not been discussed. She had added
that portion as it was patterned on the Charter. The City Charter
applied to all who worked for the Clty, whether they received pay or
not.
Council Member McAdams asked if there would be any objection to
including employees along with board Members.
• Drayovitch reported that this alternative language had not been
submitted to either the County or the Hospital.
Linda Aaker, an attorney with Bickerstaff, Heath and Smiley
representing the County, stated that the current language in the
agreement was based on Article 2S29C, a statute that governed how
public entities deposited their money into public depositories. The
language itself was a compromise from a less stringent standard
which was the one applicable, generally, to government officials.
Ho discussion regarding including employees had been held with her
client. She was not familiar with very many corporations that
extend iL that far. Normally, the board of Directors make the
decisions and contracts that would result in conflict of interest
problems. She did not know if it was normal procedure to check
every employee for a 'onflict. She did not know what the County's
position would be. Generally, the County was satisfied with this
language, but were supportive of the City's efforts to strength it.
Council Member Hopkins stated that she saw no reason to include the
employees. She felt it would be an undue hardship to enforce,
mayor Stephens stated that the rationale behind including hospital
employees was to exclude their selling to the hospital or accepting
any renumeration from any company that does business with the
hospital.
Council Member Hopkins stated that she still felt it would be too
hard to police.
Mayor Stephens asked if this provision included down to the second
and third degree of affimity and consanguinity or just the employee?
Debra Urayovitch responded that the provision did not address
relatives. How that would come up would be in those indirect
financial Interest and that meant each situation would have to he
ovalusted on a case by case basis to determine if there's a direct
or Indirect financial interest.
City of Denton City Council Minutes
Meeting of June 19, 1986
Page Light
Council Hemoer Alexander stated that he hoped to have an opportunity
to make a motion and discuss the issues. His reaction and
observation was that a reasonable compromise has been struck and
that the issues that were raised had been reasonably addressed. It
was appropriate for the Council to move forward with the agreement
as it stood.
Council Member McAdams stated that she was not clear why employees
should be excluded, if the Council was going to accept the conflict
of interest clause as written, she would certainly like the letter
sent requesting stronger conflict of interest policies because, as a
public entity, she wanted the hospital to be as free as possible of
these types of problems. She was somewhat confused about the
Consideration where It stated a "County/Hospital" position and then
a "County and the new Corporation" position. This suggested that
the County had two positions.
Aaker responded that the County had ono position and the County and
the new Corporation had come to an agreement regarding
Consideration. What had happened was the County and the Corporation
had come up with compromise language which would allow the movement
to 41 after a 24 month or, roughly two year, grace period to allow
the hospital to get on it's feet. The City was being offered the
alternative of agreeing with the position of the County and the new
Corporation or leaving the wording as was. As ls, it required that
you had to move to a 41 Consideration figure as soon as the hospital
hit $2000000000. The hospital would hit a gross revenue of
$2U,U00,000 probably next year which would have bumped them to a 41
return immediately. The hospital's position was that they needed
more time during which to get the hospital back on it's feet so the
compromise position was reached to allow the 41 instead of kicking
in automatically when they reached $2U,0U0,u00 of gross revenues; to
kick in at $20,000,00U starting October 1, 1988 which allowed them
extra time to get their programs going.
Council Member McAdams stated that she wanted to be clear on this
issue because she remetil that initial discussions were based on
gross.
Aaker replied that this was now net revenues, but at least two years
away. The 31 and 41 figures are 31 or 0 of the net patient service
revenues • the net patient service revenuus minus the charity
allowances, doubtful accounts and Medicare and Medicaid
reimbursement numbers. When the 31 went to 41 was based on the
gross revenues that the hospital made. You always took 31 or 41 of
the net revenue number but the time when you took that 31 or 41 was
based on what the 1-^oss revenues reached. Now, the hospital's gross
revenues were abouL y19,0uu,000, so you took 31 of the net revenues
once you subtracted the things from the $19,0001000. Next year they
felt the hospital would have a gross revenue of $20,000,1000 which
ordinarily would kick in the 41. You would take $2u,000,000 back
off, get back down to the net and take 44 of that and that would be
your indigent care. However, there would be a grace period of until
uctober 1, 1988 until the 44 number kicked in.
Council Member McAdams stated that she would like for the City
Attorney to address the question of liability.
Debra urayovltch, City Attorney, stated that Alternative 01 would be
the most advantageous for the City and Alterna ive Y2 would be the
next best.
Aaker stated liabilities would be subject to the Torts Claim Act.
Council Member McAdams stated that that she did not tike it and
asked if there were any time frames referenced.
i Aaker reported that the way she understood this was that anything
that occurred prior to the time that the transaction took place were
City of Denton City Council Minutes
Meetin of June 190 1986
Page N no
the only ones addressed here. If there had been an accident or a
case of malpractice that a claim had been asserted, the hospital
would take over the liability. However, if there were an unftled
claim that arose two years during the time that the City and the
County were, An effect, the owners of the Hospital, the liability
would run with the City and the County. The insurance policies that
the Hospital had would add the City and the County as insurers so
that both would continue their Insurance, The City and the County
would then be able to get insurance for those accidents that could
had occurred during that time period. The problem with the
foreverness of it is It only applied to things that had occurred
before the time that the transfer actually takes place,
David Petruska stated that it would be a pragmatic matter. The
maximum amount of time for this liability would probably be 10 years.
Lloyd Harrell, City Manager, stated for clarification that what he
heard the attorneys saying was that if there was a mat practice claim
that was known at this time, it had already been filed and that the
new corporation would be responsible for those claims. It was only
something that no one knew about. that might be claimed later where
the City had this unknown liability,
Mayor Stephens stated that the City was going to have that same
concern whether the assets were transferred or not.
Council Member McAdams asked if there was some implication more in
this statement than the present situation that by saying
(City/County meant a SU, SO bearing of that responsibility.
Drayovitch asked if Council Member McAdams meant the assumption of
liabilities.
• Petruska responded that he did not think there was any SO/So. On
liabilities a person could sue the City alone or sue the County
alone or sue both.
Council Member McAdams asked if languate was in anyway suggestive of
City liability.
Petruska responded that that was not the intent.
Council Member McAdams stated that the Council had tal;ced about
language that would say it would be borne by the County and City.
Drayovitch stated that long discussions had been held as to whether
or not to provide that the City and County automatically he notified
if any claims are filed. Various forms of language were drafted.
It was finally decided that the was to just provide thewording
presently in the agreement. Staff would recommenel t- add language
that the new corporation would take appropriate a I to cause
transferrors, I.e., the City and the County and the kital Board
be named as additional insureds on any liability or malpractice
insurance policies existing now or hereafter. In other words, it
would become a covenant running with the contract and not kept, ten
years from now the City could sue for specific performance.
Petruska stated that If, for some reason a court were to say all
three of you ran the hospital, and found a verdict of $300,000
against the City, $300,UU1 against the County, and 4300,000 against
the new corporation, if the City was not on the insurance policy and
the new corporation was, they would be covered. Their $3000000
would come out of the $1,000,000 policy. If the City was not on the
policy, hey would not be covered.
Council Member r:cAdams stated that she felt it absolutely imperative
to have this provision in the agreement.
City of Denton City Council Minutes
Meeting of June 19, 1986
Page Ten
Council Member Alexander stated that his assumption was that the
county and City had been generally regarded as co-owners of the
Hospital for years past. There was nothing here that would change
in this wording anything relating to the co-ownership of the
Hospital at this point.
Petruska responded there was nothing that would add to the liability
of city or the County that he could see.
Council Member Alexander stated that this had nothing to do with the
question about who was or who was not responsible for indigent care.
Petruska replied no.
Mayor Stephens stated that he did not understand regarding the terms
for members of the Board of Trustees. He did not sea anything
concerning staggered terms. were there indeed staggered terms for
the Board of Trustees and was this self perpetuating? Could they
serve as long as they were reappointed, or did their time have to
phase off?
Petruska responded that under 4.6A of the asset transfer agreement,
the board of Trustee members would at least serve six year terms
which be staggered so that three member's terms expire every two
years. initial appointment will be for two, four and six year
terms, so that those people who were appointed by the City and the
County initially would be appointed for two years, some of them for
four years, and some for six years. There was no prohibitive
languaga saying that they could not succeed themselves. In theory,
when the terms for the members who were appointed for two years were
up, the other members could reappoint them for full six year terms.
Mayor Stephens asked if this would bm done by the Board of Advisors.
Petruska replied yes. This procedure was not the same for the Board
of Advisors. They also were staggered terms of one, two, three and
four year terms, but there was specific language saying that they
would not be permitted to serve successive terms. They could be on
the board, go off, and then come back on, but they could not be on
in succeeding terms.
Mayor Stephens asked why particular limitation on terms was not
imposed.
Petruska replied that it was his understanding that this language
followed part of the Blue Ribbon Commission's recommendation.
Council Member Aiddlesperger stated that this had not been discussed
by the Blue Ribbon Committee.
Drayovitch reported that it was in the final report,
Council Member Riddlesperger stated that this had generally been
left up to the Board of Advisors.
Drayovitch stated that in the documents from which Mr. Butterfield
had drafted the initial agreement, there was a recommendation that
the Board of Advisors not succeed themselves.
Petruska stated that there was a certain amount of logic to it for
the simple reason that the board of Advisors are the ones that
appoint the people to vote. So, if in fact the Board of Trustees
appointed themselves upon termination, then one could argue that you
need to make sure that they cannot keep themselves in power from now
until 1999. Probably that feeling was, that since the board of
Trustees is appointed by the Board of Advisors, and do not control
their own appointments, if ld people get together and decide these
people do a good job and should be kept on for another term, then
City of Denton City Council Minutes
Meeting of June 19, 1986
Page flleven
. that would be acceptable. But then the governing factor was put in
of not allowing the Board of Advisors to keep reappointing them-
selves for ever and ever. It was kind of consistent,
Council Member McAdams stated that, as she understood it, was it
possible to hold a position until you were reappointed by bouncing
from the Board of Trustees to the Board of Advisors and back again.
Petruska stated that there was nothing that prohibited somebody from
coming off of the Board of Trustees and going back to the Board of
Advisors. The agreement simply said that the Trustees could not
have successive terms.
Mayor Stephens stated that he did not think this was necessarily a
model agreement, but it seemed to be the only acceptable solution to
retaining a community based, not for profit health care center which
the Council had agreed upon. He would particularly like to call
attention to the conflict of Interest with the substitute language,
similar to the City Charter, which seemed to fit the whole purpose
of keeping this a public corporation. He felt the purposes probably
would be better served by the substitute language based on the
Charter.
Council Member Chew thanked the committee for a fine job. He wanted
to see alternative 03 on the conflict of interest discussed further.
Mayor Stephens asked If the Council should consider issue by issue
and vote on them individually and then go back and look at the
entire asset transfer.
Council Member Alexander stated that the Council had before them the
agreement which had already been approved by the County.
The following ordinance was presented:
NO. 86.120
AN ORDINANCE AUTHORIZING ENTRY INTO AGREEMENT WITH THB
COUNTY OF DEN'rON THE FLOW MEMORIAL HOSPITAL BOARD OF
DIRECTORS, AND hOW REGIONAL MEDICAL CENTER FOR THE
TRANSFER OF ASSETS OF FLOW MEMORIAL HOSPITAL.
Kiddlesperger motion, Chew second to adopt the plan as presented by
the County.
Council Member McAdams asked if that meant that the language In
Section 2 reqiiiring additional insurance for the part of the City,
along with the new 411 languages, was already a part of the agreement
and need not be an amendment.
Drayovitch responded that with respect to the Consideration issue,
it was. With respect to the second issue, which had been discussed
Monday afternoon with Mr. Whitten and Mr. Heath and herself, it
wasnot Incorporated in tLe agreement at this point In time, but
rather hand written.
Council Member McAdams asked if it was not part of what the County
had approved?
Aaker responded that the County had approved the agreement in
principle. The agreed afterward with Mr. Whitten that that language
would be put in there. Even though it was not physically in the
document, it certainly was the intent of the County that that
language be in.
Drayovitch reported that the parties had agreed.
Council Member McAdams then asked !f, in order to be correct in the
motion, should the motion be amended to include this.
City of uenton City Council Minutes
Meeting of June 19, 1986
Page Twelve
• Urayovitch responded yes.
Mr. Mike Whitten, President of the Plow Regional Medical Center, the
non-profit corporation and also member of the present Fiow Board,
stated that there was agreement on those changes in the language,
It was his understanding that when the County had voted on it that
they understood that that was guing to go in.
Mayor Stephens asked, for the record, if the County's attorney would
atfirm Mr. Whitten's statement.
Aaker responded yes; that was correct,
Council Member kiddlesperger stated that his motion would include
these concepts.
Council Member Chew motion, Alexander second to amend the motion to
amend C.a.2 to require the City to be additionally insured, on the
Consideration, agree with the County/hospital position, 41 of gross,
and on the conflict of interest, the County hada compromise in
here, that would be C,2, under the County's agreement. He would
prefer to see C.3 - "Accept compromise, but send a strongly worded
letter that encouraged the Hospital Board to voluntary adopt a
higher standard similar to the City" but he could not include that
In this motion.
Mayor Stepnens asked for clarification on the motion,
Charlotte Allen, City Secretary, reported that Council Member Chew's
motion was to amend the main motion to include, under Assumption of
Liability, Alternative 2, under Considerations, Alternative 1, under
Conflict of interest, Alternative 2.
Urayovitch reported that this would result in one change to the
agreement.
Council Member Riddlesperger stated that the Council was simply
accepting what the County had.
Council Member Alexander stated that this was an amendment, but it
does not change the initial intent of the motion that Council Member
kiddlesperger had made, but was simply clarifying through means of
the amendment process.
Amendment to the main motion carried unanimously,
Urayovitch stated that it would be appropriate to have a motion to
approve execution of the agreement, contingent upon the sending of
the letter.
McAdams motion, Chew second to further amend the motion to include
the sending of a letter asking the hospital or encouraging the
Hospital Board to voluntarily accept very high standards for
conflict of interest similar to those contained in the City Charter.
Council Member Riddlesperger stated that he did not see that that as
a pertinent part of the agreement.
Council Member McAdams stated that it was a suggestion to them. it
was important from her persepctive to at least have them know how
the Council felt and ask them to look at it.
Council Member Alexander stated that he felt this was a reasonable
position for the Council to adopt. They were, by approving this
amended motion, accepting the agreement in principal with the
changes that were made during the County's consideration and
exfressing themselves in a very clear fashion as to the Council's
expectations of the way that the Hospital Board would conduct its
business.
city of Denton City Council Minutes
Meeting of June 19, 1986
Page Thirteen
Mayor Stephens asked if there could be a substitute motion for an
amendment.
Council Member Riddlesperger stated that a member of the body could
make a substitute motion.
Chew motion of substitute C.2 for C.3 under the conflict of interest
provisions.
The motion died for lack of a second.
Allen reported that Ms. McAdams motion was to send the letter to the
hospital; motion seconded by Council Member Chew.
Motion to send the letter to the hospital regarding conflict of
interest carried unanimously.
Council Member Alford called the question on the main motion.
Council Member McAdams stated that this was a momentuous occasion.
"We are in effect plowing new ground in this kind of an agreement
rather a transfer, rather than a lease as we had originally
discussed, i think we're all doing this with a great deal of hope
and prayer that this is going to work and provide a public Hospital
for us. i think we're all very cognizant of the fact that, and with
some trepidation, that we are transferring a major public asset to a
corporation and that the public will not have the means of
recovering that asset, so that we're doing this with a good deal of
faith and hope that it will work out from that point of view. It is
a board that will take care of itself, The public will not have
access in terms on voting on those people, so it will be well
insulated in a way. The will have an opportunity In many ways to
either provide for the health care of the people of the County or
• not do It. So It is, it is a, it's a great burden as well as it
seems to me to be a significant challenge and all we can go forth on
tonight as we take this action 1 think Is the faith that, that given
the directions that we've given with the County in the agreement
that, that this will turn out for the good for all the citizens of
Denton and I truly hope that will be the case."
On roll call vote, McAdams "aye," Alexander "aye," Hopkins "a e,"
Alford "aye," Ridulesperger "aye," Chew "aye," and Mayor Stephens
aye, Motion carried unanimously.
The Council then reconvened into the Executive Session to discuss
real estate and personnel/board appointments. No official action
was taken.
With no further items of business, the meeting was adjourned,
SECRETARY
2309C
MEOW
Council Minutes
June 16, 1946
The Council convened special called meeting ■t 6:30 p.m. In the City
manager's conference room.
PRESENTi Mayor Stephens; Mayor Pro Tom Alford; Council Members
Alexander, Chews Hopkins, and McAdams
ABSBNT: Council Member Riddlesperger was out of town at a
Kiwsnis conference
1. The Council convened into the Executive Session to discuss
personnel/board appointments under Sec. 2(g), Art 6252.17 V.A.T.S.
The following official action on this Executive Session item was
taken.
McAdams motion, Chew second to approve the following board
appointments:
AIRPORT ADVISORY BOARD
David Arno
John R. Carrell
Don Williams
Don Smith
SUARD OF ADJUSTMhNT
Frances LeForte
Jerry Stephens
Quinby Self (ALT)
BUILDING CODE BOARD
Edgar Barnes
Robert Courtney
Alfred "Bud" Green
Ed Stout (ALT)
CABLE TV ADVISORY BOARD
Joseph Fearingy{{
Charlie McNefil
G. Seligmann
CITIZENS TKArFIC SAFETY SUPPORT COMMISSION
Wayne Autrey
Gilbert Bernstein
Mike Amador
Gene Gohlke
COMMUNITY DRVELUPMENT BLUCK GRANT CUMMITTLE
Dante Ferrara
Don Chipman
Sibyl Evans
Rosemary Rodriguez
Jo Luker
DATA PROCESSING ADVISURY BOARD
Dale Maddry
Ronald G, McDade
Jim Kuykendall
Lee Bossert
ELECTRICAL CURE BOARD
Clyde McWilliams
Jane McBride
Brad Carrell
Marion Johnson
City of Denton city council minutes
Meeting of June 26, 1986
Page Two
. HISTORIC LANDMARK CUMMISSIUN
Randall Boyd
Bullitt Lowry
Tom miller
HUMAN RhSUURCES AUYISuRY CUMM1TTbl:
Linda Brock
Trudy Poster
Dorothy Uamico
Hector Medina
Myra Crownover
Rudy Rodriguez
LIBRARY BOARD
David Speck
Rodney J. Hutton
Margaret Chrisman
Dorothy Adkins
Jean Glasgow
PARKS AND Rl:CALATIUN BUARU
Gary Kirchoff
Catherine Bell
PLANNING AND TUNING CUMMISSIUN
Bill Claiborne
Ruby Cole
milliam Kamman
Ivan Glasscock
Judd Holt
PLUMBING AND MECHANJUAL COuk BOARD
Jerry Jones
Paul Williams
Pete work
PUBLIC UTILITIES GUARD
Roland Laney
A pointments to the Denton Housing Autnority are made by the Mayor.
The following appointments were made;
uhNTON HOUSINU AUTHUR11'Y
Tom b. Harris
Charles Glasgow
Motion to approve the board/commission appointments carried
unanimously.
Hopkins motion, Alexander second to nominate Nayor Pro Tem Alford to
the North Central Texas Council of Government's Regional
Transportation Council. Motion carried unanimously.
With n further items of business, the meeting was adjourned.
KAY ,
H ti A N, Cily SECRETARY
23650
IIto~ ~ DATE:
CITY COUNCIL REPORT FORMAT' se, Wiliirite '.2►~ ~.~l~6
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: LLOYD V, HARRELL. CITY MANAGER
SUBJECT: Presentation of Beautification Awards
RECQIZOAT ION.:
The Denton Beautification Committee wishes to award Ann and John rarlinq
recognition for their property improvement of landscanina their home at
1208 San Gabriel Drive.
y$, Ur MARY
The Garlings were nominated for the award by the Beautification Committee
and selected by a panel of judges.
BACKGROUND t
Ann and John Garling spend mane hours perfecting a variety of plant
material at their home. This 'personal effort is certainly a credit to
the surrounding neighborhood and the city as a whole. Through their
efforts they have made a positive influence on others and have contributed
PRO" QRA~ ~-AFFECTED:
E.I-SC,AL IMPACT :
RESP FULLZB T TED:
LL D V. HARRELL
CITY MANAGER
PREPARED BY:
AE'Robert K. Tickner
TITLE Superintendent of Parks
A D.
IWAMF.
TITLE
DATE:
CITY COUNCIL REPORT FORMAT' Sept e*t4"i' 2'1,0-?"1,980= O
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: LLOYD V. HARRELLj CITY MANAGER
SUBJECT; Presentation of Beautification Awards
RECOh1MENDATION ;
The Denton Beautification Committee wishes to award the San Jacinto Plaza,
2300 San Jacinto Blvd., recognition for oignificant improvement through
landscaping and architecture.
SUI1MARY
11s. Gloria Burck, property manager for Henri, S. Miller, has made signi-
ficant improvement in the area of 135E and San Jacinto Blvd. with the
addition of the San Jacinto Plaza. The landscaping adds areatly to the
aesthetics of the facility and has continued to be maintained since
installation.
BACKGROUND;
This facilit~' I was nominated by the Beautification Committee and selected
by a nanel of judges.
PROGRAMS. DEPARTMFNTS'OR GROUPS AFFECTED;
FISCAL IMPACj;
RESPEC LLY SUBMITTED:
LLOY V. HARRELL
CITY MANAGER
PREPARED BY:
C
Robert K. Tickner
TITLE Superintendent of Turks
SVED;
NAME~
TITLE
r ♦r
1429F,
DATE: September 2, 1986 '
CITY COUNCIL REPORT FOWT
TO: Mayor and Members of the City Council
FKOM: Lloyd V. Harrell, City Manager
I
SUBJCCT: PUBLIC NEARING ON PROPOSED BUDGET FOR FY 1986-87
it
I
SUMMARY: Public hearing to allow citizen input regarding the Proposed Budget.
BACKGROUND: N/A
FISCAL IMPACT: Operating Budget for 198b-67.
Rettnectfully submitted:
szzoc /
ar e
4cmnager
Prepar uy:
nn Forsythe r
Senior Secretary
Appro ed:
a erso
Assistant D rector of Financf:
Wwwwwwo
t
DATE: 9/02/66
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM; Lloyd Harrell, City Manager
SUBJECT; Hold a public hearing concerning the annexation of approximately
23.6420 acres of land being part of the Gideon Walker Survey,
Abatract No. 1330, and beginning adjacent and north of Edwards Road
approximately .5 mile east of Mayhill Road and approximately .5 mile
west of Swisher Road. (A-41)
RE~"OMMENDATIONs
A Planning and Zoning Commission recommendation will be forwarded at
a later date.
SUMMARY.
The Tommy Corporation states in its application that it is requesting
annexation for the purpose of developing the property in accordance
with the City of Denton's standards. A petition for single family
(SF-7) zoning has been submitted in conjunction with this annexation
request.
The site is not within a flood plain area. Edwards Road is an
unimproved road that is subject to perimeter street paving standards
(17 feet of curb and gutter and improvements to City of Denton
specifications along the entire frontage of the property to be
developed) regardless of whether the tract is annexed or not if
development occurs. An existing 12" water line at the Mayhill Road
and Edwards Road intersection must be extended 41100 feet east to
serve this parcel. City of Denton and TP&L electrical service is
available. The Parks and Recreation Department and Firc Department
have no objections to the proposed annexation.
BACKGROUND!
A 60.8 acre tract of land Adjoining this parcel to the west was
annexed and stoned planned development (PD) foy mixed residential
land use in January, 1986. The Tommy Corporation requested
annexation and zoning for the adjoining tract.
City Council R*port (A-41)
Page 2
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
There are no dwelling unite, businesses, or population existing
within the area of proposed annexation. The Petitioners have
indicated that a water supply district lies within the boundaries of
the area proposed for annexation.
FISCAL IMPACT:
Undetermined.
Respec~ 11y submitted:
r 11
Prepared by: Ci Manager
+V0j" J d VY\
David Ellison
Senior Planner
'App r e
Jeff meyar
Director of Planning
and Development
1627a
IS06L
4
NOTICE OF PUBLIC HEARINGS ONkPROPOSED ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
The City of Denton, Texas, proposes to institute annexation
proceedings to alter the boundary limits of said City to add the
territory described in Exhibit "All . attached hereto and
incorporated by reference herein, to the corporate limits of the
City of Denton.
A Public Hearing will be held by anLbefore the City Co ncil
of the City of Denton, Texas, on the 141- day of ,
1986, at 7:00 o'clock P. M, in the C
r-o
`y Council d am rs a the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation, At said time and
place all such persons shall have the right to appear and be
heard, Of all said matters and things. all persons interested
in the things and matters herein mentioned, w.11 take notice.
. A Public Hearing will be held by and efore the Cit C u cil
of the C: ty of Denton, Texas, on the day of
1986s at 7:00 o'clock P. M, in the C ty ouncil C ers o t e
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things. all persons interested
in the things and matters herein mentioned, will take notice.
z elL
CITY 0 DENTON, TEXAS
ATTEST:
( 24 W, a- 4., 0, , CHARLOTTE .
•
I
EXHIBIT "A"
All that certain tract or parcel of land lying and being situated
in the County of Denton, State of Texas, and being part of the
Gideon Walker Survey, Abstract 1330, and more particularly
described as follows:
BEGINNING at a point in the present city limits, said point
being the Northeast corner of the tract described in ordinance
No. 86-1S, and the Northwest corner of a tract conveyed to Real
Estate International by Deed Recorded in Volume 1830, page 950
of the Deed Records of Denton County, Texas;
THENCE South 860 S9' S911 East along the North boundary line of
said tract a distance of 627.98 feet to the Northeast corner of
said tract;
• THENCE South OS° 3S' 29" West along the Easterly East boundary
line of said tract a distance of 366.0 feet to the Easterly
Southeast corner of said tract;
THENCE North 890 47' 12" West along the Northerly South boundary
line of said tract a distance of 40.21 feet to the Southerly
Northeast corner of said tract;
THENCE South 040 19' 30" West along the Westerly East boundary
line of said tract a distance of 1,507.29 feet to the Southeast
corner of said tract, said point lying in the center line of
said Edwards Road;
THENCE Westerly along the South boundary,line of said tract and
the center line of said road the following three (3) courses and
distances: (1) North 850 20' West, 123.60 feet; (2) Nurth 790
3S' 40" West, 296.87 feet; (3) South 88° 04' 05" West, to the
Southwest corner of said tract;
THENCE Northerly along the West boundary line of said tract,
passing the Southeast corner of the tract described in Ordinance
No. 86-1S, continuing along the present city limits and West
boundary of said tract, (by Ordinance North 20 14' West, 1,867
feet) the following three (3) courses and distancest (1) North
03° 56t Ol" East, passing at 20.S feet a concrete monument,
O continuing for a total distance of 1,047.55 feet; (2) North 020
04' 31" Bast, 583.84 feet; (3) North 000 1S' 53" East 211.70
feet to the placa of beginning and containing 23.6420 acres of
land, more or less.
PLAN OF 9ERVIC$ FOR ANNEXED AREA, CFTY OF DENTONI TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
e adopted by the governing body of a city prior to passage of an ordinance
Onnexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
Section 1. Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service:
I. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
. as the need therefore is established by appropriate
study and traffic standards.
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation,
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 4.09 of appendix A of the code of the
City of Denton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, 'T'exas.
E. Refuse Collection
i (1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
Present city, will begin in the annexed area on
the effective date of annexation.
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation,
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J, Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation, The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
gService Plan
Annexed Areas
page three
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II. Capital Improvem,..nt Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
lines as:
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
. upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
t .
V ~
on-ON
~I to 1c:
`I ~ ,WN \
11 r
w
~xrl.s • ~d.. ,
1,
\ ram;
p...,... r
I .l
Y ~ s. wJ srYY1 •r
Ile
nil ~~`~,(er 't ~
aaaaaaaaoi*
oil
0000
.1 Joe !111
~y yr, r•~,M ,~~h~*'
I . 5 r 71
06
3'Ir: r II ,,Y ,4 ry • M' .4i 't' Z I :1 1,„~'('• • I 5 i `'r.. f
7 //'1 I ' r, ill w'.f~ p~ •,~1~ ' , ' ,
~•;+ii , ; t it ~'C1111 r t..fl; Ir'.. . ~,1~~1~ r
to .•s ,:`i V I!' • 't rl , ,1i~,/,,; ~~.1
1 r. I i Jai
, I 11
r [ .•i 1 1 r I''I 1 , I~. ~r r % I I II~ ~('1 /
` 1 w~'~1l'rr r' 0 I 4 r, ! /J 1~I~ ,~r 1 ~I
iIa,
, 40,41'
1~ ~ I ~ 1, f •r..:y...~mi 1 I. ,11 .I'~. ~ i r, , ! '1+ ~ I
,
It 1...,,
It • 1 it 1s)1;
~r~
1 /I1
Ito s
11 9 ,
III Y 4 ,I 'r Y IL II ! • ~Y r~ r''} co . .4~►W1fi
1 I 1j)I~'1 -~•...r1Y.«.. I ~L'I,.,, } 1~ '/r 'J' `r 'jl ~'7 1~ , ,\11114 !'`~;.~~~fy~.Y~~~1~ N
• ~•I I '1 I.ii .;,9. !~I I~~ t~t~ ~I ~ P~ ' l1 - `
~m11
•I rrl' 1~ r 1 •I •r1I ~ `,u r •r~, I f 'Nr ly~`~'I~It~~ lr, r'\ II
tlz)
SS{ i'~ KI{`, '1.~4 ' 1~~ ''r'1 " r ! .i~,l I~\1 1`~~ J { I
01
} 111 ' I l,/ ~ J
I ,•i' r1- ~ ~~ri*--~ '~+.;'f'~J1 ~j III} i° -.~1~ ~I ~I i! I l
r I~l i' r II /~m1 .r rI+ , i~ •~1 ~ A ~,I~1 ~1,1,~~~,, .
I,
' 11''+. {~lf ,,a IJi' ~ ~'j 1~ ~ 1 i~• ~ ~ ' LJY .Y / fll! 4 llllll1/ r1 S\~~\ r~•r
{ +~/~I " li'1 MAn[ 1 { ~1I1r 1 1 r~I r 11 ' ' I
t'fee. : . • 'if;'t ,`'f~ i I ''r.in-1..~`~Ir t'1..,.f► :.r ter. L tl,r~e, } 7 ,f~' e.
RCI NAAD~ • • I
LOCATICY N MAP & SITE
FCM AMMCATION
TOMMY CORP
1v rrAOpLux
_ U r4 OAA/A
= IO Amp 41
COAP
*a IM►I11a/N omOFrOq 11♦IM h«.
1
A-41
ANNExATION SCHEDULE
July.280 1986 Submit City Council agenda item
✓ July 30, 1986. Submit agenda back-up
* vAuqust 5, 1966 City council sets date, time and place
for public bearing
,'..'August 60 1986 Notice to Denton Record Chronicle
✓Auqust 8. 1986 Publish notice and mailout
&.--August 114 1986 Submit City Council agenda item
~iluqust l3, 1986 Submit agenda back-up for City Council
* ✓Auqust 190 1986 City Council holds first public hearing
at regular meeting
w--"August 20. 1966 Notice to Denton Record Chronicle
August 22, 1996 Publish notice and mailout
Auqust 25, 1966 Submit City council agenda
August 27, 1986 Submit agenda back-up
* September 2, 1986 City council holds second public
hearing At regular meeting
September 15. 1986 Submit City Council agenda item
September 17, 1986 Submit agenda back-up
* September 23, 1986 City Council institutes annexation
proceedings at special called meeting
September 25, 1986 Ordinance to Denton Record Chronicle
September 28, 1986 Publish ordinance
October 27, 1986 submit City Council agenda item
October 29, 1986 Submit City Council agenda back-up
* November 4. 1966 Final action by City Council at regular
meeting
* Denotes action by the City Council
0964q
DATE: 9/2/86
CITY COUNC L ARPORT F2 MAT
/r P0
T0; Mayor and Members of the City Council
FROM: Lloyd Harrell, CiLy Manager
SUBJECT: APPROVAL OF PRELIMINARY AND FINAL REPLAT OF THE H. V. HENNON
SUBDIVISION, LOTS 2 AND 3; APPROVAL OF PRELIMINARY AND FINAL REPLAT
OF THE WOODED ACRES SUBDIVISION, LOT 2, BLOCK 4.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the above
referenced replete.
UMMARY:
Redevelopment of an existing one-story frame house located adjacent
and east of North Locust approximately 100 to 120 feet south of
Sherman Drive is proposed for the H. V. Hannon Subdivision and the
purpose of the replat is to add 10 feet to south property line that
was formerly a part of the abutting lot. The purpose of the replat
of the Wooded Acres Subdivision is to establish a new lot for the
development for the full service car wash south of Dallas Drive
between Allegre Vista and Sombre Vista.
BACKGROUND:
Not applicable.
PROG_MMS,r DEPARTMENTS 08 GROUPS AFFECTED:
City of Denton and property owners.
FISCAL IMPACT:
Undetermined.
Res ally ubm t d;
Llo Harrell
P e ared by: City Manager
David Ellison
Senior Planner
Appr ved
Jeff Mergr-
Director of Planning
and Development
0253o
CITY COUNCIL AGEND;%
MACK-UP SUMMARY SHEET
MEETING DATE: September 2, 1986
SU.AJECT: Approval of the preliminary and final replat of
the H. V. Hennon Subdivision, Lots 2 and 3.
SUMMARY: This property is located adjacent and east of
North Locust Street approximately 100 to 120
feet south of Sherman Drive. The zoning is
general retail (GR) and the intent of the replat
is to add a 10 foot strip to the south property
line of Lot 3 that was sold off of Lot 2 by
metes and bounds description.
The old Piggly Wiggly building is located on
Lot 2. The two-story frame/brick veneer
residence on Lot 3 may be redeveloped for some
unknown retail purpose.
All public facilities are in place and adequate.
Plans for ingress-egress for these properties is
a major concern and the Development Review
f Committee will use every effort to ensure joint
access to serve both lots prior to issuance of
the certificate of occupancy and building permit
for any redevelopment. The Subdivision
Regulation:i and Land Development Code of 'she
City of Denton authorizes the use of joint
access for driveways along major arterials if
possible.
ACTION REQUIRED: Approval of t%e preliminary and final repla.t.
RECOMMENDATION: The Planning and Zoning Commission recommends
approval,
ALTERNATIVE: Approval
ATTACHMENT: Reduced plats
David Ellison
Senior F,lanner
0352e
r II rt W104V ~
4
r Av Tekm Kww All MeN
r l riY'i a//q/Uat/,/ak
~~J { f 4 Y~MCte~ LO'r 15IZ aL•r~,b.xGr>~/nirM.
d j Vz y
yt~r..~' y%Mr, f•w rep J4,., i s d ¢re . _
'LFrI
E_ ?A OTATC Dr MXAb )
61UNTY 0 PrNTOu
r~T / , ~0 u, r740e/ (!~J' tr/,* /17 tlJ~
I{I ~ ~yw~9 ~A7, dY.V'.r,/ ,tjy
s.r9 ~ ~ ~JNr ~ i~ n~, r ~C~I Z~ ~ .,i r ~ :~c/:~nye~~IV`~F.CU fi
, • . ,rr,: /~+nv rle~' ivl.~.t~anvllo~.vli+y\'y~iri~ 'a =
,S}]L-f ivrr~tl~' rYi.rJ' i• ~r7y, rLpuat✓Jy/i,~ie+iq •3~j~•n/
I II Gir t'rl ..rrv.'v' iri/: it ~rl~fit7!~ms :~/raf~cv/ice
it ,Iy, ~•I teG~•f 19.x.. Lrn. Af' A,'I'!S itdL.K -
lam' xvmri/s /
~ gar erljr` /ik n, ;
ei w/ /s~ rr
/,Y,s `b r~/.6t~!%rr ra/a~v~ el/r~a ~m i
a ~ y_r
,7~`',r~• 3~ err .rcvt /1.r~ .ra/~'r a qr f
4/~~¢~. af~~ ..1. 1/nr1r .7G1Yl:Hhr r vrrn ti nor oa, or j
ltlr' .~wJ/ytrra' rn-/.,-r o !4'" ~...t 1
1 `r ~w^~ rur er IATJ 7V✓O rev T11~'l" [ or
I t~.i(7 C' d` o
H•V HtNNON OU90MO1ON
5U1z%tY cWrjmcA &J G2` D CAN, 71
!ai o ,
r " r ti,, Q ~ A~Avj KlI~.KM~fl yr44vva, /cs SrrrCyw NI//Y1C./JCIU/lC//~1CC~ ~Y/FYIY, i1G~l "d//
11 r,•r~' nrc^r y i9"r .h7n.'S .ynnrrf~i~'/ A~Ir .~~r/ftr/
1 rri~Nr`~ ./V► / , r MAY//~.t a
~1QNI~y ~p t 'Ien •'✓rotwl rr/ ,t•ttvt rvk'c• rvi/Y/ !Vi'i' ~t~/t~rxvn
~rY .lr/%v ri,~'.~f%Mi1,b'Y, li~~. r`/J.{./~~..~[I 1~~~/♦♦{~I1\11
~ ~+t+aJlyG~cuNstr.PWi~
Inr~r^ v
_ . •~~a:: k~^'C..vGY~,H.. _ eri• eAf • H?1
~ .v..~rllwn .pn •fiM
rf; 1996 REVTSED
-
va"
1,11}1.t• H. ~INYI1.'
~ Iw ~ 4. f. I gg~
S I *OW AIPRtM WW ALL MtN
*OW
1, ' ~ • ~ 'C - ~y m' meat PtzcacnlT~
~asc~}nn+ ~ ~ ~ x
a~fnr++~~ ~ ae+car
LOT 617 8
D.M7 /c. i~
' Ip I $ IiVf 1A1N~ - 11~VrlIlLWJ
Oran Or TWko
+ eoutW Dr m4ww
O 4' xG! a~tid rir.! ,a ~S
G~~NC~oC7t w
i~ 1w
LOT 212 t~ j~ro' ed~, ` fq, i~ 1
SI Gaeyl U.dei'my/,rs~a~i''.am✓g+'sf/c>r~~.~
6e'Zo 94
V, owl
0;10 xxlv~ Vow,
A". .
4ho
N°' ~y`~►f. rl~`'. ay'" rsfkyM k~ r~nrer ZorJ two,wmrtc a.
r!~ NCIh%GC a ,y Y •/~'rA ~n,ayd/r H•V HtNNON OUXIVIOWN
- IWIW;aor~ TDN
au~~ cr~2rlricn~or~
rNor J, rCLrcxAM4 a .r , Indpv/c,afvtd rrvleeryr N/!Mt/JGU/JC/ r ~2Y, Aa~l "G✓/
1 Ey lyt~ ~ m'/r»D,uty/isin~,wi.lr r/
oia>IKtf/fI/ N ry
Z. /Yw /rrnM erdl e~
a N rrvrnrre r>•ia' r. nr.» :~Cnk*++?7 !r,, rrt't~v,a~ri,rr• Ivq'Yl.'~'v.~itrrtr4
YrLIffI~Y !Vll1~//v riy.rMi,,Ev! 1r.~5, oprN •1
JULL,+-M" CU~•P!M►Jt t
MOW qte%.oM
.J } ueMlnwn rr~•►1N
Y
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATO: September 2, 1986
SUBJECT: Approval of the preliminary and final replat of
Wooded Acres, Lot 20 Block 4.
SUMMARY: This site is located between Dallas Drive,
Alegre Vista Drive and Sombre Vista Drive,
Commercial (C) zoning is in place and the
purpose of the replat is to separate Lots 2RA
and 2RB• Kelly-Moore Paint store is built on
Lot It an automatic car wash is built on
Lot 2RBj a full service car wash is planned for
Lot 2RA. Access to the full service car wash
will be from one driveway on Dallas Drive and
one driveway on Sombre Vista Drive.
Sidewalk is required along the Dallas Drive
frontage. An existing drainage channel will
have to be cleaned. Existing 6" water and 6"
sewer along Sombre Vista Drive will serve the
proposed full service car wash.
ACTION REQUIRED: Approval of the preliminary and final replat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval.
ALTERNATIVES: Approval
ATTACHMENT: Reduced preliminary and final replat
64J,
David Ellison
Senior Planner
0255k
1 I `
V~l•IION QKWtf •
I• iLv ~ I
Ho
4 or
IJU
~ I' r AO'
14-
y4lo
LOTS 6&' \ e'
I L? iw
u
~ O
- x~~•MAk.G6L ~ ` r Y.
II7'~ '6 l~
r*. mow, ro 00 W r>
Md6K I ~ ~ ~ d ~ ♦ ~
MD00a0 Apt-0! wpVlNb J ~p
M. k"Lmrr `
" Nei s .e a ly \ \
_ _ ~ 1NHOLE
- I- o • J a r e' p \
4 J q • d ~ },k. 1.2063 AG
Or I OLPk. 4,
frncutw. yuW*+ OWNEAKcuY G'PNIITCO
. ~ Lr+f tL6
61,dGw .4- ; cry
I ~
Wo. Mls.. MYW \ EffW4
is v , rr. , . f~.~' be •wOVGD AGA > *uwviwm
i ~ -~wre!a ..we f. ►.ef tRa'14K fii.M4~u~'+
Llff
AMP uuALA' V1W
got. •w sr' p•p wwp ►H~Y, ,
~ NYIt4
• 4 KN~r~ OMMpi1
r'oovCC bcRLf lUEVIVIf10N 4 rbTllll.-ITl4
eLOw It
NOOOED 4"A" {VWNKWm, i 1~, I M. GVC LC7T
H. eva"LlY LlJNLO: G. • ' 0.11 • I~EL
MOI'/I fMO6f A" W ►MNC'Of& *PMV
BURKE ENGINEERING
:4NY»Uf4 * W fL4AA"p Of PAV" ,
.r vewcarsf _ BRAN BtfAfcE,RE. '
COW LT"N CM Vomm
RISEVISED OdIrON,TDfAt ca~.N.tni
pY D
RECt
ON I'll ATtfW
11TAlt 0.1 ifeth
i f rt 1 WST• N! NOW
I 1
~,4, r°~ Mg OAS, Y.9, CAirlllr ':1, II lW .mtY r if 411 II111 eerlAln Itart of 1Ad oil,"
sic"" OF .!Lice Ancons, 9AALoW in tIM A. NI11 'Inlwt Ah,Irl" tLdrf 1,.1t In the rll} At !"Dann ivat" fatrll)r
AND tJ w ~.G And twine, All At let Llrxi < of IPA topLlf Al LIork A k"NO r Acres 1,1111 let
1144 1 7M t so Addltlnn It the f.ilr of hnlml'I, tI^w nn IIM rim IMHof rotor" In C46
el ldA „ of l A 111 ter nl dA wl N•
) h<•_4 P • M1M r•w,nlr f-•,a.r a4 r<r,.rxl.w.1 111,9 wrxplwl
!!\w, ` ton nl'Mllr'Jt 1'M ,40-1rvf II ,•1 141.44 4.111 r• p, n'I I1 •r LtlR drv,li,.t 1111111 rl
• `pT~ •ir r.
y 't •--ot Rl(il\4)'M for It, tmHl,w•nl r<rarf of Me Iran Ii ift loseliMA hereit, At <n h
, rrrl fmM.l al IIM Mm•11wvM fmrr wf Ihn Aato In1 1 I. the "In 111 of 41wrrw
IM s 1 ' W K I Q' 1, •+i1 WIN, Ohl the 1441 Ilan .4 Wig4 1'141A lirlve of 9-114 141
o11Y9411H1 Virt CMr TIII'1f1' 1'.111, ON) hwrrew. 4% 1111th., I" 4^rnod% I'a.t With IM` Wolf It" ^1 1419
``JJ t i Inl ; •Iml the 1'441 1Ino. of 1414 .trMn4 Vl Ala lalwy A d19t+nre At 1111,11 11"1 tl
VICOgIf MAP an Ir.n Ir1 Inure Al I,M %orlhWool entm9'
.d MAId Irt
\ t0 NaLI
THI':rl'. riot. Af fNrre.n 11 91 M,n It S,rrnmlM I'•vd kith IM North Ilan of III-
0 I0 60 too 9461 Ise .t dblAWO of 11K.14 I'll In ,t P.K. Mill W At III YnttlwA<I Mrlt.l
ere, 1f lY Pilo paid Inl ij In 1,A '•v,tLrUt tier. l.nl. w.o llm• wr 1,41)14, let'
•1.
4• a \ GIAA4n60 SCALE 111VA71' \&,1h 61 U•rter, A} 41wN., IN Seerwl, ra.t 011, Ire Smrthrrlr Nr.A1.nM
IA out I1n< of INO11ar Arlie, A dlntAno .f 2N,.n1 loot to A pninr fAr th. oA%t r.tt.rfl
1 \ d Ver 4mrthev.( fnfn.r of tlw Uld Inc 1, •~mr M•In,; [I.. Y.y Ilea.[ fm nor of 1nT 1 of
\ ws~e , \O 1 4414 Alnrx h.
of f S4p~' T1111'Cll Sorth Ml IaA1rn1',1 41Md., Mt CnnM,•I, Writ will, Il,n Wirth It" At IIM V
'R ~1/.~1\~,9q 1A1 1 and Pro, %^TIII )IN, of Let I, A dllLrorr of I'McF. N'l in 4u it" rnl ern
Le (rJ\♦V 4p• f^r tho ,Mot SerllMrlr 'wrIIpW'l rn,nrt ^r e., 47 Inl 1.
N 1 ~t //$Y\ FInNIJ \1111. M- I\,rrrr 'in !ItwAv4 1! I.,,'nrVlt 6..,1 fnnl ln,lilV Nlt1, •!M rm AFN 11
f LOT 2 R A heluron 111-1 lnt,r o 11,IAW. of in, NN f.•rl In .,n I,,, ,A Im,nl al An n,,I, 1"•t
\ In III. Coil If... nI 1.1 1.
1075 AC , • f
. ~~T ,j ,fO Tlfnrl'. east 111 imrron9 to? 41wrrr\ 4n Nrrmnlt IIII ,,ml I,rllnr III 11, ttM 1011 r.•.
Jim- of 9311 W., A 1Ifh4M9 of 114 .100 re t to nu Ito, rot for l At 11 4nvtnen
ti I1J C
y a fn!,N•r nf tl-n 4.-117 Ire 4M jr, 9 Ilfxr It f rwr nl Ile +al I I t 1 !o I' 'rr•t
O , a \ fwiL Iln,` of t1, Alw,••• mxl 111x.1 11,If HH.1 ITIrr
n
I qy`. CA
- d0: I ~O !Ifl'%r! m1.1 M'' Irrm••..1 41W i10% t, r•1'ON 1 I'.•t1 vtlh t. 't'1 1 t' .'I 1111
11,.. , .1lrgto Pl,ln hl 1,x0, 4111 il, 'relit Iln• At r,r a dlwlal,, nr to 19,1 Prat .n P,r
a+~ NB"SJ 10'W t \ 1'I.irl'. M el'GIW" •,Ad rv 1n\Ir6 L.Wl nor, n! 1vvt.
~`.M ~t \ 1 P NMI illlhllnhr, 1\oN AI.I. -H\ 41 1111911 I'rl`irYTnt
I 13 I_ U c; K Time, V,1•
%(A r +p \N M rtr 11 111 rw, r I r 11 11 11.1. t 1 p111 11, 1 r I
1 ~ \ rl Ip f 11111 , FI i 1,1 Fill' f. . It 4 f L•rV , h 111 I xr
. r.' IrI H•r, b II f'.,' r Ire , rl u t rt, I.... I.I 11114 r I
Qlai ' ,rl' I '1r S~ ♦Je I1,^ pnlllc r Lerrr rr,n 4114,1 tyb! •.d t 1•v1 ,v1111 rrr•., - rcn', r.
IO 1 ° ~ _l ,P 5;4Tf hr tuns
tN LOT I \ \ re i cat!;.' of Wiro,
i LOT ~L
I 2 R9 1207 AC \ ♦ fCf^. PL 'IC. tl-. uMrre lrnM Nnmrr hlhllr 711 4441 Inc From elite M to )(AP, e^
I 0 32G At \ \ 1.19 111!• her A"AI tp nppr.t[rI' Iamn to nw le INr the
I' 3 por9.n ,•'ne41 mane to sol,serltM On 11,. f.rrrelnn In,tnr•Ont 4ed acxnrw1e44e1
I \ la 114 IhAI hr /roe 'Nee.im the AAA. for I1,. pnnn4. And C.ellAerAtiM there.
It. w\preuel, AM In the CAwcil4 uMrnln ALAto,ll
i 0or r er•ts t'SOtll m IIAno AAn SUL Of Mtlt)' Til)s--_DAr of
V1 L n
1 . _ _ _ _ _ / fy CnA-1U11en fefltreu
!:*%4t).ub ff117n the town <na
I
et f 11'[1 'nft IfltAth
\e1 Ir r 21 25 x 269 s7• S E2 '4r / • I^X'+' .lLf. "1 !f AY IIII.Ar rel'•d.S;!.I
1 /
~ flr4T t, 'IfrUAfL 1, L1111', L'•tl1 rl rd tattle 9mretwr, a hereby e<rtiff that Intl
ALEGRE VISTA QRIVF. L-~ R' 1 ;9 ~2M. 4u' riAi 9.41 pr.plfM fl,,, An .rlr4Al tpl .rnrratr tror.r w~ ISO. IAMI 'A4 tnAr I"
_ (50' R.OM t, 7( re nvwntl r•tMwl l.wroml 4Mr•• ImM1 --I ht.r. n.f m.Inr to direel i^o 1rol ndp<rvtrlww
Crt0110 DrK.1567"SS'IZ'W •»yl' In 4•rntlAnn. Vlrh rb• ^r•N ne nrr. wf 1Lr fllr Amt r^mIY of Mnlr+. Te 4a t.
N
WLGlh:fi d,;NIES }Uddl41?1:,14 W;ir:)ta t. V,1t }IIItINYIf Ii.N
N1„ in
(."Ug,l a` REPLAT WOODED ACRES
I Nulrun..u.'11.,
Alse A LOT 2 BLOCK 4
1s''•!grrr w!{o l
CITY OF DENTON
DENTON COUNTY , TEXAS
REVISED .11 Am, ..1.9.1..9
f t,l r• D.N■ or, to C1)l[ROM • 1000if1}t`
•fe9 fr A" P, 0 f01t i1!
wr+~
a" of OMTOiAf' DigIlTON, rmz" ?#"I
AHMORANDUM
DATE: August 27, 1986
TO: City Council
FROM: Jerry Clark, City Engineer
SUBJhCT: Change order to bid #9609 Stuart/Pershing Paving and
Drainage Improvements
Thi Stuart/Pershing project is now under construction. During
the excavation stage on Pershing, the fragile condition of the
existing water line has been further proven by the heavy
equipment already causing several breaks. The line has a
history of breaks due to its age but wasn't on the Capital
Improvements high priority list. Some other water lines were
causing even higher maintenance costs for the City of Denton's
Utility Department.
The replacement of the water line is being requested as a
change order to the Stuart/Pershing Paving and Drainage
Improvements Project (Bid 9609). Some water and sewer
improvements were bid with the Royal Acres part of the original
bid by Atkins brothers who were awarded both portions of the
contract. To insure that the street reconstruction of Pershing
will be protected by immediate drainage f.-om water line break
maintenance activities, this change order should be approved.
Atkins Brothers are available to do the work at a cost
effective price since they are already on site completing the
projects previously mentioned.
Fiscal Summary:
Length of Project - 950 LF 8" C-900 $13.50/L.F. $12,825
Accessories & Appurtenances 7,200
TOTAL COST $20,025
The Utility Department will be funding the project through
account 623-008-0461-9114-7907.
lease ad i~further information is needed.
Jerry Clark
City Engineer
0401E
&W. AMMSI M1. AMMS
ATKINS HRM. EQUIPMENT CO.. INC.
!18 W, MAUNAU • 6474M
GRAND PRAIRIE, TEXAS 76051
NPLY To FIELD oFPM
4) -
August 26, 1986
City of Denton
Bic! #9609
Acc. #623008046191147907 Change Order 01
Refs Pershing Street Water Line Rehabilitation
1, 950 LF 8" C-900 @13.50/LF 12825.00
2. 1 ea. STD Fire Hydrant @1250.00/ea. 1250.00
3. 14 ea. long water service @225.00/ea. 3150.00
4. 16 ea. short water service @175.00/ea. 2800.00
#20,025.00
The above mentioned prices for construction of a new water main to serve
Pershing Street is basically in line with the new construction at the
Royal Acres Addition. The exception being that approximately thirty
existing occupied homes with water; gas and sewer services in operations
also there is a gas main, existing water main and of course traffic
congestion that had to be considered. Fifteen extra work days are requusted.
We trust chat this is the information you required.
Sine rel ,
lvh,
R. L. Roberts
R. L. Roberts Const., Inc.
RL/d1
ces Atkins Brothers Equipment Co., Inc.
File
40
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and ,
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; and
WHEREAS, Section 2.36 (f) of the Coda 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 or DENTIN HEREBY ORDAINS:
SECTION I.
That the following competitive bide for the construction of,
public works or improvements, as described in the "Bid invita-
tions", "Bid Proposals" or plans and specifications attached
hereto are hereby accepted and approved as being the lowest
responsible bids:
BID NUMBER CONTRACTOR AMOUNT
%32 NASTY !(NAM 370.031.10
ALIEMRSIOS COMTRACTIMG 67.520.00
SECTION II.
That the acceptance and approval of the above competitive
bids shall not constitute a contract between the City and the
person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person
shall comply with all requirements specified in the Notice to
Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification
of the award of the bid.
SECTION III.
That the City Manager is hereby authorized to execute all
necessary written contracts for the performance of the
construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms conditions, plane and specifications, standards,
quaatLties and specified sues contained therein.
PAGE ONE
SUNNI
SECTION IV,
That upon acceptance and approval of the above competitive
bids and the execution of contracts for the public works and
improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the 2 day of September, 1986
RAY STEPHEN-, HAM
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN I CITY SECRETAU
CITY OF DENTON$ TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTONp TEXAS
BY:
PAGE TWT)
DATE: September 2, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BIDN9632 UNDERGROUND DUCT BANK SYSTEM
REgq MDATIOM:
We recommend this bid be awarded to Hasty-Fowler Construction,
Inc. -s indicated by the Utility Department, as the low acceptable bid
for $370,031.10.
SUMMARY: This bid invitation was sent to over twenty prospective vendora.
We received three bids ranging from $317,651.25 to $372,899.00. The
low bidder did take exception and included a rock clause at $30.00 per
yard removal and a limit of $21,000.00 utility relocation clause. We
feel that with the old utilities of water, sewer, gd.s, telephone and
other utilities that could require an unknown extra cost to relocate.
The rock is also an unknown. The Utility Department feels that they
are safer going with a fully qualified bid.
BACKGROUND: Memo from Ernie Tullos and Robert Nelson
Tabulation sheet
PROGRAMS. DEPARTNEXTS OR GROUPS AFFECTED:
FISCAL IMPACT: C.I.P. Utilities
There is no additional. impact on the General Fund.
:ly e:pectf lsubmitted:
U
Lloy V. Harrell
City Manager
Prepared by.,
ame. 6 J. Marshall, C.P.M.
Title: Purchasing Agent
Approved:
✓l1A. n J. Marshall, C.P.M.
Title: Purchasing Agent
DATEI S go~embvr 2, 1986
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROMI Lloyd V. Harrel3, City Manager
SUBJECT: Bid 09632 - Downtown Square Underground Duct Bank
RECOMMENDATION:
It is recommended by the Public Utility Board at the regular
meeting August 20, 19860 that the low bid by Hasty Fowler
Construction Incorporated in the amount of 1$370,031.10 be accepted.
SUMMARY:
Conversion of the overhead electric system on Pecan, Cedar, Walnut
and Austin are part of the capital Improvement Program. It is
intended to improve the appearance of the downtown area and
encourage r,novation. Three spare conduits have been included in
the duct system for future use by General Telephone Company and
Cable TV. Genera! Telephone has agreed to put this project in
their 1987 budget and will pay a pro rata of the cost of the
conduit excluding mahholes,
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
General Public, Downtown Property Owners, Electric Utility
Department
FISCAL IMPACT:
The entire underground project was oria.inally estimated to be
$5000000. It was scheduled to be started In 1985, it was
anticipated to have the conduit system completed prior to 10/1/86.
At this time CIP-87-ED-5A in the amount of $354,000 is scheduled in
the 1987-91 Capital Improvement Program,
4ManaS.,Res ully Subm itted:
ar 1
PARED BYi er
E. B. Tu! os
Assistant Director of Utilities, Electric
APPROVED:
R. E. Nalron
Director of Utilities# Electric
ATTACMM I
q~ r CITY OF DENTON
UYtL~ss M E M O R A N D U M
rrwrrrrrrrrrrrrrr..r.~a.rrr r.~rrr r..r.r.~.~rr.~r rrr rrrr..~rrr a.~r r.rrrrrr r.r .~rrrr...rr
TOs Ennis Tullos, Assistant Director of Utilities, Electric
FROMs Donald L. McLaughlin, Senior Engineer
DATES August 15, 1966
SUBJECTS Bid 9632 - Underground Duct Bank
We recommend that the low bid by Nasty Fowler Conte -mction Incorporated
for $370,031,10 be accepted, The bid by Lewis Dickerson was rejected
due to exceptions taken by Dickerson to the contract.
This bid only col•ers installation of 3100 feet of duct system around the
Downtown Square. In addition to the duct system, the following will
need to be dones
1. Primary electric distribution system needs to be installed.
Estimated cost $250400.
2. Customer hookup to underground. No estimate.
3. Removal of overhead electric lines. No estimate.
,DLLM': bw,~vJ
I
I I ~ I i i
GIP M 46a1 DICI'ffyUN ; ' NRSTY- E.L.
;
HO TIDE GIIDENAG0D DUCT MR Sr5l[:0115'" +{lIU3i F{IW'LEfi DktlUlt i
"PEI+E0 6-11-h 1;00 r,0.
+il,ii'Itif11N I I
1 I
__......----,-_...---k_.._..I--. VFNDt~k
I L'f~ I{E11 DESCFIFTIUN 1 EN[!:4f + vENtiDN I VENOD VEHDUR
____-i
' 1 i ' I 1 1
1 1 1 1
I, ; ! 'U110E CIROUND bucT Will
ISt51Ed I S3B,651,i5 ; 3iU,4?f,iv ?7t,A94,0U
1 I ; ; , I
1 I
1 I ,
Jess ati ity relocation ; iil,uV0.GD1
~ 1 I
1
, I I
I I I
' I I 1 1
I ;net ; 3f1,8;1,25 ;
I i 1
I I I ; ; I I I
I I BID FUND ; yes Yes ; yes
I
I I , ,
t f 1511 dav~ I@"' days ; 170 days 1
1 {
I ,
I 34, vd ; I
I rocl ; I I
1
' E I
i I
I 21,Opn,0 I
+ I 1
eriatino I I
1 utility
I
I damage I
limit
I
DATE: September 2, 1986
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: B1009644 CIP UrILITIRS AIRPORT ROAD
SANITARY SRNRR
RECOM UDATION: We recommend this bid be awarded to the low bidder, Albenesius
Contracting of Denton, Texas and Jackson, Nebraska. The low bid price
is $67,520.00.
SUMMARY: This bid invitation was sent out to some 26 contractors.
The bids were picked up by 25 contractors and suppliers and of that
we received 11 bids. From a low of $67,520.00 to a high of $183,833.00.
We feet this is a very good bid at $67,520.00. We have had Albenesius
Contracting complete, several prior contracts for us and they have been
completed satisfactorily.
BACKGROUND: Staff recommendations to Public Utility Board
Tabulation Sheet
PROGRAMS, DEPARIIENTS OR GROUPS AFFECTED:
r This is a C.I.P. budgeted program for 1986 b.y.
FISCAL IMPACT:
There is no additional impact on the General Fund.
Respect lly submitted:
6044~ V/./
Lloy V. Harrell
City Manager
Pre,-ired by:
Mpg; n J. Marshall, C.P.M.
Title: Purchasing Agent
Approved:
J n J. tlarshali, C.P.M.
1tal: rehasi" Agent
/a
DATE: August IU, 19d0
PUBLIC UTILITY BOAKD EMERGENCY AG4S UA ITEM
TO: Chairman and Members of the Public Utilities Board
FRUN: R, h, Nelson, Director of Utilities
SUBJECT: CONSIDER BID UPENING, BID 096440 1986 CIP AIRPORT ROAD
SEmnR LINE.
RECOMMENDATION:
The Utilities Staff recommends approval of the lowest bid
of Albenesius Contracting in the amount of $67,510.
SUMMARY:
The bids were opened August 19, 1980, and the results are
as follows:
Albenesius Contracting, Denton, Tx. $ 67,520.00
Dickerson Constr., Celina, Tx. 73,980.90
L.b. Deletka Inc., Plano, Tx. 899US7.50
Texas Con. Utility, Garland, Tx. 909494.10
Bill Hazelwood Construction 92,107.91
Jay-mar Corporation 94,240.00
Bar Construction IU00895.UU
C 4 w Utilities Contracting lU8,U01.0U
(.harwel Construction 1U9,081.UU
Joe Benson 1139719.00
Calvert Paving, Denton, Tx, 1839833.00
The Staff recommends approval of the lowest ualif ied bid
of Albenesius Contracting in the amount of ~6,52U.
6ACKGROUND:
'rats is an approved 1986 C1P Project. Presently the
customers at the Airport are un septic tanks. The
proposed development (piaster Plan) at the Airport and the
present unavailability of sewer in this area warrant the
need for tnis sewer )ine. Uriginally, when the sewer
line was proposed two (2) years ago, the routing had
called for only 2,UOU L.f, of lU" sewer line based on
available information at that time, however, when the
Airport ,Master Plan became available to this department,
it was wisely decided to change the routing to include
3,UOU L.r. of IV and 12" pipe.
0202n:19
: 7171 w-
It is projected that this sewer line 4111 adequately take
care of proposed expsusion and developments in this
area. The budgeted amount of $46,000 was based on 2,000
LJ, of 10" sewer line, wherein the lowest bid of $670520
is for 3,000 L.F. of 10" and 12+' sewer line.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
City of Denton Municipal Utilities, City Engineer,
Contractor, and Citizens.
FISCAL IMPACT:
*1986 C1P budgeted amount of $46,00u, Recommended award
of lowest bid $670520.
Account: Sewer Bond
624-008-0471-9130
*Please see background information.
Respectfulyy submitted:
R. Nelson
Prepared by: Director of Utilities
br n un aramoort y
Civil Engineer
Approved:
C. avi am
Asst. Director ut Utilities
Wtr/WW Division
attachment I Sid Tabulation
II Location Map
u2u2n:20
y
LL
I Emt
Ifk , lull"
~
.
01
1 r
PROJECT
LOCATION
1
1.
! I I ! I ! f i I I !
111 1 9111 t C 6 1f ! IAA I ALKNESIN I JOE IENION I CIM I, ILA. IELERIA I PILL I TEI-CM I CALVIN) I 3Ar-)IAA
I IICkE111N1
III TITLE CIP UTILITIES AIRPORT At I 11MIIIE3 ICOMSINKIONS I CHINACTIIM ICOMITRUCT1f# ICM$t UCTIUM I TIIC. I NAMINII I OTILITT I PAVIN/
I CN 041ION ICONIIKfl'
OPENED I-H-16 2104 P.M. I CIINTNACTIM I INC. I I t0. I Ce. I I I I ED. I I Co. INC.
ACCOUMTP b21-001-0171-91ST 1 to. I I I I I I I I f I
' I { I I I ! I I I I I
1IIVITH PTIOII ! -----------t .............t- --------.._I..--•..---- -I- -I• -----------I- -----------I l-----------
I ..I___._.._ . . -VERNON- - I. .VEMW I _.VENIN I VENW 14 VERNON w I VENIM I vtmw I VERNON I VENOII I
VENIIN
I --I -I -I -1- -L-. . -I • -rr _ .I_.- --r .I -t.
i I I I I I I I f I
r 1 1 TOTAL I 1019141.0 1 106013.00 1 61,510.0 1 113,119,01 IM,OII.O I 1,037.50 1 12,291.12 1 01494.201 10,133.00 1 911210.0
1 7391M.10
1 t r r t t t I ! I r I I
I ! 1 I I t I I. I I f t t
! 1 III I" I Yes I I" I certified I I" I pe I Yes I Yes I 9K I Y" I yn I PK
i I I f t clerk I I i I I I I I
t I t t I 43111 1 I 1 I t I ! I
I r f t I I f I t I I ! 1
1 I ! I f 1 ( I f I f I ! ,
• DATE: 9/2/96
CITY COUNCIL REPORT FORMAT
Tot Mayor and Members of the city council
FROM, Lloyd Harrell, Cl ty Manager
SUBJECT: ADOPTION OF ORDINANCE FOR Z-1814
RECOMMENDATIONt
The City council approved z-1814 at a public hearing at its meeting
of August 5, 1986.
SUMMARY1
This was a request for a change in zoning from the single family
SF-10 district to the planned development (PD) classification for
office use on an 18.24 acre tract located at the northeast corner of
old North Road and U.S. Highway 380.
BACKGROUND:
This proposal violates the office concentrAtion policy for low
intensity areas as specified by the Denton Development Guide.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
There is no impact on the general fund.
Res fully sub edt
L1 Harrell
Prepared by: City Manager
Denise ve
Urban Planner
Ap ov
Jeff As
Director of Planning
and Development
02480
IS46L
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 THD CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1,
AS AMENDED, AND AS SAID MAP APPLIES TO 18.24 ACRES OF LAND
LOCATED AT THE NOhTHEAST CORNER OP U. S. HIGHWAY 380 AND OLD
NORTH ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE
FOR A CHANGE IN ZONING CLASSIFICATION FROM SINGLE-FAMILY 11SP-10"
DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOP-
MENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING
FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
THE f01)NCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the zoning classification and use designation of 18.24
acres of real property, described in Exhibit "A", attached
hereto and incorporated herein by reference, is hereby changed
from Single-Family "SP-10" District Classification and Use
designation to Planned Development '+PD" District Classification
and Use designation under the comprehensive zoning ordinance of
the City of Denton, Texas.
SECTION 11.
That the "concept plan", attached hereto as Exhibit "B", and
lncorporati.d herein by reference, is hereby approved as the
concept plan for the district herein established, in accordance
with the provisions of article 11 of Appendix B-Zoning of the
Code of Ordinances of the City of Denton, Texas.
SECTION 111.
That the district herein approved shall be subject to the
following conditions, restrictions, P.id limitations:
1. Land uses permitted in the planned development shall
be the following uses permitted in the Office Dis-
trict of the Zoning Ordinance, Appendix B, of the
Code of Ordinances: Office - professional and
administrative.
2. The six-foot solid screening fence on the northern
boundary ;f the property must be erected prior to
the issuance of building permits for the project.
3. The detailed site plan submittal must Include archi-
tectural elevations to ensure that the proposed
office buildings are physically compatible with the
single family dwellings adjacent and north of the
project.
SECTION IV_
The Zoning lisp 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-i, as amended, is hereby amended to show such chanje in
District Classification and Use subject to the above conditions
and specifications.
Z-1814/PAGE 1
.
SECTION V.
That the City Council of tie City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
things for the character of the district and for its peculiar
suitability for particular uses, and with a view to conserving
tho value of the buildings, protecting human lives, end
encouraging the most appropriate uses of land for the maximum
benefit to the City of Denton, Texas, and its citizens.
SECTION VI.
That this ordinance shall become effective fourteen (14)d&93
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.
PAY ATMr-
CITY OF DENTON, TEXAS
ATTEST:
Z'F)'A)FT;b'TTE ALLEN, CITY TMITM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: _ (0) '?'Y1 trw~^i
2.1811/PAGE 2
IrP
EXHIBIT "A"
All that certain tract or parcel of land situated in the Caswell
Carter Survey, Abstract Number 275 and i., the R,D. Longbottom Survey,
Abstract Number 773, Denton Count?. Texas, said tract being part of a
tract shown by deed to Miss Harve7 Thompson and recirded in Volume
407, page 36 If the Deed Records of Denton County, Texas. and being
more fally described as followat
Beginning st the northwest corner of the tract being described herein,
said corner being North 01 degrees 13 minutes 37 seconds Sesto 362.07
feet from the southwest corner of said Carter Survey, the as" being
the northwest corner of said Longbottom Survey,
Thence South 01 degrees 13 minutes 37 seconds ?lest with the west line
alsoabei g Survey# 333-46
boundary foot
line to
of 5tsitr Highway Numbeeri24iornar
Thence South 65 degrees 42 minutes East with the north boundary line
of said highway 838.61 feet to an iron yin set for corner,
Thence South 88 degrees 17 minutes Ust with said highway right-of-way
277,0 foot to an iron pin set for corner in the north boundary line of
Mingo Road=
Thence North 68 degrees 49 minutes 32 seconds East with north boundary
line of said road 369,38 feet to a fence corner post in the east
boundary line of said tract=
Thence North 00 degrees 26 minutes 22 seconds East with a fence on the
east boundary line of said tract 561,04 feet to a fence corner post,
Thence South 89 degrees 40 minutec 45 seconds West with north boundary,
line of said tract 1383,0 feet to the Place of
18.244 acres of land, mare or loss, mad being the moo tract conveyed
n
by Louis Groaning and wife, Ovalle Groaning to O.F. Holmer, Jr, and
wits, Lavine Jean Heiner by deed dated August 31, 1954, and shown of
record in Volume 397, page 604 of the Deed Records of Denton County,
Texas.
2.1814
EXHIBIT "B"
CONCEPT PLAN FOR GARDEN OFFICE DEVELOPMENT,
CONSISTING OF:
1. Conceptual Site Plan (2 pages);
2. Planned Development Design Statement (3 pages).
NSF-f0
. ~ J
r
NF-I
SF-!0
G.R. ~ \ k~ ~ -7^,,
COMM. COW.
CORPORATION
No Fe" V" om woft Few wo
46
~eaaw w ~Y717
OONOWPT PLAN O
GARDEN OFFICE DEVELOPMENT
II4. WILL CUDD
-'-r
V 7
A~4A.,
D
\ SF-10
1, oil
1 ` ` Y ~ i ~ r Y
Mf-!
r Y • y
1 (6 SF-10
t 1 112 stories
r ) r
r
Q r
ti~ 2 stories
iill 1 !
, ` • Ir ~ it II,'
! ,e f• rrl.. ~ ) f~~ '~/'ice
ae~' , 1 V ! COMM. TI~OPIrKX
cc""' WOIIW=~IIlyi
1 .vet.' ~jj} -a\ ~ ~ Ml~r 1111 ~ T~
TT ~
VWTtp1 a sAmTARv saw= pL^N
CONCERN PLAN O
GARDEN OIRplcg DEVELOPMENT
CX% WILL CLIDD
IArlla ~ 44 di a at
w IIY
' FI q J
6/11/86
L86-018i.PD
P NNE VE f&T D IGN STATEMENT
ud Garden Of Tice -
1. Stateeent of Intgnt
A. To develop a garden office subdivision in compatibility with
the surrounding area and permitted use under Office district.
B. Development and marketing to coincide with established and
future market demand. Construction to be accomplished by
phasing.
2. Relation to Comprehensive Plan
The proposed district is designated as a low intensity area by
the City of Denton Development Guide. Garden office use as
proposed has been permitted in these districts.
3. Acreage
18.24 acres
4. Lan Uses
A. Existing land use - agricultural, pasture - 18.24 acres
B. Proposed land use - garden office - 18.24 acres
59 Off-Site Information
As shown on the Concept Plan
6. Traffic and TraASpo! a ion
As shown on the Concept Plan
A. Projected amount of traffic - 4,741 V.T.D.
B. Parking requirements as permitted by ordinance in office
district
7. 8u 1 i s
A. Approximate location: As shown on the Concept Plan
B. Maximum heights 36-foot two-story and 24-foot 1 1/2 store
as shown on the Concept Plan
C. Minimum building setbackst
Front yard - 15 feet
Side yard - 5 feet
Rear yard - 5 feet
Perimeter - 30 feet
A. Maximum total gross floor area: 357,540 S.F., .45 to 1 F. .R.
8. Residential Subdivisions
N.A.
9. Water and Draineae
As shown on Concept Plan
10. Utilities
As shown on Concept Plan
11. Trees
As shown on Concept Plan. There are no existing trees three
inches in diameter or greater on site.
12. Open Snie, s
20% private use as shown on Concept Plan
136 §cree~ning_
As shown on the Concept Plan, 6-foot privacy fence along north
property line
14. Deve-,-.1°".~nt Sc dule
A. Estimated start of constructions 1987
B. Estimated phasing as shown on the Concept Plan according to
market demand:
Phase I 1987-1989 Detailed Site Plan, June 1987
Phase IT 1989-1991 Detailed Site Plan, June 1989
Phase III 1991-1993 Detailed Site Plan, June 1991
Phase IV 1993-1995 Detailed Site Plan, June 1993
Phase V 1995-1997 Detailed Site Plan, June 1995
CITY COUNCIL REPORT FORMAT DATSt 9/2/86
~ ~
Tot mayor and Members of the City Council
FROMt Lloyd Harrell, City Manager
SUBJECT: ORDINANCE FOR Z-1815
RECOMMENDATION:
The City Council considered this item at its August 19, 1986 meeting
and requested that an ordinance be prepared.
SUMMARY:
A proposed planned development on 412.12 acres located on the west
side of FM 2164 approximately 1,850 feet north of Hercules Lane.
The planned development, if approved, would include retail, office,
multi-family, neighborhood service, townhomes, zero lot line, and
single family land uses.
BACKGROUND:
The Planning and zoning Commission has considered numerous proposals
on this property. The Commission made no recommendation on the
proposal submitted to Council and revisions were made after the
public hearing was cloands The proposal, while an improvement over
previous submittals, will use all the intensity in both the low and
moderate intensity area.
PROGRAMSt DEPARTMENTS OR GROUPS AFFECTED:
All 'apartments involved in the development process. Four property
owners were notified prior to the public hearing.
FISCAL IMPACT:
No impact can be determined at this time,
Res fully ,dub tad:
Llo Harrell
Prepared by: City Manager
CL ("I / Cason
Urban Planner
App V
Jeff Me
Director of Planning
and Development
0250o
r,
15SZL
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
ASESAIDYMAP APPLI EIS TO TBXASo 12 OAC4MSNOF 69-lo AS
LOCATED ON LATHE DED, WEAND
ST
SIDE OF P.M. 21649 APPROXIMATELY 11850 FEET NORTH OF HERCULES
LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A
CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT
CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD"
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR
APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
I
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; I
SECTION I,
That the zoning classification and use designation of 412.12
acres of real property, described in Exhibit "A", attached here-
to and DLdstrictnClassificaeti n~ and hereby bdesignation from
Planned Development "PD" District Classification and Use designa-
tion under the comprehensive zoning ordinance of the City of
Denton, Texas,
SECTION 11.
That the
incorporated "concept plan", attached hereto, as Exhibit "B" ' and
concept plan for the district herein established, In accordance
with the provisions of article 11 of Appendix B-Zoning of the
Code of Ordinances of the City of Denton, Texas.
SECTI OM 111.
That the district herein approved shall be subject to the
following conditions, restrictions, and limitations;
1. Land uses in general retail areas shall be all uses
permitted In the general retail district in Article 7,
Section H-Retail Service Type Uses, and the following
additional uses; amusement commercial (indoor),
theater-other than drive-in type, gasoline service
station, new auto pacts sales stores, rollor and ice
skating rink, and auto laundry.
2. The areas designated for townhouse use must be iden-
tified and approved as attached or detached units on
the detailed plan,
3. All screening and fences must be shown and approved on
the detailed plan.
4. The following transportation improvements are required
as outlined in the Development Schedule in Exhibit
"B". The plans for the improvements must be submitted
with the first plat for any part of the phase, or any
portion thereof,
2.1815/PAGE 1
A. Improvements required to be completed with Phase I:
(1) Construction of U. S. Highway 77 as a four lane
divided arterial from west arterial to :rr
• Street,
(2) Construction of west arterial as a four lane
divided arterial from U, S, Highway 77 to Loop
288.
(3) Construction of left turn lanes and right turn
lanes at west collector and U, S. Highway 77.
(Figure 1)
(4) Provide for installation of traffic slgnaliza-
tion on west arterial at Highway 77 and at the
southern entrance to the project,
B, Improvements required to be completed with Phase II;
(1) Construction of P.M. 2164 as a four lane divided
arterial from the Loop 288 to Orr Street.
(2) Construction of U. S. Highway 77 and F.M. 2164
intersdction at Orr Street. (Figure 11)
(3) Construction of loft-turn and right turn lanes
at F.M, 2164 and loop 288 on south side.
(Figure 111)
(4) Construction of diamond interchange to provide
four-phase operation of P.M. 2164 and Loop 288
and provide for traffic signalizati on at inter-
section and dual left turn lanes.
(5) Construction of right turn and left turn lanes
at P.M. 2164 and internal collector and provide
for signsllzation. (figure 1V)
C. Improvements required to be completed with Phase Ill,
(1) Construction of west arterial as a four lane
divided arterial from Loop 288 to the northern
boundary line of this project,
(2) Construction of overpass at Loop 188 and west
arterial,
(3) Construction of P.M. 2164 as a four lane divided
arterial from Loop 188 to the northern boundary
of this project.
(4) Construction of overpass at Loop 288 for in-
ternal collector.
SECTION IV.
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 Daa on, Texas under Ordinance No. 69-1, as amended, is
hereby amended to show such change in District Classification and
Use subject to the above conditions and specifications.
Z-1815/?AGE 2
i
SECTION V.
'rhot the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
things for the character of the district and for its peculiar
suitability for 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, r,nd its citizens,
SECTION VI,
That this ordinance shall become effective fourteen (14) dayy
frum the date of its passage, and thn City Secretary is hereb;
directed to cause the caption of tills 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.
J
RAY STEPHIiNSO MAYOR
CITY OF DENTON, TEXAS
ATTEST
CHARLOTTE ALLSN CITY SECRETAR7
CITY OF DENTON,ITEXAS
APPROVED AS TO LEGAL FORM:
DEBRA AD01 DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
~r•_f
2-1811/PAGE 3
MMM"
St -Denton
North Pointe Exhibit "A"
4-29-86
p-29-86 Rev.
8-08-86
'METES & BOUNDS
DESCRIPTION FOR ZONING
I - Total
Being a 89.6082 Acre Tract of land situated In the Thomas Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a 316.3636 Acre Tract Flvr of Exhibit "A" of a partition Deed
from Lotto Evers Callahan, et.al,, to A. F. Evers, Jr., as
recorded in Volume 947 Page 751 of the Deed Records of Denton
County, Texas, and being more particularly described as fallowst
BEGINNING at the Northwest corner of sold 316,3656 acre tract,
which is also the Northwesterly corner of the Thomas. Toby Survey
Abstract No. 1268;
THENCE S 89 04'32" E departing said Survey Line a distance of
11800.00 feet;
THENCE S 00 55028" W a distance of 543.00 feet;
THENCE S 12 29"22" W a distance of 313.13 feet to a point of
curvature of a tangent curve concave to the East; whose chord
bears 8 02 00025" E; 210.27 feet.
THENCE Southerly along the arc of said curve, to the Ieft, having
a radius of 420.00 fe-et arid ror an arc distance of 212.53' feet
to a point of tangencyl
THENCE S 16 30'15" E a dititar,t.E cf 155.70 feet intersecting the
Northerly R.O.W. line of statr Highway 288;
THENCE S 73 56'30" W along said R.O.W. IIne a distance of 290.68
feet;
THENCE S 68 50036" W continuing along said R.O.W. line a distance
of 170.37 feet to a point on the arc of a non-tangent curve
concave to the North, whose chord bears S 80 05'58" W; 1384,09
feetl
THENCE We.t~►rly following said R.O.W. line along the are said
curve, to the right, having a radius of 5,619.58 feet and a
central angle of 14 08'521' for an are distance of 1387.62 feet to
a non-tangent Ilnel
THENCE N 00 57106" E departing said R,0.W, line a distance of
1,617.22 feet to the POINT OF BEGINNING and CONTAINING 59,6052
acres or 2,596,403 square feet of land,
z-1916
ST-Denton
North Pointe
4-29-86
5-15-66 Rev,
5-2fi-E6 Rev.
METES f. BOUNDS
DESCRIPTION FOR ZONING
I-a Multi Family Restricted
Townhouse
REIND a 21.4965 Acre Tract of 1a.nd situated in the Thomas Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a 316x3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotta Evers Callahan, et.al., to A. F, Evers, Jr., as
recorded in Volume 947,Page 751 of the Deed Records of Denton
County, Texas, and being more particularly drrcrlbed as followsl
BEGINNING at the Northwest corner, of said 316,3656 acre tract
which Is also the Northwesterly corner of the Thomas Toby Survey
Abstract No, 12881
THENCE S 89 04'32" E a distance of 963.00 feetl
THENCE S 00 37'06" W a distance of 825.00 feet}
THENCE S 62 18'00" W a distance of 370,32 fee tl
THENCE N 89 02'59" W a distance of 638,00 feet Intersecting the
Westerly Boundary of said Thomas Toby Surveyl
THENCE N 00 57'01" E along the Westerly Boundary of said Survey a
distance of 1002.12 feet to the POINT OF BEGINNING and CONTAINING
21,4965 acrav or 936,388 square feet of land.
f
St-Denton
North Pointe
4-29-86
5-29-86 Rev.
METES BOUNDS
DESCRIPTION FOR ZONIN0
I-8 Neighborhood Services
BEING a 2.7687 Acre Tract of lend situated in the Thomas Toby
Survey Abstract No. 1288} Denton County, Texan-, and being a part
of a 316, 3686 Ac,^e Tract Five of Exh l b f t "A" of a partition Deed
from Lotta Evers Callahan, et.al., to A. F. Evers, Sr., as
rtcorded In Volume 947 Page 781 of the Deed Records of Denton
County, Texas, and being more particularly described as follows!
COWENCINO at the Northwest corner of said 316.3656 acre tract,
which is also the Northwesterly corner of the Thort,as Toby Survey
Abstract No. 12881
THENCE 5 89 04,32" E, depart i rrg said survey l In* a distance of
1,408,00 to the Point of Beginning{
THENCE S 89 04'32" E a distance of 395,00 feet{
THENCE S 00 33028" W a distance of 305a9C feet!
THENCE N 89 04132" W a distance of 395.00 feet!
THEWE N 00 55'28" E a distance of 305,00 feet to the POINT OF
BEGINNING and CONTAINING 2,7657 Acres or 120,475 square feet of
land,
St-Denton
North Pointe
4-z'`•'-86
5-15-86 Rev.
-29-E6 Rev.
6-4-86 Rev,
8-08-86 Rev,
8-13-66 Rev,
METES & BOUNDS
DESCRIPTION FOR Z01,11hIG
I-C Multi Family Restricted
Toi-~inhou se
BEING a 26.0973 Acre Tract of land situated in the Thomas. Toby
Survey Abstract No. 12860 Denton County, Texas, and being a part
of a 516.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotta Evers Callahan, et-al., to A. F. Evers, Jr,, as
recorded in Volume 947 Page 751 of the Deed Records of Denton
County, Texas, and being more particularly described as follows)
COMMENCING at the Northwest corner of said 316,3666 acre tract,
which is also the Northwesterly corner of the Thomas Toby Survey
Abstract No. 12851
THENCE S 89 04'32" E, departing said Survey line, a distance of
1800,00 feetl
THENCE S 00 65028" W a distance of 308,00 feet to the Point of
Beginning)
THENCE 5 00 55'28" W a distance of 238.00 feet)
THENCE S 12 29-2211 W a distance of 313.13 feet to a point of
curvature of a tangent curve concave to the East)
THENCE Southerly along the arc of said curve, to the left, having
a chord bearing S 02 00127" El 210.27 feet, and a radius of
420,00 feet and an arc distance of 212,53 feet to a point of
tangencyt
THENCE 5 16 30`15" E a distance of 155.70 feet Intersecting the
Northerly R.O.W. line of State Highway Loop 2881
THENCE S 73 56130" W along said R.O.W. ]Ine a distance of 290.6L
feet)
THENCE S 68 50'36" W along said R,G.W, line a distance of 170,37
feet to a point on the arc of a non-tangent curve concave to the
North, a radial tine of said curve through said point having a
chord bearing of S 74 14'57" Wl 239.98 feet)
THENCE Westerly following said F,,.O,W, line along the arc of said
curve, to the right, having a radius of 50619,58 feet and a
central angte of 02 26'41'0" for an arc distance of 240,00 feet
Page Two
ST-Denton
4-29-86
5-15-86 Rev,
5-29-86 Rev.
6-4-86 Rev.
I-c Multi Family Restricted
THENCE N 14 32'01" W departing said R.O.W. lime a distance of
550.00 feet{
THENCE N 62 18'00" E, a,distance of 370.32 feet;
THENCE N 00 57'046." E, a distance of 625,00 feet;
THENCE S 89 04'32" E, a distance of 442.00 foot;
THENCE S 00 55'20" W, a distance of V5,00 feet;
THENCE S 89 04'32" E a distance of 395.00 feet to the POINT OF
BEGINNING and CONTAINING 26.0973 acr,,s or 19136,798 square feet
of land,
ST-Denton
North Pointe
4-29-86
5-29-86 Rev,
6-4-86 Rev.
6-11-s6 P#V4
METES & BOUNDS
DESCRIPTION FOR ZONING
1-d Multi Family Restricted
Townhouse
BEING a 14,711 Acre Tract of land situated In the Thomas Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a 316.3636 Acre Tract Five of Exhibit "A" of a partition Geed
from Lotta Evers Call4han, et,al,, to A, F, Evers, Jr., as
recorded In Volume 947 Pape 751 of the Deed Records of Denton
County, Texas, and being more particularly described as followsl
COMMENCING at the h~rthwest corner, of said 316,3636 acre tract,
which is also the Northwesterly corner of the Thomas Toby Survey
Abstract No. 1288;
THENCE S 00 571060 W along the Westerly Boundary fine of said
Thomas Toby Survey and Easterly Boundary line of the J. Collard
Survey Abstract No, 297 a distance of 1002.12 feet to the Point
of Beglnninol
THENCE S 89 02'39" E a distance of 638,00 feet;
THENCE N 62 18'00 E a distance of 370,32 feet;
THENCE S 14 32'01" E a distance of 623,70 feet Intersecting the
norhthern R,O.W. line of State Highway Loop 288?
THENCE westerly following said R.O,W. line along the are of said
curve, to the right, having a chord bearing of S 81 19'23" W1 a
radius of 50619.58 feet and a central angle of 11 42'030" for an
are distance of 1,147,62 feet and a non-tangent line,
THENCE N 00 67'01" E a distance of 613,10 feet to the POINT OF
BEGINNING and CONTAINING 1441711 acres of 617,293 square feet of
land,
ST-Dentan
North Pointe
4-29-86
5-25'-S6 Rev.
METES & BOUNDS
DESCRIPTION FOR ZONING
II - Total
BEING a 12,6452 Acre Tract of land situated In the Thomas Tr,by
Survey Abstract No, 12889 Denton County, Texas, and being a part
of a 316.3636 Acre tract Five of Exhibit "A" of a partition Deed
from Lott* Evers Callahan# et.al.9 to A. F. Evers, Jr., as
recorded In Volume 947 Page 751 of the Deed Records.of Denton
County, Texass and being-more particularly described as followsl
COMMENCING at the Northwest corner of said 316,3656 acre tract,
which Is also the Northwesterly corner of the Thomas Toby Survey
Abstract No, 12881
THENCE S 89 04032" E, departing, said Survey linep a distance of
1800.00 feet -to the Point of Beglnningl
THENCE S 89 04'3.)" E a distance of 31030481 feet Intersecting the
Westerly R,O.W. line of F.M. 21641
THENCE S 01 37'38" W a distance of 384.74 feet Intersecting the
most Northerly point of a flare In the Northerly R,O,W, line of
State Highway Loop 2881
THENCE S 39 Ot'20" W along said R.O.W. of Loop 288 a distance of
105,58 feet to the end of said flarel
THENCE continuing along said northerly R.O.W, tine of Loop 288
the 40110wingl
S 87 14120" W a distance of 302.84 feetl
S 88 07'46" W a distance of 207.47 feetl
S 79 39130" W a distance of 312.48 feetl
S 80 18101" W a distance of 308.99 feeti
S 77 17015" W a distance of 307.95 feet=
S 73 25'13" W a distance of 102,67 feet to a point on the arc
of a non-tangent curve concave to the Routh, whose chord
bears S 74 34,17" Wl 735,67 feet;
Page Two
8T-Denton
4-29-86
3-29-86 Rev,
It - Total
Westerly along the arc of said curve, to the left, having a
radius of 5,849,58 feet and a central angle of 07 12'38" for
an arc distance of 736.16 feet to a non-tangent fine=
5 68 16'4^c" W a distance of 379.47 feetl
s 71 22121" W a distance of 307,56 feet)
3 73 36'30" W a distance of 128,00 feetl
THENCE N 16 30'15" W departing said R,O,W, line a distance of
155,70 feet to a point of curvature of a tangent curve concave to
the Eastl whose chord gears N 02 00127" Wl 210,27 feet)
THENCE Northerly along the arc of sald curve, to the right,
having a radius of 420,00 feet and an arc distance of 212.53 feet
to a point of tangencyl
THENCE N 12 251'22" E a distance of 313,13 feetl
THENCE N 00 55'28" E a distance of 543.00 feet to the POINT OF
BEGINNING and CONTAINING 52s6452 acres or, 2,293,225 square feet
of lands
ST-E>enton
North Pointe
4-29-86
5-29-86 Rev.
5-08-86 Rev.
6-13-86 Rev.
HETES & BOUND$
DESCRIPTION FOR ZONING
II-a Single Family - 6000
Zero Lot Line
BEING a 33.6372 ,4c re Tract of land situated 1n the Thomas Toby
Survey Abstract No, 12885 Denton County, Texas, and being a part
of a 316. 3656 Acre Tract Five of F,xh i b i t "A" of a partition Deed
from Lotta Evers Callahan, tt.al., to A. F. Evers, Jr., aI
recorded in Volume 947 Page 751 of the Deed Records. of Denton
County, Texas, and being more p&.rticularly described as follows.;
COMMENCING at the Northwest corner, of said 316.:656 acre tract,
which is also the Northwesterly corner of the Thomas Toby Survey
Abstract No. 12881
THENCE S 89 04'32" E departing said survey IIne, a distance of
1800,00 feet to the Point of Beginning;
THENCE S 89 04'32" E a distance of 1510.00 feet;
THENCE S 03 24119" E a distance of 669.97 feet intersecting the
north P.O.W. line of State Highway Loop 288.
THENCE continuing along Bald northerly R.O.W. line of Loop 288;
S 73 25'15" W & distance of 102,67 feet to & point on the arc of
a non-tangent curve concave to the South, the chord of said curve
having a bearing of S 74 54117" W; 735.67 feet;
Westerly along the arc of said curve, to the left, having a.
radius of 59649.56 feet r.nd a central angle of 07 12'38" for an
arc distance of 736.16 feat to a non-tangent line;
S 68 16'42" W a distance of 379.47 feet;
S 71 22'21" W a distance of 307.56 feetl
S 73 56130" W a dlstanct of 128.00 feet;
I
THENCE N 16 30'15" W departing said R.O,W, line e. distance of
155.70 feet to a point of curvature of a tangent curve concave to
the East1 whose chord bears N 02 00'27" WI 210.27 feed
Pepe Two
ST-Denton
4-29-86
5-29-86 Rev,
II-a Single Fa.mi ly - E'000
Zero Lot Line
THENCE Northerly along the arc of said curve, to the right,
having a radius of 420.00 feet and an arc dl stance of 212.53 feet
to a point of tangencyi
THENCE N 12 29'22" E a distance of 313.13 feet
THENCE N 00 55'28" E a distance of 543,00 feet to the POINT OF
BEGINNING and CONTAINING 33.6372 acres or 19465,236 square feet
of land,
-1 1111 ST-Denton
North Pointe
4-29-86
5-29-86 Rev.
6-11-86 Rev'.
METES ak BOUNDS
DESCRIPTION FOR ZONING
1I-b 044ice
BEING a 19.0080 Acre Tract of land situated In the Thomas Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a 316.3636 Acre Tract Five of Exhibit "A" of a part I t l on Deed
from Lotta Evers Callahan, et.al., to A. F. Evers, Jr., as
recorded in Volume 947 Page 731 of the Deed Records of Denton
County, Texas, and belnQ more particularly described as 4ollowsl
COMMENCING at the Northwest corner of said 31693636 acre tract,
which Is also the Northwesterly corner of the Thomas Toby Survey
Abstract No, 1288;
THENCE S 89 04'32" E departing said Survey IIne a distance of
3310.00 feet to the Point of Beginnings
THENCE S 89 04032" E a distance of 1540.81 feet Intersecting the
west R.O.W. line of F.M. 21641
THENCE S O1 37'38" W a distance of 384.74 feet tot he north
R.O.W. line of State Highway Loop 2881
THENCE continuing along said north R.O.W. line westerly as
fallowst
S 39 01'20" W a distance of 105.58 feeti
S 87 14120" W a distance of 302.84 feetl
S 88 07146" W a distance of 207.47 feetl
S 79 39030" W a distance of 312.49 frets
S 80 18101" W a distance of 308.99 feed
S 77 17'15" W a distance of 307.93 Teets
THENCE N 03 24' 19" W, e.par t I ng sa I d R, 0,W, I I no a di stance of
689,97 feet to the POINT OF BEGINNING and CONTAINING 19.0080
acres or 827,988 square feet of land.
1
ST-Denton
North Point*
4-29-66
5-29-86 Rev.
6-11-86 Rtv.
METES & BOUNDS
DESCRIPTION FOR ZONING
Tract III - Total
BEING a 64.6409 Acre Tr.&ct of land situated In the Thomas Toby
Survey Abstract No. 1286, Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotta Evers Callahan, ottal., to A. F. Evert, Jr., as
recorded In Volume 5.47 Pago 731 of the Deed R*cords of Denton
County, Texas, and being. more particularly described as followsl
BEGINNING at the Intersection of the Wost*rly R.O.W, line of F.M.
2164 and the most Southerly point of flare in the Southerly
R.O,W. line of State Highway Loop 2881
THENCE S 01 37038" W along the Westorly R.O.W. line of F.M, 2164
a distance of. 999.12 foot)
THENCE N 89 14'28" W departing said R,O.W, a distance of 2919,33
fsetl
THENCE N 01 37'38" E a distance of 340.00 fettl
THENCE N 11 49'50" W to the 8outhsrly R.Q.W. of State Highway
Loop 288 a distance of 250.581
THENCE N 71 17'58" E along said R.O,W. a distance of 826.84 foot
to a point of curvature of a tanget curve concave to the Southl
whose chord bears N 73 54'17" El 510.88 feet;
THENCE Easterly continuing along said R.O,W. tint and along the
arc of said curv*, to the right, having a radius of 50510,88 foot
and a c*ntral angle of b5 12'38" for an arc distance of 511.05
f**t to a non-tangent tine being the said Southerly R,O,W, line
of Highway 2881
THENCE N 84 11'20" E continuing along said R.O.W. line a distance
of 684,90 feet;
THENCE S 88 15'05" E continuing along Bald R,O.W, line a distance
of 976,84 feet to a point being the beginning of a flare In the
Southerly R,O,W, of Highway 2881
THENCE 8 38 53'42" E along a flaro In the southerly R,O.W, of
Stato Highway Loop 288 a distance of 91.67 fast to the POINT OF
BEGINNING and CONTAINING 64.6409 acres or 2,815,759 square fset,
T:~
ST-Denton
North Pointe
4-29-86
5-15-86 Rev.
5-2i-8d Rev.
8-08-66 Rev,
METES & BOUNDS
DESCRIPTION FOR ZONING
III-a General Retail
BEING a 20.7370 Acre Tract of land situated In the Thomas Toby
Suruey Abstract No, 128$, Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotta Evers Callahan, et.a1., to As F, Evers, Jr., as
recorded In Volume 947 Page 751 of the Deed Records of Denton
County, Texas, and being more particularly described as followsl
BEGINNING at the Intersection of the Westerly R,Q,W. line of F,M,
2164 and the most Southerly point of flare In the Southerly
R.O.W. line of State Highway Loop 2881
THENCE S 01 37'38" W along the Westerly R,O.W, of F.M. 2164 a
distance of 999,12 feet)
THENCE N 89 14128" W departing said R,Q,W, a distance of 454.32
feet to a point on the arc of a non-tangent curve concave to the
Southwest) whose chord bears N 36 18125" W1 602.73 feet{
THENCE Northwesterly along the arc of said curve, to the left,
having a radius of 500 feet and an arc distance of 646.92 feet to
a point of tangencyl
THENCE N 73 22'22" W a distance of, 127.19 feet to a point of
curvature of a tangent curve concave to the Northeast) whose
chard bears N 33 52'22" Wl 243.50 feet;
THENCE Northwesterly along the arc of said curve, to the right,
having a radius of 200.00 feet and an arc distance of 261,80
feet)
THENCE N 01 37'38" E a distance of 368,50 feet Intersecting the
south R,O.W, line of State Highway Loop 2881
THENCE along said R.O.W, thr followings
N 84 11120" E a distanc* of 60.00 feetl
S 88 15103" E a distance of 976,84 feet)
ST-Dehton
North Pointe
4-29-86
6-16-86 Rig,
3-29-86 Rev,
S 38 6342" E a distance of 91.67 feet to the POINT OF
BEGINNING and CONTAINING 20.7370 acres or 903,305 square fart of
land,
I
i
ST-Denton
4-29-86
5-15-86 Rev.
5-29-86 Rev.
S-0 S-86 Rev,
8-13-b'6 Rev.
METES & BOUriDz
DESCRIPTION FOR ZONING
I II -b hluI ti Farr,I ly
BEING a 30 .5+426 Acre Trac t of 1 and si tuated I n the Thomat Tony
Survey Abstract No. 1288, Denton Count>,, Tox&%, and 'sting a part
of a 3 1 6.3656 Acre Tract F i v e of Exh b i t "A" of a partition Deed
from Lotto Evert Callahan, et.al., to A. F. Evers, Jr., as
recorded I n Vol ume 9,4' Page 751 of the Deed Records of Den tor,
Coun ty, Texas, and be i ng more part i cu l &r l y desscr I bed as fol 1 owi l
COMMENCING at the intersection of the Westerly P,.O.W, line of
F.M. 2164 and the most Southerly point cf flare in the Southerly
R.O.W. line of ;state Highway Loop 2881
THENCE S Of 37'SS" W along the Westerly R.O.W. of F.M. 2164 a
distance of 999.12 feet;
THENCE N 89 14'28" departing said R.O.W. a distance of 454.32
feet to the Point of Beginning;
THENCE N 89 14`28" W a distance of 1170.00 feet;
THENCE N 00 45132" E a distance of 110,00 feet;
'r,HENCE N 53 24'12" W a distance of 222.04 feet;
THENCE N 71 22'02" W a distance of 674.91 feet;
THENCE N 19 16'48" W Intersecting the Southerly R.O.W. line of
State Highway Loop 288 a distance of 303,55 feet;
THENCE N 71 17'58" E continuing along said R.O.W. line a distance
of 383.17 feet to a point of curvature of a tangent curve concave
to the south; whose chord bears, N 73 54'17" El 510.86 feet;
THENCE Easterly continuing along said R.O.W. line and along the
arc of said curve, to the right, having a radius of 5,614.58 feet
and a central angle of o5 12'38" for an arc distance of 511.05
feet to a r,on-tangent line;
THENCE N 84 11120" E, continuing along said R.O.W. Ilse a
distance of 624.90 feetl
Page Two
ST-Denton
4-29-86
5-15-e6 Rev.
5-29-86 Rev.
8-1 3-86 Rev.
111-b Multi Family
THEI*!CE departing said R.O.W. I ine S 01 37'.53° W a direction of
365.50 feet to a curve to the east, whose chord bears S 35 52'222"
E1243.50 feet having a radius of 200.00 feet;
THENCE along said curve an arc distance of 261.80 feet;
THENCE S 73 22'22" E a distance of 127.19 feet to a point of
curvature of a tangent curve concave to the Southwest► whose
chaord bars S 36 18'25" El 602.73 feet;
THENCE Southeasterly along the arc of said curve, to the right,
having a radius of 500 feet and a centres,) angle of 74 07'54" for
an arc distance of 646.92 feet to a non-tangent line and the
POINT OF BEGINNING and CONTAINING 30.9426 acres or, 1,347,859
square feet of land.
ST-Denton
North Pointe
4-2986
15-29-86 Rev,
METES do SOUNDS
DESCRIPTION FOR ZONING
III-c Multi Family Restricted
BEING a 12,9613 Acre Tract of land situated in the Thomas Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a 316,3686 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotta Evers Callahan, et.al., to A. F. Evers, Jr., as
recorded in Volume 947 Page 751 of the Deed Records of Denton
County, Texas, and being more particularly described as follows!
COMMENCING at the Intersection of the Westerly R.O,W, line of
F.M. 2164 and the most Southerly point of flare In the Southerly
R.O.W. tine of State Highway Loop 2881
THENCE S 01 37'3$" W along the Westerly R.O.W. of F.M. 2164 a
distance of 999.12 feet j
THENCE N 89 14128'' W departing said R.O.W, a distance of 1624.32
feet to the Point of Beginningj
THENCE N 89 14128" W a distancr of 1293.21 feetl
THENCE N 01 37038" E a distance of 340,00 feet{
THENCE N 11 49'50"" W Intersecting the Southerly R.O,W, line of
State Highway Loop 288 a distance of 230,38 feetj
THENCE N 71 17038" E along said R.O.W, line a distance of 443,67
feetl
THENCE S 19 13'48" E departing said R,O.W. Line a distance of
303.55 feetl
THENCE S 71 22'02"" E a distance of 674.91 feet;
THENCE S 53 24012" E a distance of 22244 feet!
THENCE S 00 45'32" W a distance of 110.00 feet to the POINT OF
BEGINNING and CONTAINING 12,9613 acres or 564,594 square feet of
land.
ST-Den ton
North Pointe
4-29-66
5-29-86 Rev.
6-11-86 Rev.
METES & BOUNDS
DESCRIPTION FOR ZONING
IV - Total
BEING a 30.3531 Acre Tract of land s€ tuated in the Thomas Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotto Evers Callahan, et,al,, to A. F. Evers, Jr,, as
recorded In Volume 947 Page 751 of the Deed Records of Denton
County, Texas, and being more particularly described as followsl
COMMENCING at the Northwest corner of said 316.3656 acre tract,
which Is also the Northwesterly corner- of the Thomas Toby Survey
Abstract No. 12881
THENCE S 00 57'06" W along the Westerly Boundary line of said
Thomas Toby Survey and Easterly Boundry 1 I ne of the J. Col lard
Survey Abstract No. 297 a distance of 1875.42 feet to the
intersection of said survey line with. the Southerly R.O.W. line
of Highway Loop 288 to the Point of Beginningi
THENCE along the Southerly R.O,W. line of said Loop 288 the
followings
S 88 34044' E a distance of 32.68 feet;
N 82 18'13" E a distance of 512.18 feet{
N 76 47030' E a distance of 306.82 feeti
N 75 09'10" E a distance of 787.78 feet;
N 71 17'58" E a distance of 276.00 feetl
THENCE S 11 49'50" E departing said R.O.W. line a distance of
250.58 feet{
THENCE S 01 37'38" W a distance of 340.00 feet to a point on the
arc of a non-tangent curve concave to the southl whose chord
bears S 85 40'40" W1 228.03 feetl
THENCE Westerly along the arc of said curve, to the left, having
a radius of 19100 feet and an arc distance of 228.44 feet to a
point of compound curvature of a curve to the left whose chord
bears S 40 40'40" Wl S78.00 4##d
Page Two
ST-Denton
4-29-86
5-29-86 Rev.
6-11-86 Rev.
IV - Total
THENCE along the arc of said curve, to the left,•having a radius
of 300.00 feet and an arc distance of 408.94 feet; to the point
of tangency;
THENCE S 01 37138" W, a distance of 227.90 feet to the point of
curvature of a curve to the right whose chord bears S 12 18'49"
W, 111.26 feet;
THENCE along the arc of said curie having a radius of 300.00 feet
an arc distance of 111.91 feet;
THENCE N 67 00'00" W a distance of 444.34 feet to the point of
curvature of a curve to the teft whose chord bears N 78 01'27" W,
267.71 feet=
THENCE along Bald curve having a radius of 700.00 feet an a,c
distance of 269.37 feet to the point of tangencyl
THENCE N 89 02'54" W a distance of 740.25 feet Intersecting the
westerly line of the Thomas Toby Surveyl
THENCE N 00 67'06" E a distance of 555.00 feet to the POINT OF
BEGINNING and CONTAINING 30.3531 acres or 1,322,179 square feet
of land.
ST-Denton
North Pointe
4-29-86
5-29-86 Rev.
8-08-86 Rev,
METES BOUNDS
DESCRIPTION FOR ZONING
IV-a General Retail
BEING a 7.8757 Acre Tract of land situated ire the Thomas Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five 04 Exhibit "A" of a Partition Deed
from Lotta Evers Callahan, et.al,, to A. F. Evers, Jr., as
recorded in Volume 947.'Page 751 of the Deed Records of Denton
County, Texat., and being more particularly described as followt.l
COMMENCING at the Northwest corner of said 316,3656 acre tract,
which is also the Northwesterly corner cif the Thomas Toby Survey
Abstract No. 12681
THENCE S 00 57'06" W along the Westerly Boundary line of said
Thomas Toby Survey and Easterly Boundary line of the J. Collard
Survey Abstract No. 297 a distance of 1875.42 feet to the
Intersection of said survey line with the Southerly R.O.W. line
of Highway Loop 288 to the Point of Beginning:
THENCE S 68 54'44" E, following along the Southerly R.O.W. line
of said State Highway Loop 288 a distance of 32,68 feet;
THENCE N 82 18'13" E, continuing along said R.O,W. line a
distanco of 512,58 feet;
THENCE S 08 00'00" E departing said R,O.W. IIne a distance of
410.20 feet;
THENCE 13 08 02'13" W a distance of 228,54 feet:
THENCE N 89 02'54" W a distance of 575,00 feet Intersecting said
Westerly boundary line of the Thomas Toby Surveyl
THENCE N 00 57106" E along said survey line a distance of 555,00
feet Intersecting said southerly R,O,W, at the POINT OF BEGINNING
and CONTAINING 7,8757 acres or 343,064 square feet of land.
ST-Denton
North Pointe
4-29-86
5-29-86 Rev.
6-11-86 Rev,
METES r!< PO.l1NDS
DESCRIPTION FOR ZONING
IV-b Multi family Restricted
Townhouse
BEING a 22.4774 Acre Tract of land situated in the Thomas Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotta Evert Callahan, et. al,, to A. F. Evers, Jr., as
recorded In Volume 5,47 Page 751 of the Deed Records of Denton
County, Texas, and being more particularly described as followsi
COMMENCING at the Northwest corner of said 316.3656 acre tract,
which It, also the Northwesterly corner of the Thomas Toby Survey
Abstract No. 12881
i
THENCE S 00 57'06" W along the Westerly Boundary line of said
Thomas Toby Survey and Easterly Boundary line of the J. Collard
Survey Abstract No. 297 a distance of 1878.42 feet to the
intersection of said survey line with the Southerly R.O.W. line
of Highway Loop 2861
THENCE S 88 34044" E following along the Southerly R,O.W, line of
said Highway Loop 288 a distance of 32.68 feet;
THENCE continuing along said R.O.W. line the foilowingi
N 82 18'13" E, a distance of 512:18 feet to the Point of
Beginning)
THENCE continuing along said R.O.W. line the followingi.
N 76 47150" E a distance of 306.82 feetl
N 73 09'10' E a distance of 787.78 feet)
N 71 17158" E a distance of 278.00 feed
THENCE S 11 49'50" E departing said R,O,W. line a distance of
250.58 fee tj
THENCE S 01 37'38" W a distance of 340.00 feet to a point on the
arc of a non-tangent curve concave to the southl whose chord
bears S ES 40'40" W1 228.03 feed
s•
Page Two
ST-Denton
4-29-86
5-29-86 Rev.
6-11-86 Rev.
IV-b Multi Family Restricted
Townhouse
THENCE Westerly along the are of said curve, to the left, having
a radius of 1100 feet and an arc distance of 228.44 feet to a
point of compound curvature of a curve to the left whose chord
bears S 40 40'40" W; 378.00 feetl
THENCE Westerly along the arc of said curve, to the right, having
a radl'us of 300.00 feet and an arc distance of 408.94 feet to the
point of tangency;
THENCE S 01 37'38" W, i'distance of 227.90 feet to the point of
curvature of a curve to the right whose chord bears 5 12 18'45'11
WI 111.26 feeti
THENCE along the arc of said curve'having a radius of 300.00 feet
an arc distance of 111.91 feet;
THENCE N 67 0.0'00" W, a distance of 444.34 feet to the Point of
curvature of a curve to the left whose chord bears N 78 01 27 WI
267.71 feet;
THENCE along said curve having a radius of 700.00 feet an arc
distance or 269.37 feet to the point of tangency;
THENCE N 89 02'54" W a distance of 165.23 feetl
THENCE N 08 02'i3" E a distance of 228.54 feet;
THENCE N 08 00000" W, a distance of 410.20 feet Intersecting said
Loop 288 R.O.W. line at the POINT OF BEGINNING and CONTAINING
22.4774 acres or 979.115 square feet of land.
ST--Denton
North Pointe
4-29-86
5-29-86 Rev.
6-11-86 Rev.
8-0$-86 Rev.
8-13-86 Rev.
METES & SOIJNDS
DESCRIPTION FOR ZONING
V - Total
BEING a 176.1315 Acre Tract of land situated in the Thomas Toby
Survey Abstract No, 12881 Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotta Evers Callahan, et.al., to A. F. Evers., Jr., as
recorded in Volume 947 Page 711 of the Deed Records of Denton
County, Texas, and being more particularly described as follows;
COMMENCING at the Northwest corner, of said 316.3656 acre tract,
which is also the Nor thwester 1 y corner of the Thomas Toby Survey
Abstract No. 1288;
THENCE S 00 57'06" W along the Westerly ftundary 1 ine of said
Thomas Toby Survey and Easterly Boundary IIne of the J. Collard
Survey Abstract No. 297 a distance of 2430.42 feet to the Point
of Beginningl
THENCE S 89 02154" E a distance of 740.25 foot to a curve with a
radius of 700.00 fret; whose chord bears S 78 01'27" E; 267,71
feet;
THENCE along said curve an arc distance of 269.37 feet; to point
of tangency.
THENCE S 67 00100" E a distance of 444.34 foot to the point of
curvature of a non tangent curve to the left whose chord bears N
12 18049" E; 111.26 foot;
THENCE along said curve having a radius of 300.0d feet an arc
distance of 111.91 feet to the point of tangency;
THENCE N 01 37'38" E a distance of 227.5'0 feet to the point of
curvature of a curve to the right whose chord bears N 40 40'40"
E; 378.00 feet;
THENCE along said curve having a r•adlus oil '100.00 feet an arc
distance of 408.94 feet to the point of compound curvature of a
curve to the right whose chord bears N 0!5 40`40" E, 228.03 feed
THENCE along said curve having a radius- of 1100.00 foot an arc
distance of 228,44 feet to a point;
i
THENCE 5 01 37'SR" W a distance of 977.70 feet I
ST-Denton
North Pointe
4-29-66
5-29-86 Rev
6-1 1 -86 Rev.
V - Total
THENCE s 89 12'05" E a distance of 1,405.27 feet;
THENCE 5 01 05'43" W a distance of 1,977.53 feet;
THENCE N 89 06'45" W a distance of 3,296.59 feet;
THENCE N 00 57'06" E a distance of 2,524.60 feet to the POINT OF
BEGINNING and CONTAINING 176.1313 acres or. 7,672.280 square feet.
r
ST-Denton
North Pointe
4-29-86
5-29-86 Rev.
METES & BOUNDS
DESCRIPTION FOR ZONING
Va - Multi Family
BEING a 18.2644 Acre Tract of land situated In the Thomas Toby
Survey Abstract No. 12880 Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotto Evers Callahan, et-al., to A. F. Evert, Jr., as
recorded in Volume 947 Page 751 of the Deed Records of Denton
County$ Texas, and being more particularly described at.follaisl
COMMENCING at the North44est corner of said 3163656 acre tract,
which Is also the Northwesterly corner of the Thomas Toby Survey
Abstract No. 12881
THENCE S 00 57106" W along the Westerly Boundary line of said
Thomas Toby Survey and Easterly Boundary line of the J. Collard
Survey Abstract No. 297 a distance of 2430.42 feet to the Point
of Beginning;
THENCE S 89 02'54" E a distance of 575.00 feet;
THENCE S 00 57'06" E a distance of 530.Ou feet;
THENCE S 46 19026" W a distance of 174.09 feet;
THENCE S 00 57'06" E a distance of 583.10 feet;
THENCE S 25 30'45" W a distance of 380.00 feet;
THENCE N 89 30000" W a distance of 330.00 feet]
THENCE N 00 57'06" E a distance of 1585.00 feet to the POINT OF
BEGINNING and CONTAINING 18.2644 acres or'795,598 square feet of
land.
ST-Denton
North Pointe
4-29-86
5-29-E:6 Rev.
6-11-86 Rev.
METES & BOUNDS
DESCRIPTION FOR ZONING
V-b Single Family - 6000
Zero Lot Line
BEING a 43.8771 Acre Tract of land si tvated i n the Thomas Toby
Survey Abstract No, 12880 Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotta Evers Callahan, et, al,, to A. F. Evers, Jr., as
recorded In Volume 947 Page 751 of the Deed Records of Denton
County, Texas, and b*ln§,more particularly d*scrlbed as follows;
COMMENCING at the Northwest corner of said 316,3656 acre tract,
which is also the Northwesterly corner of the Thomas Toby Survey
Abstract No. 129el
THENCE S 00 57'06" W along the Westerly Boundary line of said
Thomas Toby Survey and Easterly Boundary line of the J. Collard
Survey Abstract No. 297 a distance of 2430.42 feet{
THENCE S 89 02'54" E a distance of 373.00 feet the pont of
B*~Inninq;
THENCE S 89 02'54" E s. distance of 165,25 feet to the point of
curvature of a curve to the left whose chord bears S 78 01'27" El
267.71 feet and a radius of 700 feet;
THENCE along sald curve an arc distance of 269.37 feetl
THENCE S 67 00000" E a distance of 264,31 feet;
THENCE S 23 00000" W a distance of 440.00 feet;
THENCE S 31 30000" E a distance of 546.00 feet;
THENCE S 17 45'300 E a. distance of 494,00 f*etl
THENCE S 46 00'0)" W'a distance of 742,00 feetl
THENCE S 72 30110" W a distance of 800.00 f*etl
THENCE N 89 02'54" W a distance of 250.00 feet;
THENCE N 00 57'06" E a distance of 679.30 feet;
Page Two
ST-Denton
4-29-83
3-29-86 kev.
6-11-86 Rev.
V-b Single Family - 6000
Zero Lot-Lint
THENCE S 89 30'00" E a distance of 330.00 fret;
THENCE N 23 30'43" E a distance of 380.00 feet;
THENCE N' 00 37'06" W a distance of 585.10 f*et;
THENCE N 46 19'26" E a distance o4 174.09 feet;
THENCE N 00 37'06" W a••distanet of 330.00 feet to the POINT Of
BEGIM41NO and CONTAINING 43.8771 Acres or 1,911,286 square feet
of land,
St-Denton
North Pointe
*4-29-86
5-29-Q6 Rev.
6-11-EA Rev.
.8-08-56 Rev.
METES be SOLINDS
DESCRIPTION FOR ZONIN5
V-c Single Family - 750E
BEING 68.1617 Acre Tract of land situated In the Thomas Toby
Survey Abstract No. 12869 Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from Lotta Evers Callahan, et.al,, to A. F. Evers, Jr., as
recorded in Volume 947 Page 731 of the treed Records of Denton
County, Texas, and being more particularly described as follows)
COMMENCING at the Northi%~est corner of said 316.3656 acre tract,
which Is also the Thomas Toby Survey Abstract No. 12881
THENCE S 00 57'06" W along the Westerly Boundary line of said
Thomas Toby Survey and Easterly Boundary line of the J, Collard
Survey Abstract No. 297 a distance of 2430.42 feet{
THENCE S 89 02054" E a distance of 740.25 feet to the point of
curvature a curve to the north whose chord bears S 76 01'27" E,
267.71 feet with a radius of 700 feet{
THENCE S 67 00'00" E a distance of 319.34 feet to the Point of
B*Qinningl
THENCE S 01 37'38" W a distance of 977.70 feetl
THENCE S 89 12'05" E a distance of 1405.27 feet{
THENCE S Of 05'43" W a distance of 1977.03 feetl
THENCE N 89 06'45" W a distance of 485.00 feet{
THENCE N 05 30'15 W a distance of 279.80 feetl
THENCE N 57 00'00" W a distance of 325.50 feetl
THENCE N 35 30'00" W a distance of 631.00 feet{
Page Two
ST-Den ton
4-29-86
5--29-86 It,v .
6-11-86 R,v.
V-c Single Family - 7500
THENCE N 47 30'15" W a distance of 830,00 feet;
THENCE N 29 15000" W a distance of 645.00 feet;
THENCE N 23 00'00" E a distance of 306.44 feet;
THENCE S 67 00100" E, a distance of 125.00 feet to the poi.it of
curvature of a non tangent curve to the left whose chord bears N
t2 18149" E; 111.26 feet;
THENCE along said curve having a radius of 300,00 feet an arc
distance of 111.91 feet*to the point of tangency;
THENCE N 01 37'38" E a distance of 227,90 feet to the point of
curvature of a curve to the right whose chord bears N 40 40'40"
E; 378.00 feet;
THENCE along said curve having a radius of 300.00 feet an arc
distance of 408.94 feet to the point of compound curvature of a
curve to the right whose chord bears N 85 40'40" E, 228.03 feet;
THENCE along said curve having a radius of 1100.00 feet an arc
distance of 228,44 feet to the point of beginning and containing
68,1617 acres of 2,969,122 square feet of land,
ST-Denton
North Pointe
4-29-86
5-29-86 Rev.
6-11-86 Rev.
e-08-86 Rev.
METES & BOUNDS
DESCRIPTION FOR ZONING
Vd- Dedicated Park
BEING s~ 13.3083 Acre Tract of land situated in the Thomas, Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a 316.3656 Acre Tract Five of Exhibit "A" of a partition Deed
from L n t t a Evers Ca IIahan, et.al. to A. F. Evers, Jr., as
redorded in Volume 947 Page '51 of the Deed Records of Denton
County, Texas, and being more particularly described as followse
COMMENCING at the Northwest corner of said 316.3656 acre tract,
which is also the Northwesterly corner of the Thomas. Toby Survey
Abstract No. 12681
THENCE S 00 57'06" W a.ung the Westerly Boundary line of said
Thomas Toby Survey and Easterly Boundary line of the J. Collard
Sutvey Abstract No. 297 a distance of 2430.42 feet;
THENCE N 89 02 34 W a distance of 575.00 feet to a curve 0 the
north with a radius of 700 feetl whose chord hears S 78 01'27" W,
267.71 feet)
THENCE along said cu-v& an arc distance of 269.37 feet) to the
point of tangency;
THENCE S 67 00100" E, a distance of 319.34 feet to the Point of
Beginning)
THENCE S 23 00'00" ICJ a distance of 306.44 feetl
THENCE S 29 15'00" E a dl stance of 645.00 feet)
THENCE S 47 30'15" E a distance of 830.00 feet;
THENCE S 35 30100" E a distance of 631.00 feet{
THENCE S 57 00'00" E a distance of 325.50 feetl
THENCE S 05 30'15" E a distance of 279.80 feet;
THENCE N 89 06'4'x" W a distance of 475.00 feet j
THENCE N 05 00'00" W a distance 04 230.00 feet;
Page Two
ST-Denton
4-29-86
5-29-86 Rov.
6-11-86 Rev.
8-08-86 Rev.
Vd - Dedlc'ated Park
THENCE N 21 00'00" W a distance of 500.00 feed
THENCE N 315 00'15" W a distance of 372.2$ feet{
THENCE N 82 45'44" ICJ a distance of 373.56 feet{
THENCE N 17 45'30" W a distance of 494.00 feet{
THENCE N 31 30'00" W a distance of 546.00 feetl
THENCE N 23 00'00° E a distance of 440.00 feetl
THENCE 5 67 00'00" E a distance Of 55.03 feet to the POINT OF
BEGINNING and CONTAINING 13.3083 acres or 579,711 square feet of
land.
A y
St- Denton
North Pointe
4-29-86
5-29-66 Rev.
METES & BOUNDS
DESCRIPTION FOR ZONING
Ve - Single Family - 100000
BEING A 29.5070 Acre 'Tract of land situated € n the Thomas Toby
Survey Abstract No. 128$9 Denton County, Texas, and being a part
of a 316.3636 Acre Tract Five of Exii l b i t "A" of a partition Deed
from Lotta Evers ~allah~an, et.al., to A. F. Evers, Jr., as
recorded in Volume 947 Page 731 of the Deed Records of Denton
County, Texas, and being more Particularly descr•lbed as follows,
COMh1ENCING at the Northwest corner of said 316.3656 acre tract,
which is also the Northwesterly corner of the Thomas Toby Survey
Abstract No. 12881
THENCE S 00 5'1'06" W along the Westerly Bounary llhe of said
Thomas Toby Survey and Easterly Boundary line of the J. Collard
Survey Abstract No. 297 a distance of 4694.92 feet;
THENCE S 89 02'54" E a distance of 250.00 feetl
THENCE N 72 30'00" E a distance of 173.31 feet to the Point of
Beginningl
THENCE N 72 30'00" E a distance of 624.49 feet}
THENCE N 46 00000" E a distance of 742.00 feet;
THENCE S 82 45'44" E a distance of 375.56 feetl
THENCE S 35 00'15" E a distance of 3;2.25 feet;
THENCE S 21 00'00" E a distance of 500.00 feet;
'THENCE S 05 00'00" E a distance of 230.00 feetl
THENCE N 89 06045" W a distance of 1836.59 feet;
THENCE N 00 53'15" E a distance of 123.00 feet;
THENCE N 22 44001" W a distance of 207.62 feet to the POINT OF
BEGINNING and CONTAINING 29.5070 acres or 1,285,326 square feet
of land.
ST-Denton
North Pointe
4-29-86
5-29-86 Rev.
METES SOUNDS
DESCRIPTON FOR ZONING
V-f Neighborhood Services
BEING a 3,0128 Acre Tract of Iand sItua ted In the Thomas Toby
Survey Abstract No. 1288, Denton County, Texas, and being a part
of a. 316,3656 Acre Tract Five of Exhibit "A" of a partition Deed
form Lotta Evers Callahan, et.al., to A. F. Evers, Jr., as
recorded in Volume 947 Page 751 of the Deed Records of Denton
County, Texas, and being more particularly described as fr,'lows:
COMMENCING at the North" st corner of said 316.3656 acre tract.,
which It also the Northwesterly corner of the Thomas Toby Survey
Abstract No. 12881
THENCE S 00 57'06" W along the Westerly Boundry lint of said
Thomas Toby Survey and the Easterly Boundary line of the J.
Collard Survey Absract No. 297 a distance of 40694.92 feet to the
Point of SegIning;
THENCE S 89 02'54" E departing said Survey Line a distance of
250.00 4eetl
THENCE N 72 30100" E a distance of 175,51 feet;
THENCE S 22 44'01" E a distance of 707.62 feetl
THENCE S 00 53'15" W a distance of 125.00 feet;
THENCE N 89 06'45" W a distance of 500.00 feet intersecting said
Westerly T. Toby Survey line;
THENCE N 00 57'06" E following along said survey line a distance
of 260.00 feet to the POINT OF BEGINNING and CONTAINING 3.0128
Acres or 131,235 square feet of land.
EXHIBIT "B"
CONCEPT PLAN FOR NORTH POINTF, CONSISTING OF:
1, Conceptual Site Plan (3 pages)
2. Development Standards and Development Schedule
(2 pages)
3. Traffic Condition Figures (4 pages)
Z-1815
• .4_F
. _ P
~ r
1 '
t' .may-~_' ® Y/f*~I® t
.r.Y.
' LEGEND
VI
j ~ ~:rc o
OWN
` J ANiL?I May
t7 11..1L1L1 '
rowwmm
w~i uir w nr w ~ armor w
l rw r rowMp p' A
j PLANNED OMU)PMW
, PLAN
! /~~~nj',
M Y W V • GE~Inu
MU ACfM
n
rwr-am
MYrr
SWINNEY/ TEBO INTERESTS
rr
1
+1 ,
,
~FWfw • IN~
Do" MAW, qpnw
, M ~fL ~ t r•, M Ylltlr W /Y ~ iir w.
I so" w.
aftowmMe oft'
"S tum"
r
IM I N • I •
NNW
•NY•.'~ MN 5,\ M
a1 ►M
0"
09 1 , ► I I 10".
rr fwwa r w+" WMMIy.I r
r. • r. 1.~`..,'"•.~_ JII ~ M I F 1~1 .i...1.N.N ~rY,~ ~
1 • 1•,, ~h1\ 1 JII1 •W• ~ i 1. NI«N•r«N«N. 4'WNM 1«.MrNl yy~I `
M•N AWO Y. ` ♦ . j„ rr.... « F... yNyyjNy,yy~ryy~ ~j F
\ ` • ~I wt'MIq 1 ~171~ W 1'Wy yN« "NNrNI
16
~y1F~1 ,F«N
1~ i ' • '4 , 4 MNNr IN. N«M NFM.N.FIMy
NN
♦ U J
Ay.wY,~~Iw11w A W Wa .I FN.
W F«YIWpNI MNN. •1 I
• 1 ' . 1. IN«NI M FN. r
! 1
(J 1 1 / ~A hii FlN~ F. FF M Yyr 1 1!Y« «II ~
1 I \ _ J'- 1. YV F.urh h. Nn N FupliW,
1 ~ ( \ ` 1 I A .w W r...wi . INyrrN.w• 1N« NW. w Fw.
y N. NIIIIN« Mill i li rll«My«WNI «,wy r
IA MN«« .111 WN MUW M.
Y .~'w'O L~!'ili"C'f'IFltT/LSS. w MN uw«N wW
1 ! ~ ~ 16 Ln1W~
Y 1 \ Ww..l.« N NN
wrINW. F«Yr. ..N«YW11 N1Fh 1«WW
M, I - - 'G\ MgCILTY1r • rl.w lr 1+,001•+y
~uYIY y , Jr riyM yM~/•rW O` i ~w fi~~IFwI F.
ion, I t 4YYK MI«V ' ,
N,x.
«...~~♦~e. FYI I .
VOW
Now Now mot
d" so $mwiw mm mim"
60 k INa ' Y 1a Y~ nm"
+ PLAWIE0 DEVELOPMENT
• 11 CONCEPT /LAN
III
•A•.» rr MWTN POINTE
MU ACRES
• TEXAS
'wi
SWINNEY/ TEBO INTERESTS
r ~
J
i
Waft. $to.
f
• M
M
f
I~ ~ 1
WATER & SEWER ,
41t ACRES
r• OENTON, TIM
Mtt R ~r tAP ^•4MtlfY SWINFiLEYMESO INTERESTS
z
PLANNED DEVELOPMENT
1. Statement of Intent: It is the intent of Swinney Tebo
Interests, Inc. to market this
property to developers.
2. Comprehensive Plan: This plan proposes a change in the
Development Guide by increasing the
moderate node at Loop 288 and 2164,.
The change is due to tho properties
location, existing constraints,
configuration of development tracts,
and transition from surrounding uses.
3. Acreage; The total acreage is 412.12 including
Loop 268, divided into five tracts.
4. Land Uses: See plan.
5. Uff-Site Information See plan.
6. TraLffic: 28,353.19 td/ac in moderate area.
24,511.88 td/ac in low area. (Staff
provided figures.)
7. Buildings: See plan for general development plan
for building locations.
8. Residential: See plan for restrictions; see
general development plan for layout,
9. Water and Drainage: See plan. Detention required.
10. Utilities: Will be per City requirements pending
final design. See attached plan.
11. Tres: None.
12. Open Space: 13.721 acres dedicated park. Nine
acres allocated open space easement.
13. Screening: Per city requirements at site plan
submittal.
f~r'EVr WE w( .
► Planned Development
Page 2
14. Development Schedule: Proposed schedule pending marketing
and economics:
PHASE 1: 1986 - 1990
Tract Y
Detail Plan
JLY - 89
PHASE 2: 1987 - 1990
Tract III
Tract IV
Detail Plan
JLY - 89
PHASE 3: 1989 - 1992
Tract II
Detail Plan
JLY - 91
PHASE 4: 1991 - 1994
Tract I
Detail Plan
JLY - 93
0344e
•S'
FZGUP '
t
Mfl i4A ii
U.S. 77/West Arterial
f. JEW",
i
~ d
r
A* lamas I f
I ~ ~ I
tit
--two
Now
11 ~
1 I ~4
!I rII
w !1 ~ o J ,
I I I
i
FM 2164/U.9. 77 Intersection
7WIll
F GUA III
mom" 00
F.M. 2184
NO 44AL•
FM 2164/Loop 289
mom
FIGURE IV
we aftuaTom
Site Collector/FM 2164
i
i ~
September 1, 1986
CITY COUNCIL AGENDA
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJECT:
Consider Ordinance For Abandoning And Vacating Certain.
Utility Easements As Described Herein; And Declaring An
Effective Date.
RECOMMENDATION:
The Public Utilities Board, at their meeting July 23, 1986,
recommended abandonment of the easaments associated with
the Brazos Transmission Line which has been removed north
of US 380, northwesterly to Locust Street.
SUMMARY/BACKGROUND:
The original 69 KV Brazos Transmission Line was constructed
in 1950 and was not used after 1.978 when portions were
converted to 138 KV and terminated at Denton north
interchange. The entire line and right.-of-way was
purchased by the City in 198U so that the portion south of
US 380 could be used for the route of the TMPA 138 KV line
between Spencer and Arco. The old unused transmission line
was removed in 1984. Abandonments of the easments will
allow new developments/property owners full use of this
land, An easement has been acquired which will allow our
pole and guys an the northside of US 380 to remain in
original easement R. J. Button presently owns.
PROGRAMS, DEPARTMENTS OR GROUPS AFFEC bi):
Property Owners
FISCAL IMPACT:
None
4426U:1
3
Prepared by: Resp fu~llly,
( , , What!
Ernie Tullos arxe
Asst. Director of Utilities City Misnager
Approved by:
X, ~L4Y~a~ R. E, Nelson
Director of Utilities
Attachment I Ordinance
II Minutes PUB Meeting of 7/23/86
4426U:2
4, r.:,. T
, 1SOSL
NO.
4f
AN 04DINANCO ABANDONING AMC VACATING CERTAIN UTILITY EASEMENTS AS
OESCAIHED HEAEINI AND DECLARING AN EFFECTIVE DATE.
• MItEABAS, the City Council of the City of~Deaton, Texas has
detersined that the kereiaafter describedy utility easements are
ne longer needed for public use; and
WHEREAS, in accordance with the provlsio~os of Texas Revised
Civil Statutes, Article $421c-12, an appraisa: of the fair market
value of said easements has been obtalaedl and
WHEREAS, in accordance with state law, said easements are
being abandoned end vacated In consideration of the receipt of
their fair market value by the abutting property owner thereof;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I.
That the hereinafter described easements are abandoned.and
vacated as easements for public utilities;
A. Basement and rtght-of-way as described in that certain
deed from W. J. Pilgrim onJ wife Rosie Pilgr, i to Brazos Electric
Power Cooperative, Inc., filed October 24, o49, and recorded in
0 and being ,thatesame eof the asements assigned Records byf BrazosDenton Coutyic TPower
Cooperative, Inc. to the City of Denton, Texas, by instrument
dated October 6, 1980, recorded in Volume 1106, Page 78, of the
Deed Records of Denton County, Texas.
deed from So
B$Easemet and rt R Moorettof Brasoss EIectricePower tCooperative,t
filed March
Records 0of10entonnCountys Tox~s, InVolume 12, Page 43
easement assigned by Brazos Electric Power Cooperative, Inc. to
the City of Denton, Texas, by Instrument dated October 6, 1980,
recorded In Volume 1106, Page 78, of the Deed Records of Denton
County, Texas,
C. Easement and right-of-way as described in that certain
deed from Jessie Long to Brazos Electric Power Cooperative,
Inc., filed November 12, 1949, and recorded in Volume 357, Page
59 of the Deed Records of Denton County, Texas, and being that
same easement assigned by Brazos Electric Power Cooperative, Inc.
to the City of Denton, Taxes, by instrument dated October 6,
1980, recorded in Volume 1106, Page 78, of the Deed Records of
Denton County, Texas.
D. Easement and right-of-way as described in that certain
deed Eros S. A. Thompson and wife. Annie 0. Thompson to Brazos
Electric Power Cooperative, Inc.. flied November 21, 1949, and
recorded In Volume 354, Pa go 399 of the Deed Records of Denton
County, Taxes, and being that same easement assigned by Brazos
Electric Power Cooperative, Inc. to the City of Denton, Texas, by
instrument dated October it 19800 recorded in Volute 1106, Page
78, of the Deed Records of Canton County, Texas,
E. Easement and right-of-way as described in that certain
deed from Luther Hoke and Wag Ethel Hoke to Nrazos Electri;,
Power Cooperative, Inc., filed December 22, 1949, and recorded in
r
Volume 3570 Page 57 of the Deed Records of Denton County, 'Texas,
asd belsg shat same easement assigned by Bratos Electric Power
t= Cooperrtlre, inc. to the city of Oemton, Texas, by instrument
dated October 6, 19106 recorded in Volume 1106, Page 741, of the
Ned Records of Denton Cootty, Texas,
P. Easement sad right-of-way as described is that certain
deed from mottle Shultz to Bross$ Electric Power Cooperative,
' Inc., filed November Ss 11480 amd recorded In Volume $57, page 941
of the Deed Records of Denton County, Tuts,, and being that same
easement assigned by Bratos Electric Power Cooperative, Inc, to
the City of Denton, Texas, by instrument dated October 6, 19410,
recorded in Volume 1106, Peg* 74, of the geed Records of Denton
County, Texas.
0. Basement and ri;ht-of-way as described In that certain
deed from J. T. Abler and wife. Flossie Abler to lratos Electric
Power Cooperative, Inc., filed June 21, 1941, and recorded in
Volume 344, Pape 409 of the Oced Records of Denton County, Texas,
and being that same easement assigned by Brazos Electric Power
Cooperative, Inc. to the City of Denton. Texas. by instrument
dated October 6, 19410, recorded in Volume 1108, Page 78, of the
Deed Records of Denton County, Texas.
H. Easement and right-of-way as described in that certain
deed from Louise Bryant to Brazos Electric Power Cooperative,
Inc, filed Her It 1946s said easement was not recorded in the
Deed Records of Denton County, Texas, and being that same "se-
ment osstined by Bratns Electric Power Cooperative, Inc. to the
Cit)F of Denton. Texas, by instrument .fated October 6, 1980,
recorded In Volume 1106, Page 7410 o,° the Deed Records of Denton
County, Texas.
SECTION It.
That said easements are herein abandoned and vacated, and by
operation of law, the City of Denton's property Interest In said
easements shall revert to the abutting property owner, whether
one or more, and the City of Denton hereby relei:ses any and all
claims to the use of the property described in said easements
referenced herein for the purposes therein described.
SECTION III,
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of , 1906.
CITY Of DENTON, TEXAS
ATTESTS
t
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
CITY OF DENTOM, TEXAS
BY
PAGE 2
77
ERCpan
PUBLIC UTILITIES BOARD MINUTES
7/23/86
C NSIDZhL ORDINANCE FOR ABANDONING AND VACATING CERTAIN
UTILITY EASEMENTS D DECLARING = so
Trsns~issioa Line).
Nelson explained that the Staff recommends abandonment of
the easements associated with the Brazos Transmission Line
which has been removed north of US 380, northwesterly to
Locust Street.
Thompson moved to approve abandonment of the satJoct ease-
manta. Frady second. Al ayes, no nays, motion carried.
-1!, 040
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THB CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJECT
Consider Amendment To Ordinance No. 84-137, Providing for
a Wholesale Water Rate for Lake Cities Municipal Utility
Authority (LCMUA)o, An Ordinance Establishing Rates,
Charges, Fees, Deposits, Billings And Procedures For
Providing Water And Sewer Services By The City To Its
Customers; Providing For A Severability. Clause, And
Providing For An Effective Date.
RECOMMENDATION
The Utilities Staff recommends approval of subject
amendment.
SUMMARY/BACKGROUND
Lake Cities Municipal Utility Authority (LCMUA) entered
into a contract with the City of Denton on February 18,
1986, requesting to purchase 500,000 gallons per day of
wholesale treated water on an iteriw basis. This
contract is to be effective until such time as LCMUA
purchases a 1 MGD share of Denton's proposed water
treatment plant.
A rate for LCMUA, not provided for in the existing water
rate ordinance, is required. The rate will be based on
the capital cost of the new 6 MG addition to Denton's
existing plant.
All water sold to LCMUA will be that purchased from the
City of Dallas.
PROGRAMS, DBPARTMBNTS OR GROUPS AFI;_CTED
Denton Municipal Utilities, LCMUA, supporting departments
0209n:l
FISCAL IMPACT
Rate Schedule: Facility Charge $15U/month
Volume Charge 6301000 gallons
Demand Charge $11.88/1000 gallons/
peak day demand
Equivalent Rate for 100% load factor for the requested
5UU,000 gallons per day volume is $1.36./1000 gallons or
$680/day of which $315/day is Denton's actual variable
expense and $365/day is return on investment and fixed
costs allotment to LCMUA.
Prepared by: Res tfully sub fitted:
C. David Ham LI?Fd arre
Asst. Director of Utilities Ci y Manager
Wtr./WW Division
Approved by:
R. E. Nelson
Director of Utilities
hxhibit. I Amendment to Water Elates Ordinance #84-137
II Copy of Contract with LCMUA
02U9n:2
DMIMM9
1SSIL
I '
NO.
AN ORDINANCE AMENDING WATER RATE SCHEDULE W3 ("WATER SALE FOR
• RESALE TO GOVERNMENTAL AGENCIES, DIVISIONS OR SUBDIVISIONS"), AS
ADOPTED BY ORDINANCE NO. 84-137, TO PROVIDE FOR A REVISED RATE
FOR SUCH SALES MADE BY CONTRACT AFTER JUNE 1, 1986; AND
PROVIDING FOR AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I,
That pursuant to Article III of Chapter 2S of the Code of
Ordinanc,;s, the water rate Schedule W3, adopted by Ordinance No.
84-1370 is hereby amended by adopting the new water rate
Schedule W3 and W3-A, attached hereto, to be applied to
contracts for water sales to municipal corporations, water
0 strir,ts or authorities, and governmental entities, for purpose
of resale, as provided for therein.
SECTION II.
That this ordinance shall become effective immediately upon
its passage and approval.
I~ PASSED AND APPROVED this the day of 1986,
CITY OF DENTON, TEXAS '
ATTEST:
CITY OF UBNTON,OTEXAS
APPROVED A6 TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON* TEXAS
r
BY.,
I
r
(SCHEDULE W3)
WATER SALES (FOR RESALE) TO MUNICIPAL CORPORATIONS, WATER DIS-
TRICTS, AND OTHER GOVERNMENTAL ENTITIES PRIOR TO JJNii It 1986.
APPLICATION
Applicable to all water sales contracts with municipal corpo-
rations, water districts, or governmental entities made prior to
June 1, 1986, for the purpose of providing for water for resale
to the public.
Not applicable for temporary, standby, or supplementary ser-
vice except in conjunction with applicable rider.
NET MONTHLY RATE WINTER SUMMER
Billing months of Billiid months of
Nov, through April May through October
1) Facility Charge $150.00 $150.00
2) Volume Charge $1.35/1,000 gallons $1,35/1,000 gallons
up to 300000000
gallons/month
$1.65/1,000 gallons
over 3,000,000 gal-
lons per month.
MINIMUM BILLING
$150.00 per month
PAYMENT
Bills are due when rendered, and become past due if not paid
within fifteen (15) calendar days from date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to
meet customer'3 service requirements shall be provided subject
to the special facilities rider.
WAIVER OF SUMMER BLOCK
Any contracting authority under this schedule may have the
upper summer block waived by installation of water storage
capacity, sufficient to provide for its finished water needs
during times of maximum demand on the City of Denton water sys-
tem and not taking water during such periods.
PRORATION OF UTILITY BILLS
a) Billing for the facility charge shall be based on twelve
(12) billings annually,
Formula:
Actual days in reading period x customer charge
b) Billing for the water used shall be based on thirty (30)
days per month to determine the million gallon consumption
to be charged to each rate block.
Formula:
Actual days din reading period x GALLON in rate block x
RATE per 1,000 gallons in
rate block.
(SCHEDULE W3-A)
WATER SALES (FOR RESALE) TO MUNICIPAL CORPORATIONS, WATER DIS-
TRICTS, AND OTHER GOVERNMENTAL ENTITIES ON OR AFTER JUNE 10 1986.
APPLICATION
Applicable to all water sales contracts with municipal corpo-
rations, water districts, and other governmental entities made
on or after June 1, 1986, for the purpose of providing for water
for resale to the public.
Not _applicable for temporary, standby service except in con-
junct'io. with applicable rider.
NET MONTHLY RATE
1) Facility Charge $150.00 per month
2) Volume Charge $ 0.63 per 1,000 gallons
3) Demand Charge $ 21.88 per month per 1,000 gallons
peak demand
MINIMUM BILLING
$150,00 per month, plus demand charge
based on the higher of con-
tract peak or actual peak day
requirements for the previous
summer period, June through
lieptember.
DEMAND CHARGE
Shall include all contract peak day usage requirement in
accordance with the peak day estimate provided no later than one
hundred twenty (120) days prior to June 1 of each calendar year
for next twelve (12) month period or actual peak day demand
measured for the customer, whichever is higher and shall
continue for twelve (12) calendar months. In the event that
measured peak day consumption exceeds the estimated peak day
consumption, the utility will bill the customer for excess
measured peak consumption back; not prior to February It
immediately preceding, or to the first date the customer
received water service under this schedule with the City of
Denton, Texas, whichever is less. Peak day usage shall be the
highest measured usage in the twenty-four (24) hour period
measured by the City of Denton Utilities, or the calculated peak
day usage provided the City of Denton Utilities, whichever is
higher.
PAYMENT
Bills aro due when rendered, and become past due if not paid
within fifteen (15) calendar days from date of issuance.
SPECIAL FACILITIES RIDER
All services which require special facilities in order to
meet customers service requirements hall be provided subject to
the special facilities rider,
PRORATION OF UTILITY BILLS
a) Billing for the Facility Charge shall be based on thirty
(30) day billing periods, all billing for periods greater
or less than thirty (30) days shall be prorated for such
greater or lesser billing period.
Formula:
Actual days in reading period x customer charge
30
b) Billing for the Demand Charge shall be based on thirty
(30) day billing periods, all billings for periods of
more than or less than thirty (30) days shall be prorated
for such greater or lesser billing period.
Actual days in reading period x Demand x Demand Charge
30
J 74 S' 3s!
NO. -L..
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE INTERIM SALE
OF WHOLESALE TREATED WATER BETWEEN THE CITY OF DENTON AND LAKE
CITIES MINICIPAL UTILITY AUTHORITY; AND PROVIDING FOR AN
&YFECTIVE DATE.
THE COUNCIL OF THE CITY Of DENTON HEREBY ORDAINS!
SECTION 1.
That the City Council of the City of Denton, Texas, auth-
orizes entry into a contract between the City of Denton and Lake
Cities Municipal Utility Authority providint for the interim
sale of wholesale treated water.
SECTION It.
That the City Council authorizes the Mayor to enter into the
contract attached hereto and made a part hereof.
SECTION III.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the jeday of 1986.
CITY OF DENTON, TEXAS
ATTEST:
Z' My NEMEMM
CITY OF DENTON,'TEXAS
APPROVED AS TO LEGAL FORM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
By l r
'1310L
THE STATE OF TEXAS § CONTRACT BETWEEN CITY OF DENTON
A14D LAKE CITIES ,`fU►VICIPAL UTILITY
COUNTY OF DENTON § AUTHORITY FUR THE INTERIM SALE
OF WHOLESALE TREATED WATER
This Agreement made this
ILI: 1~" day of , 19860
by and between the city of Denton, a Municipal orporation
organized under the laws of the State of Texas (hereinafter
referred to as "DEN' 0011), and the Lake Cities Municipal Utility
Authority, a Municipal Utility Authority organized under the
general laws of the State of Texas (hereinafter referred to as
"LCMUA");
WITNESSETH:
WHEREAS, LCMUA desires ::o purchase wholesale, treated,
potable water from DENTON; and
WHEI~EAS, LCMUA desires the option to purchase future water
capacity from DENTON; and
WHEREAS, DENTON desires to make provisions to supply, treat
and deliver wholesale, treated, potable water to LCMUA until
such time as a jointly owned water treatment facility becomes
operational;
NOW, THEREFORr, in consideration of the mutual covenants and
agreements herein contained the parties agree as follows:
1.U Conditions for Interim Water Sales
1.1 DENTON agrees, as a condition of LCMUA purchasing, a mini-
mum of one million gallons per day of treatment plant capacity
as set forth in Section 11.0, to sell and deliver wholesale,
treated, potable water to LCMUA from DENTON'S existing water
treatment plant on an interim basis until such time as water is
available from the new water treatment plant, subject to the
terms and conditions stated herein. LCMUA shall have the option
to participate in future expansion of such water treatment
plant. Should LCMUA fail to enter into a contract with DENTON
to Jointly own or participate in tue ownership or operation of a
future water plant, this contract may be terminated by DUTON,
upon DENTUN'S giving LCMUA one year's written notice of such
intent to terminate.
1.2 LCMUA agrees to purchase wholesale, treated, potable
water from DENTON subject to the terms and conditions stated
herein.
1.3 DENTON agrees to provide sufficient water to meet the
rate of flow and volume requirements of LCMUA under the terms
and conditions and subject to the limitations stated herein.
1.4 All treated, potable water that LCMUA receives from
DENTON under this agreement will be untreated water that DENTON
purchases from the City of Dallas and treats at DENTON'S water
treatment plant(s). Delivery of water to meet the volume and
demand requirements of LCMUA under this agreement is expressly
subject to and limited by the available supply of water from
Dallas, and the ability of DENTON to treat and deliver water, as
determined by DENTON. DENTON shall exercise due diligence to
assure that the supply, treatment and deliverability of water is
YALE 2
maintained to meet LCMUA'a water requirements as set forth
herein. Should DENTON need to curtail the supply of water to
its other customers, because of drought, system or delivery
failure or malfunction, contamination, acts of God, civil
disturbances, war or other causes beyond its control, DENTON may
curtail the supply of water to LCMUA without being in default of
this agreement.
1.5 It is expressly understood that water delivered to LCMUA
pursuant' to this agreement is contingent on water. DENTON
purchases or receives from the City of Dallas and this agreement
does not obligate DENTON to utilize any of its water rights
granted to DENTON by any regulatory agency in the furnishing of
water to LCMUA.
2.0 Volume and Demand Determined for Each Water Year
2.1 DENTON and LCMUA agree that the delivery of water to
LCMUA by DEN,roN shall be based upon the volume and demand
established for each water year as set forth herein.
2.2 Not less than one hundred and twenty (120) days before
the beginning date of the first and each successive water year
(June 1), LCMUA shall give notice to DENTON, in writing, of
LCMUA's requested volume and demand for the first water year,
and the projected volume and demand for each successive water
year during the term of this agreement. The format of the
notice shall be in accordance with Exhibit "A", attached hereto
and incorporated herein by reference. Each successive year's
PAGE 3
notice shall be dated, signed by representatives of both
parties, and shall be attached hereto as an exhibit to this
agreement and incorporated herein by reference, Such exhibits
shall be designated by the year for which they are given, i.e,
A-86, A-87, etc. DENTON may, in its sole discretion, waive the
one hundred and twenty (120) day notice requirement at the
request of LCMUA. Such request and waiver shall only be
effective if done in writing.
2,3 Volumes requested by LCMUA in Bach notico for any one
water year, shall not be less than the volume requested in any
prior. water year, except where LCMUA gives notice of its intent
to :educe or cease taking water in accordance with Section 10.0.
3.0 Definitions
1.1 "Demand," as used herein, means the maximum daily rate
of flow of water, in gallons, that would, if maintained
consistently through a period of twenty-four (24) hours, provide
the maximum quantity of water required by LCMUA in any one day
of a water year.
3.2 "Volume," as used herein, means the quantity of water,
in gallons, that LCMUA requests DENTON to supply in a water year.
3,3 "Water Year," as used herein, shall, mean the period of
time from June 1 to May 31 of the succeeding year, for which the
annual water requirements of LCMUA shall be determined and
established.
3.4 "Plant Manager" shall mean the person, firm or
corporation designated for the planning, design, construction,
PAGE 4
operation and maintenance of the new water treatment plant.
3.5 "Plant" means the proposed water treatment plant that
the City of DENTON will construct to proxide water from Lake Ray
Roberts.
3.6 "Owner's Committee" shall mean the committee composed of
two (2) representatives of the parties involved in purchasing
Plant capacity.
4.0 Water Rates, Charges and Payments
4.1 The cost of water sold to LCMUA under this interim
agreement will be based on the cost of providing potable water
from the six (b) million gallons per day (MGD) expansion of the
existing DENTON Water Treatment Plant.
4.2 The water rates to be paid by LCMUA to DENTON in
performance of this agreement shall be in an amount as
established by ordinance of the City Council of DENTON, and as
from time to time amended. The initial schedule of rates and
revised ra`o,-, shall be attached hereto as Exhibit "H" and
incorporateu herein by reference and each successive schedule
shall also be attached as an exhibit to this agreement and
incorporated herein by reference. DENTON shall give LCMUA
ninety (90) days notice: of its intent to revise existing rates
for any water year. Revised Yates shall become effective
forty-five (45) days after pasaage of the ordinance establishfng
the revised rates.
4.3 LCMUA agrees to purchase or pay during any one water
year, the greater of: (1) the volume of water requested for that
PAGE 5
current water year, as shown on the applicable exhibit for such
year but riot less than five hundred thousand (500,000) gallons
per day (GPD); (2) the volume of water requested in any prior
water year; or (3) the volume of water actually used in any
prior water year. If LCMUA does not require or receive all
volume requested for a current water year as shown on the
exhibit furnished in accordance with then applicable Exhibit
"A," where DENTON was twU ling and able to deliver such requested
volume, LCMUA shall pay DENTON for such volume of water
requested, but not, received, at the "readiness to serve" rate
set forth in Exhibit "B," or, at such time Exhibit "B" is
amended, in accordance with such amended exhibit, which shall be
the amount charged to DENTON by Dallas for volumes DENTON
requested from Dallas on LCMUA's behalf. LCMUA shall not be
obligated, in any current water year, to pay for that water
volume requested but not received, If such failure to receive
such volume was due to DENTON'S inability to deliver such water.
4.4 Water rates shall exclude, for the ter, of this
contract, any return on the investment resulting from the
capital cost of the 16" water line, meter, meter vault, rate of
flow controller, and other associated appurtenances which LCMUA
is required to furnish and dedicate to DENTON as a requirement
to receive water from DENTON,
4.5 LCMUA, for any water year, may request an increased or
decreased demand from any prior water year, but the demand
charge for any current water year, shall be based upon the
PAGE 6
greater of: (1) the demand for the current water year, but' not
lees than five hundred thousand (500,000) gallons per day (GPD);
or (2) the highest demand for any of the prior five water years
during the term of this agreement,
4.6 If DENT014 fails to make available the requested demand
during LCMUA's peak usage period for seven (7) or more
consecutive days, the demand charge for such days shall be
calculated by using the maximum rate of delivery for such days,
times the current annual demand charge, divided by 365, times
the number of days of reduced flow.
4.7 If DENTON fails to make available the requested demand
for any current water year during the period of time from May 1
to October 31 for thirty (30) or more consecutive days, the
adjusted annual demand charge for that water year shall be
calculated by using the maximum rate of delivery for such days
divided by the requested demand, times the current annual demand
charge,
4.8 DENTON shall mail or deliver monthly bills for crater
charges incurred by LCMUA under this agreement by the tenth
(10th) day of each month. Hills shall be due and payable upon
receipt by LCMUA and shall be considered delinquent if not paid
by the twenty-fifth (25th) day of the month, mailed or
delivered. DENTON shall charge, and LCMUA agrees to pay, an
additional five percent (5x) of the total monthly bill, or five
PACE 7
hundred dollars ($500.00), whichever is lees, for all monthly
bills not paid by the twenty-fifth (25th) day of the month.
4.9 For all delinquent monthly water charges billed which
remain unpaid after the last day of the month, DENTON shall
charge, and LCMUA agrees to pay, in addition to the amount
provided for in Section 4.8, interest on such unpaid balance
equal to the auction average rate quoted on a bank discount
basis for a 26-week treasury bill issued by the United States
government, as published by the Federal Reserve, for the week
prior to the date such bill or bills are delinquent, or ten
percent, whichever is less.
4.10 It is agreed that the parties, in providing for
penalties or interest on delinquent amounts, owed, as set forth
in Sections 4.8 and 4.9, intend to contract for a rate of
interest that is not in excess of the rate allowed by law.
Should, for any period of time to which Sections 4.9 or 4.10
apply, it be determined that such interest is in excess of that
allowed by law, the parties agree that such rate of interest
shall not apply, but be reduced to the maxtaum rate allowed by
law.
5.0 Delivery Locations, Metering and Conditions
5.1 DE14TON agrees to deliver the water contracted for herein
at delivery point(s) as shown in Exhibitl''C,' attached hereto
and incorporated herein by reference, and at any other such
points as maybe mutually agreed upon by both parties. The cost
PAGE 8
of acquiring, designing, installing and constructing all water
delivery and monitoring equipment or facilities necessary to
fulfill this agreement, including, but not limited to, water
lines to metering points, meters, meter vaults and associated
valves, shall be borne by LCMUA; provided, however, that DENTON
shall furnish and i.tstall all necessary meters, the costs of
which shall be paid by LCMUA. All plans for needed water
delivery or monitoring facilities shall conform to DENTON'S
requirements and be submitted to DENTON for its written approval
prior. to installation. LCMUA shall enter into a pro rata
agreement with DENTON and be reimbursed, on a per linear foot
basis, for say connections by any customer of DENTON to any
water lines within DENTON or its extraterritorial ,jurisdiction,
the cost of which has been paid for by LCMUA and conveyed to
DENTON,
5.2 All water furnished shall be measured by meters
installed at the point(s) of delivery. DENTON agrees to
maintain said meters and to cause ruck repairs and adjustments
as may, from time-to-time be necessary, to be promptly made.
Such repairs shall be made at no expense to LCMUA, unless it can
be shown that the necessity for such repairs was brought about
by an improper act or the neglect of LCMUA. DENTON agrees to
test the meter(s) annually. Upon Vie request of LCMUA, DENTON
shall test the meter(s) more frequently than annually, but such
additional test (s) shall be at LCRUA's expense, unless an error
PAGE 9
in metering is found to be in favor of LCMUA. If a meter is
found to be in error by more or less than two (2%) percent,
adjustments shall be made accordingly. In the event a meter is
discovered to be malfunctioning, the amount of water that has
passed through the meter will be estimated for each day the
meter was not functioning correctly by taking an average of the
two preceding readings of such meter(s), exclusive of readings
during the time of any malfunction of the meter.
5.3 LCMUA agrees that after final inspection and written
acceptance of delivery facilities by DENTON) LCMUA will convey
title of those facilities and rights of way {,n conjunction
therewith to DENTON# Upon conveyance of title to delivery
facilities by appropriate instrument(d), DENTON shall be
responsible for operation and maintenance thereof.
5.4 LCMUA agrees to provide ingress and egress for DENTON
employees and agents to all premises inside LCMUA's boundaries
to install, operate, inspect, test, and read meters and maintain
facilities owned and maintained by DENTON within the city limits
of LCMUA.
5.5 DENTON agrees to provide ingress and egress for LCMUA's
employees and agents to all premises inside DENTOSI S boundaries
to install, operate, inspect, test, and maintain facilities, and
read meters owned or maintained by LCMUA within the city limits
of DENTON.
PAGE 10
5.6 A rate-of-flow controller shall be installed at each
point of delivery of water from DENTON to LCMUA. Such
rate-of-flow controller shall be paid for by LCMUA, but all
future maintenance or replacement costs shall be the
responsibility of DENTON.
5.7 LCMUA shall provide sufficient ground or overhead
storage and pumping facilities in accordance with the standards
and requirements of the State of Texas or its regulatory
agencies, so that LCMUA can meet the water requirements of its
customers without drawing upon DENTON'S water system at a
greater demand in any water year than set forth in the current
Exhibit "A" reflecting water demand.
5.8 LCMUA shall receive water from DENTON, either through an
open discharge into a ground storage tank, or into a supply line
into the ground storage tank. Appropriate backflow preventor
check valves shall be placed by LCMUA in the delivery line to
assure that no flow of water from LCMUA's system can return to
DENTON'S system.
5.9 LCMUA shall abide by the service conditions for treated
water customers adopted by Dallas, endorsed by DENTON, as listed-
in Exhibit "D," attached hereto and incorporated herein by
reference.
6.0 Sewage Treatment and laturn Flow
6.1 Delivery of water by DENTON to LCMUA, at the requested
volume and demand for any current water year, assumes adequate
PAGE 11
sewage collection facilities to accommodate the volume and
demand taken by LCMUA. LCMUA agrees that, if its sewage
collection facilities prove to be inadequate, DENTON may
decrease the volume or demand of water supplied to a level that
may be accommodated by LCMUA'a sewage collection system.
6.2 LCMUA agrees that water purchased by LCMUA is for use by
LCMUA, except as allowed under Section 7.0 herein. This
contract conveys no rights to the return wastewater flows
resulting from the use of water purchased hereunder. In the
event LCMUA develops or secures wastewater treatment services
other than from DENTON, LCMUA agrees that all wastewater
treatment effluent discharges will be returned to the Elm Fork
of the Trinity River above Lewisville Lake Dam.
7.0 Resale
7.1 The distribution of DENTON water by LCMUA shall be
limited to the area within the limits of LCMUA's service area as
shown on Exhibit E, except that LCMUA may be permitted to supply
water to such specific customer or areas beyond its limits as
from time-to-time may be approved in writing by DENTON, on
written application from LCMUA.
8.U Water System Standards and Supply
8.1 For the protection of the health of all consumers
supplied with water from the water system of DENTON, LCMUA and
UENTUN agree to comply with State of Texas Department of Health
standards and to guard carefully against all forms of
PAGE 12
contamination to its water system, and that, if at any time
contamination should occur, the water supply to the area or
areas affected shall be immediately shut off or isolated and
rema!.n so until r,uch conditions shall have been abated and the
water declared again safe and fit for human consumption by the
properly .constituted governmental health agencies having
jurisdiction thereof.
8.2 DENTON expressly reserves the right to discontinue
temporarily, after notice to LCMUA, the supply of water to any
of the pipes laid or to be laid by LCMUA whenever it is
necessary to do so to insure proper operation of the DENTON
water system, or for non-compliance with any provision of this
agreement. No claims for damages for such discontinuance shall
be made by LCMUA against DENTON.
8,3 It is understood and agreed that LCMUA will not, under
any circumstances, permit water from any other source or supply
to enter into its water system, or any part thereof, or to be
mixed or mingled with water from the water system of DENTON,
other than State approved potable water from existing or future
water w,.lls owned and operated by LCMUA, without prior written
approval of the Director of Utilities of DENTON.
9.0 Transportation to Other Entities
9.1 The purpose of this section is to recognize the benefits
and encourage the cooperation of all water suppliers in the area
to jointly share costs and benefits of major water supply
PAGE 13
facilities in the interest of providing reasonable cost of water
to all citizens of the area.
9.2 DENTON encourages LCMUA to cooperate to the extent
possible, to make available to other governmental entities any
excess water transmission capacity in its water system, for use
in transporting wholesale, treated, potable water from DENTON to
such entity. The determination of whether excess capacity is
available rests entit;ly with LCMUA. Such excess transmission
capacity shall be considered temporary only and shall not commit
LCMUA to any long-term obligation to provide such transmission
capacity.
9,3 Entities utilizing such temporary excess transportation
capacity shall be responsible for payment of such transportation
service at a rate determined by applying the general guidelines
included in Appendix "A" of Exhibit "D."
9.4 When water is transported from DENTON to such entity
using mains of. LCMUA, DENTON shall collect the agreed
transportation charge and credit the account of LCMUA for such
transportation services.
10.0 Reduction or Termination of Water Requirements
10.1 If, within the term of this agreement, LCMUA should
wish to construct and operate its own water treatment plant
facilities or purchase treated water from another source, LCMUA
shall give DENTON written notice of Its intent to reduce or
cease taking water at least five years prior to such time it
PAGE 14
will reduce or cease to take water from DENTON. The notice
shall specify the date that LCMUA shall cease to take or receive
water from DENTON, which shall be no sooner than the beginning
of the fifth water year after the current water year in which
such notice is given. If LCMUA intends to reduce the volume of
water it is required to take or request under this agreement,
the notice shall specify the date or dates and water years when
such reduction or reductions shall occur, which shall be no
sooner than the beginning of the fifth water year after the
current water year in which such notice is given, that LCMUA
intends to reduce the water requested or received and the amount
of reduced volume and demand for each -emaining water year
during the term of this agreement.
10.2 LCMUA recognizes that DENTON has entered into a long
term contract to purchase a water supply from Dallas, and has
included in such purchase, a volume of water on behalf of LCMUA,
in order to supply LC14UA with its water needs in accordance with
this agreement. LCMUA also recognizes that DENTON, in order to
supply LCMUA and its other water customers with the volume and
demand required over the term of this agreement, must incur
certain capital coats so as to maintain, improve and expand its
water supply facilities.
Should LCMUA give notice of its intent to reduce or cease
taking water from DENTON under this agreement, DENTON may, but
is not obligated to, waive or reduce at the beginning of the
PAGE 15
fifth water year after the notice in Section 10.1 is given, any
or all of LCMUA's obligations to take, receive, request or pay
for water in accordance with this agreement, after determining
to what extent DENTON will be able to recoup all costs in
purchasing water and all capital costs incurred to insure
delivery capability to fulfill this agreement by supplying and
delivering such water to other customers.
10.3 If, in accordance with Section 10.2, DENTON determines
that such requested discontinuance ,:r reduction in water
delivery would not in any water year allow DENTON to recoup all
cost and expense incurred in insuring the water supply required
by this agreement by supplying other customers, DENTON shall
give notice in writing, at least one year prior to such time
such discontinuance or reduction of water delivery is to become
effective, of the reduced volume, if any, DENTON shall allow
LCMUA to take or request from DENTON for all successive water
years during the remainder of this agreement. Such reduced
volume allowed by DENTON shall be shown in the exhibit
applicable for that year for requested demands attached hereto
and incorporated by reference. DENTON may, but is not obligated
to, allow further reductions in volume in any successive water
years as alternative customers for such water are found.
10.4 If DEJTON, upon the request of L.CMUA, agrees in writing
that LCMUA shall be allowed to cease taking water from DENTON
for all or part of the remaining water years during the term of
PAGE 16
MMMW
this agreement, this agreement shall terminate and neither parILy
shall have any further obligation to the other hereunder at the
time such water deliveries cease.
11.0 Future Water Plant
11.1 LCMUA agrees to purchase one million gallons per day of
water treatment plant capacity from the new DENTON Water
Treatment Plant.
11.2 LCMUA agrees to participate in plant construction by
entering into a Joint Ownership Agreement prior to plant
construction and that such agreement shall supersede the terms
of this contract.
11.3 DENTON agrees that LCMUA shall have title to the Plant
as tenants in common and shall, as co-tenants with an undivided
interest, and subject to the terms of a Joint Ownership
Agreeme , own the plant and shall have the rights And
obligations, including payment therefore, based on the purchased
percentage share of the plant capacity.
11.4 LCMUA agrees, in order to provide unified management of
the Plant, DENTON shall be authorized and designated as Plant
kanager. The Plant Manager shall be solely responsible for the
design, construction, operation, and maintenance of the Plant.
11.5 LCMUA and DENTON agree as a means of securing effective
cooperation, interchange of information, and consultation on a
prompt and orderly basis, to establish an Owner's Committee.
PAGE 17
11.6 LCMUA agrees that failure to participate in the funding
of the plant construction releases DENTON from all obligations
to furnish treated water to LCMUA.
12.0 Termination and Default
12.1 Should LCMUA fail, refuse or neglect to pay any bill
for water within sixty (60) days of the date due or should it
refuse, neglect, or fail to comply with or perform any of the
conditions on its part required to be complied with or performed
hereunder, and if after such failure DENTON shall deliver to
LCMUA, addressed to the General Manager of LCMUA, a notice in
writing of its intent to terminate the supply of water on
account of such failure, refusal or neglect, then DENTON st1all
have the right to terminate the water, supply at the expiration
of ten (10) days after the giving of such notice and to
terminate this agreement, unless within such ten (10) days LCMUA.
shall make good such failure, refusal or neglect. The
termination of water service or termination of this agreement,
as provided herein, shall not release LCMUA from its obligation
to make payments of any amounts due or to become due in
accordance with the terms hereof.
13.0 Force Haleure
13.1 If, because of flood, drought, fire, explosions, civil
disturbance, war, water system failure or malfunction, acts of
God, or other causes beyond the control of either party, either
party is not able to perform any or all of its obligations under
PAGE 18
this agreement, then the respective parties' obligations here-
under shall be suspended during such period.
14.0 Liability and Claims
14.1 No claims shall be made by either party hereto against
the other and neither shall be liable to the other for any
damages or loss of any kind resulting from the interruption,
curtailment or reduction of the supply of water, or for the
failure to receive or pay for requested water not received,
which results from the causes listed in Sections 1.4, 6.1, 8.10
12.1, or 13.0 of this agreement.
14.2 DE;NTON agrees to hold harmless and defend LCMUA, its
officers and employees, from any claim for injuries, damages or
losses that arises from any act, omission or negligence of
DENTUN, its officers or employees, arising from the performance
of this agreement.
14.3 LCMUA agrees to hold harmless and defend DENTON, its
officers and employees, from any claims for injuries, damages or
losses that arises from any act, omission or negligence of
LCMUA, its officers or employees, arising from the performance
of this agreement.
15.0 Applicable Laws and Regulations
15.1 This agreement is made and shall be subject to the laws
of the United States and the State of Texas and all applicable
regulations or rules of any regulatory authority thereof having
jurisdiction of the subject matter of this agreement.
PAGE 19
15.2 Should this agreement, or any provision, thereof be, or
found to be, in violation of any such applicable law or
regulation, either party, upon reasonable notice to the other,
may terminate this agreement, or, upon the mutual consent of
each party, this agreement may be amended so as to be in
compliance with such law or regulation.
16.0 No Verbal Agreement
16.1 This contract contains all commitments and agreements
of the parties hereto and no verbal or written commitments shall
have any force or effect if not contained herein.
17.0 Benefiting Parties
17.1 This agreement shall inure to the benefit of and be
binding upon the respective parties hereto, their successors and
assigns.
18.0 Prior Agreements or Service
18.1 This agreement shall supercede and control over any
prior agreements or understanding, whether written or verbal,
concerning the supply of water by DENTON to LCHUA except as
otherwise provided for herein,
19.0 Term
19.1 This agreement shall become effective for the first
water year beginning June 1, 1986, and shall terminate on June
1992 or at such time as a jointly owned water treatment plant is
operational, unless earlier terminated under the provisions
PAGE 20
contained herein; provided, however that in no event shall this
agreement be in effect in excess of ten (10) years.
20.0 Notices.
Any notice required under this contract shall be in writing
and sent by certified mail, return receipt requested, postage
prepaid and addressed as follows;
NOTICE TO DENTON: NOTICE TO LCMUA:
Director of Utilities
Utilities Administration
215 East McKinney Street
Denton, Texas 76201
21.0 Amendments.
21.1 This Agreement embodies the complete agreement of the
parties hereto, superseding all oral or written previous and
contemporary agreements between the parties and relating to
matters in this Contract, and except as otherwise provided
herein cannot be modified without written agreement of the
parties to be attached to and made a part of this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective duly-authorized
officers in multiple originals as of the date and year first
above written.
CITY OF DENTON, TEXAS
BY:
C D 0 S
U4YOR
, MA
PAGE 21
,
ATTEST:
CHARLOTTE ALLENp CITY SECRET W
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FOM :
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
iY~lt' YGC.~i •C~ZTGy~
V
LAKE CITIES MUNICIPAL UTILITY
AUTHORITY
BY:
GE1 ERA I At A L
ATTEST:
TOWN CLM p LAKE CITIES MUNICIPAL
UTILITY AUTHORITY
PAGE 22
EXHIBIT "A"
REQUESTED VOLUMES 4 DEWDS FOR WATER YEARS
ANNUAL WATER AVERAGE DAILY DEMAND
WATER VOLUME REQUESTED USAGE REQUESTED
YEAR (M(;) (M(;D) MGD
1986
1987
1988
1939
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
CITY OF DENTON
ATTEST
f
BY:
DATE: LAKE: CITIES MUNICIPAL UTILITY
A'PTEST: AUTHORITY
BY:
TOWN 9ECRETARY
DATA: :
PAGE 23
DATE: September 2, 1986
CITY COUNCIL AGENDA FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell, City Manager
SUBJECT: CONSIDER PROPOSED OVERSIZE AGREEMENT WITH HICKORY
CREEK ELEMENTARY SCHOOL ADDITION, OWNER D.I.S.D., 1205
UNIVERSITY DRIVE WEST, DENTON, TX 76201 AND/UR THEIR
AS81UNS FOR A NEW SANITARY SEWER LINE.
RECOMMENDATION:
The Public Utilities Board recommends to the City
Council approval of the subject oversize agreement due
to sanitary sewer demands imposed by this and other
proposed developments in this area in the near future.
SUMMARY:
In order to serve the natural drainage area containing
this development and other proposed and future
developments, a new 15" sanitary sewer line is
required. According to a recent study by Freese 4
Nichols, this sewer line is required. Since the
proposed development only requires a 10" sewer line,
an oversize agreement is recommended.
BACKGROUND:
The proposed 15" sanitary sewer line extends north
alog the west property line of this project to Hickory
Creak Rd, from an existing :7" portion of the Hickory
Creek sanitary sewer trunk line. At present there is
no sanitary sewer line to serve projects in this
general area.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Denton Municipal Utilities, present/future developers,
City of Denton Legal, and Purchasing departments.
U2U2n:26
DISD Hickory Creek -Ovsz-Swr
Paige 2
FISCAL IMPACT;
Estimated costs for a 10" to 15" oversize section to
be paid for by the City of Denton are as follows:
Total cost of a 15" sanitary sewer line from the
existing 27" sanitary sewer to and across project site
to Hickory Creek Rd.
Approx. 2,976 L,F. x $34.0U/L.N. $101,184
Total cost of a 1011 sanitary sewer
line from the existing 27" sanitary
sewer to and across project site to
Hickory Creek Rd. - 563544
Cost of this project to the Citr of
Denton (difference between a 10' sanitary
sewer line and a 15" sanitary sewer line), $ 44,640
41RIesp full y submitted:
9TY e 4'fo"'"7
Prepared by: nager
~f , 4=~ 4< r
avIS~iTItaam
Assistant Director of Utilities
Water/Wastewater Divisions
Approved:
k. a son
Director of Utilities
Attachment 1 Ordinance
Attachment 11 Sanitary Sewer Main Oversize Participation Agree-
ment with exhibits
11I Public Utilities Board Minutes, August 20, 19L6
U2U2n:27
lsxar~
NO.
AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S
PARTICIPATION
IN THE COST OF INSTALLING AN OVERSIZED SEWER MAIN; AUTI,ORIZING
THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDI'IuRE OF
FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City of Denton wishes to enter into an agree-
ment to participate in the cost of providing an oversized sewer
main; and
WHEREAS, the Code of Ordinances requires that the City
Council approve all expenditures $10,000 or more; and
WHEREAS, Section 2.09 of the City Charter requires every act
of the Council providing for the expenditure of funds or for the
contracting of Indebtedness shall be by ordinance;
NOW, TIIEREFORB, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the City Council hereby approves the Sewer Main
Participation Agreement, attached hereto, between the City and
the Denton Independent School District to provide for the City's
participation in the cost of providing an oversized sewer main
in accordance with said agreement and the Mayor is hereby
authorized to execute the agreement on behalf of the City,
SBCTION Il.
That the City Council authorizes the expenditure of funds in
the manner and amount as specified in the agreement.
f
SECTION III.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this day of , 1986.
RAY STEPRENS# MAYOR
CITY OF DEN70NO TEXAS
ATTEST:
CHARLOTTE , CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DBBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
' Y~1 lrw~
3 6-33L
• THE STATE OF TEXAS S SEWER MAIN COST PARTICIPATION AGREE-
MENT BETWEEN THE CITY OF DENTON AND
COUNTY OF DENTON S THE DENTON INDEPENDENT SCHOOL DISTRICT
WHEREAS, the Denton Independent School District, hereafter
referred to as "Developer," whether one or more, whose business
address is 1205 University Drive West, Denton, Texas 76201,
wishes to develop and improve certain real property located in
the City of Denton, Texas or its extraterritorial jurisdiction,
as is shown in Exhibits 1121' and 113" attached hereto and incor-
porated herein by reference, and is required to provide such
property with adequate sewer by designing, constructing and
installing a sewer main of a minimum inside diameter of fifteen
inches (1S"), hereafter referred to as "required facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 E. McKinney, Denton, Texas 76201, hereafter
referred to as "City," in accordance with its ordinances, wishes
to participate in the cost of the construction and installation
of said sewer main to provide for an "oversized" sewer main to
expand its utility system and insure adequate utility service to
other customers;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows;
1. Developer shall design, install and construct a fifteen
inch (1S") sewer main and all necessary appurtenances thereto,
hereafter referred to as "oversized facilities," extending a
total distance of approximately two thousand nine hundred and
seventy-six feet (2,976'), located as shown on Exhibit "l,"
attached hereto and incorporated herein by reference,
2. Prior to beginning construction of the oversized Facil-
ities, Developer shall enter into a Development Contract, as
required by Appendix A of the Code of Ordinances of city. 'I'bis
agreement shall be subject to and governed ~y such Dovelopr:i,,Ilt
Contract, which is incorporated herein by referen(x, anal nrrv
other applicable ordinances of City.
3. Prior to beginning construction of the oversized facil-
ities, Developer shall obtain, at Developer's sole cast ,ind
expense, all necessary permits, licenses and ea semorit,S• If
easements are needed, the deeds therefore obtained by U~,-v~Aoper
shall be reviewed and approved as to form and substarice I)y t;ity
prior to the beginning of construction. If Dovclop r i ~ ~Jll ~
to acquire needed easements, Developer shall provido it ii.tl
any requested documentation of efforts to obtain sucl, ;
including evidence of negotiations and reasonable
the effected property owners. Any easements For l,o I
facilities obtained by the Developer shall be assi;!'ni-.E
if not taken in City's name, prior to acceptance Ot tW:
facilities, and Developer warrants clear title to SL,:Jj ~s
• and will defend City against any adverse claim made against such
title.
4. The City's share in the cost of the oversized facilities,
based upon the difference in the cost of installing required
facilities, as determined by City by public bids on the same or
similar projects on a per linear foot basis, and the cost of the
oversized facilities, as determined by the City, based upon the
amount of a bid from the lowest responsiCle bidder on the same or
similar oversized facilities, shall be in an amount not to exceed
Forty-four Thousand Six Hundred and Forty Dollars ($44,640.00),
and City shall not, in any case, be liable for any additional
cost because of delays in beginning, continuing or completing
construction; changes in the price or cost of materials, supplies,
or labor; unforeseen or unanticipated cost because of topography,
soil, subsurface, or usher site conditions; differences in the
calculated and actual par linear feet of pipe or materials needed
for the oversized facilities; Developer's decision as to the
contractors or subcontractors used to perform the work; or any
other reason or cause, specified or unspecified, relating to the
construction of the oversized facilities.
S. Within thirty (30) days or the acceptance of the facilities
by the City, Developer shall submit to the City's Director of
Utilities the actual cost of the oversized facilities. Should
the actual cost of the oversized facilities be less than the cost
on which the City's share wat determined, the City's share of the
cost shall be reduced proportionally, on a per linear foot basis,
based upon the difference of the actual cost of the oversized
facilities and the determined cost for required facilities. To
determine the actual cost of the oversized facilities, City shall
have the right to inspect any and all records of Developer, his
agents, employees, contractors or subcontractors and shall have
the right to require Developer to submit an;/ necessary informa-
tion, documents, invoices, receipts or other records to verify
the actual cost of the oversized facilities.
6. Within thirty (30) days of the date the Developer has
submitted satisfactory documentation of the actual cost of the
oversized facilities, as determined by City, City shall pay to
Developer its share of the cost thereof.
7. All notices, payments or communications to be given or
made pursuant to this agreement by the parties hereto, shall be
sent to Developer at the business address given above and to the
Director of Utilities for the City at the address given above.
8. Developer shall indemnify and hold City harmless from any
and all claims, damages, loss or liability of any kind whatsoever,
by reason of injury to property or persons occasioned by any act
or omission, neglect or wrongdoing of Developer, its officers,
agents, employees, invitees, contractors or other persons with
regard to the performance of this agreement, and Developer will,
SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT/FAGE 2
a its own cost and expense, defend and protect City against any
and all such claims and demands.
9. If Developer does not begin substantial construction of
the oversized facilities within twelve (12) months of the
effective date of this agreement, this agreement shall terminate.
10. This instrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or
obligations other than those contained herein, This agreement
shall supercede all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
11. This agreement shall not be assigned by Developer without
the express written consent of City.
12. Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this contract, shall
be brought and maintained in a court of competent jurisdiction in
Denton Count!, Texas.
Executed this the day of A ► 1986.
DENTON INDEPENDENT SCHOOL
DISTRICT, DEVELOPER
BY: ,
ATTEST:
R
- e ~ L
9ECRETARY
CITY OF DENTON, TEXAS
BY:
ATTEST: RAY B , MAYOR
CRULOTTE XL-N, CITY SECRETARY
CITY OF DENTON$ TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: SEWER AIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT;PAGE 3
•
haCKORY CREW D.I.S.D.
i
EXHIBIT 1
OVERSIZE 12' TO 16" SANITARY SEWER
Y
j
S
RYAN RD.
rW •
,.c
r1lMOLUALM
HICKOiirY CREEK RD.
+ t
TI $CIF WL 81TE
X'
1t' tAiMTAf11 Hew ~ .s • , •
tfi t
'
%y.
r
i 1wYw Ywi '
osm 96%"
1
_y's
HICKORY CREEK D.I.S.D.
• EXHIBIT 2
I)ITICATt0,1
San a rtes
Co11fi" M Diehl
vilm"Se M3" If1D17' Ilaff RC1RNml. IIIs"Im is do Owner of all that oortain
traot of tasty sltwtod to the J. Roterr Survoy Abstract Ombec 104 sttd rite
lopre l""y "street lbimher 1101, hootos crttlitye totes sad bet" all
of ti,I oallad 13.410 oers tract described is the Speeial Yarrestty flood frM
OsyVsarlt Trtalrce huistoo said SaMers Caatobetl to Denton Itdefaadetat Ydbeot
Dfatttet ( K30 ) lease #d in Vflu" I" Pale 19 01' the peal pr"orty Nee-
erts of tltMftn Commatye Tewass as r•espisod and ev*tpted so the ItrwtW$ the
wA)eat tract beift am* porttculatly described as fallaws
SUMAC fat the Morthwet Corner of the tract beinA dateribad Mreine at
on ire" cad four? at the Aorthw..st Corner of the said D180 Tracts said iren
red being South " BOX a M Minutes 31 seconds cast o distance of s00t.00
foot froe as tries red at the Mr+hwest Corner of A tracts deserlbod is the
Dead omw"Ug 50f interest from Raybmr% Ticker, Trustee to Saajors Campbell
reseeded is Volume $73 Pat,* :17 of the said Deed Rocorrfsl
"00" South N Destreas 0 Minutes It Seconds East with the North line of the
said OrSD Troete *am beittrw the North line of the Tucker-CWball Tract with
the middle of "fakery Creek Mad a distance of 790.00 feet to an iron rod
found of the Northeast Garner of the said DISD Tractt
TIfrVCE 3aUt1l %1t Ntree hl Minute, nt) Serends hest leavtnr, said road at Vo.45
feet paasisg an ire% red in the occupied South line of the said road and con-
tinuinst along Said course with the West line of the said DT3D Tract, In all,
a total distance of 739.50 feet to an iron rod found at time Southeast corner
of the said DISD Ttactl
THDfCE north E9 Dorrees 05 Mimitee 31 Seconds last with the South line of the
said DISD Tract with a line parallel with the North line of the said Tucker-
Camobell Tract a distance of 790..00 feet to an iron yod found at the South-
west Corner of the aid DISD Tract;
111114Ct North 01 Dogma 45 Minutes 00 Seconds East with the West line of the
said WS0 TV6ttr sold llaa being 900.00 feet East of aM parallel with the
west tine Of the said T11eker-CAMObell Tract at ?07.50 fret nassina an troy, o -M
found in the nccvoied South line, of the said ro"-f and rontinuinlip, , to all, a
total distance Of 119.50 feet to the micr or RUA."INr and enrlosinr 11,410
acres of bawl:
IIOW. THERtroalt, [110" AU, MEN or Tilut P1tr3mrst
THAT f:hNl f"DEPElfMj SV#WL DtSTX1CT does hereby adopt this plat desimaetne
the herein deoeribrd eroperte as I.nt I Rtork A$ Hickory Creek Road r1raw•ntarr
Additlen, in Benton Cominty, Texas and does hereby detiteate
to the public use forever them gtreot rir.ht-of-wav AM p,iblic easements shneen
heraeSt.
e~~
r
EXHIBIT 3
HICKORY CREEK D,lYB.D, Reduced plat
1
LMl1[ Sf1Y I1~1/M ~M
1111! r 1 1
N Nit 1 r r JN sVI?vI Y Aid `J
r , Of if I Pic 00 Y HI % q r Y 14
'
/I •/Y N/ii. u9Y 1 r+- 1.
"em
!!!!JJJ~ 1 41.388 AC, NET I~ r
Y~r. i t y S 4
r i
f ~
'o
LOT ! BLOCK A
HICKORY CREEK R0.
ELEMENTARY ADDITION
8 W i b~/
• •H ~ Yhl~Iiyyfr fHf Y/11 HIS~///. AYIDpp/I ~ it I' R
11.M 11 (I~S11{111 1111fi/Y•I!1 ♦I i ~ t( • , : i
• O I I ~ 1 ~
N
Y I
f ~ 10 ~
.r,• r
• /II I Ill I
,e
I~I
rl J u is ti $ $ J H v ri Y 1 J y
rnn
Nrf r ni
^V"ra 1
EXCERPT
PUBLIC UTILITIES BOARD
MEETING OF AUGUST 20, 1986
7. CONSIDER PkOPOSEU OVERS M AGRE MENT WITH HICKORY CREEK
. .
DRIVE WE L. U X 7620 AND/OR THEIR ASSIGNS FOR A NEW
SARI AMY St'F1'bR LINE
Has explained that the Utility Staff recommended to the
Public Utilities Board approval of the subject oversize
agreement due to sanitary sewer demands imposed by this and
other proposed developments in this area in the near future.
In order to serve the natural drainage area containing this
development and other proposed and future developments, a
new 15" sanitary sewer line is required, According to a
recent study by Freese 4 Nichols, this sewer line is
required. Since the proposed development only requires a
10" sewer line, an oversize agreement is recommended, The
cost to the City of Denton will be $44,640.
Thompson moved to approve the subject oversize agreement
for recommendation to the City Council. Boyd second. All
ayes, no nays, motion carried unanimously,
1
1S{9L
NO.
ONE-ORDINANCE OF THE TRAFFIC WEST BOUND YONOHIGHLAND NSTREET FROM WELCH PROVIDING
TO AVENUE A AND ON HIGHLAND STREET FROM AVENUE D TO AVENUE E;
PROVIDING FOR A P.:NALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That west bound traffic on Highland Street from Welch
Street to Avenue A and on Highland Street from Avenue D to
Avenue E is hereby restricted to one-way traffic,
SECTION 11.
persona who whshenasigns are in lace the provisionsiof this notice thereof, any
e guilty of a misdemeanor punishable by a fine not exceeding
Two Hundred Dollars ($200.00),
SECTION III,
That this ordinance shall become effective upon the
installation of signalttation, 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 S'rhPIILNs. b'1YOR
CITY OF DENTON, 1'L•XAS
ATTEST:
CHARLOTT ALLENt CITY SECRETARY
CITY OF D)iNTON, TEXAS
APPROVE[ AS TO LEGAL FORM:
DEBRA ADA.MI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
r
WY of DAWnVW O<NYON, rims 7e"I
MEMORANDUM
DATE: July 29, 1986
TO: Citizens Traffic Safety Support Commission
FROM: Jerry Clark, City Engineer
SUBJECT: One-Way Traffic Highland Street
Mr. S. Eric Jackson, acting Chief of Police, NTSU requests to
change Highland street to one-way west bound from Welch to
Avenue A and from Avenue D to Avenue E.
The rest of Highland between Welch and Avenue E, other than the
two portions in question, is already one-way west bound. We
agree with NT')U that making the entire section of Highland
between Welch and Avenue E one-way will straighten out traffic
around the Coliseum and also eliminate the confusion created by
parkers around the Highland/Central area, This configuration
allows all the intersections to functiun the same; without
changing back and forth between two way and one way. There is
no other outside interest involved since NTSU is the sole
property owner along and within the subiol:ct area, Also, the
redirection of traffic will not create any inconvenience to
motorists. The staff recommends approval.
Jft
C
r
040SE
C ~~llilrt ,
APPEND I G'
H I's via
ijee
low 0. n.
r_. V-011: •
ffl COLIsfum
J L
A
X0
49 30
MINUTES
Citizens Traffic Safety Support Commission
August 4, 1986
r
PRESENT: Gilbert Berstein, Chairman - Virginia Gallian, Wayne
Autrey, Vivian Edwards, Bruce Chamberlain, Doris
Chipman, Gene Gohlke
ABSENT: John Tompkins
The meeting was called to order by Gilbert Berstein at S:35
a.m., on Monday, August 4, 1936. Wayne Autrey made a motion to
approve the minutes of June 2, 1986 as written. Gene Gohlke
seconded the motion. Vivian Edwards asked that the minutes be
corrected to reflect she was present at that meeting. The
motion passed unanimously with the correction to be made as
stated.
Swearing in of the new commissioner was postponed until the
next meeting.
Gilbert Berstein asked for nominations for a new chair person.
Gene Gohlke made a motion to reinstate Mr. Berstein. Wayne
Autrey seconded the motion. Motion passed unanimously.
Gilbert Berstein asked for nominations for a new vice-chair
person. Virginia Gallian nominated Wayne Autrey. Doris
Chipman seconded the motion. Motion passed unanimously.
Jerry Clark, City Engineer introduced Paul Iwuchukwu, Traffic
Engineer for the City of Denton. Jerry said Paul would be
presenting the recommendations before the commission.
Item 04 NORTH TEXAS STATE UNIVERSITY'S _kEQUEST TO CHANGE
HIGHLAND 51REET TO E-WAY
Paul Iwuchukwu said Mr. Eric Jackson, acting Chief of
Police for NTSU requested to change Highland street
to one-way west bound from Welch to Avenue A from
Avenue D to Avenue E.
Captain Amad4re came forward to speak in favor of the
request. He said it was one-way between Welch and
Ave A all the way to Avenue D. People have come up
Avenue A thinking it was one-way which caused them to
be in the wrong lane. They keep going straight and
the hill prevonts good visibility of oncoming
traffic. More problems have occurred dilririg
registration and basketball seascns.
Page 2 of 7 pages
STAFF RECOMMENDED: Approval
COMMISSIONERS: Virginia Gallian made a notion -
to accept the staff
recommendation. Vivian Edwards
seconded the notion. Motion
passed unanimously.
ITEM #S FULTZ NEWS AGENCY'S LOADING ZONE RE VEST:
Paul Iwuchukwu said Fultz News Agency operated m.n
office space of 5,400 square feet and received sin
average of B deliveries per day. North Austin was a
relatively low traffic area and the loading zone
would not involve any movement across the street.
STAFF RECOMMENDED: Approval
COMMISSIONERS: Vivian Edwards made a motion to
accept the staff
recommendation. Virginia
Gallian seconded the motion.'
Motion passed unanimously.
ITEM X16 MR. MICHAEL WELCH'S REQUEST FOR "CHILDREN AT PLAY"
SIGN AT GAB O :
Paul Iwuchukwu presented a view graph showing the
indicated area where the sign was requested. He said
the staff recommended denial of request because the
street was very narrow and was about 490' long. A
sign would only encourage children to play in the
street.
Vivian Edwards asked what the Commission's policy had
been in the past. Wayne Autrey said he never knew of
the Commission approving one. Jerry Clark said they
had not.
Wayne Autrey asked if the street had a designated
speed limit. Paul Iwuchukwu said the speed limit was
30 mph.
STAFF RECOMMENDED: Denial
COMMISSIONERS: Doris Chipman made a motion
that the request be denied.
Vivian Edwards seconded the
motion. Motion passed
unanimously.
L P.:. ;
B 41L
zoo,,
NO.
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST
SIDE OF AUSTIN STREET FROM ITS INTERSECTION WITH PECAN STREET TO
ITS INTERSECTION WITH EAST OAK STREET; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
When signs are erected giving notice thereof, no person
shall park a vehicle at any time upon the following street in
the City of Denton to-wit:
The west side of Austin Street from its intersection
with Pecan Street to its intersection with East Oak
Street.
SECTION II.
The provisions of Section I prohibiting the parking of
vehicles shall apply at all times to that portion or part of
West Oak Street designated therein except when it is necessary
to stop a vehicle to avoid conflict with other traffic or in
compliance with the direction of a police officer or official
traffic control device.
SECTION III,
Any person adjudged guilty of parking a vehicle in violation
of this ordinance shall be guilty of a rni;demeanor Jnd punished
by a fine not to exceed Two Hundred Dollars ($200.0o),
SECTION 'V.
That if any section, subsection, paragraph, sentence,
clause, phrase or word in c.his ordinance, or application thereof
to any person or circumstance is field Invalid by any court of
competent )urisdiction, such holding shall not affect. the
validity of the remaining portions of this ordinance, ,nd the
City Council of the City of Denton, Texas, hereby 1, ,.1 r s it
would have enacted such remaining portions despite ,,,Y itich
invalidity.
I
SECTION V.
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, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTGii, TEXAS
PAGE 2
r1Y
r
w
•
a ~
W
LOCUS' Z -
d,
_
via& to $ A!
0 so"
0f a
ftm
kLEBAI +
AUSTIN Mrs
as M= ea 19
law
NO
M w _
/ce 30 ~ W
W '
to
ZC,
lot
O
~C 40 a
. . s - at
Off of DENT" Di<w"t rims Mol
MEMORANDUM
DATE: July 29, 1986
TO : Citizens Traffic Safety Support Commission
FROM: Jerry Clark, City Engineer
SUBJECTS No Parking on Austin Street
Mr. Joe Hopkins of the new Kibler Office Supplies and
Computers, Incorporated, 107 E. Oak street, Denton, is
requesting the west side of Austin street, between Pecan and
Oak, be classified as a designated parking or designated as no
parking. He complains that three vehicles are always parked
there by unknown persons and therefore forces pedestrians to
walk in the street. These vehicles also block entrance and
exit to the garage and limit visibility in the general area
creating a safety hazard.
We have visited with Mr. Hopkins and agree with him that the
space in question is not for parking. Rather, it is n
pedestrian walkway. We believe people park there because there
are three parallel parking spaces clearly marked in yellow
paint, We suggest the paint marks be stripped. Then a "No
Parking" zone should be defined between Pecan and teak on the
west side of Austin street.
J r y ar , P.E.
Ci. y Eng neer
0405h
i
Page S of 7 pages
ITEM 49 JOE HOPKINS OF THE NEW KIBLER OFFICE SUPPLIES
Paul Iwuchukwu said Mr. Hopkins was requesting the
west side of Austin street between Pecan and Oak be
designated as no parking. Vehicles have been
blocking the entrance and exit to the garage and
limit visibility in the general area creating a
safety hazard.
STAFF RECOMMENDED: Approval
COMMISSIONERS: Wayne Autrey made a motion to
approvo the request of "No
Parking" for 3 spaces. Gene
Gohlke seconded the motion.
Motion passed unanimously.
ITEM 910 SPEED ZONING/F.M. 2181 (TEASLEY LANE) BETWEEN DALLAS
DRIVE AND RYAN ROAD:
Paul Iwuchukwu said the State Department was
requesting a speed zoning of F..M. 2181 (Teasley Lane)
between Dallas Drive and Ryan road.
Vivian Edwards asked for clarification on request.
Paul said spoed limits are based on accidents that
are caused in a particular area, driver behavior and
geometrics of the highway and prudent safe driving
speeds. The staff has reviewed the highway
departments study and agrees with the speed zoning
recommendation.
. STAFF RECOMMENDED: Approval of ordinance
COMMISSIONERS: Virginia Gallian made a motion to
approve the ordinance. Doris
Chipman seconded the motion.
Motion passed unanimously,
Item #11 MCNAMA A ENGINEERING'S REQUEST FOR DRIVEWAY VARIANCE
FOR BURFlIE BRAE KDIDITION:
Paul Iwuchukwu presented a view graph showing the
proposed driveways. The request was to install two
driveways on I3S E service road and another driveway
on Bonnie Brae, a minimum of 100 feet from the
intersection of Bonnie Brae and I35 E service road.
Jerry Clark said tho staff could allow only one
driveway along 135 E service road to minimize traffic
disruption in the area. It was tho staff's position
that a traffic impact analysis should be submitted
showing the installation of a driveway on Bonnie
Brae, a minimum of 100 feet from the intersection,
would not cause harm to traffic flow.
DATE: September 2, 1986
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell, City Manager
SUBJECT: CONSIDER SERVICE OUTSIDE THE CITY LIMITS FOR MR. RAY
L. BAKbR. THE DEVELOPMENT 1S LOCATED AT 803 RYAN
ROAD, DENTON, TEXAS, 76205.
RECOMMENDATION:
The Public Utilities board at their meeting of August
ZOO 1986, recommends to the City Council approval of
the subject utilities service presently outside the
city limits.
SUMMARY:
Serv;.ce can be obtained by extending a 4 inch lateral
to the existing 10 inch sanitary sewer line adjacent
to Mr. Baker's tract of land. This will be in
accordance with the City's policy of eliminating
t:-oublesome septic tanks wherever possible.
BACKGROUND:
An existing 10 inch sanitary sewer line runs
approximately North/South along the bast boundary of
Mr. Baker's prop.rty. This single family tract is
within the City of Denton's Extra Territorial
Jurisdiction, but outside of the City of Denton City
limits. City of Denton ordinance requires that the
Public Utilities Bord and City Council approve outside
city limit service, if warranted.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Denton Municipal Utilities, present/future developers,
City of Denton Legal Department
FISCAL IMPACT:
No cost to the City of Denton
0202n:22
Service for Ray L. Baker
page 2
Respe ully submitted:
Prepared by: Cit Manager
le F, 26447
C, David Ham
Assistant Director of Utilities
Water/Wastewater Divisions
Approved:
W G /64eL'.
R. B. elson
Director of Utilities
Attachment 1 Letter requesting sanitary sewer service for
owner
11 Location map
111 Minutes of Public Utilities Board Meeting of
August 20, 1984
0202n:23
777
AUG O t 1986
July 31, 1-'66*
:;Olson
r-Il$ctor +Tl{ ,ter
C_ VH ti VY
21t •
../eat.:, 7_,2
I recentl on se )tic tnn:: at '03 cyan d.
-h0!'C is a City of Denton can_ V, ry serer tine, ;:i.th
easel-ant .:croca ro ;erty, G c;'; -atod to the city,
13- 75 • 1 a,,., o+,.,. -4- or I of+ t:•:' city I ..i tS
•
i Gn.l rec.LiCJV~aI~ JL~er sf4 c" fror„ Vh0 city since
y t:,; so cla;;c c nd I c;: suffarinr se ;tic tuns
nov,, oulez.;s
. ~incc•rely,
iay L• :x:•{°r
:;ent on, 7620;.
Lj.
! ATTACHMENT I
'6010, p
I ~ ~ 01
I
I
I ~'Xf!'fINLZ` ICI{ .'.yr,rakv
i 1 . I tR
' N V
4v fig,"
0
{
I
10
00
tIrAKY
I '
I ~ \ N
I
1
1 1
laFtl-a
Prof. 4w
1 I
I 1
I i
I 1
I I I 7
1 `
I I If ~1
1 1~
:S n n
ATTACHMENT 2
.r
EXCERPT
PUBLIC UTILITIES BOARD
METING OF AUGUST 109 1986
11. CONSIDER SERVICB OUTSIDJi THB CITY LIMITS FOR MR. RAY L.
SAKE THE L N S LOCK D 0 ,
PIN
Has explained that the Utility Staff recommended to the
Public Utilities Board approval of the subject request for
utility service presently outside the city limits.
According to Has, approval of this request involves no cost
to the City of Denton#
Thompson moved to approve the subject request for utility
service. Coomes second. All ayes, no nays, notion carried
unanimously.
T
DATE: September 2, 1986
i
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell, City Manager
SUBJECT: CONSIDER SERVICE OUTSIDE THE CITY LIMITS FOR MS. NORMA
HARRISON. THE DEVELOPMLNT 1S LUCATED AT 801 RYAN
ROAD, DENTON$ TEXAS, 76205.
RECUMMhNDATION:
The Public Utilities board at their meeting of August
2U9 1986, recommends to the City Council approval of
the subject utilities service presently outside the
city limits.
SUMMARY:
Service can be obtained by extending a 4 inch lateral
to the existing 10 inch sanitary sewer line crossing
Mrs. Harrison's property. This will be in accordance
with the City's policy of eliminating troublesome
septic tanks wherever possible.
BACKGROUND:
An existing 10 inch sanitary sewer line extends
North/Northwest across Mrs. Harrison's property. This
single family tract is withi;. the City of Denton's
Extra Territorial Jurisdiction, but outside of the
City of Denton City limits. City of Denton ordinance
requires that the Public. Utilities Bord and City
Council approve outside city limit service, if
warranted.
PKOURAMS, jibPARTMENTS OR GROUPS AFFECTED:
Denton Municipal Utilities, present/future developers,
City of Denton Legal Department
FISCAL IMPACT:
No cost to the City of Denton
0ZU2n:24
Service for Norma Harrison
Page 2
Respe
ully submitted:
01
7z z/ ea- zz
e
Prepared by: Cit Manager
Ii,
aY am
Assistant Director of Utilities
Water/Wastewater Divisions
Approved:
R, L. Nelson
Director of Utilities
Attachment I Letter requesting sanitary sewer service for
owner
11 Location map
I11 Minut :s of Public Utilities Boare1 Meeting of
August 20, 1986
0202n:25
AUG 01 i98R
MANl1FACY M
MANUMACTU48*8 001 •Aor&RIOSTATrc wArrR frtrtRt
T~i~M1pN• }/1 ~M-1t11 P.O. box fit OfNTON. VIXAS;G
July 31, 19360
:Tolson
Director of utilities
215 L. jMcF:enney 6t.
Denton, Texas, 76201
Dear ►ir. i1elson,
• I am presently on a septic tank at 301 Ryan Toad.
There is a dity of Denton sanitary se•„er line ; itn
easement across zry Droperty dedicated to the city, 1375.
I am outsied of the city li:.Utso
an reruoct_n-,, s,~c;er service frog the citq since
1 are so close & nd :.:a,; suffer se.-tic tank -)roblon; in the
future.
I '0rould ap ;rlciate your assistance.
Oinc~lrely,
7 `
Norms iarriscn
01 Ryan :Id .
Denton, Tx.,76205.
ATTACHMENT I
Iii
~ .72.01
!
f
f ,
I `
I
i
1 ~ R \ ~ IS
1 1 \ \
X11 ~ I~[I I I
r I VVV ~1 i~I~ ♦.\1~,~1.4 \ \
1 I l~f~~l, ~.r r'
1 » ` ~ I
1 1,
1
I I
1 1
I 1
I f
I I ~
I
4L2. -Jf-
14 4.: a
AT TACHMENT 2
EXCERPT
PUBLIC UTILITIES BOARD
MkIT1NG OF AUGUST 20, 1986
12. CONSIDER SbR V:Cb OUTSIDE THti CITY LIMITS FOR MS. NORMA
Ham explained that the utility St^_f recommended to the
Public Utilities Board approval of the subject request for
utility service presently outside the city limits.
According to Ham, approval of this request involves no cost
to the City of Benton.
Thompson moved to approve the subject request for utility
service. Coomes second. All ayes, no nays, motion carried
unanimously$
-wiw