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HomeMy WebLinkAbout07-01-1986 AG~.Nd~ C,i~ o~~~N+M, City C.auNC~~ ~ ~v.\~ 1. I°I glv ;'Y .-~4~'4w :,':F~~P_..... 9"#... ...,.*s . Y""'n-s"L• ! t'r ;rv ~.-..~..g ,.~ae+4,. ~ s'° AGENDA CITY OF DENTON CITY COUNCIL Jul,, 1, 1986 Work Session of the City of Denton City Council on Tuesday, July 1, 19860 at 5:00 p.m. in the Civil Defe,Ase Room of the Municipal Building at which the follotAng items will be considered: 5:00 p.m. 1. Consider appointment to the Texas Municipal Power Agency Board of Directors. 2. Executive Session: C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A,T,S. (see item #I) Regular Meeting of the City of Denton City Council on Tuesday, July 1, 1986, at 7:00 p.m. in t!,e Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m, 11 Consider approval of the Minutes of the Regular Meeting of. June 3, 1986. 21 Appearance by Mr, Carl Young requesting approval for an extension of the park curfew and the curfew for sound amplified equipment until 12:00 midnight at Fred Moore Park on July 4 and 5, 1986, 34 Public Hearings: A. Z-1798. Petition of Ana .Rocco Pena requesting an a`i`r dent to an existing 14.057 acre planned development located on the east side of Riney Road adjacent and south of U.S. Highway 77 and north of Windsor Drive at a point approximately 220 feet east of the intersection of Riney Road and Windsor Drive. The current planned development permits the development of thirty one (31) single family dwellings and one retirement/recovery center, The ro osed amendment would permit the development of a church on a 5.8 acre portion of the single family site. (The Planning and Zoning Commission recommends approval.) I. Consider adoption of an ordinance a proving an amendment to an existing 14.07 acre planned development located on the east side of Riney Road adjacent and south of U.S. Highway 77 and north of Windsor Drive, City' of Denton City Council Agenda July 1. 1986 Page Two 8. Z-1862. Petition of Edward Podoba, Janusz 0 o a, and Elizabeth Podoba requesting approval of a site plan for a 2.8 acre tract located at the northeast corner of U.S. Highway 77 and Fallmeadow Street. The property is more particularly described as Unit Una, Block One, of the Denton North Addition. The property is zoned planned development (PD-8) for general retail land use. If approved, the site plan will permit the development of a 25,100 square foot retail center. (The Planning and Zoning Commissskon recommends approval.) 1. Consider adoption of an ordinance approving a site plan for a 2.8 acre tract located at the northeast corner of U.S. Highway 77 and Fallmeadow Street. C. Z1804. Petition of A. Ben Pinnell, Jr. requesting a change in zoning from the agricultural (A) district to the light industrial (LI) district on 11.437 acres and the removal of specific use permit (S-173) on the remainder of the 29.62 acre tract. The property is located east of Ma hill Road and north of foster Road and is shown in the Gideon Walker Survey, Abstract 1330. If approved, the property may be utilized for any purpose permitted in the light industrial (LI) district by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission recommends approval.) 11 Consider adoption of an ordinance approvingg a change in zoning from the agricultural (A) district to the light industrial (LI) district on 11.437 acres and the removal of specific use permit (5-173) on the remainder of the 29.62 acre tract located east of Mayhill Road and north of Poster Road. D. Z-18116 Petition of Jay Balentine requesting a M Age in zoning from the planned development district (PD-60) to the single family (SF-7) district. The property is located oast of Audra Lane and north of Paisley Street and more fully described as Lot 22, Block B, Lee Meadows Addition, Section I. If approved, the property may be utilized for any purpose permitted in the single family (SF-7) district by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission recommends approval.) ~,#s .,C.2r r °^r _'r'~-F~ -*F.;,3 r. x„cyra ~-'y~- .„siF `t `f x ~.:.~!T•;^ 5 a.,. v - r..3eir r:s+_'s., City of Dentoa.City Couacil Agenda July 1, 1986 Page Three 1. Consider adoption of an ordinance approving a change in zoning on Lot 220 Block 81 Lee Meadows Addition, Section it located east of Audra Lane and north of Paisley Street. E. Z-1805. Petition of Amos Schwartz Construction ompa y, Inc. requesting an amendment to a planned development (P))-60). The property is located east of Audra Lane and north of Paisley street and is more fully described as Lee Meadows Addition, Sections I and 11. If the amendment is approved, the following changes will be made: Front Yard Setback - 25 feet Rear Yard Setback - 30 feet Side Yard Setback - Minimum of 6 feet Side Yard Setback - Minimum of 1 foot Minimum Separation Between Structures - 7 feet Eliminate Private Park Requirements (The Planning and Zoning Commission recommends approval.) 11 Consider adoption of an ordinance approving an amendment to a planned development (PD-60). F. 5-190. Petition of Jay Baleutine requesting a spec fic use permit for a day care center. The property is located east of Audra Lane and north of Paisley Street and more fully described as lot 22, block B, Lee Meadows Addition, Section 1. If approved, the specific use permit would allow the operation of a day care center in a single family (Sr-7) zoned area. (The Planning and Zoning Commission recommends approval.) 11 Consider adoption of an ordinance approving a a specific use permit for a, day care center on Lot 220 Block B, Lee Meadows Addition, Section I. G. Z-1807. Petition of Hammett Nash, Inc., representing Leon Kinies, requesting a change in zoning from the agricultural (A) classification to the light industrial (LI) district on a 10.54 acre tract located on the south side of Bast McKinney Street (FIA 426) approximately 300 feet west of Bellaire Street. The property is further described as a tract in the M. Yoachum Survey, Abstract 1442. If the request is approved, the property may be utilized for any purpose permitted in the light industrial district by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission recommends denial.) ti- f R _,-rye-. .p.:'~' s- rr,- ^~«-•T--' .i~'.~,:.~ x :r, ~ -s -t a-.^-'-s+-.?" sw';'a°~, 'r::' '1i City of Denton City Council Agenda July 1, 1986 Page Four 4. Acceptance and approval of Planning and Zoning Commission recommendation for a five year utilities Capital Improvement Plan, 5. Acceptance of Planning and Zoning Commission recommendation for a five year non-utilities Capital Improvement Plan. 6. Consent Agenda; Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designe? to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed backs-up inforaLtion is attached to the ordinances (Agenda items B.A, 8.B, 8.C)• This listing is provided on the Consent Agenda tc allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: 11 Bid 4 9624 - Traffic signal controller 2. Bid 0 9625 - One ton cab chassis 3. Bid 0 9626 - Contract - concrete work 4. Bid g 9627 - CDBG paring improvement - Bushey Street 56 Purchase Order 8 73738 to Rone Engineering in the amount o.E $19,362.50 6, Purchase Order N 74022 to General Electric Company in the amount of $450860,00 B. Plats and Replats: 11 Approval of preliminary and final replat of the Alex Robertson Addition, Lut 4, Block 15. (The Planning and Zoning commission recommends approval.) 2. Approval of preliminary and final replat of the Expressway Industrial Park Addition, Lot 1, Block B. (The Planning and Zoning Commission recommends approval.) I VP.Nrl : City of ueaton City Council Agenda July 1, 1986 Page Five 31 Approval of preliminary plat of the Keenan Fares Addition. (The Planning and Zoning Commission recommends approval.) 4. Approval of preliminary replat of the Kiowa Trail Estates Addition, Lots 1-10, Block 1. (The Planning and Zoning Commission recommends approval.) 5. Approval of preliminary plat of the Northwood Addition, 12th Installment. (The Planning and Zoning Commission recommends approval.) 6. Approval of final replat of the Pace's Crossing Addition, Lot 10 Block 1. (The Planning and Zoning Commission recommends approval.) 7. Approval of final replat of The Residence II Addition. (The Planning and Zoning Commission recommends approval,) 7, Discussion of Stuart-Seline paving/drainage project (Bid M 96U9). 80 Ordinances; A, Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance acceptingg competitive bids and providing for the award of contracts for public works or improvements. C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. D. Consider adoption of an ordinance naming a public park as Martin Luther King, Jr. Park. (The Parks and Recreation Board recommends approval.) B. Consider adoption of an ordinance and service plan annexing approximately 142 acres being part of the Morreau Forrest Survey Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 mile east of Mayhill Road and ending approximately 2,000 feet east of Trinity Road. (A-35) ;iJ16 City of Ironton City Council Agenda July 1, 1986 Page Six F. Consider adoption of an ordinance and service plan annexing approximately 299.83 acres between I-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330 , and the W. Durham Survey, Abstract 330. (A-38) G. Consider adoption of an ordinance approving the payment of an amount not to exceed $3,000 to the Texas Municipal League to pay the cost of intervening in litiga ion relating to Texas water quality standards. The Public utilities Board recommends approval.) H. Consider adoption of an ordinance accepting the dedication by deed from G. C. Ledyard, Jr., Trustee, of that portion of certain real property situated in the J. Scott Survey, Abstract No. 1222, Denton County, Texas, as described in said dedication deed, to the City of Denton, Texas, for the use of-said property as a public street. 1. Consider adoption of an ordinance accepting the dedication by deed from Ed Wolski and Larry W. Frank, Trustees, of that portion of certain real property situated in the J. Scott Survey, Abstract No, 1222, Denton County, Texas, as doscribed in said dedication deed, to the City of Denton, Texas, for the use of said property as a public street. J. Consider adoption of an ordinance accepting the dedication by deed from Connell Development Co. of that portion of certain real property situated in the Meyers Survey, Abstract ho, 1699, G. H. Barb Survey, Abstract No. 208 and the Wm. Wilburn Survey, Abstract No. 1419, Denton County, Texas, as described in said dedication deed, to the City of Denton, Texas, for the use of said property as a public street. 9. Resolutions: A. Consider approval of a resolution to adopt one personnel policy: Military Service Leave 111.04 B. Consider approval of a resolution approving a contract for the collection of delinquent taxes. C. Consider approval of a resolution designating the Animal Control Supervisor as the local health authority for the purposes of carrying out the provisions of the Texas Rabies Control Act and the applicable ordinances of the City of Denton. a . City of Denton City Council Agenda July 1, 1986 Page Seven D. Consider approval of a resolution asking the members of the Texas Senate and House of Representatives to honor the commitment made in the 1984 Special Session of the Legislature to repair and improve the state's highways. E. Consider approval of a resolution appointing a member to the 'texas Municipal Power Agency's Hoard of Directors. F. Consider approval of a resolution approving a letter to the Board of Trustees of Flow Regional Medical Center with respect to conflict of interest limitations for the new board. lu. Confirmation of City Manager's appointment of Dr. Derrell Bull's to the Civil .service Commission, 11. Miscellaneous matters from the City Manager. 120 New Business: This item provides a section for Council Members to suggest items for future agendas. 13. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T,a. B. Real Estate Under Sec. 2(f) Art. 6252-I7 V.A.T.S. C. Personnel/Hoard Appointments Under Sec. 2(g), Art 6252-17 V.A.T. . 14. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel/Board Appointments C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1.986 at o'clock CITY SECKETXIr~~ 22590 City council minutes June 3, 1906 The Council convened into the Work Session at 5:30 p.m. in the civil Defense ROOM. PRESENT: Mayor Stephensl Mayor Pro Tem Alford; Council Members Alexander, Chew, McAdams and Riddlesperger ASSVNT: Council Member Hopkins 1. The Council held a discussion on the City of Denton's position regarding financial responsibility for indigent health care. City manager Lloyd Harrell reviewed a letter which had been received from the County Commissioners regarding the City's financial responsibility for indigent health care. After discussion, it was the consensus of the Council to send a written response to the court stating that the City of Denton felt no legal responsibility. 2. The Council held a discussion and consider approval of request for proposal for independent auditing services. City Manager Lloyd Harrell reviewed with the Council the documentation and procedures as recommended by the Finance Director regarding the proposal for independent auditing services, The consensus of the Council was to proceed in mailing the proposals. Council Member Hopkins joined the meeting. 3. The Council received a report on proposal from Denton County Tax Appraisal District regarding tax collection for the City of Denton. City Manager Lloyd Harrell reported that the proposal received was for tax collection for the next year at a cost which would vary between $680000 and $1020000 over and above what the City already had to pay. It currently cast the City approximately $64,000 per year to operate an in-house Tax Departments however, the office performed additional duties other than tax collection. It did not appear that the Tax District proposal would save money for the City. Staff recommendation was to response that the City was not interested at this time. Consensus of the Council was to reject the proposal. 4. The Council held a discussion on calendar of available dates for follow-up meetings on City Council retreat goals and objectives. City Manager Lloyd Harrell reported that staff had provided tentative dates for Council meetings to discuss goals and objectives. These dates had been chosen as they were the Tuesdays which regular Council meetings would not be held. The plan was to begin each meeting at 5:30 with an orientation by individual departments with attendance by a related city board or commission, as appropriate. The meeting would then turn to the discussion on the goals and objectives from 7:00 p.m. until 9:00 p.m. The consensus of the Council was that the proposed dates were acceptable. 5. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. The Council convened into the Regular Meeting at 7:00 p.m, in the Council Chamhers. PRESENT: Mayor Stephenel Mayor Pro Tem Alford) Council Members Alexander, Chew, Hopkins, McAdams and Riddlespergar ABSENT: None Agenda items #2 and 13 were moved forward in the agenda order. 01 City of Denton City Council Minutes Meeting of June 3, 1986 Page Two 2. The Council considered approval of a resolution in apprec- iation of Thomas Chastain. The fallowing resolution was presenteds RESOLUTION IN APPRECIATION "THOMAS R. CHASTAIN* WHEREAS, Thomas R. Chastain is retiring After Potty-one years of dedicated service to the City of Denton since his employment on April 15, 19451 and WHEREAS, during his career with the City, Thomas R. Chastain has consistently maintained an attitude of cooperation with and dedication to the stated goals of the Denton Municipal Utility Department of the City at Denton) and WHEREAS, Thomas R. Chastain has exhibited outstanding expertise, dedicating much time and effort in assisting with the work of the Utility department and has shown great spirit in encouraging community involvement in the beat interests of the citizens of Denton) and WHEREAS, Thomas R. Chastain has always served above and beyond the mere efficient discharge of his duties and has responded to his duties in a loyal, trustworthy and extremely faithful manner, in a spirit of cooperation with his fellow employees, and in the test interests of the .Aitizene of the community; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the sincere and warm appreciation of the City Council be formally conveyed to Mr, Thomas R. Chastain in a permanent manner by spreading this Resolution upon the official minutes of the City Council and forwarding to him a true copy hereof. PASSED AND APPROVED this 3rd day of June, 1986. CITYy0FPDENTdN, TE%AS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS McAdams motion, Alford second that the resolution be approvca. On roll call vote, McAdams "eke," Alexander 'aye," Hopkins "aye,' Alford "aye,' Riddlesperger Aye,' Chew 'aye," and Mayor Stephens *aye.* Motion carried unanimously. Mr. Chastain accepted the resolution and expressrrd his thanks to the City council and the employees of the City of Denton. Mayor Stephens then presented a proclamation to several students and tneir instructor from the Jackson Instructional center proclaiming them Honorary Urban Planners, City of Denton city council Minuses Meetinj of June i; 1986 Page Thrse 3. The Council considered tht presentation of awards for beaut'.fication effort to the City. Bob Tickner, Superintendent of Parka, reported that the names of the recipients had been furnished by the Denton Beautification Committee. Mayor Stephens presented the awards to Mr. Jack Starling, the recipient in the residential category and Ms. Kelly McKeon, Manager of the Taco Buono /2 on West University, the recipient In the commercial category. Mayor Stephens announced that zoning petition 2-1798 had been removed from the agenda by staff due to an error in notification. The Council returned to the regular agenda order. 1. The Council considered approval of the Minutes of the Regular Meeting of May 20, 1986. McAdams motion, Riddlesperger second that the Minutes be approved as presented. Motion carried unanimously. 4. The Council considered a presentation of the proposed budget for Flow Memorial Hospital. City Manager Lloyd Harrell reported that representatives from Flow Hospital would make the presentation. Mr. Karl Eason, Chief Financial Officer of Flow Memorial Hospital, reported that total anticipated patient revenues would be in excess of $22,000,000. Other operating revenues were projected to be approximately $781,000 for a total operating revenue figure of $16,7770710. City Manager, Lloyd Harrell stated that congratulations were in order for the financial outlook for the hospital. This proposed budget did, however, include $250,000 in capital contributions from the City of Denton. Harrell further stated that he wished to bring this to the attention of the Council as the City budget for the next fiscal year promised to be very tight. He hoped that the council would look at the proposed contribution to Flow in the context of the entire City budget. Mr, Eason stated that the proposed budget had been prepared under the current ownership structure of the hospital. Debra Drayovitch, City Attorney, asked Mr. Eason to explain the 856 County payment shown on page 3 of the proposed budget. Eason stated that the detailed deduction sheet included the revenue percentage for Hill-Burton and Senate Bill 1, The 856 county payment would represent approximately $766,700. It was difficult to plan what the ratio would be for the next year, I& the transfer occurred, it would change everything, The Medicare projection was a fixed payment and the Medicaid was a prospective fixed payment. There was a 56 bad debt rate. The cost/charge ratio was 856/156. Under contractual allowance, the combined Medicare and Medicaid produced a write-off of approximately $3,000,000. Blue Cross, etc. represented a 5% bad debt with self-pay producing a 566 write-off. McAdams motion, Alexander second to accept the report and consider the Flow Memorial Hospital proposed budget in conjunction with the City of Denton budget. Motion carried unanimously, 5. The council considered approval of Kappa Sigma Fraternity holding a barbeque and reception at 2026 West Oak on June 21, 1986 from 6:30 p.m, until 11:00 p,m. and allowing an outside loudspeaker to be used, City of Denton City Council minutes Meeting of June 3, 1986 Page four Mr. Matt Hoq ,th, representing the Kappa Sigma Educational committee, stat-1 that the request was being made by the Alumni Association. An annual golf tournament was held each year in the metroplex area for the alumni of the fraternity. Due to the construction of the Sheraton, the members wanted to move the event back to Denton. There would be o golf tournament and then a bar-b- que, awards ceremony and dance at the fraternity house. They were requesting to use an outdoor loudspeaker until 1100 for the dance. Council Member McAdams asked if the neighbors had been contacted as there might be a noise problem. City Manager Lloyd Harrell stated that staff had requested the Alumni Association to provide a petition signed by the neighbors :egarding the outside loudspeaker. Council Member McAdams str,ted that the Council could give tentative approval and could asked the alumni to shut down the party at 10;00 p.m. if there was a noise problem. McAdams motion, Alford second to approve the request but asked the Alumni Association to forward to the City Council a petition signed by the surrounding neighbors. Motion carried unanimously. 6. The council received a presentation by Mr. Chris Caudle regarding drainage problems on Old Lee Court. Mr. Chris Caudle, 1122 old Lee court, stated that a drainage problem had existed at his home for a number of years. The City had installed a small drain grate but there were continuous drainage problems. Mr. Caudle presented photographs of flood damage experienced at his home. streets which had subsequently been constructed in this area had adequate drainage control. He requested immediate action to alleviate the problem and some long range solution for the entire area. He then presented a aiai~rdm of the surrounding streets and flood pattern. The City Engine...r had informed him that money for this pro)ect was in the Capital Improvement Program for 1989. He reiterated he needed immediate relief and felt the solution to the problem was the City's responsibility. Mayor Pro Tem Alford stated that there was much concern over this problem among the residents of this area. Hick Svehla, Assistant City Manager, reported that these particular streets were bu''t in the late 1960's or early 1970's when the City aid not hdve r drainage regulations. This particular pro)ect was scheduled in a 1988-1989 Capital improvement project programs however, it could be moved forward in the timetable at the discretion of the City Council. CIP funding would end in 1986. Council Member McAdams asked if a temporary solution to allevi,%te the immediate problem could be found. Svehla responded that the long term solution would be a pipe system which would keep the water from reaching the intersection. Any other "temporary fix" would not be very successful. Mr. Bill Russell, 1134 Old Lee Court, stated that Mr. Caudle was correct in saying that the water much be diverted prior to reaching the intersection. Mayor Pro Tem Alford stated that the Council must assume that a new Capital improvements project bond election would fund future projects such as this. The potential projects would then be prioritized in older to help people with problems such as this. City of Denton City Council Minutes Meeting of June 3, 1986 Page Five 7. Public Hearings A. The Council held a public hearing on the petition of the Cumberland Presbyterian Children's Home requesting an amendment to Specific use Permit (8-167). The property is located at the southwest corner of Bernard and Greenlee streets and is further described as 1304 Bernard Street, Lot IF Block 1, of the Cumberland Presbyterian Children's Home Addition for a total of 17,327 acres, If the request is approved, the amendment will allow the construction of an activities building that is not included on the original site plan. S-167 The mayor opened the public hearing. Mr. James Gilbert, Administrator of the Cumberland Presbyterian Children's Home, spoke in favor stating that they were requesting to move the location of the proposed activities building. No ine spoke in opposition. The Mayor closed the public hearing. Taryon Paster, Planning Technician, reported that 23 reply farms had been mailed with 2 returned in favor and 0 returned in opposition. The area was currently 22% over the intensity standard. Staff could not recommend approval due to the violation of the intensity standards however, it was beneficial for the home to have its own recreational facilities located at the site. 1. The Council considered adoption of an ordinance approving an amendment to specific use permit (S-167). The following ordinance was presented; NO, 86-105 AN ORDINANCE AMEND`.NG THE SPECIFIC USE PERMIT GRANTED UNDER ORDINANCE NO, 83-36 TO PkOVIDE FOR A REVISED SITE PLAN, AS SAID PERMIT AND PLAN APPLY TO 17.359 ACRES OF LAND LOCATED AT NORTHWEST' CORNER OF BERNARD AND GREENLEE ST98ETSI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $11000.00 FOR VIOLATIONS THEREOFS AND PROVIDING AN EFFECTIVE DATE, Cnew motion, Alford second to adopt the ordinance. On roil call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford 'aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. ;s. The Council held a public hearing on the petition of Burke Fnglneering, representing Tri-Steel Structures, requesting a change in zoning from the agricultural (A) classification to the office (0) classification, The tract is five (5) acres of land situated west of and abutting Masch Branch Road and north of U. S. Highway 380 and more fully described as lot 1, block 10 Tri-Steel Headquarters Addition. If the zoning change is approved, the property may be utilized for any land use permitted in the office (0) classification by the City of Denton Zoning Ordinance, Z-1709 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Stacey Crum, Planning Assistant, reported that a technical, error had been made in advertising when this property was originally annexed in 1985. Sever, reply forms had been mailed with two returned in City of Denton city council Minutes Meeting of June 3, 1986 Page Six favor and zero in opposition. The property was located within the approach zone of the Denton Municipal Airport, The zoning proposal did not Violate any Denton Development Guide policies. 1. The Council considered adoption of an ordinance approving a change in zoning on a five (5) acre tract of land situated west of and abutting Masch Branch Road and north of U, S. Highway 380. The following ordinance was presented: NO. 86-106 AN ORDINANCE AMENDING THE ZONING MAP OP THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, :ERAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 5.00 ACRES OF LAND SITUATED WEST OF AND ABUTTING MASCH BRANCH ROAD AND NORTH OF U. S, HIGHWAY 3801t AND MORE FULLY DESCRIBED AS LOT If BLOCK It TRI-STECL HEAD{IUARTERS ADDITION] TO PROVIDE FOR AN OFFICE "0" DISTRICT ZONING CLASSIFICATION AND USE DESIGNATION FOR SAID PROPERTY) AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins 'aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C, The council wao to hold a public hearing on the petition of Ana Rocco Pena requesting an amendment to an existing 14.057 acre planned development located on the east side of Riney Road adjacent and south of U.S. Highway 77 and north of Windsor Drive at a point approximately 220 feet east of the intersection of Riney Road and Windsor Drive. The current planned development permits the aevelopment of thirty one (31) single family dwellings and one retirement/recovery center. The proposed amendment would permit the development of a church on a 5,8 acre portion of the single family site. Z-1798 This item was removed from the agenda by staff. 1. The Council was to have considered adoption of an ordinance approving an amendment to an existing 14.057 acre planned development located on the east side of Riney Road aa)acent and south of U.S. Highway 77 and north of Windsor Drive, This item was removed from the agenda by staff. 8. Consent Agenda McAdams motion, Alexander second (n approve the Consent Agenda as presented. Motion carried unanimousAy, Consent Agenda A. Bids: 1. Bid M 9607 - CIP Utilities/State School waterline 2. Bid 19621 - Lease of scraper B. Plats and Replats: 1. Approval of final replat of Blocks 8 and 9 of the Hillside Additions Lots 1, 2, 7, and 8 Block 4, of the G. M, Greenlee Additions and alI of Block 1 And part of Blocks 2, 4, and 5 of the Hanson u City of Denton City Council Minutes Meeting of June 3, 1986 page seven and Vanden's Addition (Cumberland Presbyterian Children's Home Addition). (The Planning and zoning Commission recommends approval.) 2. Approval of preliminary plat of the Londonderry Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval,) 3. Approval of preliminary plat of the Whitney Park Addition. (The Planning and zoning commission recommends approval,) 4. Approval of preliminary plat of the South Denton Industrial Park Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval,) C. Final Payments 1. Approval of the final payment to Jo Storer for the Hobson Lane/ 377 waterline oversize articipation agreement in the amount of 50,578.70. (The Public Utilities Board recommends approval.) 9. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented; NO. 86-107 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES! PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye,' Alexander "aye," Hopkins "aye,' Alford 'aye," Riddlesperger 'aye," Chew "aye," and Mayor Stephens 'aye." Motion carried unanimously. S. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presenteds NO. 86-108 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS CA IMPROVEMENTSi PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance, On roll call vote, McAdams 'aye,' Alexander "aye," Hopkins 'aye," Alford "aye," Riddlesperger "aye," Chew 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. C. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 66.42 acres Situated in the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S, Highway 380 East, and west of Trinity Road. A-36 City of Denton City Council Minutes Meeting of June 3, 1986 Page Eight Council. Member Chew left the meeting. The following ordinance was presented: NO. 66- AN ORDINANCE ANNEXING A TRACT Of LAND CONTIGUOUS AND ADJACENT TO THz CITY OF DENTON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL. OF LAND CONSISTING OF APPROXIMATELY 3.70 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MOREAU FORREST SURVEY, ABSTRACT NO. 4171 DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL 'A' DISTRICT PROPERTY1 AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams `aye," Alexander "aye,` Hopkins `ai e," Alford 'aye,` Riddlesperger "aye" and Mayor Stephens "dye. Motion carried unanimously. D. The Council considered adoption of an ordinance approving an amendment of planned development (PD-12) on an approximately 78 acre tract located on the west aide of Interstate 35E approximately 2,500 feet south of State School Road, Z-1705 City Manager Lloyd Harrell reported that representatives from Oakmont were present to speak regarding this zoning petition. Mr. Craig Curry, representing Nelson Corporation, stated that the zoning petition was approved January 15, 1985 by the Denton City Council. His firm had worked closely with staff and appreciated the time which had been expended in preparing the ordinance. There was only one point of clarification which he wished to address and that was the commercial (office uses) portion of the ordinance. Mr. Curry then referred to information on the development which had been provided to staff during the zoning petition/public hearing stage. Their intent in the office portion was for a 6 story building, not a 2 story one. Cecile Carson, Urban Planner, reported that the planned development concept plan was considered and approved by the City Council in January of 1985. The Planning and Zoning commission had also considered this petition prior to public hearing before the Council. The concept plan used was for a small parcel of a 725 acre tract, the majority of which was located in Corinth. uo other office parcels were included in the Denton portion of the development. The portion in question could be 6 stories in heiynt if it were commercial or 2 1/2 stories in height if office. Staff had interpreted that the Council had approves offict land use. Council Member Alexander stated that the Council could not approve 6 stories without another public hearing. Council Member McAdams stated that cumulative zoning had been ended to eliminate these types of problems. The Council had understood office zoning at the time of the public hearing and they were bound by that. Council Member Alexander askeo if the Council approved the ordinance as presented, would that clear the issue of the 2 1/2 stories versus 6 stories. Carson responded yell the specific height of the building in the plan would he limited to 2 1/2 stories. The following ordinance was presentedi Cf'cy' of Denton city Council Minutes Meeting of June 3, 1986 Page Nine NO. 66-109 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE 64-11 AS AMENDED, AND AS SAID MAP APPLIES TO 74.8 ACRES OF LAND LOCATED ON THE WEST SIDE OF INTERSTATE 35-E, APPROXIMATELY 2,500 FEET SOUTH OF STATE SCHOOL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN= TO PROVIDE FOR THE CREATION OF A NEW PLANNED DEVELOPMENT DISTRICT FOR THE LAND DESCRIBED HEREIN, SAID LAND BEING PART OF THAT PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE NO. 80-361 PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR VIOLATION THEREOFI AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdama second to adopt the ordinance. Council Member McAdams asked if the developer had a problem with the action. Mr, Curtis Holley, Oakmont Development, stated that his firm had worked long and hard on this project and had asked staff for the ordinance for a year. Debra Drayovitch, City Attorney, stated that this had been a difficult ordinance to prepare. Staff was trying to insure that the ordinance was never questioned on any grounds. Curry stated that his firm would like to go along with the ordinance if the Council so desired, On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesparger "aye," and Mayor Stephens *aye.* Motion carried unanimously. Council Member Chew joined the meeting, E. The Council considered adoption of an ordinance accepting the conveyance of deed from the truaL for public land of 16.0455 acres of land located in the H. Carter Survey, Abstract No. 281, City and County of Denton, Texas. Steve Brinkman, Director of Parks and Recreation, reported that the passage of this ordinance would allow the City to accept land to be used for a park. The property was located in a flood plain area and the City had received a grant for the construction of the park. Development could begin in the tall, The following ordinance was presented: N0, 86-110 AN ORDINANCE ACCEPTING THE CONVEYANCE BY DEED FROM THE TRUST FOR PUBLIC LAND OF 16.0455 ACRES OF LAND LOCATED IN THE H. CARTER SURVEY, ABSTRACT NO. 281, CITY AND COUNTY OF DENTON, TEXASt AND PROVIDING FOR AN EFFECTIVE DATE, Alexander motion, Hopkins second to adopt the ordinance, on roll call vote, McAdams "aye,* Alexander *aye,* Hopkins *aye,* Alford *aye,* Riddlesperger *aye,* Chew "aye," and Mayor Stephens *aye.* Motion carried unanimously, F. The Council considered adoption of an ordinance providing for one-way traffic from south to north on the east frontage road of Interstate Highway 35 betweeii Highway 380 and Highway 77, and for one-way traffic from north to south on the west frontage road of Interstate Ntgnway 35 between 380 and F.M. 11731 providing for a penalty in the maximum r.xcunt of $200.00 for violations thereof. As City of Denton city council minutes Meetinq of June 3, 1986 Page Ten Rick svehla, Assistant City Manager, reported that this issue had previously been before the Council. The State Highway Department has requested this action. In 1983, the City Council had passed a resolution to the effect that the service roads would be made one- way when the Loop 288 overpass was built. The Highway Department has received correspondence from the Governor's office regarding the safety hazards at these intersections due to the two-way traffic. A compromise had been reached with the Highway Department in that the frontage roads would be made one-way with the intersections were signalized. if the frontage roads were made one-way, the Highway Department had agreed to install the signals. Mr. Hunter World, resident of Greenway Estates, stated that the residents were concerned about access to Westgate hospital and the southbound freeway if the frontage roads were made one-way. They would prefer that the frontage road remain two-way until the overpass allowing access to the freeway was completed. Mr. Tom Dickens, resident of the Greenway neighborhood, stated that, due to increased development in the area, it would take 8 to 10 minutes more to get to interstate 35 from the neighborhood. The traffic would go through residential area to get to the freeway. City Manager Lloyd Harrell asked Svehla what the cost of installation for the signals it the City had to pay rather than the Highway Department. Svehla respondod approximately $40,000 to $50,000. Council Member McAdams asked if the City could negotiate with the Highway Department on the time schedule for making the roads one-way and also the eignalization. Svehla responded that he could ask. Riddlesperger motion, Alford second to table the item until June 10. Motion carried unanimously. G. The Council considered adoption of an ordinance accepting the dedication by plat of a drainage easement from All Al-Khafaji. Debra D ayovitch, City Attorney, reported that the ordinance was brought before Council as the eabemen ham never been dedicated. The following ordinance was presented: N0. 86-111 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ACCEPTING THE DEDICATION BY PLAT OF A DRAINAGE EASEMENT FROM ALI AL-KHAFAJII AS MORE PARTICULARLY DESCRIBED HEREIN$ AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,' Alford "aye," Riddlesperger 'aye," Chew 'aye,' and Mayor Stephens "aye,' Motion carried unanimously, 10. Resolutions A. The Council considered approval of a resolution temporarily closing Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge on July 12, 1986 from the hours of 4:00 p.m. until 1000 p.m. for the purpose of having a neighborhood block party. Mr. Zane Lemons appeared and distributed invitationo to the Council Members for the block party. i City of Denton city Council Minutes Meeting of June 30 1986 Page Slovon The following resolution was presented: R E S O L U T 1 0 N WHEREAS, Zane Lemon has requested that Pembrooke and LynhLrmt Streets at the intersection of Pennsylvania and Longridge, public streets within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 4:000 P.M. to 10:00 P.M. on July 12, 1986, for the purpose of having a neighborhood block party; and WHEREAS,, Zane Lemon has assured the City Council that all residents in such block have a,jreed to the temporary closing of Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge: and WHEREAS, Zane Lemon has further assured the city council that no alcoholic beverages will be served at the above-mentioned block partyl NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. That Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge, public streets in the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 4:00 p.m. to 10:00 p.m. on July 12, 19860 for the purpose of having a neighborhood block party. SECTION II That the City Manager shall direct the appropriate City Department to erect barricades at Pembrooke and Lynhurst Streets at the intersectio,:s of Pennsylvania and Longridge at 4:00 p.m, on July 12, 1986, and to have the same removed at 10:00 p.m. on said date. PASSED AND APPROVED this the 3rd day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution he siproved. On roll call vote, McAdams "aye,' Alexander "aye,' Hopkins "aye,' Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. S. The Council considered approval of a resolution authorizing the Mayor to approve requests made through the County Commissioners Court for extension of services and requests for the naming of streets in the extra-territorial juraidiction of the City of Denton. The following resolution was presented: -r City of V*ftton city council Minutes Meeting of June 30 1966 Page Twelve R E S O L U T I O N requests WHEREAS# on utility lines twithinOrthe a eutraterrUCH4111 jurisdiction of the City of Denton] and WHEALAS, from time to time, the Mayor of the City of Denton is also requested to approve "Applications to Name Streets' within the extraterritorial jurisdiction of the City Of Dentoni and WHEREAS, the Mayor and City Council, having discussed Lhese requests, have determined that these requests should be reviewed by the City staff prior to execution by the mayor, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DFNTON, TEXAS: SECTION I. That the Mayor of the Ctty of Denton is authorized to execete, on behalf of the City of Denton, approval for 'Requests for permission to install Utility Lin,)s* and 'Applications to Name Roads in Denton Country", up-,in the recommendation of the City Manager, who shell have his staff review said requests and applications prior to making his recommendation. SECTION II. That this resolution shall become effective imme,+iately upon its passage and approval. PASSED AND APPROVED this the 3rd day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI ORAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY., McAdams motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander *aye,' Hopkins 'aye," Alford "aye,' Riddlesperger 'aye," Chew 'aye,' and Mayor Stephens 'aye." Motion carried unanimously. C. The Council conside,:ed approval of a resolution agreeing to contribute a proportional share of the coat of updating the Greater Dallas Mobility Study. Rick Svchla, Assistant City Manager, reported that the Mayor and City Manager had attended a program on this study, The intent was a lobbying effort by the City of Pallas and neighboring cities to the Highway Department concerning traffic issues. T?:e share for the City of Denton was $1,335. The following resolution was presented: City of Denton city council minutes Meeting of June 3, 1966 Page Thirteen R E S 0 L U T 1 N WHEREAS, the Metroplex Mayors have created an executive committee on state Highway Financing, whose primary function will be to lobby for a greater share of state highway funding for the Metroplex: and WHEREAS, as part of the lobbying effort, it is essential that the 1982 Greater Dallas Mobility Study be updated to include DART, new thoroughfares, freeways and tollroadel and WHEREAS, the Executive Committee has recommended that the $50,000.00 cost of updating this Mobility Study be apportioned among the participating cities on the basis of their 1980 populations, and WHEREAS, Denton's resulting share of the cost of updating this important Study is estimated to be $1,335.00; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DE.NTON, TEXAS: SECTION I. That the City council hereby expresses its support for the efforts of the Executive Committee on State Highway Financing. SECTION II. That the City of Denton hereby agrees to contribute its proportional share toward the cost of updating the Greater Dallas Mobility Study. SECTION III. That this Resolution shall take effect immediately from and after its passage and approval. PASSED AND APPROVED this the 3rd day of June, 1986, RAY STEPPERSe MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE , C SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY. Alexander motion, McAdams second that the resolution be approved. On roll call vote, McAdams 'aye,' Alexander 'aye,' Hopkins "aye," Alford "aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye." Motion carried unanimously. D. The Council considered approval of a resolution changing the date of the regular City Council meeting of June 17 to June 10, 1986. The following resolution was presented: I E S 0 L U T 1 0 N WHEREAS, a majority of the Council will be out of the City of Denton on June 171 1986, and it is necessary that the Council city of Denton city council minutes Meotiag of Jun* 31 1986 Pago fourteen meetinq for such date be held on June 10, 1986; NOW, THEREFORE, BE IT RESOLVED 81 THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the regular Council meeting to be hold on.. June 17, 1986 be held on June 10, 1986. PASSED AND APPROVED this the 3rd day of June, 1986. RAY STEP E S, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON# TEXAS BY: Chew motion, McAdams second that the resolution be approved. on roll call vote, McAdams 'aye,' Alexander 'aye," Hopkins 'aye,' Alford "aye," Riddlesperger 'aye,' Chew 'aye," and Mayor Stephens "aye.' Motion carried unanimously. 11. The council received a report and discuss the status of the lease agreement between the City of Denton and Maverick Aircraft, Inc. No report was made on this Executive Session item. 12. The Council received a report- on the F.tatus of the proposed asset transfer of Flow Memorial Hospital. Debra Drayovitch, City Attorney, reported that the timetable for the asset transfer had been somewhat effected by the may 27 meeting. Insurance papers for tie hospital had just been received A comptomiee ad been reached on the warrant es and representations. Changes to the agreement had been received this day in her office. 13. The Council considered approval of an appointment to the North Central Texas Council of Governments's Executive Board of a regional citizen representative. Chew motion, McAdams second to nominate Ms. Karen Abernathy for the appointment. Motion carried unanimously. 14. The council received the following miscellaneous matters from the City Manager. City Manager Lloyd Harrell reported that a revised budget calendar had been prepared. The receiving of the budget issues had been moved to July 1 and 2 from June 24 and 25. The consensus of the Council was to begin budget hearings on July 1 and 2. 15. New Business No items of now business were suggested by Council members for future Agendas, City of Denton City Council Minutes Meeting of June 30 1986 Page Fifteen 16, The Council reconvened into the Executive Session to discuss legal matters# real estate, personnel and board appointments, No official action was taken. With no further items of business, the meeting was adjourned, RAY STEPHENS, MAYOR CHARLOTTE ALLiit1, CITY SECRETARY 2222C i PETITION FOR CITY COUNCIL We, the undersigned, have been given information about the following event: July 4 and S ball tournament, disco and live band show in Fred Moore Park with the curfew extended until 12:00 midnight and we do not object. NAME ADDRESS .04 SCO'~f Doe. P 3e) Y\ V1 TVA A.~q L4 226SC CA ~y p 5ff r"Aw z 77 77 T-Ti- PETITION FOR CITY COUNCIL We the undersigned, have been given information about the following event: July d and S ball tournament, disco and live band show in Fred Moore Park with the curfew extended until 12:00 midnight and we do not object. N. Afib ADDRESS 1t4/~ L~ ^ v r 5 ~ / ~ ' V lad n 2265C ~~~k 0 Q A~ J (r~IL C 1 ~I~ ~•Tt`~jrrC 5f PETITION FOR CITY COUNCIL Woo the undersigned, have been given information about the following event: July 4 and S ball tournament, disco and live bond show in Peed Moore Park with the curfew extended until 12:00 midnight and we do not object. NAMh ADDRESS Z-Te1 d ~•13 ou Q~l S Scoff" 6NZ0 C-7o v-AA) S gip. 7?:. lea rifle 444 11 A COOK ~l r PETITION FOR CITY COUNCIL We, the undersignAd, have been given information about the following event: July 4 and S ball tournament, disco and live band show in Fred Moore Park with the curfew extended until 12:00 midnight' and we do not object. NAMb ADDRESS -715 r 226SC f PETITION FOR CITY COUNCIL No, the undersigned, have been given Information about the following events July 4 and 5 ball tournament, disco and live band show in Fred Moore park with the crnrfew extended until 12:00 widni`bt and we do not object. : NAMb ADDS r P4-V~ f~ uJIA 5 ? 09 t" 4,4 rpm t~.J 22b5C K4'T' r tl } ~ "4.F .l4'lic q, ~`a Y DATE: 7/1/86 99UNCIL R[P0111 FORFAI TO: Mayor and Members of the City Council PROM: Lloyd Harrell, City Manager SUBJECT: Public Hearing for Zoning Case Z-1798 BJCQMMRNDATION : The Plawsing and Zoning Comission considered this item at its meeting of Juno 25, 1986 and voted to reoomsasnd approval of Z-1798 by a vote of 34.1 9U RY- This is a request to amend an existing 14 acre planned developsisnt located along the east side of Riney Road, adjacent and south of Highway 77 and north of Windsor Drive at a point approximately 220 feet east of the intersection of Riney Road and Windsor Drive. Thirty-one single family detached lots (SP-7) and a 38,000 square toot retirement/recovery center are permitted in the planned development. BACKGROUND: This request would eliminate 22 of the single family lots and replace them with a 5.8 acre church site. While approval of the amendment would not violate the intensity standard for this low intensity area, it would double the intensity on this tract. PROGRAMS. DBPARTONTS OR GROUPS APPB9VD: Not applicable PIBOAL MPACT: There is no impact on the general fund. Roe lly s tted: Llo Harrell Prepared by: City Kanager Denies Bp ve`# Urban Planner Appro Jeff Mey Director of Planning and Development 0171k i. PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To. Denton city council Case No.: Z-1798 Meeting Date: July 1, 1986 (,'ENERAL INFORMATION Applicant: Ana Pena 4300 Valley Crest Arlington, Tx 76010 Status of Applicant: Owner Requested Action: Amendment of an existing planned development. Location and Size: 14.07 acre parcel located along the east side of Riney Road, adjacent and south of Highway 77 and north of Windsor Drive at a point approximately 220 feet east of the intersection of Riney Road and Windsor Drive. Surrounding Land Use and Zoning: North - Single family] SF-160 A South - Single familyl SF-7, SF-10 East - Single family, vacant; A West - Single family, park, Y.M.C.A.; A L Denton Development Guide: Area is designated as low intensity. SPECIAL INFORMATION Transportation: The entire planned development has approximately 1,700 feet of frontage along Riney Road, an unimproved collector. The proposed church site has 471 feet of frontage along Riney Roads The developer must ci iicate appropriate right-of-way a ,ci provide pavement, curb: and gutter improvements to one-half of Riney Road. Access for the church lot must (Caste Z-1798) Page Two SPECIAL INFORMATION (Continued) comply with subdivision rules and regulations concerning width and spacing of driveways on collector streets. Utilities: Adequate electrical, telephone, and gas service is available for extensi)n to this site. There is a 16" watoar line in Riney Road on the west side of this tract and a 6" water line in Highway 77, There is an 8" sanitary sewer in highway 77 along the northern boundary of the planned development. Drainage: Drainage is a major consideration for the entire planned development. The approved plan can be designed satisfactorily if adequate green space and other on-site facilities are properly designed. Culverts will be required under Riney Road to carry water to the west. HISTORY The City Council denied a request for a change in zoning from the agricultural to they planned development classification for 118 r1ilti-family and 41 two-family units on this site in May of 1983. The City Council also denied a request for a change from aggricultural to planned development for single family housing (15 lots with a typical size of 80' x 1101), single family attached (townhomes - 56 units), and duplexes (13 lots with 26 units) in February of 1984. Considerable opposition from the Northridge community appeared to be a factor in the Council's decisions. In May of 1985, the City Council approved a request for a change from agricultural to planned development that permitted 31 single family detached lots (SF-7) and a three story 38,000 square foot retirement/recovery center. The Planning and Zoning Commission, on April 23, 1986, recommended approval of an amendment to a 5,8 portion of the planned development which eliminated twenty-two residential lots and replaced them with a church site. An error in the property owner notification process required a second public hearing before the Planning and Zoning Commission. (Case Z-17 9o) Paige Three ANALYSIS This property is located in a low intensity area The Denton Development Guide designates these low intensity areas as the primary residential areas of the city. Thirty-one (31) single family detached lots are provided in the approved planned development. If the amendment is approved, twenty-two (22) of these lots would be eliminated and replaced by a 5.8 acre church site. A comparison of traffic generation figures reveals that single family detached (SF-7) land use generates 47 trips per day per gross acre, while a church land use generates 85 trips per day per gross acre, while approval of the amendment would not violate the intensity standard, it would almost double the intensity for this tract. In addition to intensity, neighborhood input is the crucial issue in this request. The history section of this report reveals that neighborhood opposition was a determining factor in the two earlier zoning requests that were denied. After many months of meetings the developer and the neighborhood reached an acceptable compromise. Some neighborhood residents have asked if there is a limit on the number of times a neighborhood is expected to defend against zoning that is perceived as a potential detriment to the character of its area. A landowner or a prospective developer has the right to request a change in zoning so long as policies and procedures of the City of Denton are followed and permit them to do so. Another area of concern is the improvement of Riney Road guaranteed by the original planned development. The approved ordinance contains the following condition: "The developer shall dedicate appropriate right-of-way and provide necessary off-site street and drainage improvements along half of Riney Road from Windsor Drive to the beginning of the proposed new alignment of Riney Road. The developer will be required to pay the total cost for that section of Riney Road within the development. Existing Riney Road shall become a cul-de-sac at its northern terminus to prevent direct access onto Highway 77. Plans for installation of the cul-de-sac are required at the time of platting. Actual cul-de-sac must be installed when initial development occurs." At its public hearing on April 23, 1986, the Planning and Zoning Commission recommended that this condition as well as all conditions of the original ordinance be incorporated into the amended planned development. (Cash x•179a) Page Four RECOMMENDATION The Planning and Zoning Commission considered this item at its meeting of June 25, 1986 and voted to recommend approval of Z-1798 by a vote of 3-4 with the condition that all conditions of the original planned development will be incorporated into the amendment. ALTERNATIVES 1. Approve petition 2, Deny petition ATTACHMENTS 1. Location Map 2. Proposed Amended Site Plan 3. Approved Site Plan 4. Approved Planned Development Ordinance S. Reply Norm Totals 6, Property Owner List 7. Minutes of Planning and Zoning Commission meeting of June 25, 1986 01370 - mm- • r , i i LI ' I I arc , I \Lp I S,~ I I RINEY ROAD A w - H - - - PD-0 1'7% ~SOR Po- 86 GO ~r ( ! r fours w►tua/' X X . L` Z-04 t L"Alm fW NOTE L NMEIY YM O*Wn If %SWA M AW M.LOW" rtav Ac"" mw BLOCK 0 L. MAXIMUM WILDING rtoot WA IN LOT 4, %=A SHALL NOT CXCCED 11000 w PT. i LOT S - + t T r NIIAdI C TER 3~'IMOE alarm mhown ! I I / 1 A11M:1L 7GNE Z=1798 CAST flfE. LO) '4 / r a rllr,r.rv IW ' I ulfc us / r./ O p I ►JC>RTHIIfD6E "CIRNTJ I CALLED M.300 Aoki tm 1 WMtTT Or DCWM. T1E.TA1 'I vmr. 4•4011 I I i I I 11 I F 1 t ]MA. r. fr.,. f'r,EtM"'wl" I fr ~Rlialr , IrrAlac eevtlorn „!d AIWA ►LNA e~nsr~ f•I~•w eww ewe • arw. I ` r 1 tON[ _ Ii.ND ty", War- A-flfNINI AAWS Fps r • Mr' 13M ?I. lisp J~ . "IT .P. :A aP"} 'A 4-?f 'i... 9t 'f a.~~i :P •f,~:g ':^T Yi. Via.. { } Vew \ 1° OW(A ow Ile OLOCK i c~rirn rrrravtw~er ~ Ir. . P~ t[ . >r r t to ~ r u H N ~I k K r ~ I of N h p eL c a !t I ~ ~ ~ N a~ w 4 10 k D 0 ~a r r. J 1133 L N0. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, wS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1 AS AMENDED, twD AS SAID MAP APPLIES TO 14.06 ACRES OF LAND LOCATED ALONG THE EAST SIDE OF RINEY ROAD, ADJACENT AND SOUTH OF U. S. HIGHWAY 77, AND NORTH OF WINDSOR DRIVE, AT A POINT BEGINNING APPROXIMATELY 220 FEET EAST OF THE INTERSECTION OF RINEY ROAD AND WINDSOR DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICA- TION AND USE DESIGNATION TO PLA144ED DEVELOPMENT "PO" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A NAXIHUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; A7,D PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTUN, TEXAS, HEREBY ORDAINS: SECTION 1. That the zoning classification and use designation of the following described property, to-wit: TRACT 1: All that certain tract or parcel of land situated in the aise+nheimer Survey, Abstract 810, Denton County, Texas, being all of a certain tract described in a dead from C, C. Smitn, et ux, to hor4cio Pena, at al, on the 12to day of October, 1976, and recorded in Volume 808, Page 92U, decd Records of said County, and being more fully described as follows: bEGINNIN4 at the northeast corner of said Pena Tract at a steel On at a fence corner on the south boundary line of U. S. Highway ; THENCE south along and near a fence on t..e east boundary lice of said Pena Tract a distance of bO4.S3 feet to an iron pin at a fence corner at the northeast corner of a tract described in a dead from Cleora Parker to ;ielvin R. Dane an the 27th day of June, 1964 and recorded in Volume 511, Page 596, Dead kecords of DeRCJn County, Texas; THENCE south 89°17'08" west with the north boundary line of said Dane Tract a distance of 196.0 feet to an iron pin at a fence corner at the northwest corner of said Dane Tract; THENCE south 0°02'47" west witn the west boundary line of said Lane Tract Along and near a fence a distance of 318.5 feet to an Lron in in tno middle of Old Sanger Road ac the southwest corner of as d Dane Tract; T11LNCE south 87°40 26" west with the middle of Old Sanger Road a distance of 42,88 feet to a found iron pin ac the southeast corner of a tract described in a deed from Grady R. HcEuin, Jr., at ux to J. A. Miller and recorded in Volume 921, Page 4850 Deed decords; THE;+CE north 0°10'56" seat with the east boundary lino of said fuller Road a distance of 117.97 foot to a found iron pit, at the northeast corner of said Driller tract, THENCE south 69°53'45" west with the north boundary line of said Miller tract a distance of 1U9.96 teat to a fence corner past at the southeast corner of a tract described in a dead Rrom Patrick E., Parker and recorded in Volume 667, Pad* 5920 Deed Records of Denton County, Texas; :..TWO THENCE north 0'49110" west with a fence on the oast boundary line of said Parker Tract a distance of 98.26 poet; feet to s tense corner THENCE mouth 88 53'29" west with a fence on the north boundary line of said Parker tract a distance of 139.20 feet to an iron pin in the middle of diney Road; THENCE north 81°26'52" west with the middle of Riney Road a distance of 699.95 feet to an iran pin at an angle point in said road$ THENCE north 27°13'51" west with the middle of Riney Road a distance of 544.54 feet to an iron pin; THENCE north 48°17'27'+ east a distance of 24.73 feet to a found iron pin at the southwest corner of a tract described in a deed from Robert J. Moon, at ux to Charles Melvin Cunningham and recorded in Volume 632, page 217, Deed Records of Denton County, Texas; THENCE north 48°17'27" east with the southeast bounder line of said Cunningham Tract a distance of 174.94 feet to a hound iron pin at the southeast corner of said Cunningham Tract or, the south right-of-way of U. S. Highway 77; THENCE south 59°34'29" east with the south right-of-way of U. S. Highway 77 a distance of 251.25 feet to a found iron pin; THENCE south 58°50'46" east with the south boundary line ofsU, S. Highway 77 a distance of 454.97 feet to the point of beginning containing in all 14.0734 acres of land. TRACT II. BEGINNING at a steel pin in an old fence corner at the intersection of the east boundaryy line of Riney Road and the south boundary line of U. S. Highway 77; THENCE south 59°22147" east with the south right-of-way of U. S. Highway 77 a distance of 239.72 feet to a found iron pin at the northeast corner of a tract described in r dead from Robert J. Moon, at ux to Charlie Melvin Cunningham, at ux and recorded in Volume 632, Page 217, Deed Records of Denton County, Texas; THENCE south 47°09'33" west with the north boundary line of said Cunningham Tract a distance of 126.37 feet to a found steel pin at the northwest corner of said Cunningham Tract on the east boundary line of Riney !toad; AENCE north 28°38'43" west with the aast boundary line of Riney Road a distance of 237.04 feet to taw poiait of oeginning, containing in all 0.3333 acre of lands is hereby changed from Agricultural "A" District Classification and Use designation to Plane.ed Development "PD" District Classification and Use designation under the comprenensive zoning ordinance of the City of Denton, Texas. SECTIONI, That prior to issuance of any certiticrtd of occupancy for the use of any building within the planned development district, the following conditions shall be met: 1. The overall density level of the snore tract shall not exceed 7.9 units per acre. 2. The retiresent/recovery center shall be limited to 80 units. 3. The developer shall dedicate appropriate ri ht-of-way and provide necessary off-mice street and drainage provements in accordance with City of Denton requirements along half .of Riney !load from Windsor Drive to the beginning of the proposed Z-1730/ANA ROCCA PLM/PA" 2 new alignment of Riney Road, The devoloRine pna will be required to pay total cost for that section of y Road within the development (no city participation in oversizing). 4. All sLn is family detached lots shall be a minimum of 80000 square feet in sise. 5. A six foot solid wood fence shall be erected along the southern boundary of the retirement/recovery center tract. l 6. Care of alcoholic or narcotic patients is prohibited. 7. The use, of the building designated as "retirement/recovery cent~tr on the concept plan will be limited to providing lodging, meals, and nursing care for ill or elderly persons only. 8. If the single family dwellings are two-story, no windows on the second floor will face existing developed property. 9. The single family dwellings and retirement center shall be of masonry construction. 10. When the property is subdivided and developed, drainage will not be allowed to flow across the north line of the Dane property. 11. All J wellings snail be a minimum of 1,b00 square feet in site. 12. Existing Riney Road shall become a cul-de-sac at its northern terminus to prevent direct access onto Highway 77. Plane for installation of cul-de-sac are required at time of platting. Actual cul-de-sac must be installed wean initial development occurs. SECTI~ UH Iii. That the development of the property shall be in substantial compliance with the site plan attached hwreto and made a part hereof for all purposes. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to era Code of Ordinances of cne City of Denton, Texas under Ordinance No, 69.1, be, as amended, is hereby amended to snow such change in DLstrict Classification and Use subject to the aoove conditions and specifications. SECTION IV. That the City Council of the City of Uenton; Texas, hereby finds that such change is in accordance witn a comprehensive plan for the purpose of promoting the general welfare of the City of Uenton, Texas, and wLth ressonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and wLch a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit co the City of Denton, Texas, and its citizens. S CTION V. Any person who shall violate a provision of this ordinance, or tails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misde"anor punishable byy a fine nor exceeding One Thousand Dollars (;1,000.00). Each •uch person snail be doomed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance it committed, or continued, and upon conviction of any such violations such person shall be punished within the liaLts above. Z _AJ F3Tn _f3 F n r _ n l z:l S,*e.$Ft-0 3 SECTION V1. That this ordinance shall become •ffactive fourteen (14) days from the data of its passais, and the City Secretary is hereby dL- ructsd CO cause the captiion- of Chia ordinance to is twice in the Wnton days published RecordChronicle, the official newspaper of the City of Denton, Texas, within can (10) days of the date of its pass&$s. PASSED AND APP40V90 this the day of 1985. CIT OF D ON, TEXAS ATTEST. Xftytttf ?5 , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHO CITY ATTORNEY CITY OF DENTON, TEXAS 9Y: PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1798 (fox 7/1/86 p.h.) IN FAVOR IN OPPOSITION UNDECIDED Chiping Lee Toe C. Thomas 3100 Donna 700 Northridge Denton, TX 76201 Denton, TX Mr. & Mrs. Melvin Dane 620 West Windsor Denton, TX Gail Payne 624 Northridge Denton, TX L.O.&Naomi Maxwell 706 Northridge Denton, TX e 7 7711- PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1798 (61ilV4 IN FAVOR IN OPPOSITION UNDECIDED Chiping Lee Grady R. McEvin, Jr. 3100 Donna 1804 Linden Denton, TX Denton, TX Ralph Cordray L. 0. Maxwell 1509 Riney 706 Northridge Denton, TX Denton, TX E. Deats Headlee Joe C. Thotoas 418 Magnolia 700 Northridge Denton, TX Denton, TX Ana R. Pena Richard L. Riney 3415 N. Elm 1112 Linden Denton, TX Denton, TX i • Bill & Gail Payne 624 Northridge Denton, TX Leslie 1. Marshall 1122 Riney Road Denton, TX Gary L. Marshall Katherine Marshall 700 Windsor Denton, TX Mr.&Mrs. Melvin Dane Robert Dane 620 West Windsor Denton, TX 1 J T. r .n' 'U O 0 r J~ 7~1U 1,Jn?U~ ~ r , r i f r q.l~ 1' 1^ ~ 1 ✓ r r A . , r S n tr OPA oe, M ; Ir- i //j i O QG r - - - - - - - - - - - - ltl ,i 1 i ^I l 1 i c . i • ~r I r' t ~zuorr. - i 0 P Z Minutes June 2S, 1986 Page 2 A. Z-1798. Petition of Ana Rocco Pena requesting an amen-U-ment to an existing 14.OS7 acre planned development located on the east side of Riney Road adjacent and south FT of U.S. Highway 77 and north of Windsor Drive at a point approximately 220 feet east of the intersection of Riney Road and Windsor Drive. The current planned development permits the development of thirty one (31) single family dwellings and one retirement/recovery center. The pro- posed amendment would permit the development of a church on a 5.8 acre portion of the single family site. 'twenty-six notices were mailed to property owners within 2U0 feet; one reply form was received in favor, seven reply forms were received in opposition, one reply form was received undecided. PE'TIT'IUNER: Ana Pena stated that she was the sole owner of eight acres and has sold six acres of the original planned development to comply with all city requests and improvements. She said that this amendment is to change twenty-two single family lots into a six acre tract for church use. She said that all the neighbors within 200 feet are in compliance with the exception of two. She said that she was asked to cul-de-sac Riney Road. She said that after the preliminary plat was approved the road was named Rocco. She said that she dedicated the street to the city with the condition that she have the rights to name it. She added that the name did not appear on the zoning plans. She said that single family homes are not the 5est use for this property because there is no control over the drainage when the lots are sold off . She said that the Seventh Adventist Church would provide additional control over the drainage from the retirement center to Windsor Drive. She said that she has to sell in order to improve streets and drainage. She said that the church is a good neighbor and willing to comply with city. Greg Edwards, Metroplex Engineering Corporation, stated that he believes that this church use doesn't utilize the whole six acres and this use will be less traffic intense than the staff's figures. He said that this development will improve existing drainage problems in regards to the Dane's property. He said necessary public improvements can be made if this property is sold, Mr. Claiborne asked if detention is proposed on the property. Mr. Edwards said no. Mr. Claiborne asked how they proposed to handle the drainage. Mr. Edwards stated that it will be natural until it reaches the south and east property lines where it will be channelizea and then the drainage will run through underground p1pe to Windsor Drive. Q P Z Minutes June 25, 1986 Page 3 Mr. Meyer asked for the difference between this proposal and the last proposal submitted to the Planning and Zoning Commission. Mr. Edwards stated that they would like a condition to say that the north/south street that runs through the addition to be named Rocco Drive or Street. IN FAVOR: None present. OPPOSED: Eileen Lockhart, 610 Northridge, stated that the neighbors are concerned about the increased traffic, maintaining the character of their neighborhood, drainage problems, and institutionalization of the area. She said that the lots on 'Windsor were built up by the city when Windsor Drive was widened. She said that water from the north floods their property. She said that promises were made by a developer for improvements and that there is no indication that the improvements will ever be made. She asked if any other use could be accomodated on this property. Mr. Claiborne stated that a planned development required a site plan to be approved by the Planning and Zoning Commission and City Council. He said another public hearing would be conducted if changes are proposed to this site plan.. Mr. Holt asked if they have been involved with this project all the way. Ms. Lockhart said yes. Mr. Holt asked if they compromised for the small single family lots approved in the planned development. Ms. Lockhart said yes. Ralph Morrison, 716 Northridge, stated that he had a statement from Melvin Dane that said that the drainage ditch that is proposed is unsatisfactory and unacceptable if it is not concrete and Mr. Dane also wanted d,,-.finite information to what church use meant and requested that the neighborhood remain residential. Mr. Morrison stated that the neighborhood is very interested in this project in regards to their neighborhood and the drainage. Mr. Claiborne asked for an explanation of the opposition because at the last meeting there was concern but no opposition. Mr. Morrison stated that they were firmly convinced that this is not the end of the situation. He said that the neighborhood is opposed to the renaming of and the proposed cul-de-sac of Riney Road. Don Davis, 616 Northridge, stated that he lives beside the drainage culvert that goes across Windsor Drive and is very concerned about additional high water caused by this development. ;'~-f .P.:xa. M , 77 E P $ Z Minutes June ZS, 1986 Page R A member of the audience asked for those in opposition to stand. Approximately 15 people stood up. STAFF REPORT: Ms. Spivey explained the history of the tract and added that an error in the property owner notification process required a second public hearing before the Planning and Zoning Commission. She stated that this "operty is located in a low intensity area. She said tKat a comparison of traffic generation figures reveals that single family dotached (SP-7) land use i,en.erates 47 trips per day per gross acre, while a church land use generates 85 trips per day per gross acre. She said while approval of the amendment would not violate the intensity standard, it would almost double the intensity for the tract. She said in addition to intensity neighborhood input is the crucial issue in this request. She said that neighborhood residents have asked if there is a limit on the number of times a neighborhood is expected to defend against zoning that s perceived as a potential detriment to the character of its area. She added that several meetings have been held and the neighbors reached a con romise on the single family lots. She said another area o concern is the improvement of Riney Road guaranteed by the original planned development. She said at its public hearing on April 23, 1986, the Planning and Zoning Commission recommended that the „ondition for the improvements to Riney Road as wall as all conditions of the original ordinance be incorporated into the amende planned development. Mr. Claiborne asked for the kind of channel. Mr. Clark stated that concrete is preferred but that all of the details would be worked out at final platting stage. Mr. Meyer asked for clarification on the street name change if this request is approved. Ms. Spivey stated that the street name change would have to be recommended by the Historic Landmark Commission, the Planning and Zoning Commission, and approved by the City Council. Mr. Juren stated that drainage discussion should be at the time of final platting stages instead of at zoning. Ms. Spivey stated that drainage is certainly a consideration in this case because of condition in orginial planned development in regards to the Danes property. Mr. Juren asked if staff had a recommendation. Ms. Spivey stated that staff had no particular objections as long as the orginial conditions are retained. REBUTTAL: Mr. 8dward,4 stated that traffic would be less intense ebecause not all of the tract is being utilized. He said that the drainage will be improved and maintained I 771 P b Z Minutes f June 25, 1986 Page 5 in accordance with the subdivision regulations and the conditions. He said that they will do either a concrete .,c earth channel, whatever is required. Mr. Claiborne asked about rumors of other uses on this property. Mr. Edwards stated that the church may want to expand at a later date. He said that they can only add one more acre of use and be less drainage intense than the single family use. Chair declared public hearing closed. DECISION: Mr. Claiborne said that ti:e drainage situation warrants increased protection for the neighbors. He said that the argument about institutions in the area had merit. He said that at the "last public hearing the neighbors were not opposed. He moved to recommend approval of Z-1798 with the conditions in the on inal planned development and added that any drainage channels erected along the south and east property lines be of concrete construction. Seconded by Mr. Juren. Mr. Holt stated that neighborhood opinion was very important. He said that the people in the neighborhood would like to see single family and compromised for the single family. He said that this is the fourth time for this proposal and that the people have to keep coming back and fighting for their neighborhood. He said people purchase homes with the expectation of stability. He said that he would have to vote against and added that he had no problem with the church use but that they would never really know what would eventually be put on the property. Vote was called and motion carried (3-1). Mr. Holt voted no. 1 r iyy. rTr..T'sr 7':7-1T`- `M r ( Ya1 . 'r . Ate' M 14391,, • N0. AN ORDINANCE APPROVING AN AMENDED SITE PLAN FOR THE PLANNED DEWELOP91NT DISTRICT ESTABLISHED BY ORDINANCE NO. 8S-16S AS SAID SITE PLAN APPLIES TO 14.OS7 ACRES OF LARD LOCATEn ALONG THE EAST SIDE OF RINEY ROAD, ADJACENT TO AND SOUTH OF U. S. HIGHWAY 77, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHURCH . SITE ON 5.9 ACRES OF LAND WITHIN THE DISTRICT; PROVIDING FOR A PENALTY IN THE AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HERHBY ORDAINS: SECTION I. That Ordinance No. SS-16S, approved August 20, 198S. providin for the establishment of a planned development district for 14,0SI acres of land, being more particularly described in Exhibit A Attached hereto and incorporated herein by reference, Is amended by adopting a revised site plan therefor, attached hereto as Exhibit B and incorporated herein by reference, so th%t the deve- lopment and use of the property shall be subject to the revised site Platt. SECTION II. That a copy of this ordinance shall be attached to Ordinance No. SS-16S, showing the amendment herein made, SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding one Thousand Dollars ($1,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violt:'.ion of this ordinance is committed, or continued, and upon conviction of any such violatio-:s such person shall be punished within the limits above, SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secrt.ary 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 dry of 1986. CITY OF DENTON, TEXAS ATTEST: `Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY; ' 71 iR7C1111ZT A Al All that certain tract or parcel of land situated in the N.H. Mnisemheiosr Survey, Abstract Number 810, Denton County, Texas, :,etng all of a certain tr~sat described in a deed from C.C, Smith, At us to Horatio Peme, at e1 on the 12th day of October 1976, mad recorded in Volume 808, Pego 920, Dead Records of Denton County, and being more fully described as followst Beginning at the northeast corner of seta Pa" tract at a steal pin at a fonts corner on the south boundary line of U.S. Highway 771 Thence South along and near a fence oa the east boundary line of said Pena tract a distance of 804,83 feet to an iron pia at a fence corner at the northeast corner of a tract described in a deed froe Cleora ` Parker to Melvin R. Dane on the 27th day of Juno 1%4, and recorded in Volume 511, pals 596, Dad Records of Denton County, Texast Thence South 89 degrees 17 minutes 08 seconds Wee,: with the north boundary line of said Deno tract a distance of 1%.0 feet to an iron pin at a fence corner at the northwest corner of said Dow tracti Thence South 00 degrees OS minutes 51 seconds East with the west 'oundsry line of said Dane tract along and near a fence a distsaco of 299,12 feet to on iron pin on the north boundary lino of Old Sensor Rcadt Thence South 89 dalress 04 minutes 38 seconds West a dtstaaco of 43,36 foot to a found iron pia on the southeast corner of the Peas tract so described in a deed from A.R. Pena, Donald Bailey and wife, S:1vis Bailey to the city of Denton, Texas and recorded in Volume 11790 page 64 on th•, 19th day of November 1982, Dead Records of Denton County, Texsst Thence North 00 degrees 04 minutes 44 *condo East a distance of 97434 feet to a found n pin at the northo*st corner deed fron Grady R. MCEvinJr. Atux toJ.A.Miller and recorded in Volume 921, page 465, Deed Records o' Denton County, Texasl Thence South 89 degrees 53 minutes 44 seconds west with the north boundary lino of said Hille: tract a distance of 109,96 feet to a fonee corner post At thh southeast corner of a tract described in a deed from Patrick E. Parker and recorded in Volume 667, page 592, Deed Records of Denton County, Teasel Thence North 00 degrees 49 minutes W seconds West with 3 fence on the east boundary line of said Parker tract a distance of 98.28 feet to a fence corner post$ Thence South 88 degrees 53 minutes 29 seconds West with a fence on the north boundary line of said Parker tract a distance of 139.20 feet to an iron pin in the middle -f Riney Roads Thence North 01 degrees 26 minutes 52 soconde West with the middle of Riney Road a distance of 659,93 foot to an iron pin at an angle point in said roads Thence North 27 degrees 13 minutes 51 seconds West with the middle of Riney Road a distance of 544.54 feet to an iron pia Thence North 48 degrees 17 minutes 30 seconds East a distance of 24.73 foot to a found iron pin at the southwest corner of a tract described in a deed from Robert J, Moan, at ux, to Charles Melvin Cunningham and recorded in Volume 6320 Pale 2179 Deed Records of Denton County, Taxes; ".'hence North 48 degrees 17 minutes 30 seconds East with the southeast boundary line of said Cunningham tract a distance of 174.94 rest to a found iron pin at the southeast corner of said Cunningham tract on the south right-of-way of U.S, Highway 77; Thence South 59 degrees 34 minutes 29 seconds Past with the south right-Of-way of U,S. Highway 77 a distance of 231.23 fat to a found iron pin$ Thence South 58 dogreos 50 minutes 46 seconds East with the south boundary line of U.S, Highway 77 a distance of 454.97 foot to the Point of %sinning and containing in all 14.057 Acres of lead. Z-1798 9 a':J rnl/ rrl• aA► all r►s / / • , A 1 ' N~N✓ ~ / y` IfUt~IW ~ 7ralt lrAfAl h Ala ~ 1 / af. 1 ~ ~~at~0y tyt A~ffM ! Olllllla IYKMW fl~La0ra0R11A t[A IM ! HE• of 4. Sam A Imw MW [Kola Of I r` tfM1R al" f""m aKlAew EO , A I a 'AAAA I A f / i r f E Wf I M rllrrw ti f J 1 I OAUM m No Age" w"Wedim skim" A. w ur. rw I ~ I r /mock r...•.,« j f I, 1 I ~ ✓ ~7 _ • rr Irwrw A~,r rwrw J AMMA MOM d* 7 M t*A'rlaalYw 1 _ _ ~'~lw-!~~` +w: wr.Mwrr ararna walR r . NA' NfA/M 8040 . 3'4r F, . rte. f l DNS: 07/01/" CITY iCIL REPORT MEMO TO: Mayor and Members of the City Council PROM: Loyd Harrell, City Manager SUBJECT: PUBLIC HEARING FOR ZONING CASE 2-1802 RECOMMENDATION: The Planning and Zoning commission considered this item at its meeting of May 28, 1986 and voted to recommend approval of 2-1.802 with conditions by a vote of 5-le SUMMARYs This is a request for approval of a 2.8 general retail section of planned development (PD-8) located at the northeast corner of U.S. Highway 77 and Fallmeadow Street. AGROUND: The proposed development is consistent with or exceeds Zoning Ordinance requirements. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the general fund. Res illy s tted: Llo d Harrell Prepared by: City Manager bill, nt .~a uw, Denise Sp ve Urban Planner Appr Jeff May Director of Planning and Development 0206k ' ' °'S^ r'3' • a ,,pr v ;y_ .:Rw C g3S s ;fy r 'nA: ra, r, ro , i f . 1 I' I~RG 11 31 4~tlMIi4G cowl $Ott o RSCONNSNDATION TO THE CITY COUNCIL To: Denton city council Case No.: Z-1802 Meeting Date: July 1, 1986 GENERAL INFORMATION Applicant: Edward Podoba, Janusz Podoba, and Elizabeth Podoba 10400 N. Central Expressway Suite 105 Dallas, Texas 75231, Status of Applicant: Owners Requested Action: Approval of the detailed site plan for a 2.8 acre general retail tract in planned development (PD-8). Location and Size: A 2.8 acre tract located at the northeast corner of U.S. Highway 77 and Fallmeadow Street. Surrounding Land Use and Zoning: North - Multi-family; t>D-8 1 South - Vacant] A 1 East - Church; MF-R West - Multi-family; PD-8 Denton Development Guide: Low intensity area, SPECIAL INFORMATION Transportation: The property has frontage on U.S. Highway 77, a primary major arterial, and Fallmeadow, a residential street. Driveways, internal circulation, stacking, etc. have been designed to comply with the Subdivision Regulations. Two driveways on Highway 77 may be permitted for safe access to the proposed gasoline pump island. Rear access is to be one way west to east. Sidewalks will be required along Highway 77 and Fallmeadow Stre~9t. z.'. .1C r. + ;a r Came Z-1802) page Two SPECIAL INFORMATION (continued) Utilities; Water lines in the area are insufficient in size to supply adequate fire flow of 1,500 gallons per minute. A 12" water line shall be extended from the existing 16" water line on Riney Road to the development. There is sufficient sanitary sewer capacity for this project if the office/retail use has a limited number of toilets. Electric, gas, and telephone service is available to the .site, Drainage: The developers have desit.aed the site plan to accommodate draiinage flow on the property but culverts will need to be sized on Highway 77. HISTORY A 30 acre tract at this location was annexed and designated planned development on October 13, 1970. On October b, 19710 a second ordinance waa passed providing conditions and an amended general plan. Tne approved planned development ;permits general retail, apartment,, and townhouse land uses. ANALYSIS When PD-8 was approved in 1970, only general land uses or types were approved. The Planning and Zoning Commission and the City Council must approve specific site plans for each proposed development before building permits may be issued. The following is an analysis of the proposed site plan for the 2.8 acre site located at the northeast corner of U.S. Highway 77 and Fallmeadow Street: 1. Land Use - Any land use permitted in the general retail classification of the zoning ordinance may be developed on this tract. Proposed uses for the site of professional offices, strip retail center, convenience store, and gasoline sales are permitted in a general retail zoning district. I t (case O-1V02) page three ANALYSIS (continued) 2. Setbacks - Building line or setback locations shown for the building and gasoline pump island are consistent with City of Denton Zoning Ordinance requirements. 3. Lot Coverage - Proposed lot coverage is consistent with zoning ordinance requirements which permit a 2:1 floor area ratio in the general retail district. 4. Parking - The zoning ordinance standard of one space for each 200 square feet of floor area results in a requirement of 125 spaces for this prejeet and 140 spaces are provided. 5. Signage - Sit: and height of sign are consistent with City of Denton Sign Ordinance requirements! however, setback does not comply with city regulations and should be relocated to do so. 6. Height - Proposed height of 25 feet is consistent with city ordinances which s ecify a three story height limit in general retail districts. 7. Landscapy:sg - The developers are proposing to landscape 51600 squk,e feet of the property which is consistent with the Parks and Recreation Department recommendation that a minimum of 20% of the Area of a project should be landscaped. 8. Screening - A six foot fence of stucco or concrete panels is proposed along the north and east property lines of the development. 9. Access - The developers have designed driveways, internal circulation, and stacking area to comply with city Subdivision Regulations. Driveways are permitted on primary major arterials, only if certain traffic volumes are reached or a competent traffic study justifies the necessity of such access points. If a gasoline pump island is approved as a permitted use, two driveways would be necessary on Highway 77 for safe access. RECOMMENDATION r The Planning and Zoning Commission considered this item at its meeting of May 28, 1986 and voted to recommend approval of Z-1802 by a vote of 5-1 with the following conditions: (Caa* 8-1802) Page Pour RECOMMENDATION (continued) 1. Sidewalks shall be located along U.S. Highway 77 and Fallmeadow Street. 2. Electric service for the development shall be underground. 3. Sign setback should conform to City of Denton Sign Ordinance. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS 1. Location Map 2. Detailed Site Plan 3. PD-8 Concept Plan 4. Reply Form totals 5. Property Owner List 6. Minutes of Planning and Zoning Commission meeting of May 28, 1986 0167k LEGEND , n A AGRICULTURAL DISTRICT rS `!/•N C1411-FAMILY OWEL41NG DISTRICT ' !/•'0 ONE-FAMILY DWELLING DISTRICT S/•7'. N•7 ONE 'FAMILY DWtLLING DIlTRICT '4 ! tR TWC -FAMILY DWCLLINO CrST PICO !M/•Il MI•I MULTIFAMILY :WELL! 40 715 TRICT ,Nw IM/•2 MULTI-FAMILY OWELLINO OIS7RICT•Q y U UNIVERSI`Y DISTRIf;T ► F ►ARNING DISTRICT t C CS.'ICt DfSTRICT YS NEIONGORHOCD SERVICE DISTRICT rt+' OR GENERAL RETAIL DISTRICT L COMMERICAL DISTRICT L I Cl Cl CENTRAL IVSLNES! DISTRICT LI LI LIGHT INDVS.TRIA: DISTRICT NI >d HEAVY INDUSTRIAL DISTRICT r FO PLANNED DEVELO MENT CISTRICT ! INDICATES SPECIFIC JSE PtRMIT ti ~ i ' f I G~ 'B02, 16, F-7-1 I ~ h t 1 I PO• cD n. I I a i i ` 1 ' , ,yam , ~ ~r-.•.».w.... ~ _ '-'II7!7r.T•'-~.~..~i ~ ` 14 2F~- I , 11 r 11 rAl, i f ~w ........a,... ..r eaw~a :IYY::.at..l. _...f.~... ..Ll... _ _ _ it.mn .w ~ R w ~•r.vw ~ rwnu fry yw M~+n[I . ra'~ •s ur~~ w~ l r nn✓ w ti r T Mew ~40 ~,•r mum I Mw.<+.ow u~+~ ~ .a• w~.■IwwAw r+ bwb r w lrN • .girl - N ~q.~~ _ _.ti •w. ~ sum 1 1 ~ ~ ~r r• .mow ~IIFY M~ ~Y•-- I I - lu ~xr_:,hrrrr rs'll.~r ~ ~ { Ht t; tl;i alroc n. .~,N a•. ~.NE .rM~.* Aw I.iNMM.MM~~ ~.R ED I ZZ I. I I~/ ` Wul I ~k1~ ~ III JAN S 7 fow{~ Home! I «W r p .C. __.1 ••f I-ulure 1 rr~~ ,1 ,..u f / I YJ I~ Sf)a . W yfI FALLMEAOOW STRFET I oy ~f/J r l+ rl 1' 1 ' i yLl J'i r"1 1~I r.~..,.,, I It 14,1 LJ "It J l/ &a too G vl I Ff f I ~r ill Ll L-J II Port ra 11 r Future f 6f« •w fI a b M r r n F _ .f APorlm~nls f ~ fF'ro{rased Ayae lmonl► 34 a I - ~ - D.I , J ( w 01 V11N14 / 3dL 3t nu;Kifk ~„lil"L r 1YeQ,. f~ QCKJ. SINU.nIE..~I. .ub1S_4f~.:ltACK.2 i!lll. _ S~LIL3. .l+N1T_.OME -_.illJC!S..}. ,LMLt TWQ .Bl.t}C~itifrA_ .yy "J MN h ti Nu..u I.{wrv f 1 Mr 5 Ne• 11 a. p.. M. lIf Ml u•r P. Its . fwf a e YY, ..I Nx• 1. 4n I. uy,, . Iq W~ IM N.. b.ui. 1 M.IId 1. ~ .ii: It' ya'I PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1802 IN FAVOR IN OPPOSITION UNDECIDED Garry L. Quinn None Received Sunbelt Investments 1021 S. Main, Ste 105 Grapevine, TX Dale Irwin 419 South Carroll Denton, TX F r 17 A?' r Avg l ~ rill TOA I 1/j G 1. Ugauk s r !'(l J IA h, I Ion I/ A~, 1166161 r ~ ~L. 107 ' ea U r ~ / f 1 I Minutes Planning and Zoning Commission May 28, 1986 The regular meeting of the Planning and Zoning Commission of the City of Uenton, 'T'exas was neld on Wednesday, May 18, 1980, at 7:00 p.m,, in the Council Chamber of the H unieipai building, Present: Hill Claiborne, Ruby Cole, R. B, Escue, Jr„ Judd Holt, Gary Juren and Tom Pearson Absent; Puiine Brock Present from Staff: David Ellison, Senior Planner; Uenise Spivey, Ass►stantnCity Attorney; Dav, IlamanAsnYstanc Dltectcririof Utilities; Jerry C1arK, City Engineer; Chris Smith, Administrative Assistant; and Susan Mitchell, Secretary 1. MINNurbS A. It was moved by Mr. Escue, seconded by Ms. Cole and carried (5.0) to approve the minutes of joint meeting of Planning and Zoning Commission and Public Utilities board of April 2, 1981. Ar. Holt abstained. 8, It was moved by hr. 8scue, seconded by Mr. Claiborne and carried (5-U) to approve the minutes of work session of Planning and Zoning Commission oe May 7, 1986. Mr, Holt abstained. il, CONSENT AGBNUA: It was moved by Mr, 8scue, seconded by R `go`ld an nanlmously carried (6.0) to approve the consent agenda as follows: Approval of preliminary plat of the South Denton Industrial Park Addition, Lot 1, Block 1. III. PUBLIC HEARINGS A. r-1802, Petition of Edward Pudoba, Janusz Podoba, and b za eth Podobs requesting approval of a site plan for a 2,8 acre tract located at the northeast corner of U.S. Highway 77 and Pallmeadow Street, I'l;e property is mure particularly described as Unit One, Block Une, of the Dentin North Addition. The property is zoned planned development (PU-8) for general retail land use. If approved, the site plan will permit the development of a 25,10u square foot retail center, Sixteen notices were mailed to property owners within 200 feet; three reply forms were received in favor, no reply forms were received in opposition, Pl14'Il'iom Edward Podoba stated that they intended to bQ113 1 ~27,000 square foot shopping center in three phases, He said that Phase I would start at the corner of mall Meadow and U.S. Highway 77, He sold that In addition to the general retail in Phase 1, there will, be professional offices In Phases II and Ill, tie said that the building design and materials will bls•,a with the surrounding struc- tures. Hd sold that landsgqc:;)ii,g is very important and that they hive reviewedotheaatiff repnrtaandsigree wite itowith the exception of the sidewalks and tho deletion of the southernmost curb cut, He said that they did not under- stand the underground electrical service condition because the electric service is at the back of the building, P 4 Z Minutes may lb, lv~b Page l N FAVOR: Uale Irwin stated that he has been involved in this area for sixteen years along with two other gentlemen, He said that t'ais is the last phase of the planned develop. ment project, He said tnat there is a sixteen foot utility easement in the back of the proposed uullding that serves the Denton North Apartments and should service tnis project also, He said that this is a very professional project that will be well done. Cresha Samford Herron, Property Management Association, stated that they lease residences in this area. She said that there is currently no neighborhood service in this area and the project will provide a needed service. Mr. Pearson asked about the number of units in this area. M Mr, Irwin said s. Herron said approximately DUO units in the whole area. area, He addedatthatxthetwes 100 proposed project osedi eis duplex and the east side is apartments, OPPOSED; None prosent. STAFF REPORT: As. Spivey stated that a 3U acre tract at rF"ri.3Tncirron was annexed and designated planned develop- ordinancecwasepassedlproviding October o, L 971i an amended site plan. The planned development permits general re- tail, apartment, and townhouse land uses. The Planning and Zoning Commissign and the City t;ouncil must a prove a detailed site plan for each proposed development Before building permits may be Issued. She said that overall, howeVor, staftiis concernedmeets aboutxaccesscity the proporty, Two curb cuts should be permitted on U,S. Highway 77 only if a gasoline pump island is an approved land use and the southernmost curb cut on rallmeadow Street should be eliminated for traffic safety reasons, Staff recommends approval of Z-IdU3 with conditions, Mr. Claiborne asked about the closing of she of the pro- posed curb cuts on Fallmeadow Street. Ms, Spivey state' that there is already a heavy traffic flow that exists it the intersection, She said that it was felt after review by the City Engineer that one curb cut would be sufficient In this location. mr, Pearson asked if the curb cut is closed, could the other curb cut be widened, Mr. Clark said to thirty feet with a ZU foot radius. Mr, Holt asked about the sidewalks, Ns. Carson stated that the reason staff recommended sidewalks on Highway 77 is for pedestrian safety, REBUTTAL; Mr, Podoba stated that a sidewalx could be accom'oTted on Follmeadow but that there is no reason for a sidewalk on Highway 77 because there are no other side- walks existing in thi area, me said that if they elimi- nated the cur cur and widened the other )no, they would be creating a monste, entrance. He said that they think two entrances are safe and they will designate delivery entrance with a sign, Mr, Claiborne asked about restricting the southernmost curb cut to ingress only. qtr, Padoba stated that he believed the less time spent in the parking lot the better. He said that they would designate the delivery entrance with a sign. He added that he believed there is a need for both curb cuts on Fallneadow Street. N 6 L Minutes May 28, lvga Page Mr. Claiborne stated taut a s;uru cut 7U iaet froiu an Intersection witl allow a three car stack up, He said that less traffic problems occur with an ingress only. ,4r. Podoba stated that if a circle is created througn a parking lot it would be dangerous, Chair declared public hearing closed. UELISIUN: Mr. Juren moved to recommend approval of Z-18U1 wrF'1i"WW two curb cuts on Fallmeadow Street and the following conditions; 1, Sidewalks shall be located along U.S. Highway 77 and Fallmvadow Street, Electric service for the development shall be underground. 3. Sign should conform to City of Denton Sign ordinance. Seconded by Mr, Pearson. Mr. Claiborne amended the motion to restrict the southern- most curb cut on FaIlmeadow Street to ingress only. Seconded by Mr. Sscue. Mr. Morris stated that there is problem in enforcing ingress only because the city ca.inot regulate private property. He said that the city can make them post sign to discourage egress but cannot enforce the condition. Mr, Juren stated that the winimum standard ter a curb cut from an Intersection is 4U feet and that the developer has almost doubled the standard, Vote was called on the amendment: Aye - Claiborne, hscue Nay - Cole, Holt, Juren, Pearson Motion failed (2-4). Holt asked why Mr. Pearson stated thRtfthe sidewalks will is requiring tna Sidewalks'? built in the future and the city will and up paying for them, Mr. Claiborne stated that he felt the curb cut needed restriction and thch he could not favor the regoast. Vote was tailed on original motion: Aye - Cole, fiscue, Holt, Juren, Pearson Nay • Claiborne Motion carried (5-1). S. Z.1$07. Petition of Hammett b Nash, Inc,, representing requesting a lightgIndustrial a(LI) district on a IU,S4 acre tract located on the south side of East Mcxinney Street (FM 4Zo) approximately 300 feet west of Bellaire Street, The property is further de- s 1442 cribed as a tract In the M. roachum Survey, Abstract inay be utilized£foreanygppuurpose permitted property m district by the Clty of Denton Zoning Ordinance. Fifteen notices were mailed to property owners within 40tl feet; five reply forms were received in favor, one reply were receirecvedeiivendfiayneorpfositionj personsdnotyon wiilinyolists. NO, AN ORDINANCE APPROVING A PLANNED DDVELOPMENT DETAILED FLAN FOR 2,8 ACRES OF LAND LOCATED AT THE NORT14BAST CORNER OF U, S. HIGHWAY 77 AND FALLMEADOW STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF'; AND PROVID- ING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS. SECTION I. That there is hereby proved far that planned development district created by ordinance No, 70.53, a detailed plan, attached hereto as Exhibit "A" and incorporated herein by reference, for 2.8 acres of land within said district, said land being described in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 11. That the 2,8 acres herein described shall be developed and used In accordance with the detailed plan approved herein, subject to the following conditionsi 1. Land uses permitted shall be those uses listed in article 7, subsection H, of the schedule of uses of Appendix B-Zoning of the Code of ordinances, 2, Sidewalks shall be constructed, in accordance with City standards, along Failmeadow Street and U. S. Highway 77 within the area covered by the detailed plan. 3. All electric distribution lines within the area of the detailed plan shall be located underground, in accordance with City standards, 4, All signs shall be subject to the regulations applicable to non-residential zoning districts as provided for by Appendix B-Zoning, as amended, of the Code of Ordinances, SECTION III. That a copy of this ordinance shall be attached to Ordinance No, 70-S3, showing the approved plan and use for the property herein described. SECTION IV, Any person pa to o cosply shall therwith at or a with any offtheirequirements or fails thereof, or of a permit or certificate issued thereunder, shall be guilty of a Aisdemeanor puiilshable by a fine not "exceeding One Thousand Dollars Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such viola- tions such person shall be punished within the limits above, 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 data of its passage, PASSEL) AND APPROVED this the day of 1986. RAY STEPHS9, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLaN CITY SECRETARY CITY OF DENTON,tTEXAS APPROVED AS TO LEGAL POW DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: v • 1'Y~ uti~. Z-1802 nY / 11l rMia lcwl• a MYL.N Iw.PAM /rd alm h..q.N WM ry • ~MMP~~PAN 1 ~.1 I.,1 , Nww ~r Pea hN JN'+ + N 04 Pol rrNw 1 ..,..1. ~•1 rJl »r 1~ rN iR„ ~ 1 M ~ _.•1 lgllad..04 r r w.1„ rf irW~p , mmwq- . . _ ._..._u1 hw a11xAN IMw•~!~.....~~... l 11~f 1 :~10 NI.AI.I LNG ^1 brY 1. 1y1wN PAM. /1~/ 1/1At 45 1. AId,W;U 1\P4 Per/.fd Iy~/ rW A r /1 1 J[ ~L 111111 !r M n All M I r._um . EXHIBIT "B„ r, r . FIRI,D NOTES All that certain lot, tract or parcel Of lend situatod in the 318.31 and C.R.R. Company Survey, Abstract 186, City and County of Denton. Texas sod being Unit One, Block One of Denton !forth Addition to said citys at reewdM• in Vol+,ne It pa a 11, net Records, Denton County, Texas and beint more particularly described as lollowss ' BMINNING At a Steel pin found for the Southwest corner of snid Unfit One, Mock One at the intataection of the East right-of-way of Foll.*4dov Street with the Sorth tot-of-way of U. 3. Highway 77, Business Route; T?i':,1C8 ioorth 01 degree V) minutes East with the east right-of-way of 4 rallweaduw Arnot n distance of 233.36 feat to on "X" cut in the r concrete drive for the rNorthveat corner of so44 lot: a TIIE!IC': South 54 da,iroes 59 nlnutu" 39 seconds 'Rost vith the 3orth line of snid lot j distAncu of 502.10 feat to a stain pin found for the Northaaat corner of nnld lot: 11:F:71' South 32 do;,ro4v 18 minutes 54 neeonds % st vit.s the cyst lino of snid lot a distance of 232,50 foot to a stuel pin found for the Southea"t cnrour of nold lot. said Southeast corner is of the Aarth right-of-wuy of i% 3. !Iigh:ray 771 riwllc" !forth 57 de;;roas 00 -ninutos Wout with said 'forth right-),S-wuy ,n dicanco of 5to).30 feet to thu Southvaa,t corner of gaiJ lot and the Point of Beginninq rind containing in All 100.141 squors leaf, The underSir;ned dues horoby certify to Dale trwia C;;lt t'ia plat heruon is hused nn an jcmil sorvay mado an the grouoJ axy It. and that it in a trtue, enrruct and accurate represartuti,n of .r:~, )colrart/ its yurveyudl tirst thoro aro no vlsille and aponront :vesir : o'4 v::eulrt as shown on snid plat; that the quuntlty o8 lump .i,orvj o '+as !,one accurately calculated: and that Bald prolarty lion a, "un t :.o ;n ruoklway unless otharwisu noted. This plot and field notes were prepared for Oie 4' xclunivi usu of 0o pernon, parson" or entities nomad in the moove cartificata, ?aid cortificnto dues riot )Stand to any unnnmod person vicioiit an ax pro"!r roeartification by the aurvuyor namin3 said onrson. Z-1802 DAT:: 07/0184 CLU COUNCIL REPORT Form TOl Mayor and Members of the City Council PROM: Lloyd Harrell, City Manager BUBJ90T: Z-1804 PUBLIC HIARINO AND ADOPTION OF ORDIVANCK $C, ATIONt Planning and Zoning rosssission recomsnds approval. JUHMAgY: A 29.62 sore treat located east of Mayhill Road and north of Poster Road of which 11.137 acres is requested to be soned light industrial. BACKOROJNDI The property is located adjacent to the Wastewater Treatment Plant which has a specific use permit (S»1?3), The City traded property with Mr. Pinnell earlier this year. Approximately 18 sores of the entire tract is toned light industrial, PNOMM,_DIPARTMBNTS OR ORQVPS ArrICTID; Six (C) property owners were notified. F gAL IKPA,CT t No impact can be determined at this time. i Roo Jit at ly s ttedi MAO, Llo Harrell Prepared byt city Manager ( of C4, Cecil* Carson Urban Planner ,Appr Jeff May Director of Planning and Development 18126 PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case NO.: Z-1804 Meeting Date: July 1, 1986 GENERAL INFORMATION Applicant: A. Ben Pinnell, Jr. Rt. 3, Box 135 Denton, Texas 76201 Status of Applicant: Owner Requested Action; A change in zoning from the agricultural (A) district to the light industrial (LI) district on an 11.437 acre tract and removal of a specific use permit (6-173) on remaining portion of a 29.62 acre tract. Location and Size: The property is located east of Mayhill Road and north of Foster Road and is shown in the Gideon Walker Survey, Abstract 1330. Surrounding Land Use and Zoning: North - Agricultural (A)1 vacant South - Agricultural (A); vacant East - Light industrials S-1731 City of Denton Wastewater Treatment Plant West - Agricultural (A)s vacantl residential Denton Development Guide: Outside original boundaries of Development Guide= Low intensity area SPECIAL INFORMATION Drainage: No detention is required if drainage is routed to Pecan Creek. The tract is located at the top of a hill and drainage access must be to Pecan Creek. Page Two SPECIAL INFORMATION (Continued) Transportation: Mayhill Road will require perimeter paving. Mayhill Road is designated as a secondary major arterial with 80' of right-of-way with 40' from center line. Per swteg::p*W4aj~~on. Foster Road and Sewer Plant Road of 41' to 45' of pavement will be required. Both Foster Road anti Sewer Plant Road arc considered collector streets with 60' of right-of-way. Sidewalks will be required on one side of all collector or larger streets. Utilities: A fire flow test will be necessary to determine if 3,000 g.p.m, fire flow is available. If fire flow is not adequate, a water line may need to be extended from Loop 288. The nearest sanitary sewer line is several thousand feet to the east of this site and must be extended across the property frontage. HISTORY In 1983, the City of Den~rn approved light industrial zoning and a specific use permit for the Wastewater Treatment Plant, The City requested the zoning and specific use permit on 235.96 acres, but the City recently agreed to sell a tract of this property that was not being used as part of the plant, ANALYSIS f The property is located in a low Ar,tensity area adjacent tc the Triangle Mall high intensity aret;. The Development Guide states on page 53 that, *The area within 2,500 feet of the Wastewater Treatment Plant will be utilized for industrial purposes, preferably industries that could uti.ize the effluent from the Plant..." ILI, ! ~C1ts• ~-1$0~? Page Three ANALYSIS (Continued) The tract of property abutting Mayhill Road is zoned light industrial and can be used for any purpose permitted in that district. The additional section of property for which light industrial zoning is requested would be consistent with the surrounding zoning. The request does not violate any Development Guide policies. RECOMMENDATION Staff recommends approval of Z-1.804. ALTERNATIVES 1. Approve petition 2. Deny petitior. ATTACHMENTS 14 Location Map 2, ordinance Number 83-94 3. Ordinance Number 83-95 4. Reply Form Totcl 5. Mailing List 6. Minutes of the Plaun~.ng and zoning Commission meeting of May 27, 1986. 1345s LI PD 41 . f L! LI Z4ft r~ ~l f To Landfill sea I~ I S-173 ( s-100 L I 00 04 'o 10 4 10 00 40 70 RD. _ T• I • ~ ! i LI S47 PD-92 ' PO 91 4dL { AN ORDINANCE AMENDING THE ZONING MAP OF THB CITY OF DENTON, TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES Of THE CITY OF DENTON, TEXAS, BY ORDINANCE N0. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 235.96 ACRES OF LAND OUT OF THE G. WALKER SURVEY ABSTRACT N0. 1330, DENTON COUNTY, TEXAS- AND MORE PARTI- CULARLi DBSCRIBSD HEREIN; AND DECLARING AN BFFECTiVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HDREBY ORDAINS: SECTION 1. The Zoning Classification and Use designation of the following described property, to-wit: BEGINNING at a stake at the southeast corner of a 40,93 acre tract, conveyed by W,L. Henson and Jewel C, Henson to Wm. T. Byers October 7, 1924; THENCE west with the south line of the tract a distance of 695.00 feet, to a point that is the southwest corner of this tract, being 1S feet west of a stake that is on the said south line; THENCE north 709,00 feet to a point for the northwest corner of this tract; being 50 feet south and 15 feet west of the southeast corner of a tract belonging to Calvin Gabbert; THENCE east 7S.00 feet to a stake; THENCE north 4'1'1441 east, 297.3 feet to a stake; THENCE north 42.5 feet to a stake on the bank of Pecan Creek; THENCE with the bank of Pecan Creek north 66000' east, 388.7 feet to a stake; THENCE south 215.00 feet to a stake; THENCE south 78000' east, 204,66 feet to a point; THENCE south 974.75 feet to a oint in the south boundary line of Wm. T. Evers land, and the north line of the N.T. Wilkerson land; THENCE north 51°30' west, 198.3 feet to the point of beginning, containing 17.93 acres, more or less. TRACT ONE Field notes to 78.8345 acres in G. Walker Survey, Ab. 1330, Denton County, Texas. All that certain tract or parcel of land situated in the G. Walker Survey, Ab, 1330, Denton County, Texas, being part of that certain 81,62 acre First Tract and part of that certain 42.5 Second Tract in a deed from I.B. Edwards at ux to B.I. Edwards on July 25, 1945, recorded in Volume 316, Page 368 and being more fully described as follows; BEGINNING at a fence corner at the southeast corner of said 82.61 acre tract in the east line of the Z19 acre Lot 6 of John R. Henry Z-1600-CITX OF DBNTON-PAGE ONE s r,.. -„meek ,.x ~ ~ a, Subdivision of said G. Walker Survey at a point 1594.4 Feet north of the southeast corner of said Lot 6; THENCE north 87011' 36" west with a fence 2405.17 feet to an axle; THENCE north 1041' 08" east along and near a fence $41.96 feet to a fence corner; THENCE north 87037' 54" west with a fence 373,31 feet; THENCE north 28056+ OU" east S85.17 feet; THENCE north 2122' 06" east 566,71 feet; THENCE south 740051 01" east with a fence 2079,75 feet to a corner in Pecan Creek; THENCE down the middle of Pecan Creek with its meanders the following 9 ourses and distances; (1) south 86601' 24" east 413,93 ft. (21 north 74058' 49" east SU.29 ft. (3) south 68.45' 03" east 41.40 ft, (4) south 9048' 50" west 82.92 ft. (5) south 10402' 01" west 74.50 ft. (6) south 24419' 5S" west $5.15 ft. (7) south 4010' 32" west 62.13 ft. (8) south 70151 34" east 130.39 ft. (9) south 37029' 15" east 26.18 ft. to corner in said creek; THENCE south 41111' 22" west with a fence and the east boundary line of said 82,62 acre tract a distance of 744.55 feet to the point of beginning, containing 78,8345 acres of land. TRACT TWO Field notes to 68.000 acres in the Gideon Walker Survey Abstract 13300 Denton County, Texas. All that certain tract or parcel of land situated in the U. Walker Survey, Ab. 1330, Denton County, Texas, being part of a certain (called) 108.05 acre tract described in a deed from J.W. Kellum, at ux, to N.T. Wilkerson, at ux on January 7, 1953, recorded in Volume 3850 Page 87, Deed Records of said County, and being more particularly described as follows; 3EGINNING at the southeast corner of said 108.d$ acre tract in the middle of Pecan Creek; THENCE north 72012' 10" west with a fence 2480,5 feet to a fence corner; THENCE north 20541 21" east with said fence 116.8 fast to a corner in a gravel road; THENCE north 860141 44" west in said road 999.46 feet to a corner; THENCE north 3445' 16" east 104S.71 feet to a steel pin in a fence; THENCE south 860041 09" east with said fence 1367.96 feet to an angle in said fence; THENCE south 470041 $S" east with said nce 973.1 feet to a corner in the middle of Pecan Creek; THENCE southeasterly with the middle of said Creek with itj meanders the following 10 courses and distances: (1) 6-~uth 32 03' 10" west 50.7 feet (2) south 10371 30" east 142.1 feat (3) south 64058' 30" eas: 2S0.5 feet (4) south 1501,9' 4u" west 41.$ Z-1600-CITY OF DENTON-PAGE TWO lita- fF-.t"' feet (5) south 75413' 10" west 78.7 feet (6) south 36057' 30" west 101.3 feet (7) south $7022' 20" east 76.0 feet (8) south 774041 50" east 411.4 feet (9) north 784231 4011 east 39.8 feet (10) north 16421' 10" east 35.44 feet (11) north 8012' west 210.1 feet (12) ' north 4B4511 east 86,5 feet (13) south 694531 east 43.5 feet (14) south 33450' east 323.1 feet (15) south 664451 east 130.7 feet (16) north 734481 east 95.8 feet (17) south $64591 east 80.0 feet and (18) south 7430' 10" east 622.40 feet to the place of beginning, containing in all 68.000 acres of land. TRACT ~THRB6 All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 430.140 acre tract described in a deed from Henry S. Miller Co., Trustee to Lotto B. Callahan on the 2nd day of August, 1977, recorded in Volume 847, Page b90, Deed Records of said County, and being more fully described as follows: BEGINNING at a steel pin at the southeast corner of a City of Denton Sewage Treatment Plant Tract described in a deed from W.T. Evers, at al to City of Uenton on December 12, 1960 and recorded in Volume 463, Page 260, Deed Records of Denton County, Texas, and an inner southwest corner of said 430,140 acre tract; THENCE north 14S4' east along and near a fence a distance of 980.70 feaot to a steel pin and fence corner at the east northeast corner of said City of Denton Tract; THBNCB westerly with the north boundary line of said City Tract the following 5 bearings and distances; (1) north 764061 west 220.0 feet (2) north 1454' east 215,0 foot 4(3) south 674541 west 388.7 feet (4) south 1654' west 42.50 feet {5) south 494381 west 285,42 feet to a steel pin on the ncrtheasteriy line of a road; THENCE north 38023' 2011 west with a fence and the northeast line of said road a distance of 61.96 feet to a steel pin and fence corner at an inner all corner of said 430.140 acre tract; THENCE north 14201 S8" east with a west boundary line of said tract along and near a fence a distance of 287,56 feet to a corner in Pecan Creek THENCE easterly and southerly with the middle of Pecan Creek the following 17 courses and distances; (1) south 60418' 0611 east 1$7.38 feet (2) north-71418' 351 east $18.28 feet (3) south 71441' 41" east 173.01 feet (4) south 67448' 26" east 297.75 feet (S) south 49416' 23" east 79,11 feet (6) south 8435' 49" east 243.12 feet (7) south 31049' 1811 east 169.01 feet (8) south 85055' 1811 east 223,6S feet (9) south 44019' 4911 east 137.92 feet (10) south 48406' 12" east 242.88 feet (11) south 420 28' 28" east 89.0 feet (12) south 6004' 26" west 108.62 feet (13) south 25615' 4511 west 70.50 feet (14) south 51044' S1" west 187.94 feet (15) south 12.43' 27" west 301.18 feet (16) south $2011' 17" west 93.32 feet (17) south 410411 08" west 244.97 feet to a corner in said Pecan Creek on a south boundary line of said 430.140 acre tract; THENCE north 464521 43" west along and near a fence a distance of 712.26 feet to the point of beginning and containing in all 25.733 acres of land. TRACT POUR All that certain tract or parcel of land situated in the Gideon . Z-1600-CITY OF DEXTON-PAGE THRBB Walker Survey Abstract 1330, Denton County, Texas, being a part of a certain tcalled) 4304140 acre tract described in a deed from Henry S. Miller Co., Trustee to Lotts E. Callahan on the 2nd day of Au ust, 19770 recorded in Volume 847, Page 6900 Deed Records of said lounty, and being more fully described as follows: BEGINNING at a point lying in the south boundary line of said tract, said point lying south 87049' 09" east 1239.22 from the west southwest corner of said 430.140 acre tract in Mayhill Road and the southeast corner of the MEP 4 PRR Co. Survey, Abstract 927; THENCE North a distance of 761,53 feet to a point for a corner in the north boundary line of said tract; THENCE south 88006' 15" east with a fence and the north line of a road a distance of 747.66 feet to an iron pin and fence corner at an inner ell corner of said tract and a bend in said road; THENCE south 38023' 20" east with a fence and a northeasterly line of said road a distance of 61.96 feet to a steel pin on a northerly boundaryy line of a City of Denton Sewage Treatment Plant tract described in a deed from W.T. Evers at al i,i Volume 463, Page 2600 Deed Records of Denton County, Texas; THENCE south 49438' west with a north boundary line of said City tract a distance of 11.88 feet to a steel pin at an angle; THENCB north 88606' west a distance of 60.0 feet to a steel pin at the west northwest corner of said City of Denton tract; THENCE south 14S4' west along and near a fence a distance of 709.0 to a steel pin and fence corner at southwest corner of said City of Denton tract; THENCE north 87050' 41" west with a fence and a south boundary line of said 430,140 acre tract a distance of 693.69 feet to a steel pin at a fence corner angle; THENCE north 87049' 09" west with a fence a distance of 1932.91 feet to the Point of Beginning and containing 12.43 acres of land. is hereby changed from Agricultural "A" District Classification Use to Light Industrial "Ll" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. the Zoning Map of the City of Denton„ Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69.10 be, and the same is hereby amended to show such change in District Classifi- cation and Use. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the 10 value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Uenton, Texas, and its citizens. Z-1600-CITY OF OBNTON-PAGE POUR M SECTION III, That this ordinance shall be in full force and effect immediately after its passage and spprovnl, the required public hear'.ngs having heretofore been held by the Planning and Zoning Commission and the Cit; Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the 6ioci day of 1983. FD TON, TEXAS ATTEST: ~'Vagzz- LO BN, CITY SEURMY CITY OF DENTON, TEXAS APPROVEU AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY; /0-ta. 2•i600-CITY OF DENTON-PAGE FIVE 496E c^ l J 1'73 - Jcec. ac og ire a# r~ ~1an~ No. 8W-YO, AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE ZON- ING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TBXAS, BY ORDINANCE NO. 69.1, AND AS SAID NAP APPLIES TO APPROXIMATELY 235.96 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The Zoning Classification and Use designation of the following described property, to-wit: BEGINNING at a stake at the southeast corner of a 40.93 acre tract, convayed by W.L. Henson and Jewel C. Henson to Wm. T, Evers October 7, 1924; THENCE west with the south line of the tract a distance of 695.00 feet, to a point that is the southwest corner of this tract, being 15 feet west of a stake that is on the said south line; THENCE north 709.00 feet to a point for the northwest corner of this tract; being 50 feet south and IS feet west of the southeast corner of a tract belonging to Calvin Gabbert; THENCE east 75.00 feet to a stake; THENCE north 47644' east, 297.3 feet to a stake; THENCE north 42.5 feet to a stake on the bank of Pecan Creek; THENCE with the bank of Pecan Creek north 66000' east, 388.7 feet to a stake; THENCE south 21S.UO feet to a stake; THENCE south 78000' east, 204.66 feet to a point; THENCE south 974.75 feet to a oint in the south boundary line of Wm. T. Evers land, and the north line of the N,T. Wilkerson land; THENCE north S1030' west, 198.3 feet to the point of beginning, containing 17.93 acres, more or less. ACT ONE Field notes to 78.8345 acres in G. Walker Survey, Ab, 1330, Denton County. Texas. All that certain tract or parcol of land situated in the G. Walker Survey, Ab. 13300 Denton County, Texas, being part of that certain 82.62 acre first Tract and part of that certain 42.5 Second Tract • in a deed from I.B. Edwards et ux to E.I. Edwards on July 25, 19450 recorded in Volume 3160 Page 368 and being more fully described as follows; BEGINNING at a fencf corner at the southeast corner of said 82.62 acre tract in the e.st tine of the 119 acre Lot 6 of John R. Henry 5-1'13-CITY OF DENTON-PAGE ON8 Subdivision of said G. Walker Survey at a point 1594.4 feet north of the southeast corner of said L. 6; • THENCE north 87611' 36" west with a fence 2405.17 feet to an axle; THENCE north 1041' 08" east along and near a fence $41.96 feat to a fence corner; THENCE north $7037' $4" west with a fence 373.31 feet; THENCE north 28056' 00" east 585.17 feet; THENCE north 2022' 06" east 566.71 feet; THENCE south 74005' 01" east with a fence 2079.75 feet to a corner in Pecan Creek; THENCE down the middle of Pecan Creek with its meanders the following 9 courses and distances: (1) south 66001' 24" east 413.93 ft. (2) north 74058' 49" east 80.29 ft. (3) south 68114S' 03" east 41.40 it. (4) south 9048' S0" west 82.92 ft. (5) south 10002' 01" west 74.50 ft. (6) south 24119' 55" west SS.15 ft. (7) south 4410' 32" west 62.13 ft. (8) south 7415' 34" east 130.39 ft. (9) south 37029' 15" east 26.28 ft. to corner in said creek; THENCE south 4011' 22" west with a fence and the east boundary line of said 82.62 acre tract a distance of 744.55 feet to the point of beginning, containing 78.8345 acres of land. TRACT TWO Field notes to 68.000 acres in the Gideon Walker Survey Abstract 1330, Denton County, Texas. All that certain tract or parcel of land situated in the G. Walker Survey, Ab. 1330, Denton County, Texas, being part of a certain (called) 108.05 acre tract described in a deed from J.W. Kellum, at ux, to N.T. Wilkerson, at ux on January 70 19530 recorded in Volume 385, Page 87, Deed Records of said County, and being more particularly described as follows: BEGINNING at the southeast corner of said 108.05 acre tract in the middle of Pecan Creek; THENCE north 72'12' 10" west with a fence 2480,5 feet to a fence corner; THENCE north 2054' 21" east with said fence 116.8 feet to a corner in a gravel road; THENCE north 86014' 44" west in said road 999.46 feet to a corner; THENCE north 304S' 16" east 1045.71 feet to a steel pin in a fence; THENCE south 86'04' 09" east with said fence 1387.96 feet to an angle in said fence; THENCE south 47404' SS" east with said fence 973.1 feet to a corner In the middle of Pecan Creek; THENCE southeasterly with the middle of said Creek with its meanders the following 18 courses and distances. (1) south 3Y 03' 10" west $0.7 feet (2) south 1037' 30" east 142.1 feet (3) south 6405$' 30" east 250.5 feet (4) south 15019' 40" west 41.5 ' S•173-CITY Of OBNTON-PAGB TWO ••ir 4;; _q- ; a,: Tm~`"„~~ZS`['-~ : - sue: .,2r _^m n feat (5) south 75013' 10" west 78.7 feet (6) south 36°57' 3U" west 101,3 feet (7) south S7022' 20" east 76,0 feet (8) south 77004' 50" east 411.4 feet (9) north 78613' 40" east 39.8 feet (10) north 16°21' 10" east 35.44 feet (11) north 8.12' west 210.1 feet (12) north 488S1' east 86.5 feet (13) south 69453' east 43.5 feet (14) south 33050' east 323.1 feet (15) south 66445' east 130.7 feet and) (16) north sou h 73048, 7.301 9106 feet ( sout~S6*591 °5to east the place feet of eas beginning, containing in all 6d.000 acres of .land. TRACT THREE All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 430.140 acre tract described in a deed fromm ofnAugust,4i1977 recordedsinsVolumet147~'pa~ell6a~hOn DoenedtRecordsdof said County, anJ being sore fully described as follows: BEGINNING at a steel pin at the southeast corner of a city of Denton Sewage Treatment Plant Tract described in a deed from W.T. Evers, at al to City of Denton on December 12, 1960 and recorded in Volume 463, Page 2600 Deed Records of Denton County, Texas, and an inner southwest corner of said 430.140 acre tract; THENCE north 1054' east alon` and near a fence a distance of 980,70 feast to a steel pin and ►enca corner at the east northeast corner of said City of Denton Tract; THENCE westerly with the north boundary line of said City Tract the following S bearings and distances: (1) north 76006' west 220.0 feet 22) north 1641 east 215.0 feet (3) south 67054' west 388.7 feat (4) south 1054' west 42.$0 feet (5) south 49038' west 285.42 feet to a steel pin on the northeasterly line of a road; THENCE north 38623' 20" west with a fence and the northeast line of said road a distance of 61.96 feet to a steel pin and fence corner at an inner ell corner of said 430.140 acre tract; THENCE north 1020' $8" east with a west boundary line of said tract along and near a fence a distance of 287.56 feet to a corner in Pecan Creek; THENCE easterly and southerly with the middle of Pecan Creek the following 17 courses and distances: (1) south 60018' 06" east 157.38 feet (2) north 71418' 35' east 518.28 feet (3) south 71°41' 41" east 173.01 feet (4) south 67048' 26" cast 297.75 feet (5) south 49016' 23" east 79.11 feet (6) south 803S' 49" east 243,12 feet (7) south 31.49' 18" east 169.01 feet (8) south 85°55' 18" east 223.65 feet (9) south 44419' 49" east 137.92 feet (10) south 48.06' 12" east 242.88 feet (11) south 420 28' 28" east 89.0 East 70.50 foot (14}'sou2611 west th 51 44105162 west feet 187394 south feet (16) south 12043' 27" west 301.18 feet (16) south 51.11' 17" west 93.32 feet (17) south 41041' 08" west 244.97 feet to a corner in said Pecan Creek on a south boundary line of said 430,140 acre tract; THENCE north 4$052' 43" west along and near a fence a distance of • 712.26 feet to the point of beginning and containing in all 25.733 acres of land, RACT FOU All that certain tract or parcel of land situated in the Gideon S-173-CITY OF UBNT0N-PAGE THREE Walker Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 430.140 acre tract described in a deed from Henry S. Miller Co., Trustee to Lotta B. Callahan on the 2nd day of August, 1977 recorded in Volume 847, Page 6900 Deed Records of said County, anJ being more fully described as follows: BEGINNING at a point lying in the south boundary live of said tract, said point lying south 87449' 09" east 1239.22 from the west southwest corner of said 430.140 acre tract in Mayhill Road and the southeast corner of the ME? 4 PRR Co. Survey, Abstract 927; THENCE North a distance of 761.53 feet to a point for a corner in the north boundary line of said tract; THENCE south 88406' 15" east with a fence and the north line of a road a distance of 747.66 feet to an iron sin and fence corner at an inner ell corner of said tract and a bend in said road; T of said road HENCE south 38023' 20" east with a fence and a northeasterly line northerly boundarydlinenof a City~of Denton Sewage sTreatment on tract described ii( a deed from W.T. Byers at al in Volume 4630 Page 260, Deed Records of Denton County, Texas; THENCE south 49438' west with a north boundary line of said City tract a distance of 11.88 feet to a steel pin at an angle; THENCE north 88006' west a distance of 60.0 feet to a steel pin at the west northwest corner of said City of Denton tract; THENCE south 1054' west along and near a fence a distance of 709,0 to a steel pin and fence corner at southwest corner of said City of Denton tract; THENCE north 87050' 41" west with a fence and a south boundary line of said 430.140 acre tract a distance of 693.69 feet to a steel pin at a fence corner angle; THENCE north e7649' 09" west with a fence a distance of 1932.91 feet to the Point of Beginning and containing 12.43 acres of land. which is classified as Light Industrial "LI" District Classifi- cation Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas is hereby changed and a Specific Use Permit is hereby granted for the use of said property for a municipal sewage treatment plant. The Zoning Map of the City of Denton) Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69.1, be, and the same is hereby amended to show si,ch change in District Classification and Use, SECTION 41, That the 1t yy Council of the City of Denton, Texas hereby finds that such changs 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 or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Dauton, Texas, and its cititens. 8.173 CITY OF DINTON•PAGA FOUR ry ; 1 "F7P Ti, z ,4. SECTI N III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public ' hearings having heretofore been hold by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. .I PASSED AND APPROVED this the day of f~, 19g . CI OP D;N7ON, TEXAS ATTEST; CITY OF DONTONO TEXAS APPROVED AS TO LEGAL FORM: C. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY; S-173-CITY OF DENTON-PAGE FIVE ;ti PROPERTY OWNER REPLY FOAMS CITY COUNCIL Z-1804 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received r r i - ,a r~ 44- 4 - `i RAVI. ~.a i i ;S ..n.4~ `ni,Z°.:. ;Tool .rl i7 Minutes Planning and Zoning Commission May 27, 198E A special called meeting of the Planning and Zoning Commission of the City of Denton, Texas was hold on Tuesday, May 27; 1986, at 5:00 p.m., in the Council Chamber of the Municipal Building. + present: Bill Clalborne, kuby Cole, k. B. Escue, Jr„ Judd Holt, Gary Juren and Tom Pearson Absent: Euline Brock Present from Staff: David Ellison, Senior Planner; Denise Spivey, Urban Planner; Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorney; Steve urinkman, Director of parks and Recreation; David Ham, Assistant Director of Utilities; Jerry Clark, City Engineer; and Susan Mitchell, Secretary Chairman Bill Claiborne called the meetin to order and introduced Mr. Judd Holt as the new Planning and Zoning Commissioner. 1. MINUTES A. It was moved by Mr. Juren, sec tided by Mr. Escue and carried (5.0) to approve the mt,tites of the special called meeting of July 17, 198$, Mr. Holt abstained. B. it was moved by Mr. Pscue, seconded by Mr. Claiborne and carried (5-0) to approve the minutes of the work session of April 9. 1986, Mr. Holt abstained. C. It was moved by Mr. Juren, seconded by Ms. Cole and carried (5-U) to approve the minutes of the special called meeting of April 16, 1986. Mr. Holt abstained. D. It was moved by Mr. Claiborne, seconded by Mr. Pearson and carried (5-U) to apppprove the minutes of the regular meeting of April 23, Mo. Mr. Molt abstained. E. It was moved by Ms. C,)ie, seconded by Mr. Juren and carried ($-U) to approve the minutes of the joint work session of Planning and Zoning Commission and Airport Advisory board of April 23, 198o, Mr. Holt abstained. II. CONSENT AGENDA: The preliminary plat of the Londonderry Idd "0'* of i, l; lock i was witndrawn by Mr. Claiborne and moved to considerations. It was moved by Ms. Cole, seconded by Mr. Escue and unanimously carried (o-U) to approve the consent agenda as follows: A. Approval of preliminary and final plat of Hunter Hill Estates. S. Approval of final plat of the Mcl;inney Street Baptist Church Addition, Lot 1, block 1, C. Recommend approval of preliminary plat of the Whitney Park Addition. U. Approval of final plat of the Y.M.C.A. Addition, Lot 1, Block 1, 111. PUBLIC HEAKINUS A. Z-1804. Petition of A. Ben Pinnell, Jr, reqquesting a EM Y in :onin from the a ricultural (A) district to the ligh~ industrial ~LI) distr ct and the removal %f specific use permit (S-173) on a 2V.62 acre tract. The 17roperty is located east of Waybill Road and north of Poster Road and is shown in the Gideon walker Survey, Abstract 1339. If , T.11 P 8 L Ninutes May ZT, 1986 Page L approved, the property may be utilized for any purpose permitted in the light inpdustrial (LI) district by the L'ity of Denton Zoning Ordinance. Six notices were mailed to property owners witatin Zou feet; no reply forms were receivea in favor, one reply form was received in opposition. ` "I'll UNBK: Ben Pinell stated that he made a land trade WN a city. He said that this property is appropriate for Ii tit industrial zonin because he has no need for a specif c use permit to buifd a sewer plant. IN FAVOR; David Ham, Assistant Director of Utilities, state that the department has wanted for some time to have light industrial zoning within the vicinity of the wastewater treatment plant. He said tnat it gives the city the opportunity to sell some effluent for coolant purposes f processed water to the area, He said that light indoustrial zoning Is mucn better than residential or commercial. He added that the Utility Department is in favor of the zoning request, OPPOSED: None present. UMF KART: Ms. Carson stated that in 1983, the City of Denton AP roved light industrial zoning and a s ecific use pe wit fff the Wastewater treatment Plan. The City reques- ted the zoning and specific use permit on Z35.90 acres, but the city recently agreed to sell a tract of this property that was not being used as part of the plant. Sne said that the property is located in a low intensity area adja- cent to the Triangle Mall ni8gh intensity area. The Devel- opment Guide states on page 53 that, "The area within 2,500 feet of the Wastewater Treatment Plant will be utilized for industrial purposes, preferably industries that could uti- lize the effluent from the Plan..," She said that the tract abutting hlayhill Road is zoned light industrial and can be used for any purpose permitted in tttat district. The additional section of property for which light indus- trial zoning is requested would be consistent with the surrounding zoning. She said that the fire flow is not adequate and a water line will need to be extended from Loop 288 and that It will be considered during the plat- tang process. She said that the request does 1% violate any Development Guide policies and that staff recommends approval of Z-2804. Mr. Claiborne stated that light industrial zoning is ap- propriate considering the city would like to sell effluent for coolant purposes. He asked about the cumulative na- tureof the zoning ordinance in regards to this property. Ms. Carson stated that it would allow for development of non-residential uses Including office, commercial and general retail. Site said that staff did not consider a planned development at this time because the petitioner was not committed to a layout of the property, She said that the other property that is surrounding will probably be zoned as light Industrial and can be used for other purposes except residential. Mr. Holt asked about the property to the southwest. Ms. Carson stated that it is zoned agricultural and that it will be split by Loop 188 bypass, R&BUTTAL: None offered. Chair declared public hearing closed. 771 P 6 2 Minutes may 17, 1980 Page J UECISIUN. Mr, Juren moved to recommend approval of Z-180:7 Seconded by Ns. Cole, Mr. Claiborne stated that he felt it was not fit for commercial or office or any other use utner than llgnt industrial; however, he felt It was go for a planned development, He added that he has some reservations. • Vote was called and unanimously carried (b-U). B. Z-IBUS. Petition of Amos Schwartz Cunstruction Company, Inc, requesting an amendment to a planned development (PD-6U). The property is located east of Audra bane and north of Paisley Street and is wore fully described as Lee Meadows Addition, Sections I and 11. If the amendment is approved, the following changes will be made: Front Yard Setback - 1S feet Rear Yarn Setback - 3U feet Side Yard Setback - Minimum of 0 feet MinimuiirSeparatlon BetlueenuStructurest- 7 feet Eliminate Private bark Requirements Seventeen notices were mailed to property owners within 2UO feet; one reply form was received in favor, one reply form was received in opposition from person not on the mailing list. PETIVIUNEk: Brian Burke of Burke Engineering representing mop c wartz and Jay aalentine, stated that the purpose of this request is twa-fold. He said that one is to re- establthe ishpbuilding linesgto ravoidscnnstatecond nt is to be- tween the city, developer and contractor. Amos Schwartz stated that they originally obtained the 9S lots and the original developer kept the one acre park. He said that they ar6 requesting that It be taken out of the planned development because they do not own the land. iN FAVOR: None present, OPPOSED: None present. STAFK kmpoxf: Ms. Carson stated that the property was adoptedd Augnustd2,"e198J. The Uplannedddevelopmentcallows a maximum 94 single family detached noses with a typical lot size of 351 x LOU'. The vacant, but construction began 7oucluslots pindearlyn2slL . She said that the setback information will eliminate con- fusion about development requirements and the requirements are consistent with other zero lot line developments in the City. She said that the main purpose of the amendment to the planned development is to remove a condition from the ordinance concerning a private park. She said that the condition in the ordinance states, "Recreation or playground area shall be maintained by an approved home- owner's association and, if required, an appropriate bond shall be posted for future maintenance." " She said that the intent was to ensure that the City of Denton was not obligated to expend public funds for saintena..:e of the area. The City of Denton Is not interested In maintaining Mack MackbParkpand Leo ElementaryeSchool. She saidiafter to with the Legal Depsrtment it was determined that the City could not enforce a condition requiring that a homer,wners association be organized. to addition the Parks V ,MI C NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAMF WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF UENTON, TEXAS, BY ORDINANCE No. 691, AND AS SAID MAP APPLIES TO APPROXIMATELY 11,437 ACRES OF LAND OUT OF THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND M TO LIGHT INDUSTRIAL "Ll" CLASSIFICATION AND USE FOR SAaD PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. t` THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS; SECTION I. That the Zoning Classification and Use designation applicable to all or part of the property described in Exhibit "A" attached hereto and incorporated by reference herein, is hereby changed from Agricultural A District Classification and Use to Light Industrial "LI" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas, SECTION Il. That the Zoning Map of the City of Denton, Texas, adopted # the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under ordinance No. 69.1 is hereby amended to show such change in District Classification and Use, SECTION III. That the City Council of the City of Denton, Texas, hereby finds that such change Is in accordance with a comprehensive plan for the purpose of promoting the eneral welfare of the City of Denton, Texas, and with reasonable consideration, among } other things for the character of the district and for its I peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding one Thousand Dollars ($1,000,00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof durinf.; which any violation of this ordinance Is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION V. That if any section, subsection, pare raph, sentence, clause, phrase or word in this ordinance, or application thereof to any i 4; IMM person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton. Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, SECTION V1, 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 STEPHU99-RXYOR CITY OF DENTON, TEXAS ATTEST: I CHARLOTTE AELEM CITY SECRET)MY CITY OF DBNTON,sTEXAS APPROVED AS TO LEGAL, FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY j CITY OP DENTON* TEXAS 6 A , BY: 'D, Tq4o",q i 2-1804/PAGE 2 i j I~ 1 f EXHIBIT "A" I!!I t i E 8einf~ a 11.437 acre tract of land lyint in the Cit• and county ofbetDrset .;rpp State of Texas and boinft part of the 0ideon Nalker Survey, a !31;30, and beinx part of a called 97.785 acre treat deeded to Anthony Soaltae as recorded in volume 647, page 8, Deed Records of said county, same beinr, set out by mates and hounds description as follow t 8egimiinx at the northweat corner of this treat on the north line of amid 97.785 acre tract at it fence corner, as" being S 87' 53' 42" E a distance of 663,11 feat from the west line of amid 0ideon Vaiker surrey; Thence S 87' 33' 42" E with a fence line 474,80 feet to a 5/8 inch re-bar; Thence 3 nl 53' 43" " a distance of 1050.n1 feet to a point in rdwards (water) Road on the south line of said 97,785 acre tracts Thence 11 88• 02' 02" W with Raid south line 482,44 feet to a point, being the south- west corner herein; thence 11 02. 11' 58" R with a fence 626,39 feet to a fence cornart thence q 87. 41' 42" '14 a distance of 76,78 foot to a fence corner{ thence V ^2' $2' 13" F with a fence 422.02 feet to the beainninR. i E Z-1804 C`W ~ ~ :ro~•.~6- 'n~j' a~ ~`"Y sLC~~4r Y F..° ls. 1 ^ t, w _ UTZ1 07/01146 CITY COUCIL tQ= & 'Do Tot Mayor and Members of the City Council PROM% Lloyd Harrell, City Manager SUBJECT: Z-1811 PUBLIC HEARING AND ADOPTION OF AN ORDINANCI RK Low t Planning and Zoning Commission rocoatends approval. §VHKWI The property is part of a planned development (PD-60) iodated east of Audra Lane and north of Paisley Street. The property was sold separately from the remainder of the planned developmnt. The property was zoned single-family (SP-7) prior to being zoned planned development. The owner is interested in a specific use permit for a day dare at this site. PROGRAM DARN M ETO OR GROUPS AtPgCT-M. Three (3) property owners were notified. FI8 AL IMACT: No impact can be determined at this tim. Res ully s itted: ti Llo d Harrell Prepared by: City Manager L 0-k' CA Ao ~ Cecile Carson Urban Planner Appr NN Jeff Mey Director of Planning and Development 0203k i{ 7e ~S'l" ~'K C',~'~'~',`SI ~nl~3Jk.['?'iti •'s'~~&'lq' °4R?' _ 5% r d t Rl,P &i° E S `5 n.s f PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: Z-1811 Meeting Date: July 1, 1986 GENERAL INFORMATION Applicant: Jay Balentine 2289 Scripture Denton, Texas 76201 Status of Applicant: Owner Requested Action: A change in zoning from the planned development district (PD-60) to the single family (SF-7) district. Location and Size: The property is locateo east of Audra Lane and north of Paisley Street. It is more fully described as Lot 220 Block B, Lee Meadows Addition, Section 1 and consists of approximately 0.84 acres. Surrounding Land Use and Zoning: North - PD-601 residential) vacant South'- PD-601 residential; vacant East - PD-601 residential; vacant West - PD-9 1 residential) vacant Denton Development Guide: Low intensity area SPECIAL INFORMATION Transportation: Audra Lane is an improved road with proper right-of-way. Sidewalks should be required along frontage. Utilities: All utilities are available at the site. Drainage: Drainage for area was analyzed using park run-o.f ^jefficient and a drainage study and improvements will be required. MR, 10, qwr (Case 8-1811) Page Two HISTORY This property was zoned as part of a planned development (PD-60) in 1983. ANALYSIS In order to develop the property in the planned development (PD-60) for residential use, an amendment has been requested to eliminate the private park requirements in the ordinance. This property was originally zoned as the private park in the planned development and woulu be unzoned if the amendment is approved. Therefore, the petitioner at the request of the City of Denton is proposing single family (SF-7) zoning. The property was ;one single family (5F';') prior to being zoned planned development (PD-60). The petitionec is also requesting a specific use permit for a day care center. RECOMMENDATION Planning and Zoning Commiscion recommended approval of z-1811 at its meeting of May .27, 1986. ALTERNATIVES 1. Approve petition 2. Deny petition ATTACHMENTS 1. Location Map 2. Reply Form Totals,:: 3. Mailing List 4.:, Kinut". of Planning and Zoning Commission meeting 17279 - • / rr1 _ , 1 ww li . III, pp_ 4 C ww SF-7 1 _ F•11 I • PO- t i~ I A r u s PD-9 , ' - aas0 , S-172 i mmat 1 A i MFw t T _71 I PROPERTY OWNER REPLY FORMS CITY COUNCIL -1811 IN FAVOR IN OPPOSITION UNDECIDED Summey Bldg. System None Received P.O. Box 99 Georgetown, TX r Jam/ k' Qua rv P 3 Z Minutes May 17, lygb Page 4 and Recreation Department nas stated that private parka ¢eneralty are maintained for a short 'me only and then become the responsibility of the Gity. She Added that staff recommends approval of Z-1BUs. Mr, Pearson asked if the park was part of the original planned development. Ms. Carson said yes. Mr. Pearson asked if it is possible to sell off part of the planned development. Ms. Carson stated that it happens all the time. REBUTIAL: None offered. Chair declared public hearing closed. DECISION: Mr. Claiborne stated that the setbacks speci- fied a againstetheworiginalrplannedpdevelopment said that setbacks were a definite improvement. Mr. Claiborne moved to recommend approval of Z-18t)S. ~-Seconded by Mr. Pearson and unanimously carried C.J Z-1811. Petition of Jay Salentine requesting a change Ttl zoning from the planned development district (PD-ov) to the single family (SF-7) district, The property is located east of Audra Lane and north of Paisley Street and more fully described as lot 11, block S, Lee Meadows Addition, Seccion I, If approved, the property may be utilized for any purpose permitted in the single family (SP-7) district by the City of Denton Zoning Urdinance. 'three notices were mailed to property owners within LUU feet; one reply form was received in favor, no reply forms were received in opposition. PETITIONER: Brian Burke of Burke Engineering represent- ing Jay Balentine, stated that he was available to answer questions, IN FAVOR: None present. OPPOSED: None present. STAFF REPORT': M4. Carson Stated that in order to develop the prop roc' perky in the planned development (PL-bU) for resi- dential use, an amendment nas been requested co eliminate the private park requirements in the ordinance Tnis prop- erty was originally zoned as the private park in the pplanned development and would be unzoned if the amendment is approved, Therefore, the petitioner at the request of the City of Denton is proposing single family (SF-7) zon- ing. The property was zoned single family (SF-7) prior to bein zoned planned development (PL-bu). The petitioner is also requesting a specific use permit for a day care center. She added that staff is recommending approval of Z-1811. REBUTPAL: None offered. Chair declared public hearing closed. DECISION: Mr. Juren moved to recommend approval of Fran. Seconded by Mr, Escus and unanimously carried -a). E. S-190. Petition of Jay Salentine requesting a specific use permit for a day care center. The property is located east of Audra Lane and north of Paisley Street and more D,.744 NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON* TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 22, BLOCK B OF THE LEE MEADOWS ADDITION, SECTION I; TO PROVIDE FOR A CHANGE IN ZONING CLASSIPI- CATION AND USE DESIGNATION FROM PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE TO SINGLE-FAMILY "SP-7" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS; SECTION 1. That the Zoning Classification and Use designation applicable t the o all or part of the property described as Lot 22, Bloch B, of Plannede Development Meadows dd} PD" tDistrict Section ClI is hereby assification changed Use from to Single-Family "SP-7" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton. Texas. SECTION 11, That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 6S-1 is hereby amended to show such change in District Classification and Use, SECTION 111. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV, Any person who shall violate a provision of this ordinance, i or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such ' violations such person shall be punished within the limits above. SECTION V, That if aoy section, subsection, parq rsph, sentence, clause, phrase or wot:) in this ordinance, or application thereof to any 3 WA , person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION VI. That this ordinance shall 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-Chronir,le, 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. CITY OF DENTON, TEXAS ATTEST: CHARLOTTli ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS r APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: i E-1811/PAGE 2 DAM 07/O1/" 0111 CIS'FOMAT , TO: Mayor and Members of the City Council c`. FROM: Lloyd Harrell, City Restager SUBJtCT: Z-1805 PUBLIC HlARING AWD ADOPTION OF AN ORDINANCR MCOM M-ATION: Planning and Zoning Commission recommends approval. A planned development (PD-60) was approved in 1983 for single family use on approximately 13 acres located east of Audre Lane and north of Paisley Street. BACKGROUND : The ordinance for the planned development contained no information about setbacks and the amendment establishes those requirements. In addition, the ordinance required a homeowner's association be created to maintain a private park. The property for the private park is separately owned, and it is impossible to enforce this requirement in this situation; therefore, the petitioner has requested the condition be removed from the original ordinance. _PRO , PRNE 190,_ 01 GROUPS AFFRCTRD: Seventean (17) property owners were notified. FISCAL IMPACT: No impact can be determined at this time. Res fully s fitted: Llo d Harrel ~Prrrepared b//y:: City Manager SSdL___h a.w Ceoile Carson Urban Planner Appr Jeff Mejolp" Director of Planning and Development O2O2k F.. e .v4:as,_ m i,n _ r a-iyw _ A WIT e ! y.r'[ .e~ 77 MANKING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Cane No.: Z-1805 Meeting Date: July 1, 1986 GENERAL INFORMATION Applicant: Amos Schwartz Construction Co., Inc. 1127 Judson Road Longview, Texas 75601 Status of Applicant: Owner Requested Action: An amendment to a planned development (PD--60) to make the following changes: Front Yard Setback - 25 feet hear Yard Setback - 30 feet Side Yard Setback - Minimum of 6 feet Side Yard Setback - Minimum of 1 foot Minimum Separation Between Structures 7 feet Eliminate Private Park Requirements Location and Size: The property is located east of Audra Lane and north of Paisley Street and is more fully described as Lee Meadows Addition, Section I and II. Surrounding Land Use and Zoning: North - Single family (SF-7); vacant South - Single family (SF-7); residential East - Single family (SF-7); vacant West - Single family (SF-7)1 PD-9t residential Denton Development Guide: Low intensity area SPECIAL INFORMATION Transportation: Audra Jane has been improved with proper right-of-way. Sidewalks along Audra Lane will be required. 99 I z : P'~s, al^i z' . i t `"*R_. r~ Z Ra ~ c #s . s t r : ~Coo* 3.1805 Page Two SPECIAL INFORMATION (continued) Drainage; Drainage for area was analyzed using park runoff calculations, and a drainage study will be necessary. Improvements will be required if another land use is approved. Utilities; An 8" water line is located in Audra Lane and a 6" water line is located in the streets of the subdivision. A 15" sanitary sewer line is located in Audra Lame and an 8" sanitary sewer line is located in the subdivision streets. HISTORY The property was zoned planned development, PD-601 and an ordinance was adopted August 2, 1983. The planned development allows a maximum 94 single family detached homes with a typical lot size of 35' x 100'. The 13.407 acres has been vacant, but construction began on lU lots in early 19860 ANALYSIS FThe main purpose of the amendment to the planned development is to remove a condition from the ordinance concerning a private park. The condition states, "Recreation or playground area shall be maintained by an approved homeowner's association and, if required, an appropriate pond shall be posted for futu7e maintenance. (Intent is to ensure that City of Denton will not be obligated to expend public funds for maintenance of the recreational area.)" The City of Denton is not interested in maintaining a public park at this site because of its proximity to Mack Park and Lee Elementary School. After discussion with the Legal Department, it was determined that the City could not enforce a condition requiring that a homeowners association be organized. In addition the Parks and Recreation Department has stated that private parks generally are maintained for a short time only and then become the responsibility of the City. The setback information will eliminate confusion about development requirements and the requirements are consistent with other zero lot line developments in the City. 3 "S,pv'F-•'{h. .c.--~,' ga.c; .~E-.. ,yj,*3,, i f. -r", j' .e. s•: ':.vi (case S•1805) Page Three RECOMMENDATION Planning and Zoning Commission recommenaed approval of 2-1805 at its meeting of May 21, 1986. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS 1. Location Map 2. Ordinance Nunoer 83-78 3. Minutes of City Council meeting of August 2, 1983 4. Mailing List 5. Reply Form Totals 6. Minutes of Planning and Zoning Commission meeting of May 27, 1986 13449 1 wlw r I, MF-I ~ P 1 I , SF- Pi PD- I ' t ' f } - L 1 y' - PD 9 S-172 I SF-7 Ale. to ~b1E='R I a ; ; I ~ r I f MF-I ~i__. ..r~r.•r H Ll • • lx.'.ri~ 1 11Y. • f 1 M Y IA PA i!~I ~f R 1~...l• ~~I •1H•/P/1 Uq VV111111 1\'r' L+•~ wY N! yN yy ~ ~uwrY1 J l + V1yf 1 ~ y}y y1 Li) (s) ♦ (S•i (i1 n l b pJl (n ,n i I J~ ; ; 1 I I I i ~ ~i I / ytf 01 I I C~! I (0) l'}) I S w Yn Mrr. 111 i r G (i1 r j- - errwa r.o OTAV Ll tlE` ~ DMhl16 \ '1i"--µ1;• 1. tt+vx nuuak rrr• n~ 'YtL'F' ~i; Il~'I(!'i(; ~~y1 !rI(~~I(1►1~11 ~ i(~OC~ N~{Q~;(78 t~t1~1Y i"~~_~ 1{I~Ne. lra►RUj' P'b12,6I4a" y Za1INt!~ GlI~1C~ BK1151t 111,1 may, Yy `•T' rOW.NY vw r'I!1 I aiullrl re u.yrlwl ~vl.•''Al two I PO.N. At"INNYK, ♦ "ftA11iNOW4KALE. y~~ p~.ft/ll,T6'+G~FJ y.sw n •Ywl. rm,." .N 1 k}'1 S.I.ts71f( CH 1RI1 two* X44 /rd) I C ~G f /r PDT ~a fl udr c~ 1-~.n~, NO . AN ORDINANCI AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0. ,59-1, ` AND AS SAID NAP APPLIES TO APPROXIMATELY 13.407 ACRES OF LAND IN DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEROIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY Of DENTON, TEXAS, HEREBY ORDAINS: SECTION I The Zoning Classification and Use designation of the follow- ing described property, to•wlt: BEGINNING at an iron rod found, said Iron rod being the at the Southeast corner of the Jonatnan Brock Survey and also being in the ,N,,rth Liao of the T. M. Downing Survey; THENCE North 00130'53" West a distance of 155.4 feet to the point of beginning; THENCE South 89052'30" West a distance of 9.79 feet to a point for a corner; THENCE North 00°1130" West a distance of 110.72 feet to a point for a corner; THENCE South 89051130" West a distance of 130.0 feet to an angle point; THENCE North $9437152" West a distance of 50.0 feet to an arnrle point; _ THENCE Souty 890S2' of 77y,53 feet to a point in the East rignt-of-way line of Audra Dr. (SU feet right oi•wayJ for a corner; THENCE North 2046133" East along said right•of-way line A distance of 758.01 feet to a point for a cor-'r; THENCE North 89°13'45" Ease a distance of oi5.Zd caet to a point for a corner; THENCE South 00119100" East a distance of 369,76 feet to the point of beginning and containing SS4,1JZ7 square feet or 13.407 acres of land, more or less. .and being a portion of the land described '.n that certain Warranty Deed from C. F. Pofahl to Conmonweaith Development Co., dated December 29, 1972 and filed for record January 6, 1973 in Volume 663, page 292, Deed Records of Denton County, Texas. is hereby changed from Single Family (SF-7) Distri-t Classifi- cation Use to planned Development LPD) uistrict Classification and Use under the comprehensive 7.oning ordinance of the City of Denton, Texas sub)eAr,t to the following conditions: 1. Plat approval constitute site plan approval. L-1593/0eRONDE/GEMSTONE DSV.-PAGE ONE I. Recreation or playfround area shall be maintained by an approved homeowner s association and, if required, an appropriate bond shall be posted for future maintenance. (Sntent is to ensure that City of Denton will not be obli. gated to expend public funds for maintenance of the recrea. tion area.) 3. Overall density of development shall not exceed 7.23 units per acre. 4. Audra Lane shall be improved in accordance with applicable City of Denton subdivision regulations and construction standards from its Intersection wish Paisley Drive to the northern edge of the property in this request. S. Final right-of-way width of Audra Lane shall be determined during final platting stage; minimum of 60 feet, aAximua of 80 foot shall be provided. 6. Mack Drive shall not be extended northward beyond this development. 7. Sidewalks shall be provided throughout the development on ill public streets. 8. If site is not developed within four (4) years, the zoning will revert to its previous single-family (SF-7) classlfi- -ation. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classification and Use. SECTION 11. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a Comprehensive plan for the purpose of promoting the general welfare of the City of Denton Texas, and with reasonable consideration, among other things iror the character of the district and for its peculiar suitability or particilar uses, and with a view to conserving the value or the buildings, protecting human lives, and encouraging the most ap;ropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been hela by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, sitar giving duo notice thereof. PASSED AND APPROVED this the day o 1'83. CI Y OF NTON, TEXAS ATT ST n CITY OF DENTON,'TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR JR. CITY ATTORNEY C 1TY OF DEPT No TEXAS 6Y: _ P♦u ! 1 t ! • ! 1 1 ~ ~ „ t I • A r~ LW '4 1S t II 0 tl LM / . .4 0 to LM♦ / A 0 M YA r 4 II 1111 ~A~L. 'H Loh .1►._ ~ ~ ter. ~ ,...n M OK t 71 I N N , ~I 1 _ .t ~ Y..1 I 1 1 7 1! i Q 1 R • KX [ » } ~ + Iv L ' t f • t L T q y •~R iS, 161 ~~hLRY tlftit I~ Iw to q . EMI K1d1lE IK 11 ~ p y ~~p[ ~ 1~ 1 / Mi I47N~ .i LEE MEADOWS i 32t ity of oa toa city council Miautes Must 1. ~9$3 Page Five 4. Public Hearings As The Council considered the petition of the City of Denton requesting a change in :on140 from agricultural (A) to the planned development (►O)alassification at Evers Park. If approved the planned:developrent (PO) would permit the erection of three (3; scoreboards with advertising capabilities, (Z •1591) The mayor opened the public Hearing. Mr. Millie Hudspeth, Commissioner of the Denton Bays Tackle Football Association, spoke in favor of the petition stating that the association secured scoreboards for Evers park which had advertising on them. This change in zoning would permit the scoreboards to be put in place. No one spoke in opposition. The Mayor closed the Public Hearing. Jeff Meyer, Director of Planning and Community Development, reported that 3 reply forms had been mailed with 0 returned. Meyer stated that Mr. Hudspeth had invested a considerable amount of time with this project for the park and believed that it was time for the Council to give him a clear signal of their intentions. 1. The Council considered adoption of an ordinance changing the ZOniny from agricultural (A) to the planned development (PD) classification at Evers Park. If approved, the Planned development (PO) would permit the erection of three (3) scoreboards with advertising capabilities. The following ordinance was presented., NO. 83-77 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO APPROXIMATELY 80 ACRE TRACT OF LAND OUT OF THE 8.8.8, a C.R.R. SURVEY, ABSTRACT NO. 1860 DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE, Chew motion, Stephens Vecond to adopt the ordinance. On roll call vote Barton "aye , Hopkins "aye", Stephens "aye", Al fOrd "aye", Chew r~Way&% and Mayor "aye". Motion carried unanimously. I y B, The Council considered the petition of Walter H. OaRonde representing Gemstone Development requesting a change in zoning from single family (SF-7) to the planned development (PD) classification on a 13.041 acre tract beginning along the east side of Audra Lane approximately 100 feet north of the intersection of Audra and Paisley. If approved, the planned development (PD) will permit the AavolopTernt of approximately 94 taro lot line detached single family nousr with a typical lot silo of 35 feet x 110 feet. (Z-1593) The Mayor opened the Public Hearing. Mr. Walter DeRonde, the petitioner, spoke in favor of the petition stating that this Zero lot line Concept would bring truly affordable housing to Denton. Mr. JoRonde also stated that the major Cost factor in hamebuilding is the land cost. This cost in combination with interest rates had made homeownership difficult. T;)e taro lot line concept was to 43e smaller lots and have hi her density use of the property. Mr. DeAonde presented several slides of completed homes in the Houston area. City of Deston city council minutes 325 August 2. 14N Page Six Monde also stated that the sere lot lines would Allow for it feet between the units which would be built GA-site and would meet .building codes. The units would be constructed five at a time. Mr. DoRonde :oncluded by stating that thw approval of tills petition could be a positive step toward providing diverse housing in Denton. Mayor Stewart asked if the developers were planning to build several small, square houses on smaller lots. Mr. DeROnde responded that all of the homes would be in the 1000 to 1200 square feet range. Mayor Stewart asked if young married and older couplei were the traditional buyers of these homes. Mr. DeROnde responded that young married couples and single persons were the traditional buyers. (p Council Member Hopkins asked if the area near Audra Lane In the proposed development was to be a park or a green belt. m +r, DeRondo replied that the City would not want to maintain a park CO this small. Council Member Hopkins stated that this was a very Innovative approach to providing housing, Council Member Stephens stated that the sketch displayed showed Mack Park going beyond the development and asked about the use of Mack Drive. Council Member Alford asked what the impact would be on the schools if this area was developed to Its fullest. Mr. DeRonde answered that Mr. Bernstein of the Denton Independent School District had stated that there would be approximately 100 additional children which would not present any problems, Mr. Tony Repose spoke In favor of the petition stating that these homes were developed in Houston and San Antonio and were sold Out in one year. Mr. Raposa also stated that he believed this was the answer to affordable housing and the City reallyy needed this project. Raposa wanted to go on the reo.ord as being in favor of the petition. No one spoke in opposition. The Mayor closed the Public Hearing, (:avid Ellison, Development Review Planner, reported that 14 reply forms had been mailed out to property owners within 200 feet with 5 returned in favor and 1 in Opposition. In retmonse to Council Member Hopkins's question regarding the green area near Audra Lane, Ellison stated that a park area would be nice If it were privatalr maintained but the Staff did not think the City could assume the maintenance responsibility. Council Member Stephens's question regarding Mack Drive was a decision that the Council would need to make. Mack Drfve at the present time Is a collector street. If the street were extended to the nopth, it would be used as a major thorofare. Staff felt that Mack Drive should not be allowed to tie into Awe Lane. Council Rember Stephens stated that the developers woull address this proO last. Mack arrive could remain as a cul-de-sac or could be eztended ~'f the development in this area continued. 32 1ty of DantoA City Council Miaytes ugust Z. 1403 Palo Seven Ellison 4180 reported that IR regard tb the question of impact on the public schools. the DISO was a somber of the Development $$View dovelanor would alsotImprove Audra Lane totpaisli ,petition. The .Ellison reported that the Denton Development Guide Iencouurragged diversity of housing types and costs and that he felt Dentan needed this kind of dev410041ent. The Planning and Zoning Commission Red approved the petition by a vote of 4 to 3 with 8 conditions. the architectural plans or thattthetStaff;could approve cthe Sipter plan. the Council Member Stephens stated that he would prefer for the Staff to approve the efts pie», Mayor Stewart stated that he had beefs concerned about property in strict rdon'te continue 1 through dtoc major thorofares. He cstated that compihimentedethe Staff anntheireaddressingththisdproblem.e access and Council Member Chew commended all persons concerned with thin petition for the efforts being made to provide affordable housing, changing the lioninge froA»cisiIng)* family a {y~F 1j)n to theorPlanned development (PO) classification on a 13,407 acre tract beginning along the east side of Audra Lane approximately 100 feet north of the intersection of Audra and Paisley. The following ordinance was presented: NO. 83-78 INA ZONI TEXAS] ASN SAME EWASNADOPTED ASN AN AAPPENDIX TOT THEF CODE aO 69.1,1AANDS ASFSAITHE D CITY OF IMAT'BY ELY ORDINANCE ACRES OF LAND IN DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE, Chew motion, Alford second to adopt the ordinance with the exception of condition 1 and that Staff could approve the site plan, On roll Call vote Barton "aye"'aye". Hopkins "aye", Stephens "aye", Alford 'aye% Chew "aye", and Mayor Motion carried unanimously. C. The Council considered the petition of North Texas Business Park by Tom Fouts requesting a change in zoning from 90.17 to the light industrial (LI) zoning classification on a 106.83 acre tract of )and In the E. Morris Survey, Abstract 868, and the Mary L. Austin Survey, Abstract 4, Oenton County, Texas, and being generally described as located north of Spencer Road and east of Woodrow Lane. (L-1544) The Mayor opened the Public Hearing. Tom Fouts, representing North Texas Business Part spoke in favor of the petition stating the original planned development zoning for wassundertonesownership and iii never developed t Ahnortherntportion of the tract was sold, subdivided and developed as light industrial. The petitioners were asking to have the remaining acreage of the original planned development zoned light industrial. Council Member Hopkins asked If the area in question was across the street from Turbo. Mr. Fouts responded yes. PROPERTY OWNER REPLY FORMS CITY COUNCIL (Z-1805) IN FAVOR IN OPPOSITION UNDECIDED Summey Bldg Systems None Received P.O. Box 99 Georgetown, TX i !~I lu. .G 1. r 1 / ~ J e q ' k Linn- L t Al { Y Alli//Od ,3E~a .H l _3 r6 Ec, IL d C~ ~ 03 CAP a r 1T Lail, ~ UJ ~ ~t O6C~ , ftw t... l , e4l LIZ ' ' L-3 56 `4 , 38n -~r5~ 9 - P i Z Minutes May L7, 19db Page 3 DECISION: mt. Juren moved to recommend approval of MUM Seconded by Ms, Cole. Mr. Claiborne stated that he felt it was not fit for commercial or office or any other use otner than light industrial; however, he felt it was premature for a planned development. He added that he has some reservations, s ~-V'ottee was called and unanimously carried (6-0). B.r Z-18U5. Petition of Amos Schwartz Construction Company, Tn. requesting an amendment to a planned development (PD-6U). The property is located east of Audra Lane and north of Paisley Street and is more fully described as Lee Meadows Addition, Sections I and Ii, If the amendment is approved, the following changes will be made: Front Yard Setback - 25 feet Rear Yard Setback - 3U feet Side Yard Setback - Minimum of 6 feet Side Yard Setback - Minimum of 1 foot Minimum Separation Between Structures - 7 feet Eliminate Private Park Requirements seventeen notices were mailed to property owners within 2UO feet; one reply form was received in favor, one reply form was received In opposition from person not an the mailing list. PhTITIOdER: Brian Burke of durke Engineering representing Amos ccGa rtz and Jay Baientine, stated that the purpose of this request is two-fold. He said that one is to re- move the private park requirements and the second is to establish building lines to avoid constant confusion bo- tween the city, developer and contractor. Amos Schwartz stated that they originally obtained the 93 lo-;s and the original developer kept the one acre park. He said that they are requesting that it be taken out of the planned development because they do not own the land. IN FAVOR; None present. OPPOSED: None present. STAFF Rpmr : Ms. Carson statod that the property was zoned planned developpment, PU-Ud, and an ordinance was adopted August 1, 19B3, i'ne planned development allows a maximum 94 single family detached nomes with a tvpical lot size of 35' x IUU'. The 13.407 acres is predominantly vacant, but con*t:uction began on lU lots in early 19do. Sho said that the setback lnformatlon will eliminate con- fusion about development requirements and the requirements are consistent with other zero lot line developments in the City. She said that the main purpose )f the amendment to the planned development is to remove a condition from the ordinance concerning a private park. She said that the condition in the ordinance states, "Recreation or playground area shall be maintained by an approved home- owner's association and, if required, an appproprlate bond shall vo posted for future maintenance." She said that the intent was to ensure that the, City of Denton was not obligated to expend public funds for maintenance of the area, The City of Denton is not interested in maintaining a public park at this site because of its proximity to Mack Park and Lee bleatentary School. She said after dis- cussion with the Legal Departtient, it was determined that the city could not enforce a condition requiring that a homeowners association be organited. In addition the parks y~ P ; Z Minutes May 27 0 1996 Page I and Recreation Department nas stated that private parks generally are maintained for a short time only and then hecome the responsibility of tt,e City. She added that staff recommends approval of Z-1805, Mr. Pearson asked if the park was part of the original planned development. Ms. Carson said yes. Mr. Pearson ,asked if it is possible to sell off part of the planned ` uevelopment. Ms. Carson stated that It happens all the time. kEBUTI'AL: None offered, Chair declared public hearing closed. DECISION: Mr. Claiborne stated that the setbacks speci- fied are consistent with other development, He said that he voted against the original planned devel.ipment but that setbacks were a definite improvement. Mr. Claiborne moved to recommend approval of Z-1805. Seconded by Mr. Pearson and unanimously carried (b-U). c, Z-1811. Petition of Jay Salentine requesting a change Tn'ioning from the planned development district (PD-bu) to the single family (SF-7) district, The property is located east of Audra Lane and north of Paisley Street and more fully described as lot d2, block B, Lee Meadows Addition, Section I. If approved, the property may be utilized for any purpose permitted in the single Family (St-7) district by tho City of Denton Zoning ordinance, Three notices were mailed to property owners within 2UU fee.ti one reply form was received in favor, no reply forma were received in opposition. PETITIONER: Brian Burke of Burke Engineering represent- ing Jay Valentine, stated that he was available to answer questions. IN FAVOR: None present. OPPOSED: None present. STAFF REPURT: ,pis. Carson stated that in order to develop i e pproper y In the planned development (PD-6U) for resi- dential .se, an amendment has been requested to eliminate the private park requirements in the ordinance Tnis prop- erty was originally zoned as the private park in the planned development and would be unzoned if the amendment is approved. Therefore, the petitioner at the request of the City of Denton is proposing single family (SF-7) zon- ing. The property was zoned single family (SF-7) prior to being zoned planned development (PD-6u), The petitioner is also requesting a specific use permit for a day care center. She added that staff is recommending approval of Z-1811. REBUTTAL; None offered. Ch it declared public hearing closed, DECISION: Mr. Juren moved to recommend approval of 401411. Seconded by Mr. Bscue and unanimously carried (6.0). B. S-190. Petition of Jay dalentine requesting a specific use permit for a day care center. The property is located east of Audra Lane and north of Paisley Street and more a i~92L NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, 'T'EXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF • THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO APPROXIMATELY 13,4 ACRES OF LAND LOCATED EAST OF AUDRA LANE AND NORTH OF PAISLEY STREET, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE AMENDMENT OF THAT PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE NO. 83-78 BY REDUCING THE ACREAGE INCLUDED THEREIN; AMENDING THE CONDITIONS APPLICABLE TO SAID DISTRICT, APPROVING A REVISED DETAILED PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the planned development district approved by ordinance No, 83-78 on August 2, 1983, is hereby amended, by reducing the acreage withOi Said district so that hereafter said district shall include, tho land described in Exhibit "A", attached hereto and incorpora:ed by reference. SECTION 11, That the planned development district approved by Ordinance No. 83-78 on August 2, 1983, is hereby amended, by amending the conditions applicable to said district, so that hereafter the land described herein In said district shall be governed and controlled by the provisions of this ordinance, the conditions of Ordinance No. 83-78 being herein amended to read as follows: 1. Single-family detached dwellings shall be the only permitted use within the district. Overall density of the district shall not exceed 7.23 dwelling units per acre. 2, Audra Lane shall be improved from its intersection with Paisley Drive to the northern edge of the district in accordance with the standards provided for in Appendix A of the Code of Ordinances of the City of Denton. 3. Mack Drive shall not be extended northward beyond the limits of the district. 4. Sidewalks will be constructed along one side of all public streets within the district. S. The single-family detached dwellings shall maintain a minimum thirty foot (301) rear yard setback and a minimum seven foot (71) separation between adjacent dwellings. SECTION III. That Ordinance No. 83-78 is amended by adopting a revised detailed plan for the district as described herein, said detailed plan being shown on Exhibit "B", attached hereto end incorporated herein by reference, so that hereafter the district shall be governed by and developed in accordance with said revised detailed Plan attached hereto and the conditions herein contained. SECTION VI- That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of ordi- nances of the City of Denton, Texas, under Ordinance No. 69.1, as amended, is hereby further amended to show the change in the district herein approved. SECTION V. That the City Council of the City of Denton, Texas, hereby finds that such zoning 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, and its citizens. SECTION VI. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION VII. That this ordinance shall become effective fourteen (14) days from the date of its passage, end 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. K777 , CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECKETW? CITY Of DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS By l 2-1805/PAGE 2 EXHIBIT A To all that certain 12.08 acre tract of land situated in rhn Jonathan Brock Surveys Abstract Number 55, Denton County, Texas; said tract being part of acct shorn by deed to Angel Chahin, at ux and recorded in Volume 730, page 767 of Deed Records of Denton County, Texas and being more particularly iescri.' bed as follows: EGINNING for the Southwest corner of the tract being described herein at an iron pin located in the East right-of-way line of Audra Lane a distance )f 152.31 feet Northeasterly from the centerline of Paisley Street; THENCE North 20 Degrees 06 Minutes 42 Seconds East with the East line of Audra Lane 295.35 feet to a point for a corner; 'fn.nE South 82 Degrees 28 Minutes 43 Seconds East 53.25 feet to an an31: point; i':1.,ACE North 89 Degrees 51 Minutes 51 Seconds Fast 211.00 feet to a point for a corner; THENCE ,'North 00 Degrees 08 Minutes 09 Seconds West 160.00 feet to a point for a corner; THENCE South 69 Degrees 51 Minutes 51 Seconds West 207.37 feet to a point for a corner in the East line of Audra Lane; 77MCE North 20 Degrees 06 Minutes 42 Seconds East 298.96 feet with the 13ast line of Audra Lane to a point for a corner; THENCE North 89 Degrees 11 Minutes 56 Seconds East 653.62 feet to an iro: pin set in the ground at the Northeast Corner of said Angel Chahin tract; THENCE South 00 Degrees 16 Minutes 05 Seconds East 718.52 feet to an iroi pin at the Southeast corner of said Chahin tract; UENCE South 89 Degrees 24 Minutes 02 Seconds West 139.22 feet to an iro.: pin found at the Northeast corner of Lot 13, Block 7, Mack Addition; THENCE North 89 Degrees 24 Minutes 18 Seconds West 49.87 feet to an iron pin found at the Northeast corner of Lot 11, Block 3, Mack Addition; THENCE South 89 Degrees 51 Minutes 51 Seconds West 728.22 feet to the. POINT OF O BEGINNING, and enclosing 12.OU acres of land. . I EXHIBIT "B" Y.a V ~ L M.LL r Yb/M ~ 1 } w ~ a• aM L . . aMY 4 ~ 4 4- ~M' TI w r~ w " swYa fWrl.u - ;s 1 .g f w/w ea III I ~L, .R ~i LfYlll LAY Kum r W• ~OI 1 i I µ Y M .y1L. ~~c ~AM' j MU" AWO w`4AT a,eY,.Lr..,,~y ,~./~~c.".,dR'' f ewLw~wpY~ I MIaLMiL.IMa MrVra....«Y .I.~ A"*M MAYA e. ~ W eY,. Lra AVM :.•.YLe w.. MY....,,, At"AiRiM o!l+rAi,tl~ubM ROOM VOAY rMMSf4 iwf Z-1808 DATE: 07/01/06 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: PUBLIC HEARING FOR SPECIFIC USE PERMIT REQUEST 5-190 RECOMMENDATION: The Planning and zoning commission considered this item at its meeting of May 27, 1984 and voted to recommend approval of 5-190 with conditions by a vote of 5-1. SUMMARY: This is a request for a specific use permit to operate a day care center in a single family (SF-7) zoning district. BACKGROUND: The property is located in a low intensity that is slightly over the intensity standard for the area: however, the Planning and zoning Commission felt that a day care center of limited size could provide a needed service in this rapidly developing area. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT; There is no impact on the general fund. Resp lly s b itted: / Lloy Harre 1 Prepared by:City Manager e,~ Denise SpOey Urban Planner Appr x4wmv'**~ Jeff Hey et - 19 Director of Planning and Development 0204k PLOWING AND ZONING COMMlISSION RECOM E NDAT I ON TO THE CITY COUNC I L To: Denton City Council Case No.: S-190 Meeting Date: July 1, 1986 GENERAL INFORMATION Applicant: Jay Salentine 2289 Scripture Denton, Texas 76201 Status of Applicant: Owner Requested Action: Request for a specific use permit in ,a single family (SP-7) zoning district for the operation of a day care center. ` Location and SA.ze: An 0,84 acre tract located on the east side of Audra Lane approximately 2,500 feet north of Last McKinney Street (FM 426). Surrounding Land Use and Zoning: North - Vacant, single family residential; SF-7, A South - Single family residential, day care center; SF-7, 5-172 East - Vacant, school; SF-7 West - Single family residential; PD-9, SF-7, MF-1 Denton Development Guide: Area is designated as low intensity. SPECIAL INFORMATION Transportation: This tract has frontage on Audra Lane, a secondary major arterial. No street improvements will be required with this development as improvements and right of way have already been provided. One space for each employe and one space for each ten children to the parking standard for day care centers. Based on the State Depart- ment of Human Resources spacing (Case 8-190) Page Two SPECIAL INFORMATION (continued) standards of one child for each 30 square feet of floor area, 133 children could be accommodated in a 4,000 square foot structure. The developer is proposing to accommodate 100 children at this site. An adequate number of packing spaces is shown on the proposed site plan. Utilitiest A 1511 sanitary sewer line in Audca Lane has adequate capacity to serve this development. An 811 water line is located in Audra Lane but a fire flow test wilt be needed to determine if adequate flow is available for this project. 1,500 gallons per minute of flow are required for a day care center. Electric, gas, and telephone service is available to the site. Drainage: Drainage for the area was analyzed using pack runotC coefficients. A drainage study and necessary improvements will be required for development of the property. HISTORY on August 2, 1983 the City Council approved a planned development on a 13.4 acre site at this location permitting 94 zero lot line homes (typical lot size of 351 x 11.01) and a private playground/park area. The Developer who purchased these lots does not wish to maintain the park area; therefore, he is requesting an amendment to the planned development to exclude the park site from the development. Another developei is initiating a request to zone the property single law'.,ly (SF-7) and requesting a specific use permit on the site to d1:low for the operation of a day care center. ANALYSIS This site is located in a low intensity area. Day care center requests ace frequently proposed in cesidentinl or low intensity areas and it is practical to expect day care center operators to (Case 8-190) Page Three ANALYSIS (continued) choose a site that is near housing and convenient to families with small children. However, the fact that day care land uses are not purely residential in character should never be over- looked when evaluating proposals. in low intensity areas, staff applies Denton Development Guide policies which encourage some land use diversity it protection of the neighborhood and adjacent housing is provided, but discourages concentrations of multi-family, office, eommerctal, and other higher density and intensity uses. The follvving are five (5) key criteria that diverse land uses should meet when proposed in a low intensity residential area: 1) strict sitg design control Within one b g of existing low s esJdential housinq.Jq provided. This is a specific use permit request. Specific conditions and development requirements can be attach•,d before occupancy occurs. There is ample room to develop parking and a six (6) foot solid wood fence can be required along property lines abutting residences to proviue adequate screening and reduce noise levels. 2) J"_0 call density/ intensity standard is not violated. This area is under the standard by 51% based on existing land use; however, the area is over the standard by 2% based on existing zoning. This area has several projects that have approved zoning that have never been built. 3) Traffic planning ensures access by a cold actor street_9S larger and not through local low.density streets. Audra Lane, an improved secondary major arterial, provides immediate access to the subject site. 4) sutficiegt green 01!ace area for recreational facilities is Provided. A 12,000 square foot playground area is shown on the site plan tot this request. 5) Input into planning by the neighborhood. This ite7A is encouraged by staff, but it is always difficult to ascertain the degree of input solicited by the petitioner or offered by neighbors when staff is not directly involved. RECOMMENDATION The Developer originally proposed a day care center to accommodate 100 children. The Planning and Zoning Commission felt that a day care center accommodating one hundred (100) children could not be effectively blended into the area without damaging the residential character of the neighborhood. Planning and Zoning commissioners also expressed concern that the traffic and noise impac 1, of such a day care centnt could bo detrimental to the neighborhood. - i i W (Case a-190) Page lour RECOMMENDATION (continued) The Planning and Zoning Commission considered this item at its meeting of May 28, 1986 and voted to recommend approval of S-190 by a vote of 5-1 with the folinwing conditions: 1) A maximum of 40 children shall be accommodated. 2) A permanently maintained six (6) foot solid fence shall. be erected along the north, south, and east property lines. 3) No detached signs shall be permitted. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS 1. Location map 2. Specific Use Permit Site Plan 3. Approved Planned Development (PD-60) Site Plan 4. Reply Form Totals 5. Property Owner List 6. Minutes of Planning and Zoning Commission meeting of May 27, 1986 0226e r~ 77- a. I . MF-I 1I,, 1 ~ st ,~,T I 0- 4 C rrr SF. r,\1 i F-I -1 PD-111 i F-I 17 A_ , r ~ ~ w ww _ • r r { _ t - '+1 PLC - PC 9 _ "a _ ~ Paso s- 172 SF-7 ' A - ~ rrr rr.r rrr-,. ' rrriwrrr~ I MFri u WORM 0m two i. - PD-60 I f I I - I (ji W x I I r*W / r riww+r ruf ~ ~ r+wtwrwry I ~ 8~1 y I r i - - - OWING mu 1200 p. FY, IAN p, n, W.m / l cw i'~I MATO M &WA teen eq. rt. e,M p. rt, 0.09 s I l ~-.a£ a~ t. eam~ t / / - _ _ • it rq.09 I !l r~ r j j ~~0~ r~ i / i pQ \ i I1`wi V 1V / r r~1 L~ MlsdpolV~i eavlria.l ! l l/ it I;et) lo-I (IA~, f (10~ t (11, (k~ ~ i 44" Mar / I I 1 1 I I ! I! I Jo•e ,red/ r I I I fl7 I JAY MAJTIIvE 1 1 , - _ - UM O"11J1« Z~IJ IRf4 s I'D• io 0,04 Aaw &"Wmm" AAI •n ra wo v.r~ r**+*rr u. ~r - ► VI A"WOM W"I X411.1$. lrrW rr ~r VMJW, TWA* IW' tell) W6- 411+ ft"w AMP t,NN YIp VISE s- O'L j V r i I , j + j 1 i f} f { r 'Ih.Aow ~ DEVELOPMENT DEPARWENT 3 CITY OF DEN"IOtd RECEIVED JUN Q 2 MUNICIPAL. 6Li1_DING b j ~ 215 EAST Me} PMEY STREET . , DENTON. ;X. 76201 • WW1. ~t1M .Y~ ' - f!~!O P NCIy~~ +r 1A ! f 1"~S7' wlYlir r u LOr+QC•V. ► s_.+rw~.« f~ A 11 AM M \ it lMf ~ x tl 10 tNf I Q M Y~ M119 Lao 1 rTA6 N L,plf ..u I N IT-174 - t4~ • r .r t IKt A' Rio _ i all I , a.Pill -1 I ' .w t f I. f 4. l U 1 1 f » M. E se t t • • Wo ."lar" ~ 1 a ~ o r f ~ Me oft"Oll w.r ETON l E6 MF ws r l; PROPERTY OWNER REPLY FORMS CITY COUNCIL S-190 IN FAVOR IN OPPOSITION UNDECIDED Summey Bldg System None Received P.O. Box 99 Georgetown, TX r i L ' r n / P 4 Z Minutes May 27, lve6 Page 4 and kecreation Department nag stated that private parks enersliy are maintained for a short time only and then eCome the responsibility of the City. She added that staff recommends approval of Z-180S. Mr. Pearson asked if the park was part of the original planned development. Ms. Carson said yes. Mr. Pearson asked if It is possible to sell off part of the planned development. Ms. Carson stated that it happens all the time. kEH LlAAL; None offered. Chair declared public hearing closed. DECISION; Mr. Claiborne stated that the setbacks speci- f e are consistent with other development. He said that he voted against the original planned development but that setbacks were a definite improvement. Mr. Claiborne moved to recommend approval of 1-1805. Seconded by Mr. Pearson and unanimously carried (b-0). C. Z-1811. Petition of Jay balentine requestin a change nin from the planned development district (PD-ou) to the single family (SF-7) dlstrlct. The property is located east of Audra Lane and north of Paisley Street and more fully described as lot ti, block B, Lee Meadows Addition, Section 1. If approved, the property may be utilized for any purpose permitted in the single family (SP-7) district by the City of Denton Zoning Urdinance. 'three notices were mailed to property owners within 400 feet; one reply form was received in favor, no reply forms were received in opposition. PhTITIONEK; Brian Burke of Burke lingineering represent- ing~Joyy Salentine, stated that he was available to answer questions. IN CAVOkt None present. UPPOSEu: None present. STAFF kEPURT: Ms. Carson stated that in order to develop t eproperty in the planned development (PD-but for resi- dential use, an amendment nag been requested to eliminate the private park requirements in the ordinance This prop- orty was originally zoned as the private park in the planned development and would be unzoned if the amendment is appproved. herefore, the petitioner at the request of the City of Denton is proposing single family (SP-7) ton- ing. r planned was zoned to development single family PD-6u), The (SF-7) prior bein zoned petitioner is also requesting a specific use permit for a day care center. She added that staff is recommending approval of Z-1811, kEB~ UTfAL: None offered. Chair declared public hearing closed. DECISION: Mr. Juren moved to recommend approval of M117; Seconded by Mr. Escue and unanimously carried (6.0), E.r S-1y0, Petition of Jay valentine requesting a specific use permit for a day care center, The property is located east of Audra Lane and north of Paisley Street and sore P 8 Z minutes May 27, 1986 Page 5 fully described as lot 22, block b Lee Meadows Addition, Section 1, It approved, the specific use permit would allow the opperstion of a day care center in a single family (SF-7) zones area. 'fhree notices were mailed to property owners within 2ou feet; one reply form was received in favor, no reply forms were received in opposition. • PETITIONER: Brian Burke of Burke dngineering representing sy'TarenTine stated that ne felt this plan is a good lay- out. He said that they have a plan that would accommodate a 3,000 square foot building, IUU children and their super- visors as well as parking and access to the site. He said that a day care center is an appropriate use to this area. He said that the lot could accommodate a larger building. Mr. Claiborne asked about the number of classrooms. Mr. Burke stated that a floor plan had not been delineated. Mr. Claiborne asked if they had looked at state standards for the number of children. Mr. Burke stated that they had looked at standards provided by hr. Salentine concerning ratio of children to supervisors, He said that he was mostly concerned with the parking. IN FAVOR: None present. OPPUSED: None present. STAFF kbPORT: Ms. Spivey explained the history of the tract, She stated that this site is located in a low in- tensity area. She said that day care center requests are frequently proposed in residential or low intensity areas and it is practical to expect day care center operators to choose a site that is near housing and convenient to fami- lies with small cnildrt:n. However, the fact that day care land uses are not purely residential in cnaracter should never be overlooked when evaluating proposals. In low in- tensity areas, staff applies Denton Development Guide poli- cies which encourage some land use diversity if protection of the neighborhood and adjacent housing is provided, but discourages concentrations of multi-family, office, commer- cial, and other higher density and intensity uses. She said that this area is under the standard by Sit based on existing land use; however, the area is over the standard by 28 based on existing zoning. Even though most Uenton Development Guide policies have been met, staff has some reservations about this project. While a day care center may be a needed neighborhood service, one accommodating one hundred (IOU) children cannot be effectively blended into the area without damaging the character of the neigh- borhood. Even though adequate on-site parking is provided, the traffic impact of parents transporting IOU children could be substantial. She said the potential noise impact of such a largge number of children could also be detrimen- tal to a neighborhood. Fencing and adequate on-site park- ing do not guarantee protection of the netghborhood. She said that a day care center accommodating lUU children Is a business and should be located In a business area. She said that staff recommends denial of S-19U and if the Planning and Zoning Commission is inclined to approve the request, staff re^ommends conditions. Mr. Claiborne asked how far awey is the day care center on the corner of Miller and Audra Lane. Ms. Spivey stated that the day care center is one lot to the south on Paisley and this request is two lots to the north on Paisley. She added that the City/County Day Care Canter P 6 z Minutes May 17, 1986 Page 6 is also located on Paisley. Mr, Claiborne asked if there is ran elementary scnool on Paisley, Ms, Spivey said yes at '!he east end of Paisley. Mr. Juren asked how staff arrived at the mount of forty children. Ms. Spivey stated that this number was or! inal- ly submitted by the petitioner based on standards by he State Department of Human Resources. She said that 30 square feet of building is needed for each child and 80 square feet of play area is needed for each child. She sold that original play area would have accommodated furry children. Mr. Claiborne asked if the pupil to supervisor ratio depended on the age. Ms. Spivey stated that the younger the child the more supervisors are needed. Mr. Holt asked about the day care center on Sherman Drive and about the number of children it accommodated, Ms, Spivey stated that Kiddie Korral is located on Sherman Drive with approximately IOU children. Mr. Ellison stated that if a condition is pitt on the s ecific use permit for the maximum number of children, the city will have to enforce the condition because the state only looks at their standards. Ms, Spivey stated that the petitioner has enough building and ploy area to accommodate IUO children according to the state, Mr. Pearson stated that the petitioner has an option to build a smaller building to accommodate forty children, REBUTTAL: Mr. Burke stated that he is not well versed on requirements for pupil/supervisor ratio. He stated that he was concerned with parking and felt sure whatever 1s required will be provided. He said that the petitioner is looking at the 93 lots with one child per house and that there will be a need for a day care center, he said that they felt that this is a good layout and an ideal spot for a day care center, He said that their goal all along was for one hundred children and they never intended for the center to accommodate forty children. Chair declared public hearing closed. DECISION: Mr, Claiborne stated that his major objection to 5-190 is the traffic that would be attracted by the day care center. He said that he could not faveir this request. Mr, Juren moved to recommend approval of f,-190 with the following conditions: 1. A maximum of 40 children shall be accomodated, 2. A permanently maintained six (6) foot solid fence shall be erected along the north, south, and east pproperty lines. 3. No detached signs shall be permitted. Seconded by Mr. ElCUe and carried (S-1), mi. Claiborne L-y .ied no. F. FINAL RE PLAT OF BLUCXS 8 AND 9 of THE HILLSLDS ADDITION; Lots l 7 AND tl BLOCK 4 UP TN8 G. M. GRfi t; A DI- , PHiiT3T MINION AMD VANDEN'S ADDITION (Cumberland Presbyterian CETl1t''T-RSji3'7Cd3iT n , STAFF REPUkT: Mr, Ellison stated that the purpose of the replat is to remove several existing single family lot lines to establish one 17.317 acre lot. He said that the 1493E NO. AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A DAY CARE • CENTER; PROVIDING FOR THE REFERENCING OF SUCH USE ON THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 0.84 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED ON THE EAST SIDE OF AUDRA LANE, NORTH OF PAISLEY STREET; PROVIDING FOR A MAXIMUM PENALTY OF $16000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Classification and Use designation of the property located on the east side of Audra Lane, north of Paisley Street, as is more particularly shown in Exhibit "A" attached hereto and incorporated herein by reference, which is classified as a Single-Family "SP-7" zoning district under the comprehensive zoning ordinance of thu City of Denton, Texas, is hereby grant^d for the use of such property a specific use permit for a day care center, subject to the following conditions and restrictions: 1. That the property shall be developed and used in accordance with the site plan shown in Exhibit "A", attached hereto and incorporated herein by reference. 2. The dayy care center shall not accommodate more than forty (40) children at any one time. 3. A permanently maintained six foot (61) solid fence shall be erected along the north, south and east property lines of the site. 4. No detached advertising signs shall be permitted on the property. SEMON II. The Boning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69.1, shall be referenced to show the property herein described being granted a specific use permit for the use approved herein. SECTION III. That the City Council of the City of Denton, Texas hereby finds that such use 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, and its citizens. r t.' SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). Each such person shall be d,iemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION VI. That this ordinance shall becomR effective fourteen (14) days from the date of its passage, and the City Secratiary 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; CHARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADMIT DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: i S-190/page 2 rMA.•. ...AIM r•..MR.."^M.r. w.a.ti..nrn 6) I (all I/ + / w 5 j 1bl.wMt-m-xmwIL / , +r ICY i.Am 4i i4 n. 10, it. t' Imm"Mo t0 / / ~ ~ ~ ir,r H O / ~ ~ ~ ~M i s H i QED 'XII y+ "Wx I fLLf Seel JAY ~/I~6 ~tiFl Tufty up. .'rw.rtw'~n'1 MM.rTIw.w, ~yy1Y 1a1~ ~1r`. 411. k t~ OWW.l (MV %9.Rww um • M i1 DATE: 07/01/66 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: PUBLIC HEARING FOR ZONING CASE Z-1807 RECOMMENDATION: The Planning and Zoning commission considered this item at its meeting of May 280 1986 and voted to recommend denial of Z-1807 by a voto of 5-1. SUMMARY; This is a request for a change in zoning from the agricultural (A) district to the light industrial (LI) classification on a 10.5 acre tract located on the south side of E. McKinney Street (F.M. 426) approximately 300 feet west of Bellaire Street. BACRCROUND: Approval of this request would violate the intensity standard for the area and the strip commercial policy. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not ap,)l icable FISCAL IMPACT: There is no impact on the general fund. Re full a b itted : r ` Loyd Harrell Prepared by: City Manager A % Denise SpilveyO Urban Planner Approv Jeff Meyer Director of Planning and Development 0205k PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton city council case No.: 2-1807 Meeting Date: July 1, 1986 GENERAL INFORMATION Applicant: Hammett and Nash, Inc. 223 W. Hickory Denton, Texas 76201 Status of Applicant: Engineer Requested Action: Change in zoning from tho agricultural (A) district to the light industrial (LI) classification. Location and Size: A 10.5 acre tract located on the south side of East McKinney Street (FM 426) approximately 300 feet west of Bellaire Street. Surrounding Land Use and Zoning: North - Vacant, single family residential; A, PD-66 South - Vacant; LI East - Vacant; A West - Varant; A, LI Denton Development Guide: Low intensity area SPECIAL INFORMATION Transportation: Only one driveway will use allowed on McKinney Street. Parking lot design will be reviewed during building permi~. stage of development. A sidewalk will be required along McKinney Street. No access will be permi'.ted from snow Street. Ja (Case 8-1807) Page Two SPECIAL INFORMATION (Continued) Utilities: A 20" water line is proposed to the east of this project. Developer may connect onto this line if it is completed by the time of construction. If line is not completed, developer must bore under McKinney Street. In either cane, the developer must extend a 20" line along the property frontage. A 10" sewer line is proposed along the frontage of the property but exact time of construction is unknown. Developer may extend to sewer line proposed east of, this project. Electric, telephone, and gas service is available to the property. Drainage; A major drainage channel runs directly through the center of this property and a concrete channel will be required. Off-site permission and improvements will be required as there are no existing improvements down stream. ANALYSIS The Denton Development Guide designates low intensity areas as the primary residential sections of the City. This property is located in a low intensity area that is over the standard by 14 percent based on existing zoning. Approval of this request would increase the violation of the intensity policies. The Zoning ordinance was recently revised to prohibit the development of residential land uses in a nonresidential zoning districtt however, the development of office, neighborhooa service, general retail, and commercial land uses is permitted in a light industrial zoning c:istrict. Light industrial zoning is one of the least restrictive classifications in the zoning ordinance and permits some land uses that could be considered undesirable along a primary arterial. Land uses permitted in the light industrial district include amusement or commercial drag strips, commercial racing, go-cart tracks, hauling or storage companies, tire retreading or capping, gravel or earth sales and storage, outdoor storage and sales of furniture and tCase Z-1807) Page Three ANALYSIS (Continued) appliances, extraction and sale of sand, stone, or gravel, mining or storage of mining wastes, asphalt or concrete batching plants, dump or sanitary fill areas, and open salvage yards for rags or machinery. East McKinney Street (F:4 426) is a main entrance to the City of Denton. The uncontrolled growth of undesirable land uses can significantly alter the entrance to the City. Furthermore, the land uses listed above are incompatible with the existing and proposed land uses in this primarily residential area. RECOMMENDATION The Planning and Zoning Commission considered this item at its meeting of May 28, 1986 and voted to recommend denial of Z-1807 by a vote of 6-U. ALTERNATIVES 1. Approve petition 2. Deny petition; ATTACHMENTS 1. Location Map 2. Zoning Plat 3. Reply Form Totals 4. Property Owner List 5. Minutes of Planning and Zoning Commission meeting of May 28, 1986. 1376s PD- 1 ~F C IF Aa PA.i y. ~ I r CL N ' oor - ; p0-T3 y PO n'4 P0.9 PD$o A j S' 172 i w SF-7 /r rs I 1 O J~~GR 9r 1 a M F- I A I` 3NUW i MF-I .r------ - 1 ! i LI I ~ I ILL 1 i LI 0 LE ' i r r f,~' S~170 I[11UMY 11, l1A{ iDO 121111 FIIL6 We$ TO 10.541-4 ACID$ 11 tot M. YOAOt/M IDo YRT. UtTRACT N0, 14Af, It1T00 COUNTY, f1m. ALL TNAT CRITAIN TRACT 01 PANCIL Of LANO 11At to S111ATND So ?It M. YOAONOM 00ttS1, A/ATIACT .0. 1661, DDITON 001"T, TRIIA0 09110 YtL600, J1, RT AtI TO PLOYSL11 ALtt 61KARL46 COtRNA1t ON T11 210 40 RAY Of J009, 1171 Ago ottUNoto IR YOWNt LF1 PACK 170 1191 tt COID1 Of OCNT00 COONIT, TRIAL, ADD 611110 Note POt LT 11SC11109 \ At ►Ot L0Y31 CON990C1114 AT A POINT IM tt Ct11lLtOt Of 1. MCNSONRT ItIoll (P.M. 4Tt1 ON TNT WEST SOONOANT ttol Of $410 TOACIYN 9YIOIT A" TNI EAST ROUISARt LINE Of 101 Mgt L FIN COMPANY A11YI1. AIJINACt t~ t7r Elpt 11711 686*0 NMYM. AM 1 TRINCR IOYTM 07 0001011 10 NINITSS AND tt 11COg►o WRIT A Ot$TA1l2 4wtj O► 11.01 ►Rtt ALONC t1[ FAIN AIMTKY LINR TO 111 POINT Of ~J~ 3tOt NNINO IN TIE Foote RtOIT•01•YAT Of SAID 1. ROKSR0t1 {TR[t11 -.f... TNSNCI SOUTM 11 ot Acts 71 MINUIMI ANN 00 ACOI DA 9AIT ALONC Alt lMw NEAR A FEM ►INC9 OM T1A 10YTM 1T-OP•YAT OF SAID 110111 A DIST ANCI RG `./y or 117,70 /e[T t0 A tCMtt G011OIlfi THENCE 00O 07 OCCIZIS 51 N MYT/S AND A{ SECONDS Y117 ALORO AMR IRAN A A /tNCK A DI3TATAPINC9 C[ Of 577.04 ►1{T TO A 701011 ?MINCE NORTH Of Ot CAt9S IA MINOTtS Alt It SECONDS toff A 1111A1CK 10 01 /tO.71 PIES TO A POINT 10 We TOACNIN Ago Mgt { FIN CO. ~ eu9vxTi INRRCt PORTO 07 0001E91 10 MIMOT91 AND Of IICONNI RAIT ALORD IA ID SURVEY LIMP A ll$f AIC1 Of 175,61 PIN? TO TIN O R I AND CONTAINING 10.5414 ACRES OF LAND, AMt s j" b • ~ w a ,I A'R►1A1/.MAIN x h LESS 10.41NS ACRES 1 p0A0 t 10.5" At NET t , I1 M l ~ 1 q Z D c H U A/ S U R Y Y AI CLIS. •I• Iq. S. ierD i u1 7 ~ N tM~a;f q__ f1bO m _.1110 AO ALC 1 1"4 INS k=; , J l •+Aa 20NIN0 PUT 2p 11 a 7 97.r !•C. ~W 4AIRMIYT NASar Ice 11.4111 ACRES IN THE :a M1041111 111#011 •DIIgR1/tAl R PROPERTY OWNER REPLY FORMS CITY COUNCIL (Z-1607) IN FAVOR IN OPPOSITION UNDECIDED Gary D & Jaymi Dillard Ethel Walker 2520 East McKinney 709 Muth Denton, TX Athens, TX r i .17 ' • i J --C 'Mao 5 '0050 00 r 7 r ~ I ~t,p5 f • NcI inro, r , f r PZZ t, 14 r' Y 6 t Minutes May 28, 1980 Page 3 W. Claiborne stated that a curd cut 7u feet from an intersection will allow a three car stack up, ile said that less traffic problems occur with an ingress only. Mr. Podoba stated that if a circle is created through a parking lot it would be dangerous. Chair declared public hearing closed. UBGISIUNt Mr. Juren moved to recommend approval of Z-1802 wTFtt-TV two curb cuts on Fallmeadow Street and the following conditions: 1. Sidewalks shall be located along U.S. Highway 77 and Fallmeadow Street. 2. blectrlc service for the development shall be underground, 3. Sign should conform to City of Denton Sign ordinance. Seconded by Mr. Pearson. Nr. Claiborne amended the motion to restrict the southern- most curb cut on Fallmeadow Street to ingress only. Seconded by Mr. 8scue. Mr. Morris stated that there is a problem in enforcing ingress only because the city cannot regulate private property. He said that the city can make them post sign to discourage egress but cannot rnforce the condition, hr. Juren stated tnat the minimum standard for a curb cut from an intersection is 40 feet and that the developer has almost doubled the standard. Vote was called on the amendment; Aye - Claiborne, Hscue Nay - Cole, Holt, Juren, Pearson Motion failed (2-4). Mr. Holt asked why staff is requiring the sidewalks'? Mr. Pearson stated that the sidewalks will nave to be built in the future and the city will end up paying for them. Mr. Claiborne stated that he felt the curb cut needed restriction and that he could not favor the request, vote was called on original motion: Aye - Cole, Bscue, Holt, Juren, Pearson Nay - Claiborne Motion carried (5-1). d. (7-1807. Petition of Hammett t, Nash, inc., representing Leon Ziimes, requesting a change in zoning from the aggri- cultural (A) classification to the light industrial {L1) district on a 10.54 acre tract located on the south side of last McKinney Street (FM 42o) approximately 300 feet west of Bellaire Street. 't'he property is further de- scribed as a tract in the M. Yoachum Survey, Abstract 1442, If the request Is approved, the property may be utilized for any purpose permitted In the light industrial district by the City of Denton Zoning Ordinance. Fifteen notices were mailed to property owners within 200 feet; five reply forme were received in favor, one reply forte was received in opposition, and seven reply forms were received in favor from persons not on mailing lists. P 6 Z Minutes May 2d, 19b6 Yale 4 PBTITIONI!R: Leon Kimes, representing owner of property, state unit theyy requested lignt industrial zoning for many reasons. He said that they felt that this is an area where office warehouse will be needed with a market for them as well. He said that McKinney Street doesn't need any more traffic and tnat multi-faaily zoning would add to the traffic. He said that they feel light industrial zon- • ing is warranted with light industrial abuttingg upp to two sides of this property. He said that they wuuld be build- ing office warehouses tnat would be a contribution to the area as well as the city. Mr. Pearson asked why didn't they request a planned devel- opment? He said that fie felt it would be somewhat more acceptable. Mr, Kimes stated that he had no reason but that they felt light industrial covered what they wanted to do with the property. Mr. Pearson stated that the city was concerned with certain undesirable land uses that can be obtained with light industrial zoning. IN FAVOR: A. U. Simpson, representing one of the owners, statedihat it seems only reasonable that a zoning change for light industrial oe approved because of the light industrial zoning on two sides of this property, lie said that It has a road all the way around the property. He said tnat there will be no additional curb cuts, tie asked for the people in favor to stand. Approximately 2u people stood up, . u?PUSEll; Paul Malone, 408 Joshua, stated that no represen- ts three people on Joshua Street. Ile said tnat everyone lie talked to on Joshua Street is opposed to this zoning change. He said tnat the traffic during peak times is heavy and that they bought homes belleving this area would be a residential neighborhood. A member of the audience voiced concern over the dirt road around the property. STAFF REPORT: Ms. Spivey stated that the Denton Develop- ment u e esignates low Intensity areas as the primary residential sections of the City. Tnis property is loca- ted in a low intensity area that is over the standard by 14 percent based on existing zoning. Approval of this request would increase the violation of the intensity poli- cies. Sne said that the zoning ordinance was recently re- vised to prohibit the development of residential land uses in a nonresidential zoning district; however the develop- ment of office, neighborhood service, general retail, and commercial land uses is permitted in a light industrial zoning district. Light industrial zoning is one of the least restrictive classifications in the Zoning Ordinance and permits some land uses that could be considered unde- sirable along a primary arterial. Land uses permitted in ttie light industrial district include amusement or commer- cial drag strips, commercial racing, go-cart tracks, haul- ing or storage companies, tire retreading or capping, gravel or earth sales and storage, outdoor storage and sales of furniture and appliances, extraction and sale of sand, stone, or gravel, mining or storage of mining wastes, asphalt or concrete batching plants, dump or sanitary fill areas, and open salvage yards for rags or machinery. bast McKinney Street (FM 426) is a main entrance to the lity of Denton and the uncontrolled growth of undesirable land uses can significantly alter the entrance to the City. She said that staff recommends denial of Z-1807 because of the vio- lation of the intensity star. ard, incompatible land uses next to proposed and existl„d residential area, and commer- cial strip effect. V 1 Z Minutes May 28, 1986 Page 5 Ms. Jo Nash stated the dirt road around the property is Snow Street and is on a City map. Ms, Spivey stated that the road as indicated is a dirt road and is not a dedicated city street to staff's knowledge. She said that staff is recommending that it not be utilized as access. REBUTTAL: Mr, Kimes stated that they thought they would e solvrng a traffic problem with light industrial zoning. Chair declared public hearing closed. UECISIUN: Mr. Escue moved to recommend denial of Z-180 because of potential undesirable land uses with straight light industrial zoning. Seconded by Mr. Claiborne. hir. Pearson suggested that the petitioner come back to the Commission with a planned development. Ms. Cole stated that she was not against zoning of this property but that they had no control over land uses with straight light industrial zoning. She added that they should continue with keeping the integrity of the neigh- borhood. Mr. Pearson stated that there Is a lot of confusion about office warehouse and other types of warehouses, Mr. Ellison said that the petitioner needs to be specific about type of warehouses because this is a sensitive area that staff will watch closely, Mr. Claiborne said that the reply forms from the mailing lists as well as those not on mailing lists are read by lots of people. Mr. Pearson stated that he wanted the minutes to reflect that the reply form from Ms. Ann Walker was read. Vote was called and carried unanimously (6-0). C. Z-1808. Petition of Whisenant Properties requesting a change in zoning from the agricultural (A) district to the planned development (PO) classification on a ou.209 acre tract located on the south side of PM 418 (East McKinney Street) approximately 650 feet west of Loop 188, fne property is further described as a tract in the N. Yoachum Survey, Abstract 1441, and the Mary L. Austin Survey, Abstract 4. If approved, the planned development will permit the following land uses: General Retail - 2,83 acres Uffice - 2.94 acres Duplex - 112 units on 1S,10 acres with a density of 8.08 units per acre Single Family Attached - 451 units on 14.78 acres with a density of 17 units per acre Park - 4.64 acres Single Family Attached - 279 units on 16.3L acres with a density of 17.1 units per acre Single Family Attached - 57 units on 3.40 acres with a density of 17 units per acre Eight notices were mailed to property owners within 2U0 feet; two reply forms were received in favor, oo reply forms were received in opposition. Mr. Juren asked for the difference between single family attached and apartments. Ms, Spivey that the single family attached is in a townhouse format. she said that anything over 12 units per acre ii: designated as multi- family. She said that most of it is a Latter of termi- nology. July 1, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MhHHERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Utility Department Five Year Capital Improvement Plan FY 1987-1991 RECOMMBNDATIO14 The Planning $ Zoning Commission, at their meeting of May 27, 1986, and the Public Utility Board at their meeting of April 22, 1986, recommended acceptance and approval of the Utility Department $76,519,000 Five Year Capital Improvement Plan for Electric, Water and Wastewater Departments. BACKGROUND In January 1986, the Utility Staff began planning the FY 1987-91 Capital Improvements Program. This process involved forecasting needs and priorities of new facilities for the City's Electric, Water and Wastewater systems. Annual Planning Sessions were held with the board and tiie Utility Department Management Staff on January 25th and February 14, 1986, respectively. A joint meeting for public input was held with the Board and Planning and Zoning Commission on April 2, 1986. Attached document represents the results of this process. PROGRAMS, DEPARTMENTS OR GkOUPS AFNhCTBD City of Denton Municipal Utilities, supporting departments, citizens. FISCAL IMPACT See Executive Sumary attached hereto. (Bxhibit I) 4260U:22 Prepared by: C4ur l y submitt . R. E. Nelson, City Manager Director of Utilities App vve'd by R. B. Nelson, P.H. Director of Utilities Exhibit I - Executive Summary II - 5 Year Capital Improvement Plan III Minutes of PUB meeting 4/22/86 IV - Minutes of P$2 meeting 5/27/86 4260U:23 ID MYofDENTON, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE !8171566.8200 July 1, 198b His Honor the Mayor City of Denton Denton Municipal Building 215 E. McKinney Denton, TX 76201 Re: Denton Municipal Utilities Five Year Capital Improvement Plan PY 1987-1991 Dear Mayor Stephens: httached hereto please find the Utility Department's 19V-1991 Capital Improvements Plan. The Public Utilities Board and the Planning and Zoning Commission have approved this document for your review and submission to the Menton City Council. Respectfully, K. K. Nelson, Director an ay , man Department of Utilities Public Utilities Board 3695U:2 MIAL CITY OF DENTON DEPARTMENT OF UTILITIES CAPITAL IMPROVEMENTS PLAN 1987-1991 ELECTR IC- WATER-WASTEWATER AD ~l WASTEWATER UTILITIES R.E. NELSON Director Of Utilities E.8, TULLOS C. DAVID HAM Asst. Director Of Utilities Asst. Director Of Utilities Electric Divisions Water-Wastewater Divisions MANAGEMENT SUMMARY It is anticipated that utility customer and load growth will be five (3%) percent through 1988, 4% from 1989 through 1990 and 3% thereafter. This growth estimate is below the experience of the past several years. However, it is well above t1• growth in load and customers from 1960 through 1980. The projection also tracks the trends included in the QS~~g2_~elRQ_~!!_~?l~,~l!_QQ, 1985, and the Freeze and Nichols W!!!!~lRL__Qltr~~lltSQ__s~tu~y, 1986. Historically, Denton has tended to grow in spurts of one to three years, then slowing for several years. Using a lower growth rate projection than recent experience, allows staff to continue planning for additional plant capacity in an orderly manner while allowing for orderly development of necessary distribution facilities. Lead time for water and wastewater treatment plant capacity is about three years from engineering through construction. Lead time for additional electric plant capacity is about eight years. The Utility has several methods of providing short term electric plant capacity in the event that growth exceeds projections and demand increases beyond available capacity before additional base load plant may be brought on line. Among the alternatives is the purchase of gas fired turbines and capacity purchases from neighboring utilities. As peak plant capWc ty is approached at +vA r1 fi ~ g.,.._ =a ;z r_ sc: c• r.-c . =rT-s „ ~ :~x+ ' v `+rzs the water treatment plant, additional planned capacity may be moved forward or back as experience indicates to meet water requirements of systems customers. In addition to moving plant construction forward, the water service has wells available to provide some peaking capability if necessary. Wastewater treatment capacity may be enhanced through the addition of flow equalization basins to allow for more efficient use of the available capacity, and like the water treatment plant, construction may be moved forward to meet higher rates of growth. The five year capital plan for Utilities anticipates each of the above plant requirements and provides for funding to make sure capacity is in place when necessary. Of the almost a76.5 million included in the Capital Improvements Plan, for use in the planning period, $13 million is for additional water plant capacity, including a 6 million gallon per day (MOD) expansion at the present plant and at least a 6 MOD new plant to begin use of water from Lake Ray Roberts beginning in 1990. The plan includes $3.4 million for flow equalization and other improvements and renovation at the wastewater treatment plant and to begin expansion of the capacity at the plant during the planning period. The electric operations anticipate using $2.8 million for load management and customer incentives to reduce addtional plant requirements. Som* plant capacity will be developed through the construction a total of 3 megawatts of hydro power at the Lewisville and Ray Roberts dam sites, at a cost of $6.8 million. The maJorlty of the $39 million in capital funds anticipated 2 over the planning period for electric service will he required to provide distribution and transmission facilities. Electric f distribution, substation, and customer service facilities are anticipated to cost around 419.3 million dt-ing the planning period and should add about 6000 new customers. System improvements and additional street lighting will cost about 44.1 million. Improvements at the power plant, expansion of the service center and improved data support for engineering staff will cost apporoximately 44.9 million. Funding for the projected electric projects will be provided from two primary sources 1) bond funds, 425.6 million and 2) rates, $12.4 million with the balance coming from aid in construction and other sources of funds will provide 41.0 million. It is expected that rates will generally increase over the planning period from rates in 1983 returning 8.2 cents per kilowatt hour (kWh) in revenues to revenues of 9.61 cents per kWh in 1991. The rate increases are are expected to be driven primarily by increases in the cost of purchased power, which is presently going down due to short term decreases in the cost of natural gas, requiring rate increases in 1988 and 1989. Cost of debt service to anticipated to change from 0.48 cents per kWh currently to 0.607 cents per kWh in 1991, adding only about 0.2 cents per kWh during the planning period. The utility will need to sell 417.8 million in additional bonds during the planning period to maintain sufficient funds for the projects included in the electric service capital plan. The electric service debt to equity ratio will gradually mave from acurrent ratio of 36164 to 3 • ratio of'42s38. Unlike the electric service, of the 427.8 million for capital planned for the water service area the largest allocation of funds over the planning period is for plant expansion, improvement and replacement, and water storage, $16.3 million. Of the balance, $2.3 million will be paid by the developer or individual customers for service connections and new meters. An additional $1.7 million will be spent on replacing problem or substandard distribution facilities. Transmission and additional distribution facilities will cost $8.2 million. The balance, $2 million will provide additional or replacement mobile equipment and improved engineering data management support. The water service has three major funding sources 1) bond funds, $22.3 million) 2) rates, $2.7 million, and 3) aid in construction, 42.3 million, with the balance of funding requirements coming from other sources, $0.3 million. Changes in costs to the customer during the planning period are likely to increase the cost from present billing of about $1.73 per 1000 gallons to about $2.62 per 1000 gallons in 1991. The primary driving forces for water rates are the cost of Lake Ray Roberts, expected to become available as a water source in 19909 and additional plant capacity to use the Lake Ray Roberts water, scheduled to be completed in 1990. Debt service cost is expected to go from a current rate of $0.28 per 1000 gallons to $0.71 per 1000 gallons during the planning period. Total additional bonds required to fund projects during the planning period will be $13.6 million. The utility should add 4200 additional water 3a customers during the planning period. Improvements and replacements to the wastewater system are projected at 09.0 million. Plant and lift station improvements, and the initial phase of adding plant capacity are expected to cost $4.3 million. Replacement of substandard and problem collectors will cost $1.0 million. Additional collection and interceptor system will cost $3.7 million. Developers and individual customers will pay about $0.25 for new services. The balance will provide improvements to the municipal laboratory and additional or replacements for mobile equipment. Wastewater rates are expected to remain relatively stable over the planning period, with an increase anticip4ited for 1988. Debt service costs will increase an a per month per residential customer basis from an average $2.87 per residential customer-month in 1988 to $3.61 poor residential customer-month in 1991. Bond fundm required for the planning period are $7.3 million with bond sales of $8.0 million required during the planning period. Rates will provide an additional $1.9 million and aid in construction and other funds will each provide $0.25 million. An additional 3,200 wastewater customers will come on line during the planning period. Respectfully submitted, R. B. Nelson. Director 3b EXHIBIT I ELECTRIC DEPARTMENT FY 1987-91 PROJECTS Projects Est. Cost LEWISVILLE HYDRO (2MW) $30953,000 RAY ROBERTS HYDRO (1MW) $2,9150000 POWER PLANT IMPROVEMENT/REPLACEMENT $20545,000 EXTENSIONS FOR NEW CUSTOMERS (7724) $149101,000 IMPROVEMENTS TO DISTRIBUTION SYSTEM $103030000 MOTOR POOL /TOOLS 8 EQUIPMENT $107590000 SUBSTATIONS $3,5651000 METERING $987,000 CUMNIUNICATION/SCADA $100640000 STREET LIGHTING $8130000 MISC. OFFICE FURN/COMPUTER ASSESSORIES $S30,000 LOAD NIANAGEMENT/CUSTOMER INCENTIVE $2,8179000 SERVICE CENTER EXPANSION $4409000 COMPUTER MAP AND DESIGN SYSTEM $600,000 ACQUISITION OF ELECTRIC FACILITIES $10000,000 DOWNTOWN SQUARE RENOVATION $6040000 ■m+ammmmma TOTAL FY 87-91 CIP $38,9660000 i 4 WATER/WASTEWATER FY 1987-91 PR7TjRT5 Projects Est. Cost UPGRADE EXISTING WATER PLANT $4,000,000 CONSTRUCT NEW WATER PLANT (6MGD) $90270,000 (total 12MGU cost $189540,000) ADD NEW WATER PUMPS $330,000 REHABILITATE WATER WELLS $1100000 GROUND/ELEVATED STORAGE TANKS $20600,000 OVERSIZE WATEk LINES $1,0000000 NEW WATER LINES $4,246,000 REPLACE WATER LINES $107S4,O00 OVERSIZE SEWER LINES $19000,000 NEW SEWER LINES $2,6950000 REPLACE SEJWER LINES $9860800 EgUALIZATION BASIN $105500000 PLANT RENOVATION (WWTP) $8501000 UPGRADE EXISTING LIFT STATIONS $3509000 SEWER PLANT EXPANSION (MGD) Phase 1 $1,0000000 LABORATORY EXPANSION $100,000 LABORATORY EQUIPMENT $1221500 MISCELLANEOUS (TAPS, EQUIP, REPLACEMENT, ETC) $4,3379700 MOBILE EQUIPMENT $102820000 rwsuaammoxx TOTAL FY 87-91 CIP $3705840000 i i 5 Exhibit III 18-Apr-86 Total Funding Requirements 1987-1991 Capital Improvements plan Dollars x 1100 F Y Total Ending Electric Water Wastewater Utilities 1986 * 449726 429248 $810 $79764 1987 89121 7,401 39720 1,99242 1988 109726 3060 29071 16,157 1989 61378 7,971 1,221 13,570 1990 69202 39916 19608 13,726 1991 79509 39184 19132 ll 825 Total for FY 87-91 $389936 $27,832 $9,752 $76r319 50.9%. 36.4% 12.7% 100.0% * 1986 amounts not included in totals 6 Erhiblt IY FwWing Re"ireseats 1981.1991 Capital leprorewtr Plan Dollars r 1000 Bond Funds Revenues F Y Total F Y Total Ending Electric Mater Masterater Utilities Ending Electric Mater Mast"Ater utilities u. ........r V.M. VY 1986 + $39306 111058 $441 114,806 1986 a 11,273 $737 $263 12,175 1981 5,108 61066 21944 14,118 1987 21838 170 693 41401 1988 71829 2,270 11330 11,429 1981 2,678 637 597 39912 1989 31497 61910 790 11,197 1989 21739 393 320 31454 1990 41131 41750 11220 10,108 1990 11816 461 273 2,560 1991 31004 21330 11023 81379 1991 21313 329 52 21694 Total for Total for FY 81.91 $25,576 $22,346 17,309 $55,231 FY 81.91 112,384 $1,692 11,935 117,010 4613% 4015% 13.21 100.0% 72.81 1511% 11141 100.01 Aid In Construction Other Funds F Y Total ---F Y..... Iota! Ending Electric Miter Masterater t"tiiities Ending Electric rater rasterater Utilities 1986 + $110 1400 1150 $560 1986 + 137 $51 $33 $143 1987 122 400 50 572 1987 53 65 33 151 1988 120 400 50 570 1988 99 33 94 246 1989 94 500 50 644 1989 48 166 61 275 1990 106 300 50 636 1990 142 103 65 4112 1991 30 500 SO 580 1991 162 5 5 112 Total for Total or FY 17.91 $412 $29300 ki' . 13,012 FY 87-41 0504 $444 $261 $1,256 15161 16.1% 0. St 100101 40.11 39.31 20.51 100.01 + 1986 :Dorms not inclrhl is totals t g Exhibit V Anticipated Bond Saes 18-Apr-86 Dollars X 1000 Electric Water Wastewater Total F Y Bonds Bonds Bonds Bonds Ending Sales Sales Sales Sales 1966 $0 $0 $0 $0 196,11 0 0 0 0 1988 89700 91100 29400 17,800 19F9 0 0 0 0 1990 99100 79100 21600 16,200 1991 0 0 0 0 Total $179000 $169200 $59000 $349000 Exhibit VI Bond Fund Analysis Funds Flow 18-Apr-86 Dollars X 1000 Electric Electric Electric Mater Water Water F Y Bonds Bonds Bonds Bonds Bonds Bonds Ending Used Available Sales Used Available Salts 1986 • $2,347 $10,500 $0 $19348 $81000 "-__--$0- 1987 59108 81200 0 61066 6,700 0 1988 71829 31100 8,700 29270 600 9,Sa0 1989 31497 41000 0 61910 71400 G 1990 41138 500 91100 41750 500 71100 1991 51004 51500 0 2,150 21900 0 Total $27,723 $17,800 $23,e94 $Fb,200 Wastewater Wastewater Wastewater Total Total Total F Y Bonds Bonds Bonds Bonds Bonds Bonds Ending _-Used--- Available --3a -lti Usea Available Sales 1986 * $442 $3,500 - JO_ f2,:'1? $229000 M jU_ 1987 20944 3,100 G 5,: i3 18,000 0 1988 1,330 200 29400 16,'--:9 31900 20,100 1989 790 1,300 0 3,4"r7 12,700 0 1990 11220 500 2,600 11,:'8 11500 18,800 1991 11345 1,900 0 5,004 10.300 0 Total (8,071 $50000 $44,123 $399000 9 fr Exhibit VII Unit Costs of Debt Service and Total Revenues 1987-91 Capital Improvements Plan Elictric Service F' Y Avg N Tot SalesTat Sales Avg Rev Avg D S ERated Ending -Cult ---RWh..- Revs- _kWh- kWh Change 1996 27,594 669,172 $53,032 $0.0793 $0,0048 - 0.0% 1997 28,974 702,631 54,644 0,0778 0,0046 -119% 1988 30,42, 737,762 65,573 O.OBB9 0.0051 15.0% 1989 31,639 7679273 73,769 0.0961 0,0034 815X 1990 320905 797,964 76,720 0.0961 010064 0.0% 1991 34,221 829,882 79,789 0,0961 010061 0.0% Water Service Sales Expctd F Y Avg N Tot SalesTat Sales Avg Rev Avg D S Rate Ending -Cust (91Xi000) Revs /1000 gal/1000 gal Change Vh $986 17,611 31625 $6,346 $1.75 $0.39 1987 18,500 31806 7,616 2.00 0.36 13.0% 1988 199400 34996 91900 2.48 0.62 25.07, 1989 20,200 4,136 101296 2.48 0.38 0.0% 1990 21,000 41322 11,223 2.60 0.74 5.07. 1991 21,800 41452 11,672 2.62 0.71 O.OX Wastewater Service Avg M Monthly Monthly Expctd F Y Res Res Avg Rev Debt Ser, Rate Ending Cult's -Rev's /Res -Cus /Res-Cas Change 1986 13,321 $11850 $11.57 $3,16 0107, 1987 13,987 1,942 11.37 2.94 0.0% 1999 14,687 21173 12.34 3.!4 7.0% 1089 159274 29262 12.34 3.31 0.0% 1990 15,895 2,353 12,34 3,78 0,0X 1991 16,520 29447 12,34 3.51 0.0% r, 10 Exhibit VIII DEBT TO EQUITY ANALYSIS if M 1000) 18-Apr-B6 Electric Water M Wastewater Fiscal Year Dollars Ratio DollarsRatio------ Ending Debt ► Equity Debt tEquity Debt $ Equity Debt t Equity - - _ _ _ 1983 $21460 r $38,364 36 r 64 $17,984 t $32,495 36 1 - - 64 1986 $20,633 t $;e,581 33 t 63 $17,166 t $33,674 34 s 66 1987 119,407 t 140,262 33 1 67 $16,348 t $34,226 32 t 66 1988 $27,160 t $41,732 39 t 61 $26,529 t $34,433 44 s 56 1989 $23,773 $43,219 37 s 63 $25,491 t $34,i1S 43 s 57 1970 $339366 I $143,138 43 s 5T $331953 t $34,066 50 t 50 1991 $31,780 t $440739 42 s 59 $32,725 r $33,425 49 $ 51 System Total Fiscal Year Dollars Ratio Fnainq Debt i Equity Debt ; Equity 1985 $39,844 i $70,830 ,b 64 1986 $37,799 s $72,255 34 06 1987 $359754 s $74,488 3z 68 1988 $53,109 s $76,165 41 ; 59 1989 $319264 $ $17,334 41) : 60 1990 067,319 i $77,804 46 r 54 1991 $64,304 1 $78,164 45 35 UTILITY SYSTEM PRO FDRMA 1DOLLARB X 1000) 16-Apr-Bb Act FY FY FY FY FY FY FY REVENUES 1985 1996 1987 196a 1989 1990 1991 r..... . r..... .....r Electric Sales $58,123 $53,032 $54,644 $65,373 $73,769 $769720 $79,789 Electric Mite 11952 924 573 913 678 521 325 Tope k Other Off Sys, 91824 120991 79655 111540 9,949 9,781 9,781 Water >r W/W Sales 9,513 11,385 12,906 159825 160456 17,631 189337 Water 6 W/W Mist 697 868 695 11091 812 11226 981 TOTAL REVENUES $80,214 $79,220 $76,475 $94,931 $1011567 $1059879 $109,213 EXPENDITURES P;rsonal Services $4,691 $69356 $7,138 $7,715 $9,488 $9,26F $10,123 Supplies 576 704 747 792 839 889 943 Purchase Power & Fuel 52,029 50,246 479776 609122 659232 670811 67,811 Production Power W/W 1,162 1,193 19183 11344 19492 1,571 1,665 Maintenance 11530 21509 2,052 21175 21306 29444 2,391 Services 720 11250 1,325 1,404 19485 11574 11669 Purchase Water 705 903 980 737 332 294 794 Ins 6 Sundry 204 727 773 822 874 930 989 Administrative Trans 2,073 2,184 21368 21567 21783 3,017 31271 Ray Roberts Pests 0 0 0 1,878 1,962 1,986 11924 TOTAL OPERATIONS 1639689 $66,274 $64,341 $79,667 $83,723 $89,685 $919279 NET OF OPERATIONS $169525 $12,946 $12,1j4 115,265 $15,844 $16,195 $17,934 NON OPERATING EXPENDITURES Debt Service $49784 $5,809 $5,762 $7,685 $7,968 $9,979 $9,879 Capital Improvement% 11526 21276 3,219 3165 31542 3137E 2,817 Other 113 100 110 !l; 1I0 I;0 Ito Bad Debt 544 684 546 636 738 767 798 Return on Investment --21424 --29409 _-2,537 21368 21632 21610 21651 TOTAL NON-OPER EXP $90391 $11,278 $12,234 $149712 114,990 $16,842 $16,255 r Y TOTAL EXPENDITURES $73,080 $77,552 $76,575 $940378 $100,713 0106,527 $107,335 sssasas 2928062 sssssas assssaa lasses* gaseous s286208 NET GAIN 1LOSS) $7,134 $10668 4100) $553 $854 ($648) $1,679 12 UTILITY SYSTEM PRO FORMA CHANSE0 (Changes art net of "Projected Growth") + .............r_.............. r.................. + PROJECTED GROWTH 1 510% 5,01 510% 4.0% 4.OX 4,0% S ......_..........r__.-rr ..........................r...-_..... FY '86 FY '87 FY '88 FY '89 FY '90 FY 91 REVENUES 4-------------------------------------- Electric Sales 1 -8.7% 3.01 20.0% 12.3% 4,0% 4.0% ! Electric Mile 1 -32,6% -37,8% 3816% -25.7% -23.1% -37.6'% S Tape 4 Other 044 Sys. I 32.2% -41.1% 50.0% -14.6% -0,7% 0.0% ; Water & W/W sales 1 1819% 13.4% 22.6% 4.0% 7.1% 410% Water t W/W Misc ; 14.5% -13.0% 50,4% -24.4% 55.OX -20.0% ; TOTAL REVS 1 -l,3% -3.4% 24.1% 7.0% 4.3% 3.1% S r--r-__-------------+ EXPENDITURES Personal Services 1 39.8% 8.9% 819% 9.2% 9,2% 9.2% supplies 1 22,4% 6.OX 6,4% 6.4 6.4% 6.0% Purchase Power & Fuel 1 -3.4% -4,9% 23. OX 8.5% 4.0% 0.0% ; Production Power W/W ; 2,7% -0.8% 13161 10.0% 6.0% 6,0% 1 Maintenance ; 64,0% -18.2% 6.0% 6,0% 6.0% 6.0% Services 1 73,7% 6.0% 610% 5,8% 6.0% 6.0% S Purchase Water s 28.3% 8.3% -19,7% -53.2% -16,6% 0.0% S Ins & sundry 1 235.7% 6.3% 6.4% 6.4% 6.4'% 6.4% ; Administrative Trans 5.4% 8.4% 9.4% 8.4% 8,4'% 8.0, Ray Roberts Pmts ; NA NA NA 0,2% 0, 2'% 2.0% 1 TOTAL Of EXP9 ft 2,9% ----23,8% -',.7.6'/. TOTAL -.--1,8% NON OPERATING EXPENDITU ----_______________-r-___-_--__--_-_---- Debt Service + 21.4% -0.8% 3.7% 25.6% -1,0%Capital Improvements 1 92,E% 1119% -4.1% -4,7% -16.6% c Other 1 -11.1'% 10.0% 0'% 0.0% 0.0% 0.0% Bad Debt 25,7% -20.1% 2G, 0% 12,5% 4,0% 4,0% 1 Return on Investment -0. 6% 5.3% 1,2% 2.7% -0, 7% 1.8% TOT OP & NON OP EXP 2.0% -7.1'% 18,1'%. 2,7% 1.8% -3.+)% Debt Service & Band Issues Bond Debt Service Sales Fr '85 FY '86 FY '87 FY FY '89 FY '90 FY '91 Series I9B3 25,279 31314 3,198 3,195 21778 39105 21944 21944 - 1984 0 0 0 0 1) 0 0 0 1985 21,500 1,469 29612 21567 2,54 29479 2,433 21414 1986 0 0 0 0 1) 0 0 0 1987 0 0 0 0 ) 0 0 0 1988 199300 0 0 0 293:6 29277 21239 29200 1989 0 0 0 0 0 0 0 1990 181800 0 0 0 0 0 2,256 29218 19%1 0 0 0 0 0 0 0 0 .r_w- wr.r_ ..w.. .r... ....r 64,879 49784 51809 31762 71578 79862 91874 91777 13 Milo. ELECTRIC SERVICE PRO FORMA I! x 1000) l8•Apr•06 Act FY FY FY FY FY FY FY 1985 1986 1987 1988 1909 1990 1991 NET SALES (mWh( 649,444 669,172 702,631 7379762 7679273 79 7,964 829,882 Rev C/KWH 8,20 7.93 7.78 8,69 9141 9161 9.61 REVENUES Residential $11,637 $19,210 $19,749 $23,699 $26,661 $27,720 128,837 Commercial 319874 309124 30,941 37,129 41,770 43,441 45,179 Governs 3,190 31011 31217 31860 41343 41517 41697 Other El Sales 552 707 737 884 995 1,035 11076 TMPA Coverage Rot 5,108 59057 51929 61084 6,416 61307 69307 TMPA Surplus 49870 31619 0 20371 0 0 0 Wholteale Capacity 11707 923 0 0 0 0 Off Sys Sales 29930 21590 1,726 31086 31433 3 474 3 474 Inter (Earned) 11141 300 250 587 352 X196 0 Other 811 424 325 325 325 325 - - _ _ _ 325 TOTAL REVS 69,899 66,968 62'874 78'025 84,297 PUR POW 6 FUEL 87, 22 89,895 Cent11KWH 6.01 5.71 5.71 6,39 7,22 7,i6.99 EXPENDITURES Personal Services $2,565 $49012 14,413 $4,854 $5,340 $5,814 $6,461 Supplies 236 323 343 363 385 408 433 Purchase Pow 6 Fu 52,029 50,246 47,776 60,122 65,232 67,811 679811 Maintenance 608 11375 830 901 735 19012 19073 Services 375 607 644 692 723 767 813 Ins It Sundry 151 165 175 186 197 109 221 Admin Transfers -•1,268 --11314 --11420 1,533 1,656 11788 19931 TOTAL EXPS 157,2;2 $58,043 $55,620 $68,642 $74,488 $77,869 $78,744 - - NET OPER REVS $12,667 $99925 47,254 $9,383 49,808 $1,153 111,152 DEBT SERV COVER 4.52 2.76 2.26 2.49 2.47 1.80 2,22 CAP AND OTHER NON OPER EXP Capital Improvemcnt 1931 11,273 112,141 $2,659 $2,817 $2,402 $2,402 Debt Service 21804 31233 31211 31770 41140 51091 51034 Other 100 100 110 110 110 110 it0 Bid Debt 544 684 546 656 738 767 799 Rot On Inv Trans 11690 10689 1,767 11736 11763 11689 1,689 TOT NON OPER EXP $6,069 $69979 -$7,775 -$8,930 -$1,568 $100059 $10,033 TOTAL EXPENDITURES $639301 $65,022 $63,395 117,372 $84,056 $07,929 $08,776 assume Eugene Eugene Samoan museum 2*E400 alleges NET GAIN (LOSS) $69598 $1,946 141521) $453 $240 ($906) $19119 DEBT SE11V1CE IKON (C) 0.430 0.410 0,460 0.310 00340 0.638 01607 ELECTRIC SERVICE PRO FOAMA (Changes are net Of "ProJected Growth") i + PROJECTED GROWTH 1%) 1 5.0% 3.0% 510% 4.0% 4,0% 4,0% 1 + FY '06 FY '87 FY '88 FY '89 FY '90 FY '91 REVENUES Residential 1 3.2% -1.9% 15.0% 915% 0.4% 010% 1 Commercial I -LO.GX -1.9% 1510% 813% 0.0% 010% 1 governs 1 -11.0% -1.9% 1510% 8.5% 010% 010% 1 Other E1 Sales 1 17.0% -1,9% 13.0% 8.5% 0.0% 0.0% 1 inter (earned) 1 -133.3% -105.0% 52.4% -70.7% -04.0% ERR I Uther 1 -96.1% -35.5% -5.0% -4.0% -4.0% -4.O% I TOTAL REVS I -9,4Xr- -11.5% -----14,4%-----3.4X - -0.9X O.S% ' + EXPENDITURES Personal Services 1 51.4% 510% 3.0% 6.0% 610% 6.0% i supplies 1 32.3% 110% 1.0% 2,0% 2.0% 210% 1 Purchase Pow and Fu 1 -8.4% -9.9X 20.8% 4.5% .0% -4.0% 1 Maintenance I 121.0% 1.0% 1.0% 2.0% 2.OX 2,0% 1 Services 1 56.8% 1.0% 1.0% 210% 2.0% 2.0% 1 Ins, w Sundry 1 4.4% 1.0% 1.0% 2,0% 2.0% 2.0% 1 Ads Trans I -1.3X. 3.0% 3.0% 4.0% 4.0% 4.0% 1 ---------------------------------------------------------3 TJrAL OP EXPS I -3.6% -9.2% 18.4% 4.3% 0.5% -2.9% 1 CAPIT AND OTHER NON 0 I + Capital Improvement I 31.8% 63.2% 19.21. 119% -18.7% -4.0% 1 Debt service 1 1013% -5. 7% 12.4% 5.8% 19.0% -5.1% I Other 1 -5.0% 5.0% -5.0X. -4.0% -4.0X, -4.0% 1 Bad Debt 1 20.7% -23,1% 15.0X. 8.5% .0% .0% 1 Rot on Inv Trans 1 -5.0% -0.4% -6.8% -2.4% -8.2% -4.0% 1 TOT OP S NON OP EXP 1 10.0% 6.4% 9,9% 3.1X. 1.1X: -4.3% I Debt Service 6 Bond Issues Bond Debt Service Salle FY '85 FY '86 FY '87 FY '88 FY 09 FY '90 FY '91 Series 1983 16,432 21134 2,079 21077 11611 21018 11914 11914 1984 0 0 0 0 0 0 0 0 1985 9,300 649 19154 1,134 11115 11096 11076 11035 1986 0 0 0 0 0 0 0 0 1987 0 0 0 0 0 0 0 0 1989 80700 0 0 0 1,044 11027 11009 992 1989 0 0 0 0 0 0 0 0 1990 91100 0 0 0 0 0 1,092 1,074 1991 0 0 0 0 0 0 0 0 43,732 29804 39233 31211 31770 41140 51091 51034 i 15 WATER SERVICE PROFORMA (1 x 1000) 18-Apr-86 Act FY FV FY FY FY FY FY 1985 1986 1987 1985 1989 1990 1991 ---wrr -r---- rr--r- wr- MILL SAL SALES 31432 3,625 3,806 30996 40t56 41322 -41452 Cost/1000 8al% 1.38 1.75 2.00 2.46 2,48 2.60 2.62 --w--------r-r--- ----r -,.rYr -err- - REVENUES Residential 21330 31227 3.873 51035 5,236 31707 51936 Ccoeeercial 21157 21817 3,380 41394 4,370 41981 5,180 Resale 190 199 239 310 323 332 366 Other Sales 98 103 124 161 167 183 190 Non Operating 338 660 446 832 553 957 701 - r - ft- ft Y TOTAL REVS 51113 7,006 81061 10,732 10,849 12,180 19,373 EXPENDITURES Personal Services 1,259 19465 11338 11615 1,712 1,815 11924 Supplies 230 231 246 261 277 294 311 Production Power 657 637 631 681 736 795 858 Maintenance 671 876 929 984 11043 11106 11172 Purchased slater 705 905 980 784 332 294 294 Services 161 332 373 395 419 444 471 Insurance and 5undr 18 499 529 561 595 630 669 Admen Transfers 601 435 470 507 348 592 639 Ray Roberts Pats 0 0 0 1,876 11882 1,886 11924 TOTAL EXPS 41304 51422 51696 19671 71565 71856 x81261 - r--r NET OPER REVS -809 -19584 21365 31061 x3,285 4,324 4,111 DEBT SERV COVER 0.84 1,13 1.70 1,24 (.36 1,35 1.29 CAP1T AND OTHER NON OP Capital laproveeent: 441 737 445 437 397 461 329 Debt Servica 967 11406 l,3EI8 2,463 2,416 3.214 3,181 Other (special Proj 13 0 0 0 ) 0 Bay Debt 24 32 38 50 51 56 58 Rot On Inv Trans 339 360 385 392 375 377 390) TOT NONOPER 1,784 x21534 21255 3,344 ,5,239 41108 -30959 - TOT OFER 0 NON OPER E 69088 71956 719.51 !1,015 10480{ 11,964 121221 Samoan easose ■esss■ mosses 83221112 mmeese Samoan NET BAIN (LOSS) ($975) ($950) $110 ($203) $46 $216 $152 Debt Cost /1000 gal $0.280 $0.390 $0.360 $0.620 $0.580 $0.740 $0,710 16 i WATER SERVICE PROFORMA CHANGES (Changes are net of "Projected Growth') ' +.rr .....................r.....................• r...r .rr.+ PROD CTED GROWTH ix) 1 360% 510% soot 4,01 4.0% 4,0% t 0....................r FY '86 FY '87 FY 'GG FY '09 FY '90 FY '91 REVENUES Residntial 1 3313% 1510% 23,OX 060% 5.0% 0.0% 1 Commercial 1 25,6% 1514% 25.0% 0.0% 510% 0.0% Resale 1 .0% MAX 25.0% 0.0% 510% 0.0% t Other Sales 1 ,0% 15.0% 25.0% 010% 5.0% 0.0% 1 Non Operating 1 9010% -37.5% 8116% -37.3% 6910% -30,7% 1 TOTAL REVS 1 32.0% 10,1% 28.1% - 1 2,9% Bost -2.4X , FY '86 FY '87 FY '88 FY 'e9 FY '90 FY '91 EXPENDITURES + Personnel Services t 1113% 5.0% 3.0% 6.0% 610% 6.0% I Supplies ! -4.1% 1.4% 1.0% 2.0% 2.0% 2.0% 1 Production Power 1 -310% -1.9% 1310% 815% 0.0% 0.0% I Maintenance 1 25.6% 1.0% 1.0% 2.01 2,0% 2.0% 1 Purchased Water 1 23.3% -1.0% 2.0% 30.04 3.0% 3.OX t Services 1 113,8% 110% 1.0% 1.0% 2.0% 2.0% 1 Insurance and Sundr 1 2607.9% 510% 510% 610% 6.0% 610% ; Admin Transfers I -32.7% 5.OX 5.0% 6.0% 610% 6.0% 1 TOTAL OP EXPS 1 21.0% 0,1X 29.7%, -5,4% -0.2% 1.2% I ------------r---.--------...------------. F'! '86 FY '87 FY '88 FY '89 FY '90 FY '91 CAPIT AND OTHER NON O + Capital Improvement 1 62,3% -4417% -6.7% -13.2% 12.1% -3,'.6% 1 Debt Service I 40.3% -6,3% 72.7%, -6.0% 29.0% -5.0% 1 Other(Special Proj) 1 -105,0% NA NA NA NA NA t Bad Debt 1 27.9% 15.0% 25,0% .O% 510% .O% 1 Rat On Inv Trans 1 1.1% 2.0% -3,3% -8.3X -3.3% -0.6% 1 TOT OP 6 NON OP EXP I 37.1% -16.0% 43,3% -7,1% 22.8% -7.6% 1 + - - - - - - - - - - - - - - - - - - - - - w w - - - - - - - - - - - - • • - - - - Debt Service 6 Bond Issues Bond Debt Service Safes FY '85 FY '86 FY '87 FY '88 FY '89 FY '90 FY '91 Series 1983 21949 387 373 373 376 362 343 -_-343 1984 0 0 0 0 0 0 0 0 1985 81300 581 1,033 1,U15 998 980 963 963 1986 0 0 0 0 0 0 0 0 1987 0 0 0 0 0 0 0 0 1988 90100 0 0 0 11092 11074 10056 10037 1989 0 0 0 0 0 0 0 1990 71100 0 0 0 0 0 852 838 1991 0 0 0 0 0 0 0 0 _ ...r 27,649 967 1,406 19386 21463 21416 3,214 3,181 17 t; WASTEWATER SERVICE PROFORMA I$ x 1000) 19-Apr-ab Act FY FY FY FY FY FY FY tA85 1986 1987 1998 t989 1990 1991 TOTAL ANN COST SILLS 178,905 181,745 197,133 206,989 2139269 223,879 232,833 RES ANN CUST SILLS 152,242 159,854 167,847 176,239 183499 190,620 199,245 Ay Mo'ly Cot/Res Cust 11.37 11.57 11.37 12.34 12.34 12.34 12.34 REVENUES Residential Fees $1,762 $1,850 $1,942 $29175 32,262 $2,353 $2,447 Cosmercial Fees 21804 21944 31091 31462 39601 31745 31895 Wholesale Fees 202 213 223 250 260 270 291 Intragav Fses 7 9 9 10 10 10 Other Wot. Wtr. Fees 23 25 28 29 31 32 Non Oper Revs 354 208 250 250 239 269 290 - TOTAL REVS 05,201 $5,246 $5,540 $6,174 $6,421 $6,677 16,943 EXPENDITURES Personal Services 1866 $19079 $1,187 $1,306 $1,436 )1,380 $1,738 Supplies 110 149 138 167 177 188 199 Production Power $05 536 553 f.63 746' 776 807 Maintenance 251 218 273 [90 307 326 345 Services !83 291 309 3:.7 343 363 385 Ins and Sundry 35 62 68 75 82 91 100 Adsin Transfers 203 435 479 526 579 637 701 _ _ TOTAL EXPS 21133 21809 31025 31353 31671 31960 41274 NET OF OPERATIONS $3,049 $2,437 $2,315 12,821 $2,750 $2,718 $2,671 DEBT SERV COVER 3.01 2.0S 2.16 1.?5 1.95 1.62 1.61 CAP AND OTHER NON OPER EXP Capital Improvements $155 $266 1693 $5s, $328 1513 186 Debt Service 1,012 1,171 1,163 1,450 1,411 1,674 1,664 Other Expenditures 0 0 0 ) 0 0 u Bad Debt 24 25 26 ~i 31 32 33 Rat On liv Trans 395 360 385 441 495 544 572 r i, r r - - TOT NON OFTR EXP $1,586 $1,822 52,269 $2,517 $2,265 $2,763 12,355 ...rr. .r.r.. TOT OP k NON OP EXP $3,739 $4,631 15,293 $5,870 $5,936 $69723 16,629 season sweets saws: assume season e:semtw sweets NET GAIN (LOSS) $1,463 $615 $247 $304 $485 ($46) $315 DEBT SERVICE PER MONTHLY Ad sidentiai billing $2,87 $3.16 $2.99 $3.54 $3.31 13,78 $3.61 2A WASTEWATER SERVICE PROFORMA CHANGES (Changes a►e net of "Projected Growth*) , ft n Y Y Y Y Y PROJECTED GROWTH (%1 1 3.0% 3.01 3,0% 4.01 4.0% 4.0% t .......Y .IY.Yy~ FY '86 FY '07 FY '88 FY '89 FY '90 FY '91 REVENUES Residential Fees 1 010% 010% 7.0% 0.0% 0.0% 010% t Coeeercial Fees t 0.0% 010% 7.0% 0.0% 010% 010% 1 Wholesale Fees 1 0.0% 0.0% 7.0% O.OX 0.0% 0.0% 1 Intrapov Fees t 010% 010% 7.0% 010% 0,0% 0.0% Other Nit, Wtr. Fees t 0.0% 0,0% 7.0% 010% 0.0% 0.0% 1 Non Oper Revs 1 -47.2% 15,2% -3.0% -0,2% -0.1% 0.1% I ...............................Y...__...._......------------ TOTA1. REVS 1 -4.1% 016% 6.5% .0% oz ,oz 1 t EXPENDITURES Personal Services 1 19.6% 5.0% 3.0% 6.0% 610'% 610% t Supplies 1 30,4% 1.^% 110% 2.0% 2.0% 210% 1 Production Power 1 1.1% -1.9% 13.0% 8,5% 0.0% 0,0% 1 Maintenance I -2.1% 110% 1.0% 2.0% 2.0% 210% I Services i 53.5% 110% 1.0% 1.01 2.0% 2.0% 1 Ins and Sundry I 72,8% 310% 3.0% 6.0% 610% 610% 1 Admin Transiors I 109.3% 5.0% 3.0% 6.0% 6.OX 6.0% 1 I ----_23,5% ----------y TOTAL 5-8% OP EXPS •3% 3,9% 3.9% t CAP AND OTHER NON OPER _ _ Capital Improvements 1 66.8% 156.0% -19,0% -49.0% 52.3% ' -87,2% I Debt Service t 10.7X -5. 7% 19.7% -6. 7% 14.6% -4,6% 1 Other Eapeditures 1 NA NA NA NA NR NA ; Bad Debt 1 .O% .0% 1,0% 10% .0'% .0% Rot On Inv Trans i -13.9% 2,0% 9.6% 812% 519% 1.1% TOT OP M 6 NON OP EXP 1 18.9% 913% 514% 9.3% -3. 4% . Debt Service & Band Issues Bond Debt Service Sales FY '85 FY '86 FY '87 FY 83 FY '89 FY '90 FY '91 Series 1983 51898 773 746 745 75: 724 687 687 1984 0 0 0 0 0 0 0 1985 31500 239 425 418 41: 404 396 396 1986 0 0 0 0 1i 0 0 0 1987 0 0 0 0 i 0 0 0 1988 11400 0 0 0 288 283 278 274 1989 0 0 0 0 0 0 0 0 1990 21600 0 0 0 ~i 0 312 307 1991 0 0 0 0 0 0 0 0 - Y - - - - M . . i Y - - . - . 149398 11012 11171 11163 11450 11411 11674 11664 19 THIS, PAGE INTENTIONALLY LEFT BLANK 20 CITY OF DENTON 1.4 LOAD PROJECTION 1.3 1.2 1.) 1 0,9 ' O.b x c~ 0.7 0.6 065 0,4- 043 0.2 0.1 0 73 60 as so 915 00 GWH PROJECTED PEAK DEMAND 330 & GENERATION CAPABILITY 340 320 300 280 GEN. CAP. W/GAS UNITS (168 MW) 260 240 220 15% RES OJECTED PEAK DEMAND a 200- 180- 160 140- 120- 100- COMMANCHE_PEAK_02-. I.&S-MW) d0 ) 60 GIBBONS CREEK (80 MW) 40 84 a6 88 90 02 94 06 B6 00 CITY OF DENTON 30 {Water. R.qulrownent do Supply 28 26 844 Moo 24 22 20 n. 18 i6 0 r'' 14 W Noy Ros•►r• #s x rti~r a 12 14, MAD 10 6 4 c•+rl~•rw• t•~• 4.• roo 2 0 86 88 90 92 94 96 98 00 02 04 06 03 10 o Normal Rquirom•nt + Supply i Peak Day Water Requirements 40 Plant Capabilities SO Capacity 40 36 MGD 0 30 30 MGD 24 MGD ~~--yak Requirement Ox 20~ 10 0 1980 1985 1990 1995 Year Projected Wastewater Pumpage 20 and Plant Capacity 1a 1a 1d 15 48 14 Cap City 13 MG 13 12.53 IL 12 a 11 1 MGD 10.80 N o 10 use `n 8.71 a .91 y 6.8 d Plant 6 MGD y~, v;""* 4 3 2 1 0 1970 1975 1980 1985 1990 1495 2000 r Daily Pumpa9e Plant Capacity CAPITAL It MINT PLAN 3/28/N ELECTRIC UTIL1Ty PSWSCT PNWWT 3486-67 IOUNI 1 DESCAIP 1~OIf TOTAL now CURRENT MISCOLLANIOU8 r~ ~ rim AXVMW o~11EE Electric Pr94uotLon ~1 Lewisville Nydro 750,000 7620 Qpq 87-EP-2 Nlsasllansow Power Plant Equipment 45,000 0 0 0 87-EP-3 Security Pence 0 450000 0 87-SP-4 motor tool--5101 150000 0 250000 0 0 14,000 p 0 87-EP-5 eofier Peed pump 95,000 0 95000 0 6,000 87-EP-6 Pee Trans Replacement • 0 0 e7-EP-7 Comrwtsr/SCOA Roar 160,000 1600000 0 0 0 87-AP-8 Circuit Breaker conversion I5-480v 25,000 0 25,000 p 87-EP-9 400000 0 44,000 0 Convert two 13.2 0enerator Breakers 250000 p 0 0 87-IW-10 Cooling Tower I l a 1 b0,000 25,000 0 0 S7-CP-13 Sprinkler Systu+, Tram 3 4 5 0 600000 0 0 87-EP-12 30'000 0 30,000 0 say Roberts Hydm 50,000 $0000 0 0 0 Electric Distribution 67-RD- 8trest Light - Residential 650000 87-0-2 Street Light - Arterial 0 30,000 35,000 p 87-0-3 Street Light - Security 50,000 S00000 0 0 87-ED-4 overhead Distribution - Extensions 3 2500W 25,400 0 0 0 0 / mprovesents 452,000 0 440,000 12,000 Power factor Improvements 764000 0 760000 0 57-10-5 Underground Distribution-Extensions/Improvements 877,000 300 000 0 0 87-10-SA Downtown Underground - Conduit S020000 750000 0 87-10-6 Transformers/Equipment 3540000 3540000 0 0 87-lea-7 Motor Pool 946,000 500,000 146 000 0 159 000 0 0 87-BD-8 Miscellaneous Tools 0 1390000 0 20,000 a /Equipment 750000 0 750000 87-RD-9 Right-of-Nay/Easements 30,000 0 0 0 07-CO~-10 Acquisition of facilities within city Limits Sp0 000 ~'TR0 0 O e7-RD-11 Economic Feeder Conductor Replacement 0'~ 0 0 0 1800000 0 1800000 0 Electric Nateria Substations 0 -N BS-1 Au ra 8u $tat on 860,000 860 000 87-N/89-2 Kiny/Hickory 8creenlny + 0 0 0 87-N/58-3 Radio 130,000 150000 0 0 Equipment 30,000 a 0 30,000 0 87-14/58-4 SCADA Equipment 2000000 O 0 0 87-N/BS-S Meters/Associated Equipment IJS821 1000000 0 0 87-N/BB-6 Motor Pool 2000000 160,000 40,000 0 0 87-M/88-7 Miscellaneous Toole 360000 0 160000 0 20,000 67-N/88-8 Denton North Screaming lpment 420,000 0 40,000 0 800000 0 800000 0 87-M/66-9 Communication Line - Audra/Arco 0 p 87-M/1+8-10 Load Management 19'000 19'000 p 1000000 100,000 0 0 0 p 0 Miscellaneous 17 ~-b l-2 miscellaneous office Machines/furniture 55,000 0 5S+000 07-101-2 Motor pool 130000 p 0 0 87-201-3 CAD Map system 400,000 p 60000 0 70000 87-201-4 Customer Efficiency Incentive Program 400,000 0 0 330,000 ]]0000 O 0 O 87-201-5 esrvice Center 200,000 200,000 0 0 0 TOTAL 1986-87 CAPITAL IMPROVEM20fT 8,1210000 6,1081000 210300000 1220000 63,000 CAPITAL 1 * scat PLAN UNCTU.C UTILITY 3/28/96 1987-q w1meffe DisCltl PT7 oN am CURRENT NIWXUAW*W i m to Products-"' TOTAL 1,1001) may Roberts old" 2008000 200,000 p 04-0-2 Lewlevllle Hydro 30203,000 302030000 p O 0 8u-W-3 Mtw*llaneous Power Plant equipment 4S0ppp 6 0 0 WXP-1 14 A S Turbine 2500000 2$0,000 46,000 0 0 44-0-5 Motor Control for 4 A 5 units O 0 0 88-BP-6 15 Turbine siade Ar 260'000 0 250,000 0 O 1100000 0 110 0 SO-OP-7 14 !.7-Stage Turbine Rladee ,000 p SO-OP-8 Circuit Breaker Conwrslan 15-480v 275'006 O 275,000 0 0 100000 0 40,006 0 0 slscerl0 Distribution street Light - Residential (flew) 700000 0 x,000 84-ND-2 street Light - Arterial 4001100 0 WND-3 Street Light - security 501000 30,000 0 0 0 68-110-1 Overhead Distribution - extensions/Iaprov*"ntr 695,000 300,000 395,000 0 0 04-0-6 underground Distribution - extenvions/ 0 0 Improvements 1,OOI,004 4000000 5230000 88-110-8 Transformers 1,018,000 10016,000 900000 0 Capacitors (New) O 0 0 e20000 o u,ooa 6 switcbea/sgnlpment 500000 0 0 se-90-7 Miscellaneous !bole/squipment $0.000 0 p 88-VD-s 800000 0 $00000 0 0 Motor Pool 165,000 0 gy,ppp 88-110-9 Right-of-way/sasewentr 360000 0 70,000 Wgo- 10 saonoaio reader Conductor Replscerent 1830000 ~ 33,000 p 0 sB-ED-11 Aognlsitlom of lactlitles witnin City Llaits 5000000 5000000 185,000 0 0 88-e0-12 Downtown Unftrground Conductor/8wltches/Transforest 2500000 2S0,000 p 0 0 0 p Electric He-0 r tng/Substat tons 8 s - Denton abet tation 7500000 7500000 0 88-N/s11-2 Radio 11quipmest, 42 800 MMZ 8S0000 0 0 0 8MM/85-1 Netern/Associated equlpsent (1810) 229 000 180 000 "0000 0 0 q-M/s8-< Motor Pool ' ' 30,000 0 0 88-M/ss-9 Miscellaneous Toole/Equipment 540 0 3410" 0 15,000 96-N/S44 Load Management 20'000 0 28,000 0 0 Illsoellaneour 1000000 1000000 p O 0 110-T ~ Miscellanea" Computer Nurdwsrej'eofvooare 500000 p 88-64.2 Motor Pool 50,000 0 0 300000 0 160000 0 140000 110-IN-3 Miscellaneous Office Mach ines/I'urnlvue 200000 0 20$000 80-SM-4 Customer eftiolency Incentl w Program 363O 0 0 so-SM-5 CAD Ma 8" 0 3630000 0 0 0 P tt~ 2000000 0 2000000 0 0 88-11M-6 service Center 2.40,j000 240,000 p TOTAL 1967-88 CAPITAL IMPROVDaw 10072607,829,000 206760000 0 0 1200000 990000 CAPITAL IM AMM PLAN ELECTRIC UTILITY 1968-89 P80JECT P60JSCT 6011D CUIMANT MIBCELLAMNM M1Mrs6 D88CRIP'tIOM TOTAL OT1MI~ Electr Plroductiop Miscellaneous Power Plant Equipment 10,000 0 40,000 0 69-EP-2 Roberta TTy4ro 7000000 2000000 0 0 0 0 WIV-3 Poros Draft Pan unit IS 69- 85,000 0 65,000 0 0 6-4 Unit l i t Controls 201,000 0 201,000 0 0 89-iP-'3 Mayor Overhaul 44 Turbine 150,000 0 150,000 0 0 so-or-6 burner Controls Unit 14 4760000 0 4761 0 0 E3ectrlc Distribution street Light - 11ai4Lntlal 750000 0 350000 40,000 0 69-W-2 street Light - Arterial 550000 556000 0 89-6D-3 strat Light - Security 0 0 300000 300000 0 0 0 89-ED-4 Overhead Distribution - Emtenalona/Improvements 733,000 3000000 133,000 0 0 Power Factor Corrootloo to .96 40 000 0 900000 0 0 89-0-5 Underground Distribution - RxteMlons/ Improvements 100700000 5001000 5160000 510000 0 89-6D-6 Trans formers/Squipment 9200000 920,000 0 0 0 89-6D-7 Motor pool "placement 144,000 0 1060000 0 380000 89-80-6 Miscellaneous Toole/Squipmsnt 660000 0 680000 0 0 89-sD-9 Right-of-May/Eassments 400000 0 40,000 0 0 99-RD-10 Economic Pnedar Conductor Replacement 1900000 0 1900000 0 0 tYectrlc Materin substations s-I Paige s stht on Duplex 680,000 6800000 0 0 0 89-M/"-2 Radio Equipment 900000 0 "0060 0 0 89-N/1S-3 Meters/Assoolated Equipment (1526) 1860000 1520000 440000 0 0 89-M/8s-4 SCADA Equipment 1600000 1608000 0 0 0 89-M/Y6-S Motor Pool 150000 0 50000 0 101000 6!-M/ii-6 Miscellaneous Toole/Equipment 250000 0 250000 O 69-M/q-7 Load Management '1000000 1000000 p 0 0 p Mlwsl laneous I Nlaaallaneous ottloa Equipment 450000 0 450000 0 0 89-EM-2 Computer Programs 800000 0 800000 0 0 09-EH-3 Customer WtHeim" Incentive Program 4000000 400,000 0 0 0 TOTAL 1966-69 CAPITAL INPRU MEN! 60376,000 3,4970000 20739000 940000 480000 CAPITAL I! AWNT PLAN SLI:CTRIC UTILITY PROJeCT PROJeCT 1919-90 3/28/96 MINMIRR DRBCRIPtIOM TOTAL rtwo Re NI~ OTMil1 slev r c production Miiaellsneous plant Rep:acement 750000 0 75,030 90-RF-2 Power supply IS {:1,000 0 0 {3,000 0 90-AP-3 Roberta Hydro 100000000 100000000 0 0 0 0 eleotr1 Dlatrlbutloa AD- street Light - Residential 15,000 0 50,000 150000 90-m-2 street Light - Arterlsl 60,000 600000 O 0 90-0-3 street Light - "cavity 04000 330000 0 0 0 WAD-{ Overhead Distribution - rrtenslons/improvements 797,000 400 000 0 0 Power Factor Improvement ' 197,000 100 0 0 WED-S Underground Distribution - extensions/ ,000 100,000 0 0 O 90 Improvements 1,021,000 550,000 100 000 -eD-6 transformers/equipment 10013,000 9000000 ' 71,000 0 WED-7 Motor Pool RePlaoement 1180000 0 113,000 0 0 90-eD-S Miscellaneous Tiools/equipment 95 000 71,000 0 117,000 90-CO-9 might -of-way/sasements ' 0 95,000 0 0 90-90-10 economic Feeder Conductor Replacement 95'~ 0 {5,000 0 0 195,000 0 1950000 0 O eleotric Metering/eubstationa 90-N/". 1 Centro Dispatch Control Center 300,000 300,000 p b0-M/88-2 Capacitor Control 0 O 90-K/ss-3 8oreening--Locust, Airport 50,000 0 50,000 0 0 90-M/ss-4 Meters/Aesoctated ! nt 12I~ 65'~ 0 0 0 ~ Pme (15871 2120000 164,000 47,000 0 0 90-M/8s-5 Motor Pool JS1000 0 204000 90-M/88-6 Miscellaneous Toole/equipment 300000 0 300000 0 130000 90-M/s9-7 Load Management 1000000 1000000 0 0 0 90_M/"_S Aadlo Communication equipment 400000 0 40,000 0 0 0 O Miscellaneous U:W~ Computer - Hardware/software 90-RN-2 Office 80'000 0 80,000 0 0 Equipment 50 0 90-EN-3 Motor Pool '000 0 $0,000 O 25 90.134-4 ,000 0 150000 0 10,000 Customer efficlency Incentive Program {{0,000 {{01000 0 0 0 TOTAL 1969-90 CAPITAL IMPAOVtN6MT 6t202r000 1,1180000 141160000 106 r 000 1{2,000 CAPITAL IM SM. r PLAN ELECTRIU UTIC.ITv PROJECT p~~ 1990-11 3/1!/ib MUMEdI DESCRIPTION TOTAL 00110 CR'lIRREIfM! MIK=4ANWM REYtiIIIE OTMER {~ia~otrlo <+r_oduotloq '1^NP-rr IlspGaa Acid Tank for Cooling Tower 40,000 0 40,000 0 !1-EP-2 AP 1/2" Valves with 2• on 1,2,3,4 mailers 850000 p 0 91-0-3 14 Power Supply 0 0 91-RP-i NOW Mater Wwfnsrallaara 600000 0 600000 0 0 91-EP-5 Mlacsllansous Plant Replacement 2 ~p p 2~' ooo 0 0 p 91-EP-6 Cooling Tour Renovation 0 75,000 0 0 1000000 p 100 9I-EP-7 Roberta Hydro 104650000 104050000 ,000 0 0 Elsotrlc Dlatrlbutloa -ED- ftreat Light - Residential 90,000 p 91-RD-2 Attest Light - Arterial 600000 300000 0 91-RD-3 ftrNt Light - faonrlty 65 1,000 000 3565,,000 65,000 0 0 0 0 0 0 91-ED-1 Overhead 016trlbutlop - Ertenalons/ISprovaments 0)0000 200 000 3430000 Power rector Improvements 1US,000 0 lost ON 0 0 91-ED-5 Underground Distribution - Extenslons/ ' 0 0 Improvements 1.072 000 91-ED-6 Transformars/Equipment $00,000 $92,000 0 0 91-MV-7 Motor Pool 11b7'000 7500000 1170000 0 0 11-RD-0 Miscellaneous Tools~1ant 1S0 1000 ~ 000 0 0 1230000 0 1200000 91-ED-9 Right-ot-Na 100,000 0 0 y/Eassseats 500000 0 50 000 0 0 !1-ED-10 Economic reader Conductor Replacaent 2000000 0 2000000 Eleotrlo Ma-tte-.riinfubatatlono 0 p o WWI Ausrj won Duplex 7450000 745,000 0 0 91-N/"-2 Radio Equipment 40,000 0 40,000 0 91-WOS-3 Metering/Substations Equipment (1219) 1500000 1200000 30 000 0 0 91-M/88-4 am/com 0 0 91-M/LT-5 Miscellaneous Tools/Equipment 500 OW) 40' 100000 0 0 9l-M/Sf-6 lubstation Screaning 350000 0 0 35,000 0 0 00000 150,000 p 0 0 91-14/Sf-7 Motor pool 15 40,000 0 91-N/88-4 Load Management 1000000 100,000 130000 0 27,000 0 p Miscellaneous E- Miscellaneous Office/rurniture SU0000 0 91-W 2 Computer, Mardwars/Software SO'0M 0 0 91-EN-1 motor Pool 90.000 0 90,000 0 0 91-EM-4 Customer Efficiency Incentive Program 484,U'~ 444, 000 1S' ooo 0 15,000 0 0 TOTAL 1990-91 CAPITAL IMpeovsk } 7,509,000 5004,000 20313,000 30.000 1620000 April 18, 1986 1 CAPITAL IMPROVEMENT PLAN HATER G WASTEWATER UTILITY FISCAL YEAR 87 PROJECT PRWWT POND CURRENT AID - IN NUNBER DUCRIPTIOM TOTJU, FUND REVXNUE CONSTRUCTZ04 OTHER 14ater,Iastawater Administration ~'f-NIfA- CAD Mapping system 400,000 0 400,000 0 0 87-WWA-2 malls Equipment 25 000 0 2 000 Total Water/Wastawater Administration 42 r3 125, Water Production 0 -WP- Exist WIP Upgrade Construction (phase 111 4,000,000 4,000,000 0 0 0 87-WP-2 Raw Water Pump 150,000 150,000 0 0 0 87-1010-3 Pump 03 6 McKenna Park (Constant Speed) 30,000 30,000 0 0 0 87-WP-4 Water Well Rehabilitation (49 i 07( 10,000 0 10,000 0 0 87-WP-5 High Service Pump 16 150,000 1500000 0 0 0 87-WP-6 Road to Raw Water Pump Station 15,000 0 15,()()0 0 0 07-WP-7 Mobile Equipment 25,000 0 15,000 0 10,000 S1-WP-8 Plant Security Fence 15 000 0 15 000 0 0 Total Water Production 4,595"050 40330,000 5 0` O'W Water Distribution 47-W-1 Oversize waterline 200,000 200,000 0 0 0 B7-W-2 Miscellaneous Waterline 150,000 150,000 0 0 0 87-W-3 Water Tape, Loops, Meters 400,000 0 0 400,000 0 ' 87-W-4 Mobile Equlp*ont 69,000 0 14,000 0 55,000 87-W-5 HWY 377 Waterline, Acme to Hobson Lane 400,000 400,000 0 0 0 87-W-6 E. MoXinney Waterline - Loop 288 to Woodrow Lane 255,000 255,000 0 0 0 87-W-7 Heplare Fire Hydrant c Valve 50,000 0 50,000 0 0 97-W-8 Replace Waterlines/Street Program 200,000 0 200,000 0 0 87-W-9 N. McKinney Waterline - Loop 288 to Mayhill Rd. 65,000 65,000 0 0 0 87-W-10 E. University Waterline - Pell to Ruddell 66,000 66,000 0 0 0 87-W-.11 Rep. Allen to Cober WL(N of Lind,-0 6"w/8" 16,000 0 16,000 0 0 87-W-0 Rep, brlstol WL-8riatlCrl to Windsor 6"w/8" 17,000 0 17,000 0 0 87-W-13 Rep. Camden Court W.L. 4" w/8" 2,500 0 2,500 0 0 87-W-14 Rep. Windsor WL--Stuart to Sharman 6"w/8" 39,000 0 39,000 0 0 07-W-15 Rep. Sheraton WL--Imperial to Neroules 6"w/A" 51,000 0 51,000 0 0 87-W-16 FY86 Carry aver wb Improvements 600 200 600,200 0 n 0 Total Water Distribution ,58 ,7 0 1,736,000 389,5DO 400,000 55,06 CAPITAL IMPROVEMENT PLAN April 1S, 1986 2 WATER c WASTEWATER UTILITY FISCAL YEAR 87 PROJECT PROJECT BOWIE CII,o,A M AID - IN NUMBER DESCRIPTION TOTAL FUND REVENUE CONSTRUCTION OTHER Wastewater Collection 81-8-1 Oversize eewerline 2()0,000 200,000 0 0 0 87-8-2 Miscellaneous Sewerline 120, DOD 120,000 0 0 0 87-3.3 Sewer Taps 50,000 0 0 50,000 0 87.8-4 Mobile Equipment 34,000 0 7,000 0 27,000 87-8-5 Replace Soverlines/Street Program 200,000 0 200,000 0 0 87.5-6 Rep. Bolivar S.L.--Second to Unly. 6"w/HN 50,000 0 50,000 0 0 87-8-7 Rap. Robinwood S.L.--Greenwood to PalnNood b"w/B" 21,DOO 0 21,000 0 0 87-8-8 Rep. Stroud S,L,--Carroll to S. Elm 6NW/8" 40,000 0 40,000 0 0 87-8-9 Rep. Ave. C 0,L.--Lindsey 4001N 60w/8" 36,000 0 36,ODO 0 0 d7-8-10 Effluent line to TWU Golf Court 12" 500,000 500,000 0 0 0 87-8-11 FY 86 Carry Over SL Improvements 384 000 384 000 D 0 0 Total Wastewater Collection 1, 3.,000 1,204"600 354,000 50,000 27, 00 Wastewater Treatment 8 -WW- NobSlo Equipment 125,000 0 119,000 0 6,000 87-WW-2 Equalization Basin (Phase I) 50,000 501000 0 0 0 87-WW-3 Equalization Basin (Phase 11) 1,SU0,ODD 1,KD0,000 0 0 0 87-WW-4 Inlet Valve on Final clarifier 11 60,000 60,000 0 0 0 81-WW-5 N. Plant Aeration Basin Renovation 100,000 0 100,000 0 0 87-WW-6 SCADA for Lift StaLiena 30,000 30,000 0 0 0 87-WW-7 Clarifier Renovation 100 000 0 100 000 0 0 Total Wastewater Treatment 1,96 ,000 1,640,00 319"000 0 6 NuniC-pal LAbOralRe B7-ML-~ Ls Expenaion 100,000 100,000 U 0 p 87-ML-2 Lab Equipment 18,000 0 18,000 0 0 87-ML-3 Miscellaneous 2,000 0 2=000 0 0 Total Municipal Laboratory 120,000 10 ,~Op 20,000 0 0 T 0 T A L FY 87 Captial Improvements 11,120,700 9,010,200 1,562,500 450,000 98,000 CAPITAL IMP0OVf4ENT PLAN April 1986 WATER L WASTEWATER UTILITY rISCAL YEAR 68 PROJECT PROJECT BOND CURRENT AID - IN Nunn DESCRIPTION TOTAI, rtmo AEVENUE CONBTRUCTIOIi 071111111 Water/Wastewater Administration ss-MM-1 CAD Mapping System 200 000 0 .080,000 0 0 Total WAter/Wastawater Administration ? 0 ?00,000 Water Production -1 Nobile Equipment S,Ooo 0 88 0 0 5,000 -WP-2 Now Water Plant (phase 1) 950,000 950,000 0 0 0 se-WP-) Water W~11 Rehabilitation (1H c 1111 "-WP-4 100,000 100,000 0 0 0 -W/-~ New ? NO Ground Storage at Plant 600 000 6001.,000. 0 0 0 Total Water Production 1,65 J' 00 1,650 000 p K Water Distribution 86-W-1 Oversaw Waterline 200,000 200,000 0 0 0 G) 68-W-2 Miscellaneous Waterline "-W- 120,000 120,000 0 0 0 to I Replace Fowler St. Waterline 16,000 0 16,000 Bs-W-4 Replace Wilshire St. Waterline 0 0 "-W-5 Water Taps, Loops, Meters 16,000 8s-W-6 Mobile Equipment 4000000 48,000 0 0 0 16,000 0 0 400,000 0 88 0 0 0 u,000 -W-7 Nonni* Ora* Waterline 300,000 300,000 0 se-W-11 NepJace Fire Ilydrant 6 Valvo 500000 0 $0,000 0 0 0 0 88-W-9 Neplace Waterlines/Stluut Program 200,000 Bs-W-10 0 2800000 0 0 Rep, Montry, WL--Sharman to Manhattan 2%/S" 40,000 0 40,000 0 0 se-W-11 Rep, Sunnydale WL--Kings R. to Sunvallay 6"w/8" 44,000 0 44,004 0 88-10-12 Rep, Valleyvlew WL--Kimga N. to .:orivnlley li"w/H" 44,000 0 44,000 0 s8-W-13 Rep, Sunvalloy WL--Stuwrt to AtJae 6"v/u" 27,000 p 27 000 0 0 Total Water Distribution 1,505,000 620,000 43 , 0 ,000 4806 Wastewater Collection 68-B-1 Oversita Saworline 200,000 200,000 0 0 0 00-8-2 Miscellaneous 8ewarllne 120,000 1200000 0 0 0 88-8-3 Replace Monterrey Sewerline 23r000 0 0 0 ?),000 ON-8-4 Sew)r taps 500000 0 0 50,000 68-8.5 Mobile Equipment 611-11-6 Parallel Hickory Creek Sewerlina 105,0 0 p IHS 000 0 0 41,000 ' 0 0 0 88-8-7 Replace eswtlinss/Street Program 2000000 0 200,000 0 0 8s-8-8 Rep. N. Locust SL--Sharman to Univ. hr. 22,000 0 22,004 0 0 88-S-9 Rep. Lauralwood BL--Univ. Dr, to Nadwood 510000 0 51,000 88 0 -8-10 Effluent Line to mt? 12 600 ooo 600, 0 000 0 0 0 Total Wastewater Collartlon 1 ,542, 1,105,000 296,000 50,000 41,000 CAPITAL IMPROVEMENT PLAN April 1986 MATER i WASTEWATER UTILITY FISCAL VKAR 88 PROJECT PROJECT Soup CURRENT lll0 - IM MUNSER DESCRIPTION TOTAL rUWD REVERIE CONSTRUCTION OT~N[R Wastewater Treatment MW-I M s0ellsnsous 100,000 0 100,000 0 0 SB-WN-2 Innovative 6 Alternative Technology 25,000 0 25,000 0 0 S/-WW-3 Mobile Equipment 1 IaA 1 28,000 0 25,000 0 3,000 "-wk-4 Replace Return Sludge Pump 25,000 0 25,000 0 0 86-WW-S Existing Lift Station Renovation 100,000 100,000 0 0 O SS-WW-6 Effluent Flow Meter 40,000 10,000 0 0 0 SO-WW-7 New Air Blower - S. Plant 85,000 850000 0 0 0 8B-WW-8 Methane Gas Utilisation 100 000 0 100." 0 0 Total Wastewater Treatment 0 225,000-0 215:000 0 M.unl.of.~,al Laboratory Se-ML-I Lab Improvements 15,000 0 15,000 0 0 SO-ML-2 Lab Equipment ",500 0 8,500 0 0 88-ML-3 Miscellaneous 2,000 0 2,000 0 0 Total Municipal Laboratory 2S,500 0 25,500 a '_•g T 0 T A L FY 88 Capital Improvements 6,130,500 3,600,000 1,233,500 150,000 147,000 CAPITAL IMPRUV014Y1T PLAN A J,r I1 144r, WATER 4 WASTEWATER UTILITY FISCAL YEAR 99 PROJECT PROJECT 80N0 CURRENT AID - IN NUMBER DESCRIPTION TOTAL FUIW REVENUE COMSTRIXTION OfIM Mater Production B9-WP-I New Water Plant Construction (Phase 1111 4,420,000 4,420,000 0 0 0 89-WP-2 2 NO Elevated Storage 10000,000 1,000,000 0 0 0 89-WP-3 Mobile Equipment 10 000 0 9,000 0 2 000 Total water Production 5, ,425i 0;00" 8,000 Water Distribution WW-1 Oversize waterline 200,000 200,000 0 0 0 89-W-2 Miscellaneous Waterline 150,000 150,000 U 0 0 89-W-3 Water Taps, loops, Meters 500,000 0 0 500,000 0 89-10-4 Nobile Equipment - Water Distribution 161,000 0 22,000 0 1390000 to 89-W-5 Mutlle Equipment - Meter Division 32,000 0 7,000 0 25,000 89-W-6 Waterline to Prop. 2 MO E1e. Storage 500,000 500,000 0 0 O 89-W-7 A1'tport Perimeter Waterline 490,000 190,()00 0 0 0 89-We Replace waterlines/Street Program 200,000 0 200,000 0 0 89-W-9 Replace Campbell St WL-McKinney to Charles 6"w/8" 30,000 0 30,UUO 0 0 89-W-10 Replace Campbell St WL-Charles to Paisley 60w/8" 28,000 0 28,000 0 0 89-W-11 Replace Buckingham ML-Sherman to Hercules 6"w/8" 500000 0 SU,000 0 O 89-w-12 Underwood Road Waterline 160,000 150,000 0 0 0 89-W-13 Replace Fire hydrant i, Volvo 50 000 0 50 000 0 0 Total Water Uivtrlbutlun 2,541, 1,190,000 ATL,059 5000 14, Waste Water Collection 893-1 Oversize Sewerllne 200,000 200,000 0 0 0 89-5-2 Miscellaneous Sewerline 150,000 150,000 0 0 0 89-5-3 Sever Taps 50,00() 0 0 50,000 0 89-6-4 Mobile Equipment 63,000 0 14,000 0 49,000 89-8-5 Replace Johnson Street Sowerllne 6"w/12" 60,000 0 60,000 0 0 89-S-6 Underwood Road Sewertine 130,000 130,000 0 0 0 69-8-7 Replace 8ewerline/street Program 200,000 0 200 000 0 0 Total Waste Water Collection 853,000 480,000 2 0~ 000 4-fo-w Waste Water Treatment 89-WW-l Innovation t Alternative Technology 25 000 0 25/000 0 0 89-W-2 Plant Renovation 200,000 200,000 0 0 0 89-WW-3 Aeration Basin Monitors Renovation 10,0()0 10,000 0 0 0 89-W-4 Scum Removal on Band Filters 100 000 11H1 000 0 Total Waste Water Treatment 33 , 310, 0 2 Nunfcipa! Laboratory 0 89-ML-1 Lab Equipment 19,000 0 19,000 0 0 89-ML-2 Lab Improvements 12,1100 0 0 0 120000 89-ML-3 Miscellaneous 2,200 ~1.~.,~ 0 0 Total Munictpal I.aburat„ry )7,2nO 2-1,2 --6 12, T 0 T A I. rY 89 lmrlr,,vrments 9,192,200 7,700,000 715,200 640,000 227,000 April 1986 CAPITAL IMPROV90M PLAN WATER 6 WASTEWATER UTILITY PISCAL YEAR 90 VAOJRCT PROJECT BOND CURRENT AID - IN "Lawn DESCRIPTION TOTAL Rw- REVENUE CONSTRUCTION blN~ Water Production 040-1 New Water Plant Construction Iphame 111 2,950,000 2,950,000 0 0 O 90-WP-2 Mobile Cquipment 15,000 0 10,000 n 5,000 90-WP-3 2 NO Ground/Slav. Storage 0 McKenna Park 1 000 00 1000 000 0 0 0 Total Water Production HIRING 379, 10,000 0,W Water Distriboition Overall* Waterline 2000000 200,000 0 0 0 90-M-2 Miscellaneous Waterline 2000000 200,000 0 0 0 90-M-3 Water Tops, Loops i Meters 500,000 0 0 5000000 0 w 90-W-4 Mobile Equipment 300,000 0 100,000 0 200,000 a' 90-w-5 Replace Waterlines/Street Program 200,000 0 200,000 0 0 90-W-6 Replace S•vna WL-Longridge to Pembrook 6"w/H" 50,000 0 50,000 0 0 90-W-7 Replace Prmbrook WL-Sevana to Lonyridge 6"w/8" 50,000 0 50,000 0 0 90-M-8 Replace Lakey WL-Wilson to W. Prairie B"w/8- 30,000 0 30,000 0 0 90-W-9 Replace Stratford W1.-Sherman to Avon 60w/B" 21,000 0 21, QUO 0 0 90-W-10 Scripture WL-e Brae to 115 to US 360 400 000 40000L0.0000 0 Q p Total Water Distribution 1,1, 500 800,000 /41,,0003 00~ 2000 Wastewater Collautlon 06-e-1 Oversize sewarline 200,000 200,000 0 0 0 90-5.2 Miscellaneous Sewerline 120,000 120,000 0 0 0 90-S-3 Sewer Taps 50,000 0 0 50,000 0 90-6-1 Mobile Equipment 100,000 0 40,DOO 0 601W 90-5-5 Cooper Creek parallel &sweriiue 250,000 250,000 0 0 0 90-8-6 Replace Sowerlines/Street Program 200,000 0 200,000 0 0 90-8-7 W. Univ. Dr. Relief 81.-135 to Crescent St. 400 000 400 000 0 0 0 Total Wostowster Collection 1,320, 9 240,000 50,000 grow ~wat-etw~tar Treatment su-IRf-1 Mobile equipment 20,000 0 15,000 0 50000 90-MW-2 Innovative i Alt•rnatfve Technology 250000 0 25,000 0 0 90-WW-l Plant Renovation 200,000 0 200,000 0 0 90-WW-4 Co Ed Lift Station No Activatlun 200,000 200,000 0 0 0 90-WW-5 135 i u8 380 Idit Station Upyrdde 50 000 50,000 0 0 Total wastewater Treatment /9 250,000 240,000 0 5106 NunlCl tl Laborator r 21 %-L Lab Equipment 22,000 0 22,000 0 0 90-ML-2 Lab improvements 9,000 0 9,000 0 0 90-ML-3 Miscellaneous 2,300 0 2,300 0 0 Total Municipal Laboratory 33,300 0 13,300 0 0 T 0 7 A L rY w Capital Improvements 7x764,300 5,970,000 974,300 550,000 270,000 April 1986 CAPITAL IMPROVEMLVT PLAN WATER i WASTLWATCiI UTILITY FISCAL YEAR 91 POWECT PROJRCT NOI1D CURRENT AID - IN HUMan DESCRIPTION TOTAL FUND REVENUE C011><TAUCTIOM 0"" Water Production 91-MP- Now Water Plant (phase 1V) 950,000 950,000 0 0 0 91-60-2 Nubile Equipaent 15 000 0 10 000 0 5 000 0 ON Total Mater Production 9691, 950,000 10, , Water Distribution 91•W-1 Oversize Waterline 200,000 200,000 0 0 0 91-W-2 Miscellaneous Waterline 200,000 200,000 0 0 0 91-W-1 Water Taps, Loops t Meters 5000000 f) 0 500,000 0 91-W-4 Replace Waterlines/Street Prrxlram 200,000 0 200,000 0 0 a 91-M-S aeplace Fire Hydrants c Valves 50,000 0 $0,000 0 0 91-W-6 Loop 2" - Sherman to Locust WL 1,0000000 1,000,000 0 0 0 91-W-7 Replace Pershing WL - Stuart to Atlas 60w/8" 320000 0 32,000 0 0 91-10-6 Replace Locksloy WL - Maid to Notingham 6"w/8" 190000 0 190000 0 0 91-W-9 Replace Tulons at. WL 6"w/8" 18 000 0 T00,- 1S0 0 Total Water Distribution 2, 10, 000 1,400,E oo,,ter Collection 91-i-1 Oversize Sewerline 200,000 200,000 0 0 0 91-5-2 Miscellaneous Sawerline 1201000 1200000 0 0 0 91-5-3 Sewer Tape 50 ODO 0 0 SO 000 0 'Pots] Wastewater Collection 3 32610 0 0 Wastewater Treatment 91-WW-1 Mobile Equipment 20,000 0 15,000 0 50000 91-ON-2 innovative 4 Alternative Technuluyy 25,000 25,000 0 0 0 91-WW-3 Plant S MOD Expanalun (Phase 1) 1,000,000 1,0000000 0 0 0 (Total Cost $12,000,000) Total Wastewater Treatment I,04S,000 1,02s, 000 5,000 0 9,w Municipal Laboratory 91-ML-1 Lab Equipment 34,000 0 34,000 0 0 91.14-2 Miacellaneous 2 Soo 0 2 Soo 0 0 Total Municipal Lalx ratory 3 0 36 0 T 0 T A L FY 01 Capital tsyuovementa 4,635,500 3,6954000 380,51)0 550,000 1000")0 77 177 < lk 4 BXC1iRI'T FROM MINUTES PUBLIC D April Nelson covered the information covered in the plan. Chairman Laney and Nancy Boyd asked what the effects would be if Comanche Peak did not come on line. Nelson explained the probable impacts. The Board discussed the implications and ramifications of Denton's continued involvement in Comanche Peak. Charles Cryan stated that a 20 million dollar bond issue will be needed by 1988. Coomes asked what APPA research considered the national average price per KWH in public and private power systems, and how Denton compares. Nelson stated that he would provide that information at a subsequent meeting. Coomes asked about the status of "capital recovery fees." Nelson explained that research is continuing in that area and that a proposed fee amount was suggested with 2/3 dedicated to capital recovery. The Board discussed the Lewisville Hydroelectric Project, the Courthouse Square Underground Renovation Project, and the Municipal Laboratory Expansion Project. Boyd proposed that the Lewisville Hydroelectric Project be taken off the Capital Improvements Plan. Some discussion followed; no action taken. Thompson motioned to approve the Capital Improvement Plan for presentation to the Planning and Zoning Commission. Second by iioyd. All ayes, no nays, motion carried unanimously. i P 4 Z Minutes May 2y, 1096 Page 7 Cumberland Presbyterian Children's Home is located on this property and that a specific use permit was approved for the Children's Home use, lie laid a request has been made to amend the specific use permit to allow development of a gymnasium that was not shown on the original site plan, PETITIONER: Brian Burke of Burke Engineering stated that e wfi "was available to answor questions, IN FAVOR: None present. OPPOSED: None present. Chair declared put,lic hearing closed, DECISION: Mr. Escue moved to recommend approval of final opIaf-3£ Blocks 8 and 9 of the Hillside Addition; Lots 1, 2 7 and 8, Block 4, of the G. M. Greenlee Addition; and 911.f Block 1 and part of Blocks 2, 4 and S of the Hinson and Vanden's Addition (Cumberland Presbyterian Children's Home Addition). Seconded by Ms. Cole and unanimously carried (6.0), IV, CONSIDERATIONS A. DSNTQN MUNICIPAL UTILITIES FIVE YEAR CAPITAL IMPROVEMENT PLAN FUR FISCAL YEARS 1997-1991, Roland Laney stated that the Capital Improvement Plan is based on projected growth rates and that the Public Utilities Board is. in favor of the plan. Bob Nelson gave a brief presentation of the Capital Improvement Plan regarding utilities. Mr. Holt as ed about lines for new customers. Mr, Nelson stated that the utility department puts in distribution lines, meters and transformers, Mr. Holt asked about lines for new development. Mr. Nelson stated that the development paid for the conduit, Mr. Claiborne asked about the position of the bond fund, Mr. Nelson stated that It is invested to get the best pos- sible interest, He said that if a profit is made it is put back into the fund to pay the Interest. Mr. Pearson asked how the department arrived at the pro- posed population figures, Mr. Nelson said that they were based on historical trends and projections from COG. Mr. Pearson stated that they were letting an outside firm decide the population of Denton when their committees should be decidingg this issue. Mr, Nelson stated that the electric usually followo.d growth and that the water and sewer had the most effect on promoting development. Mr. Laney stated that the City of Denton had an economic and rate problem. He said if they install Infrastructure In preparation for industrial promotion the rates would have to be increased. He said that the City cannot afford to do It. Mr. Pearson said that a system could be set up so that development would go where the city wanted i;. to go, Mr. Laney stated that they have learned there is an inability to control developers and development. Mr. Claiborne asked if the Board considered a moderate increase instead of a substantial one, Mr. Laney stated that the consensus is that a big increase might not be necessary. He said that the rate increase in electric will only be affected if Comanche Peak comes on line. He rrar P i Z Minutes May 17, 1966 Page 8 . said that water and sewer rates will be affected by the new plants. He said that the overall consensus is to leave rates as is and adjust when necessary, Mr. Claiborne asked about the Lewisville and Ray Roberts projects. Mr. Laney stated that they are pursuing these projects to keep their license alive. He added that there is not enough money to do them right now. • Mr. Escue asked about the current rates, Mr. Laney stated that they were holding their own In regards to the competition, He said that the comppetition rates will be adjusted within the same range as the City of Denton. DECISION: Mr. Bscue moved to recommend approval of Denton Mun c pal Utilities Capital Improvement Plan for fiscal years 1987-1991. Seconded by Mr. Pearson and unanimously carried (6-0). Mr, Pearson left the meeting. B. BXPANSION OF MUNICIPAL AIRPORT HIGH INTENSITY ANHA. STAFF REPORT: Ms. Spivey stated that the current high intensity line, western boundary, runs down the middle of the runway. She said that staff has several cases In the office a:a have a question in how to handle them in regards to policy. She said that staff has conferred with the Planning and Zoning Commission and Airport Advisory board to establish an interim land use policy, She said that a mutual agreement was reached that the line ohorild be moved westward from the current line to the Dry Pork Branch of the Hickory Creek. She said that the light industrial would be westward to this point and residential type uses west of the creek. She said that the Land Use Planning Committee will be establishing a permanent land use policy in the future. She said if approved by the Commission, the policy will be forwarded to the City Council in the form of a resolution, Mr. Claiborne asked how far the line moved, Ms. Spivey state that the moving of the line added approximately 200 to 25 acres to the high intensity airport node. Mr. Holt asked if the staff is making a buffer to the airport. Ms. Spivey said yes. Mr. Escue asked if by moving the line was there additional property provided for the second runway and noise level. lla. Spivey said yes. DECISION: Mr. Escue moved to recommend approval of the expansion of municipal airport high intensity area. Seconded by Mr. Holt and unanimously carried (5-0). C. A-36. Proposed annexation of approximately ob.42 acres s uated in the Moreau Forrest Survey, Abstract 4171 and beginning adjacent and east of Gessling Road, south of U.S. Highway 380 Bast, and west of 'trinity Road. STAFF REPORT: Mr. Ellison stated that Miller of Texas, Inc. has quested annexation of approximately 60 acres and the balance of the proposed annexation Is being requested by the City of Denton. The involuntary portion will fill in gaps between Miller of Texas groperty and on existing annexation strip along Highway 380E. He said that Miller of Texas, Inc. has petitioned for zoning that will bo part of the Lakeview development pr pos}1. He laid that several mobile horse units in the Capricorn Mo- bile Home Park are included in the Involuntary portion of DATE: July 1, 1986 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Capital Improvements Program (CIP) REC"ENDATiON: Accept recommendation and appoint committee to evaluate. SUMMARY: There no longer are funds to implement CIP, Planning and Zoning Commission recommends the attached improvements and funding to implement same. BACKGROUND: Annual recommendation to City Council PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City-wide improvements FISCAL IMPACT: $21,7771000.00 R4r0rel l lI Y, su jWtted: City Manager Prepared by: e Director of Pl anni mfg and Development Approved: sA4.x_x CON-_ Di r r of Pl n ng and Developm t J J. g~ ~ . ~a ~ l v'S`PS..a t`~.wn :.n.i ..r ~ ~ ps .va ~rt ^S`. • _'°e~ . 2 C1TY OI DAWTON DI~IITOiN, TMZ" 76201 MEM RANDUiK DATE: June 12, 1986 TO: Mayor and City Council PROM: Jeff Meyer, Director of Planning and Development SUBJECT: CAPITAL IMPROVEMENTS PLAN The attached summary of projects is the unanimous recommendation of the Planning and Zoning Commission. Even though the recommended list includes all vitally needed projects, there are dozens of projects that do not appear in these recommendations. Tho Planning and Zoning Commission realizes that even this pared down list will require a tax increase. The price of progress is seldom inexpensive. This recommendation includes a provision that a m,ximum tax increase of five (5) percent a year be financed through a bond program. Staff recommends that a special committee be appointed by the City Council to evaluate these recommendations and to analyze the funding possibilities to implement the recommendations. Denton is at a critical juncture in its growth pattern, sustaining an adequate infrastructure justifies the appointment of a broad based citizen group to study the needs and resources and to make a well thought out recommendation to Denton's elected leaders, Jef f I eb Attachment 32596 PLANNING AND ZONING COMMISSION f' RECOMMENDED CAPITAL IMPROVEMENT PLAN 1986-1987 Millions Neighborhood Center, Southeast Denton $1.800 Loma Del Rey Drainage .825 Lillian Miller Parkway Widening .450 Bridge on Woodrow Lane .250 Reconstruct Oriole Street .117 East MCK-Lnney Street Culvert .025 Sidewalk on Hercules .015 $3.482 1987-1988 Millions Bell Avenue Relocation (First half) $1.000 Senior Center Addition .750 Improve Woodrow Lane .525 Willow Springs Drainage .337 Stuart Road/Selene Drainage .320 Plans for City Hall Expansion .200 Athletic Field .200 Animal Control Center Expansion .150 Signals Loop 288 and US 380 .064 Traffic Signals .025 $3.571 0241e r te.R Planning and Zoning Commission Recommended Capital Improvement Plan Page Two 1988-1989 Millions City Hall Expansion $t.100 Fire Station .500 Drainage Study .450 Stuart/Sunnydale Drainage .350 Taylor Park Drainage .300 FM 2181 (Teasley Lane): Four-Lane divided from .250 IH-35E South to Ryan Road Fire Vehicles .200 Athletic Fields .200 Oversize Paving .150 Burning Tree Bridge .150 Burning Tree Drainage .064 Avenue E Improvements (Eagle Drive to IN-35 .040 Service Road) Davis Street Paving 1015 $3.769 1989-1990 Millions Loop 288/Local Participatiun: Four-Lane divided $2.200 from US 380 south to near IH-35E US 380/Local Participation: Six-Lane divided 1.500 from US 77 (Locust) to Loop 288 City Hall Expansion 11100 Drainage Improvements in Holly Hill area .300 US 380 Right-of-Way Acquisition .250 Athletic Fields .200 Audra Lane Drainage .090 $5.640 024le a a n e r P VI Planning and Zoning Commission Recommended Capital Improvement Plan Page Three 1990-1991 Millions Recreation Center $1.800 Heil Avenue Relocation (Second half) 1.500 Fort Worth Drive (US 377): Four-Lane divided 1.065 from IH-35E to FM 1830 Athletic Fields .600 Library improvements .250 Traffic Study and Implementation .100 $5.315 024le 2 P 4 Z minutes May G8, IvSd Page 8 this puts a burden on their year to year budget because they are being asked to keep this iaouey until development occurs and possibly for an undeterwined amount of time, ile said tnat the uirector of utilities will be tue autnority to extend the agreement for an additional IL monrns. He said that this revision will nelp teciinlcally and finan- cially, He said that they have no objection to extending the time limit if the development is realistic. Mr. Ellison stated that tine Planning staff supports this ordinance revision, DEC1SiUN: Ms. Cole moved to recommend approval of an or'3lana ce amending Appendix A of the Code of Ordinances of the City of Denton, 'rexas, by amending the provisions rela- ting to provisions and pro rata reimbursements agreements for water and sewer facilities to provide that such agree- raents snail terminate within one year thereof unless con- struction of the facilities has begun% and providing for an effective date. Seconded by Mr. Juren and unanimously catried (6-0). B. FIVE YEAR CAPITAL IMPRUVEMENT PLAN, DECISION: Mr. Escue moved to recommend approval of the five year capital improvement plan as follows: PLANNING AND LUNING IUGi,11SSIUN RECUM,+IENUED CAPITAL IMYRU41:o11iNPLAN 1984-1987 Millions Neighborhood tenter, Southeast Uenton $1.8UD Loma Del Rey Drainage .BLS Lillian Miller Parkway Widening 1450 Bridge on Woodrow Lane ,LSU Reconstruct Oriole Street ,117 Bast McKinney Street Culvert ULS Sidewalk on Hercules U15 $s;43Z 1987-1988 AltIIIon s Dell Avenue Relocation (First half) $1,000 Senior Center Addition ,750 Improve Woodrow Lane ,565 Willow Springs Drainage .337 Stuart Road/Selene Drainage 13LU Plans for City Hail Expansion .1U0 Athletic Field 1UU Animal Control Center Exppansion ISO Signals Loop 188 and US NO U44 Traffic Signals ULS $ 3:371' 1988-1989 Millions City hall Expansion $1.IUU Fire Station .500 Drainage Study .450 Stuart/Sunnydale Drainage 1350 Taylor Park Drainage ,3U0 FM 1181 (Teasley Lane): Pour-Lane .150 divided from 1H-JSB South to Ryan Road L Y o t Minutes May 28, 19d6 Page Y Fire Vehicles Athletic Fields 12Uu Oversize Paving iou Burning 'f'ree bridge 1su SU Burning Tree Drainage 1SU Avenue E Improvements (Eagle Urive to Qb4 IH-35 Service Road) Davis Street Paving 1U1S $3'769 1989-IYYO 4141111 oils Loop 4d88/Local Participation: Four-Lane 1uU divided from US 380 south to near 1H-35E US 38u/Local Participation: Six-Lane 1.5vo divided from US 77 (Locust) to Loop 488 City Hall Expansion 1.IUu Drainage improvements in Holly 11111 area Sou US 380 Right-of-Way Acquisition .4Su Athletic Fields ,200 Audra Lane Drainage UYU $5oau 1YYU-1991 Millions Recreation Center $1.8uo Bell Avenue Relocation (Second calf) L.SUu Fort Worth Drive (US 377): Four-Lane l.Vos divided from 1H-35L to FM 1830 Athletic Fields .600 Library Improvements 25U Traffic Study and Implementation IOU Seconded by Ms, Cole and unanimously carried (o-U), Meeting adjourned at 9:35 p.m. d i Minutes Work session planning and Zoning Commission may 28, 1980 A work session of the Planning and Zoning 4ommission of the City of Denton, Texas was held on Wednesday, May 2$0 lvboo at S:Uu p,m., in the Council Cnamber of the Municipal building. Present: Bill Claiborne, Ruby Cole, R. B. Eseue, Jr,, Judd Hult, Gary Juren and Tom Pearson Absent: Suline Brock present from Staff: Jeff Meyer Uirector of Planning and Uevelop- meut; David Ellison, stenior Planner; Elizabeth Evans; Community Development Manager Denise Spivey, Urban Planner; Barbara Ross, Community Development Coordinator; Rick Svehla, Assistant City Manager; John McGrane, Director of Finance; Steve Brinkman, Director of Parks and Recreation; Dave Ham, Assistant Director of utilities; Jerry Clark, City Engineer; Chris Smith, Administrative Assistant; and Susan Mitchell, Secretary Chairman Bill Claiborne called the meeting to order, DBV6 Xr_ RFUM2XTAT~i TU t'HE CITY CU11NC16 ON THB FIVE YEAR Mr. Claiborne stated that according to the City Finance Director . there is $500,000 to $sou,Uu0 per year for the Capital Improvement Plan over the next three years without a tax increase, lie said that the Planning and Zoning Commission recommended at their last work session that the Program continue with $1.2 to $1.3 million per year. He said at the last study session the Commission asked the staff to develop a priority list that they felt important if monies could be obtained over and above the Capital Improvement Program b;+ a bond issue. Mr. Meyer explained the present Capital Improvement Program and the Executive Staff Priority List suggested by the Commission. He said ' that this list would increase the tax rate by approximately three cents. He said that this list is a cosibinatiyon of desperate needs and needs to pass a bond issue. He said that staff is available to answer questions. Mr. Svehla stated that at the last meating the Commission was told that there was $50U,000 to $d0U,000 for the current Capital Improvement Pro ram Plan. Hi! said that it is closer to a million dollars. He safd that they can do the uurrent projects but If the executive staff priority list is added the tax increase will be ap- proximately three cents, He said that the current drainage study has been outgrown, He said that the last time the study was updated was in 1973 and that it has been very helpful and successful to the developers as well as the home owners, He said that this study would cuver about 80 square miles around the perimeter of the city. He said that the operating budget has provided the aerials and the con- tours but that money is needed for the plan and the study. He said that a traffic study and implementation is needed. He said that this would allow them to tie st nals into one and monitor them throughout the city. He added that all the projects are needed on the lists provided. He said that a letter was received from ttie Highway De- partment and that the 111 hway 380 costs had jumped by one million dollars. He said that they are looking into this matter, Mr. Claiborne asked about the state's part. Mr. Svehla said about $8 to $10 million. He said that the city Dpays for 101 of the ri nt- of-way cost, curb and gutter, and longitudinal drainage. He sail that the highway projects are cost beneficial for the city. He sug- jested that the Costalssion could use the remaining year (1490-91) or a highway project, Y i Z Minutes may 18, 1986 Page 2 . Mr. Pearson asked about any projects beyond Loop 188. Mr. Svehla stated that they would probably be in the years 1991.91, kr. Pearson i asked about Highway 380 west of 1-3s. Mr. Svenla stated in the 901s. 1 He said that the highway needs to move some projects up but it was doubtful that 380h or 38UW would be moved up, He said that staff strongly stressed a need for highway projects because of the cost benefit ratio. ' Mr. Claiborne stated that they needed to try and squeeze in a lot of J projects that will give the most benefit to the citizens of Uenton at th7 least cost. He asked if they went with the entire recommends- ti on (highway department and staff's list), now much would the tax increase? Mr. McGrane stated that part of this is in the ten million dollar bond issue, Mr. Svehla stated that they would need to spend $1,UOO,000 on Highway 38U, $1,175,Uu0 on Loop 188, and $1,000,UOO on Highway 377. Mr, Claiborne asked about Teasley Lane, Mr, Svehla stated that it f was in the ten million dollar bond issue, Mr. McGrane stated that debt service on an annual basis for a s1,000,u00 at approximately at or 91 would be approximately $130,000 to $150,000 a year average. He aid that each cent of additional tax brings in about $150,000 to 160,000 a year. He said it is a one to one ratio, f Mr. Claiborne asked in regards to an interest rate standpoint, when is it a gnnd time for the city to go into debt? Mr. McGrane said that it i, a tough question because the bond market is in an upheaval. Mr, Svehla stated that if the Capital Improvement Plan is approved by the Planning and Zoning Commission and City Council, the bonds will not sell until October or November at the earliest. He said that a lot has to be done before actual selling, Mr. Claiborne asked if there is a tax increase for the lapital im- provement Program will there be a tax increase for the operating budget. Mr. Svehla stated that they are leaving the tax rate as is but that they have to advertise a tax increase to remain at the cur- rent 59 cents. He said that the debt service is not affected one way or another, Mr. McGrane stated that timing is an issue because if the bonds do not sell until after t;,e fiscal year (October 1), payment on that debt service would not occur until next fiscal year. He said that this sets the tax rate for the I9d7 fiscal year. Mr. Claiborne asked if there were any projects that were not significant, Mr. Svenla said no. Mr. Meyer stated that staff's first recommendation is the four year plan. He said that next one is the staff's recommendations and the highway department matching funds. Ms. Cole moved to recommend approval to retain the first four years of the Capital Improvement Program. Seconded by Mr. Escue and carried unanimously (b-u). Mr, Claiborne asked for suggestions on the years 1990-91. Mr. Escue stated that he would suggest the funding for Highway 377 wnich would allow another project of lower cost. Mr. Holt asked about library projects. He said that they were put on the list but that they are not a top priority. Mr. Claiborne asked about the Longridge drainage project. Hr. Clark stated that this would finish the project to Southridge and solve the problems, Mr. Claiborne asked about drainage relief for this area with the existing. Mr. Clark stated that it can be handled. F? " P i Z Minutes May 28, 1986 Page . Mr. Claiborne asked the commission if they would like to look at library improvements for the remaining money in the I990.91 year. Mr. Svehla stated that a Library cost about $60 a square foot. Mr. Brinkman stated that theyy could put a branch library in a recreation center. Mr. ,Yoh la stated that they could add a brancn library onto a recreation center but that they could not do a free standing building for the money remaining in the 1990-91 year which is about $30U,000. Mr. Pearson asked for the square feet of the main library building. E Mr. Svehla said approximately 40,000 to S0,000 square feet. Mr. Pearson asked how staff determined the size of a branch library. Mr. Svehla stated that they depended on Joella Orr, City Librarian. Mr, Holt stated that he felt that 3 or 4 branch libraries would be a good idea. Mr. Claiborne stated that he felt the signalizatlon at Highway 38U and Old North Road would be applicable at this time. Mr. Clark stated that it is warranted now. Mr. Svehla stated that it is needed now and meets state regatrements. `I Mr. Claiborne asked if the library improvements were still an issue. Mr. Holt stated that he thought they were important. Mr. Ellison stated that accordin to the memo from Ms. Urr, a branch library costs approximately 1375,000. Mr. Claiborne stated that this cost slightly exceeded their goal. Mr. Pearson moved to recommend approval of $1,315,00 for the 1990.91 year with he improvements for funding U.S Highway 377 for the amount of 41,06S,000 and improvements to library facilities for the • amount of $2SU,000 along with the executive staff's list and the highway department's list witn an increase of the tax rate not to exceed five cents yearly, Seconded by Mr. Holt and unanimously carried (0-0). Mr. Holt asked how Denton compared with other titles on oond issues, spending, etc. Mr. Svehla stated that Denton is very conservative. Mr. Svehla asked the Commission to clarify thn five cents. He asked if they meant if it can be done for less, go ahead with the plan. Mr. Pearson said yes. Mr. Claiborne made the motion that if the bond issue passes for staff to investigate the creation of branch libraries in area recreation centers. Seconded by Mr. Escue and unanimously carried OLD BUSINESS f Mr. Pearson asked if staff had developed the transportation studies. Mr. Ellison stated that it would cost between $4,uUU to $5,000 and that he could meet with him on this study, Mr. Pearson asked that it be presented at the next meeting. Meeting adjourned at 7t0U p.m. .~n.3- r , _,e.,, •&'1 it -ii • r ~-;r-~'°:~i ~--~„n~.,..~ . r.- Minut ea Planning and Zoning Commission April 16, Ivan A special called meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, April 16, 1986, at 6:00 p.m., in the Council Chamber of the Municipal Building. ' Present: Suliue Brock, Bill Claiborne, Ruby Cole, R. B. Escue, Jr,, Gary Juren and Tom Pearson Absent: None Present from Staff: David Ellison, Serio• Lloyd Harrell, City Manager; Rick Svehla, ' ,cat,z City Manager; John McGrane, Director of Pin4. ; David Ham, Assistant Director of Utilities, .arry Clark, Clty Engineer; and Susan Mitchell, Secretary Chairman Bill Claiborne called the meeting to order. I. Consider approval of final plat of the Bethel Temple Parsonage Addition, Lot 1, block 1. STAFF REPORT: Mr. Ellison stated that Bethel Temple Church is cT~d-jf`3013 West University Drive (south side of road ap- proximately 600.700 feet west of Marshall Road). He said that the proposed preliminary plat is for a 1.5694 acre portion of unplatted property owned by the church; a parsonage is planned for the site. The property is zoned agricultural (A). He said that one driveway will be permitted if off set at least 15U feet from the centerline of Marshall Road to the centerline of the driveway. All city facilities and services are available. lie said a sidewalk was required along Highway 380 at the dis- cretion of the Plannin and Zoning Commission during prelimina- ry plat review. He added that the Development Review Committee recommends approval. DECISION: Mr, Escue moved to approve the final plat of the eat el Temple Parsonage Addition, Lot 1, Block 1. Seconded by Ms. Cole and unanimously carried (S-0). 11. Hold a public hearing to receive input on five Year Capital Improvement Program, Mr, Claiborne explained the purpose of the meeting is to gather input from the citizens and staff of the city so that the Plan- nin and Zoning Commission can develop and make a recomsenda- tiog to the City Council for the Capital Improvement Program for the designated 1990.91 fiscal year. Mr. Ellison stated that this is his second year working with the Planning and Zoning Commission and staff on the Capital Improvement Process for the five year plan, He said that the purpose of the process from the city charter states that "tho Planning and Zoning Commission in one of its powers and duties is to submit annually to the city manager not less than 90 days prior to the beginning of the budget yeo,r, a list of the recom- mended capital improvements which in the opinio:: of the Commis- sion ought to be constructed during the forthcoming five year period. Such lists shall be arranged in order of preference with recommendations as to which projects should be construc- ted in which year and the city manager shall forewith furnish a copy of such recommendations to each member of the City Council." He said that this is a very important process and is also very important to the City of Denton. He added that a study session and another meeting to act on an official recom- mendation will also be held. He said that on flay 18 the offi- cial recommendation on the Capital Improvement Program plan will be made and subsequently forwarded to the City Council. P 8 L Minutes April 169 1986 Page 2 • John McGrane, Director of Finance, stated that he wouldgive a brief update on the fund balances in the three major Capital Improvement Program accounts. He said that the major fund which is for the street improvement program as well as other projects has a fund balance of $1,677,770 as of the end of March, He said that the construction project fund which is for the construction of the fire station has a balance of $428,629,73. These two funds will carry through the 1985-86 program and also finish up prior year programs. He said that 1'e bond fund for street improvements, the ten million dollar bind fund, has a balance of $9,SS9,625 and is sufficient to complete the project that was presented to the voters. He added that the Commission is well aware that this is the last year on funds that were obtained through bonding. He said that there are approximately three alternatiyas: 1) Bond sale, 2) Current financing taken from current revenue sources such as property taxes, or 3) Reconsider current projects and change priorities. Mr. Claiborne asked about projections it this time )n the years 1986-87 or subsequent years into the five years for monies that might be available for the Capital Improvement Program. Mr. McGrane said that the decision would be based on a bond sale determined by the City Council and approved by the voters, otherwise there is no money available. Mr. Pearson arrived at the meeting. Mr. Claiborne asked if the operating expenses and revenue were equal. Mr. McGrane said yes. Mr. Juren asked if the fire substation site had been selected. Mr. Svehla stated that they are using a computer modeling de- vice to check areas of the city for protection and response tire. He said that the two broad areas of the city that are closely matched for a station are the northwest and the south or southeast. He said that they are going to talk with the City Council on Tuesday and possibly get some feedback. He said that the station was originally set for the area of Bon- nie Brae and Windsor. He said that they are also looking at the area of Lillian Miller and Teasley Lane. He said that the data is very close and that it still needs more refining. Mr. Juren asked if the money available is for land acquisition and construction. Mr. Svehla stated that it is actually for the construction of the building. Mr. Clark stated that the U.S. 380 Right-of-Way Acquisition and Matching Funds for U.S. 380 were moved to the year 1989.90 be- cause that is actually when the Highway Department will begin building the highway. He said the pro ects such as channel im- provements and traffic signalization will be started due to the shift in projects last year. He said that the bond project progress report basically includes the street and drainage cap- ital improvement program, water and sewer capital improvement program, and the ten million dollar bond issue. He said that the Stanley-Thomas drainage project of 1984-85 has been comple- ted. The overlay, reconstrurtlon, and repaving projects in the ten million dollar bond issue .re mostly complete. Mr. Juren asked if the property owners are assessed as this occurs. Mr. Clark stated that the bond issue pays for all costs. He said if a development occurs before the Capital Improvement Program then the developer will have to pay to improve. P 1 4 Minutes Apri1 16, 1996 Page 3 Mr, Clark said that the North Texas reauest is addressed in that Avenue C will be improved from 1-,3 to Mulberry. He said that Stuart Road and Pershing are out to bid and Locust Street Is within a month from being out to bid. He said that Hickory Street from Carroll to Cedar is beam designed now. lie said that Teasley Lane is under design and that they are waiting on approval from the state and the final plans. Mr. Juren asked if this is a widening of Teasley Lane, Mr. Clark said yes to a four lane with a median. Mr. Juren asked if it would be a four Ians from Dallas Drive to 1.35. Mr. Clark said yes with turn Lanes. He said that the TWU request about Bell Avenue is also addressed in the project cost estimates enclosed. Ms, Brock asked if the safety improvements were included in the Capital Improvement Program !n regards to the North Texas request. Mr. Clark said yes. Mr. Svehla stated that he has been discussing the problem with them. He said that they are usin medians for good visibility and also physically separat- ing the bike lanes from the car lanes, Mr. Claiborne stated that all bids exceeded the original costs on the Capital Impprovement Prog4ram project of signalization at Basle and Bell. He said that he understood that the city em- ployees did some of the work in regards to the erecting of the signals and had the concreto work bidded out, Mr. Svehla stated that this is correct. Mr. Claiborne asked how many Capital 1m rovement Program projects could the city do if the city had the manpower and equipment Instead of letting them out to bid, Mr. Svehla said basically none, He said that they did bite off some of the projects in the Capital Improvement Program because It is off season and because it was cheaper for the city to do. He said a full fledge project could not be done because the employees are needed elsewhere and other pro- jects such as repairing residential streets that are not in the Capital Improvement Program or street improvement program could not be done, He said that the city mostly do the pro- asked that the staffdone pick out arprojectyard cost Claiborne report form to show to the Commission, Mr. Clark stated that the city is attempting to do all the small jobs, Ms. Brock asked if a study had been done in regards to the usage of the bike lanes. She said that she sees fewer biker and qu5stions if they will serve their purpose. Mr. Svehla stated that the city had no study but that North Texas might have one. He said that it will be investigated before the lanes are built. Mr. Claiborne left the meeting and Mr. Bscue took chair. Norma Gamble, who lives on Bonnie Brae, stated that she read an outside consultant reppo t that stated that the station will be built on the corner of ~onM a Brae and Windsor where It is badly needed, She said that one fire plu serves two miles in this area and is not sufficient. She sail her question is will the station be built in this area. Mr, Svehla stated that it is not actually a consultant report but a node distance program that monitors response time. He said that in the early stages of study there were tao major areas of the city that were being looked upon witil a greater need in the n rthwest and as the Capital improvement Progr&15 advrnced a ma~or growth occured in the sole Mr, He said again that they will be talkin with the City Council about this study and getting their Input, P 4 Z Minutes April 16, 1986 Page 4 Mr. Pearson asked If there are prospects for additional fire clu s Mr. Svehla stated that a waterline is needed and will be ~uilt In the future from Highway 380 to Highway 77 and ad• ded that Mr. Ham can address this issue. Ms. Gamble stated that Millie Hudspeth also does not have fire protection. She said that she does realize the bond programs do change but at this time the fire station is needod in this area and that the next one can be put in the south. Mr. Harrell stated that there is an equal need in both places. He said that staff will not be making a recommendation but pro- vidin the City Council with the results of the study. Ho said that they .Ave the capital fund to build but have no revenue to man or operate the station as of this time. Mr. Ham stated that the waterline from Highway 380 to Highway 77 is In the Capital Improvement Program for the year 1988. The reason that it cannot be done sooner is because of a major project of putting waterlines around the Loop to accomodate water flow away from the water plant. Jean McBride, concerned citizen, stated that a developer must put up money to improve utilities or improve utilities them- selves to develop. She said a lot of developers have chosen not to do this. She asked if it would be feasible to go ahead and run the utility lines and collect a pro rata when the area develops. She stated that where there are utilities there is development. She said that the City of Denton is very depen- dent on utilities. She said that the city should not become a bedroom city and that the city needed commercial to set a tax base so that the city will not be so dependent on utilities. Mr. Ellison stated that it is one scenario that the City could consider but that it Is not an official policy of the City of Denton at this time. Mr. Has stated that none of the funds come from taxes but from water and sewer rates. He said that it would take an enormous amount of money to assist development. Ms. McBride said that they would receive it back by pro rata. Mr, Ham stated that they put in a lot of lines such as major transmission and sewer collection lines. He said that they are continuously upgrading the lines all over the city. He said if they do put in the lines for the development, the city would have to be very certain that the area would develop. Ms. McBride asked about sidewalks. Nr. Ellison stated that the Subdivision Regulations were adopted in 1983 and sidewalks are at the discretion of the Planning and Zoning Commission. Ms. McBride asked if the Parks and Recreation is included in the Capital Improvement Program. Mr. Ellison said yes. Ms. McBride said that presently at North Lakes there Is no pro- ram currently for the children under 18. She said that it as been turned into a weight room and that people from other cities have been using the facilities. Ms. Brock suggested that she go to the Parks and Recreation Board meeting because it is more of a programming issue. She said that generally unless the developer is given a variance the developer must automatically build sidewalks, Mr. Pearson said that the Utilities has no capital sinking fund to replace and that the only tray to replace the old is to raise taxes, mow;--,.. ~-t ..•1s1~+P. , -en= n-.~~. az . , , f3. P 8 Z Minutes April 16, 1A86 Page 5 Ms. McBride stated that they needed to encnurage industry to ' produce more o' a tax base to maybe produce a sinking fund for the utilities. Mr. Pearson stated that efforts are belp di- rected towards that idea. Ms. McBride stated that she didn't think single family is the answer. She added that the city needed more business. Chair declared puulic hearing closed, Mr, Ellison reminded the Commission of the joint meeting with the Airport Advisory Board on April 23, 1986. Meeting adjourned at 7;20 p.m. TIT LIE AND MN'W I Recreation Center at Martin Luther King, Jr. Park Cost: $1,8000000 REMNSWC N ANa avi ioN Parks and Recreation Department PROJECT NARRATIVE LOCATION MAP This 30,000 sex.ft. recreation center will be located at Wilson, Newton, and Morse Streets. ~ It will primarily serve the eastern section of Denton between Locust, University Drive, Loon 288, and 135E but will also provide nroarams for the entire community. Facilities will include gymnasium, locker rooms, meeting rooms, nAltipurpose room, game room, fitness area, and offices. 1 Y J ~r r RIIDJtG1' TITLE AND NtJINALp Loma Del Re Drainage EM AND aws Cost: 825 000 Public Works Department PROJECT NARRATIVE LOCATION MAP This project will help alleviate drainage _ aksl Apartmpas the Oi'ioleel Kingfisher, nd d Cardinal streets, Water frequently tops the curb in this area and occasionally homes on Kingfisher street. 1A M fOWT OTLE AND NUMBER Lillian Miller Parkway Widening Cost: $450,000 RE E OEMRTMENT AND DIVI ION Public Works Department PROJECT NARRATIVE LOCATION MAP This project will add two additional lanes r to the existing two lanes of Lillian Miller Parkway. The capacity of this thoroughfare will be greatly increased to alleviate present congestion in the area. i C . • rrr r a .-..J RCT TITLE AND NUMK* Bridge on Woodrow Lane Cost: $254,000 E DEMgTMENT AND DIVISION Public Works Department PROJECT NARRATIVE LOCATION MAP The existing bridge over Pecan Creek on Woodrow Lane is a low water crossing and is frequently underwater during heavy rains. ~j This project is for reconstruction of the bridge to solve this problem. a 1, y, pf 1 n i . air. 1°~;CT TITLE AM NUmKR Reconstruct Oriole Street Castt$117,000 Ari a visioN Pub=WorksDepartment PROJECT NARRATIVE LOCATION MAP Oriole street is one of the worst streets in the city, This project is for the reconstruction of the street. V ~ N s FWACT TITLE AND Nk A/AER Cast McKinney Street Culvert Cost: $25,000 K DE "T AND gVISION Public Works Department PROJECT NARRATIVE LOCATION MAP This project will upgrade an existing .7 culvert under east McKinney street, east of L..i Mack. Drive. The existing culvert is under sized and causes water to back up into at least three homes during heavy rains. 1 M F1"O TITLE ANC Nu1MiER Sidewalks on Hercules Street Cost: $15,000 K E CEPAR MEN ANC OIWSICN Public Works Department PROJECT NARRATIVE LOCATION MAP The sidewalk will be on Hercules where no sidewalk exists to provide a safe school route for children going to Woodrow Wilson Elementary School I~ r X1"7 urt r a 100"CT TITLE AND NUWR Sell Avenue Relocation (First Half) E DEPARTMENT ANO dVI810N Cost: 1 004 000 Public Works Department PROJECT NARRATIVE LOCATION MAP Bell Avenue Relocation - This project would relocate Bell Avenue in an alignment that would follow Mingo Road, then turn north just east of the Texas-Mingo intersection, continue on through the golf course, across 380 and on to Sherman Drive. The project would be funded in pieces since right-o£-way LS acquisition would have to proceed actual construction. This first funding would accomplish all the right-of-way acquisition and some of the engineering. rwt r j o~ t 'M'Mf ' ~J =own I , FWACT TITLE AND NUMKR Senior Citizen Center Exransion Cost: $7500000 L N OIYI Parks and Recreation Department PROJECT NARRATIVE LOCATION MAP This expansion would provide approximately 10,000 sq.ft. of additional space at the ' Senior Center. It would include a new multi- purpose room with a cafeteria style kitchen, game room, arts and crafts ,room, health services room, offices, meeting rooms, and storage. Patio improvement and additional larking As also planned. ~ YMIVtM M, 0 N gyp ~ r IIIWW TITLE ANG MI MU11 Woodrow Lane Improvement Cost: $5259000 RE f MR MET AND RVI ION Public Works Department PROJECT NARRATIVE LOCATION MAP 'Phis protect is for reconstruction of u Woodrow Lane which has recently been connected to Colorado Boulevard providing additional access to the mall. , I ii f i N i i . r J PICACT TITLE AND NUMDEII Willow Springs Drainage REIMON!l E POTMENT DIVISION Cost: $337,000 Public Works Department PROJECT NARRATIVE LOCATION MAP This project will help drainage in the ' Willow Springs - Duncan street area. Water has gotten into at least one business in V this area. T he additional construction on i' Dallas Drive will aggravate drainage problems in this area until this project is completed. o~ i N i M • PRUCT lE AND NumK" LP art Road/Selene Drainage Cost: $320,000 OEPMITMEN NNO OIVMO lic Works De artm i PROJECT NARRATIVE LOCATION MAP This project will relieve flooding at Stuart vehiiiculard traffic during t heavychrainseYand cuts off access to 't'win Lakes Mobile Home Far.k. j~ Ls r M. ~ I~ J Pf"CT TITLE AM MAW* Expansion of City Hall Costs $2,400,000 MMUMC T090"TMENT APO aVl Parks and Recreation Department PROJECT NARRATIVE LOCAT11014 MAP These funds would allow for the addition of , three floors on City Hall of 15,000 sq.ft. each. Space projections show that in the next 10 to 15 years all three floors would be Li filled by various Citv departments. If space is not constructed, our only option would be to rent space at a verv high cost, YMWRRtI Y DR. • O~It M N as r • TITLE AND NUUK" Athlet'.c Field Development Costs $1,200tG00 4 years A V1Parks and Recreation Department PROJECT NARRATIVE LOCATION MAP These funds would be used to further develop + our athletic fields at Evers Park, Denis. Park, and North Lakes. Areafi of concentration will include lighting and renovating football and baseball fields at Evers, constructing now soccer fields and softball fields at North Lakes, aqd renovating soccer and softball field at Denial uMwiee r ee. .J N r.•- 7 PIN off i . Pf0.1ECT TITLE AND NUMBER Animal Control Center Expansion costs: $150,000 RESPONWI DEPARTMENT AND DIVISION Public Works Department PROJECT NARRATIVE LOCATION MAP Animal Control Center -Expansion - The money ~If for this project would expand the center oy LI 4,000 square feet. It would allow us to hold animals for the proper amount of time in uncrowded conditions. All of this area would be used to house animals or to provide Y storage spaces for related impoundment activities. .ir oR. f 0 ANN • ii'' •M 1v Q 1, ~ N s 1 f PF"CT TITHE AND NIl AKH Traffic Signals at loop 288 and U.S. 380 Cost: $64,000 RE E OE TMENY D DIVISION Public Works Department PROJECT NARRATIVE LOCATION MAP The amount requested in this package would W^~~ be used to replace the existing traffic signals at the intersection of Loop 288 and U.S. 380. The on going reconstruction of the Loop will result in that intersection LA becoming a diamond interchange thereby requiring a special diamond interchange I signalization and no portion of the existing signals will be reused in the ..r resignalization process. • 'N i I /t ~ PIWIECT TITLE AND NUMKI1 Traffic Signals Cast: $25,000 f XM MENT AND DIVISION PROJECT NARRATIVE LOCATION MAP This project is for acquisition and updating of traffic signal equipment city-wide. 1 I r , •.n t a ~ i I 1 I y • ~ . N W ~ MIV FF"CT TITLE AND NUMKA Fire Station Cost; 500 000 RE BIKE DEPARTMENT AND DIVISION PROJECT NARRATIVE LOCATION MAP Fire Station - This project would allow us I - 7 to build another satellite station. The j station would be built either in the northwest part of the City or in the 71 southeastern quadrant of the City depending u on where the station is currently funded, J N The station would house first response type r equipment and would be minimally staffed J n`' in.tially. i MOW TITLE AND NIJNKR Drainage Study Cost: $4500000 REMNSWE OEPM MENT ANq OIVIS100j--- Public Works Department PROJECT NARRATIVE LOCATIOM MAP r This ?roject will update the City's 'current master drainage 1975. plan which was completed in J .,.,,,..7 ► . s . t 40 y 1 V PMACT PYLE AND NuwEN Stuart/Sunnydale Drainage Cost; $3509000 RLSKMINKE OEP MAIN AND 01Y 1 N Public Works Department PROJECT NARRATIVE LOCATION MAP This project will work in conjunction with previous C.I drainage projects in this area to alleviate flooding, I, N LS II~M. err.. FIR VILE AND WMMKft Taylor Park Drainage R PEP" N AND DIVl N)N Cost: $300x000 Pub1 c ors eparltMEnt PROJECT NARRATIVE LOCATION MAP This project is a major improvement to the drainage system in the Taylor Park area. A II 1 I I I \ p h • w77 J . ~ N , Ff"QT tITLE AND NUMBER FM 2181 (Teasley Lane) Cost; $250,000 RESKN E MEN; NNO DIVISION Public Works Department PROJECT NARRATIVE LOCATION MAP 'Phis project is For the City's roquired i r = participation in the rebuilding of Teasley " Lane from 135 h to Ryan road. f 1 i JP -1 N Ff"CT TITLE AND NUMUR Fire Vehicles Cost; $200,000 RE PONS&E OEPARTM N AND VISION PROJECT NARRATIVE LOCATION MAP Fire Vehicles - This money would be used to allow us to purchase a fire engine for the new station. This would be a pumper type engine and would be used in initial response -.1 to emergencies. V • 1 . PMMCT TITLE AND NUMOER Oversize Paving Cost.; $150,000 RESPON E OE TMENT AND VISION Public Works Department PROJECT NARRATIVE LOCATION MAP This project is for funding of over size f street paving for collector or larger streets in newly developed areas. .w~ r i d r ~rrrw,wf PACT TITLE AND NUMKII Burning Tree Bridge Cost; $1500000 NE EMI. DE N AND DIVISION Public Works Department PROJECT NARRATIVE LOCATION MAP This project is to make improvements to the ~I bridge on Burning Tree Lane to make it passable during heavy rains and to help alleviate restructure of water flow caused by the bridge. ~I I ~ N V , M MqJ 0 TITLE AM N11 Burning Tree Drainage Cost: $64,000 R E MR M N AND DIVISION Public Works Department PROJECT NARRATIVE LOCATION MAP This project is in conjunction with Burning Tree bridge improvements to improve the drainage system in this area. . N f POINIM TITLE AW NUMKM Avenue E Improvements Cost: $40,000 RE E Pi RTM NT NO pl I 1 N Public Works Department PROJECT NARRATIVE LOCATION MAP This project is for street improvements to I' Avenue E between Eagle drive and the service road. vrwu~i r a►. T- Aw I' JT r PAMOT TITLE AND NtlmKpl Davis Street Paving Cost: $159000 PON PAII MIEN AND DIVISION Public Works Department PROJECT NARRATIVE LOCATION MAP This project is for paving of DavisStreet. LS N ~ r PF"CT TITLE AND NIMMKR Loop 288/Local Participation Cost $2,200,000 NE E DEPAR MENT AND DIVISI N Public Works Department PROJECT NARRATIVE LOCATION MAP Loop 288-Local Participation - This project would allow us to expand the existing 288 from2 lanes to 4 lanes and to purchase any additional right-of-way that is needed, The facility would to median divided and provide ~1 left turn lanes at major intersections. '~J,.....-•~ l 'M l TiT1.E AND -MUM- KR U.S. 380/Local Participation Cost; $i 05f}p,000 RE pOk THEN AND OIV1518N Public Works Department . PROJECT NARRATIVE LOCATION MAP Highway 38o - The monies in this program would provide for the expansion of Highway j 38U. It would be improved from Locust street to 288, The facility will be a median divided 6 lane thoroughfare with left lane storage provided, ~ N r 'r J g . r M"CT TITLE AND NUAMER Hollyhill Drainage Cost: $300,000 RE SIDLE 0E ARTMEN AND DIVISION Public Works Department PROJECT NARRATIVE LOCATION MAP This project will consist of running a storm - sewer system down Longridge Drive from Teasley to Hollyhill. This amount of money _ will only provide the trunk line needed. It. 1 w PMXXT WYKE, AND NUMM U.S. 380 Right-of-way Aauisition cost: $2500000 PL [ MPMRTMEN AND DI ION Public Works Department PROJECT NARRATIVE LOCATION MAP The Texas State Highway Department plans to _ reconstruct U.S. 380 (University Drive) from Locust street eastward to the city limits. The resulting thoroughfikre will have _ -T excellent access between central and east Denton. The City's required contribution includes participation with the State for right-of-way purchases. -r• M I i e • ,+c w _ TITLE AND R M IMP RE SK M N AND DIVISION Cost: 000 Public Works Department PROJECT NARRATIVE LOCATION MAP This project will extend the trunk storm sewer system up Audra Lane past Paisley streat, This will allow the water in the area to drain more easily to the system installed in 1984 without causing flooding or starding of water in ditches after it rains, • I , , I• M N' » t 1 I Ply"Ot TITLE AND NUMBER Recreation Center Northeast Denton Cost: $1,8000000 Roame N VI Parks and Recreation Department PROJECT NARRATIVE LOCATION MAP The site for this 30,000 sq.£t. recreation center has yet to be determined but will r•-•-~ primarily serve the northeast section of Denton within the area of Locust, University Drive, and Loop 288. In addition, programs 111 will be available for the entire community. J Facilities will include a gymnasium, locker 1 N n rooms, mgqeting rooms, multipurpose room, dame root, fitness area, and offices, r POW BIKE AND "umm Bell Avenue Relocation (Second Half) cost; $1,500,000 KSM E DIPUTWINT-Mil-) DIVISION Public Works Department PROJECT NARRATIVE LOCATION MAP Bell Avenue Relocation - Second Half • This money would allow us to let the l..i contract and provide for a 4 lane divided ~ section of road with appropriate left turn storage and signals at major intersections. .Q. f N . M M f , Mqi ITLE AND N MKN RISPOWE r Drive MEN 0 0111 Cost; $190659000 N [from ublic Works Department PROJECT NARRATIVE LOCATION MAP his project is for the City's required ! 1w~ LAIL. articipation in rebuilding Fort Worth Drive 135 h to F,M. 1830 (Country Club Road). J ! i • N . T; IX AND NUMAEII Library Improvements Cost: $250tooo 1K E UWWWRI47 DIVISION PROJECT NARRATIVE LOCATION MAP Library Improvements - The monies in this t.s project would allow us to begin "branch libraries", These libraries have been . initially scheduled to be included with the expansion of building of new recreation centers, M. w , t ~ ! 8110 W TITLE AND NUMBER i Traffic Study and Implementation Cost: $1009000 "t E MEN AND 01-Vift-ok Public Works Department PROJECT NARRATIVE LOCATION MAP The last traffic engineering plan was ` complete in January 1983 by 't'raffic Engineers, incorporated. The City of Denton I has been implemonting the conclusions and opinions expressed in this report. The recommendations designed to alleviate U existing problems has reached a point where Denton needs another study done to help ~l solve manyy of the growth problems as mentioned in the City Council retreat on May 30, 1986. i IJ . f • f .rr.. e DATE:.: 07/01/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: PLATS AND REPLATS RECOMMENDATION: Planning and Zoning Commission recoinmends approval of: 1. Alex Robertson Addition, Lot 40 Block 16 - Preliminary and final replat 2, Expressway Industrial Park Addition, Lot 1. Block B - Preliminary and final replat 3. Keenan Farms Addition, Lots l and 2 - Preliminary Plat 4. Kiowa Trial Estates Addition, Lots 1-10, Block 1 - Preliminary replat 6. Northwood Addition, 12th Installment - Preliminary plat 6. Pace's Crossing Addition, Lot 1, Block 1 - Final replat 7, Residence II Addition - Preliminary plat SUMMARY AND BACKGROUND: Information provided on Back-up Sheet for each plat or replat. Resp uilub ted: o rre City Manager Prepared by: Cecile arson Urban Planner Appr e e e Director of Planning and Development 18139 ~1 'Wz CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: July 1, 1986 SUBJECT: Preliminary and final replat of the Alex Robertson Addition, Lot 4, Block 15. SUMMARY: This is a 0.465 acre :ommercial (C) tract located adjacent and south of Dallas Drive, east of Johnson Street and north of Smith Street. A car wash development is proposed. The purpose of the replat is to remove an existing lot line. An existing 2" water line will not provide adequate service; an 8" water line extension from Smith Street across the full width of the lot (approximately 400-500 feet) will be required. A fire hydrant must be placed along the water line. An existing 6" sanitary sewer line stops at the northeast corner of the lots a 10" extension off the existing line across the full width of the lot (152 feet) is required. All other public facilities are adequate. ACTION REQUIRED: Approval of the preliminary and final replat. RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVE: Venial of replats ATTACHMENT: Reduced replats i 1201] r• 2'MlAT[I14MS 6, SAN. Sf WE .t~a.•1 O aw/ N ~r \ ~~t VICINITY MAP ZCNINO1 C whrr . i pe 1• r -,+ras', +uurlNlse. a r'!111 rn rn,M 1Y M•Mnlt+ trrttidr 5 lf, • J. vv.polri W 11 1411N1 JJ.A OW. at 4, fei nyl Ilt lM~ I'A 1111 YI kA(m t{yµlylly. ..I rlJ ll waatv01. $ LOTSX^R J.o• ! CA y5 IJO~[IITXN Amt10N , vi A low WO L OIIIIMTUM " 0.486 AC. e 1. J~ ~I OCATtO IN !Yl Cl" ! CCNN/Y \ ~fr ' M Oi11•MJr T"As rA \ A. NIL,3 SURVEY ASSTR q0. 623 z~oa 1 c ~ , zoN INO J c i ) JOINT N/App/ `7aNINO~c conk • +ANIi 1. PIrwly AMMON OWKR1 ALVIN WMALEY i v % r sl An 90T 1M. 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' , LOT' 4R , BLOCK 15 ALEX ROBERTSON ADDITION INit II '1111111; a 0-r,I"I r, CITY 0 OENTON lM • tolllr4%•:nv,i.r1',1`miNr.-.If.~ .I.~~1 " yY1rr.• ~I•'1'„11,111 OENTON COUNT t tha , , •.L.1, 1,;" . IAl Y T E XA S f••1M '1,11 I,r: „I J•I In.4.n 11.1 M' dot „r t,r•A 4MI ~4 luprrrlf lnn 11,1'1.•1.1 1••, ,.11 X11'-r. 111,. • n, 11111 n, Out: •-Y.M !0l ►OAl• e, 1ra41• rA•.4 411 *Ae C0LtkAlf a A180cIA! t11 "r tYI1VttIMe aartt-r ra.~:r : r a I ' i, e. sex ee OtNfon 'T ~rl:"'h'~"r't _ .H tis°` _.-•:'~``x ,f.:ar ok xr+ k r,.*, r ..e _ CI'T'Y COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: July 1, 1986 SUBJECT: Preliminary and Final Replat of the Expressway Industrial Park Addition, Lot 1, Block B SUMMARY: This is a 2,034 acre tract located at the nirtbeast corner of willowsprings Drive and Shady Oaks Drive. The property is zoned Light Industrial (LI). The purpose of the replat is to divide existing Lot 1, into two (2) lots, designated as Lots 1-A and 1-B on the proposed replat. Lot 1-A is developed; a warehcrlse development is anticipated for Lot 1-B. Developers of property in this vicinity have been required te) participate in improvements for the willowsprings!. drainage over the past year or so. The owner and prospective developer of the lot that is currently undeveloped is contributing one-half of the cost for the total needed drainage improvements for this site. All other public facilities are in place and adequate. ACTION REQUIRED: Approval of the Preliminary and Final Replat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the Preliminary and Final Replat. ALTERNATIVE: Denial of replat ATTACHMENT: Reduced replats rdVn S 0263e Y i ~ I MW y~ ry~`t` \ I ! t•. NVi! W WV Aa No y iii' tlia...~ o it I I r i.,:,~•,.: ' h' ~,~.>ry lFb~r/rCy.na ~ rr. ~w ~ :7rrn 6~ ' •1dtn L Yf ry _ wN NI r_ ,"r~~ mtoe ~f/~' aTVnnS' ~ a ~ ch'e r[vrr.r' /J)M 41e1Cb OYD'-a......r'/•(,• r/.a-n•{`e/~/J.ir/ I 1 ! 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T a 3. >3 . ~ ~ R..:'`_ ;'r i CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: July 1, 1986 SUBJECT: Preliminary Plat of the Keenan Farms Addition SUMMARY: This tract is 6 acres located on Hickory Hill Road west of FM 1830. This tract is shown in the J. A. Smith Survey, Abstract No. 1180, Denton, Texas» The property is in the extra- territorial jurisdiction and single family development is anticipated. This proposed two lot subdivision is located a considerable d;tstance from the urbanized area of the City of Denton. A ten foot strip of Denton city limits runs along the north side of Hickory Hill Road, but annexation of additional property in this vicinity is not anticipated. Three or four estate subdivisions, with ttie number of lots ranging from two to fifteen (2 - 15), have been approved in this area within the past year, ACTION REQUIRED: Approval of the plat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary plat with the condi- tion that a performance bond is posted and an agreement is signed prior to final plat approval to ensure that the developer is obligated to pay the cost of improvements. ALTERNATIVES: Denial of the plat ATTACHMENT: Reduced plat 0265e 1 1 ! I .,,44• ~ , ~ 1, . µ4f Y I F. t` ~Y.J•l1' ~F yq NlJ I ~ t11 N' S'q•.M I I r~. Y ! j al• SOodmuar.wMr..w MAIM Ae~gp M Wya#% O MAMW ~it`rr 41ne1 v I M. /)r I r ~11u~1 t J ac vrs ,y o ~7CIVR1 1 e3 AIM An r . r MAW 0 /ur Illnb MAI'D' V-- .4 l } . ' fit,:. ~•.~~~ii, . r« ° ~ M Y y ~ 14: 1tpT l,il~ , ~ ce f ( 1 L 4k, 1 ,t< .fit, t • r ~ ,taJJvs td . rj H now 'M a sswi10 n c. a,. n, kin ~BAF tr :n'M ~C.'-'al 4 a s a. F'T r:t°i9+YJ'; 77- CITY COUNCIL AGENDA HACK-UP SUMMARY SHEET MEETING DATE: July 1, 1986 SUBJECT: Preliminar Replat of the Kiowa Trail Estates Addition, Lots 1-10, Block 1 SUMMARY: This tract is 8.3 acres located 345 feet north of Brush Creek Road, east of U.S. Highway 377. This tract is shown in the James Severe Survey, Abstract 1164, Denton, Texas. The property is located in the extraterritorial jurisdiction, and residential development is anticipated. Water service will be provided by the Argyle Water Supply corporation and individual septic systems will serve each lot. The purpose of the preliminary replat is to add four additional lots to the proposed subdivision. The original plat of the Kiowa Trail Estates Addition, '-As 1-6, Block 1, was approved by the Planning and Zoning Commission on October Z3, 1985. ACTION REQUIRED: Approval of the preliminary replat RECOMMENDATION: The Planning and Zoning Commission recommends approval with the condition that septic tank approval will be obtained prior to final plat approval. ALTERNATIVE: Denial of the preliminary replat ATTACHMENT: Reduced replat 134lg/2 ` too.r r _ , r . IN.. Nt.r W. I' , 1. 0, MDNM( A , ® i5 'Wi't. i ! LOCA"" YAP all, hOM e• T r l~tl , b NOTt I I. TILL TRAM . MOT YRTNPI PLOOW AW A001W* TC TIN[ rum AMA40 t0UR0AA7 YAP, M. $4, 0or"Of cm-Ix Tx. =N K*M TO K 0600 ID K INONLLUK ttMM►M1'ANxs. Knw T ~ r _ NOMNIAK { UM Tr [A[[Yl11iry R e ,1 M IMM[ {LOGY I IOM / 09 $Y I R j C, N. 6Rl[N,N vs NI. IbI ^.HD P M. ►ACl r . ' r MOLIXIR pfTION ~ . I ~ II 1 I I _ to J PAUNMARY MOLAT KIOWA TRAIL ESTATES O.'N[R BLOCK OMt [m[ VOW 11,641 AO.tt rArlt t[V[Rt WOV97 AwN O[NTON COVIM, TIxU MM "MIL IS5.199 , , IMAM { AMMO 1.. ,Brew A GM 01% MGM MMP NET Flut CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET I MEETING DATE: 3u-_'y 1:j 1986' SUBJECT: Approval of the Preliminary Plat of Northwood Addition, 12th Installment SUMMARY: The prelir.iinary plat of the Northwood Addition, 12th Installment, consists of 46 SP-10 lots on 19.033 acres located on the northeast corner of Windsor and Old North Road, south of Loop 288 and Kingo Row, and north of Highway 380 and Mingo Road. A Portion of this tract is located in the floodplain. The 11th Installment is located to the southwest of this tract and thv. 8th Installment is located to the west. Major public improvements include the extension of Broken Bow, a residential street, extensive drainage easements, ire-existing and proposed utility easements, sanitary sewers, and water lines. A 15' access easement should be extended across the back of lots fronting on Windsor for rear access. Sidewalks are required on the south side of Windsor. No off-set cul-de-sacs will be permitted. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVE: Approval ATTACHMENT: Reduced plat , r Ii 1,111 1360s i 1 [ P Attl • ~ . r ~ 111 ~ ~ _ 1 \ ~ \ ` R aYY \ \ W W 4r \ r ~ WILI•MIIMr YI111■11 111t 1 Kw IL■tTrf 1 ~yA y Y V t, V • t Y . A ! O1LM1 ` , w.. r q■AM. uR / IW ItMINM / M IAIni1MrU - •ot 1 W LI 1 N11 41 1 M N it MI ILI III~1~r I. It AIWOM W~ ■ i ! r kJ, IL/ IJ 1 u N if 1.1 A,/' ~r M■i~ mw• &AM rl 1. • • Mf. L tl111M1 }III ar *it Plot 44 4i / r 41 IS 1 1 M 41 41 . AI 44 , N •II MIL 1 . ~ Ill 1 • ~ • • a LI H~ RI y1 hYN1■rW iii 1 / i t \ 1 tY 1.1 41 MI 1.1 •1 M RI LI LI III /n11111 M111110 M/ai 1111 M 41 L1 M 41 10Y Al Al it !1 MLM Ir■~YHL IrI took I I r„ 11l + 1 1 ■ Af M AI M1 ■NMLA ^1r- 11Wr rA/11 t r ' 1 111 N M r M W ■ AI hl 1,1 41 1~ W 011111,0441111 WA ..r. 11 M u r u, H • u a. N is I•. fr P-•■ +wlr ne wffrl■ 1 r 1 . • ♦1 $4 it AI 1 u f~11Y11 i+ N..1•I nr ILIM, • ■ I M N M 111 ;a LI • L/ µ It L1 K. IyQr111 M IY LI IW MI AI AI • M Ai 1.4 LI /IMMAI Wlr If/rW I ~ ` ~ ~ Iltl•1111lN IY•Ir 1111 . ; . IIIY W. M•1 M 1w ~ w MI/LM MM r41Ly~M11 /!y. 1_ 1 ILMr p■t11tMt■•IL•fMY•1 ~i f.1N.111H 1/SW11tIF111 11M ML[IIFI 1R~• Y'IiY1 tM• 111M 1 IM-M r A 11f■rf11M11r 1 -o *APO up" _ o+a III■1 i~. Ja■Yr ~ ~ RIIn111 +111• elww ! '~6 w uw x111111 tare n rw~~.r.r~rl~1~1...1■w■4.. w w ■,1r nw Iw, w1n1 rry ruL •111• TI +11r►1It111I•Y yMr~l~' Y , r /w■Iw I~ AW-11" am N y1 WfiI~Ay 1M w■ Yw.r 1 / pltf i•I1111YL 11' MIIMr N1iL~•. ~ /w or mow 'N~ ~ naww f4Y1 ` gor(Moee AfiINaR-t2~ IntaMtwt . m a +►eta . l Ir am f~ fYl a w 11" a 0000. 0000 OVA" It"" w:.fi1a If••1 wr~n• .Iw 1 1 rr w •f11 H• 111101P w.r a« 41140 an t.U1 RE,or ? CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: July 1, 1986 SUBJECT: Final replat of the Pace's Crossing Addition, Lot 1, Block 1. SUMMARY: This is a 13.149 ncre lot located east of the I.H. 35E, 6011th of Colorado Boulevard and behind Wal-Mart in the Denton Town Center Shopping Center. The property is zoned planned develop- ment (PD) for multi-family use, and multi-family construction is in progress, The purpose of the replat is to provide for alteration of a fire easement and to add a 16 foot utility easement next to I.H. 35E right-oi-way. ACTION REQUIRED: Approval r~f the replat RECOMMENDATION: The Planning and zoning Commission recommends approval. ALTERNATIVE: Denial of renla? ATTACHMENT: Reduced replat 1597a jr r o ~rr+ar l/I N f11Mr/ f /WI/N QfII(/ +I.r.r rYr .~I I N {/I Irww, «.m, • rrrw r.ar1 4 L ~ y =AN IYMM rw.~~-~•r-, ~~I. ..r...,,-,*`r. w~"~~'~. rr ~IMIN -4'`11 M Y.IM"rr• ~w+Nnw+ . ~ ~ \ ~ `~/f~ ~ Y.~.IYr\ 1•IYyw rrrrrW ~rrrr Irr1Y r~ • rU'.u4..~_~L.~.I tor iR \~y' ~wr..www'r++Yrrr..Mr+rw..w..rw...rrwr /w~Yy ` ~ w~.'IF.YIyr war M~Y.r~y. ywrrrwrYw .Wye.YU+rY~w.. r.rr. wh •r~, S~OV^ ~wrM irlY1Ua 11.I OY .y~riilyi.r. Y"rlwwww. f/ i1 ..A1RIr4u...Y.I1 I ~ .Fr"I~rw r. r.r~s1R ' w ~~+rr7..r lr'C~+rrr~rf.Tw ly w~`~'1l4~' '`t ~1 I r.Y~+r~..r.r_wriY" +i•.+ riu. r r •'T M ♦ 11 ~I..w•~iYY1RIV. Iii 00 r rr \ri vrr r / 021 Z . M-.m ^ I ~ ~ ' ~ / /Y ~J/ r`iw"nrr.rY r.rwrr..u. rY.r~.rw•~en.r+. ` w IN. MOVILI `-yam,..-- _"`ya+aor•-`..."~~✓•~ ~~~~i'.~L'~.~.~'~Y~.~r"1,.~'Y"*~'.~J3t.'l" rr"IINUr Am Owm" 11 f fY ~itF}a~3i~a~r.-x:"a. orr o► mview, tt~nu IV fm !.mow r+!~~y ~y~._ ,A. ~y 'L~'iFww7•l::JGT.i.'i..~i..•Lr "1.. IdiM tswv, . nYi r pr.rrr+wr.w4,_,r+ w INMM. 11 "Aw JEW JEW .r V I S E D .4~ : , y,+f _ i sn• r^f yrr-.: _ F . rzn :f'a~m7a 't` . r CITY COUNCIL AGENDA BACK-UP SUM146RY SHEET MEETING DATE: July 1, 1.986 SUBJECT: Preliminary plat of the Residence II.: Addition SUMMARY: The subject parcel is located adjacent and north of the point at which Jason Drive presently terminates. Multi-family (M?-l) zoning is in place and multi-family development is planned. I-35E is located approximately 800-1,000 feet north of this site. Adjacent property is zoned light industrial (LI), commercial (C), and. multi-family (MF-1). Multi-family (Residence I) land use is in place to the south. The most significant feature of the preliminary plat and proposed development is plans for Jason Drive. Prior to submitting a preliminary plat the owner requested information on the planned route and extension of Jason Drive. Jason Drive has 60' o:` right-of-;gay and the thoroughfare plan shows it extended north and connected to 1-35E. The Engineering Department felt that Jason drive could become a safety hazard because its connection would be approximately 300' from the existing Teasley Lane exit ramp and any possible realignment or improvements to the existing ramp could be negr.cively affected. Individuals with interests in surrounding property were asked to provide feedback on how the possibility of not extending Jason Drive would affect their plans. A letter from Tom Fouts is attached and it was determined that property owners on all sides have access to the service road and/or Sam Bass Boulevard. The Planning and Zoning Commission voted unanimously to Recommend termination of Jason Drive in its present state.* Jason Drive is not proposed for extension as a public street, Private access is planned in the farm of driveways and a fire lane easement and a landscaped cul-de-sac. w r City Council Agenda July 1, 1986 Page 2 SUMMARY (continued): A proposed 8" water line and 8" sanitary sewer will serve the development. Telephone, gas and cable facilities are in place or available for extension. ACTION REQUIRED: Approval of preliminary plat. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary plat. ALTERNATIVES: Denial of preliminary plat. ATTACHMENTS: 1. Reduced plat 2. Planning and Zoning Commission minutes of December 4, 1985 3. Letter from Tom Pouts 1807g i 11ikt1 w la" 1 A n,« JM~ Il•i .s _ 1 .t,. .ti Ollgt M ICY. 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N be d" SAM KMOM AR PW"NM EmDmot"MOAO MW oil on 11 .wwWiwitliu oWew Y" w rw«a If pt"NNi•/w« 1 in" 11!04 M pof1M•t11 •bl•t"rleb N IMIrt•11tw/ NM ow IIYk•111t1 N the Liar 4,l IALJITMYI IW Woo "Law UNION /A0N111M D14LAa .few. 04101144046 lMM MW le14•~111 A 119 1 TOt POW teyte••1 pMa1u bail" ull Nn1 Mt111M~1M1 I JOG 1101 MOM MW I a1 f •IR rs P 6 Z Minutes December A, 1985 Page 1S area has no northern boundary, has a western boundary along 1-35, and part of an eastern boundary between Texas Instruments property that is zoned light industrial and agricultural. She said that staff has some information from the Highway Department on where the roads may be lo- cated and that the boundary currently is the city limit line which will be moved because of annexations closed or • pending. She sold that there are many requests that have been denied in this area or that are forthcoming and staff would like Planning and Zoning Commission's direction. Mr. Pearson stated that the triangle of Loop 288 across to I-35 and Highway 77 will develop as a high intensity area. He said that they should just erase the lines and thatmarket Cityrdidn'ttake have thisltype ofssystem. Shetstat- ed that staff had a dilemma in that there are no definite thoroughfares to base a line on in this area. She added that in January 1986 a revision of the Development Guide will begin. Mn 1986mandnthatthe thought theygnieeded will vote on itnnow, Mr. Ellison said that it is not specific enough according to the developers and that it is critized by others and that staff needed some direction. DECISION: Mr, Appleton said that he would like some more Tffro-fi lion on this area and that lie would like to see a thoroughfare plan. Mr. Appleton moved to table this item until the next meeting. Seconded by Ms, Brock. Vote was called: Aye - Appleton, Brock, Cole, Escue, Pearson Nay - Juren Motion carried (S-1). P. REALIGNMENT OF JASON DRIVE. STAPP REPORT: Mr. Ellison stated that Jason Drive is ocate nor h of Londonderry Lane and runs through the middle of The Residence Apartments and that it was ulti- mately thought that Jason Drive could tie into the 1-35 service road, He said that Jason Drive is two-tenths of a mile east of Sam Bass Road, two-tenths of a mile west of Teasley Drive and 300 feet from the Teasley Drive exit ramp off I-3S. He said that staff received a letter from Tom Pouts who is representing some landowners in the area, stated that Jason Drive for a variety of reasons should continue and tie into I-3S. He said that the location of Jason Drive could constitute future safety problems be- cause of the possible lengthening or changins of the exit ramp. He said that the owners of The Residence Apartments are ready to plat an additional phase of the apartments and they feel like Jason Drive should not be continued. No added that the Planning and Zoning Commission should determine if Jason Drive should be continued, terminated, or cul-de-sac'd. Mr. Clark stated that there is commercial and general re- tail property iti this area and that the continuation of Jason Drive would create a shortcut off of 1.35 through the commercial to the residential area. .77 -3Y` e Rfin7 . _ nl a , 5. P i Z Minutes December 4, 1985 Page 16 Mr. Appleton asked if he would have a problem in extending Jason Drive a little and then cul-de-sacing it. Mr. Clark said basically this drive is for apartment use and that they could leave it as is and have a taper down of the street. Mr. Ellison stated that there has been a problem with private access in this area and he believes that some kind of collector street is needed. Mr. Appleton stated that he didn't see Jason as a feasible collector street simply because people coming from Port Worth Drive or from the west to avoid traffic on Teasley and I-35 would go to Sam Bass to Londonderry. PETITIONER: Prod Donaldson stated that they are looking or a ec sion so that they can proceed with their project. He said that they would like to minimize traffic through the apartment complex and they believe it will work fine if It is deadended where it is at now. He said that they could design Phase II where Jason Drive ends to provide access in and out without too much congestion. DECISIONi Ms. Brock moved to recommend that Jason Drive be terminated in its present state. Seconded by Mr. Pearson and unanimously carried (6-0). Meeting hd}ourned 9:50 p.m. E f 1 j~ I t MU FOOTS, REALTORS'OINC. 700 Dallas Dnva, Denton, Texas 78205 • 817.382.1541 or Metro 214.2878931 December 3, 1995 David Ellison ' Senior Planner City of Denton Denton, Texas 76203 Re: Proposed Extension of Jason Street from Londonderry to I-389 Service Road Dear David: he per your request I have contacted the property owners that would be affected by the extension of Jason Street. They requested I convey to you the following: ZONING AOREEME T; When the property now owned by Gary Rhyne and Dr. Alex Finlay was zoned commercial they indicated to the City Council that Jason Street would be extended to 1-35E Service Road. This was agreed to partially alleviate the local traffic generated by the apartments that were existing or would be built on the land between London- derry, Sam Bass and I-33E Service Road. SEWER EASEMENT: Gary Rhyne granted a 20' easement for a sewer line as shown on the plat I gave you. The capacity of this sewer line has been used by the apartments west of Sam Bass, It would be unfair to the existing land owners who granted the easement and/or paid for the sewer line to not be able to use the sewer line, The solution to the sewer problem is to build another line which would use the right-of-way of Jason Street to Londonderry. This is another reason why the property owners want Jason Street to be extended to at least Gary Rhyne's southern property line, The location of Jason Street from that point to 1-36E Service Road can be worked out at a later date. EXIT OFF I-35E: The service road is several feet below I-35E where these properties have frontage. For this reason it appears that the realignment of the exit off of 1-35E, if it is ever moved, would probably be west of Sam Bass. *fAL?OM S ;]Yd1.' r... F .j: : r ,•...y. _ .vim. a '(f..,-r :-~a.e David Ellison Page 2 December 3, 1985 If you will express to the Planning and Zoning Commission the property owners' feelings as defined above it will be greatly appreciated. Sincerely, Tom Fouts TF'/bjs r- / Cff' of DsNT 0N, TtX" AOUNl cfPAL safLOfNO / DENTON, TE08 70201 / TELEPHONE (s 171600. W7 ofte of me ofy M;WW M E M O R A N D U M TO: Lloyd Harrell, City Manager PROM: Rick Svehla, Assistant City Manager DATE: May 300 1986 SUBJECT: Stuart-Saline Bid At the last Council meeting, we pulled the bid for the Stuart-Saline paving and drainage improvements. The reason we did that was we did not have ahough current funding in the CIP Program to do the drainage pacts of the improvements. When we be an to design and build the project, we had money in the $10 million bond project to do the paving on Stuart. Saline drainage was also scheduled for early this fall, in the CIP funding program. However we do not have funding or authorization as of yet. The Council will be considering that witiin the next month of so. We combined these two projects because we also had a developer, Mr. Charles Jennings, who was interested in participating in this system. By including him in this participation, we gained some economies of scale on our drainage facilities. Total bid for the project was $5540000. The total City responsibilities will be $3720000. We have $202,000 in the $10 million bond project that has been approved and authorized. The balance of the project would then cost us $170,000 versus the $320,000 estimate in the CIP fund for next year. As you can see this is a very attractive proposal. We have two alternatives, we could cut back in some of the areas of the project to allow us to build a smaller project. However, we do not think we can cut a total of $170,000 out of the project.. The other option is to look for additional funds. I have had Jerry Clark and his staff doing that for the last week or so. There are several areas that some existing funds that we could use. The first of these is in the repaving and the overlay projects that are in the $10 million issue. Most of the streets in these two projects have been completed A I + Stuart-Seline Bid May 30, 1996 Page Z this year. A few remain because of utilities that must be installed first. However, even after we finish those streets next year or the year after, we will still save approximately $80,000 on the overlay and repaving projects. we also have some existing CIP funds left. We have been able to save money over the last four years on various pro acts by combining them, waiting for opportune times to bid and using related strategies. We have been able to save over $100,000 by using these strategies. If we use this money we would then be able to fund the entire pro;+)ct. Assuming the Council approves the original CIP plan from P and Z, they would then have the option to pay back these funds or to use them on some additional projects next year. If the Council decided not to approve the CIP funding, we would then have enough funds to complete Stuart - Saline paring and drainsga without effecting the existing CIP program or any operating funds. We think that this second alternative is the approach to use. We would recommend it to you and the Council. With your approval we will be bringing this item to the Council on their June 10 agenda. If we can provide any further information, we would be happy to do so either at the meeting or before. A .0 - c e a Assistant City Manager i 937M r OFFXCE OF THE CITY c e8~986 MEMORANDUM cll~ Mt M ~ r TO: Debra A. Drayovitch, City Attorney PROM: Joe D, Morris, Assistant City Attorney SUBJECT: Rescheduling of C.I.P. Projects DATE: June 6, 1986 Based on the information provided in Rick Svehla's memorandum to Llo7d V. Harrell, dated May 309 1986, you have asked if there is any prohibition again3t rescheduling a public works project from the year provided for its undertaking in the approved Capital Improvements Program (C.I.P), to another year in the C.I.P. Article X of the City Charter has several provisions relating to proposed public improvements. Section 10.03, for example, provides as follows: o (a) The planning axed Zoning Commission shall: (6) Submit annually to the city manager, not less than ninety (90) days prior to the beginning of the budget year, a list of recommended capital improvements which in the opinion of the com- mission ought to be constructed during the forthcoming five (S) year period. (Such list shall 'be arranged in order of preference, with recommendations as to which projects should be constructed in which year, and the city manager shall forthwith furnish a copy of such recom- mendations to each member of the council,) Section 10.04, titled "The Master Plan", provides, in part, as follows: The master plan for the physical development of the city, with the accompanying maps, plats, charts, descriptivd and explanatory matter, shall show the commiss±on's recommendations for the development of city territory and may include, among other things: Debra Adami Drayovitch June 6, 1986 Page Two (a) The general location, character and extent of streets, bridges, parks, waterways and other public ways, grounds and spaces. . . (d) The removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of such existing or future public ways, grounds, spaces, buildings, property or utilities.' Section 10.05, titled "Legal Effect of Master Plan", provides as follows; No street, park or other public way, ground or space, no public building or structure and no public utility whether publicly . or privately owned, shall be constructed -or authorized in the city, nor shall any reel property be acquired by the city, until and unless the, location and extent thereof shall have been sub- mitte~{`o and approved-5y the commission; provided that, in case of disapproval, the commission shall within thirty (30) days communicate its reasons to the council, which shall have the power to overrule such disapproval, and, upon such overruAng, the council or the appro- priate office, department or agency shall have power to proceed, The widening, vacating or change in the use of any street or the sale of any public building or real property shall be subject to similar submission and approval, and disapproval may be similariy overruled by the council. (emphasis added) The C,I.P, is part of the "master plan for the physical develop- ment of the city," as provided for in Section 10.04 of the Charter, Section 10.03 (a) (6) of the Charter specifies when and how the Planning and Zoning Commission is to sake its recommendation for the "master plan" or C.I.P, Section 10,05 defines the legal effect of the master plan or C.I.P. by prohibiting the construction of the public improvement, "until and unless the location and extent thereof has bdien submitted and approved by the commission", or, if the commission has disapproved the proposed public improvement, the Council has overruled the Commission's disapproval. Debra Adami Drayovitch June 6, 1986 Page Three The Charter provision does not require that the commission recommend the time in which the public improvement will be constructed, as a prerequisite to the construction of the public improvement, but only its "location and extent'. Therefore, even though Section 10.03 of the Charter specifies that the Commission shall specify its preference as to whe►r projects should be built by recommending the year of construction, that requirement is not a prerequisite, under Section 20.OS, to the constructior, of the public improvement. In conclusion, there is no prohibition from the Council rescheduling a public works project approved in the C.I.P. from the propose4 year to another year, so long, of course, as any requirements for its funding are met prior to the time it is undertaken, Respectfully submitted, I JDM:js D. MORRIS 16561 W" of AX WTGNO TsX" MUNICIPAL BUILDING / 215 E. McKINNEY 37. I DENTON, TEXAS 15401 f MbMORANDUM BATE: Aiay 270 1966 T0: John Marshall, Purchasing Agent PROM: Jerry Clark, City Engineer SUBJECT: Award of bid #9609 - Stuart Persing Paving Improvements The low bidder for that project is Atkins Brothers Equipment Company after the other lower bid was refused due to improper rock clause qualifications, Total bid including Royal Acres is $554,6lt. Total City of Denton responsibility for the project will be about $372,000 after Charles Ginnings participation in Stuart Road and his Royal Acres bid are taken out. Estimated project cost was $202,615. However, to properly design the project, drainage had to be run all the way to the Loop 288 right of way line due to very fiat grades in the area. This in effect solves the Selene Urainag,i Yroject budget in the Capital Improvements Program for 1987-00, Providing that bond issue passed, the $320,000 budget there could be used for other drainage problems. Total savings to the City of Denton by combining these two projects will be about $147,000, If the project needs to be cut down to the $200,000 range to get approval, several areas can be cut. Those include the Juno reconstruction for $12,440. Leaving a partially deteriorated section for Stuart on the east side near Hercules will save 179,062. Reducing the drainage to only address Stuart Road not using proper design up Selene to catch water when road capacities-are exceeded) will save a total of $37,000. ',these sections total $66,502 which still leaves about $103 000 to cut, 817/5004M DlfW METRO 430-M V k v. G pass 2 of 2 Pajes Cutting Pershing out will save $44030y.40. This leaves about 56 000 still needed to build Stuart. Minimum project fundo !gat should be approved should be $2S09000. The Bngineering staff strongly recommends that the entire $371,000 be funded. The 9ond Issue for drainage should have a good chance of passing. If it does, the Selene Drainage funds would require only a 170,000 transfer to the bond issue. The remaining funds ($150,u0U) could then be used to solve other drainage problems. Atkins Brothers recently completed two projects for the City of Denton. Those projects are Panhandle Dra nage and the Airport apron and Taxiway bid. Both projects were completed with the allotted work days or calendar days being exceeded by 4 to 6 months. In some cases, the work was not of the quality that the City of Denton would want to represent its capitol improvements program. A letter has recently been mailed (Nay 130 1986) to Atkins Brothers requesting a great deal of maintenance work be done on Panhandle channel. Atkins Brothers should be informed the City of Denton will enforce penalty days. Those days will be finalized and approved by signing the construction estimates. They should also be aware any work not meeting specifications w 1 be marked for removal and replacement. Atkins Brothers will also be advised of these requirements at the pre-construction meeting. Please advise if further information 'is needed. J r y I k City B ineer M0387S NO. AN ORDINANCE ACCEPTINO COMPETITIVE BIU;A' AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMLAT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bide for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has , reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and t WHEREAS, the City Council has provided in the City Budget .or the appropriation of funds to be used for the purchase of the materials, equipment, supplies o~ services. approved and accepted hereir+; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the City Charcer requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted end approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT 9624 ALL Consolidated Traffle _Control z a " 9625 _ ALL _B1],j, Utte1rr Ford '~pC ir•.:. .r,.~ +~t~k r,n rl,:~,~. ~YIY , ;!~•i-~ SECTION II. That by the acceptance and approval of the above numbered items of the submitted bide, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. 9_E~CIO III. That should the City and persons submittin` approved and accepted ite:.a and of the submitted bids wish to eater into a PACZ ONZ formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which ahall be attached hersto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and- in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall became effective immediately upon its passage and approval. PASSED AND APPROVED this day of , RAM CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON,,TEXAS 4 h APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY. PAGL TWO 1mc ~y ..fit Y DATE: July 1, 1986 CITY COUNCIL REPORT TO,, Mayor and Members of the City Council Lloyd V. Harrell. City Manager FROM: SUBJECT: Bid #9624 Traffic Signal Controllers RECO!MDATIOII: We recommend this bib be awarded to the lowest bidder, Consolidated Traffic Control in the arount of $4363400 each for three Traffic Controller with cabinets. Total bid to be $13,089.00. SUMINRY: This bid is for the purchase of traffic Signal Controllers for three major intersections. The LS-3900 coordinators are not needed at this time and will be purchased at a later date. BACKGROUND: Tabulation Sheet PROGRW o DEPART14ENTS OR GROUPS AFFECTED: Traffic Control FISCAL IMPACT: Funds for the purchase are available in Working Captial Inventory Account #710-004-0582-8703. The units will be applied to Traffic Control budget funds as the Controllers are installed. Respec lly submitted: Loyd V. Harrell City Manager P epared by: Name: Tom D. Shaw Title: Assistant Purchasing Agent !pproved: h rshall 7itl;; urchasing Agent c I I I I 1):[ I.) al, 961?4 1 lRANSY7' J I t:;ON5K.ll_ i DA FED 1 01D `r'FLL= TROTI-IC SMONAL. C:f:1hF'FROLIAA I f.;URP. I I 'IROFFIr t OPENED h , i ii3fr ':0r la . rn. I I I I~(.lhl"I FIUI_.S Fli; C; (l l_J N' I' tf I I I I I I # UTY I 1' `Fc m 1)LES im 1 in 17 (.)hl I VE IN?F.1Jt I Vfc.N1)1:1Ji 1 VL:IJl1i7Fi I _.lW._; 1 . 1 IL:CINI MIA-ERR W/(:;f-tllllVE.1,'_i I 6 0ris~,c:r~,~ I I I , I I i;DDRD I N(a'I UVi I 't 40, 0 I 1 I ~ I I 21 75. Q0 I 1 I I i I I I I .l.£.lTAL, t 256:_C>, <ssr I 1 194)14.0) i I I I I I I I I I I 1 I I I DEL I VERY 1 90--1.20 DAY I 190-.12o wiY I I 1 1 I 1 I I 1 1 I I I I t I I 1 I i I I I I I 1 I 1 I I I I I 1 I I I I I I I 1 I I ' ~ 1 1 I 1 DATE: duly 1, 1986 CITY C%.WjL REPORT TO: %yor and Members of the City Council FROM: Lloyd Y. !'arrell, City Manager SUBJECT: Bid #9625 One Ton Truck Cab/Chassis RECMKNDATION: We recommend this bid be awarded to the only bidder, Bill Utter Ford, in the amount of $100822.00. SUMMARY: This bid is for the purchase of a one ton truck Lab/ Chassis far use by the Electric Department Underground Distribution Section. A Utility type body will be mounted on the truck when it is delivered. The other bidders did not bid due to model change and build out dates. The prict is comparable to those bid and approved in December of 1985. BACKGROUND: Tabulation Sheet PRROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution and Motor Pool. FISCAL IMPACT: 1985/86 Budget Funds Account #610-OUb-0252-92:10 Capital Improvements Vehicles and Equipment. Resp ctfully submitted: Y / n Lloyd V. Harrell City Manager P ared by. Name: Tom D. Shaw Title: Assistant Purchasing Agent Approved: rsha,l M1110 -Purchasing Agent S I I ( i DAVE I l+falxJk,r~ 1 111 LL UtIEP I -I'RIPWALA. E { D( D I I TIM t:;AE:J & C HAS,9 a ,5 I 1' P01J',aEA J fit.) I Ch: I FORD I Gi iF vPOL E I OPEN(:-: 6-10 ~ 06 2: 01) i 1)01)LJE° { l7k'If; J At:I~;CII ll~J f# I I i i i I I i J I # i C~ I Y i ITEM Dft':. =ICR E P T J: I:)hl Vt:a?!L)t.lE. i VCNDOD I VE,MOUR i VE. ,,'RJR I J J .1. i k JOIJ CIAB & t,(Ill; 13.[J 1A0 I_;l.I) 1 1,W) L.J:J) { 1~:~~tl:::'.~_~ i i NO lika'L'> J J 1 { 1 I i i { ( { i i 1 DE-.L. L VL-:E Y 1 { { 45/60 UAY1 i I t J I i I ' I i I i 1 I J i i I i ( ! I I I I I { I { I I { I 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 foc 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 thv herein described bids are the lowest responsible bids for the construction of the public works or improvements describes; in the bid invitation, bid proposals and plane and specifications therefore; and ~WHER that theCity 2.36 (f) approvCode of e all expenditureb of more than $10,000; and everyyactAof hetCouncil0providing for t the Charter expenditure requires of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, .is 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 9 5 ar -Per Nina Pavina/Dralnaog ~E445.227,5 .~9 26 9527 o ra t-Co re 4lork 000.0p - Paying imp. Bushey treed 4 5 SECTION II. That the acceptance and approval of the above competitive ' bids shall not conatit.its a contract between the City and the person submittin the bid for construction of such public works or improvements herein accepted and approved, until such person shall comp).y with all requirements specified in the Notice t:o Bidders including the timely executiot. if 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 relatins thereto specifying the terms, conditions plans and specifications, standards, quantities and speoified sums Contained therein, PACE ONE SECTION IV. That bids he execution acceptance of n contracts approval foof the above r the public cwork& land 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 day of CITY OF DENTON, TEXAS YUA ATTEST: CHARLOTTE $ CITY SECRETAR7 CITY OF DENTON,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAQE TWO . DATE: July 1, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID #9609 STUART-PERSHING PAYING A DRAINAGE RECORMNDATION: We, with the Engineering Department, recommend this bid be awarded to the lowest acceptable bidder, Atkins Bros. Equipment Co. of Grand Prairie, for item 1B at a total cost of $4459227.35. The low bid by Dickerson Construction Company was not acceptable as he inserted a qualifier that was prohibited in the specifications. SUMMARY: Therefore, it did not include all the dollars required to complete the project. This bid was in conjunction with Item 3 - Royal Acres Subdivision Section 7 Phase I. Mr, Ginnings will also be awarding this project item to Atkins Bros., which is the low bid on Item 3. This is also a participation bid in that Mr. Ginnings will be participating as part of Royal Acres streets and drainage. The exact amount to be determined by the size and number of linear feet of drainage and the square yards of asphalt pavement, linear feet of curb b guttering, etc. BACKGROUND: Tabulation Sheet Memo from Jerry Clark PR,ROOGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Drainage A Paving Capital Improvements, Streets and Engineering, and Royal Acres Subdivision Section 7 Phase 1. FISCAL- IMPACT: There is no additional impact on the General Fund. Respe ally submitted: Y JLloy Y. Harrell City Manager Pr aced by: Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: John J. Marshall, C.P.M. I1t Purchasing Agent I 1 i I 1 1 DID 4 9604 1 JESKE 1 ATKINS 1 CALVERT I DMERSON IARCHITECTURE I DID T1ILE 5TUART-PERSHIN6 PAVING 1CONSTRUM ON { BRO5, I PAVING ICONSIRUCTION 1 UTILIIIES, 1 M DRAINAGE I CO. I ENIPNENi I Co, 1 CO. I INC, 1 OPENED MAY 61 1986 2 P.H. i I CO. I I I ACCONNTI i I i i I i - i i_ 1------------- I-------------I-------------i 4 1 QTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR 1 VENDOR I VENDOR I ----I---------I-------------------------- 1------------- I------------- i------------- I------------- I------------- I is I lAsphalt Alternate with 1 1 432,788,35 1 435,106,75 1 363,981,40 1 558,062,20 1 1 (Total Project I I 1 I I I 1 1 i I I 1 i I lb I lAsphalt Alternate with 1 1 4451211,35 1 445,688,75 1 374,897,30 1 593,101.70 1 1 dotal Project plus Juno I i I I I I i (Alternate I I I I l 1 I 1 l t ! 1 1 2a I lConcrete Alternate with 1 556,231.95 1 4791742,40 1 408,731.25 1 1 640,151 10 1 1 ITotal Project I I I I I I I I I i I i i i 2b I iConcrete Alternate with 1 570,574,45 1 492,180.90 1 499,313.25 1 1 665,190,60 1 i ITatal ProJect plus Juno I I i I I I I !Alternate I I I i I I i I I I I I I I 3 1 lRoyal Acres Did 1 144,406,65 1 109,394,60 1 156,951,25 1 109,477.45 1 142,922,15 1 1 lSection 7 Phase I I I 1 1 I I 1 i I I 1 I 1 I 4 1 17otal Low Bid lb + 3 - 1 1 554,621,95 1 602,640.00 1 484,314,75 1 736,023,85 I 1 i I I I I t 1 i I 1 1 I I I 1 I I I 1 1 I i { 1 I 1 I I 1 1 I :.v DATE: July Is 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell. City Manager SUBJECT: Bid #9626 Contract Concrete Work RECOMFIENDATION: We recommend this bid be awarded to the lowest bidder Bitter Creek Construction. The annual estimated cost will be approximately $150,000.00. SUMMARY: This bid is the routine concrete work projects required from time to time by the City of Denton, included are sidewalk and driveway repair, curb and gutter, drainage inlets, man holes and other projects involving finished concrete work. Single porjects estimated to exceed $25,000.00 will be returned to Council for additional approval. BACKGROUND: Tabulation Sheet PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Street Maintenance and Engineering FISCAL IMPACT: Budgeted funds and approved Bond funds Respec ylly submitted: r Lloyd Y. Harrell City Manager Pre ared by: Name: Tom D. Shaw Title: Assistant Purchasing Agent Approved: 151 ohn Marshall eltle; Purchasing Agent DAWCW, rAMS MUNICIPAL BUILDING / 215 E. McKINNEY ST. ! DENTON, TEXAS 78201 MEMORANDUM DATE; June 26, 198b TO: Tom Shaw, Purchasing Agent FROM: Jerry Clark, City Engineer SUBJECT: Concrete Contract - Bid 0026 We have reviewed Bitter Creek Constructions bid and the prices seem to be very good. All their references rated their concrete work highly. The local location (T,w,U.) was visited by David Ayers who also felt their work was good, The Engineering Division feels bitter Creek is qualified to handle the contract. Please contact James Corbin too because the funds come from his budget. Je Car Ci En eer 40400E 81 i /6 0 DIFW METRO 434.25120 I I 1 ! ~ BID 1 9626 1 FLOYD 1 18111ER CREEK I BID TITLE CONTRACT - CONCRETE WORK GLENN I !CONSTRUCTION I OPENED 6-10-86 2500 PH ! SMITH ! I COMPANY I ACCOUHTO ! ! I I ! I ! ,..--------I------------- 1------------- 1-------------! 1 1 OTY 1 ITEM DESCRIPTION 1 VENDOR ! VENDOR 1 VENDOR I -I- - I------------------------- 1------------- 1------------- 1 1. I 1CONCREIE RIPRAP I 31.50 1 I 31.00 1 2. I !REINFORCING STEEL ! .75 1 1 .60 1 3. 1 14' ID MANHOLE I 800.00 1 ! 950.00 1 4. 1 15 X 5 JUIICTION BOM 1 1100.00 ! I 1050.00 1 5. 1 14 ' INLET 1 1000,00 1 ! 1000.00 1 6. 1 16 ' INLET 1 1200,00 1 ! 1150.00 1 7, 1 10' INLET 1 1400.00 1 I 1350.00 1 B. 1 110' INLET ! 1600,00 1 1 1500.00 I 9. I !REBUILT INLET 4' 1 550.00 1 ! 500.00 1 98, 1 IREBUILT INLET 6' I 600.00 1 I 525,00 1 9C. 1 !REBi'1LT INLET 8' I 700.00 1 I 550.00 1 9D. 1 IREBUILT INLET 10' I 800.00 1 1 600.00 ! 10. 1 IRING AND COVER 1 75.00 1 I 80.00 1 ll. I IADJUSTINB MANHOLE ! 300,00 1 I 300.00 1 12. 1 IDOWEL ON-INTEGRAL CURBlFTI 5.50 1 ! 4.00 1 13. 1 ICURB AND GUTTER/FT 1 6.50 1 I 6.50 1 14, 1 !CONCRETE DRIVEWAY I 27.00 1 I 30.00 1 15. ! 16"CONCRETE PAVEMENT RAD 1 29.25 1 1 29.00 1 16. 1 !CONCRETE SIDEWALK 1 14.25 1 1 22.50 1 17, I l5AW CUT i a.00 I I 2.00 1 18, ! !STRUCTURAL CONCRETE CL A 1 3211.00 1 1 275.00 1 ! 1 I ! 1 I ! 1 I I I I ! 1 1 I I I DATE: July 1, 1986 kITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyds Y. Harrell, City Manager SUBJECT: Bid #9627 CDBG Paving for Bushey Street RECOODATION: We recommend this bid be awarded to the lowest bidder Bitter Creek Construction Co. in the amount of #50,404.75. SUMMARY: This bid is for a Community Development Block Grant project to recondition the roadway on Bushey Street. The project involves the removal of the old road surface, curb and gutter and the repaving and installation of new curb and guttering. MCXGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: CDBG FISCAL 111PACT: CDBG Funds Respectf subm tted: Lloyd Y. Harrell City Manager Pr are, by: Name: Tom D. Shaw Title: Assistant Purchasing Agent Approved: r Na 39 ffi rshall Tf is Purchasing Agent MY Of D&WON, TE"S MUNICIPAL BUILDING / 215 E. MOKINNEY ST. l DENTON, TEXAS 78201 MEMORANDUM DATE: June l6, 1966 TU: Tom Shaw, Purchasing Agent FROM; Jerry Clark, City Engineer SUBJECT: Bushey Street Paving - Bid #9627 Bitter Creek Construction was the low bidder on the project. Their references all gave excellent reports of their concreis and site work. They sub-contract their asphalt work out to local contractors. They were briefed on June 24, 1986 as to the proper installation methods and equipment necessary for asphalt pavement in the City of Denton. They were also informed that proper barricading was an e sential part of the project. Since their preparation of r ght-of-way was much lower than the other bidders, we felt it was necessary to question tnem and inform them of our intentions to enforce proper barricading. In summary, we feel they are qualified to complete the project. Subcontracting the asphalt is acceptable, providing they have a general superintendent on the project, The letter on Items S.P-5, S.P.-6, and S.P.-7 should solve the items left Llank since they don't effect the bid total. All references felt Doyle Davis was easy to work with. Please advise if further information is needed. rry L' rk city gineer 00400E 817/588 200 D/f W METAV 434.2620 I I ! I I BID 1 4627 1 CALVERT IBIITER CPEEk 1 JAbDE I AlkINS I BID l1TLE COBB PAVINB BUSHEY ST 1 PAVING !CONSTRUCTION I PUBLIC I BROTHERS I tIPENEO 6-17-86 2000 PH I COMPANY 1 COMPANY 1 1CONSTRUCIION I ACCOUNI# ! 1 I 1 COMPANY I I ! 1 1 1 - --------------------------r-------------I-------------1-------------I-------------I 1 1 QIY I ITEM DESCRIP71ON 1 VENDOR I VENDOR I VENDOR 1 VENDOR 1 - -I- - -----I---------------------- - -1-------------I-------------I-------------I-------------I ! 1 1 1 ! I I I, 1 I 1 LUMP SUM BID 1 63,943,00 1 50,404,75 I 79,585,50 1 63,008,50 1 ! 1 1 1 I I ' I I 1 I ' I I I ! 1 1 ! I 1 I DID BOND I YES I YES I YES I YES 1 I { ! 1 I 1 I 1 I 1 I 1 1 I ! I 1 I ! ! 1 1 I I I l I I 1 1 1 1 ' I I 1 I I r I 1 I 1 I 1 { 1 1 1 I 1 1 1 I I NU. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIU14S OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING; FOR AN EFFECTIVE DATE. WHEREAS, rotate law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $10,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and WHEREAS, Secti,7n 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,UUO; 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 snall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase orders" attached hereto, are hereby approved: PURCHASE 01W ER NUMBER VENDOR AMOUNT 73728 Rone Engineers 19. qn 74022 General Electric C0 _45,860 no SECTION 1.1. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exemptir3 such purchases by the City from the requirements of competitive bide. PAGE ONE SECTION Ii. That because of such emergency, the City Manr.ger or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orde a and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bide. SECTION III. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 198'c. R A CITY OF DENTON, TEXAS ATTEST: CHARLOTTE AELEN, G NECRETAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: DATE: July 1, 1936 CITY COUNCIL REPORT TO: Mayor and Members of the city Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Purchase Order 73728 Rone Engineers RECOMENOATION: We recommend this Purchase Order to Rone Engineers in the amount of $19,362,50 be approved for payment. SUMMARY: Purchase Order #73723 is for analytical services and test- ing for the landfill excavation and re-lining of the disposal sites. This is an ongoing project and necessary for compliance with state and federal regulations. BACKGROUND: Purchase Order #73728, Invoice #1231-GD PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste, Landfill Operations FISCAL IMPACT: 1985/86 Landfill Development Bonds Account #631-002-0803- 8502 Respec f 11y submitted: Lloyd V. Harrell City Manager Pre red by: Name: Tom D. Shaw Title: Assistant Purchasing Agent Anproved: n % rshaII Purchasing Agent ic1s: 9FIrT OF W" 904 TEXAS STREET PURCHME ORDER DENTON, TX 76201 P. 0. NUMBER DATE/VEN90jV0. DOCUMENT TYP 73728 06/1 / C.3 S RoN49aoo VENDOR SHIP TO: ROME ENGINEERS CITY OF DENTON - SOLID HASTE 1130a EMERALD STREET CONFIRMATION ONLY DALLAS• TX 78229 00 NO7 DUPLICATE *"NOTE.- THIS PURCHASE GRDER SUPERSEDES P.O.rt 737,8 SENT 08-21-86 TEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUNT 01 631 002 0803 8502 1 SOIL 6 LINER EVALUATION 19*362.5C REVISED . he City of Denton, Texas Is tax exempt - House Bill No, 20, 707AL FOR P.O. 190E2eSC eference P. 0, Number on all B /L, Shipments and Invoices, hlpments are F. 0, B. City of Denton, or as Indicated, By Send Invoices T0: Direct Inquiries T0: City of Denton,. Accounts Payable John J. Marshall, C, P. M. Purchasing Agent 215 E, McKinney St,, Denton, TX 76201 Tom D. Shaw, C. P. M. Asst, Purchasing Agent (or as indicated on Purchase Order) 817/566.8311 D/FW Metro 267.0041 The City of Denton Is an equal opportunity employer DATE: July 1, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Purchase Order #74022 General Electric Co. RECOMMENDATION: We recommend this emergency purchase to General Electric for #45,860.00 be approved. SUMMARY: This Purchase Order is for the purchase of repair parts for the Steam turbine and accessoris at the City of Denton Power Plant. These parts are of a special nature and manufacture and as replacements are needed they are ordered. The parts are also the best we can find at a one source supplier. BACKGROUND: Purchase Order #74022 and Quotations #417R8606046F from General Electric Co. PROGRAMlS, DEPARTMENTS OR GROUPS AFFECTED: Utilities/Electric Production FISCAL 111PACT: Repairs Account #610-008-0251-8339-E539 There is no additional impact on the General Fund. Res ecitfuiiy submitte r` 111 yd V. Harrel City Manager Prepared by: l J a shall itle: urchasing Agent Approved: o n Marshall ~Tlt1a; Purchasing Agent CITYAW 901.8 TEXAS STREET PURCHASE ORDER DENTON, TX 76201 P, 0, NUMBER DATE /VENDOR NO. DOCUMENT TYP 74022 06/23/86 S05 GENT3500, VENDOR SHIP T0; GENERAL ELECTRIC COMPANY CITY OF DENTUN• 8101 STEMMONS FREEWAY ELECTRIC PRODUCTION Pe O# BOX 225621 1701-A SPENCER ROAD OAi.LAS• TX 7592:1-5821 DENTON* 7X 76205 TEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN- 31 630 008 0251 8339 E539 3 2013J28-001 STEM 1A Z 5 109983000 )7 610 008 0251 8339 E539 1 201SJ25-001 STEM (6) 30610C 33 610 008 0251 8339 E539 3 641A223-001 BUSHING-UPPER 5*577e0L )4 610:008 0251 8339 E539 3 4348342-002 BUSHING-LOWER 68508000 35 610 008 0251 8339 ES39 1 645A147-002 BUSHING-UPPED 1*779.0C M 610';008 0251 8339 ESJ9 1 4366588-006 BUSHING-LOWER 59488.OC )7 610 '008 0251 8339 E539 6 130A335-005 CAMSHAFT VU BEARNG 1s344eOi; 08 610 008 0251 8339 E539 14 655A709-011 ROLLER BUSHING 532.OC 09 610008 0251 8339 E539 1 648A189-001 VALVE DISC 1.646o0l 30 .610 008 0281 8339 E539 1 A1016J69-001 VALVE DISC 2e56880C 11 6LU 008 0251 8339 E539 1 635A973-001 VLVE DISC 18518e0G t2 610 006 0251 8339 E639 1 171A286-001 VALVE D15C 39970001' 13 610 008 0251 8339 E539 3 169A971-001 STEM-DISC PIN 147.00 14 610 008 0261 6339 E639 1 169A971-035 STEM-DISC PIN 59*OC 15 610 008 0251 8339 E539 FOR TUR81N6#1788031-UN17NS .SCeV e City of Denton, Texas Is tax exempt • House BIII No. 20, TOTAL FOR P00. 45986000( Terence P. 0, Number on ail 8 / L, Shipments and invoices. ipments are F, 0. B. City of Denton; or as Indicated. By Send Invoices TO: Direct Inquiries T0; City of Denton, Accounts Payable John J. Marshall, C. P. M. Purchasing Agent 215 E. McKinney St., Denton, TX 76201 Tom D. Shaw, C. P. M. Asst. Purchasing Agent for as indicated on Purchase Order) 817/566.8311 D/FW Metro 2670042 The City of Denton is an equal opportunity employer t TE! CITY COUNCIL REPORT FORMAT June 9, 1986 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL F.7 FROM: LLOYD V, HARRELL, CITY MANAGER SUBJECT: Naming New Park Area RECMNDAT IQA: It is our recommendation that the name of the new park on Morse, Wilson, and Newton Streets be officially named Martin Luther King, Jr. Park. When the new center is constructed, it would usually be named after the park as with Denia and North Lakes. The Park Board has approved this name on the suggestion of residents in the area and councilman Mark Chew. BACKGROUND: The five plus acres of land were just recently purchased by the City with CDBG funds. The Park Board and council are now required to name the new park. PROHAMS DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation Department and Southeast Denton area. FISCAL IMPACT: Increased maintenance and development will add some costs to the Parks Division budget. RESP C ULLY U MITTED: LLOYD Vs HARRELL CITY MANAGER PREPARED BY: Steve Brinkman T!TLE Director, Parks and Recreation APPROVED: TITLE mom ^r_.., x. _V& i. xi-aP :gin I NO. AN ORDINANCE NAMING A PUBLIC PARK AS MARTIN LUTHER KING, JR. • PARK; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has purchased real property for park purposes; and WHEREAS, the City Council has determined that it would be proper and fitting to name the park In honor of Martin Luther King, Jr., NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. j That the public property acquirod for park purposes located adjacent to Morse, Newton and Wilson Streets shall now and here- after be known and designated as Martin Luther King, Jr. Park. { SECTION II. That the Planning and Zoning Commission of the City of Denton, Texas, is hereby authorized and directed to let that public park herein named Martin Luther King, Jr. be so designated on the official map of the City of Denton, Texas. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS I ATTEST: CRAJtL6TTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i BY t J1r✓1 I CITY OF DEN nN DEPAWMNT OF PARKS AND RECREATION POLICY FOR NAMING PARK LANDS AND FACILITIES I. PFDCEDURE FOR NAMING PARK LANDS AND FACILITIES A. The chairman of the Parks and Recreation Board shall name a committee that will be responsible for recommending a name for all park lands and facilities to the Board. B. The committee shall be responsible for research, study and recommendation of a proposed name to the Board. Rationale for the selection of the recommended name shall be given in writing. C. The Parks and Recreation Board shall approve or disapprove of the name recommended by the committee. D. If the committee's recommendation is disapproved by the Board, r then the matter may be referred back to the conaittee for further action. E. Upon.approval, the recommended name will be forwarded to the City Council for their consideration. II. GUIDELINE'S FOR LAMING PARK LANDS AND FACILITIES A. Park lands shall be named within sixty days after acquisition. B. Park lands and facilities shall be named in the following manner: 1. In honor of individuals who donate land for park space; 2. In honor of individuals who sell open space to the City at a reasonable cost; 3. In honor of national and state heroes; 4. In honor of deceased community leaders; S. In rotation to predominant characteristics or physical features (lake, trees, strew, riwtr) of the land; 6. In relation to sub-divisions within the City; 7. In relation to streets adjacent to the park. Recamoendations under 1, 2 and 4 should not be publicized until final action has been taken by the City Council. C. Facilities that area part of or lie within the boundaries of a park shall bear the name of that park (such as Civic Center Swimming Pool or Denia Park Recreation Center). ti CITY of ENTON, MUS Civic Comer I Sol t. "&wey / oenten, Texas FORM CITY OF DENTON PARKS AND RL►CREATION BOARD MEETING MONDAY, APRIL 28, 1986 5:30 P.M. SENIOR CENTER MEMBERS PRESENT: Gary Kirchoff, Vice Chairman Willis Hudspeth Rita Pilkey STAFF PRESENTS Steve Brinkman, Director, Parks al.d Recreation Joy Hesch, Senior Secretary I. MEETING CALLED TO ORDER The meeting was called to order by Gary Kirchoff, Vice Chairman. II. APPROVAL OF MINUTES FROM LAST MEETING On a motion of Willie Hudspeth, second of Rita Pilkey, the minutes of the meeting of March 31, 1986, were approved. III. OLD BUSINESS 1. Development Plansr Steve said Planning and Zoning Commission had asked for development projects from our department. The plans had been modifed by deleting one pool and phases of development had to be listed by the year and what accomplishments would be realized. Capital Improvements. has $1 million for use, but that has been earmarked for streets and drainage with not such left for parks and recreation. Planning and Zoning wanted to know what improvements are needed to maintain status quo city wide. • ~ ~ , d 1'1L~4~ ~SI~ e~~ all '/INN~PrI' ~ • . Denton Parks and fterse"n / Oenten, Tikes / (a! 7) It041 70 Parks and Recreation Board Meeting April 28► 1986 Page - 2 IV. NEW BUSINESS 11 Name New Parks Steve reported that Mark Chew, City Councilman, had indicated that a suitable name for the new park would be Martin Luther King, Jr. Park. Willie Hudspeth moved and Rita Pilkey seconded to recommend the new park, located at Morse and Newton Streets, be named Martin Luther King, Jr. Park. The motion was passed unanimously. 2. Plans for New Centers An architectectural firm is working on plans for the new center and should be completed within next month or two. 3. Farmers Markets Steve said the county extension agent had requested an area in a city facility to be used by vegetable growers to market their wares since K Mart will no longer allow the use of its parking lot for this purpose. Any plans would have to be approved by City Council. The Board decided to table any action until more information can be obtained. V. OTHER BUSINESS Steve submitted a draft copy of a letter to be used requesting donations to help defray the cost of the new recreation center. The Board members requested changes be made to the letter and suggested persons who may be contacted for donations. VI. ADJOURN on a motion by Willie Hudspeth, second of Rita Pilkey, the meeting was adjourned. E D0CU0575 I .t I ♦ i - 19861 Dom ' or C(rY of DffNT0X, rtXAS Clv/rCantu f "l t. MaKlnney / Denton, rixas'rasOt M E M O R A N D U M TO: Betty McKean, Assistant City Manager FROM: Steve Brinkman, Director, Parks and Recreation DATE: May It 1986 SUBJECT: New Park The Park Board formally approved the name Martin Luther King, Jr. Park for the new area which was just purchased with CDBO funds. This park is located at More*# Newton, and Wilson Streets in Denton. The request for naming the park was made by Councilman Mark Chew and has the support of the residents in that area. The Park Board felt that the name was a fitting tribute and that it met the requirement under our guidelines for naming parks in honor of national and/or state heroes. We will be getting with the City Attorney's office to develop a resolution for Council's approval. ~7/ teve Br n man MEM00589 . Denton Parka and Aaor"tion / Denton, Towns (s 1 !)SO"R 7'C CITY Of 09WON, TWUS MUNICIPAL BUILDING / 215 E. MCKINNEY ST, 1 DENTON, TEXAS 76201 MEMORANDUM Date: June 27, 1986 To: Lloyd Harrell, City Manager From: Jeff Meyer, Director of Planning and Development Subject: Proposed Name - Martin Luther King, Jr. Park The Planning and Development Department staff has informally polled the Historic Landmark Commission and the members have expressed no objection to the name "Martin Luther King, Jr, Park". ab 817/50844 D/FW METRO 434.260 Des : 07/01/84 CITY MCIL REPORT t,ell&? TO: Mayor and Members of the City Council V r FROM.. Lloyd Harrell, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING APPROXIMATELY 142 ACRES BEING PART OF THE 14ORREAU FORREST SURVEY, ABSTRACT 417, AND THE GIDEON WALKER. SURVEY, ABSTRACT 13300 AND BEGINNING APPROXIMATELY .9 MILE EAST OF MAYHILL ROAD AND ENDING APPROXIMATELY 20000 FEET EAST OF TRINITY ROAD (A-35) RECOMMENDATION: The Planning and Zoning Commission recommends approval. SUMMARY: If approved, this annexation will extend a 500' strip east along E. McKinney (FM 426) to the southwest corner of the Lakeview a!te already annexed and Zoned. Approximately 80 acres are part of a voluntary request and the balance is proposed for involuntary annexation. BACKGROUND: Oakhill Joint Venture requested voluntary annexation for 80 acres and indicated that future cluster housing/single family detached 6,000 square foot lots would be requested. The City council instituted annexation on May 20, 1986. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Property fronting along F.M. 426 (250' along both sides from the center line) is included in the involuntary portion of the request. At least two residences are located within the 80 acre area requested for voluntary annexation. Sixteen (16) owners were notified of the inclusion of their property in the proposed annexation. Approximately eight (8) residences/ structures appear to be included within the 500' strip proposed along East McKinney. FISCAL IMPACT: Undetermined Re fully s mitt Prepared by: Llo d Harrell y`t:CLCity Manager David Ellison s Senior Planner Appro Jeff Meyer Director of Planning and Development 16818 s ; ~3L N0, AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROIMATELY 142.0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MORREAU FORREST SURVEY, ABSTRACT NO. 4170 AND THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330; DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE, WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and incor- porated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton and Oakhill Joint Venture; and WHEREAS, on opportunity was Iyfforded, at a p blic hearing held for that purpose on the IS-'Zo'day of It 1986 in the Council Chambers for al1T rested pers~'ns io state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was~fforded, at a public hearing held for that purpose on the 6 - day of iYJQ , 1986 in the Council Chambers for allTa'-£erested person c,to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the tract of land described in said Exhibit "A" be, and the same is hereby annexed to the City of Denton, Texas, and the game is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property, situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. SECTION 11. The property described in Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION IIr, Should any section or part of this ordinance be held uncon- stitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconsti- tutionality, illegality, lnvnlidity or Ineffectiveness of such A-35/OAKHILL JOINT VENTURE/PAGE ONE d section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the sane shall be and remain in full force and effect; and should this ordinance for any reason • be ineffective as to any part of the area hereby annexed to the City of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided further, that if there is included within the general description of territory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be hereby ai,r•exed as fully as if such excluded and excepted area were expressly described herein. SECTION IV, This ordinance shall be effective immeC ately upon its passage. Introduced before the City Council on the ,l~ day of M.y , 1986. PASSED AND APPROVED by the City Council on the day of 1986. MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE AMNo MY ? HTARY CITY OF LENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY Of DENTON, TEXAS v':/ A-35/OAXHILL JOINT VSNTURE/PAGE Two 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 Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and being more fully described as follows: BEGINNING at a point lying in the present city limits, said point lying at the intersection of the East boundary lint of the tract described in Ordinance 83-134, with a point lying 2SU feet Northeast of and perpendicular to the center line of F.M. 426 (McKinney Street); THENCE Southeasterly, 250 feet Northeast of and parallel to the center line of F.M. 426 the following 7 courses and distances: (1) South 536 43' East, 712.47 feet to a point, said point bein the beginning of a curve to the left with a radius of 5,479.59 feet, central angle of 36 381, and a chord bearing of South 5S° 31' East, 347,42 feet; (2) Southeast along said curve an arc distance of 347.50 feet to a point; (3) South S70 21' East, 786.6 feet to a point, said point being the beginning of a curve to the right with a radius of 11523.24 feet, a central angle of 14e 431 , and a chord bearing of South 490 59' 30" East 390,18 feet; (4) Southwest along said curve passing the South boundary line of said M. Forrest Survey, same being the North boundary line of said Gideon Walker Survey, and also crossing a county road and continuing an arc distance of 391.20 feet to a point; (5) South 42° 38' East, 1,947,50 feet to a point, said point being the beginning of a curve to the left with a radius of 791.24 feet, a central angle of 300 0', and a chord bearing of South S70 38' East 409,58 feet; (6) Southeast along said curve an arc distance of 414.29 feet to a point; (7) South 726 38' East, 1,220,06 feet to a point for corner, said point lying in the present city limits as established by Ordinance 85-210, Tract I, said point also lying 3n the Feast boundary line of said Gideon Walker Survey; THENCE South 00 45' 09" West along said present city limits and the East boundary line of said survey, a distance of 233.83 feet to a point for corner, said point lying in the Northeast right-of-way of F.M. 426; THENCE South 150 19' 02" East along said present city limits and said survey line crossing said F.M. 426 a distance of 137.12 feet to a point for corner; THENCE South 1° 30' 37" West along said lines a distance of 226,11 feet to a point for corner, said point lying 2S0 feet Southwest of and perpendicular to the center line of F.M. 426; THENCE Northwesterly 250 feet Southwest of and parallel to the center line of F.M. 426 the following 4 courses and distances; (1) Northwest along a curve to the left with a radius of 704.93 feet, a central angle of 23° 241, an arc length of 282.98 feet, a chord bearing of North 600 S6' West, 280.98 feet to a point; (2) North 720 38' West, 1,147.6 feet to a point, said point being the beginning of a curve to the right with a radius of 1,291.74 feet, central angle of 30° 0' and a chord bearing of North 570 38' Westt, 668.65 feet; (3) Northwest along said curve an arc distance of 676.48 feet to a point; (4) North 420 38' West, 86:.57 feet to a point for corner, said point lying in the East boundary line of a tract conveyed to A-35/OAKHILL JOINT VENTURE ,K Daniel H. Bailey by deed dated 11-25.780 and recorded in Volume 917, page 381 of the Deed Records of Dento~i County, Texas; THENCE South 1' 46' 43" West along the East boundary line of said tract, a distance of 4,210.17 feet to a point for corner, said point being the Southeast corner of slid tracts THENCE North 89' 22' 35" West along the South boundary line of ' said tract a distance of 135.38 feet to a point in the middle of Pecan Creek; THENCE Northwesterly along the South and West boundary line of said tract, same being the middle of Pecan Creek, the following 8 courses and distances; (1) North 21' 02' 43" West, 187.49 feet; (2) North 3$' 28' 08" West, 73.37 feet; (3) North 63' 27' 14" West, 181.01 feet; (4) South 61' 44' 31" West, 93.55 feet; (S) North 64' 10' 43" West, 224.81 feet; (6) North 72. 36' 15" Wast, 76.07 feet; (7) North 05' 59' 16" West, 53.31 feet; (8) North 066 S3' 32" East, 380.63 feet to a bend in Pecan Creek; THENCE North 01' 48' 48" Bast continuing along the West boundary line of said tract a distance of 2,796.61 feet to a point; THENCE North 01' 44' 02" East continuing along the West boundary line of said tract a distance of 1,376.66 feet to a point for corner, said point lying 250 feet Southwest of and perpendicular to the center tine of F.M. 426; THENCE Northwesterly, 250 feet Southwest of and parallel to the center line of F.M. 426, the following 5 courses and distances; (1) North 42 381 West, 15.36 feet to a point, said point being the beginning of a curve to t1,e left with a radius of 1,023.24 feet, a central angle of 14' 43'tt and a chord bearing of North 490 59' 30" West, 262.10 feet; (21 Northwest along said curve an arc distance of 261.82 feet to a point; (3) North 57' 21' West, 786.6 feet to a point, said point being the beginning of a curve to the right with a radius of 5,979.58 feet, a central angle of 3 381, and a chord bearing of North 55' 32' West, 379.12 feet; (4) Northwest slon said curve an arc distance of 3'9.14 feet to a point; (5) Nortt 53' 43' West, 346.S$ feet to a point for corner, said point lying in the present city limits as established by Ordinance 83.134; THENCE North 0' 05' East along the present city limits crossing said F.M. 426 (McKinney Street) a distance of 619.61 feet to the place of beginning and containing 142.0 acres of land more or less. A-3S/OAKHILL JOINT VENTURE .w ~,cat~ 'fig-'avkau. r r;•-. ~_:.~r PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the 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 prescat 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, 'texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. I 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 th+ established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc,, on 4he effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the use of City of Denton for electric power, , ,-i.a ,-2•.F°'49P ~`i" y a ?°7 Ci:.. :-.-nk Service 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 Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. s swum * V-4 a V 1~ ~ X23 ~r rT" as- 10 w AiT C) lint# mete //7 SHADY SHOA A-3S ANNEXATION SCHEDULE March 24, 1966 Submit agenda item ✓ March 26, 1986 Submit agenda back-up * ✓ April 1, 1986 City Council sets date, time and place for public hearing April 2, 1986 Notice to Denton Record Chronicle L✓ April 4, 1986 Publish notice and mailout ✓ April 7, 1986 Submit agenda item April 9, 1986 Submit agenda back-up * ✓ April 15, 1986 City council holds first public hearing at regular meeting 4---April 23, 1986 Planning & Zoning Commission makes recommendation on proposed annexation ✓ April 23, 1986 Notice to Denton Record Chronicle April 25, 1986 Publish notice and mailout April 28, 1986 Submit agenda item April 30, 1986 Submit agenda back-up * e/ May 6, 1986 Cty Council holds second public hearing at regular meeting ✓ May 12, 1986 Submit agenda item /May 14, 1986 Submit agenda back-up * ✓ May 20, 1986 City Council institutes annexation proceedings at regular meeting May 22, 1986 ordinance to Denton Record Chronicle v May 25, 1986 Publish ordinance June 140 1986 Submit agenda item ~3tztte-de, 1986 Submit agenda back-up r~ * 3~retexl*4, 1986 Final action by city Council at regular meeting * Denotes action by the City Council 09649 :-IT-f 77 P i 2 Ntqut~s April 2$, 19g6 Pere 11 DECISION: Ms. Brock moved to recommend sp .Smplroval of the 1Secaded by Mr. Escuetanddunanimously carried,(6-0). IV. CONSIDERATIONS A. PRELIMINARY AND FINAL PLAT OF THE CHRISTIANSEN ADDIrto, of 10 oc it .TAFF REPORT: Mr. Ellison stated that the New York Subway ee 6 M tessnn is located on this U,249 acre site which is Theaproperty Isszonedt of Retail, He£a&Itta plat is 1,400rsquareofoot expansion. permit thats4usidewalk is also required and that the owner has been contacted but that he has not gotten back in touch with the staff. He added that the Development Review Committee recommends approval. PETITIONER: Greg Edwards, Metroplex Engineering Corpora- tion, sta ed that he has not been in contact with the owner about the sidewalk issue. He added that he is also not openly oojecting. DECISION: Ms. Brock moved to approve the preliminary and na pat of the Citristiansen Addition, Lot 1, block 1. Seconded by Ms. Cole and unanimously carried (6-0), B. -A-3S. Request of Oakhill Joint Venture and the City of Benton for annexation of approximately 141 acres being part of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 stile east of Mayhill Road and ending approximately 2,000 feat east of Trinity Road. SrAFF,~ , REPORT: Mr, Ellison stated that if approved, this Annexation will extend a SUO foot strip east along East McKinney (FM 426) to the southwest corner of the already annexed site of the proposed Lakeview development. Approx- imately 80 acres are proposed for voluntary annexation, and the balance is proposed for involuntary annexation. The City Council held one public nearing on April 15, 1980, and a second public hearing will be held on May o, 1986, he said that sixteen 06) owners were notified of the proposed nnexation and that the City Council received one reply in favor and zero in opposition for the first public hearing. He said that approximately eight (8) resitjences or struc- tures appear to be within the SOO root strip proposed along Best McKinney. He said a very rough conceptual plan is in- cluded In the backup. He added that staff feels it is a legitimate request. DECISION: Ms. Brock moved to recommend a provat of A-3S, LjXro-n-d-el by Ms. Cole and unanimously carried (o-U), C. A-38, Request of Miller of Texas, Inc. and the Cityy of en on for annexation of approximately 3U1.8 acres betwean 1.35E and FM 426, and being part of the Gideon Walker Sur- vey, Abstract 1330, and the W. Durham Survey, Abstract 330, STAFF REPORT: Mr. Ellison stated that this is the site for the future proposed Lakeview II, South and 1.1. He sold that one City Council public hearing was held on April 1S, 1986. A second and final public hearing will be held on May 6, 1986. He said this annexation request was submitted on January 16, 1006 and the earliest possible data for fi- nal action is June 24, 1986. He said that zoning is not sch,iduled for City Council action until after final annexa- DATE: 07/01/86 CITY COUNCIL REPORT PORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING APPROXIMATELY 299.83 ACRES BETWEEN I-35B AND F.M. 426, BEING PART OF THE GIDEON WALKER SURVEY, ABSTRACT 1330, AND THE W. DURHAM SURVEY, ABSTRACT 330 (A-38) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of April 23, 1986. SUMMARY: This annexation request is for additional property to be included in the Lakeview development proposal. Approximately 1.97 acres is involuntary, but Miller of Texas is planning to negotiate for purchase of the property. BACKGROUND: This annexation request was submitted on January 16, 1986. The City Council instituted annexation of this property on May 20, 1986. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: According to the petitioners, approximately 5 dwelling units and 12 persons are located within the area of proposed annexation. FISCAL IMPACT: Undetermined Re tfully mitte Lloyd Harrell Prepared by: City Manager David Ellison' Senior Planner Appro d Jeff Mey. Director of Planning and Development 1680g a 13r1L NO. • AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND AD'ACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 299.83 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF OBNTON, STATE OF TEXAS AND BEING PART OF THE GIDEON WALKER SURVEY, ABSTRACT Nn, 1330, AND THE W. DURHAM SURVEY, ABSTRACT NO. 3301 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "Al DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and incor- porated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Miller of Texas and the City of Denton; and WHEREAS, an opportunity was4fforded, at a public hearing held for that purpose on the /,5`-- day of / , 1986 in the Council Chambers for all nterested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 67t& day of ers , 1986 in the Council Chambers for all-interested p0 to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effectivo date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the tract of land described in said Exhibit "A" be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of F4aid City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorate part of the taxes levied by the City. SECTION II, The property described in Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which ■ap is hereby amended accordingly. SECTION III. Should any section or part of this ordinance be held uncon- stitutional, illegal or invalid, or the application thereof A-38/MILLER OF TEXAS/PAGE ONE ,t4 A:.C - ineffective or inapplicable as to any territory, such unconsti. tutionality, illegality, invrlidity or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain Tn full force and effect; and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the Cityy of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A10 of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided further, that if there is included within the general description of territory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same Is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. SECTION IV. This ordinance shall be effective immediately upon its passage. Introduced before the City Council un the _4 day of 1986. PASSED AND APPROVED by the City Council on the day of 1986. MAYOR CITY OF DENTON, TEXAS ATTEST; CHARLOTTE ALLEN CITY SEMTNTM CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CI'T'Y ATTORNEY CITY OF DENTON, TEXAS BY: PVC & d tl e-z~d A-38/MILLER OF TEXAS/PAGE TWO 1342E 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 the W. Durham Survey, Abstract 330, and being more fully described as follows: BEGINNING at a point lying in the present city limits, said point lying at the intersection of the North boundary line of the tract descrtuod in Ordinance 84-97, with a point lying in the center of Swisher Road, said point also being the Southwest corner of a tract of land conveyed to George M. Hopkins by deed recorded in Volume 414, Page 65 of the Deed Records of Denton County, Texas; THENCE North 004 061 04" East with the center of Swisher Road and with the west boundary line of said tract a distance of 1,520.87 feet to a point Cir corner, said point being the Western Northwest corner of said tract; THENCE North 890 50' 58" East along the north boundary line of said tract distance of 1,655.56 feet to a point for corner; THENCE North. 000 41' 35" East along the Easterly West boundary line of said tract o distance of 320.18 feet to a point, said point being the North Northwest corner of said Hopkins tract and the Southwest corner of a tract of land conveyed to D. P. Roddy, et sl, by deed recorded in Volume 1363, Page 611 of the Deed Records of Denton County, Texas; THENCE North 00° 08' $1" West along the West line of said Roddy tract a distance of 1,166.92 feet to a point, said point being the Northwest corner of said tract, some being the Southwest corner of a tract of land conveyed to Virginia Lee Fowler by deed recorded in Volume 986, Page 811 of the Deed Records of Denton County, Texas; THENCE north 000 13' 37" West along the West boundary line of said Fowler tract a distance of 373.8S feet to a point; THENCE North 006 41' 25" West along the West boundary line of said Fowler tract a distance of 806.45 feot to a point for corner, said point being the Northwest corner of said tract; THENCE North 890 29' 03" Bast along the North boundary line of said Fowler tract paFsirb at 954.11 feet the Northeast corner of said tract, same being the Northwest corner of a tract of land conveyed to David D. Vaughn by deed recorded in Volume 986, Page 827 of the Deed Records of Denton County, Texas, and continuing a total distance of 1261. 48 feet to a point for corner, said point lying in the North boundary line of said Vaughn tract, said point also being the Southwest corner of a tract of land conveyed to Raymond Lee Grimes by dead recorded in Volume 1411, Page 6S4 of the Deed Records of Denton County, Texas; THENCE North 000 40' 16" West along the West boundary line of said Grimes tract a distance of 83.55 feet to a point, said point being the beginning of a curve to the right with a radius of 1,440.0 feet, a central angle of 220 00' 00", and a chord bearing of North 106 19' 44" Bast, S49.S3 feet; THENCE Northeast along said curve an arc distance of SS1.92 feet to a point; THENCE North 210 190 44" Bast along the West boundary line of said Grimes tract a distance of 698.69 feet to a point for corner, said point being the northwest corner of said tract; A-38/MILLER OF TEXAS w THENCE South 70° 46' 3411 Bast along the North boundary line of said Grimes tract a distance of 2SO.0 feet to a point for corner, said point lyin in the West boundary line of Lake Lewisville, said point atso being the Northeast corner of said tract, same being the Northwest corner of a tract of land conveyed to L. Fultor, by deed recorded in volume 262 page 424 of the Deed Records of Denton County, Texas, and also a U.S. Army Corps of Engineers Monument P-237-W; THENCE Southeasterly along the Bast boundary lire of said Fulton tract, same being the West boundary line of Lake Lewisville, the following 8 courses and distances; (1) South 14. 3S' 32" East, 11164.14 fret to a U.S. Army Corps of Engineers Monument P-2364; (2) North 79° 33' 36" East, 244.92 feet to a U.S. Army Corps of Engineers Monument P-235-W; (3) South 530 O1' 38" Bast, 477.67 feet to a U.S. Army Corps of Engineers Monument P-234-W; (4) south 41° 03' 3411 Bast, 385.97 feet to a U.S. Army Corps of Engineers Monument P-233-W; (S) South 410 32' 37" Bast, 302.15 feet to a U.S. Army Corps of Engineers Monument P-232-W; (6) South 30° 25' 39" Wests 359.62 feet to a U.S. Army Corps of Engineers Monument P-231-W; (7) South S1° 09' 25" West, 681.09 feet to a U.S. Army Corps of Engineers Monument P-230-W (8) South 230 32' 36" West, 247.87 feet to a point for corner, said point also being a U.S. Army Corps of Engineers Monument P-229-W; THENCE South 890 46' 47" West along the South boundary line of said Fulton tract a distance of 715.39 feet to a point for corner, said point being the Southwest corner of said tract, said point also lying in the Bast boundary line of a tract of land conveyed to Steven A. Higgins by deed recorded in Volume 1510. Page 51 of the Deed Records of Denton County, Texas; THENCE South 01° 06' 30" East along the Bast boundary line of said Higgins tract a distance of 765.77 feet to a point, said point being the Southeast corner of said tract, same being the Northeast corner of said Hopkins tract; THENCE South 00° 08' 42" Bast along the East lint of the Hopkins tract a distance of 1,788.SS feet to a point for corner, said point being the Southeast corner of said tract; THENCE South 890 05' 22" West along the South boundary line of said Hopkins tract passing the Northeast corner of the city limits as described in Ordinance 84.97, said point lying in the intersection of Swisher Road to the South and Pockrus Road to the West, and continuing along said city limits and in said Pockrus Road, a distance of 3,550.65 feet to the place of beginning and containing 299.83 acres of land. A-38/MILLER OF TEXAS a PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the 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) Stater 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 j appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plan Annexed Areas Page two F. Streets (1) Emergency 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. Cite planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. service plan Annexed Areas Page three I,. Miscelianeous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established 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. F - };L(/L%i$Ij'l,.yi:''•}:i'itii4:i •'si2"fi'i AGREEMENT LINE OrdIM070 74-33 August 20, 1974 JII.•J ~ .:.i :'r':::: JJJ. j Y ,Yr AGREEME T 1 0.826, q. 447 Q ES Denton City Lirnits !shady Shores City Limits' Corinth City Limits SO! COMPOSITE CITY LIMITS and I .T.J. Annexation Location Map 046TaoOLxx ■~re~a pp1~M•OMATUM sift pm, vjcw"W" p ~r -3 ~C ~ A f r AR i d W ! 4t ANNEXATION SCHEDULE March 24, 1986 Submit aqenda item March 26, 1986 Submit agenda back-up * April 1, 1986 City Council sets dAte, time and place for public hearing April 2, 1986 Notice to Denton Record Chronicle v' April 4, 1966 Publish notice and mailout ✓ April 7, 1986 Submit agenda item April 9, 1986 Submit agend# back-up " 'April 15, 1986 City Council holds first at regular meeting pul~'.ic hearing `--14pcil 23, 1986 Planning & Zoning Commiseion makes recommendation on proposed annexation April 23, 1986 Notice to Denton Record Chronicle April 25, 1986 Publish notice and mahout v~'April 28, 1986 Submit agenda item ✓April 30, 1986 Submit agenda back-up May 6, 1986 City Council holds second public hearing at regular meeting May 12, 1986 Submit agenda item May 14, 1986 Submit agenda back-up * ✓ May 2o, 1986 City Council institutes annexation proceedings at regular meeting May 22, 1986 Ordinance to Denton Record Chronicle /May 25, 1986 Publish ordinance ✓ June 1* 1986 Submit agenda item ✓Jltne1986 Submit agenda back-up 1986 Final action by City Council at regular meeting Denotes action by the City Council 09649 r".~`. ^a,o&F,~aS` ~"t'z~`i.'rc~~~~... .g:E. c•.A :w~ ..T a., . .F Tz'c.' a t: r a P 4 Z Minutes April 239 1946 Palo 11 D CISIONt Ms. Brock moved to recommend approval of the plat of the Summit Addition, Lots 1 and 29 Block 1. Seconded by Mr. Escue and unanimously carried (6.0). IV, CONSIDERATIONS A. PRELIMINARY AND FINAL PLAT OF THE CHRISTIANSEN ADDIrIoN, of , oc . STAFF REPORT: Mr. Ellison stated that the New York Subway Delicatessen is located on this U.249 acre site which is adjacent and west of Avenue C tad south of kaile Drive. The property is toned 93eneral Retail. He said a plat is required before a building permit can be issued for a 1,400 square foot expansion. He said that a sidewalk is also required and that the owner has been contacted but tnat he has not gotten back in touch with the staff. He added that the Development Review Committee recommends approval. PETITIONER: Greg Edwards, Metroplex Engineeriag Corpora- tion, tied that he has not been in contact with the owner about the sidewalk issue. He added that he is also not openly objecti.ig. DECISION: Ms. Brock moved to approve the preliminary and Final plat of the Chrlstisnsen Addition, Lot 1, block 1. Seconded by Ms. Cole and unanimously carried (b-U), B, A-35. Request of Oakhill Joint Venture and the City of Van-ton for annexation of approximately 142 acres being part of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 mile east of Mayhill Road and ending approximately 2,U00 feet eest of Trinity Road, STAFF REPORT: Mr. Ellison stated that if approved, this annexation will extend a 500 foot strip east along East McKinney (FM 426) to the southwest corner of the already annexed site of the proposed Lakeview development. Approx- imately 80 acres are proposed for voluntary annexation, and the balance is proposed for involuntary annexation. The City Council held one public nearing on April l5, 198o, and a second public hearing will be held on May o, 1980, lie said that sixteen (lo) owners were notified of the proposed nnexati.on and that the City council received one reply in favor and zero in opposition for the first public nearing. He said that approximately eight (8) residences or struc- tures appear to be within the 500 foot strip proposed along East McKinney. He said a very rough conceptual plan is in- cluded in the backup. He added that staff feels it is a legitimate request. DECISION: Ms. Brock moved to recomiend approval of A-35, -sse`con a by Ms. Cole and unanimousl! carried (o-0). C.I A-38. Request of Miller of Texas, Inc. and the City of Ue'nKn for annexation of approximately 301.8 acres between I-35B and FM 426, and being part of the Gideon Walker Sur- vey, Abstract 1330, and the W. Durham Survey, Abstract 33U. STAFF REPORT: Mr. Ellison stated that this is the site for the future proposed Lakeview li, South and 1.1. He said that one City Council public hearing was held on April 15, 1986, A second and final public hearing will be held on May 6, 1986. He said this annexation request was submitted on January 16, 1986 and the earliest possible date for fi- nal action is June 24, 1986. He said that toning is not scheduled for City Council action until after final annexa• S. x r. v x.~,;t ,..'az-, "a ~ # w +r tG ?~'='a. il ...wyi r r L, t 1 2 minutes April 23. 1016 Pale 12 Lion action. No said that this is as far east as the city can go without infrxxinlirlnpllon other cities. No limppid that fectidlandxwillhdei4eiolof servedwbyhthlo .ty°oE Deaienaff Lakeview does not develop, Seven property owners were no- tified of the request and o;ie reply was returned in favor and zero were returned in opposition. USCISIONI Ms. Cole moved to recommend approval of A-389 lstnn~~ed by Mr. Pearson and unanimously carried (6-0). D, INTENSITY POLICY AT itOSINSON ROAD AND PROPOSED LOOP 286. STAFF REP RTt Ms. Carson stated that two weeks ago at the Study sess on, the Commission requested that the staff pre- pare a written recommendation for the Commission. The pol- icy change concerning the changing of a low intensity area of Robinson Road and Loop 286 to a moderate intensity node would than be forwarded to the City Council. She said that moderate intensity policies would be applicable to this area if approved. She said if the Commission recommended approval of the moderate intensity node, a resolution will be prepared and presented to the City Council for their consideration in May, Mr, Claiborne asked if they went with the moderate intensi- calvenode, in re=ard~n to of rippling Ms. Carsondoes stated are& rit moderate°node`t Shedsaid typically°indnodeslthatyhavetno development in them, the trend is to expand and increase in size. Sho said that some limit is incurred in this area because ail corners are owned by Oakmont Development. She said that staff will consider all adjacent property outside the 30 acre prototype as low Intensity. She said that the southern part of kobinson Road is zoned single family and some property is used as a golf course so there is some protection. Mr, Claiborne said that some of the node is located in the City of Corinth where the City ha,i no control, Ms. Carson said yes, Mr. Claiborne asked now much of the node is in the City of Corinth. Ms. Carson said a very small amount, Craig Curry, Nelson Cortoration, stated tnat thev are definitely in support for this area to nave a %oderate intensity node. He said it is not their intent to develop an intense corridor but for approval of their proposal, DECISION; Mr, Juren moved to recommend the changing of the ow intensity area of Robinson Road and Loop [nd to a moderate intensity node. Sel;onded by Mr. Pearson and unanimously carried (6.0). E. DISCUSSION Of CAPITAL IMPROVEMB.VT PROUkAM. Mr. Ellison stated that Mr, brinxman from ?arcs and Rec- reation is present to answer any questions about Parks as a directive of the city manager because no representative from the parks department was present at the public hear- ing for the capital improvement program. Ms, Brock asked if there is a possibility that the Morse Street Recreational Center can be built for less tnan 1.6 million dollars. Mr. Brinkman said that the problem with corny s. Hetsaidtthereais i° caused by programto cut s and space in the proposed center, 7~` 71 July 1, 1986 CITY COUNCIL AGENDA ITEM TO. MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd harrell, City Manager SUBJECT Consider an Ordinance Approving the Payment of an Amount not to Exceed $10,000 to the Texas Municipal League to Pay the Cost of Intervening in Litigation Relating to Texas Water Quality Standards; and Providing for an Effective Date # RECOMMENDATION The Public Utility Board at their meeting of June 10, 1986 recommended to the City Council approval of Denton's participation in the proposed "litigation fund" in an amount not to exceed $10,000. SUMMARY On January 10, 1986, the Sportsmen's Club of Texas, the Sierra Club, and Environmental Defense Fund, Inc. filed suit against the Environmental Protection Agency (EPA) alleging that the 1984 Texas Water Quality Standards (TWQS) promulgated by the Texas Water Commission and approved by the EPA are not adequate to satisfy the requirements of the Federal Clean Water Act. The Plaintiffs seek a declaratory judgement that the 1984 TWQS are invalid, and injunctive relief compelling the EPA to promulgate more stringent water quality standards for Texas. If the Plaintiffs are successful, major changes in both the TWQS and the processes by which such standards and implementing criteria are determined may result from this litigation. Attached is a copy of Texas Municipal Leagues' (TML) motion to intervene, a brief in support of intervening and a narrative of the issues outlined by Jim Matthews, an Austin based attorney retained by TML. TML estimates that the allocation of legal fees would be $3,Se/capita, therefore, less than $3,000 for Denton. 4337U:'7 a - - P TML Litigation Page 2 BACKGRUUND In Texas, prllutant limitations, or discharge parameters, are based directly upon the TWgS applicable to the receiving body of water. For every National Pollution Discharge Elimination System (NPDES) permit request, amendment or renewal application filed, the EPA must review the current TWQS and then determine the appropriate NPDES permit pollutant limitations. As the water quality standards dictate the severity of the effluent limitations in the NPDES permits, any tightening of the TWQS will result in the need to revise, modify or revoke outstanding permits. Revisions to the effluent-limitations of NPDES permits would likely require additional technologies or retrofitting of existing equipment, as well as increased monitoring efforts. Unless the discharge parameters established in NPDES permits are based on achievable and reasonable TWQS, the City's ability to continue to provide cost efficient and environmentally sound wastewater treatment services to their customers will be hampered. As indicated in the litigation, Lhe Plaintiffs are aijeking to strengthen the TWQS, but without regard to the available technologies or economic feasibility of implementing such standards. The Plaiitiffs' interpretations of the Act do not appear to fully explore the practical problems associated with the implementation of water quality standards. TML does not oppose more stringent standards, so long as they are found to be necessary to protect the environment ' in accordance with the Clean Water Act. However, since the cities will have to pay most of the cost of implementing technological changes required as a direct result of revisions to existin TWQS, Denton and other cities are opposed to the promulgation of new standards that Ana; be unreasonable considering available technology ur involve substantial costs. The cities at this time cannot predict on which issues that the Plaintiffs, EPA and TML may differ; however, the ppossibilities for good faith disagreements are many. While I- PA is concerned with administering the Clean Water Act, the cities are interested in the effect of the program on the municipal governments that are regulated by EPA. 4337U:8 TILL Litigation Page 3 Of particular concern to the cities is the possibility of court ordered, excessively strict compliance requirements under a rigid timetable, with the implementation, monitoring, and financing burdens being the responsiblity of the cities. Unless someone intervenes on behalf of the cities, the cities may be t-equired to comply with new standards ordered by the Court without having had the chance to defend, or comment upon them. Altho.gh the cities expec' that its arguments relating to the TWOS will differ from those of the Plaintiffs, the same legal questions will be addressed, i.e., the validity of the current TWQS. If the standards are found invalid, TML f will address the same factual and legal issues involved in the promulgations of new or revised standards as will the existing parties. Consequently, the cities' interests in this suit fall somewhere between those of the Plaintiffs' and the bPA. PRUGRAM5 DEPARTMENTS )R GROUPS AFFTgTgi) Denton Municipal Utilities, Citizens, Legal Departme_,t and 'texas Municipal League. FISCAL IMPACT Estimated $3,000 contribution to TML litigation fund Source of Funds: 610-008-0250-8205 Prepared by: Resp ctfu],ly ubmitted: Howard Martin Lld~d Harrell Environmental Services Adm. City Manager Approved by: 1 R. B. ;1 9 )1 Son Au~-~ Director of Utilities EXHIBIT I - Summary of Litigation Contentions II - Ordinance JII - Civil Action CA3-86-0121-R IV - Minutes of PUS 6/10/86 4337U:9 i175L • NO. AN ORDINANCE APPROVING THE PAYMENT OF AN AMOUNT NOT TO EXCEED $10,000 TO THE TEXAS MUNICIPAL LEAGUE TO PAY THE COST OF INTERVENING IN LITIGATION RELATING TO TEXAS WATER QUALITY • STANDARDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 10, 1986, the Sportmen's Clubs of Texas, the Sierra Club, and the Environmental Defense Fund, Inc., as Plaintiffs, filed a lawsuit in U. S. District Court against the U. S. Environmental Protection Agency alleging that the 1984 Texas Water Quality Standards promulgated by the Texas Water Commission and approved by the EPA are not in compliance with the requirements if the Federal Clean Water Act; and WHEREAS, Plaintiffs are seeking to compel EPA to impose more stringent water quality standards in Texas; and WHEREAS, the imposition of more stringent standards could result in substantial and costly improvements being required to be made to municipal wastewater treatment systems; and WHEREAS, the Texas Municipal League ("T,M.L") has retained legal counsel to intervene in said lawsuit in order to protect the interest of its member cities; and WHEREAS, T.M.L. has requested that its members share in the cost of intervening in said lawsuit; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,, SECTION I. That the City Council of the City of Denton approves the payment of an amount not to exceed $10.000 to the rexas Municipal League to pay for the cost of intervening in said lawsuit to protect the interests of the City of Denton. SECTIO14 It. That this ordinance shall become effective immediately upon its passage and approval, 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 DRAYAVITCH, CITY ATTORNEY CITY OF DENTON, 3XAS BY: IN TRZ UNITZO STATES DISTRICT COURT FOR TtiE NODALLAS DIVISION OF TEXAS Is ► of SPORTSMEN'S CLUBS OF TLXAS, 14 SIERJA CLV1, and ) D SlmIltONMENTAL DEFENSE FUND. 3l 114C ) ( )t PLAINTIFFS v. CIVIL ACTION NO. DICX WHITTINGTON as )t REGIONAL ADMINISTRATOR, REGION VI0 U.S. CNVIRON- )l MENTAL PROTECTION AGENCY) LEE N. THOMAS aS ADMINlj- TRATOR, U.S. ENVIRONMENTAL PROTECTION AGENCY and ;i ^1R ~ - ~ CV- O ~ A ~ n U . S . EIr'vI AOt;MLNT AL ) l tr IG it PROTECTION AGENCY H DEFENDANTS )l C I'':P mT atroductian 1. This is a Civil suit for declaratory, inSunctive, and other appropriate relief to (1) set aside the approval by the Enviroc:mental Protection Agency (EPA) of the 'texas water Quality standards (TWOS). (7) require EpA to promulgate water quality standards for the State of Texas, and (3) require EPA to estab- lish a water quality certification program for the State of Texas. Z; The r*deral Clean Mater Act requires that water quality standards be establish*d for all public waters in Texas and 411 $*cause of failures of the state of Texas and SPA, many public Waters in Texas are not meeting the 1913 goal of the Fad- oral Clean Water Act of fishable and swimmable conditions. The state's records reveal that there are over 1,600 miles of major rivers, lakes, and other bodies of water in Texas that are not safe for swimming or not of sufficiently high quality to protect fish and wildlife uses. (See Appendix A.) In addition, many thousands of miles of streams, lakes, and other bodies of water have never been evaluated to determine if they are safe for swim- ming or for fish and wildlife. 5. Plaintiffs and many others have complained of these con- ditions. EPA has failed to comedy this situation and apparently will not take the necessary corrective steps unless ordered to do so by this czurt. Juris at n and Venve 6. This Court has jurisdiction pursuant to federal law in- cluding 21 U.S.C. Sec. 1331 (federal Question)► 33 U-S.C. Sec. 1365 (federal Clean Mater Aet)s 5 U.S.C. Secs. 102 . (Administrative Procedure Act): 26 U.S.C. Secs. 2201.2202 (Declaratory Judgments)i and 26 U.S.C. sec, 1361 (Mandamus), 7. Venue is pre-%or in this Court pursuant to It U.S.C. Sac. 1391(c). So This action is brought to review a decision of the V*Se znviuoniaental Protection Agency and to require further action by the ItSgional Administrator and Administrator of that Agency, Plaintiffs have attempted to participate in the dscisioa-asking • complained of herein, and the degradation o9 the qualic~usi the and will continue to waters have caused# are causing, injury to members of SCOT and to SCM* SCOT files this action on behalf bf its members and itself. 10• plaintiff Sierra Club is a charitable, non•profite he public membership corporation, organised and existing under laws of the State of California. The Lone Star Chapter of the Sierra club is one Of approximately fifty chapters of Chapter the Serra • Club and was loaned in 1965 in Texas. The Lens Star its principal Place of business at 600 west 28th, Suit* 22020 members Austin, Texas 78703. The Sierra Club has over l2oOOO amarea, throughout Texas, a number of whom reside in the a Dallas scien- Sierra club members include recreationists, b tists, lawyers, educators, and many other citizens of Texan this corned with the protection and restoration fwathe waters ter bodies and state. Mcq% a of Sierra club use all major many smaller bodies of water in the state for recreation, for food, for their business, for scientific research, and for mand other purposes, Defendants' actions, complained of heroin, the degradation of the quality of the waters have caused, are causing, and will continue to cause injury to members of Sierra Club and to Sierra Club. Sierra club !ilea this action on behalf of its members and itself. (0y) is 11e plaintiff Environmental Defense fund, Sac. charitable, non-profits public membership corporation organized and existing under the laws of 14+e State of New York with its principal place Of lwsiasss at 868 Park Avenue south, Now York, S in 1973 as Public Law 92.S00, the Federal water pollution control. Act Amendments. This framework established a Pulti•tier approach to protection of water quality including (1) technology based standards for the treatment of each discharge of pollutants, (2) higher treatment levels where necessary to protect water Quality, (3) comprehensive planning for water quality aanagement, and ill federal grants to assist governments in meeting the water quality goals and standards of the Act. Section 101(a) of the Act de- elaxes that it is the goal that all waters of the united states, including interstate and intrastate waters, should be safe for use by fish, shellfish, and wildlife and should be safe for swim- ming and other recreational uses by 1983. Section 101(b) of the Act established the policy that states have the primary responsi- bilities to manage water pollution problems. The Act, however, requires LPA to step in when states fail in these responsibili- ties. 16. The goals and requirements of the federal Clean water Act are not being stet in Texas by the State of Texas or LPA6 ror example, despite the fact that a discharge is not legal unless authorited by a permit under the Act, a recent report of the U.S. General Accounting Office states that over 3,000 discharges exist in Texas without permits from LPA. Kany of these dischargers have sought permmits, but tIA has failed to review the applica- tions and assure that water quality is being protected. rurther, this report finds that over 7S percent of those dischargers with permits are not in compliance with their pemits, am 10 to 20 percent are significantly out of compliances fecause of these s revised in 1973 following the enactment of the rederal water pollution control Act Amendment of 1972 and minas revisions were . made in 1974, 197s► and 1974• These standards as revised word approved by EPA on tebruary 9, 197$• 20. Major revisions to the water quality standards were made by the state of Texaa for its 1979 tri•annual review. 101- lowing negotiations with ZPA, these standards were approved by the Regional Administrator at Region VI of EPA on March 3, 1911. 21, in the 1991 approval document, however. EPA noted that the state should consider a number of revisions to its standards before the next review. (See Appendix E1) 22. Also in 1961, section 303 of the Clean Water hot was amended by Section 28 of public Law 97-117, in which Congress specified a review of all state water quality standards between 1981 and 1981. EPA promulgated new rules in 1913 to establish new requirements for state standards, of particular l.mportance were EPA's rules requiring water quality standards to protect against toxic pollutants. 23. In response to these changes, the State of Texas re- pealed its standards and adopted its 1911 Texas water Quality Standards, hereinafter "1981 TwQSs" During the development of the 1911 Twos and during the period of ZPA's review of these standards, Plaintiffs and others, including certain Texas and federal agencies, submitted written comments to the state of Texas. OThe comments explained areas where the standards were deficient and not consistent with the Act and EPA regulations. The Rtate of Texas refused to correct these defsciencies* a « such as Pi pas. LPA can only issue a permit if appro. sources, is ufsd, it the water quality stan- priate treatment technology Bards will not be violated* ond.if other conditions and preres- uisiteshave been Mato The Secretary of the Army generally may its under Section 404 of the Act which authorizes the issue perm disposal of dredged or fill Material if water quality standards will not be violated and other conditions and prerequisites, have been met. 2s. prior to the issuance of a permit under Sections 402 and 404, the applicant for the permit or licanse must obtain a t certification that the proposed discharge will of violate water tquality standards and other limitatior.~s of the Act* Section 402 of the Act, such a certification must be obtainedfrom the appropriate state if the sate has a qualifying program. To qualify, a state program must provide opportunities for public it a state's program participation in the certification process. does not q-,Alify, the certificate must be obtained from the Administrator of EPA. 29. Neither the State of Texas nor EPA has estab Ushed a certification program for Texas whic,.t., Mesta the requirements of Section 401 of the Act. Therefore, Plaintiffs seesk a Judgmont from this Court pursuant to section $05 of the Act ordering Z to establish and implement a section 401 water quality certifica- tion process for all discharges to navigable waters in the State of Texai. k`i' second Clam improper Decisionomaker 3f. Section 303 og the federal Clean water Act requires the Administrator Of IPA to'review state water quality standards and approve or rs$ect standards or revisions to the standards. tPA has published rules at 40 C.f.i. Part 131 to establish uni- form requirements for water quality standards for all states* While these rules attempt to delegate to the Regional Admiais- trator the authority and responsibility for the review and appro- val process of the standards, uniformity and minimal standards for all states is still required and the decision roust still be made by an accountable public official. 33. The review and approval process for the '084 TWOS was rformed by the Administrator or the Regional Ada►saxts+sor-- not P• of Region vi. The review and approval was performed the Dive As a ictof r f 0. Water anagament Division of Region VI of IPA. e not been properly a ..are not res valid. Plaintiffs seek a reversal and remand of EPA's action of February 26, 1465. Third Claim Improper Conditional"Approval 34, section 303c(3) of the Clean Water Act and EPA's rule 40 C.f.i. Sec. 131.21 require that, upon receipt of a revised or new state water quality standard, IPA must either approve the state standards within 60 days or notify the state of disapproval within-to days. It any standard is disapproved and the state 13 enjoining NPA to carry out is non-discretionary duty to promul- gate the. appropriate water quality standards for segment 8604. It* subita tine trrors in water Quality standards riith claim standards for most waters are Improper 39. The Act and IPA's rules require that water quality standards be set for all waters of the United States. Voss for all waters must be designated and standards set to protect those uses. Where designated uses do not include full protection and propagation of fish, shellfish, and wildlife and proWe for con- tact recreation in and on the water, by July 1, 19030 a use attainability assessment must be performed to demonstrate that attaining these uses is not feasible and to justify lower uses, such as non-contact recreation or limited aquatic life protection. 39. The 1984 TwQS are not consistent with the requirements of Section 303 of the Act and EPA's regulations in that: -'eta) The 1914 TWQS designate uses and have specific stan- dards for only 311 segments and 160120 miles of Texas waters. No uses have been designated for s►any lakes and many other water bodies or segments thereof in Texas. There are therefore no ade- te bases for protecting massy of the waters in Texas. (b) yurther, the State of Texan has set general standards to apply to those water bodies for which no uses have been desig- nated. - Those general standards, however, are eat set to protect tho usis foe contact recreation or for fish and wildlife, Mther these standards often allow degradation of these undesignated recreation and protection of fish and wildlife and designate cri- teria to protect those uses unless a use attainability assessment indicates that such uses cannot be attained on a particular water body or class of water bodies* sixth Claim Improper U4.6"+tions and vs* Designations 424 ypA's rule 60 C.T.A. Sec. 131.10(a) requires the desig- nation of uses for all public bodies of watsr including small or intermittent streams. Where attainab e# every body of water must be designated for contact recreation and protection of aquatic life. if these uses are not attainable, lower uses can be desig- nated, provided, however, that no segment can be designated for the ort of waste or waste assimilation. A stream cannot be dedicated as a sewer or for waste treat=ment. 63. The 1954 Twos violate Rule 40 C.Tels Sec. 131.10(a) in that: (a) Section 333.16(h) of the 1931 TWOS exempts treated ef- fluents from all of the standards, when often treated effluents make up the only waters in dry or intermittent streams. In such cases the streams are in fact often being designated for waste assimilation and waste transport. such uses are specifically prohibited by EPA's rules. (b) Section 333.16(h) of +:he 1961 TWQS exempts "intermit- tent streams" and "effluent dominated" streams from numerical water Qiality standards and, thus,, limits such streams to the general standards. Thus a body of water can be limited to the protection afforded by the general standards even if stuh a water 7 45. Plaintiffs seek a reversal and remand of EPA's actions of February 28, 1985 and an order that !PA pr raptly promulgate revisions to eliminate the exemptions for treated effluents, in• ' termittsnt streams, effluent dominated streams, and mixing cones# seventh Claire Lack of Toxio Standards 46. tPA rule 40 C.f.R. Sec. 131.11(a)(2) requires that each state "review water quality data and identify specific water bodies where toxic pollutants may be adversely affecting water quality or attainment of the designated use or where the levels The of toxic pollutants are at a level to warrant coricernoed," state must then adopt criteria or standards to protect these waters and uses. if narrative rather than numtrical standards for toxic pollutants are used, the state must identify methods for the regulation of discharges of toxic pollutants. With the 1983 rule c.Manges, ZPA placed a high priority on water quality standards for toxic pollutants. (See, for example, Appendix D.) 47. The 1984 TWQS fail to comply with 40 C.E.R. Sec. 131.11. The State of To:-.4p has failed to establish any system- atic process to identify "toxic hot spots." Even when segments with toxic problems are known, the State has failed to establish standards to protect water quality and designated uses. 48* further, Texas has failed to set adequate narrative standards for toxic pollutants, including pesticides, herbicides, heavy oitals, etc. for example, use of one representative organs ism do4s not assure protection of sensitive organisms and does Ail TWgS set criteria for salinity or total dissolved solids for bays and estuaries, despite the fact that CPA has identified the need for such.criteria for the Texas standards. In some cases, cri- teria that have been net are not based on sound scientific rationale, in particular temperature and dissolved oxygen limita- tions were often not set proporlY to protect designated uses. 53. Plaintiffs seek a reversal and remand of XPA's action of February 21, 1985 and an order requiring CPA to set criteria to protect designated uses pursuant to its rubs. Ninth Claire Non-Degradation 54. CPA rule 10 C.F,Ro Sec. 131.12 requires that all water quality standards Include a policy of "antidegradation." The standards must also include implementing methods for this policy to assure at a minimum that 11) existing instream uses shall be maintained and protected,, (2) water, which has a quality that exceeds that necessary to support propagation of fish, shellfish and wildlife, and eontac recreation, be ma ntsined at this hi h- ex level d 13) high quality stars at constitute outstanding national or state resources be maintained and protected. 55. The 1911 TWQS fail to eomply'with CPA's antidegradation rule in than (a) The 1914 TWQS contain a policy statement but no methods for implementing the policy. As part of its February 21, 1915 letter approving these .standards, CPA noted this deficiency. I RECEIVED APR 2 9 MIS hM Tas oMITMD,W*%TSS DISTUCT FM "M MOltU1tM DISTRICT Or j r D11MW DIVISION or %WWO ►~c am ~ and ! smuA WrUOM OSTAL aNrsass _ 9D, 2Mc. f os• f CAI.66~121-R DICK VNITTINSON as f M gionai Administrator f Msgion VI0 Oeited f states MVirawntal : VroteotionAgency, sad f MV~AL PROTMCI'ION I A~IICY ORD=R several pasties are before the Court, urging that they be allowed to intervenal the Court is informed that several acre intavested parties may soon seek intervention. Because adding parties by piecemeal intervention is a waste of resources and could create an unwieldly lawsuit, it is ORDMRED that all motions to intervene be filed by _30? 19160 that I1 responses to motions to intervene be filed by Dune 13, 1906. All pending motions to intervene will be hold and decided with those motions, if any, filed wader this Ordero signed this 22nd day of April, 19669 Qni Stakes District doe _ 11 n~ ' IN TNN UNITED STATES DISTRICT COURT l~ ~--~~L 5 1a \M.rr FOR THS.NORTSSRN DISTRICT of TEXAS DALLAS DIVISION SPORTSMEN'S CLUBS OF TEXAS, S . S SIERRA CLUBr and S S ENVIRONMENTAL DEFENSE FUND, S S Plaintiffs* S s v. S CIVIL ACTION N0. S CA-3-86-0121-R DICK WHITTINGTON as REGIONAL ADMINISTRATOR, $ REGION VIr U.S. ENVIRONMENTAL S PROTECTION AGENCY1 S S LEE H. THOMAS a$ ADMINISTRATOR, S U.8. ENVIRONMENTAL PROTECTION S AGENCY! and S S U.B. ENVIRONMENTAL PROTECTION S AGENCY, S s Defendants. 5 MOTION OF THE TEXAS MUNICIPAL LEAGUE FOR LEAVE TO INTERVENE The Texas Municipal League (hereinafter "TML") respectfully moves this Court to grant it intervention as of right in the above-captioned case pursuant to Federal Rules of Civil Procedure 24(a)(2)r or, in the alternative, to grant permissive intervention pursuant to Federal Rules of Civil Procedure 24(b)(2). TML moves for leave to intervene for the following reasons Page 1 of 10 Motion to Intervene i x. The TML is a statewide organisation whose membership includes more than 900 municipal governments within the State of Texas. TML's members have a special interest in this suit. TML's members are vitally interested in water quality, conservation and development. In exercising their governmental powers, TML's members provide both fresh water supply and/or wastewater collection, treatment and disposal services to citizens throughout the State of Texas. Virtually all TML member cities hold National Pollutant Discharge Elimination System WOES) permits issued by the United States Environmental Protection Agency (EPA) under Section 402 of the Federal Clean Water Act, 33 U.S.C. 51342. NPDES permits authorise and regulate the type and amount of pollutants that can be discharged into navigable waters within the State. Plaintiffs generally allege that the 1984 Texas Water Quality Standards ("TWQS") promulgated by the State of Texas, and approved by EPA were approved under improper procedure and are not stringent enough to satisfy the requirements of the Federal Water Pollution Control Act. Plaintiffs seek a declaratory judgment that the 1984 TWOS are invalid and that EPA must revise, modify or replace them with more stringent water quality standards. If the Plaintiffs are successful, it is foreseeable that TML's member cities may be required to incur substantial costs in retrofitting or installing new pollution control Page Z of lO Motion to Intervene technologies in municipal wastewater System throughout the State. TML has an intese'►t in ensuring that water quality standards and the procedure for their development are consistent with statutory requirements so that pollution control expenditures are not needlessly excessive. II. Section 301 (b)(1)(C) of the Federal Clean Water hot, 33 U,.S.C. 51311, requires that by no later than July 1, 1977, discharges authorised under the NPDES program must meet technology based limitations as well as any more stringent limitations necessary to meet water quality standards established pursuant to any state or federal law or regulation. Under Section 302 of the Federal Clean Water Act, 33 U.S.C. 51312, the EPA must establish water quality based effluent limitations when technology based limitations would not adequately protect water quality. Section 303 of the Federal Clean Water Act, 33 U.S.C. $1313, provides for adoption by states of water quality standards for waters within that state and the review of those standards by the EPA. Finally, Section 401 of the Federal Clean Water Act, 33 U.S.C. 51341, generally requires that any applicant for an NPDES discharge permit obtain a certification from the state where the discharge originates, that any such discharge will comply with the state water quality standards. Pursuant to Section 402 of the Federal Clean Water Act, 33 U.S.C. $13420, any person who wishes to discharge pollutants Page 3 of 10 Motion to intervene into waters of the united States must first obtain a NPDES permit from the EPA. NPDES permits include general terms and conditions that all discharges must meet. These permits also establish limitations on the types and amounts of pollutants that may be discharged. In Texas, pollutant limitations, or discharge parameters, are based directly upon the TWOS applicable to the receiving body of water. For every NPDES permit request, amendment or renewal application filed, the EPA must review the current TWOS and then determine the appropriate NPDES permit pollutant limitations. These limitations must assume that the water quality standards are met. Additionally, whenever the TWOS are revised, the EPA must review all outstanding NPDES permits to make sure that the discharge parameters therein comply with the revised TWOS. Failure to comply with an NPDES permit exposes the permittee to liability for civil penalties. A large number of TML member cities throughout the state own and operate wastewater treatment plants. Each TML member that owns and operates a wastewater treatment plank, discharging to the navigable waters of the United States holds an NPDES permit. As the water quality standards dictate the severity of the effluent limitations the EPA places in the NPDES permit, any tightening of the TWOS will result in the need to revise, modify or revoke outstanding permits. TML asserts, therefore, that such changes will have a direct and significant impact on existing, as well as future, NPDES permits held by TML member cities, Nus, Page 4 of 10 Motion to intervene TML and its members have a direct, substantial and protectable interest in the subject matter of this case. III. TML's member cities are so situated that disposition of this action. may, as a practical matter, impair or impede their ability to protect the legally protectable interest discussed in the preceding paragraph. Unless the discharge parameters established in NPDES permits are based on achievable and reasonable TWQS, TML's member cities' abilities to continue to provide sewage treatment services to their customers throughout the State will be hampered. Any action by this Court that relates to modification of the TWOS will impact NPDES permits, and will thus affect TML'a member cities. IV. TML's interests are not adequately represented by any of the existing parties to the instant action. While the position of the parties and TML are not necessarily adverse, TML's interests differ from those of the parties in significant ways. TML's member cities actually own and operate the municipal infrastructure necessary for supplying drinking water and the treatment and disposal of wastewater in conformity with NPDES permit requirements. TML's membership is broadly diverse including such metropolitan cities as Houston and Dallas on the one hand, and such small communities as Prosper and Poteet, on the other. TML offers a unique and valuable perspective in this Page 5 of 10 Motion to Intervene litigation. Only TML is in the position to adequately defend its interest. Although the EPA has authority to set the standards, the burden to pay for, install and maintain whatever new technologies may be necessary as a result of a revision of the TWQS is on the NPDES permit holder, a class dominated by TML member cities. Consequently, TML's interests in this suit fall somewhere between those of the Plaintiffs and the EPA. TML cannot rely on any existing parties to diligently, competently or zealously safeguard its particular interests. V. TML's application for intervention is tingly. TWO intervention will not delay the resolution of this case. For all of these reasons and for reasons discussed to the attached Brief in Support of Texas Municipal League's Mo.:on to Intervene, TML respectfully requests that its application for intervention be granted under Rule 24(x)(2), Fed. R. Civ. Pro. VI. In the alternative, should this Court deny intervention as of right under Rule 24(x)(2), TML requests the Court to exercise its discretion in favor of allowing intervention under Rule 24(b)(2). Only two considerations are relevant to whether a court may grant permissive intervention. The first issue is whether the applicant will address a question of law or fact in common with the main action.. In the Page 6 of 10 Motion to Intervene preceding paragraph of this motion and in the attached Srief in support of its Motion, TML has explained the nature of its legally protectable interests in this lawsuit. Although TML expects that its arguments relating to the TWOS will differ from those of EPA, the same legal questions will be addressed, i.e., the validity of the current TWQS. If the standards are found invalid, TML will address the same factual and legal issues involved in the promulgation of new or revised standards as will the existing parties. Additionally, because of TML's special expertise and knowledge in matters relating to the implementation of water quality standards at the local level, TKL will be able to provide a different and valuable perspective in examining the adequacy of the TWQS and in offering fair, efficient and reasonable alternatives should the court invalidate any of the TWQS. The second issue under Rule 24(b)(2) is whether intervention will unduly delay or prejudice the adjudication of the rights of the original parties. See, 7A Wright a Miller, Federal Practice i Procedure, $1913 at 552 (1972). TML'a participation in this lawsuit will not unduly delay or prejudice the adjudication of rights of existing parties. TML's intervention will produce just the opposite result. TML's ability to provide the court and the existing parties with a studied perspective of a major segment of the class of NPDES permit holders will facilitate the ultimate resolution of this case. Page 7 of 10 Motion to Intervene The more fact that adding TML -to the suit may take additional time does not marshall against such intervention. The court must balance whatever delay there will be against the advantages of the fair and comprehensive disposition of all of the claims or defenses in a single lawsuit. Be*, Id, at 553. Any additional delay costs associated with the addition of TML as a party to this suit will be more than offset by the benefits Tim will provide to this suit through its expertise and practical knowledge of the issues involved. TML is prepared to make major contributions to ensure the speedy and fair resolution of this suit and its request to participate as a defendant should be granted. TML is prepared to meet any reasonable procedural schedule of the court. VII. Attached hereto is a Brief in support of this Motion and a proposed order granting TML's Motion for Leave to Intervene. In addition, attached is the TML's proposed original Answer. It is hereby requested that oral argument on this Motion be granted due to the complexity of the legal principles involved. VIII. WHEREFORE, TML respectfully requests the Court to grant its Motion for Leave to Intervene in this action. Page 8 of 10 Motion to Intervene Respectfully submitted, LLOYD, GOSSELINKO RYAN i FOWLER, P . C . P. 0. Box 1725 Austin, Texas 78767 (512) 472-4551 Jim ewe ear H 13188700 ATTORNEY FOR TEXAS MUNICIPAL LEAGUE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing MOTION OF THE TEXAS MUNICIPAL LEAGUE FOR LEAVE TO INTERVENE, instrument has been served upon the parties and individuals set forth below by certified snail, return receipt requested, on this .76A~ day of May, 1986. Stuart N. Henry and Associates 2103 Rio Grande Austin, Texas 78705 Jeffrey Gaba, Esq. Storey Hall 3315 Daniels Dallas, Texas 75275 James T.H. Tripp, Esq. Environmental Defense Fund, Inc. 444 Park Avenue South New York, New York 10016 Bonnie A. Sullivan, Esq U.S. Department of Justice Land and Natural Resource Division Environmental Defense Section P. 0. Sox 23986 Lon'snFant Plata Station Washington, D.C. 20026-3986 Page 9 of 10 Motion to Intervene Maryp Ann Moore, Ssa. Assistant United States Attorney 1100 Comore* Street, Room 16020 Dallas, Texas 73262 iTm- Math CERTIFICATE OF CONFERENCE This is to certify that on May 294, 1986, a telephone conference was held with Bonnie Sullivan, Counsel for Defendants, regarding the application of the Texas Muncipal League for intervention in this proceeding. After discussion, No, Sullivan agreed that Defendants do not oppose the intervention of applicant in this proceeding. This is to further certify that on May 29, 1986, a telephone conference war held with Stuart Henry, Lead Counsel for Plaintiffs, regarding the 'atervention of applicant in this proceeding. After discussion, an agreement could not be reached. It was understood by applicant that Plaintiff would oppose applicant's Motion for Leave to Intervene. J Fm Mathews 4T2o64200.9/12 Page In of 10 Motion to Intervene FOR THE NORTHZJkV DISTRICT OF TEXAS SPORTSMZN'S CLUBS OF TEXAS, S SIERRA CLUB, and S ENVIRONMENTAL DEFENSE FUNDo Plaintiffs, S i6'.% i:,. } I.1!'I~- ~r;~. -?~i i• r ) 11 C,1 a :Il. , a'f Y v. $ CIVIL ACTION NO. DICK WHITTINGTON as $ RtGIOli1►`L ADMIMIli'1'RJ►TOR j' ; S' REGION VI, U48, ENVIRONMENTAL S -'PROTMION AMONCY LEB.24'~ XOMAS SS ADNjJrNI~O*j, U.3./~ENVIRONMENTAL PROTECTION $ AGENCY and U 48,~e"ENVIRONIIOWAL PltciTWTIO* } AGENCY, S Defendants. '4 i i v i rr BRIEF IN SUPPORT OF TZIAS MUNCIPAL a~, ~;,'„i L~lIGt16~~81 MOfiIOf~,TO~ IN~RV1~11B , r. s•,,,.; !Ii i Jf i:.. E'.~ ~ r r,., !f il'1, ill. i, ) . ? ,r E`)'. ,ifa~~` '"Y Texas Municipal League (hereinafter "TML") hereby submits its brief in support of its Motion to Intervene in the above-referenced cause. I o INTRODUCTION ~1':~!!i.' ,.~1 rril ~ i1 I .i... fY1. i. t"i CI ';'~S~ii~} ~ i'. The TML is a statewide organization composed of over 900 ~llmunicipalities located within the State of Texas. TML has a member city in virtually every county within the State. TML J:'!T members include such major metropolitan centers as Houston, Page 1 of 21 Brief in Support of /y{NL's (I Motion to Intervene F>f a ~,r r}?7 1 4 Dallas, San Antsoi4,'t.sad Austin frs 'wejl is* $"II.,town communities f~.% i e 4`i~''r "~.f~f~ ° ;f ::',j.~1,!'y like Most and Prosperwt Vmio;Tm Va.s founded in 1913 for the purpose of advancing the best interests of the people of Texas through (1) the rendering of",special and general services which individual cities may have neither the time, expertise nor money to perform alone, (3) the maintenance of a central bureau of information to provide member municipalities with research and analysec,oCegarding a wide ,variety of local government and regulatory )oics o and ( 3) the cooperation 'vi :Mas#w 9oI& ai~os.:and other gove antal agencies -in all matters, whjgbh, 41fent;:.1he rights and a4zies of the cities o,C Toms ;in;:Vrdnr tw4orelep.:tand foster a harmonious relationship between the two. P.f , In exercising their governmentn3o psnrscsy, ;T1sY,, ,meabsx cities provide the municipal infrastructure necessary to perform the essential services of supplying drinking water and providing wastewater treatment,.,,) an& , di'spooml ,k for f fpeusons throughout the state, TML member cities rely on surface water for drinking i"water supplies and recreational use. They also discharge treated S,t C1 Tt municipal wastewater into the surface waters of the State. Because of these diverse uses of surface waters, TML member cities have a strong interest in ensuring that water quality standards adequately protect the quality of the waters while t'.f i!is ir.. •f~.' (17 ~{•y i f!.'..t.?!. f 7l.. itJ i'f balancing their impact on ratepayers and taxpayers. + .'1..1.. Sri ' tr;t`tirJ".-' r~ l.;,r+~ ~ ' 1+ f`~~ f r'~ ~ ..9'-Y~+I'':IPI Additionally, TML member cities are vitally concerned with the e fi ~~.e , ,.{ta .fi; lS:7lJ':S •P'~?~. . l.Ci!~i~'3G1 process and procedure through which the Texas Water Quality Pays Z of 31 Srief in Support of TML's tc, motion to intervene . r ,':,.sn t 1r: 1 Dallas, San Antonio, and Austin as well as small town communities like Poteet and Prosper. The TML was founded in 1913 for the purpose of advancing the best interests of the people of Texas through (1) the rendering of special and general services which individual cities may have neither the time, expertise nor money to perform alone, (2) the maintenance of a central bureau of information to provide member municipalities with research and analyses regarding a wide variety of local government and regulatory f-^pics, and (3) the cooperation of municipalities and other gove!.••^ental agencies in all matters which affect the rights and uucies of the cities of Texas in order to develop and foster a harmonious relationship between the two* in' exercising their governmental powers, TML member cities provide the municipal infrastructure necessary to perform the essential services of supplying drinking water and providing wastewater treatment and disposal for persons throughout the State. TML member cities rely on surface water for drinking water supplies and recreational use. They also discharge treated municipal wastewater into the surface waters of the State. Because of these diverse uses of surface waters, TML member cities have a strong interest in ensuring that water quality standards adequately protect the quality of the waters while balancing their impact on ratepayers and taxpayers. Additionally, TML member cities are vitally concerned with the process and procedure through which the Texas Water Quality Page 3 of 21 Brief in Support of TML's motion to intervene 777- St ►ti`datr'ds 'i '11~?S~"t ri tarw► ap 0646d, ' and 'iStpVAntid. 8 tied;F ~f~ : tr t i~iFht:) aro k ~i hsfr+~inagtet r "P0'i+M" V.:' and.:1 hold p int*'' is`s'n'e!! by'46ih tihe yokoxttii WA.tir CoMission and the U41tad ~Lkttlr i~'t~viroi~metttati' pr8'tec~idn,'AgeA'cty''(BPA) ~n►hich saloti►'th~t'O dis'ehtide Ytreit" !Offluoht into the waiters,of tAe Etltiitod 3tatesi 'phi`'`1~►A'-'~e~'~!#.ts;~~lld''Nati~rlahjPbi~lot-loA Dtsctrtgii•~asl~i{sfinatib'h 8 st'arve' 't~iPDES`){ pi`rYaif' 't'ii'fited purtnant <<tb seb~'isin`' 403' of ;ttb* Federal Clean Water Act (the "Act* 33 U.S C f ~41.3i9 ~ t"iftiklatfa thi-'tipi'NAd',hm"it `b! ~Ob 'l~+itir tl)`~that•' 'Can.: be disd?iil'rged into ititx+sysbii` atii~+e'sss'fMitli~t'n tt~d,:% ~t`it~ ~ ° Ttia~'disr)har~ ;;Li~wia'atiCcrrs 'ij¢o~ici'iied~' i~l`hesi ~i`mi~¢i'M1sa' lla~iall' dxtreotl~► od tttrecr,TA'1t~4abkt '4uallity~-'It Mi►rdt; f~'TW( S") r t3edtimri> , s03 , rrgeirert '1M3ti blwc Cities which operate POTWs to meet, av a ` 01-M h SO, "Offlojoat limitations based on secondary t'at4*tOoA%'t4th*6jo (Ato i93'QMMY`(l)'(9') of 'thee lid,. ~')Ih'tdditidn)i a8aotidii ~tid2 NPb%S permits may ~ ilso 46641iied,11 deioliiricd{ Vitht ) abie-_ 1atriugentj ',:effluent limitations, established pursuant to 430IM s whigoh, "be neceiltlittj tb' n4+~et, Wateit 'llisialitii "sLaridalc+3s. Thus, :the' TWOS serve as th )pr-i'hcdija-1 bisis' for i&ttiKq requirements for jNPDES permits f .i Jl'. ~.:a SRS Si.'f 1? ~Y,r, 1 f.• El;. ,{i'i '-l. !'i'; iS in Td *a4'* Any altetr~ tir n in a►st,er^> gha]ritp sbaadards will t .,j r i f7: ++r i inevitably` iff6cV thi' torski of 10021upetmits, held bye.TML member i.r i ~.t'g, L•plr,! 9L) i 1(,'ri '_1li)fC citiai . ' • Cohde+ggih'tlY E „TXL. lxomb6t8 ( may, ~ shoulder f )mk1+ch of the burden of implementing technological changes -F i r. -rogtsired as a lirecti raaq~,t;,r.' arri `io►s'to °exi.0t!iMi TW t?8►' Page 3 of Zl t 't<J t ty f; r sriof in support of TML's Motion to Intervene t.OA! P'ebtoatYr.r2s,,..a1, : ~Rt~a~►~~R,. t~~'.''•, %°*;~r.~ ~iaieti3fs ? 1311194 rthis;:ltct},#~Ar 6a4 R►g tQ;r, nr!4 d!!► e;, Twos on rernda =hat t:.ttlo LP# ;did, not ; oL1pK pr' l dWK!M, ,re94ire4 by ..,.:h!! Aftlni wative : Rsoaedar• Aot',' 1 #P11 ~ ► , 3, U ~ 5,2.. i et r ! Plaintiffs alsp acsqu st; this our: , to pxq ido ajaAq~ ,vo rol,~of to Vequiro ,EPA to full 411 cogta44, 40,4+ef, "pd*t~ by tbl4;; l1Ct , ft.us,,,1plainti~fta; ,ask .bh.4p, €Cogrt r to r,syipW both ;•rQr4 !a o ptopr i'ety , .ol ,SPA !s... promul,90 ion . of, .tbo. ,'='wQ$ off : tho ilwl~tot+►os!°' t; rTMb Ja 00th9r i r*& ;tQ antom►ap~ o > #s ;iah~144itr i a4Se! any: ;ohapgos An ther sTK#V wiJi ; ,djreat;ly ,#oA .~pubot#►nt of r ~;~l .opk Ott r11MPDINI I pornits 0014, by, TVA I 4e14bors., T%'#4 kpz a1►~rf Litigation ion dos- ved <,t from the: into;*Pt%;, ol, its ;ors,; oponIA''s asserted Qu Aheis; behalf . . fbh_t ~,4,Circ$ki,t,►r r r#t,tt~Jng . 0f4t j R9o4!;t 1'rest&t4d thC teet;: for f itater;vontiool: ,Q#. right un4o; ir#Oorn.: )tul4 ,:,QX :Qiv~rl,;Procedure 241at2?: ~ ~r, ~ t,< t;rirr r , ~rr w+sil-sotz4,ed, r;that, + to, Aatoxy,Ae ' as, off, fight es:h of the four requirements must be mete (1 the appiLaation,::forr;;iptervent4on - P00" =:OR t+ip,*Wt , (2)'; the applicant must have an interest relating to the proipert or,: ransaatdou ;wh&all t,t)o subject Q~ ~►h• ;t action; (3) the applicant must be so situated that t e+ dirspositioa :,op°.iths $44""14 ayr ]ail~,t, JW&#4$4iVK,i', A matter, impair or impede his ability to protect l . <<, il'Ahat illtesrests; +A) tbo r11p1pi.i9ent'~; :,Anti ;oust,1;.:+ i inadequately represented by the existing parties to 0,'.t ithei suitae,w% ii I',;fJ ;!'J17 5170 New Orleans Public s,ervi-oa ; LnQ v.; 1 tt~$,:liass Pik 7)2 rod 452, 463 (5th Cir. 1984) (on bans) (quoting Int'1 Tank Pao4of 21 ar of in Support of THL's a l jii,m lo Motion to Intervene c)., w,,:Jc7 On February 28, 198S, EPA approved the TNQS in part. Plaintiffs filed this action seeking to invalidate the TWQS on grounds that the EPA did not follow procedures roquired by the Adminis%rative Procedure Act (APA), 5 U,S,C, 5552 et seq. Plaintiffs also request this Court to provide injunctive relief to require EPA to fulfill certain duties mandated by the Act, Thus, plaintiffs ask this Court to review both the procedural proprtety of EPA's promulgation of the TWQS and the substance of the TWQS themselves, TML is authorized to intervene in this lawsuit because any changes in the TWQS will directly and substantially affect the NPDRS permits held by TML members, TML's interest in this litigation is derived from the interest of its members and is asserted on their behalf, 111, STAMPARD FOR INTERVENTION The Fifth Circuit, sitting on bane, has recently restated the test for intervention of right under Federal Rule of Civil Procedure 24(a(2)s it is well-settled that to intervene as of right each of the four requirements must be mots (1) the application for intervention must be timelyl (2) the applicant must have an interest relating to the property or transaction which is the subject of the action= (3) the applicant must be so situated that the disposition of the action may, as a practical :natter, impair or impede his ability to protect that interest; (4) the applicant's interest must be inadequately represented by the existing parties to the suit, New Orleans rvice, Inc* v, United Gas Pipe Line Cot, 732 F,2d 452, 463 (5th Ciro 1984) (en bane) (quoting Int'1 Tank Page 4 of 21 Brief in Sup )rt of TML': Motion to Intervene irta ' IV . r! head&& d~ rfttw = slf P Ad 14401, 966 -'Ifth Cie 4 147b~'3" ` "w obitit that its dbtibq.'to~C:,,rlnt~esew nt ~aR' r it four raqui1reaaMsts,,for JentetwnEi" Vof,; right`e ,In: the alt*ritatirei TNL is '14dtilSi4d toi'~iftteroone'-'Vitb the pexskission;'.ofrthee aoeo undibr' Rule 24 (b) 3 of , the `pdderil ' Rules of ~ Civil procedure :because idterveatioa will dot deity!, this civil ?aetiibao sand OW-4,defenses gild theImasa. act Low~shako~Icoftow;~tis*tibns; of< 1av and net.. l 1114 A. Timeliness t ~3 TJ s s`- eotiona.~afos3~~3sa~e lto 'intervenor is 'tinily. This swtioh4t bethOt Iftled-:Mtthin-!thy: deaolistat set byI the aoert >ofmxay 150, 1981 tot'~ -caonsolidAtting' al-I'Jmetionw for leave to intezvowAn thol'.present lavoult* iThe' parties' ir bava,i hot begun: diedwo eypoadd thus th6y,,!wi11, not be Prejudiced- ;by,I,; TNL'a interv#ntioay Accorcdihq+lye -MXL,.' satisfies the :first ~;$lemeat of.; tbei.:'t<est:j'; iintorventioni of,` ~rright'1' B le-, M, Us a direct', ; substantial , ~Iand 1 pcotoctablW' interest a t s act on. The Fifth Circuit has interpreted Rule 24(a)(2) as j -f f, c; f)'Iif7 ~:,%1a k,l _~i1;i!(1 sy f.'.• t r,. ,:~i,rl(i~ iC_I i,. .i?. requiring the applicant to show a direct, substeAtial, and legally protectable interest in the subject matter of the lawsuit in order to intervene of right, S*a New Orleans Public Service V. United States Gas Pipeline Co., 732 rAd 452, 463 (5th Cir. 1994). TNL has such an interest in this case. .'rl•; ~ i:: i,'{p.~,}! j~ ;J `.)!Y ,(`.I L.S I. ~J ,~.S!is`h~'.~1 ''?I~,, f:.vt):? , .i 1 TNL's member cities are legally required to operate within the conditions of their NPDES permits which are based upon Page S of 21 brief in support of TNL's `t;"i~' o, ; Notion to Intervene o'rmi- t , cu., (IfA the CA&Vk IWt ' T ;PlAiati,f.#.e', ie~Ftt tapuest* 1 Chet; 2ax'0 apprbval' O the TNQS !►g .~Ralaa~gd i~tv~t,~~d~ that SPA be, otderid .th,poraduigabe :O.5 and mare lat"4qopt water gwhLty4 standards,, for= the istete "vt Texas$ that ; the 'state Certification 'progtam,~ be -.deplaned 'invalidI :and that EPA establish a, watlr - quality ~mcertlfioatidn- process;, for all disoh&rgoa.4n ,the State. Major ehange%*:,in ;both >sthe,T",aadc. the, proaesses.,bydwhiab such standards And implementing criteria are dsterained.may result from this litigation. ;:seakussi they--sffluent nitations l Containv&'N in NPDES permits are Used di rsetly,-on- the ;,water, r quaJity..,,, standat°ds-4 ievsbidati°od and4 ahs"ngesl to,(ths,>>TWOS woul& foreseeably VAMbIt, III . changes ,of effluent ~admitatlons , in both evisting an&!rslvi,sed NPDtS permits hlld 1, by- , T!Qi moilbor vitios . Thus l + the,, btrdea-; gib! implementino ~ the neivoi"08 would fall upoh° THU meaber,,vititsiomot the EPA* Revisions to the TWQS and offlusnt~CLibiitatLabs( ioFf, NPDrA permitsl would ( lilieiy~ require addit~ oasl teahaolei~~{ or retrofitting of existing equipment, as well as increased 11 f, . ~ s?~f}'. ~i~,.'l" i-t r~.'t=Pf :,f~ ; i, r. ~ ~ •r+il'Y' monitoring efforts. The municipally owned treatment plants and their local .ax or rate paying customers would be forced to bear these additional costs. TML does not oppose more stringent standards, so long as they are found to be necessary to protect the envi-.)nment within the dictates Of the Act. On the other {t.,~Cf hand, TKI; is opposed to the promulgation of new standards that are unreasonable in light of technological or economic constraints. Page 6 of 21 Brief in Support of TWN e ',i ir'T ' .'~sl Y ti?~.;rr<? ~t ;tgi'sh Notion to Intervene "iGl a r 1 < . f rv C)- f7 ,3 I :~C7i~! riY the current TWQS as approved by the EPA. Plaintiffs' anit requests that EPA's approval of the TWQS be declared invalid, that EPA be ordered to promulgate new and more stringent water quality. standards for the State of Texas= that the state certification program be declared invalidl and that EPA establish a water quality certification process for all discharges in the State. Major changes in both the TWQS and the processes by which such standards and implementing criteria are determined may result from this litigation. Because the effluent limitations contained in NPDES permits are based directly on the water quality standards, .invalidation and changes to the TWO$ would foreseeably result in changes of effluent limitations in both existing and revised NPDES permits held by TML member cities. Thus, the burden of implementing the new TWOS would fall upon TML member cities, not :the EPA. Revisions to the TWQS and effluent limitations of NPDES permits would likely require additional technologies or retrofitting of existing equipment, as well as increased, monitoring efforts. The municipally owned treatment plants and their local :ax or rate paying customers would be forced to bear these additional costs. TML does not oppose more stringent standards, so long as they are found to be necessary to protect the environment within the dictates of the Act. On the other hand, TML is opposed to the promulgation of new standards that are unreasonable in light of technological or economic constraints. Page 6 of 21 Brief in Sup ort of TML's Motion to WerVene tom.. . _ t , hes, ;a ~ire~~ sp444t~R~ial;.,p,aad .,~#q~~.,iy{p~Ptectable interest is We.- 04k WAgA00, of Aq :testy: for., $Pter,ye~tLo IQg rAVOt•.., :TPW be#, Ao''intersot ;.im. pprtiaiPet:,ttg in 0,4;:8 0t. ,t9 rqy*ax~- the logs'l end Q RAtific 040quacy- of the,, 'exieti.ng,TWQ$ ,end in (ashign.ipq A; re.,dyr if, is; nea4ssarY. i o o t n- r. it ox a TWLI a ObIlity to protect Its e _qaLjy f 1 ;'.Il•. i;.) lif`{ ,1 l 1'•. 4 i.! F T'•'.i: I1'1 MAR i?iai,ati.ffs'.;; gol►~, ip;: this ,.444.,4's to fora! ,pax, ap4, !~x;3ctex ;water ,ggality,,,stan4# ds in 0 4ta►te of Test±l= Op,!y►e~ permitted ae;, iRter(14ene M4Y Its : r"14k;ed.; tQ; co~pAi7► Mitt spx; uew. st{k.;kAa;4e, ,n*gossit+4te4r6bY -;u,1094 09 th* C9 ,A4. w 4 490, 410,49? hqd,, thst,,,ghance , :to„ohe~,ienSie, derfer 4r. aorpt upp~} !+e., CQt1 eqo ntiYr,,TML's :cniY ,ra*MOY in such, case, KOUId b*,,, to,iPRle1, 8490 new oAgAar4q :alter! .tih'Y ?:ec+4me f f r►s!~ • In ; t1~4 me~ntri, M~l~:; .xJ4{.. gt41d j, sY~4 ,!'at S'l 'Qo P„l sAce apo,, snfgxcemgQ~;;,4f ; the xRY~.eR~lF 1R i8 nfAd,, . 9/,~O41y,.;,;, 909,. .,l4Dly.QC. Cam ;r(applipant,~l., 4 re(r:,•({n~!.a~7te'r`Velt. F04,, to arOi :tpate #A. +TT) r T~ tT9ma~ i ;i j~,rc ~d{lp ~~vo juotc#al, review of pe,04 .s0oga ,pfter ;p.;osPnlq+tiop Wg ~,4;; aas: s li?rf9t#c,+Fh ttsfi af,fgrd much" lees r„protectipa") ~hersi~c~ft~.az; 1. it is therNfors, pps,rAttve t4at „t#e Coyr,t a o+ TK .ta ,t~atarY4s~e ,,Ao , thst t:§e ; ter:; x, . x ?~Qi # t11.1#n , h5q, deter~pin4tiq Vie:. p :44:e¢4~ff d;1 1~4bs !f!tiY,t,, d cy off, tt3e 4d;~,eApz9vs b £ l4f~d in t~AAXOOOPM~Afi 4# .t~ r"04YIV if" 4490 I'm.. "Pece4~~ Yr, r Page 7 of 21 Brief in Support of TML's r, Motion to intervene $t'6fi►%tT6hA: r and, " {b"ueieiae'i 9000 '100r684htinq the t` h'd'*66iwiiAity' 6Va' `been' lEoi~ed 'toy lhti6ina fed of right in sevoiAl ..'Ciiisi" idd'se`dai nq 'tM va idit~►' ' bf state aAd f fra2' rtgblh'tiod . ' 'in 440 `xork' F'aibl o' Ittt'erast' Reteecctl' Grorip~~ i'na~:` ii R`MI*nts. of the dniVdrett~ of 'the Sta_ tt of `Vw Xoirk j' 516' P ,2d! 30' ltd Cir. 1975) (hereinafter "NYPIRG"), the Second CirdU Wallowrd a tflrilaafut'itii 3' ass6lsia4til~n `tq 'iybter~ea~i ii ` aei tkdAl brought' by consumers to enjoin enforcement of a *tAtA e9 §h rl lation. The, raj} iitida -in '4uedj"i6n prohibitdd' 'the" idVdiAi4ement of preicrlpti6h u, ug JAWS. Thi boutt' 161und' I~'IhAt 1 ' ih`e` hid `a`"' stlbstasttii l lliEetsst~'`'lb :'t `i, li't1`j(8itibn'`baded 'on` W) `t6d a aotbio `'iapitdk 'bf `'th' ''rti~l l `xor►' thi'n` Qrofsssiots ' ariii' t3'1 the Obb bilit'Y' tha 'th!''rul'f ' idijbil wb'Ih lead, *o'' Yilynifi'ds'nt"' bh'ac'ges in `the 'Orofd6ii`bn`:4n&' in"'rh`e""*iy p si' ;;cdtidu'dli: Ch'ai'r' !iu'si'h'eeiis V~ ,2 a't,r; M- harmadist Korodit'ra1tho44h""th41" NYO%kG t+brf~t dckh6wl'e'dg4U tWit< lth'a, Fharmabi`d't's' cduid' ittLdk` al-ny nazi 't+ +qul'atida'i'!''°thl 'CUrra lti "'aliii wer'e' i'hva1'idAted',` "th0t`'=66urt '%4as concerned dttite' debirsiil"'`af°le~dt' i i adverse dreisibn'«` 'on ' thdf `aidi'1`3'ty JBf the"- °phriiahac'istt; 't'b ' ekptess ' theiY` A2`so 's 6b 1►t1'aotia 'ba'v. 661 14'' United S ataa "Fa& gie (`g'thf 'Cif` 146Y9' '4`6Y9 fteihbdr6 y. '$heakhbn`;Mdjdbhl' stomil tNb':`' 5*6 *,SupVO b'li '~OVtiih~'"t0 r f §f 4 '~~vi' air,yrppi''Ca'rlt' t~ie"fYght '~o i'nt`it'v~niif f ~a wtiht i' M11ir Frditr'iti lracti ' • 'ae 'a''~bc+td~ll~i~, "gl~~b, a~~' S'i`d Page ! of 21 Brief in Support of THL'c e: Motion to Intesvene t, , <<3 r .3 ~~~.3 Professional and business groups represent+,ng the regulated community have been allowed :o intervene as of right in several cases addressing the validity of state and federal regulations. In New York Public Interest Research Group. Inc. v. Regents of the Universit of the State of New York, 516 8.2d 350 (2d Cir. 1975) (hereinafter "NYPI,RGO), the Second Circuit allowed x pharmaceutical association to intervene in an action brought by consumers to enjoin enforcement of a state agency's regulation. The regulation in question prohibited the advertisement of prescription urug prices. The court found that the pharmaceutical association had a substantial interest in the ,litigation based on (1) the economic impact of the rules on their ..profession, and (2) the possibility that the rules "might well lead to significant changes in the profession and in the way pharmacists conduct their businesses." 516 P.2d at 352. ;,.Moreover, although the NYPIRG court acknowledged that the pharmacists could attack any new regulation if the current rules were invalidated, the court was concerned about the "possible, stare decisis offset of an adverse decision" on the ability of the pharmacists to express their interests. Id. Also see Atlantis Dev. Corp. v. United States, 379 11.2d 818 (5th Cir. 1967)= Steinberg v. Shearson Raydon Stone, Inc., 598 F.Supp. 2730. 280 (D.Del. 1986) ("Even the adverse impact of stare decisis may be enough" to give an applicant the right to intervene)) 7A Co Wright S A. Miller, Federal Practice i proce_ duce, 51908, at 515 Page A of 21 Brief in Support of TML's Motion to intervene 3 F 19'~j' y' f ~ sil couit ' tW14 "he, 14 khft' `th`e.' al600ift'io'n W t!io `ac'tlbn • yighty,~l'a''a►r~ctic'al' s~iittie>' `'lam;`'fhb` iirei~v[ti►t's' 'ii7ity'to ' p.1 ot~{JL ~~eirl t;~f.tes s'~t, • ,l f'.il l.1-.' :7 E' a,.l S ( ,r•. ;;i~ i i 71t I r, ad future agency rulemaking does not neutrali'ti thet poit'ible iswpairimih df' '1'M viE 'i`ntereitt . ' If fa: `debieo thw' oI pportunity to Pkrtidipst`s' An the )iriiiht Ov6doidfii -9 ` Odd4i4ding wherein the oonSrti ma ''~I ibt' thithfishhidit'iijde at iAitoitk~ additional ruieiskir or the ado~tipii of is` ','timitabla' fdbr ''additional [ rir o i 1'. s t r:, rulemak'inV fi 'eveA n'ecatrnA}r r'r- ~i1 '~i¢!~t` 'ft P ►ttfdtloate in any subsequent proceeding will not compensate" fot" 't'his injury it tweur'W,'froia''t ok' %A41dq' 'a vOioe °`i'n t14' instah't pr6"eding, in Natural 'Resibur' d6i 04fense 'CBu dtl V e~ Cdiili, in rs,' tht't&~t"bf Appealy for the' biiitriot of Coluibiil allowed Aaft4bvll df~ a regulated" ` coartnuni`ty ` to intdrvene by right ' in ` L ' care' An which eht►irnttme`fi'tMl°'' "groifpi~ chil`1`thied tihe" adequacy of; diftifli,;IVA regulations, AiI , this 'time ='`,apolicadtti fi14& °theiti bbtfoe ' to 'intit'vene`, the partie'e'; ''h'A'd ''i'I'ready 'eriter'ed Lht'd"" settlement n*O&ti!Atiohs Thia ; tir'obb" of tl t "iett°1'emehtl~ i itdquit d kk "to ettibliidh by 'rtil4mkkin4' ' a' ' 40f e's `'d re'guiat'i'dh*1 !'ftiit 'ag' ` to varidus pblias:AAts uhidor' )fti 40t I'h ' YOOtlydbrioi ;~i 'tl ~Ptiritetatiles ilk iorth, in'th'i"agr'~ee~rit. Cndis 'the AigreedeA't',` rvk Nia''fr'ii"to ie#fain ' ftos i'eiitiatin#g rurhemek1his tilfth ''reipecti tti'' rtic`L1isr polIiitanti withib ` is pirti'odlaf''iridustil gt p. o>zi~y''th+e parti`as to"the wireement, vOr'4'4uth'bris*d, t!5 ~Cbrit~rit [ny"dbci'eiori 'not to regulate. P4ge 9 of 21 Brief in Support of TML's , , r Motion to Intzrvene ' ; i ,Tba< d iet ;any t' A,e ~,A, rthe.: ~~i~~xx«~.t#~4~ Twoli+~q tt~« xpP1Mlki ~tQst4,: Px4ect,tith)F;.;,Pt!{l~stl~, by ,,cth~~~gi~ng: the i1 17 regulations once they were promulgated.,,,, Tho, 1gou0 , fq; fgoWlx;q.on; ,the,,praGtca} 4onnaquemras of dfa~,:p~ ,intervention, 44 ,404 ;rovi" a; ragulpt,iooo t oaapigaklpo may# as a practical ,matter,' w ord much iesi M ectAoq,- th4ka the 4ppo;tUpity,;tiQ phrtia,i~ta l post-settlement proceed'~ngs that t` to. uro sv~S s b r gvt atlAO+! t to tea:, A nes for udicia review. ]psi a rom the time and exp nsekA x. ~gat4ont.aa t.So Fse ,ttl+t l►Y be, ttM:#review might be had only aitef Ina effectiveness,. ~;:,d4x,lgqQ~~;~ period: ±~h~ ;App+~~i.#►titA '~E ~~~h~ect, .CR., i ~ Camplianoe and enforcement. Ydj a (emphasis„, in,arigipal).. The,-;:cogrt; .,3; *cog aised that the aPi►licant' iaterAe s would be AApairod if, tho, EPA conducted. a procoedigg-,.from w04 ph the appli.gaaat Man: explude4,"-tp decide; whether or pot ;tp rRgujpte. TML, submits: that. ita ,aterests : , ar4 snalogpPA; ; Q, thQSe p,,<th• app~,i;cants, 1A: aad~, t~4t ,~l44iai,~4f ,ate~c.,yentiqu, ;x~i~.r h~A1~k the ,44 i4pai3tt~tt ,o# #p►te,eet+l; as;;pefn► Nom: Raeo,l utto a, ::th«.: iaeue bwAthen thl current;,.re vaidY. 94via..te ,,any , : ;need,:r tq; partgip;,t} in enl)ee, nt qu#, ruloma$ing prwCpewdi,~yg•I The p9lgibility,;of T#Wlo, p&,rtipipatiwa,,in 9;4Gv4t,e iuiki.n9;,procladlsgsj¢oes,,tgot ,at,iP. TM of ats,,ghr.,,to 4aterv*ee4 ,lp f ChR, ,pr.angt,,;suit., In Sl,ex,ar«: E ub; ws. RDQhsish Ks, r60 ~',$,µpp.. (N D. i,•i~ 4;1, .,the onxt,. agarie glted.,for the prQpAa ~$on r,,eppli at.'.a Abil tx lit,iga► o ~he n►arits'•'o tgwi~;, ogui*t,~9n4 4aAs, •,pot; viti~ta.,,h4e, ,t,ntazest.: yin Page 14 of 21 Brief in Support of TML•s r, c a Motion to Intervene rz,~ The district court denied the intervention reasoning that the applicants could protect their interests by challenging the final regulations once they were promulgated. The Court of Appeals, focuslgg on the practical consequences of denying intervention, reversed, statings Judicial review of regulations after promulgation may, 'as a practical matter,' fiord much less protection than the opportunity to participate in post-settlement proceedings that seek to ensure sustainable regulations in the first place, with no need for judicial review. Aside from the time and expense of litigation as a recourse, it may be that review might be had only after final effectiveness, during a period when appellants may be subject to compliance and enforcement. Idi at 909 (emphasis in original). The court recognised that the applicant's interests would be impaired if the EPA conducted a proceeding--from which the applicant was excluded--to decide whether or not to regulate. TML submits that its interests are analogous to those of the applicants in NRDC and that a denial of intervention will work the same impairment of interests as seen in NRDC. Resolution of the issue whether the current TWQS are, valid may obviate any need to participate in a subsequent rulemaking proceeding. The possibility of TML's participation in future rulemaking proceedings does not strip TML of its right to intervene in the present suit. In Sierra Club v. Ruckelshaus, 602 JP.Supp. 692 (N.D.Cal. 1984), the court again cited NRDC for the proposition that an applicant's ability to litigate the merits of new regulations does not vitiate his interest in Page 10of21 Brief in Support of TML's Motion to intervene mood !artib'ipiattirig A* the=l Ivory, sthat My!- ate~~ssch bairi~ssd aq'ulraic►hir. Iia `Sierts` alab, the: plaintiff sogghC,to> roopel Ithe ,J%PA.to' proeuigrate'riedi ftelide'fa ssiow',itandarftQ :andev tom, Act. The llssue. was whether 2 had'-vib1&te&,:thof "ACt by not,' isobf hg proposed and ftnalrregulations within V 'statutorily proscribed tiael{fpanivdo The Idaho Mining Atsoolation, moved!-to intety**et,bn ~groundsI tfiat any: -hair eallssion taafidards? wbutrl dirobthy iwfftbt, and impair its members' mining interests. The court undisrstboC tt4t the Aseceiatioh would have`:the: opportunity,,tto iiltigatW the merits of the regalatio w-at! a •,later datte , bat hsverthetwilik held that the, 3ntNrvanain+s Interest might >•bs1 Amp6le4s& if lnterveWCA'Vbf aright',was not -allowed. ' M Citing l =t ? the f court 4buhkod ~ thy notiow i that °the oppoetunity,to ,litigator the ,morlits; ,af 'the: rules at,:a later data would,' adequately protects tho intefvanor!',s `brindle of interests,, calling the later opportunity an "After-~th+e4fact remedy." Id. Thq:!1A fPIRa 1.RDC :an& S ern f ,Club ~ v,s RuckeohAtt tl!ihe of cases trleafrly- indicate :that coutts.~ shoul& take, a fawbrable view toward. talloWing ,fNeMbeft of ;.r.the .aegdlated!,oommu`nityf toAtfterVine ens of !-right An, . actions, jdhallonging " the validity of -r regulati'ons' Ito !wtflW.,they::may:.be isub jsastf.~.,:.fTha< NRDC~r:and :8ierta-Clublic4sdailare p+rtFtoulo ly etaightsningw ~ r in botbiI.91 t?fo[e cas~ss j,c nbaars .+vf the, ;'regulates co nunit:y ; ~wetd alleswed~~Eto r. ihtsr;v+eno~ ins :traits brovgbtx, by ,;.enviracnaoatai groups , Attacking . stria` l'Vallditqn'of discharge; or ; astissson stiahdardt. :ff1Abd tilt •tboth, by Ihd*'* ax es Page 11 of 21 Brief in Support of TML's Motion to Intervene , ,J~ f:5 f E i;~P%F • ntiffs=' unsromaEfOILY segued -tbat, ntogwonvts ~ropl .a 3itLgete .,,Ithe!,v*rits ofllwy; •new r601A-tiotrs at az later dte. cases;. the►~ wart :was ?i2"es/ed with tbe unique; tJ~n erects of the ,:Intervenor of raja rdsngi,,part ieular! rogrulatriogso As a-- iaatter:*of conveniepcsi and- )Utility, UL should: be allowed y to #ntleIrvepe because of the, :special;:. knowledge ,-,its possess" ragardLng:,,:the practical problems ,*f AxpI*%ontLng water; equality; -standardttat, the TML kas ,a uniqus,,and. pobstiantial; intesest:;in the ,instant actipp,,; Tber.dispositiowlof ,1th• case 'without, the, ifitervestiont(of TML mayr; ^a, a praotical; salters[ spair ,TML's ability )ttd:iorot oct its -intexest'. _ .3n: wddLt as}, aitseat TML's -practical: viewpoint ?and economic :exports se,, . Lany ~ resolution of , the : present disputi ~ may undervalue, the importance of settipg -TWpS that, enhance Fwatter quality without ignoring the wolf at* -;,of rate payers ?and taxpayers, . , vc , . snot adeduatelp,arogresent2filx existing Ipartieso AW, applicaat,;,,,satisfies ~ ;ths regniteaes»t~, , that;, w ,an intsxvonor} not; be :::adequattely, nepresented,:by,,,existi-tgg lpasti"a cif it', "shows that r'epresentat¢aa.: of (ItsT Utozest 11"y + be' inadequatei; ,aad 5~the iburdenii5of, (making ; that showing ~,,shodIdd, be :treated as task vi ViternWo" 740;,l1Qd 150-,1,365" 1tdth Cis..1984),;, tqueting Vrbdviohf V. United Mine,,Mork*9*4'404,,UiS. 828, 538,,ril0,,(197.2) ,,~Albo s", Maker. v. Vdde i~.7-43:P:.2d 236# 'Q40 )i6th Cir. 19,80 ,t,the burden oUt establishing inadequate representation Page 12 of 21 4rx a 8rlof in Support of TML'/ 'tc,t3:~t„° rtr Motion to Intervene ,,.r. r + rtr, 1 Jc.a;4 plaintiffs unsuccessfully argued that intervenors could litigate the merits of any new regulations at a later date. In all three cases, the court was impressed with the unique interests of the intervenor as regarding particular regulations. As a matter of convenience and utility, TML should be allowed to intervene because of the special knowledge it possesses regarding the practical problems of implementing water quality standards at the local level. TML has a unique and substantial interest in the instant action. The disposition of the case without the intervention of- TML may, as a practical matter, impair TML's ability to protect its interest. In addition, absent TML's practical viewpoint and economic expertise, any resolution of the present dispute may undervalue the importance of setting TWQS that enhance water quality without ignoring the welfare of rate payers and taxpayers. D. TML is not adequately represented by existing wt, Les. An applicant satisfies the requirement that an intervenor not be adequately represented by existing parties if it "shows that representation of [its) interest 'may be' inadequate= and the burden of making that showing should be treated as minimal." Bush v. Viterna, 740 F.2d 350, 355 (5th Cir.1984), (quoting Trbovich v. United Mine Workers, 404 U.S. 528, 538 n.10 (1972)). Also see, Baker v. wader 743 F.2d 236, 240 (5th Cir. 1984) (the burden of establishing inadequate representation Page 12of 21 Bri f in Sup fort of TML's Mot on to In ervene Sid l.2d At 91203 iIf particular interests, such, as th* creation rl,~ - )4fIF rt?3. iict , .{':y 3'1 ~ w.l :r ~ r!,}1± it n ud modification of a timetable for compliance, "may not a i i coincide," the court is justified in granting separate representation. Nuesse rv. Camp, 385 F.2d 694, 7031(D.C.App+. (quoted in NRDC, 561 F.2d at 9121). TML at this time cannot 1967) ~ i{C 'sJ 1: 7 1 ;r d`r;.~ 'd + It__ ~ r ~s.+ r r. {i3'w;l S;trrtt~~'r?'E3, f4+ predict with precision each issue on which it and EPA are likely w 1 }i. i. f~•~ r3 ,S: t.o differr however, the possibilities 'cor gocA faith 1-, 3r !,;:i er !..fl ,0rr ~i,' A. ,'_t'.. li,.'f 1 ~:17!S ~`'.:(.J disagreements are many. While EPA is concerned with administering the Clean Water Act it programs, TML's interests 1:5? ) :.V F15{i. "_i r. "fi n, ,Y3 -1 are the effect of such program on the municipal governments that are regulated by ZPAS Of particular interest to M, member cities is the possibility of excessively strict compliance requirements under a rigid timetable, the implementation* monitoring, and financing burdens of which would be shouldered by local POTWe. EPA's and TML's interpretations of Congress' )i7 11 t1 ;'.>lil IP: f mandate through the Act thus may be substantially different. J1-i r,. r. r r~ t, ! 'J',!;°'}I'i 1 r '.-i Cf Similarly, TML's interests do not harmonise with those of plaintiffs. Plaintiffs' interpretations of the Act may ignore +~liflClif:i,~-A or de-emphasize the practical problems associated with the :,L: 'i~' t'. il' _'r ill},'-1 is •~'J J. ~.lr : J r f.),~ r"7. 1'l J,.. t,SC~ •~S ~fti I:_I1 implementation of water quality standards. Plaintiffs are bent t 1~ t, {}l r,{i..f •3 r :3r 7 ' ;3 1+; i'!.1. .}I'Z 1. 1`i F,- I'. ''l .N on strengthening the TWQS, but have not expressed any sensitivity •Y,: i, 1 q1(:'. irl vil ,.7 ,r 1. .1 ar t r.;:=.:.+,r~~!`. .~~.7 i~,,Y:.. to the technologies or economic feasibility of such an end. Plaintiffs interpretation of the Act's directive thatp water quality standards protect the public welfare may substantially diffar`'fv-ap!, that of TML. i a Page 14 of 21 Brief in Bupport of TML's 1',, i} na r Motion to Intervene Even ,•,,t interests of TML and EPA or the kt-intifir,emu.' oiuwi rep'esenta.tion 1may still''be `Inasiqua't'`S i. t, . ,j#wte !tk#w- tact that c is of the g` pi parties is a overnsientaY unit. • t 1 f. f ir. , ..fi1t.*$. , _ rt , alto ' ~ _ wed Intervention of r ight by • r-• pharmaceutical a~Jnciation, even though the latter and the named state governmeutal party shared the common objective in upholliintg +"i~;$,• ~1 iJ the validity of the regulation. The Second Circuit was satisfied i t that the association could lend valuable assistance to the aluable assistance to the resolution of the issues inao.fSr as it was likely to more .r. ~r ] •r ,,'.i Fr, S t i i 7 Oil x 7:-! vii vigorous) y k.r w hk At - , i rable economic impact of the rule than would the state authority. Id, tit 3329 8e0 Hines v. Arloia, 537 t • , , 'it, 2,976) (court found inadequate s r r, If as posrlble that defendants a;Vht agree is9uee)l Sagebrush Rebellion, Inca v, th Cir. 1983) (no showing of collusion tiss nad unique perspective sufficient i i~J i.i114 .1 is Cf 1 =:7'.{ ('I!1 i:l(!}~.f~':11~ 5i 1 ~1 r,1•ff~.'1 ~;1 C)i!!ifii oup t'.t~y intervene on side of federal f . f ;ri r -a !i; Although an economic i»tersst'in the outcome of a suit may not be sufficiexit to establish an applicant's right to -1,,.•1 s I .frt..:.!"? ' I. .a.I; a'.} (icy !1W !'.('A ' ~ '•1~ A to intiorest is relevant to the issue of , .Vktgi-4+ecy ur representati '.)n. Ir, U.$. ve Reserve Mining Co., 56 ;i•f s7a t17fi r . . . k'''--.! 1 `t ltfi;)fi*:1 ~"d; q?rlt 9:.J ?'3it 1' 7-" i3:' P.R.D. 408 (0.1•1inn. i912), the court found that applicant" Mt - who sought int urvention as defendants in a . pollutioI ini~.iated by the United States might not be Page 1S of 21 :<r ; •.t r 1 ari f in 8 rt of TIM's n t,r~'~ r Motion to IGe Arvene P, !7CrI">.!!,) `(7 r 1!i Even *r' inter-tats of TML and EPA or the r''ra•inl.itft, aa~; •:iwki rep •esenta.tion MAY still be inadequate, a'iAPPItra !thr:fact that c to of the parties is a governmental unit. 'Aa ,:.aO.Tx,t , .t,e. r~o..rt all.owed intervention of right by a pharmaceutical ailnciation, even, though the latter and the named stato governmeaital -party shared the common objective in upholding the validity of the regulation. The Second Circuit was satisfied that the association could lunrd valuable assistance to the resolution of the Issues insofar as it was likely to more vigorous)y u.re.,1° b~:. ~r~ ~t ,irable economic impact of the rule than would the state authority. Id, f,t 352. Sae Hines v. Arlois, 537 ; 'ir. 1,476) (court found inadequate • , ;,.;,;s,.~.'.;~,,.tc;~,~.y. r;»~~rr ; as poscible that defendants might agree issues)t Sagebrush Rebelliont Inc. v. th Cir.. 1983) (no showing of collusion :tine Had unique perspective sufficient oup to intervene on side of federal Although an economic interest in the outcome of a suit may not be suff ici4x.+t to est,rblish an applicant's r.,ght to . .w ...r •a dAvi;,,• wxr.' %n intorest is relevant to the I.saue of =rr.S%iyu&cj ut representati an. Irv U,S. v. Reserve Mining Co., 56 P.R.D. 408 (Da-lien, i912), the court found that applicant municipa1,itiepc who sought intervention as defendants in a pollutioi it intciated by the United States might not be Papa 15 of 21 Sri f in S p art of TRL's Mot on to 1h ervene r adequa~i*ly seprgsfatod by Aha 40100044t coav%-4at6ered ,CofrectiN.a,~+latiAn;. Pi9bt *~9 an, aQ;Yar ;:i,~u atct an the cities. The cities claimed an interest in the ,g9at~e)4gd Asir rtioal,, pl' t,h~ t~aigio9,; +~tiQa ,b#►sA4 ,4~A. the, )!tteF-' a fertile tax , scavanues. Ths , Crot#;;t, a1,Oo he14 that, ,appXicant ggvirgnmankal qj;Aj/Rs .gould.) 4ntaRvs*o 9A 0* *44 :,c~, kbA 4o,Y.lr 4~~~,~4!~p~~►e, khe ►iatiiatlutY of iataRsta.; :hN!~ ;,tde two. , ,Thy:; , ptQ jee,td tbat,;Ghe;.local, gx Pat might,-.hove, s~► iR~•=t4!ft iq„q 4.Re~i~i5 ~arM Q€ tgpMat ; which ;WAU4, bates : PX to 04 F~tl a t,~M., i t Ole 14PpX1c4atR iA R,, WrVO, , AA1119. C41tD~,t1Y ; .4ye +.e :.the psesupipti q of, a4"ua~oy of. rspresvatat gq .l,a~rgely. ;Qq Qr~~►q~ts;ahgt ,go is po#siolo corraotivl,; ; actipn; .~Y.. sdvm s4 y J,*p!, ~thh; ;;o a, economic health. A , similar conclusion should ,ha reacrt~ed..1QY, tgis court, THL has spoci;#ic a,n4,;.;unique interests th , r,o4pgct to 4utyr}#; rl"4d41 or . ;cQFzo. t~4va ,40"On that, ":tie.. squr' moy,. t4m=q4 • :i4?4C*ah acti,ou .adequately Ft~pf egn:, Chase #p Pt1! party;; to It*" ~Fl d,ggp,,,gotI(,qha;#qt!~ ljt.igation as -,sgloiy> accnc ai,o,.z 11s, bath, ?4 q,~F 'f Pp, .i~gr;„ ►,s}d ~astry~►.t,er; di,;Fh+~x~e~~~.~~,;~mbf~~~~#~s~44~~~ ~-~~°~~:~~'~,~lai4~l~ari~i,Q?~, 4g~►,,s~tRl solplX r , ; ;g 41~~~A f x }ngmr.f . NPA pared t holders havsj lgg& iy pro ,f,~< ab}~,:. qt= f t:egayAings ny, ch", gs in their permit conditions.' rinall , TKt a= p y as a0eaith of I, I :i!'}1 F1{, ors { 9.; l.!' l pi. Page 16 of 21 i 1 t ; r brief in sup ort of TML's , O:, Notion to Intervene "Into t tiofs"'~f►d` `i)r i~t'ti,~i!`°`itt~ 11y1 et+da.'tit Wittyt!r uh01*6..i.>that can~.U 4xOiCt fA''td"'ta`~'i'!'it~tie"hr~F i~lo~mdd ~ityd glair reabintioa :of o"'`'r 1 j +L/1 tn'i'e rtiit ti a€ W btiel kMtl#'A ft't61f4tr~_.'aiv*f#W:1row thaft bf;~,ahy existing 'par`ty. TMi.'`memb4e PdrWi 'hevt the`,initi'al datyCnader -the "Jet "i6 i4l taedt A'ed entbroe the kda,' iW th'e" 'iatvioits ~*f 'is6blic '`d'rib 'ieii#riro""rimehtal''`'~tesltih`: :'t~tinibpa~2itiitti~ '►etit~ al~lb tlahaelderrttHe ''ih't!er` ki -df their tik` "h'iild tetd Odi efi; If ? Ithfi' c6rirsht ,"'ti~Qd ;i~c• found invalid`;' itmL 6141 :alt''i'r~t~~see'"intstdrC in fashioniaq a workable remedy. If the court invalidates '4` s TNQ8 ldI 't Hheeitiitingly phtedicti tbbi its' des#Ned `>iaidiiications, `eaipeeiilly`, with . ''referehei"''t6 ' the dtiree 'Of". eht1106' efid:, -°the 1ht-hedul4' `for a'd( ~t 'n~' `Heil' ituieii "and' fbs17impl'e ntlkfg' thelat''wiil tonflict'Vith those 'of' any other' party to this suit`.' tttilike " the '0011.6iint in' , Buthi eu ra'g' TML' Hai mu&'"'Ito cont'ributet' to 'this1iwitlit bbyond 'tM i`poiAittons alk#t ft- tAkeA', by the' EPk b>• plainti`f ' h '`b>ish;` i't"w rtt= r, that, the i 0# ticit?ft had nothing new t, contribute to the case beyond:,' W'et` Ahe 46veithm4hi d6uld '`fi° q'de " eraJ `o:t the `Ahetf fhatfd;`.~ Tip," has unique akpert` de`'Y'n mattera`''ot pteservi'n'g"'t!'d' gtidlrity 'of the `l tat6is i~ateYs ~h`#'lA!``ma'f`h`tailni'$y fiseel'~tlt~`lvi~i~"ytilt'tlie''`lebxl`'l~'i.:``~`lf rt~+ oth 'or' ii'likel' tti'fdiifgit`tttt° repr`i!`ittitE t61 o'tht'dlai'stti: ftt:'`~NA'tVy 'tTti'3#t~L'''t#>k11'tn yttt~xp32t 1i ; KITE tt D1T O TML has shown that it is entitled to intervene of right in this suit. In the altarnativet TML respectfully requests this Page 17 of 31 ; s tJ F, cr Brief in Support of TML's : '`rr+ lo Motion to Intervene information and expertise in the area of utility regulation that cs^ be expected to facilitate an informed and fair resolution of this suit, in brief, TML's interests diverge from those of any existing party. TML member POTW9 have the initial duty under the Act to implement and enforce the Act in the interests of public and environmental health. Municipalities must also balance the interests of their tax and rate payerso if the current TWQS are found invalid, TML has an intense interest in assisting the court in fashioning a workable remedy. If the court invalidates the TWQS, TML unhesitatingly predicts that its desired modifications, especially with reference to the degree of change and the schedule for adapting new rules and for implementing them, will conflict with those of any other party to this suit. Unlike the applicant in, Bush, supra, TML has much to contribute to this lawsuit beyond the positions already taken by the EPA or plaintiff4. In Bush, it was clear that the applicant had nothing new t, contribute to the case beyond what the government could argue. Here, on the other hand, TML has unique expertise in matters of preserving the quality of the state's waters while maintaining fiscal solvency at the local level. ' if THL is not granted leave to intervene in this action, no other party can, or is likely to diligently represent TML's interests. III. ALTERNATIVULY TML SHOULD BE GRANTED PERMISSIVE INTERVENTION* M. TML has shown that it is entitled to intervene of right in this suit4 in the alternative, TML respectfully requests this page 17 of 21 Brief in Support of THL's Motion to Intervene J c4ialrt t~ogranti-`i~~ potion ~p~rsuantao,~Re~li,z2~l.tbl. afi~ebproar'iles~ tei ! Wtinenc pii'rt 11 . anent, may; be, # rai.ttea{ tb ,interrve&o tx: snt,,:; action (2) when an applicant's claim or defense and the main action .have:;a gaestiosFof r1aw~,:, or fact in common. ; , 1. ,4 i r A motion for permissive intervention may be g.±%nted at the .'1 , i r;! 7, r ilk,,. discretion of the court, New Orleans Public Service v. United Gns Pipe Line, saga, at 4701 and intervention under Rule 24 W(2) should be liberally interpreted. 8taliworth v. Monsanto, 558 F.2d 257, 269 (5th Cir. 1977). TML satisfies the requirement that an applicant must share a common question of law or fact with the wain action. As discussed above, if the court invalidates the Toos, TML will address factual and legal issues relevant to the promulgation of new or revised standards. TML's intervention in this suit will aid the court in reaching a fair and comprehensival decision. TML "will significantly contribute to full development of the underlying factual issues in this suit." Now Orleans Public Service, 7.ne., supra, 732 F.2d at 472 (quoting Sprangler v. Pasadena City Board of Education, 552 F.2d 13261 1329 (9th Cir. 1977)). TM's perspective on the social and environmental repercussions associated with varying degrees of water quality will provide the court with valuable Insight in setting new or revised standards. g 1 ~ I' ` ~r . 'Costle, 79 See Environmental Defense Fund v F.R.D. 237 (D.D.C. 1978) ( court granted permissive intervention , , , ! .R' ~ . i ~ 1 f , : ' ~ • ! t r v n i ° f' 1 E; 1 i , ~ ' L , l i I ~ i , . I. s. Page 18 of 21 Bri f in Support of TML's Motion to Intervene yy-- it .n I1. i S YF to' ""auIIt state's 10"41-rT*und&tiont 4P w ,Dace a o kf 4g4et the Act by soF challenging EPA's approval of,: 1.ptpte(,;,,44], i 7 standards; who" -yoendatim could. offeri,Vpeslsi,. knowledge on an f 1. ,I The outcome of this case likely will have a resolving effect on how TML member cities' continue to operate sewage treatment plants. This includes the possibility that certain cities will be forced to shut down their facilities or curtail expansion. See U.S. y. City of Irving, 492 F.Supp. 393 (N,Vo, Tex. 1979) ( court granted permissive intervention where a group of landowners might be affected by zity's landfill operations). t. , To avert the possibility of an arbitrarily harsh impact, this court should allow permissive intervention so that TML can protect its interests as established under the Act. . , , , ;s ill! Permissive intervention should also be allowed for n „ ..f J t.; purposes of judicial economy, and the advantage of consolidating t;, I r.. << ,;r ,>J +~rlt r:1 r`,i T%tpt~;3 1 1:~~ all interested parties in one single action. This is especially true where the consolidation of parties will not prejudice any . . existing parties or result in undue delay. Stallworth v. Monsanto Co., supra, at 270. The court must balance whatever delay there may be against the advantages of adjudicating all of I , the claims and defenses in one single action. 7A Wright i Miller, Federal Practice i Procedure, $191' at 553 (1972) advantages of allowing TML to intervene (footnote omitted). The +-?I.rf;'~~F. !)T`1'rtr , are great in view of TML's readiness to assist the court with its Page 19 of 21 .i ng11 a Brief in Support of TKL's In r f;; n i 'l f v Motion to Intervene :,t : oI. QJ aq.K +~ra to Mountain States Legal Foundation, in a case brought under the Act by aDF challenging EPA's approval of state salinity standards, where Foundation could offer special knowledge on an issue relevant to the suit). The outcome of this case likely will have a resolving effect on how TML member cities continue to operate sewage treatment plants. This includes the possibility that certain cities will be forced to shut down their facilities or curtail expansion. See U.S.v• City of Irving, 482 F.Supp. 393 (N.D. Tex. 1979) I court granted permissive intervention where a group of landowners might br affected by city's landfill operations). To avert the possibility of an arbitrarily harsh impact, this court should allow permissive intervention so that TML can protect its interests as established under the Act. Permissive intervention should also be allowed for purposes of judicial economy, and the advantage of consolidating all interested parties in one single action. This is especially true where the consolidation of parties will not prejudice any, existing parties or result in undue delay. Stallworth v. Monsanto Co., supra, at 270. The court must balance whatever delay there may be against the advantages of adjudicating all of the claims and defenses in one single action. 7A Wright i Miller, Federal Practice i Procedure, 51913 at 553 (1972) (footnote omitted). The advantages of allowing TML to intervene are great in view of TML's readiness to assist the court with its Page 19 of 21 Brief in Support of TML's Mo".ion to Intervene educated perspective a .th+r<:: p~rs4t ~p ~tbie~as of implaiaenting add inforaing watu =quklitr~-s!bandastsr V'! i K s1a respectfully suwis that :oit'~ as 3f iasr , :.tha r~equireeienl~a. Elor y~ermissive:;interv:tir~u.,,under Awls, 24 VO; COK F . WHEREFORE, for the above reasons, and for reasons st forth in its motion to InterVOAOo:,,thti,? Texas Municipal League respectfully requests that it be allowed to intervene in this proceeding as a neutral party and that 4t be;granted such other relief as to which it may b~1 ,~ustkY •u4tit3,~4d~, Respeat>Er~liy .st~tbi141tted, L14YDt GQa$X411IKo RYAN i FOWLZRO P.C. O 0~ 8ox ;1T~ hust4n, Toxas... 7$767 c s7;11, 472r,4S~,., , aim Ma ews ,Sad ,>i #,~le$1QQ AT%IORNXY PQA 'TEXAS MUNCIPAL LEAGUE 4T2s64200.14/20 } Page 20 of 21 Brief in Support of TML's. Motion to Intervene i° ( rr(. .~E'~.~BByI~Qi1~08'.k IIAaYic~.~'.>' P'a f7'! t', f,'):y I her sby certify t11 t tttuw~I kh ,:coarrrot copy; *I the f6tegoing BMW It iSUPPORT OP TSXAS' MUNICIPALt,hNAdUV$,;,MOTION TO INTERV'EN9 , har boisal'liorvod, 4vm the r partiew, and JndivLdusris' ( Set forth below by certified mail, return receipt rejuestad' •',~an t is day of May, 19860 Stuart N. Henry and Associates .21-01 M61 Grande' Austin, Texas 78705 Jeffrey Gabs, Esq. Mrdy Nall 3315 Daniels a Dal=],~~ 9' ?Texai MIS `Ja*as 14'5. Trip ' Esq• Environmental Defense fund, Inc. 444 Park Avenue South NdW'Ydrk; N0V"York 10016 Bonnie'A,'Mullivgn, Eaq d:E.'V4V&'rte4At1;6f Justice Land,"add *Atttdl ?Resource Division Environmental Defense Section P. 0. Box 23986 L"Want, Asa Station Narhi6oi4n, `D,C. 20026-3986 Miify`UA Mootei 4sq. Assistant United States Attorney 1100 C69AM4064 ` fittest, Room 16G26 Dallas, TeXsg 75242 J lm u"howi I mood CERTIFICATE OF SERVICZ I hereby ceetify that a true and correct copy of the foregoing BRIEF IN SUPPORT OF TEXAS MUNICIPAL LEAGUE'S MOTION TO INTERVENE has been served upon the parties and individuals set forth below by certified mail, return receipt requested, on this jreO day of May, 1986. Stuart N. Henry and Associates 2103 Rio Grande Austin, Texas 78705 Jeffrey "bat Esq. Storey Hall 3315 Daniels Dallas, Texas 75275 James T.B. Tripp, Esq. Environmental Defense Fund, Inc. 444 Park Avenue South New York, New York 10016 Bonnie A. Sullivan, Rsq U.S. Department of Justice Land and Natural Resource Division Environmental Defense Section P. 0. Box 23986 L'EnBant Plaza Station Washington# D.C. 20026-3986 Mary Ann Moore, Esq. Assistant United States Attorney 1100 Commerce Street, Room 16428 Dallas, Texas 75242 J m aws *:aL, M E M. O R A N D U M TOs SUSAN HORTON FROM: JIM MATHEWS RE: SPORTMEN'S CLUBS OF TEXAS, ET AL v. DICK WHITTINGTON, ET AL DATEt JUNE 11, 1986 This memo briefly summaritis the following topicss I. The significance of Water Quality Standards (WQS) 11. The parties to the referenced lawsuit and their contentionst III. The potential intervenors to the lawsuit and their contentionsl IV. TML's motion for leave to intervener and V. Recent developments. 1. The Significance of the Water Quality Standardn (WQS) The Federal Clean Water Act (the Act) establishes the goal of restoring and maintaining the nation's water to fishable and swimmable conditions. The Act requires each state to periodically (every three years) review and revl.ses its Water Quality Standards (WQS). The 1AQS consist of the uses of a body of water (e.g. contact recreation, non-contact. recreation, propagation of fish and wildlife, domestic raw water supply, etc.) and the water quality criteria necessary tc sustain such uses (e.g. levels of dissovled oxygen, ph, fece,l colifurm bacteria, etc.). EPA must review the state's WQS for consistency with the Act. If the WQS meet the goals of the Act, EPA must approve them. If the WQS are deficient, EPA must: identify the deficiencies. If the state does not remedy the deficiencies, EPA must promulgate revised WQS. A state may downgrade the use of a body of water only if its conducts a use attainab:.lity analysis which shows that the controls needed to attain the uses would cause substantial and wide-spread economic and social impacts. Compliance with the WQS is to be acheived through a permit program controlling discharges into the nation's waters. Each stage must identify those water segments within the state where _1_ T- TIE effluent limitations consitent with secondary treatment of wastewater are not stringent enough to implement the WQS. For those water segments, the state must establish a total maximum daily load (TMDL) of pollutants necessary to implement the WQS. In order to obtain a permit under the Act, an applicant must obtain a certificate from the state that the permitted discharge will not cause a TMDL to be exceeded. Texas has never received delegation of the federal permit program (National Pollution Discharge Elimination System (NPDES) permits). Thus, dischargers in Texas must obtain pe.cmits from both the Texas Water Commission and United States Environmental Protection Agency. If the WQS are made more stringent the TMDL. of pollutants allowed to be discharged will decrease and the effluent limitations contained in NPDES permits will likely be amended thus requiring more advanced treatment technology. II. Summary of Parties to the Lawsuit and Their. Contentions. Plaintiffs in this caso are the Sportsmen's Clubs of Texas, the Sierra Club and the Environmental Defense Fund. The Defendants are the Environmental Protection Agency, its Administrator-and the Administrator of EPA Region VI. This lawsuit challenger EPA's approval of the Texas Water Quality Standards (TWQS) promulgated by the Texas Department of Water Resources in December, 1984. Plaintiffs allege thirteen causes of action contending that EPA's approval of the TWOS were procedurally deficient on two (2) grounds and substantively deficient on eleven (11) grounds. Plaintiffs contend that EPA erred in approving the TWOS for the following reasons: 1. EPA's, approval process was improper because it was not conducted as a rulemaking proceeding under the Administrative Procedure Act. 2. EPA's approval process was flawed because its decision was made by the Director of Water Management Division of Region VI rather than the Administrator or the Regional Administrator. 3. EPA violated the Clean Water Act by conditionally approving the TWOS thus giving Texas more than 90 days to revise the standards. Plaintiffs contend that EPA is required to approve the standards within 60 days or notify the Stata of disapproval within 90 days and promulgate its own standards. 4. EPA failed to revise the standards for segment 0606 of the Neches Rivar (north of Lake Palestine) within 90 days after disapproving the State's standard. .2- 5. The TWQS include "general standards" which apply to all undesiggtcited stream segments. Plaintiffs contend that the "goner,al standards" do not achieve the Clean Water Act's goals of fishable/swimmable water. 6. The TWQS exempt "effluent dominated streams," "intermittent streams," and "mixing zones" from the numerical water quality standards. Plaintiffs contend this constitutes designation of the segment for the use of waste transport in violation of EPA's rules. 7. The TWQS fail to provide a mechanism for identifying streams where toxic pollutants are a problem and fail to establish standards t,a protect from pollution by toxic pollutants. 8. The TWOS contain no criteria for oil, salinity, or dissolved solids, and the criteria for temperature and dissolved oxygen limitations are not based on sound scientific rationale. 9. The TWQS fail to include a mechanism for implementing an antidegradation policy to maintain the quality of water that is higher than that established by the TWQS criteria. 10. The TWQS fail to provide for upgrading on the following stream segments for which use attainability assessments indicate upgrading should occur: a. Segment 2201--Lower Arroya Colorado b. Segment 1431--Middle Pecan Bayou co Segment 1911--Upper San Antonio River d. Upper Segment of 0805--Trinity River upstream of Village Creek Additionally, Plaintiffs contend that tertiary treatment of sewage should be accomplished on Segments 0805 and 0819 of the Trinity River. (Generally, the East Fork of the Trinity River and the West Fork south of Dallas and Ft. Worth). 11. The TWQS provide for the downgrading of the designated uses of water segments even though such downgrading was not justified under EPA's rules. Plaintiffs complain specifically of downgrading on the Trinity River in the Dallas/Ft. Worth Area, Big Cypress Creek, James Bayou, Taylor Bayou and Days Creek. 12. The TWQS fail to establish total maximum daily loads of pollutants for the 69 designated water bodies that are not meeting the TWOS or cannot meet such standards -3- w, r. without special limitations. 13. The State of Texas is issuing water quality certifica- tions which are prerequisites for obtaining a permit under the Clean Water Act without providing for public notice of such certifications involving the disposal of dredge and fill materials. III. The Potential Intervenors to the Lawsuit and Their Contentent ons. By order of the Court all persons desiring to intervene in Sportsmen's Clubs of Texas,._et al v. Dick Whittin tq on, at al were re u re to file motions to ntervene y May 30, l 8_6. All responses to such motions are due on June 15, 1986. Persons or entities who have sought intervention and their positions are summarized below: 14 The Association of, Metropolitan sewerage Agencies 7~ A AWSAiss as an-pro t association o9 sewerage agencies including seven Texas agencies. The Texas agencies are: the Trinity River Authority, Dallas Water Utilities, E1 Paso Water Utilities, Ft. Worth Water Department= Gulf Coast Waste Disposal Authority, Houston Department of Public Works and Engineering, and the City of San Antonio Waste Management Department. ANSA contends that its members who operate publicly owned treatment works (POTWs) will be affected by revisions in the TWOS because they are responsible for implementing treatment technologies to meet NPDES permit effluent limitations which are established, in part, on the basis of WOS. AMSA also contends that the outcome of this suit could affect EPA's position of the WQS of other states. AMSA stated that it sought intervention neither as a defendant nor a plaintiff, but indicated it supports EPA's approval of the TWOS. 2. The Texas Chemical Council (TCC). The TCC is a trade assoc baton` consisting o 2 c emical companies located in Texas. Virtually all TCC members hold NPDES permits. TCC contends that its members will be directly affected by this lawsuit because any changes in the TWOS will directly affect existing NPDES permits and applications for new permits or renewals of existing permits. The TCC requested to intervene as a defendant in the action. 3. West Texas Utilities_ Com an Central Power and Light Com any, Southwestern Electric Power Com an~ mad Houston L g t ng & Power Com an (the 'Ut t es"). The Utilities each provid e electricity to residential, industrial, manufacturing and agricultural customers. Each of the Utilities holds NPDES permits issued by EPA. r~r J,t: '7 "1 77* The utilities contend that the WQS which are applicable to a specific body of water dictate the effluent limitations-the EPA will require in an NPDES permit for any discharger into that body of water. The Utilities contend, therefore, that the relief sought in the pending lawsuit would have a significant impact on existing and future NPDES permits held by the Utilities. The Utilities contend that the relief requested in the lawsuit may result in existing NPDES permits being revoked, reissued, or modified. The Utilities contend that EPA will not adequately represent their interests in the litigation. The Utilities contend that EPA's antidegradation policy is not supported by statutory authority and that EPA will not share this view in the litigation. The Utilities sought leave to intervene as a defendant. 4. Texas Utilities Generating Company (TUGCO). TUGCO is a division o -Texas utilities Electric Company and operates electric generating plants providing service to residential, industrial, manufacturing, and agricultural customers in 87 counties in east, north central and west Texas. TUGCO currently holds 23 NPDES permits and has 13 applications in process at EPA. TUGCO contends that the relief requested in this lawsuit could result in the promulgation of more stringent WQS and could require EPA to take additional action to revoke or modify existing NPDES permits. TUGCO claims that it could have additional capital and operating costs or be forced to close existing plants if its NPDES permits are revised. TUGCO contends that the existing TWOS are not deficient. TUGCO requested that it be allowed to intervene as a defendant. 5. Texas Water Conservation Association (TWCA). TWCA is a statewide orc',aniza~ on compose of -individuals, corporations, cities, water districts, and public and private agencies and groups. TWCA contends that its members hold NPDES permits. TWCA contends that effluent limitations within NPDES permits are based directly on the TWOS. Any modification of the current -r4QS will directly and substantially affect the NPDES permits held by TWCA members. Since the relief sought in this lawsuit may cause fundamental changes in the TWQS, NPDES permits of TWCA members could be affected greatly. TWCA contends that it shares common interests with both Plaintiffs and the EPA. The TWCA does not seek to intervene as either a plaintiff or a defendant. However, TWCA does contend that the EPA's approval of the TWOS.was proper. 6. State of Texas (Texas). Texas filed a motion for leave -5- :g to intervene and a motion for enlargement of time in which to file its answer. Texas' motion for leave to intervene was the only request for intervention which was unopposed by Plaintiffs. Texas contends that Plaintiffs' suit challenges the adequacy of Texas' water quality program and that disposition of the suit will affect the ability of Texas' administrative agencies to protect and monitor water quality and associated resources in the state. In its motion for enlargement of time to file its answer, Texas notes that the Attorney General's office has been requested to represent three different state agencies: the Texas Water Commission; the Texas Department of Agriculture; and the Texas Parks and wildlife Department. Texas contends that the agencies have similar concerns about the quality of the state's waters but may differ in the preferred method of resolution of the issues in the lawsuit. Texas seeks time to consult with those agencies to determimi whether it can speak with one voice. Texas notes that a failure to resolve differences between its administrative agencies may result in differing representation for the agencies of the state. Since Texas sought additional time for filing its answer, it did not specify whether it wished to be named as a defendant/intervenor. 7. Lower Colorado River Authority (LCRA). We have not yet recelvec a copy o€ LCRA s mat on-r6r leave to intervene and brief in support thereof. 2 was unable to reach LCRA's attorney to discuss this matter at this time. 8. City of Forth Worth (Ft. worth). Ft. Worth contends at it operates puBlTcTy_treatment works ( PoTW ) and is required to obtain an NPDES permit. Ft. Worth argues that the Clean Water Act requires that NPDES permits contain effluent limitations more stringent than secondary treatment if necesaary to meet WQS. Thus, the TQWS serve as one basis for setting effluent limitations in NPDES permits. Changes in the TWQS as a result of this lawsuit could result in additional capital and higher operating costs for Ft. Worth's POTW. Ft. Worth also contends that is responsible for ensuring that industrial users of its POTW comply with industrial pretreatment standards set by EPA. Although Ft. Worth supports EPA's approval of the TWOS, it seeks intervention neither as a plaintiff nor a defendant. 9. City 'of Dallas (Dallas). Dallas contends that it treatment works (POTW) which operates a publlcTy"'ownea is required to obtain a NPDES permit. Dallas argues that the TWQS serve as one basis for setting the effluent limitations in NPDES permits. Thus, Dallas i argues, a change in the TWQS as sought by Plaintiffs could substantially and directly affect Dallas by requiring changes in its treatment technology. Dallas contends that it supports EPA's approval of the TWQB, but seeks intervention neither as a plaintiff nor a defendant. lb: City of Hart lingen_(Harlingen). At this time we have not received a copy of Harlin en's motion for leave to intervene and brief in support thereof, 11. Texas municipal League (TML). Our motion is discussed n greater eta below. IV, TML's Motion for Leave to Intervene. The motion for leave to intervene and brief in support thereof filed on behalf of TML generally asserts the arguments in support of intervention advanced by all other intervenors. Specifically, we contend that member cities of TML own and operate publicly owned treatment works which are governed by NPDES permits. We argue that the Federal Clean Water Act requires that the NPOES permits contain effluent limitations ;,ecessary to ensure compliance with the TWOS. Since Plaintiffs' suit seeks to invalidate the TWQB and require the promulgation of more stringent standards, we contend that member cities will be directly affected by the relief requested and should be allowed to participate in the litigation. Through our motion and brief, we attempted to distinguish the position of TML from other potential intervenors by calling the Court's attention to the diversity of the member cities of TML, We also noted that TML member cities are vitally interested in water quality issues from the standpoint of both consumers and dischargers. lie noted that TML member cities rely upon surface water for drinking water supplies and recreational use, and that member cities engage in discharges as a result of wastewater treatment and disposal activity. We requested that the Court allow TML to intervene as a neutral party and noted that TML assumed a compromise position aimed st striking a balance between water quality and local government solvency. V. Recent Develo mp ents. On may 28, 1986, Dick Whittington (EPA's Regional Administrator) sent a letter to Paul Hopkins (Chairman, Texas Water Commission (TWC)) responding to Hopkins' prior letter of February 26, 1986. Whittington's letter chastised the TWC for not moving more expeditiously to resolve deficiencies in the TWQS. Whittington's letter established a June 20, 1986 deadline for the TWC to complete the following activitiese .7- I 1. Identify the methods for implementing an antidegradation statement. i 2. identify the methods to regulate point source discharges of toxic pollutants on water quality limited segments. 3. Develop definitions of "effluent dominated" and "intermittent streams" and describe the procedures for im¢lementinS these exceptions to the standards. 4. Provide public notice of the satisfactory dissolved oxyVen standard for water quality segment 0606 (the Neohos River north of Lake Palestine). one of Sierra Club's attorneys was quoted as saying Whittington's letter "appears to be a reaction to the Commission's decision to intervene in the lawsuit. In light of the coasiderable time between Hopkins' and Whittington's letter (copies attached!, and the short time Whittington gave the state to complete its actions, this conclusion may be accurate. This action may signal a more aggressive posture by EPA in forcing the state to revise the WQS in a manner consistent with the Plaintiffs' lawsuit. This action further underscores the need to participate in the suit as an intervenor since it indicates that EPA may not vigorously defend ita past actions. C~l 220 e Jim Math s JM:dsg 4T2:64200.34/38 u t rru EXCERPT FROM PUBLIC UTILITDS BOW MINUTES JUNE 10, 1986 1. CONSIDER ORDINANCE APPROVING PARTICIPATION IN SPORTSMEN'S V. . Nelson explained that the Utilities staff recommends to the Public Utilities Board approval of Denton Municipal Utilities participation in the proposed "litigation fund" in an amount not to exceed $10,000. According to Nelson, Denton's participation in this litigation through the Texas Municipal League would ensure a representative at the bargaining table who would seek an advantageous settlement foe cities. If cities, and their associated utilities are not represented at such dis- cussions, it is passible that a settlement could be reached that would be advantageous to all parties and intervenors, but would be detrimental to cities. Thompson asked what we are currently doing in this area. Martin explained that pollution abateowat is currently done on a complaint basis. In the near future surface area runoff will be monitored, especially in Hickory Creek and Pecan Creek. Thompson motion to approve recommendation to the City Council Denton participation in the proposed TML litigation fund in an amount not to exceed $10,000. Frady second. All ayes, one nay (Coomes), motion carried. u` CITY of 08MOM,r TMS MUNICIPAL 8UILD'NO / 216 E. MoK1NNEY ST. l DENTON, TEXAS 7192101 MEMORANDUM DATE: June 20, 1986 TO: Rick Svehla, Assistant City Manager PROM: Roger Wilkinson, Right-of-Way Agent SUBJECT: Unde~wood Road Dedication Attached are three (3) agenda request forms with ordinances and executed dedications for Underwood road. The dedications are for that portion of the road from Jim Christal road south to the property owned by the city. 't'hese dedications ire required before the state will rebuild the two fisting bri,lges. Roger f;. Wilkinson Right-of-Way Agent is 00400E 817/680-M D/fW METRO 4310400 77 II N0. AN ORDINA14CE ACCEPTING THE DEDICATION BY DEED VROM G. C. LEDYARD, • JR., TRUSTEE, OF THAT PORTION OF CERTAIN HEAT, PROPERTY SITUATED IN THE J. SCOTT SURVEY, ABSTRACT NO. 1222, DEUTON COUNTY, TEXAS, AS DESCRIBED IN SAID DEDICATION DEED, TO THE CITY OF DENTON, TEXAS, FOR THE USE OF SAID PROPERTY AS A PUBLIC STREET; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, The City of Denton, Texas, hereby accepts the conveyance and dedication by deed from C. C. Ledyard, Jr. Trustee, of that certain portion of real property situated in the J. Scott Survey, Abstract No. 1222, Denton County, Texas, for the use of said property as a public street and utilities, said property being more particularly described in a Dedication Deed attached hereto and incorporated herein for all purposes. SECTION II. The Planning and Zoning Commission of the City of Denton is hereby authorized and directed to let the real property herein dedicated be designated as a public street on the Official Map of the City of Denton, Texas. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ` day of , 1986. AICHARD 0. , AVOR CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON,pTEXAS APPROVED AS TO LEGAL FORM: !'BRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON) TEXAS BY: J THE STATE Of TEXAS ~ ' COUNTY ON DENTON 4 STREET DEDICATION That Q* C. Ledyard, Jr., Trustee, hereinafter known as Grantor, for and in consideration of the mutual advantage to accrue to the grantor and the City of Denton do by these presents dedicate to the use of the public and the City of • Denton Texas, for the purpose of streets. and utilities the following described property, to-witt situatthat ed in certain City lot, and tract County of parcel Denton, land Statelying Tama. b`,and being part of the J, Scott Survey, Abst. Nc,. 1222, and also being part of a tract of land as conveyed from Ed Walski, Fra deadtrecordedLinryVolum0 1773,TPage'717 of. theLDeedrdRecords of Denton County, Texaa, and more particularly described as follower COHHENCING at the northwest corner of maid survey, said point lying in the intersection of Jim Christal road with Maach Branch road; THENCE south aloe said survey west line and in Hasch branch Road, a distance of 396.0 feet to the point of beginning; THENCE north 890 58' 45" east along the north boundary line of said tract, a distance of 30.0 feet to a point for a corner; lineCofssaid tract, 4 distance of 1p48i 34 feet to aepoint uforra corner; THENCE south 30 16' 33" east, a distance of 350.0 feet to a point for a corner in the northerly south boundary Lin.; of said tract; THENCE south 890 47' 43" west, along said line a distance of 50.0 feet to the southwest corner of said tract, lying in Masch branch road; THENCE north along the west boundary line of said tract and in said road a distance of 1830.67 feat to the place of beginning and containing 1.34 acres of land more or less. The recitation of consideration herein is for the purpose of providing consideration as required by law to cause this dedication to be effective and binding on all parties hereto. This dedication does not in any way enhance the value of any other property now owned by said grantors. The dedication of land being made heroby is subject to a sortggage as evidenced by that certain Deed of Trust dated November 25, 1983 and recorded in Volume 1773, Page 722 of the Real Property Records of Denton County, Texas, TO HAVE AND TO HOLD the hereinbefore described property to the public and the City of Denton, Texas for streets and utilities forever. WITNESa our hands this the day of 1986. PAGE OdE a 1 THE STATE OF TEXAS COUNTY OF On this &A day of « _ , 1986, before me persona y appeAr4 tie un arm shed Notary Public, known to me ea Ledyara, Jr, Trustee, personally evidence) to be thep peesontwho or cut 64sis of instrumenctoon behalf of the trust and aoknowledSed to as that executed it, the trust** Lly . O'er li'l f plAmra~On @%0',n!3 ~2;Jr~,`r ~i, i_IF$ Accepted this the day of 1986. CITY OF DE:NTON, TEXAS BY: ATTEST: CITY OF DKNMo'TffYAS ----START APPROVED AS TO LEGAL FC&mi DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DLNTON, TUAS BY: ` 1rr%A i PAGE TWO I 13461. NO. AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROM ED WOLSKI AND • LARRY W. FRANK, TRUSTEES, OF THAT PORTION OF CERTAIN REAL PRO- PERTY SITUATED IN ";HE J. SCOTT SORVEY ABSTRACT NO, 1222, DENTON COUNTY, TEXAS, AS DESCRIBED IN SAID OLDICATION DEEDS TO THE CITY OF DENTON, TEXAS. FOR THE USE OF SAID PROPERTY AS A PUBLIC STREET; AND DECLA((ING AN EFFECTIVE DATE, THE COUNCIL nF THE CITY OF DENTON HFrtEBY ORDAINS: SECTION I. The City of Denton., Texas, hereby accepts the conveyence ana dedication by deed from Ed Wolski and Le-cry W. Frank, Trustees, of that certain portion of real property situated in the J. Scott Survey, Abstract No. 1222, Denton County, Texas, for the us* of said property as a public street and utilities, said property being more particularly described in a Dedication Dead attached hereto and incorporated herein for all purposes. SECTION It. The Planning and Zoning Commisalon of the City of Denton is hereby authorized and directed to let the real property herein dedicated be designated as a public street on the Official Map of the City of Denton, Texas. SECTION III. That this ordinance shall become effective iauaediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986, ROWD 0. CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETIRT CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS j BY: _1 V\ rt~n/.~ a t THE STATE OF TEXAS § COUNTY OF DENTON § STS--ST DEDICATION That Ed Wolski and Larry W. Frank Trustees hereinafter • known as Grantors, for and in consiveration 01 the mutual advantage to accrue to the Grantors and the City of Denton do by these presents dedicate to the use of the public and the City of Denton Texas, for the purpose of streets and utilities the following described property, to-wits ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. Scott Survey, Abet. No. 1222, and also being ppart of a tract of land as cn""4 d from Charles Scott R "sell, at al to Ed Wolski, Trustee , Larry W. Frank, Trustee by deed recorded in Volume 1497, Page 18 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of said tract and survey, said point lyL6 in the intersection of Jim Christal road with Masch Branch road; THENCE north 890 58' 45" east along said lines, a distance of 30.0 feet to a point for a corner; THENCE south 30.0 feet east of and parallel to the west boundary line of said tract, a distance of 395.00 feet to a point for a corner; THENCE south 890 58' 45" west, a distance of 30.0 feet to the southwest corner of said tract, lying in Masch branch road; THENCE north along the west boundary line of said tract and in said road a distance of 396.0 foot to the place of beginning and containing 0.27 acres of land more or less. The recitation of consideration herein is for the purpose of providing consideration as required by low to cause this dedication to be effective and binding on all parties hereto. This dedicatiou does not in any way enhance the value of any other property now owned by said Grantors. The dedication of land being made hereby is subject to a mortgage as evidenced by that certain Dead of Trust dated September 24, 1984 and recorded in Volume 1497, Sage 33 of the Real Property Records of Denton County, Taxes. TO HAVE AND TO BOLD the hereinbefore described property to the public and the City of Denton, Texas for streets and utilities forever. ~i WITNESS our hands this the « day of 1986. ED MLSKI, TRUSTEE PAGE ONE ti THE STATE OF TEXAS COUNTY OF DENTON § On this 777-7-e day of 1986, before me 'd ~/lc i i un arm geed Notary Public, parsons y peered Ed ski, uste*► personally known to me (or proved to as on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the trust and acknowledged to ae that the trustee executed it. NOTARY rVOLIC0 STATE OF TEW THE STATE OF TEXAS COUNTY OF DENTON § On this day of , 1986, before me , e un era gned Notary Public, personally appears arry . Fr nk, Trustee, personally known to me (or proved to at on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the trust and acknowledged to me that the trustee executed it. Q .W Accepted this the day of , 1986. CITY OF DENTON, TEXAS BY: RIB' T VAT AYaA' ATTESTt C ii CITY SECKETM CITY OF DWON,►TLW APPROVED AS TO LEGAL FORM: DEBRA ADANI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY s PACK TWO ail ' I11QL NO. AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROl1 CONNELL DEVE- LOPMENT CO. OF THAT PORTION OF CERTAIN REAL PROPERTY SITUATED IN THE MEYERS SURVEY, ABSTRACT NO. 1699 G. H. BARB SURVEY, ABSTRACT COUNTY S TEXXDAS,T{AS DESCRIBED IN SSAIDihD CSATTIION DEED. 1TO THE Damm CITY OF DEN~ON, TEXAS, FOR THE USE OF SAID PROPERTY AS A PUBLIC STREET AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City of Denton, Texas, hereby accepts the conveyance and dedication by deed, from Connell Development Co., of that portion of certain real property situated in the No ere Surveyy, Abstract No. 1699, G. H. Bard Survey, Abstrect No. 208 and the 4t0. Wilburn Survey, Abstract No. 1419, Denton County, Texas, for the use of said property as a public street and utilities, said property being more particularly described in a Dedication Dead attached hereto and incorporated herein for all purposes. SECTION II. The City of Denton hereby accepts the conveyance and ded!.ution of the real property described in Section I he.•eof for the purposes of a public street and utilities. SECTION III. The Mayor of the City of Denton is hereby authorized to sign `the instrument of street dedication executed by Connell Development L'o., acceptingg such dedication and the conditions therein on behalf of the City of Denton, Texas. SECTION IV. The Planning and Zoning Commission of the City of Denton is hereby authorised and directed to let the real property herein dedicated be designated as a public street on the Official Map of the City of Denton, Texas. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the , day of1985. CITY OF DENTONO TEXAS ATTEST: SECRETARY CITY OF DENTONj TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS By.. 7F • 111OL THE STATE OF TEXAS COUNTY OF DENTON STREET DEDICATION ~ S That Connell Development Co. a Nevada Corporation, hereinafter known as Grantor, for and in consideration of '-he mutini advantage to eccrue tr, the Grantor and the City of Denton do by these presents dedicate to the use of the public and the City of Denton, Texas for the purpose of streets and utilities the following described property, to-wit: ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the Mayors survey, Abet. No. 16990 G. H. Borb survey, Abst. No. 208 and the Wm. Wilburn survey, Abst. No. 1419, and also being part of a tract of land as conveyed from hest Energy, Inc. to Connell Development Co. by deed dated June 1985 and recorded in Volume 1656, Page 629 of the Dead Records of Denton County, Toxas, and more particularly described as follows; BEGINNING at the northeast corner of said tract said point lying on the east boundary line of said Barb survey in the intersection of Jim Christal Road and Masch Branch Road; THENCE. south 00 28' 12" east along the east boundary lino of said tract and in Masch Branch Road a distance of 1248.81 feet to a point for a corner, same being the northeast corner of the third tract as convoyed to the City of Denton in cause no. 8904 County Court at Law of Denton County; THENCE south 890 31' 49" west, along the south boundary line of said tract, same being the north boundary line of said city tract, a distance of 30.0 fast to a point for a corner; THENCE north 00 28' 12" weat, 30 feet west of and parallel to the east boundary line said tract, a distance of 1253.23 feet to a point for a corner in the north bundary lino of said tract, said point lying in Jim Christal (toad; THENCE south 820 east, along said line and in said road, a distance of 30.33 feet to the place of beginning and containing 0.86 acres of land more or leas. The recitation of consideration herein is for the purpose of providing consideration as required by low to cause this dedication to be effective and binding on all parties hereto. This dedication does not in any way enhanco the value of any other property now owned by said Grantors. TO HAVE AND TO H,'~ID the herainbefore described property to the public /And the C1ry of Denton, Texas for streets and utilities forever. WITNESS our hands this the ~ day of r, 1985. CONNELL DLVELOPMENT CO. BY: . PAGE ONE iii r.:. .,i THE STATE OF COUNTY OF This instrument was acknowledged before me on the day of Qx 1985 by C. W. Foose of Connell Development Co, An -4 ATE OF My Commission expires; ILI Z9 Accepted this the day of , 1985. CITY OF DENTON, TEXAS BY., ATTESTS CHARLOTTE ALLENt CITY SECRETARY CITY OF DENTON, TEXAS APPKOVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, 1EXAS BY; PAGE TWO DATE: July 1, 1986 L- CITY COUNCIL RUORT FORMAT C. TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUIUXT., RECOMMENDATION, Recommend that the Council approve the f0 lowing policy, 111,04 Military Serviro Leave SUMMARYi One (1) policy is being presented for Council consideration of adoption. BACKGROUNDS This is a new policy. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED, All City Employees FISCAL IMPACT, The fiscal impact on the general fund cannot be determined, Reapectfully submitted, l oyd V. Harrell / City Manager Prepared by: au et R. Owens-Holmes Program Administrator Approved: Betty McKean Assistant City Manager C rY of DENTON DWTON, ;AXAO 70001 M E M O R A N D U M DATEo June 11, 1986 TOt Betty McKean, Assistant City Manager FROMi Paulette R, Owens-Holmes, Program Administrator SUBJECTi COUNCIL AGENDA ITEMt POLICIES AND PROCEDURES The Military Service Leave Policy 111,04 will be presented to the City Council for adoption July 1, 1986, The Military Service Leave Policy is a new policy that provides authorized leaves of absence for all regular full-time employees who participate in the United States Armed Forces', State Military Forces', or. National Guards' tours of military duty. In addition, it outlines the administrative procedures for annual short-term military leave which does not exceed fifteen (15) consecutive calendar days per yoar, and extended military leave which extends beyond fifteen (15) consecutive calendar days per year, The following is a summary of the policy. The annual short-term military leave section of this policy requires that all participating employees submit written request for leave to their immediate supervisor within seventy-two (72) hours after the employee requesta, volunteers, or receives orders for military duty, whichever comes first. All civil service employees must submit written request for military duty except for week-end drills to the civil service commission for approval, Approval of the military leave will guarantee the employee's normal gross salary for the pay period in which the absence occurs, up to fifteen (15) days. If military leave extends beyond fifteen (15) days, the employee must submit a separate request for vacation or personal, leave of absen--e without pay, The policy also provides the accrual of employee benefits during the the approved military leave. The employee cannot, however, accrue benefits during an approved personal leave without pay, All employees participating in weekend military drills must specify the dates when weekend drills occur and what type of leave the employee desires to utilize, The employee may utilize, at his option, part of the fifteen (15) day entitlement to paid military leave for weekend drills in lieu of taking vacation or time off without pay. I Council, page 2 The extended military service leave section of this poli,cy stipulates that obligations of the City to authorize an extended military leave of absence, to hold a position open for a military service partiepant, to accrue benefits, and to pay salary for time absent from a postion, will be handled on an inuividual-case basis. This is primarily due to the complexity of federal and state laws affecting the variuua armed forces. Paulet Owens-Holmes Program Administrator . CITY OF DENTON FAG11OF 1 FOLICT/ADMIUt6TDATms PR00NDVIVADMIXISTRATIT* DtD*CTITS REFERENCE SECTION: NUMBER: PRRSONNRL/ WPLOT9; RCLATIONS 111.01 EFFECTIVE GATE: SUBJECT: APPROVID LUV2 a6F6ACES; T17 LE: KILITARY SiRVICR LZAVI POLICY STATIMSNT: It is the poliny of the City of Denton to provide authorized leaves of absence for all regular full-tiM eoployees who participate to the United States Ar"d Forces f~ State Kilitary ForcesI or National Guard's tours of military duty. 116'34 06/06/86 1480E R E S O L U T I O N WHEREAS, the management and staff of the City of Denton has pre3euted a proposed policy regarding employee rules and • regulations for the Council's consideration; and WHEREAS, the City Council desires to adnpt such policy as an official policy regarding employment with the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT, i SECTION 1. I The following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of I Denton, Texas, Military Leave (Reference No, 111,04) SECTION II. The foregoing policy is attached hereto and made a part hereof and sha11 be filed in the official records of the City of Denton with the City Secretary, i SECTION 111. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, is hereby i rescinded to the extent it conflicts with the foregoing policy and with any administrative procedures and directives issued under the authority of the City Council implementing the policy hereby adopted, SECTION IV. This Resolution shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of July, 1986. RAY STEPHENSo MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE MIN CITY SECRETARY CITY OF DENTON,jTEXAS f APPROVED AS TO LEGAL FORMi DEBRA A, DRAYOVITCH, CITY ATTORNEY CITY OF DBNTON, TEXAS BY = i CITY OF DENTON PAGE 1.00. 2 FOL10TIA11911119TIATIVX FROORDUAVADVINISTRATIVI DiRR4TfVR • RIfERENCE y SICTION NUIaeIR, PERSONUgLIRMPLOY&I RELATIONS 111.04 IFOECTiVI DATE MAO APPR D LRAVI REPLACE$ TITLE' MILITARY SARVIQ9 V 6 ~ POLICY STATEMENTi it is the policy of the C15y of Denton to provide authorized leaves or absence for all regular full-tine employees who participate in the United States Armed Voroes', State Military forces' or National Guard's tours of military duty. 1. ADMINISTRATIVE PROCEDURES FOR ANNUAL SNORT TERM MILITARY SERVICE LEAVE: Annual short term tours of duty are defined as military service not exceeding 15 cou6ecutive calendar days per year. A. All participating employees must submit written request for the specified duration of the leave to their immediate supervisor within 72 hours after the employes requests/volunteers for annual military duty or upon receipt of orders, whichever occurs first. All civil service employees must submit written requests for military duty, with the exception of weekend drills, to the civil service commission for approval. B. Approval of the military leave will guarantee the employee's normal prose salary for the pay period in which the absence occurs, up to 15 days. If military leave extends beyond 15 days, the employee must submit a separate request for vacation or personal leave of absence wLthout pay. C. An employee will oontirue to accrue benefits during the approved military leave. The employes, however, will not accrue benefits during approved personal leave without pay. D. Requests for the additional leave will be ho,dled on an individual ease baste, subject to the authortsstion prenedures for the type of additional leave requested and the degree of notice provided. 2. All employees partia!.pating in weekend military drills must specify the dates when weekend drills occur and what type of leave the employee desires to utilize. P. Employee may utilize, at his option, part of hie 15-day en6itlement to paid military leave for weekend drills to ltau of t.e!cing vsastlon or time off without pay. 0. The conditions of the preoading paragraphs will be applied as requtred by applicable state and federal laws.' r. TOLitlT/At1lilNt/T/ATIY! flOCiDGi//AD1fIIlt/fiATtYi tit!lOTtYi (Oattaae4} AENnWC! Tree: MILITARY SlRVIC/ L11AV9 r+uMSE# 111.01 ' It, ADMINICTRATIVE PROCCDUR98 FOR KXTENOED KTUTARY SERVICE LlAUt Extended military service tours of duty are deftned as any military tours which will require an employee to be absent from work longer than the amount of time designated in administrative procedures for, Annual Short Term Military Service Leave, I. Obligations of the City to authorise a Military Leave of Absence, to hold a position open for a military service participant, to aoorue benafits, and to pay salary for time absent Cron a position will be handled on an indtvtdual-case basis. It is the intent of the City to comply with all conditions and requirements of federal and state laws now existing and as may be amended. 1165a 05!29/86 OffY Of DLNTON, MUM MUNICIPAL BUILDING / 216 E. McKINNEY ST. l DENTON, TEXAS 78201 DATE: June 27, 1986 T0: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Director of Finance SUBJECT: RECOMMENDATION FOR TAX COLLECTION SERVICES BY CONTRACT ATTORNEY We received proposals for contract services from the following tax collection firms: l.. Heard, Goggan, Blair, Williams and Harrison 2. Terry W. Lewis 3. McCreary, Vesolka, Beck and Allen 4. Theodore C. Huke Each of the above gave an oral presentation of their services to the Director of Finance and the Asaistant Director. After reviewing items in their proposals and in conversation with the individual firm's representatives, I would like to recommend that we contract with the firm of Heard, Goggan, Blair, Williams and Harrison of San Antonio who we feel in conjunction with the local firm of Whitten, Loveless, Kelsey, Gregory, Holt and Phillips will be able to provide the maximum service to the City of Denton based on their performance record. Please find attached the submitted proposals for each firm. 46ohn F.•McGranee Attachments (4) :cyb I 8171506 200 D/FW METRO 431-2620 s wRM. , R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL ON THE CITY OF DENTON, TEXAS; That the Mayor be, and he is hereby authorized, to execute on behalf of the City of Denton a contract for the collection of delinquent taxes between the City of Denton and Heard, Goggaan, Blair, Williams $ Harrison, PASSED AND APPROVED this the 1st day of July, 1986, RAY S CITY OF DENTON, TEXAS ATTEST'; CITY UP DENTON, TEXAS APPROVED AS TO LEGAL PORMi DEBRA ADA.NI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BYE 1~/. I 'S~~ . 7 i 4 f 1 6 i A PROPOSAL TO COLLECT MINQQSNT AD VALORIX TAM FOR TRR CITY OF DXNTON Submitted by s HEARD, GOGGAN, SWR, WHITTENt LOVELESS, I~LSEY, WILLIAM 8 HAMISON GREGORY, HALT AND PHILLIPS 2323 Bryan Street Suite 1720 218 North Ela Dallas, Texas 76201 Denton, Texas 76202 A PROPOSAL TO COLLECT DELINQUENT AD VALOREM TAUB FOR THE CITY O! DENTON Submitted bys HEARD, GOGGAN, BLAIR, WHITTEN, LOVELESS, KEwSEY, WILLIAMS & HARRISON GREGORY, HOLT AND PHILLIPS 2323 Bryan Street Suits 1720 218 North Elm Dallas, Texas 75201 Denton, Texas 76202 f TABLE Or CONTENTS PE * Intraduotion 2 * Reasons for contracting with Heard, Goggan, Blair, Williams & Harrison and Whitten, Loveless, Kelsey, Gregory, Holt and Phillips660.000 ...................2 * Comparison of Collections 4 * Hunt County Delinquent Tax Collection..0660.,.66160900.. 5 * Executive Summary 6 * Description of the Division of Responsibilities......... 13 * Clients and References ..................................16 * Scope of Services .......................................23 * Taxpayer Contact ..................................23 * Taxpayer Relations .................►..............24 * Telecommunication Sarviaes .........................25 * Address Location ..................................25 * Li t igat i on . . . 0 . 0 . . . . . . . 0 . . . . . . 0 0 0 0 . 0 0 ► ► . 0 0 0 . 2 6 * Seizure and Sale ..................................29 Data Processing ..............................31 * Data Processing Approach► ..........................31 * Data Processing Resources ..........................33 * IBM Compatible Hardware/Software.........►....33 * DEC Hardware/Software......►..► ...............33 * Miscellaneous Equipment .......................34 * Specialized Software ..........................34 * Collection Service. ................35 * Litigation Services .....................35 * Client Support Services 4460000000000004036 Proposed Project Schedule ...............................37 * Biographical Information for Heard, aoggan, Blair, Williams & Harrison and Whitten, Loveless, Kelsey, Gregory, Holt and Phillips..64466404660040439 * Conclusion ........................................'......46 i INTRODUCIZ„QN Heard, Goggan, Blair, Williams & Harrison is the largest delinquent tax firm in Texas, with offices in Dallas, Fort Worth, San Antonio, Austin, Houston, a,.d Brownsville. Our program has proven to be highly effective in many metropolitan areas, where the tax Collection rate has increased by more than two fold. Among our 28 municipal cliepts throughout the state are three of the four largest cities to Texas based on the amount of property taxes collected. As a result of our extensive experience of serving large and small cities throughout the state, we are experienced in dealing with technical, legal and public relations issues that are unique to municipal taxing units. our local partner is Whitten, Loveless, Kelsey, Gregory, Holt and Phillips, a Denton law firm engaged in the general practice of law. The two firms propose to combine their resources to mount a vigorous tax collection program at a minimum effective expense to the City of Denton. -1- REASONS FOR CONTRACTING WITH HRARD, GOGGAN, BLAIR, WILLIAM & HARRISON and WRITTEN, LOVELESS, KELSEY, GREGORY, MOLT AND PHILLIPS * Proyan arforgcE: The charts on the following pa es show the successful results the firm has produced for a wide variety of jurisdictions throughout the state. delinquent Guaranteed__ C2119,~onas We will guarantee that our than gtuhe t a:~ x collections will be at least fifteen pearcent more projected to be collected by in-house staff during the 1966-87 fiscal year. * OUer Collections: Wa will collect delinquent accounts for paving assessment liens, substandard .housing demolition liens, and weed liens at no additional cost tothe city, * Local Office: We plan to establish an office in Denton to serve the needs of the City. At the present time, we have toll free telophone service' for Denton residents to our Dallas and San Antonio offices. * Local Counsel: Whitten, Loveless, Kelsey, Gregory, Holt and Phillips will monitor the project., and act as a liaison with local officials. The firm will be in a position to advise Heard, Goggan, Blair, Williams & Harrison concerning local concerns and sensitivities. * kcal variance: From the position of practicing law in the City of Denton, Whitten, Loveless, Kelsey, Gregory, Holt.and Phillips has effective working relations with judges, clerks, bailiffs, deputy sheriffs, and constables in Denton County, who are necessarily involved in the collection process. * Quality of Extieience% We are the largest delinquent tax firm with vast experience in collections for jurisdictions of all sizes. We have offices in five Texas cities and our staff is comprised of 135 persons. We serve more than 70 taxing entities in Texas. * Municipal Ex2orisnce: We collect delinquent taxes for 25 large and small cities in Texas. • * staM Our firm is made up of highly experienced and skilled professionals in areas such as law, data processing, public finance, accounting, and public relations. "2. yl W~. + * Services: ScoRe of our firm combines demand letters, telephone collections, mass litigation, address research, skip-tracing, and media campaign in an optimal manner to achieve maximum collections, * Data : We have highly sophisticated computer capability, proven software, and skilled personnel to bring to bear on the tax problems of the City of Denton. * Bon gr Other angR: We will provide a bond or other assurance that the additional penalty assessed to defray the cost of legal fees cin accounts prior to the 1985 tax year will be repaid by the firm in the event such fees are ruled invalid. * ~nority Participation: Members of ethnic minority groups make up forty-seven percent and worsen comprise sixty-four percent of our statewide personnel. These individuals serve in virtually all positions in the firm. * As ge_of Equity and Fairnesst We will set up an equitable installment payment program for those who are unable to pay their taxes for reasons of age, disability or financial hardship. * Community. Relationg: Wa have worked successfully with the mass media to enhance our collection efforts and to mobilize editorial and public support for such activities * Financial Resourcas: Because of our size and superior performance, we have access to tho oubstantial financial re- sources necessary for the successful completion of the project. * Reg lar Meetings; The staff of the firm meets regularly with officials of the tax office to coordinate our collection strategies. * Austin Office: We maintain an Austin office to keep abreast of the latest legislative matters, Attorney General opinions, and interpretations of the State Property Tax Board and the Supreme Court of Texas. -3- HEARD, GOGGAN, BLAIR, WILLIAMS & HARRISON COMPARISON OF DELINQUENT TAX COLLECTION F, HOUSTON CITY OF DALLAS AND T.'.RRANT COUNTY WAR COUNTY SAN ANTONIO Z INDEPENDENT DALLAS INDEPENDENT AND RELATED AND RELATED INDEPENDENT w SCHOOL DISTRICT SCHOOL DISTRICT JURISDICTIONS JURISDICTIONS SCHOOL DISTRICT V 09 w C. 250 $24,267,000 240 $5,031,137 $5,192,124 $3,095,874 230 220 210 200 $21,654,329 190 180 170 160 150 140 0 30 20 110 100 $10,997598 510,093,000 $2,131,194 $2.217.280 $1,313,231 90 , 80 ? tt 70 60 111,1„!Lrf 50 40 4 ! 30 20 10 7-1-0,31 to 7.1.64 to 7.1.82 to 7.143 10 5.1.81 to 5.1.02 to 1979 1980 11.1.82 to 11.1-63 to 6.30.84 6.30-85 71.83 7.1.84 5.1.82 1.83 11.183 11.1.84 Collections Prior to Contract 100% ADDITIONAL With Heard, Goggan, Blair, Williams & Harrison COLLECTIONS 1st Period of Collections By Houston I.S.D. $100636mi Heard, Goggan, Blair, Williams & Harrison City of DAM $140194,00! HOUSTON LS.D. ■ 197`X1 Tarrmd County Z7,rt"3 CITY OF DALLAS = 240%. Bow County sZ197 oM TARRANT COUNTY = 236'X, San Antonio I.S.D. s11M643 BEXAR COUNTY ■ 234% SAN ANTONIO I.S.D. a 236% ~,..H.: ~e'7~ 7 . ~ 17 tl S?. Heard, Goggan, Blair, Williams & Harrison Hunt County Comparison of Delinquent Tax Collection 260 LEGEND. 240 r r w, y til 1220 1st Year HGBWH; 253% zoo 180 160 C 140 L D 120-- , 100-- 60.. f f.: F,- 1 YII~ ~ ~ 20 +M yi. ~l i j[ t ~ 5 0 14, $255,297 $646,262 Additiona, Coll es.-Ntions: $3909965 r7 C EXECUTIVE BUXKARY (Items 1-6 correspond to the reference numbers given in "City of Denton Criteria for Selecting Firm" section of the Request for Proposal). We propose to conduct a vigorous delinquent tax collection program for the City of Denton. Our goal is to produce maximum dollars in the shortest time, with the least cost and adminis- trativi burden to the City of Denton. 1. our tnnerience in Delinggent Tax Collectic Heard, Goggan, Blair, Williams & Harrison specializes in the collection of delinquent taxes for taxing units of all sizes across the state. The firm is the largest and most techno- logically advanced law firm engaged in delinquent tax collection for governmental units in Texas, We have emerged as the most effective firm in the industry because of our ability to merge the disciplines of law and computer science. We are the largest law firm in the State of Texas for collecting delinquent taxes based on the aggregate dollars collected for our clients. We collect more than one-third of the delinquent taxes collected by private firms for medium and large jurisdictions in the state. The goals of our comprehensive program are achieved because we produce the maximum number of dollars in the shortest time frame operating at the least possible cost to our client. At the same time we honor the interest of the taxpayer to most his/her tax obligations in a fair manner. Z. History of the 71 Oliver Heard and Thomas Goggan, in association with other individual practitioners, began collecting taxes for Bexar County January 1, 1980. In January of 1982, Mr. Heard, Mr. Goggan and Stephen Blair formally organized the firm of Heard, Goggan & Blair to collect delinquent taxes throughout the state. In November of 1965, Mr. Jim Blair, Mr. Leslie Williams and Mr. W. 0. "Bill" Harrison joined the firm, and the name of the firm became Heard, Goggan, Blair, Williams & Harrison. Mr. Jim Blair brings seventeen years of delinquent tax collection experience to the firm. Resumes of all partners and managerial and professional pirsonnol are included on Page 39. -6- VIM 71 In Dallas, Tarrant, Harris, Bexar, and many smaller counties throughout the state, the firm's efforts have dramatically increased delinquent tax collections, enabling communities both to avoid tax increases and to enhance existing services. A list of our clients can be found on page 160 3, C0112ation Capability Heard, Goggan, Blair, Williams & Harrison currently collects taxes on over 1,000,000 delinquent accounts throughout the state. We reressnt more than seventy taxing entities in Texas. Our largest client has more than 100,000 delinquent accounts and our smallest client has less than 60 accounts. 311. The Staff The law firm of Heard, Goggan, Blair, Williams & Harrison is currently comprised of one hundred thirty-five (133) persons including attorneys, system designers and analysts, computer programmers, managers, finance specialists, paralegal, clerical and secretarial personnel. . The operations manager for the City of Denton project is David Dartex who is also operations :ianager for Dallas County, the City of Dallas and the Dallas Independent School District tax collection programs. The attorneys handAing the lawsuits are John Horn, 111, James Stanton, Orlando Garc,l,a, and Charlotte Tripp. Richard Pachecano is the Director of Data Processing and LaKita Jones is in charge of data production, Jeff Ogren supervises the clerical personnel in the Litigation Department, and Caryn Lye coordinates the production of lawsuitu, The coordination of address and ownership research is the responsibility of Wesley Newell, and Judy Thomas is in charge of payment arrangements, Gloria Holmes coordinates activities with the District Court while Anita Moffitt coordinates with the Bankruptcy Court, Telephone collection is spearheaded by Eric Bogdan, Bart August, Charles Nicholson, Andrew Nichols and Cecil Young. Resumes of these individuals and other key managerial and professional staff members ar3 found beginning on page 39, 38. scope of services The Collection Andy The taxing jurisdictions owe no apology to delinquent taxpayers, If anything, delinquent taxpayers, by their tardiness, owe an apology to law-abiding taxpayers who pay on time. We believe a clear message must be sent by television . interviews, newspaper stories, demand letters, telephone contact, and the fill.nq of lawsuits that payment is virtually inevitablet and that delays in payment will surely cost delinquent taxpayers penalty and interest and could cost them attorneys fees, court costs, and eventually, seizure and sale of their property. our experience has shown that an effective collection project should be litigation oriented. our mass litigation capability gives us the credibility that is vital to the success of the collection effort. computer services: We apply the necessary computer software to prepare and mail collection letters to all delinquent taxpayers, erfors address research, file and prosecute lawsuits, and pursue udgment collection, forsolosure, and seizure and sale of personal property when appropriate. We receive and process taxpayer responses and report errors and corrections to the taxing entities. The tax office's involvement in the delinquent tax collection program is limited to receiving and posting payments, recording adjustments to the delinquent tax roll, and providing us with up-dated files reflecting current payment information. Reports and Analytic studies: We providn our clients with comprehensive reports describing our activities in collecting delinquent taxes ' them. Upon a jurisdiction's request, our Research and Develvpment Department will, at no cost, conduct in-depth analyses of its current and/or delinquent taxes to assist in formulating future policies toward collection. Public Re at oast our a erience indicates that heavy television and radio coverage and editorial backing of our efforts increases the rate of tax collection and mobilizes public support for the collection activities. Therefore, we work closely with local media to maximize collection efforts. Assurance of E ty and. Fairness: Our experienced staff handles the collections with sensitivity and professionalism, treating taxpayers with courtesy and respect. Hardship cases are assisted through arrangement of installment payments if ,the taxing juvisdictions so desire. We also work with Senior Citizens (over 65) to be sure that they are aware of the defer- rals available to them. Legislative and State Qoyer=tat Relations : We inform our clients re larly of the latest legislative matters, Attorney General opinions and rulings, State Property Tax Board inter- pretations, and the Texas Supreme Court opinions regarding issues related to delinquent property taxes. our Austin office meanwhile assists our clients in defending their property tax-related interestri in the legislature, the Supreme Court of Texas, and the various state agencies. :sell Delinquent Legal @ervicess In addition to our regular filing of suits, our firm will file and prosecute to final conclusion any account or accounts the taxing units request. We have a ful,1 legal staff to file and try any and all aspects of ad valorem tax -8- cases. Any request will be acted upon immediately and in a professional manner. As an illustration, our firm has handled, to their conclusion, delinquent tax cases in the Supreme Court of Texas and the Supreme Court of the United states. 4. Bond or other Assurance Heard, Goggan, Blair, Williams & Harrison will provide a bond, or other assurance, satisfactory to the City that the additional penalty assessed to defray the cost of legal fees on accounts prior to the 1985 tax year will be repaid by the firm in the event such fees are ruled invalid. 5. Denton Office Our basic approach is to perform locally all activities that can be decentralized without hampering the efficiency of the collection program. Thus we will maintain a Denton office to assist in answering taxpayer questions, in performing address and ownership research, and in handling the movement of litigation through the court system. In addition to having access to our Denton office, taxpayers will be able to call our Dallas office through established telephone capabilities by dialing toll free 1-800-441-0960 and our San Antonio office through a metroplex number of 429-5963 and a toll tree number of 1-800-292-6144. 6. Cost Summary and Payment eaheduls We propose to collect delinquent taxes for the City of Denton for a fee in the amount of fifteen percent (154) of, the amount of taxes, penalty and interest actually collected pursuant to Sections 6.30 and 33.07 of the Texas Property Tax Code. We will bear the entire cost of the operation, and no fee will be payable until the money actually is collected and in the city treasury. We propose that our fee would then be payable on a monthly basis by check This is a standard arrangement through- out the state and is approved by and embodied in the form contract promulgated by the State Property Tax Board. The fifteen percent (15%) fee is the only cost to the City of Denton except when citation by publication is required. All costs of this project will be borne by Heard, Goggan, Blair, Williams & Harrison. . The standard contract promulgated by the State Property Tax Board provides that vendor will be paid only for coll4ctions occurring within the period of the contract, except that vendor -9- will have six months after the expiration or termination of the contract to reduce pending suits to judgment, and to handle all appeals to conclusion. We suggest that the City's contract contain these provisions. 7. The Loo~al pa_rtgsr. Whitten, Loveless, Kelsey, Gregory, Holt and Phillips is a Denton law firm engaged in the general practice of law. The actual production under the contract will be the responsibility of Heard, Goggan, Blair, Williams & Farrison. The project will be coordinated by Whitten, Loveless, Kelsey, Gregory, Holt and Phillips who will monitor the program and act as a liaison between Heard, Goggan, Blair, Williams & Harrison and the City of Denton officials. In addition, the local partner will assist in screening accounts to determine the validity of filing suits and will act as liaison between Heard, Goggan, Blair, Williams m'; Harrison and judges, clerks, deputy sheriffs, and constables who are necessarily involved in the collection prooesi, Combining our technological, manpower, and financial resources with the local knowledge and community involvement of our local partner allows us to mount an effective and fair delinquent tax collec- tion program. S. affirmative Action The law firm of Heard, Goggan, Blair, Williams & Harrison always has complied with not only the letter but the spirit of the law regarding the, Civil Rights Act of 1964, and related equal employment opportunity legislation. our personnel reflect this concern with a 474 ethnic minority group membership. Women comprise 64% of our statewide personnel. Mr. Stephen Blair, a partner, is the Affirmative Action Officer of Heard, Goggan, Blair, Williams & Harrison. Mr. Blair had previously been Affirmative Action Officer for Texas Educa- tion Foundation, Inc., a large non-profit corporation with more than eight hundred (000) employees. Mr. Blair has written numerous affirmative action plans that have been approved by the U.S. Department of Labor and the Equal Employment Opportunity Commission. We have given high priority to the hiring of women and minority personnel in all categories of employment. We have used woments and minority organizations to advertise for these positions. We have sub-contracted with minority owned firms to supply such service as office security, title search, office . supplies and investigation of accounts. Many of the firm's high level minority staff were hired shortly after graduation from college. They were assigned to the -10- fly t skill intensive areas of litigation, data processing, accounting, and administration. As they have gained more experience and learned more practical know-how, they have been promoted to higher positions. The firm's rapid growth in recent years has provided ample opportunities for its minority employees to learn a wide variety of technical and professional skills and to advance rapidly. In addition to providing professional development opportuni- ties through permanent employment, the firms summer job pzogram has also been a major source of on-the-job training for minori- ties. During the peak months of July and August the firm hires a large number of minority high school and college students to work in data processing, litigation, taxpayer assistance and re- search. As a consequence of the summer jobs these students have been able to learn valuable technical, analytical, interpersonal, and communicaticn skills. Working with the firm has motivated them to pursue studies in the areas of law, data processing, marketing, finance, journalism and economics. BREAKDOWN Of PERSONNEL IN THE EMPLOYMENT OF NEARD, 4000AN, BLAIR, WILLIAMS 6 HARRISON . ANOLO HISPANIC BLACK OTHER MINORITIES 53% 22% 3i$ 0 ALL ETHNIC MINORITIES 47% FEMALES MALLS 64% 36% 9• Paying Assessments. Substandard Housing-pt ^tiaby n Liens• and Meed Liens We will undertake the mollection of delinquent accounts for paving assessment liens, substandard housing demolition liens and weed liens for the City of Denton. We propose to utilize essentially the same techniques which we presently employ in the process of delinquent tax collection. These processes include mass mailing of demand letters, selective mailings in appropriate circumstances, intensive litigation, and telephone contact. • We will integrate these accounts into our tax suits in those cases in which these delinquencies also occur. Judgment will be taken for these additional delinquencies and attorneys' fees where appropriate. Where these non-tax delinquencies occur -il- independently, we will file suits and prosecute them to judgment on a selective basis, toundad upon such criteria as dollar amounts and multiple delinquencies. We propose to undertake the collection of these accounts on the basis of attorney's fees assessed to and collected from the debtors. In the event that said fees are recovered from the debtor, we suggest that such fees be paid to the firm as compens- ation for these endeavors. At any event, our proposal contem- plates that the collectible amount of assessment, penalty, and interest will not be diminished by the payment of any collection fee to the firm. 10. Suggested Performance Criteria The primary criterion for the City of Denton to utilize in evaluation of the success of the contract is rovenue production. A delinquent tax collection firm must never lose sight of the fact that this is the key goal of its contract. An additional appropriate criterion in the direct cost savings to the City attributable to the contract. Another important consideration is the data processing support the contractor makes available to the City. The professionalism, fairness and equity with which tax- payers are treated also play a vital roll in judging the success of the program. 11. Guaranteed 1-Cations Ile estimate that our law firm can assist the City of Denton to collect thirty percent (30%) more delinquent taxes than, the amount projected to be collected by in-house staff during the 1986-87 fiscal year. We are willing to guarantee that the amount of delinquent taxes collected by our law firm will be at least fifteen percent (154) mere than the one hundred eighty thousand dollars projected to be collected by in-house staff during the 1986.87 fiscal year. We will supply the City $7,500 worth of programming and computer services in fiscal year 1987-88 if we fail to collect our guaranteed amount. -12. y 1 DESCRIPTION OF THE DIVISION Op RESPOMSIBILITIES Responsibilities of the Law Firms: Heard, Goggan, Blair, William & Harrison and Whitten, Loveless, Kelsey, Gregory, Holt and Phillips will develop the necessary computer software, write collection letters to all delinquent taxpayers, perform address research, file and prosecute lawsuits, and pursue judgment collection, foreclosure, and seizure and sale of personal property when appropriate. We will receive and process taxpayer responses and report errors and corrections to the tax office. We will bear the entire cost of•the operation, including: salaries, computer costs, rent, equipment, telephone, postage and all supplies. We will receive the delinquent tax rolls and provide all research and paperwork necessary to provide taxpayers and the tax collector with correct or corrected information to update the City files including forwarding addresses as located. We will substitute as attorney of record on, all existing suits and interventions and pay all court costs and filing fees. We will submit monthly reports of suits filed on accounts and duplicate letters sent to taxpayers. We will file lawsuits on delinquent taxpayers that do not respond in accordance with a schedule to be established by -the City of Denton. We will intervene in delinquent tax suits filed by Denton County and Denton Independent School District, if applicable, pursuant to Sec. 33.44, Property Tex Code. We plan to consult with the City of Denton's attorneys in the filing of Proof of Claims in bankruptcy proceedings. We will file suits for collection of delinquent taxes pursuant to Sections 33.41 and 33.42, Property Tax Ccde. The law firms will follow through on all suits and provide reports to the City of Denton. Furthermore, we will provide recommendations that an installment agreement be entered into between City and taxpayer, for qualified individuals pursuant to Section 33.02, Property Tax Code. We will provide legal support and research as needed and we will provide recommendations to not pursue a case if a case is weak or the likelihood of collecting is low or unlikely. We will collect only those groups or individ- ual accounts which the City of Denton determines in its discre- tion are to be collected by our firm. We will obtain the ownership records of all property on which a suit is filed at our expense. We will provide total and complete delinquent tax collection services including court filing fees and all other casts, pursuant to Sections 33.48 and 33.07, Property Tax Code, and indemnify and hold the city harmless in any suits or liability that may result from the delinquent tax collection. -13- i 111 '.4r IV I 411 We propose a method of payment as outlined on page 9. We understand ws will be entitled to fees on amounts actually collected while the contract is in effect pursuant to Section 33.07 of the Property Tax Code. We will continue to comply with not only the letter but the spirit of the law regarding the civil tights Act of 1964, and related equal opportunity legislation. Our Affirmative Action Program is described on page 10. We will implement a strategy as described on page it for collecting delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed liens. We will coordinate the filing of all tax suits with the City Attorney and all tax collection efforts with the City of Denton Tax Department. We will provide for copies of all tax files to be turned over to the City Attorney if the contract is termin- ated. We will make recommendations to the City Tax Department on accounts to be collected (i.e., mobile homes, aircraft and business personal property) by summary seizura (Tax Warrants) and perform all legal work necessary to reduce those accounts to payment of taxes pursuant to Sections 33.21, 33.22 and 33.23, of . the Property Tax Code. We are willing to guarantee that the amount of delinquent taxes collected by our law firm will be at least fifteen percent (15%) more than tho amount projected to be collected by in-house staff during the 1986-87 fiscal year. Please see page 12 for more details. Responsibilities at.. the City of Denton: The city of Denton must provide the law firms with initial delinquent tax roll data annually, and after collection activity has commenced, up-dated tapes reflecting current payment information from time to time. Under present law the City of Denton is not liable for court costs or security for costs. They must, however, pay the cost of publishing citations in those situations where citation by publication is necessary and desirable, under the mandatory provisions of Section 33.49, Texas Property Tax Code. The City will be responsible for providing updated informa- tion such as adjustments, payments, errors, double assessments, or other diecrepanoies on delinquent accounts and forwarding such information to the law firms. The City must notify the law firms of any taxpayer that has filed bankruptcy and notified the City of such activity. Our fee will be fifteen (15%) percent of the amount of all delinquent taxes, pursuant to Section 33.07, Property Tax Code, penalty and interest actually collected and paid to the collector of taxes during the term of this contract. The collector shall pay said funds monthly by check. The City -14- . _ r r, 'zj a c will be able to terminate the contract with thirty (30) days notice. The City will be requested to allow an additional six months to reduce to judgment all suits tiled prior to the last date of the contract, The city will be responsible for preparing and mailing tax statements at least thirty (30) days, no more than sixty (60) days, prior to delinquency date, giving notice to the delinquent taxpayers of the potential add-on cost of collec- tion, -l;i- k3~f~'~*6Sn'°thsr ..~.~.e,, i , r., ~'+r n• -'a _,h'S".J .,F-.,t,: -`rse, .a 4 a=te ~wz`-1TC; gv s 1 CLIMB 71ND gzrsg ~tanva We are pleased to submit the following list of client references: City of Dallas t DaIJAI T e n Ms. Jayne Morrell Tax Assessor-Collector City of Dallas Room 2C South, 1500 Marillo Street Dallas, Texas 75201 (214) 670-3444 Dallas County Mr. John Childs Tax Assessor-Collector Dallas County Courthouse 500 Main Street Dallas, Texas 75202 (214) 749-8811 City of Fort Worth orth I.S.D. Mr. D.R. Love Tax Assessor-Collector City of Fort Worth City Hall Fort Worth, Texas 76102 (817) 870-6668 Tarrant County Honorable Mike Moncrief County Judge Tarrant County Courthouse Fort Worth, Texas 76102 (817) 334-7441 Ms. June Garrison Tax Assessor-Collector Tarrant County Courthouse Fort Worth, Texas 76102 (817) 334-1120 -16- Hunt County Ms. Joyce Barrow Tax Assessor-Collector P.O. Box 1097 Greenville, Texas 75401 (214) 455-1210 Houston I.S.D. Dr. Billy Reagan Superintendent of Schools 3830 Richmond Houston, Texas 77027 (713) 623-5581 Bexar County Mr. Rudy Garza Tax Assessor-Collector Bexar County Courthouse San Antonio, Texas 78205 (512) 220-2266 City of Sari Antonio Mr. Lowell Denton City Attorney P.O. Box 9066 San Antonio, Texas 78285 (512) 299-8940 San Antonio I.S.D. Mr. Baldemar Benavides Tax Assessor-Collector 141 Lavaca San Antonio, Texas 78210 (512) 299-5556 Northeast DjL. Mr. Ernest Dunnagan Tax Assessor-Collector 2573 Bitters San Antonio, Texas 78217 (512) 657-8760 -17- '4i' Northside I.S.D. Mr. Jack Jordan Superintendent of Schools 5900 Evers Road San Antonia, Texas (512) 647-2100 Southeide Z.S,,. Mr. Bob Van Pelt Tax Assessor-Collector 1610 Martinez-Losoya Road San Antonio, Texas 78221 (312) 626-2346 South San Antonio I,S.D. Ms. Connie Esquivel Tax Assessor-Collector 2515 Sioux San Antonio, Texas 782245 (512) 924-8541 Universal City Mr. Mike Tanner City Manager 2150 Universal City Blvd. Sun Antonio, Texas 78148 (512) 659-0333 Jan County, City of Beaum_gnt Mr. Nick Lampoon Tax Assessor-Collector Jefferson County Courthouse Beaumont, Texas 77704 (409) 835-8516 City of Port Arthur Mr. Dave Brannon Tax Assessor-Collector P.O. Box 1089 Port Arthur, Texas 77640 (409) 983-3321 •18- SAS . , .4' t . Williamson County Ms. Dorothy Jones Tax Assessor-Collector Williamson County Courthouse Georgetown, Texas 78626 (512) 869-4302 City of Laredo Mr. Vidal Cantu City Council 1502 Hidalgo Laredo, Texas 78040 (512) 722-6331 City of San MarcgA Ms. Betty Oliver Director of Finance 630 East Hopkins . San Marcos, Texas 78666 (512) 383-4444 Nusces County Mr. Robert N. Barnes County Judge Nueces County Courthouse Corpus Christi, Texas 78401 (512) 888-0444 Cameron County Mr. Moises Vela County Judge 964 East Harrison St. Brownsville, Texas 78520 (812) 544-0830 Browsvil1 a 2. s D Mr. Raul Bestario, Jr. Superintendent of Schools 1102 East Madison Brownsville, Texas 78520 (512) 546-3101 -19- City of Brownsville Mr. Emilio Hernandez Mayor P.O. Box 911 Brownsville, Texas 78520 (512) 542-4391 Paint Isabel I.S.D. Mr. Eliseo B. Vega School Board President P.O. Box 1098 Port Isabel, Texas 78578 (512) 943-1371 city o! Harlingen and Harlingen I.S.D, Mr. Fred Ramos Director of Finance City of Harlingen P.O. Box 2207 Harlingen, Texas (512) 423-4230 Lubbock County Mr. Frank Stuart Tax Assessor-Collactor Lubbock County Courthouse Lubbock, Texas 79401 (806) 741-8025 Duyal.County Mr. Gilberto Uresti County Judge P.G. Box 248 San Diego, Texas 78384 (512) 219-3322, Ext. 207 i -20- . k Mme.... +r ....rte- a,;:~.• ~.ra,. - i Brogka County Mr. Joe B. Garcia County Judge P.O. Box 427 Fallurrias, Texas 78355 (512) 325-3053 aimogg County Mr. Agapito Molina, Jr. County Commissioner P.O. Box 729 Hebbronville, Texas 78361 (512) 527-4195 Zapata County & Zanata I.,S,,D. Mr. Jaime Gonzales Tax Assessor-Collector Zapata County Courthouse Zapata, Texas (512) 765-4239 Alamo Hti,ghts I.S.D. Dr. Calvin E. Grosw Superintendent of Schools 7101 Broadway San Antonio, Texas 78209 (512) 824-2483 Doer Park I.S.D. Mr. David Watkins Superintendent of Schools 203 Ivy Deer Park, Texas 77536 (723) 479-2831 City of Elsa Mr. Antonio Barco j Mayor P.O. Box 427 Elsa, Texas 78543 (512) 262-2127 •21- ;s r.. y City of Hill Country Village Mr. Otis Kibler Mayor 116 Aspen Lane San Antonio, Texas 78232 (512) 494-3671 City of Kirby Mr. J. Thomas Webb Mayor 112 Baumann Street San Antonio, Texas 78219 (512) 661-3198 City of Live, Oak Mr. Charles Pinto City Manager 8001 Shinn Oak Drive San Antonio, Texas 78233 (512) 653-9140 City of Natalia Mr. John Hill Mayor P.O. Box 270 Natalia, Texas 78059 (512) 663-2926 City of Arlinaton Mr. Dick Rhodes Tax Assessor-Collector P.O. Box 231 Arlington, Texas 76010 (817) 275-3271 14any of the above jurisdictions also collect taxes for a large number of cities, school districts and special taxing units. -22- SCOPE OF SERVICLS Our law firm has a fully developed comprehensive program which we are prepared to implement for the City of Denton, our goal is to maintain a rigorous tax collection prcgram at a minimum effective expense to the City. Our program includes computer software development, systems design, programming and implementation, address research, taxpayer contact, taxpayer service and follow through, tax record update and correction, litigation, judgment enforcement and follow up. TAXPAYER CONTACT After the initial computer programming, loading and testing, we send a tax collection letter on our attorney letterhead stationery to every account, without an address deficiency. This involves the implementation of a computer program integrating tax information with the text of a letter. This procedure is accomplished through the use of a Xerox 9700 laser printer which merges constant and variable information onto a professionally prepared personalized letter, complete with signature and tax statement. The entire form, from letterhead to signature, is produced on high quality 8 1/2 x 11 bond paper using a single pass of the laser printer. This eliminates the need for pre- printing and much of the forms handling usually associated with this type of mailing. This letter is accompanied by a tax statement advising the taxpayer of the property against which the taxes are assessed, the years for which the taxes are due, the accumulated penalty and interest, and the total amount presently due and owed. This statement will be incorporated into a specially coded remittance document, which the taxpayer will be requested to include with his payment. This remittance document greatly facilitates the posting and crediting of accounts. This mailing, where hundreds of letters arrive i.n mailboxes on the same day, results in an enormous amount of word-of-mouth publicity. To enhance. the impact of the demand letters, news releases and other types of media attention are timed to coincide with the mailing. Approximately sixty days later, a second mailing will be sent to all taxpayers who did not respond satisfactorily to the initial mailing. This second mailing will be accompanied by the filing of lawsuits. The coordination of the mailings and lawsuits is necessary to afford credibility to the letters. We strive for maximum media coverage of the commencement of the lawsuits. i 1 -23- • Our goal is to send a clear signal through letters, media, and lawsuits that our clients can and will collect their delin- quent taxes. Subsequent mailings utilize extensive existing software to select targeted accounts for generating demand letters or alternatively to select all accounts which meet predetermined criteria for demand letter mailing. Software in support of letter generation also includes prbparation of an arcrival register of all accounts which were included in each mailing. Sophisticated integration of computer, laser printing and mailing technologies mnkes it passible for us to prepare and mail a demand letter to every account, or any subset of account, within seven days from receipt of a computer tape from the City Tax Office. TAXPAYER RELATIONS The mailings generate many telephone calls and letters from taxpayers, which must be received,. and the information processed, stored and catalogued. We have trained personnel operating telephone banks to receive inquiries. All taxpayers are treated with politeness and professional courtesy. All errors and corrections are recorded and reported to the tax office. All taxpayer communication, oral and written, directs the taxpayer to remit payment directly to the tax office. Our entire philosophy is based upon the maximum automation that the highest technology will permit. However, the most advanced state-of-the-art technology cannot furnish discretie°,,- judgment or compassion. We feel that computer-generated, customer service letters can result in a high level of frustra- tion among those taxpayers who have questions or problems concerning their tax liability and are unable to communicate satisfactorily with the representatives of the taxing units. Therefore, our approach to dealing with taxpayer response to a mailing reflects our keen awareness of their concerns. our staff has been trained to be sensitive to the problems of those wry:) cannot pay their taxes. Senior citizens are informed of the tax exemption benefits that are available to them. Many hardship cases are assisted through arrangement of installment payments with the cooperation of the taxing juris- diction. Broad based taxpayer contact stemming from our mailings and other collection activities generates a great deal of information regarding taxpayers and their tax accounts. Thus, a compre- hensive system has beat, developi to retain that information and to direct our future collection and litigation activities accordingly. One aspect of this system involves creating a -24- r= I computer record of all account intercept actuations such as hardship, problems over sixty-five, valuation errors, or assessing . TnLBCOMHUNICATIONB sBRVICZB The Telecommunications Department collects delinquent taxes through direct telephone contact efforts. Computer methodologies are used to target accounts for direct contact, to track the progress of individual contact efforts and to follow up on taxpayer commitments for payment. Professional collectors are trained to be courteous and understanding yet firm and persis- tent. Accounts involving complicated problems are selected for handling by the Telecommunications Department. such accounts will usually not be collected without aggressive, personalized follow-through in a framework where it is understood that payment of taxes is the only alternative to costly litigation. ADDRESS LOCATION A successful tax collection campaign requires an intensive and sophisticated address research effort. Letters cannot be de- livered and citations may not be served without proper addresses for the delinquent taxpayers. The greatest single problem that compounds any address research attempt, manual or automated, is the ambiguity of name as an identifier. For example, if one were seeking an address for John Doe, who owns a certain apartment building, and discov- ered on the City utility the a person who spells his name exactly the same, there is no assurance that he is, in fact, the same person. Similarly, Johnny Doe is not necessarily a differ- ent person, nor is J. Howard Doe. The usual resources for address research are the followings 1. Telephone book 2. City Directory 3. Criss-Cross Directory 4. Newest Roll Created by the Appraisal District 5. City Utility Name Files 6. Crow.-checking the separate tax files within the same taxing unit (Bxamplei Business Personal to Real Property) 7. Tx Files or Other Jurisdictions 8. Local Indexes of Business Owners and Oparators 9. Assumed Name Files in County Clerk's Office 10. Deed Records 11. Voter Registration Records 12. state Motor Vehicle Records -25- i 13, Police Traffic Ticket Files 14. Information from Taxpayer Contact 15. The secretary of State Files 16. Address Locator Firms 17. D.P.S. Licensed Driver File We plan to utilize all of these resources to locate proper taxpayer addresses. Bearing in mind that the goal is revenue for our clients, we initially recommend special emphasis on larger dollar amounts and on taxpayers who own multiple properties. In support of this type of an effort, we have computer programs to list accounts by name, address, or legal descrip- tion. These lists are used to aggregate information within the roll in order to optimize our efforts. If a developer is on the tax roll once with a good address and fifty times with a bad ad- dress, aggregating enables us to correct the fifty bad accounts. For example, we began in Tarrant County with half of the accounts, approximately 28,000, with bad addresses or no address- es at all. These accounts totaled some four million dollars in delinquency. A six month intensive campaign, utilizing the resources and stra:agies discussed above, resulted in the location of correct addresses for more than one-half of this delinquency. In the area of address research, numerous capabilities exist to facilitate the search for addresses. Accounts identified as having a bad address as well as accounts identified by the law firm through returned mail or taxpayer contact will be compiled within our system and cross-referenced by taxpayer name, address, account number and amount owed. Clerical cross-referencing makes it possible to optimize address research resources by pulling together multiple accounts of the same taxpayer, so that search of a single address resolves the bad address on multiple accounts and also permits the biasing of the work effort towards higher dollar accounts. . Name sorted and address sorted listings of the entire tax file are also used for multiple account research. Accounts in this category may have a good address on one or more accounts but not all; thus the existing file can be used as a research tool. in special instances such as collecting delinquent taxes on vessels and airplanes, we have contacts with specialized locator agencies to facilitate our research. As significant numbers of addresses are /jbtained, we have the technology to generate laser printed specialized mailings to those taxpayers. LITIGATION The commencement and prosecution of lawsuits are vital to the credibility of the collection project. Typically delinquent taxpayers are persons who have disregarded repeated notices from -26- the tax offices, sometimes for many years. Thus, a successful collection effort should be litigation oriented. A letter from an attorney is the first signal that litigation is imminent. if disregarded it must be followed by a lawsuit, However, the more filing of lawsuits is not sufficient. Process must be served, and cases must be set and tried to judgment. Judgments must be collected by execution and sale if necessary. Our task must be to educate non-taxpayers to believe that disregarding their tax obligations will inevitably result in sale of their property and imposition of heavy penalties, interest, court costs, and attorneys' fees. A professional delinquent tax program will make good taxpayers out of some bad taxpayers. We have the capacity to computer generate as many lawsuits as the local court system can absorb. We print the petitions, citations, and address labels for service by certified mail. if the Court Clerk desires, we will pre-assign cause numbers and court 6,_%e gnations, which can simplify greatly their recordkeep- ing, and reduce paperwork. We initially seek service of process by certified mail. This is specifically authorized by the Texas Rules of Civil Procedure and has proven generally faster than the ordinary procedure of personal service by sheriff's deputies or con%ta- bl.es, if service is not obtained by certified mail, the citation is referred to an officer for personal service, or the file is sent back to address research for an update if appropriate. Once service is obtained, the defendant must answer or a default judgment may be taken against him or her. The judgment should be abstracted and execution issued and levied upon t'..e property of the defendant. The defendant may be compelled to ap,year for a deposition in aid of judgment or answer written interrogatories concerning the nature and location of his or her property. Bank accounts may be garnished under certain circum- stances. Cases in which the defendant answers are promptly set for trial. Summary judgments are obtained when appropriate. The process of keeping lawsuits moving through the court system will requL.a both computer expertise and cooperation of all of the officials of the system. We have the capacity to track the status of litigation in progress by computer. We will work closely with the judges, clerks, and other personnel to . coordinate this phase of the program. Proper prosecution of real property tax suits requires a high degree of expertise. All persona or entities with any -a?- R'-q'~w ~F^',`~°~"7 _ ~rsT ~ -..*w*,~•. 7'7 ..rv , s.: rn .,v r-,... ,y~ r, interest in the ,roperty, including owners and lien holders, must be identified and located. We contract for professional title abstracting at no Additional cost to taxing jurisdictions. We represent our clients in all types of lawsuits arising from collection activi- ties, such as counterclaims and injunction suits, at no ad- ditional cost. We also have the capacity to handle complex, contested cases at all levels of our trial and appellate courts. We will pursue the difficult as well as the routine cases. To support our litigation activities, all original petitions for both personal and real property lawsuits are prepared by our computer system in conjunction with the Xerox 9700 laser printer. Since lawsuits for delinquent personal property accounts do not require a title run, information extracted from the delinquent tax roll is merged with information manually researched regarding registered agents for corporations, updated ownership information or address information to automatically generate personal property petitions. our system is such that literally thousands of personal property lawsuits can be prepared within a matter of days. However, as a practical matter, ;:he volume of work created for the Clerk of the Court may dictate that persorr,al property filings be staggered. The filing of real property lawsuits is considerably more complex in that a title run is required prior to filing of the lawsuit. Therefore, our abstractors, as they research ownership and lien holders, record that information on a data entry form which is then used to directly key-in defendant information together with volume and page references tn the records of the County Clerk. The computerized title run information together with the last known address of the defrndant is merged with accounts receivable information extractead from the supplied delinquent tax roll. This facilitates computer generation of the petition, including legal description and an itemized tax statement as an exhibit. Since the filing of real property lawsuits is limited by the availability of title runs, our strategy is to pace the filing of real property lawsuits on a weekly basis throughout the year. At the same time that lawsuits, either real or personal, are being prepared, the system also prepares copies of citations for each defendant aserjaiated with the lawsuits. Additional copies of the petition are prepared and provided to all other taxing jurisdictions who may have an interest in the property in order to facilitate their filing of an intervention. The system prints labels for addressing the certified mail envelopes and documents. This extra service saves hundreds of personnel hours in the Clerk's office and expedites the litiga- tion process. In summary, although our case filing volume represents a significant workload to any district or county clerk's office, we make every attempt to ease the burden as much as is reasonably possible, including supplying supplemental staff during periods of peak filing activity. Our system has been enhanced to include the ability to retain the name and address of each defendant. As the case progresses and additional documents are necessary, such as amended petitions, motions to set, judgments, abstract of judgment, or orders of execution, we have the information necessary to generate them by computer. In order to facilitate the tracking of litigation, our system generates computer tapes of all filing information to permit automated updating of t%e Clerk's and the taxing author- ity's systems if desired. Our system tracks the status of all pending litigation for our internal purposes. We have extensive software to support the random selection of cases for the filing of real property litigation. It is very important that the taxpaying public not be able to discern a pattern for the filing of litigation. Therefore, cases must be se'ected across the economic and geographic spectrum. However, in order to optimize the use of our resources as well as the resources of the Court, weight is given to higher dollar amounts as well as accounts with multiple years of delinquency. 8212=0 AND BALE We feel that seizure of personal property in connection with selected accounts, accompanied by a high profile media campaign, can be a highly effective collection technique. Due to the drastic and summary nature of the seizure remedy, we recommend that its application be limited to a relatively small number of particularly well researched and documented accounts. Thousands of seizures might escalate the possible sryor factor to an unacceptable level, which could result in a negative public perception of the entire collection project. Moreover, the practical difficulties involved in seizing, storing, and selling thousands of items of personal property would probably render the effort economically counterproductive. We feel that we are uniquely qualified to advise taxing entities regarding the legality of seizure and sale. Heard, Goggan, Blair, W,,,lliams A Harrison has twice successfully =29s Y i >j+ ,,i ir`al t ,,;7F a fi>r,7:„. 'L ` {•Y.rr'. ; t T , . litigated the constitutionality of this remedy before the Supreme Court of Texas. See Shaw vs, Phillips Crane 6 Rigging et all 636 S.W. 2d 186 (Tex. 1982) and Querner Truck Lines, Inc. vs. State et all 652 S.W. 2d 367 (Tex. 1983), The judgment of the Supreme Court of Texas in the Phillips case was appealed to the Supreme Court of the united states. Upon motion to Dismiss or Affirm filed by Heard, Goggara, Blair, Williams Z Harrison, the Supreme Court of the United States dismissed the appeal for want of a substantial federal question, Justice John Paul Stevens, dissenting 459 U S, 1191. The Texas Property Tax Code has sinc: Ibsn amended to require warrants in connection with seizures of personal property. In summary we feel that the judicious use of the seizure remedy on a selected basis is an effective and legally tested tax collection technique, We recommend that the remedy not be implemented during the late summer, vihich will be the peak season of our mass mailing campaign. Taxpayers should be given the opportunity to respond to the letters and possible suits, we must be certain that both the taxing jurisdictionr and the firm have had adequate time to properly verify the delinquency of the account and the ownership of the property, We suggest that early spring is the optimum period during the cycle to implement seizure and sale, 0.. n DATA PROC388ING Heard, Goggan, Blair, Williams & Harrison pioneered the high technology approach to delinquent tax collection. The firm immediately recognized that the methods of the older firms were unsuitable for the efficient: handling of the thousands of accounts which are typical of our clients, From the beginning we have emphasized the latest, state-of-the-art, high technology approach to data processing. The firm also determined that delinquent tax collection is a highly specialized area of data processing, and that even the most advanced, highest quality existing software and technology were not suited for this specialized application. For many years, we have employed systems designers and computer programmers to apply the latest technologies to the specific needs of the firm and it's clients. The firm continually has been developing, testing, applying and perfecting its systdms in Dallas, Tarrant, Harris, and Bexar Counties. The result is United Governmental Services, Inc., a computer services company which is a sister company of Heard, 0 sofGoggan, tware Blair, system Williams specially d sign d of for DELTAX, copyrighted lection. The total resources of all three are available to our col- clients at no additional cost. OUR DATA PP4028SING APPROACH The design of our system of delinquent tax collection support software is predicated on the belief that the ultimate repository of all tax information is and should be the on-line tax system of the taxing jurisdiction. Therefore, no attempt is made within our system to parallel the dynamic file maintained by the jurisdiction. Rather, our system is based upon receipt of periodic, at least monthly, copies of the current files. During periods of more intense delinquent collection activity involving high taxpayer contact, rcore frequent copies of the files may be requested to allow our staff of customer service clerks and legal secretaries to have more timely records of payments and adjust- ments to the file. Upon receipt of a data file from the taxing jurisdictions, the law firm will first construct various statistical profiles of the remaining delinquency. Within the constraints of the data set received, we analyze such items as total number of delinquent accounts, total number of delinquent years, number of accounts delinquent within dollar categories, number of senior Citizens accounts delinquent, number of cases involved in litigation, and other demographic and geographic criteria. These analyses are used to evaluate the effectiveness of our collection efforts as -31- W611 as to assist us in targeting future collection activities, depending on the make-up of the remaining delinquency. We have developed extensive automated techniques for evaluating uncollectability of accounts and make those available to our clients. Next we utilize the file to compile very dense laser printed, two-sided delinquent tax rolls to be used by our customer service staff. At each taxpayer contact point there is an entire delinquent tax roll as of the beginning of the month, loose-leaf bound for easy reference. A very large percentage of taxpayer inquiries can be served with the information that is contained on this delinquent tax roll. Copies of this delinquent tax roll will be made available to the taxing jurisdiction. Members of our data processing staff are familiar with several hardware environments including Burroughs, IBM, DEC and Hewlitt Packard. Two members of our staff were formerly respon- sible for the design and development of Bexar County's On-line Tax Collection and Automobile Registration Systems which were developed in a Burroughs environment. This experience allowed us to design and develop programs which were used in Nueces county to extract delinquent tax information from their "TACS" on-line tax collection system, marketed by Burroughs Corporation, without impacting on the County's programming resources. We have not found it necessary or desirable to provide on-line access to the data base of information we compile regarding delinquent tax accounts. Although some information gathered through various collection activities is entered on-line into our system, all extraction of data rrom our system is done on the basis of batch reports or preparation of computer magnetic tape for generation of documents on the Xerox 9700 laser printer or for feedback 'Co the client or the court system. Our system currently is being enhanced to include the capability to retain a complete history of all collection activities relative to each delinquent account. -32- x DATA PROCESSING Rz8O1DRCE8 Our experience has enabled-us to automate our procedures to an advanced degree. A brief description of our data processing resources is as follows IBM COMPATIBLE HARDWARE/QFTN'ARE Harware Main France Plug Compatible With IBM 4331 II, 4 Megabytes of Main Frame Memory 4 STC 4800 Series Dual Density Tape Drives, 1600/6250 BPI 6 STC 8360 Disk Drives, 12 Spindles with 317 MB Memory per Spindle STC 8002 Disk Controller STC 1800 LPM Printer STC 1200 LPN Printer IBM 2540 Reader/Punch 32 ITT Couriar Terminals (3270 look alike) Operating Systems DOS MVT/VSE Lan roes CICS 1.5 ASSEMBLER COBOL 74 DYL'-280 DEC BAADNAREf8OARE DEC 780 VAX Computer, 4 Megabytes of Main Memory 1 TU 80 Tape Drive, 1600 BPI 1 TU 81 Tape Drive, 1600/6250 BPI • 2 RA 81 Disk Drives with 456 MB Memory per Spindle DEC LP-26 600 LPM Printer -33- Y £ 12 Qume (VT100 look alike) Terminals 7 VT220 Terminals 2 VT100 Terminals 2 LASO Printers 1 LAISO Printer Operating System VAX WS LA13ggages DIBOL DECNET DATATRIEVE COBOL KISCELLENEOUS EQUIPMENT Xerox 9700 Laser Printer Assorted desk top personal computers, word processors, laser printers, micro-computers, and electronic typewriters with memory and display screens allocated to selective application in needed areas. SPECIALIZED SOFTWARE Heard, Goggan, Blair, Williams & Harrison uses the DELTAX System, an integration of software and procedures carefully developed and refined through many years of actual use in all sizes of Texas jurisdictions from small to very large. More than two million dollars has been invested in the development of DELTAX. The system was developed by our firm's key personnel, who have diverse experience in Texas tax jurisdictions including both management and staff responsibilities in the design and implamentation of batch and real-time computerized tax collection systems. The copyrighted software has been optimized to take advan- tage of the best complementary features of mainframe computer systems, the latest 16-bit micro-computers, desktop laser printers, and high speed laser printers. -34- The DELTAX aystem includes collection, litigation, and client support services: COLLECTION fi8RVICE8: Reformatting of delinquent roll using latent roll name and address Calculatico of penalty and interest in accordance with jurisdiction guidelines Computer-to-computer preparation of collection letters with OCR scanable remittance documents Building and maintenance of computerized delinquent account tracking file to monitor progress of collection efforts on each account Production of summary reference listings of entire delin- quent tax roll to assist taxpayer contact personnel in answering inquiries Suspension of selected accounts from further collection efforts, either temporarily or permanently, according to instructions from the taxing jurisdiction (e.g. assessing problems, over 66 homestead exemptions, bankruptcies, etc.) Production of follow-up correspondence based upon response to first mailing Use of specialized computer methods to optimize research of names and addresses of bad address accounts LITIGATION SERVICES: Computer origination and printing of both personal and real property peti;°ions and citations computer origination and printing of legal instruments as- sociated with the lawsuits (e.g. Motions to Set, Judgments, *to,) Computer origination and printing of transmittal documents and notices associated with prosecution of lawsuits Tracking of lawsuits through all stages of the process to final resolution • On-line retrieval of lawsuit status information -35- . n-}Y'fS.~;. a..: i-`F5a .'yaF•~r-,y yK .r::.~ CLIENT SUPPORT SERVICESs Comput,erfized tax roll analysis Computerized tax roll statistical profiles Tax roll reconciliation data processing assistance to client jurisdictions File consoildotion (integration of multiple prior years of delinquency) File conversion Automation of manual tax rolls -36- PROPOSED PROJECT 6CIMDULE FOR THE CITY OF DENTON July 7, 1986 - Vendor receipt of 1985 and prior delinquent tax rolls. July 14, 1986 - First sample (5%) mailing dropped for 1985 and prior delinquent tax rolls. Special senior citizen (over 65) letter mailed. July 15-160 1986 - Feedback from Taxpayers to vendor regarding sample mailing and identifica- ~:ion of potential problems. July 16, 1986 - First full (954) mailing for 1985 and prior delinquent tax rolls mailed. July 17, 1986 - First mailing received by taxpayers. August 25, 1986 - Second sample (54) mailing dropped for 1985 and prior delinquent tax rolls. Initial lawsuits for business personal property filed. August 26-27, 1986 - Feedback from Taxpayers to vendor regarding sample mailing and identifica- tion of potential problems. August 27, 1986 - second full mailing (954) for 1985 and prior delinquent tax rolls mailed. August 28, 1986 - second mailing received by Taxpayers. September 1, 1986 - Processing of litigation through June 30, 1987 judgment and sale, continual suit filing activities. September 1, 1986 - Telephone collections, skip-tracing, and June 30, 1987 other efforts through research and personal contract. December 81 1986 - Third sample (54) mailing dropped for 1985 and prior delinquent tax rolls. 7ecember 9-10, 1986 - Feedback from Taxpayers to vendor regarding sample mailing and identifica- tion of potential problems, - 37= owl December 10, 1986 - Third lull malting (95*) for 1985 and prior delinquent tax rolls. December 11, 1986 - Third mailing received by Taxpayers. Special senior citizen (over 65) mailing sent. January 1, 1987 - Mailing to accounts discovered through June 30, 1987 address research and supplemental accounts from the appraisal district. Sequence is repeated for duration of contract. -38- r i r BIOGRAPHICAL INFORMATION HEARD, GOW"o BLAIR, WILLIAMS i HARRISON And WHITTEN, LOVELESS, KELSEY, GREGORY, HOLT AND PHILLIPS THE PARTNZR8t HEARD, GOGGAN, BLAIR, WILLIAMS a HARRISON Oliver S. Heard, Jr., was admitted to the Bar in 19f7 after receiving his B.A. and J.D. from the University of Texas at Austin. He is President of the Board of Trustees of the Texas Bar Foundation, Past Chairman of the Board of Directors of the State Bar of Texas, a member and former National Secretary of the American Board of Trial Advocates and is Vice President of the Board of Trustees of the Texas Bar Foundation and a Fellow of the American Bar Foundation. Mr. Heard is an author and lecturer for Cie State Bar of Texas Professional Development Programs, and has presented several papers on ad valorem taxation for State Bar sponsored Law Courses. Mr. Heard is a co-author of a Matthew- Bender textbook on ad valorem taxation. Thomas Goggan, III, was admitted to the Bar in 1967 after 0 receiving his B.A. and J.D. from the University of Texas at Austin. He is certified as a civil trial lawyer specialist by the Texas Board of Legal Specialization, and has litigated complex tax cases, both jury and non-jury, in the district courts, the Court of Appeals, the Supreme Court of Texas, and the Supreme Court of the United States. Mr. Goggan is an author and lecturer for the State Bar of Texas Professional Development Programs, and has lectured on ad valorem taxes for the State Bar Advanced Real Estate Law Course in the Fall of 1983. Mr. Goggan is also a co-author of tr^_ M?,.tthew-Bender text on ad valorem taxation. Stephen S. Blair, was admitted to the Bar in 1967 after receiving his B.A. and J.D. from the University of Texas at Austin. He aerved for years as a counsel to Texas Education Foundation, Ines., where he gained substantial experience in administering multi-million dollar government contracts. Also, he was Affirmative Action Officer for the corporation. Mr. Blair is a former assistant district attorney, a lecturer on ad valorem taxation for the State Bar and co-author of the Matthew-Bender text on ad valorem taxation. Jim Blair was admitted to the Bar in 1967 after receiving his B.A. from the University of Oklahoma and his J.D. from the University of Texas at Austin. He was the Assistant City Attorney for the City of Amarillo Tax Division for two years, the Assistant4 District Attorney for Randall County, Texas, for two years, anA was in a private practice which was linited to ad -3~- FMRFF~ valorem tax collections for twelve ears. He is a member of the Texas Association of Assessing officers, International Associa- tion of Assessing Officers, Texas Association of School Admini- strators, and the Texas Tax Assessor's Association. ±fe hr•ti been a lecturer for the T.A.A.O. Continuing Education Programb, Texas Association of School Boards and Texas Association of School Administrators. Leslie No Williams, Jr., was admitted to the Bar in 1969 after receiving his B.H.A. from Texas Tech University and his J.D. from St. Mary's University. He was Vice-President, Secre- tary and General Counsel for the Excel Corporation for eleven years. He was with the firm of Culton, Morgan, Britton & White of Amarillo, Texas, for four years. W. O. "Bill" Harrison was admitted to the Bar in 1971 after receiving his B.A. from Texas Christian University and his J.D. from the University of Texas at Austin. He was a Texas State Representative from Corpus Christi. Prior to becoming a member of the Texas House of Representatives, he was with the firm of Wood, Burney, Nesbitt & Ryan in Corpus Christi for four years and the firm of Harrison & Jordan in Corpus Christi for eight years. He is presently serving on the Texas commission on Efficiency and Econory, a special commission appointed by the Lt. Governor. TEE PARTNERS: WHITTEN, LOVELESS, KELSEY, GREGORY# BOLT AND PHILLIPS Michael J. Whitten was admitted to the Bar in 1969 after receiving his B.A. from North Texas State University and his J.D. from the University of Texas at Austin. He has served as President of the Denton County Bar Association. Curtis M. Loveless was admitted to the Bar in 1969 after receiving his 8,B.A. from West Texas State University and, his J.D. from the Unkrersity of Texas at Austin. He is Board Certified in Family Law by the Texas Board of Legal Specializa- tion. Riobard H. Kelsey was admitted to the Bar in 1964 after receiving his B.B.A. and J.D. from the University of Texas at Austin. "'e has served as President of the Denton County Bar Associatic... and is Board Certified in four specialty areas by the Texas Board of Legal Specialization. D. Michael Gregory was admitted to the Bar in 1970 after receiving his B.B.A. and J.D. from the University of Texas at Austin. He has served as President of the Denton County Bar Association and has received the American Jurisprudence Award. He is Board Certified in Family Law by %he Texas Board of Legal Specialization. -40- Judd B. Holt was admitted to she Bar in 1974 his B.A. from Baylor University and his J.D.fromerSt. Mary's Univeraity. Ronald V. Phillips was admitted to the Bar in 1978 after receiving his B.A. from East Texas State University af.c.i zis J.D. from Texas Tech University. THE ATTORNEYS: Harold Putman, Jr., was admitted to the Bar in 1964 after receiving his B.A. in 1961 and J.D. in 1964 from St. Mary's University. He is a Board Certified, Civil Trial Dwyer by the Texas Board of Legal Specialization, has been admitted before the U.S. Court of Appeals, Fifth Circuit and U.S. District Court, Western and Southern Districts of Texas. Henry C. Meyer was admitted to the Bar in 3.964 after receiving his B.S. from Texas Christian University and his J.D. from the University of Texas at Austin. He has been admitted to practice before the U.S. Supreme Court, U.S. Court of Appeals, Fifth Circuit, and the U.S. District Court, Northern District of Texas. Lupo samarripa was admitted to the Bar in 1973 after receiving his B.A. from the University of Texas at Austin and his J.D. from the Georgetown University Law Center. He has served as Special Assistant Attorney General, as Special Counsel to the Secretary of State, and as Special Assistant to the Governor. Richard R. orsinger was admitted to the Bar in 1978 after receiving his B.A. and J.D. from the University of Texas at Austin. A prolific author, he is Board Certified in Family Law by the Texas Board of Legal Specialization, Olivero B. Canales was admitted to the Bar in 1977 aster receiving his B.S. and J.D. from the University of Texas at Austin. Mark Bindook was admitted to the Bar in 1978 after complet- ing his legal education at St. Mary's University School of Law. He served as an Assistant District Attorney for Bexar County from 1978 to 1984. Orlando L. Garcia was admitted to the Bar in 1978 after receiving his B.A. and J.D. from the University of Texas at Austin. He has served as a State Representative from San Antonio since 1983. Alfredo Padilla was admitted to the Bar in 1978 after receiving his B.A. from Pan American University and his J.D. from thu Bates College of Law at the University of Houston. He has .41- practiced in the offices of the Texas Department of Human Resources and the Attorney General of Texas. John J. Horn, III, was admitted to the Bar in 1979 after receiving his B.B.A. frost East Texas State University and his J.D. from St. Mary's University. He has been admitted to practice before the U.S. Supreme Court, U.S. Court of Appeals, Fifth Circuit and the U.S. District Qourt, Northern and Western Districts of Texas. Lawrence no Bowen was admitted to the- Bar in 1980 for Virginia and the U.S. Court of Military Appeals and in 1985 for Texas. He received his B.S. from the University of Virginia and his J.D. from the University of Richmond. James D. Stanton was admitted to the Bar in 1982 after receiving his B.A. from Case Western Reserve University, his M.B.A. from Baldwin Wallace College, and his J.D. from the Cleveland-Marshall School of Law. He is a former Assistant District Attorney in Dallas County. Rebecca P. Bustamante was admitted to the Bar in 1984 after receiving her B.A. and M.A. from Incarnate Word College and her J.D. from St. Mary's University. Richard A. Strieber was admitted to the Bar in 1985 after receiving hie B.A. from Incarnate Word College and his M.A. and J.D. from St. Mary's University. Tasters L. Zinnia was admitted to the Bar in 1985 after receiving her B.A. from the University of Texas at San Antonio and her J.D. from St. Mary's University. Charlotte Go Tripp was admitted to the Bar in 1985 after receiving her B.A. from the University of Texas at Austin and her J.D. from St. Mary's University where she was Senior Associate Editor of the St. Mary's Law journal. Raymond R. Gray was admitted to the Bar in 1985 after receiving his B.A. from Southwestern University and his J.D. from the University of Texas at Austin. MANADEKENT AND ADMINISTRATIONS Bert August, Collector, received his B.A. in Political science from the University of Texas at Arlington. Currently he is pursuing his M.B.A. in Business Management from the University of Texas at Arlington. -4 2 ~ Carri Baker, Client and Community Relations Specialist, holds a Bachelor of Business Administration degree from Texas A & M University. Ulric Bogdan, coordinator of Collections, received his B.A. in Political science and Economics from North Texas State University and attended St. Mary's University School of Law. Michael A. Carral, Office Manager for the Houston Area Delinquent Tax Operation, received his B.B.A. in Accounting from St. Mary's University and his B.A. anO,, M.Divo from Oblate College of the Southwest. Helen Danner, Administrative Director for the tort Worth Area Delinquent Tax operation, has served more than 20 years as Delinquent Tax Specialist for the City of Fort Worth and has served as Clerk of the 48th Judicial District Court of Tarrant County. David J, Dartes, Operations Manager, served as Director of Information Services fir Bexar County, Project Leader for Phiioo-Ford at NASA's Manned Spacecraft Center, and was senior Systems Analyst for the City of Houston, . Gloria Rolmes, District Court Lawsuit Coordinator, graduated from E1 Centro College in Paralegal Studies and received her B.A. from East Texas State University in Political Science and Sociology. Dr. Rostam Ravoussi, Director of Business Development, has received a M.S. in Operations Research from the University of Texas at Austin, and a Ph.D, in Economics from Harvard Univer- sity. He has taught economion at the Univeraity of Pennslolvania and the University of Washingt`n, and has published articles in major economic journals. Dr. Robert $$Bob" Rrueger, President of Texas Tax Service, Inc., received his B.A. at Southern Methodist University, M.A. at Duke University and M.Lit. and Ph.D at Oxford University. He has served as Dean of the College of Arts & Sciences at Duke Univer- sity, Representative to the U.S. Congress for the 21st District of Texas and U.S. Ambassador-at-Large and Coordinator for Mexican Affairs. Currently he serves as the Lloyd Bentsen Professor of Business and Government at the L.B.J. School of Public Affairs, the University of Texas at Austin. Anita Moffitt, Bankruptcy Court Coordinator and PACS Litigation Assistant, attended Howard Payne University where she studied pre-law and received extensive computer training. originally hired as a secretary, she has been promoted to head of the office's bankruptcy section. -43~ . r. William L. Noll, Consultai,c, C.P.A., received his H.B.A. from the University of Texas at Austin where he was the Outstanding student in Business and his M.S. from the Naval Postgraduate School, 8, Wesley Novell, Address Research Specialist, received his B,A. in Sociology and English from Indiana State University, AnArev Nichols, Collector, received his H.A. in Political Science and History from Austin College, Charles Nicholson, Collector, received his A.A. in Criminal Justice from Wayna County Junior College in Michigan and pursued a B.B.A, at Bethune-Cookman College in Florida. Jeff Ogren, Administrative Director for the Dallas Area Delinquent Tax Operation, studied criminal Justice and Pre-Law at Southern Methodist University. Christine Rotter, Administrative Director for the San Antonio Area Delinquent Tax operation, received a B.S. in Business Administration from Trinity University. Marolyn Stubblefield, Director if Client and Community . Relations, holds a B.A, in Sociology and a M.A. in Psychology from the University of Texas at Austin. She has experience in community organization and public administration. Judy Thomas, Coordinator of Payment Arrangements, received her B.B,A, from the University of Dallas. Cecil Young, Collector, received a Paralegal Degree from El Centro College and graduated in Accounting from the Administra- tive Specialties School at Keeslor A.F.B. .a4_ 1 D1T11 P&OCESBIN(~t Richard H. Pachecano, Data Processing Director, holds a B.B.A. from the University of Texas at San Antonio in Accounting and Business Data Systems. His work experience includes four years with Bexar County Information Systems as a Programmer Analyst, Financial Systems Manager, and two years as Deputy Director. While at the county, he was directly responsible for overseeing several large scale software development projects including the County's Financial Management system, the Current/Delinquent Tax Collection System and the Automobile Registration System. He has served as an analyst and lead programmer on delinquent tax collcotion and tax roll consolidation efforts for major metropolitan areas across the state. Barbara Barrett, Systems Manager, holds a B.S. from the University of Texas at San Antonio in Math/Computer Science. Her work experience includes managing the programming efforts in the Criminal Justice Systems for Bexar County, Texas, and serving as the Lead Programmer and Procedures Analyst for the City Water Board of San Antonio. Ellen Brander, Programmer, holds a B.A. from the University of Colorado. Terry Ro wersyl, Programmer, holds a B.A. degrea Lrom Grand Rapids College. La Kita Jones, Data Control Supervisor, has a B.S, degree from the University of Florida, where she received he, formal education in Computer Informational Sciences. Cheryl Kimball, Programmer, holds a B.S. from Creighton University. Martin Rangel, Programmer, holds a B.S. from Creighton University. Susan Schalk, Programmer, holds a B.S. from Trinity Univer- sity. Juanita Vasquez, Programmer, holds a B.A. from the Univer- sity of Texas at San Antonio. Donald Be Made, Manager of Data Processing in Houston, received his B.S. in Math and Computing sciences from tho University of Houston. Elisabeth Wheeler, Programmer, holds a B.A. from the University of Texas at San Antonio. CONCLUSION We attribute the success of our tax collection effork' throughout the state to a unique merger between the disciplines of the law and computer technology. We believe that we are able to offer our clients the highest and best level of professional development in both areas. We would consider ourselves at all times to function in an attorney-client relationship with the City of Denton and would keep the City advised at all times concerning the nature and extent of our efforts and results, and would be available to answer any questions or assist them in any way possible. In addition to the actual collection of taxes, we also would consider it our responsibility and obligation to offer legal representation in connection with all phases of collection activity, such as defending injunction suits and cross-actions at no additional cost. We will pursue all tax cases, large and small, simnla and complex, through all levels, trial and appellate, in the state and federal courts as necessary. We appreciate your consideration of this information, and we remain avr4?able to provide you with such additional elaboration or informr.::.Lon as you may desire. Respectfully submitted, HEARD, GOGGAN, BLAIR, WILLIAMS & HARRISON By: OLIVER S. HEARD-,-J-R, •46- 'iF .°v W$y ~ y . :,am f~^°f T, 1 ^A.?±9 , t G ?r nt: a. TERRY W. LEWis *;r.IAL TAx ArToRNmr 010 DALLAS CNIV[ P. 0. sox soa*s DrNTow Taus 76206.0209 June 10, 1985 ANcA Coo: 811 ese•aa~• r~ John F. McGrane Director of Finance City of Denton Municipal Building 215 E McKinney Denton Texas 76201 RE Delinquent Tax Collections Dear Mr McGrAne- Please accept this proposal in connection with the award of the contract for collecAon of delinquent taxes for the City of Denton i have developed a new delinquent tax procedure that will es,able me to provide the City Tax Office with a computer terminal with constant access to the City files in my computer. This service will allow the City staff to determine the status of any or all of the City of Denton delinquent tax files without phoning or posting updates on files. Status reports to the City will be available to the City on A routine basis becausa of this new system. We have the capacity to handle large amounts of new business efficiently while providing our clients with expanded, -service. S in^eraly /llh i m Terry W Lewis. Attorneys at Law P.C Terry W Lewis line tod his practice to collection matters on September 1 1977. and began A significant interest in delinquent tax practice in 1978 when he became delinquent tax attorney for the Denton Independent School District. Since the first of the year our staff has grown to include two full-time attorneys, and other managers and staff, to A total Of 19. We have purchased I microfiche service which includes the Platt records and map records of Denton County Texas, an essential tool in property records research. We have developed our own computer software specifically designed for delinquent tax collection, improved this program bAsed upon our gxper.ience with Denton County delinquent tax suits, and we further have the capability to continually improve out systems and procedures to handle an expanding delinquent tax roll. Our offing is located at 610 Dallas Drive, Denton, Texas, and we have continually maintained an office in the City of Denton since 1977. Key Managerial Staff Terry W. Lewis Attorney at Law 'Gerry W Lewis practiced law in Denton, Texas continuously since graduating from law school in 1971. limited practice to collection matters since xSoptember 1 1977 Education' ,70, University of Texas School of Law Austin Texas 1971 BBA (Accounting), North Texas State University 1969 12 hours coursework North Texas State University Business Computer Information Systems Department, (admitted to masters program), 1994 Professional Organizations- Member State Bar of Texas Member District 14B Grievance Committee, Star Bar of Texas 1981 to present Member Denton County Bar Association Family' wife,, Marinel Lewis. married 16 years 1 child Lauren, age I Military Service US Army. 1962 to 1965. highest rank Lieutenant Partial list of clients- Denton Independent School District USBank Denton MBank. Denton Firmt State Bank Denton Krum Independent School District City of Corinth Other client furnished upon request. Roger D Shipman attorney at LAw Education- JD, Texas Tech School of Law. 1974 BA. North Texas State University. 1966 Legal Practice! 1981 - 1986. Director, Texas Board of Veterinary Medical Examiners 1975 - 19,11, Attorney, Denton, Texas 1974 1975• Practiced with Sanders Scotia, Saunders, Brian & Finney. Amarillo Texas Marrieds wife. Linda Shipman, mArried 20 years 2 children, Marshn 13, Daniel 8 Military service- 1967 1971. US Air Tore, i James 0 Snow Office Manager Education- 1960 - 1962 Graduate Advanced Artillery School Fort Sill Oklahoma 1958 - 1960 Attended Midwestern State University Wichita Falls Texas 1958 Graduate. Airborne School Fort Henning, Georgia 1956 Graduate. OCS School Fort Sill Oklahoma 1954 High School graduate Experience: Current Terry Lewis, Attorneys at Law office manager, collections specialist 1975 1984 5heppArd Area federal Credit Union 1972 - 1975 Business for self, 9a'les 1972 Retired from National Guard 1960 - 1972 ITT Aetna Finance, Wichita Falls Management tra.lnee to branch manager 1958 1960 Monaghans Furniture & Appliance, wichitA Fills sales & collections 1952 - 1958 Private. Army Artillery to First Lieutenant Oats of Birth, October 1 1913 Married David ares4ett. Computer Systems Manager Education- Angelo State University. B.S.. 1975 North Texas State University M,9., 1981 Experiences System manager for POP-11 computer systems in NTSU Physics Department Programming experience with VAX computer systems at NTSU Programming language experience- PL/l. Fortran Cobol, Pascal C Operating systems experience! VMS. RSX-11M, PC-DOS, CP/M•-80, CP/M-86. UNIX Tim Joseph Zimmerer, Controller Education 1980 - 1985 North Texas State University, B,9, Degree with maior Accounting, Graduated Cum Laude December, 1985 with a cumulative G.P A. of 3.616/4.0 Honors* National Dean's List, 1984 - 1985 Graduate Cum Laude, December 1985 Experience: 1981 - 1986 Austin Commercial, Dallas, Texas carpenter Married One child Capacity to Process Delinqunnt Accounts Terry Lewis. Attorneys at Law, P.C has made a substantial investment in computer hardware and scf~ware, together with in-house development of systems which -%nablis this office to handle many times the 25,000 delinquent accounts mentioned in your request Our new computer capability. together with our previous staff and our increased per employee efficiency. has built our capacity to absorb new business for several years to come, and our productivity should Increase each year. A welcome by-product of our new system is regular reports, generated automatically. and access to your files through a computer terminal to be located in the City of Denton Tax Office. The following pages provide examples of reporting forms and formats which we use to serve our clients. Each reporting format will be preceeded by a brief explanatory description of the format. These sample formats reflect delinquent real estate taxes. The personal property formats are substantially the same. DELTNQUENT TAX STATEMENT A delinquent tax statement for each property on the tax roll can be produced The statement includes the following data- t. Name, address. telephone number, and contact person of the taxing authority. 2 Computer numberi Record number assigned to each record by our office. 3. Prop TDi The number assigned to the property by either the taxing authority or Appraisal District. 4. Status! A flag field which indicates where we are in the collection process. 5. As of date- The date of the most recent change to any data in the record. 5. Name and mailing address of the taxpayer. 7. Summary property description. 9. Cause number- The number assigned to the lawsuit by the court clerk. 9. Court number, The identity of the court in which the lawsuit is filed. 10. Date of suit. It. Property type. 12. Legal description- A description of the property being taxed sufficient to put the taxpayer on notice. 11. Tax- The amount of tax owing for ouch delinquent tax year. 14. Assessed valuer Assessed value of the property taxed. tS. P & i- Penalty and interest applicable to the unpaid taxes for each tax year. 15. Totals- Total delinquent taxes. P & 1. and. if applicable. court costs and attorney fees for each property are provided, and the taxpayer is given the amount owed if paid during either of a two month period. ~1/~ OELIMDUENT TAi SI•ATENENT /iitif ttl[[tti/[t1iR RR[if ilttltii ititatit■iipt DENToN COUNTY MERI 110AM RT 3U0 E. MCKINNEY DENTON "t"Off"OlflfffffIIfOf N fIH111{HI{~NUlfff444f4444 i1ffml1441#ffff ffUlfffHHfffllf4JrfffffffffffllllfN!l111/ffftfff~+ffeff CPTR 510.1400006 PROP 111 avid STATUS t A I AS OF DATE: 1/15/85 JOl1150N, AMIY T80N t• IITS JONES $T, 0001Q CT MM IENTON TEXAS DATE OF SUIT t 0100/00 ZIP "ASE 76101 tROPEATY TYPE ■ SU80lV LEGAL DESCRIPTIONI Ro1ERTSON ADDITION.." KOCK 10 LOT 8 YEAR LINE IESCRIPTIOM TOTAL'+, WIN a3 TAI 214. 214.35 ASS'l VAL 31,641 PMI Y1. 34.31 TTL TAX 224.35, t£IfAETYTTTL I'll 151.33 31.33 FEE 64AND TOTAI• 1`7=H IF tAID IY NARCH TIL TAt 224# 33 TTL P4I 0. 31 - 6,.31 PENALTY FEE 41,11 Y BRAND TOTAL 1."1 IF LAID IY APRIL 03id511: 0 E L NIf IUENI IA1 Si6NEnt~i sssssssasuesaeerereeatreeeats■*sots ISIS re192$s OENION COUNTY NEAT Imwmt 300 E. Mct,1NNEr OWN 111 566 1908 /H I/1Of IIfHN//If11{1/1111♦IIIHIIoff 4#0%40 olol 1NN1111111/11if/111{{1{{{NIN//IfIfHHINNIINYY11sY1YSN11iHf1 MMI CPTR NO.s000001 PROP 10i R35077 STATUS s CJ; AS Of OATEj 2/31184 JONES, JOE AI 927 CAUSE NUARER s (14-1054-8 TR 00110109 )AC .206 COURT H018ER • 158TH IT. 1, tot 16 R.E.F. i P.R.R. DEMTON TEXAS DATE OF SUIT s 1/02114 tie cok 16201 PROPERTY IM • A19TRACT LEM OESCRIPTIONI AIST 9271 II.E.P, k P.R,R, SURV TRACE I11191 0.206 ACRES PEAR LINE KSCRIPTION TOTAL 1ENTOK 13 TAX 69.24 69.26 ASS'S VAL 21401 Pit 11.01 11.01 12 TAX 69.26 69.26 A55'D VAL 21411 M 26.32 26.32 11 TAX 31.30 31.30 ASS'D VAL "1 11.63 11.43 BO TAX 37.30 37.30 ASS' 0 VAL Pit 19.51 19.51 14 TAX 37.30 31. ASS'D VAL Pit 21.82 21.112 78 TAX 34.05 34,83 ASS'l VAL Pit 22.41 22.41 17 TAX 34.11 34,13 S'0 VAL Pit 24.5 24.37 TAX 16'0 VAC Pit 23.12 27.72 ASS' l VAL Pil 28: 74 211.74 14 TAX 31.71 31.11 Ml VAL Pit 28.13 20.13 73 TAX 31.11 31. it ASS'/ VAT, Pt 30.03 30.03 12 T u 31.00 ASS'1 VAL Pit 31.16 31.16 71 TAX 30.13 30.13 ASS'O VAL F& 32.16 32.16 70 TA 26.46 26.46 ASS11 VAL Pit 29.77 29.17 it TAX 26.46 26.46 ASS'D VAL Pit 28.11 28.11 A8 TAX 11.62 11.622 ASS'/ VAL m1 20.95 20:9 61 TAX 11131 !8, I ASS'0 VAL pit 21.10 21.20 All TAX IS,51 13.37 AW D VAL Pit 19.38 19.31 A5 TAX 20.16 20.16 ASS' D VAL Pi l 26.31 26.31 44 (At 20.16 MIS 63 0 VAL YAK is .Se 13." ASS' 0 VAL Pi t 22.20 22.20 TTI. TAX 672.69 412169 ITL Pit $22.01 322.01 PENALTY FEE 35.12 . "Mart mi ~j7.0000 ~~__~~~~~1lgq am TOTAL 1-1,371:9! IF PAIN 01 win TILL MI 2;» 3621.7 ! FUMY fu 36: AT ~ a i 4.13 e141tt I." t DELINQUENT TAX REGISTER A delinquent tax register is prepared and provided to the tax office in any of three of the following formats- 1. Alpha by legal description 2. Alpha by owner. 3. Numerically by property ID (tax roll number) The delinquent tax register includes the following data- 1. Name of the taxing authority. 2. Date the roll is prepared and paeg number of the toll. 3. Computer number- Record number assigned to each record by our office. 4. Prop ID, The number assigned to the property by either the taxing authority or Appraisal District,. S. Statusi h flag field which indicates whore we are in the collection procertp, 5. As of date- The !late of the moo recent change to any data in the record. 7. Name and mailing address of the taxpayer. 8. Summary property description. 91 Cause number.) The number 9ssigned to the lawsuit by the court clerk. i 10. Court number- The identity of the court in which the lawsuit is filed. 11. Date of suit. 12. Property type. 13. Legal description- A description of the property being taxed sufficient to put the taxpayer on notice. 14. Tax- The amount of tax owing for each delinquent tax year . 15. Assessed value- Assessed value of the property taxed. 16. P & I, Penalty and interest applicable to the unpaid taxes for each tax year.. 17. Totals- Total delinquent taxes, P & I. and if applicable. court costs and attorney fees for each property are provided, and the tax office is given the amount owed if paid during any month of a three month period. OER14N tUI11i I V 03!04/t3 0CLIN19 E4 T I A I AE61SIER PAK: I CPT9 110.t000o05 PROP Ili 923732 STATUS • A AS OF OA1E: 2125/03 AKE, INC. ILK 0PECAN 005 CREEK CUT a• P.O. 101 121 Lot 0000 III sk a~pppp DENTON TEXAS ~Y K' • SUIDiV00 UP COk 76201 LEGAL IfSCIIPTIONi PECAN CREEK A00ITION BLOCK 5 LOT 0 YEAR LINE DESCRIPTION TOTAL DENTON TAT 56.70 $6.70 ASS'0 VAL 71000 ell 14.74 14.74 I% TAX 56.10 $6.70 TTL Pit 14,74 14.74 f /9ANIY f TOTAL IF PAID BY OWN TTL TAT 56.70 56.70 TTL Pit 15031 I5.31 NMI FE( TOTAL i""`YZ=@ IF PAIL IV VAIL TTL TAX 36.10 56.70 TTL MI 15.11 15.11 0401 PENALTY fTOTAL iI. 9 IF PAID BY MAY CF :ANY 00000 PW it 427341 STATUS • A~ ~~__A_D OF MTEi 1115/13 jowwt MOTION cum ILK 0010 COUNT • M1S no IT, TOT 000! /ATE W SNIT • 0100100 i' ' WAS PROPERTY TYPE • SUIDtV LEGAL IE'SCRIPTIONt ROBERTSON ADDITION BLOCK 10 LOT I YEAR LINE DESCRIPTION TOTAL DENTON 13 TAX 224.35 224.35 ASS'1 VAL 32,617 Pit sells $1.33 TTL TAX 224.35 224.35 PENAL TYITL "1 33220.~~u 51.33 GMNO TOTAL i"" 90 IF MID BY MARCH TTL TAT 224.35 224.33 TTL Pit "~~y..~5~474 60.57 pmKty FEE ~MNI TOTAL i"'"Aa IF PAID If VAIL TTL TAR 224.35 224,35 PENKTYTFEEPit 424e2 62.12 /RANG TOTAL iIF MIO 11 MAY j .;.n Sid ♦ _ 03/a/R5 K#110M COUNIV 0ELf1101ENT 1AX aEGISIEA PAU., 2 ~SM0~000001 A1M9401 R35117 STATUS • Ui ~AS v WE] 2131/14 NUMfEt . 14-1054.1 It 0011010? )AC .201 CCAOINIUST E Kwa 158TH , • R1, 11X 16 N.E.r. i Y.R.A. OENTON' TEXAS PMONYE PEAr 11'PE AIfiiRACi UP CODE 76201 LEGAL OESCAIPTIM ANY 9210 M.E.P. i P.A.A. SINN TRACT 110191 O.2% ACRES YEAR LINE KMIPTION TOTAL DENTON 13 TAX 69.26 69.26 ASS'! VAL 20440 "1 11.01 11.01 12 TAX 64.26 69.26 an VAL 21440 n1 26.32 26.32 11 TAX 31.340 $1.30 10 ASS'1 VAL TAX 31:30 V.30 ASS'/ VAL nI M50 19.31 79 TAX 37.30 51 0~ .30 1 21 21 70 ASS'1 VAL TAt 3i:13 34:1 An's VAL nI 22.41 22.41 77 TAX 34.13 $4.15 ASS's VAL n1 24.37 24.57 76 TAX 31.00 31.00 ASS'a VAL of 23.12 23.12 75 TAX 34.14 34.14 ASS'$ VAL PSI 21.74 21.74 74 TAX 31.71 31.711 ASS's VAL nl 20.13 21,13 ' 73 TAX 31.11 31. n ASS's VAL PH 30.03 30,03 2 TO! 31.00 31100 ASS'1 VAL P61 31.16 31016 11 TAX 30.05 30.13 s ASS' s VAL n! 32.16 32.16 . rR 70 VAX 26.46 26.46 ASS's VAL MI 29.77 29.71 69 1AX 26.46 26.46 A1111 VAL 1 21.10 21.11 is at 10.62 1142 67 woo VAL AX 10:2 20,95 Ass's VAL nI 21.70 1`1.30 66 TAX 15.37 !!.ff 6S TAX. 20:406 26,16 26,16 An's VAL nI 26.31 26.31 64 TAX 20.16 20,16 An 111 VAL TAX IS." IL 63 SO 409'1 VAL pit 22.20 22.20 m TAX 612169 &12.69 PENALTY irn'EEhT $SS.82 522.00 ATTY FEE 143.40 , FU ,00 NNT C14T 11 JIIS 1.p0p0 T 4"2;514. IF PAI1 IT MARCH TTL TAX 672.69 62.69 PfNALTYT~nT 5263:91 529.» ATTY FEE 111119lENr T Ca X i1: ee eadnam iWIROW 4'"r31T If 4011 IT APRIL R 2i S2.33 69 535.5? PEIIALTV AM FEE FOE ! 16:33 RT' 1i. r. TAX REGrSTFR - SHORT FORM A short form delinquent tax register to prepared and provided to the tax office in any of three of the following formatsi t. Alpha by legal description. 2. Alpha by owner. 3 Numerically by propety ID (tax roll number)* The delinquent tax register includes the following data- t. Data at the top of each page of the short form register, a Date the roll is prepared. b. Name of taxing authority type or property, and order of roll. c Page number of roll. • 2. Computer number, Record number assigned to each record by our office. 3. Prop iD~ The number assigned to the propety by either the taxing authority or appraisal district. 4, Delinquent years! The tax years for which taxes are owed . 5. flag/date, h status code indicating where we are in the collection process, and the date of the most recent change to any data in the record. 6. Legal, Summary property description. 70 Name and mailing address of the taxpayer. 9. Date of suit. 9. Cause number, The number assigned to the lawsuit by the court clerk. 10. A legal description of the property being taxed sufficient to put the taxpayer on notice. REPORT Ulf 13102/15 KITOM CO - REAL - MR PAM 1111 N141N/•NNNIIIf1NH1NININII/1111•/NINE//#4#411/N/{401110/41t#41f f14N#4f MM goof 111111114{4f IN111/INN/4#4 414#4 f/NI/N{ 11111111115 023732 IM M" YEARS43 LEGAL-) PE Kc ow CAN CREEK on-) Am, INC. SNIT DATA-) FLAG/MTE • A ;02r2311M Lot o001 PA . lot 123 cau SUIT MT` "r"/o0 PECAN CREEK ADDITION (LOCK 3 11NTON, TEIAS LOT 1 N_r-r «w-_NN.-worNNrrrr-rr--._rr.N... N...... N N........ N.... . 000"? --,-------rR32114 1(LIN1UENI YMS113 02 It LEGAL-) O.T. /(NTON OMER-) AALE, JOHN SUIT DATA-) FLAT/MTE • t 12113184 ILK 0001 SUIT Nit "700100 LOT 0004 2111 MELLINGION CAUSE 0 Q.T. 1EIITON A141FION !LOCK it 3/101 UNION, TEIAS Lot 4 ..r.rrN_.N N.....r.NNNr-rrry~rrr.rrrNrNr wrNnr._«rrrrN..-.«..NNN««rrrNr...rwNr_wr.r. r.r..r«r 000003 027142 MINI4NOTT YEARS:$$ LEGAL-) OMSLEY PARK ONNER-) MOM", SAM SUIT DATA-) FLJ~Iri/bMa ' /1123/26 84 LIOT 001 -445 1 P.O. MI 1621 "CA>fiE II a W2310-A 0M (Y PARK ADDITION I= 31 10.1/3022447"J TEIAS LOT 1-3 pa waft r rN.w r.rrr«Nr rrr_rNrrrrr N.N.««-.r rr _Nrr. 000006 821311 1E11N1tR:NT YEAAS:13 LEGAL-) AOKATSON OMNER-) JONfSON, ANDY SUIT DATA-) tt~ • A~q~/15/1S M.K 0010 Tt; Of 100 LOT 0000 2173 JONES It. 18TON, TEIAS ROIMON ADDITION 11.1112 10 LOT --r-'----r--- Nrr+rrrrN rN~rrrr.N. «.ow-r --Nr---.. t 433077 I(LINDIIEMT YEARS:13 12 Of 10 71 71 77 76 13 N 73 72 it 70 N N 67 66 65 64 LEGAL-) AS t27 OYIROR-) JONES, JOE SUIT DATM) FLWMTE • CJ102131/04 TR "116(09 1AC 12% . Rt. INT WE a 01/02/11 R.E.. It P.R A. 4 107 16 1 M-1054-1 AM t2l, M.E.P. PAL 2114"M 1A11411 IENTA, tETAS 0.206 ACRES NN NrN..NYNrMrNNYN...__ .-rN.N... 000004 am 1ELTNIUEMT YEARS112 LEGAL-) PA4R_WILTON 01014 SNIT", JONES SUIT DATA-) RM/IM • /13 ~ 0000~000oAA 100 AIN IT PAI . Nit 1 a R WILTON ADDITION ILOCK A 1EMTON, TEIAS LOT i N----------r-N-rr- rIWNNwrMNN NNNNr.YMNr__._-. N_rY NNNYr-__. I TAX ROLL - MEMORANDUM A memorandum form delinquent tax roll is preparad and provided to the tax office if requested The roll is in alpha order and includes the following data- 1. Coir.,uter number Record number assigned to each record by our office. 2. T1ag# A status code indicating where we are in the collection process. 1, Name of the taxpayer, 4. Legal- % portion of the legal description of the property taxed. 5. hm ountt The net amount of taxes owed by the taxpayer for the property for all tax years, exciusive of P e I NUM FLAG NAME LE{?AL, AM f ~ Al.A ABLE INC. 3.51,. r,► X ABLEJOfi!`1 tri<EErlif)IiITIQN i t!~ O.T. W.-.NTON ADDITION it 608.71; ftltt!¢y!l~ N M WN SAM OWSL.EY PARK ADDITION *5 039.4 t,lc 11 it.IGb A JOHNS6N ANDY ROBERTSON ADDITION .1224. 'f,l1 Ir,fr, l!• .-.a ►1 CJ ' JONES, OE ADST 92.7. M.E.P. 14 p $672.69 ':I':'I>r;lt:rA SK SMITH, JAMES f-'f•U.IL. HAMILTON ADD I T I t ~ . 65 TOTAL TAXES f=Rall TO 20;0(j.or)- 47,br :i"1 FLAGS The following flags or codes are used to denote the status of tax accounts! PRIG TO SUIT BEING FILED A a Mailable Account Al w Ready for statement A2-+ Ready for demand letter hl • Reserved B ■ Sankruptcy Account F = Freeze Account F ■ Freeze 'eH■ Hold FSW Skip I ■ Installment R ■ Research SK- Skip Z a Publication Account Z1= Publication Account, Improved Property AFTER SUIT IS FILED C U Citstion Account C ■ Suit filed CA ■ Answor filed CS ■ Bankruptcy CO a Ready for judgment CJ . Judgment CM w Multiple parties CR * Research required CS aSkip MISCELLANEOUS D 0 Delete E ■ Exempt H ■ Hold P a Paid After Suit X * Paid Prior to Suit i , STATISTICAL ANALYSIS A statistical analysis is prepared monthly. The analysis gives a summary of the delinquent tax roll and our progress in the collection activity. The analysis first gives a "Total File Analysis" of all properties. Each item represents 1001 of the total. The totals are then broken down into different major categories, with the total dollar amount in each category and its percentage relationship to the whole delinquent tax roll. DENTIN( COUNTY AL FILE ANALYSIS % PROPERTIES (*500+) l sa.ararr•.sArwrss. sra aas..rrensxssaraiaar a. TAL PROPERTIES 6 100 PROPERTIES 1 16.4 OTAL TAXES 7,603.00 100 TAXES 672.Oq:i 13.E TOTAL P & 1 674.0( 108 P 6 321.00 19.' TOTAL•TAXES+P&I 1 ,279.0000 100 TARE+P&I 19 194.(10 11.E TOTAL ATTORNEY FEES 19161.00 100 ATTORNEY FEES 179.00 15.4 TOTAL FILLING FEES 122.00 100 FI LING FEES 84.00 68.£ TOTAL CITATION FEES 140.00 100 Cl ATION FEES 110.00 7e.5 TOTAL COURT COSTS 7.00 100 COURT COSTS .00 .1 "X" FLAG (PAIRS PRIOR SUIT) PROPERTIES ($200/s499) .s~.ssrasrarararrarasarrrsrs rrss~rrru..R.rasarrrsarrw TRXO ERTIES i'601 16.6 PROPERTIES 1 16.E 224.00 2. S P & I 566.00 21.1 PA&E1 58.00 2.9 TAXES+P&I 20174.00 21.1 TAXES+P&I 282.00 2.7 ATTORNEY FEES .0 ATTORNEY FEES .0 FILLING FEES .G CITATION T'ICOSTSES .C "P" FLAG (PAIRS AFTER SUIT) PROPERTIES (Sit/4199) . rawssarsarswswsaaasssssssrs PROPERTIES ssssssrss.rrraasasaar TAXES 5,034.00 66.2 TTAAOXEESSRTI£S 36.00 16.7 P & I itzil.00 56.3 P & I 14.00 .3 TAXES+P&I 6,551.00 63.7 TAXES+P&I 71.00 .6 ATTORNEY FEES 982.00 84.3 ATTORNEY FEES .0 FILLING FEES 38.00 31.1 FILLING FEES 0 CITATION FEES 30.00 21.4 CITATION FEES .0 COURT COSTS .00 .1 COURT COSTS .0 " FLAG (DELETES) PROPERTIES (UNDER 410) rssrsarraa..saaarra Mr!laswaas.rrar..aaasr■ ERTIES .0 PROPERTIES 1 16.6 AXES .0 PARES 3.000 .0 TAXES+P&I .0 T=TORNEYIFEES 5.00 .0 FIL C TIONFFEES .0 C T COSTS .0 "H" FLAG (HOLDS) Y. "R" FLAG (RESEARCH) Y. asslrsssasaasaaarar sa sssslsaass.saaraasssr ar TA&AX TIES 0 .Q TAAXO SRTIE5 O .p0 .vQ rAXfS+PYI F£ 10 TAXES+P&I .0 •TTORG 5 •0 ATTORNEY FEES .0 :ITH N FEES .0 FIE.LING FEES .0 .OURT COSTS .0 C URTICOSTS£g .0 iCTIVE ACCOUNTS ANALYSIS "CO FLAG (CITATION) iaaaressasretaarraaaaaaawsrsr ssssssrarsn.rwrwassraar •ROPERTIES 2 33.5 PROPERTIES 1 16.6 .AXES 281.00 3.6 TAXES 672.00 8.8 73.00 217 P & I 521.00 19.5 AXES+P&I 354.00 3.4 TAXES+P&I 11194.00 11.6 TTORNEY FEES .O ATTORNEY FEES 179.00 13.4 ILLING FEES .0 FILLING FEES 84.00 68.8 OURIIC~,~ OSTSES 10 CITATION FEES 110.00 78.5 COURT COSTS .00 .1 L $ ( ORIGINALS) ) .0 a W DATA ) 2 33. 3 (NEW DATA) 0 .0 E" FLAG IE)eMPTS) ROPERTIES 0 Axes ;0 aXES+P&I '0 .0 1, F .a+v gs,+.ey INVOICING FOR PATD 4CCOUNT9 Invoicing for paid accounts is done on a monthly basis. All tax accounts that have been paid during the previous month are detailed for each element of tax, penalty and itnerest. and cost for which the taxpayer was liable, The last page of the invoice contrains the totals. gib OFF il9S;00:20:25;9! IRVOICINB FM PAIOS FOR: 0£NTO!1 GOWN PA6£: 001 FROM DAM 101!011141 10 04T£: 1031031951 KFAt10 DATE: 1411011151 /HH1141 HN4l41 N H1111{IIINIIIIfNINfpflHffU1HU1411N41/HfNHIf11111lN►fN11►INIUIINIIIHlMHN4N►14/11/f IHNIRf - • A C C 0 U M T 1 A T A - . 1> EMT' TAX AMT f 4 1 RTTY SP. PEN Flit ell, COURT JU06MT TOTAL I4f!{/f 110 4f11#4411ff1/111411lHI/f44#441fof1114{HIIIfH ifIM#411fof44/11111110 0 4 ►411/4 # !4 10 11114 14 14{11!11110 1404NHHI#440 of 11 ACCI-000002 IO-R32714 CO 1 01.75. W.44 126,22 2500, 97 OWA MAME: ACL£, JOHN N............ M...•• ...................................................N...- Ths 1600.15 566.00 31411.22 2500.97 ACCT-000003 10.827142 CO 5039.43 1511.13 492169 39.00 7601,13 MR NAMEt 1RCH, SAM ..MIM..I..NM.-I N....Y ................Y.............. .I.N-.N N NY.... ttu 5439.43 1511.13 992.69 39.00 30.00 1601.43 3 c. n, A//9S;0A:?tsA1s64 IN"ICINS FOR PAt1S FOR. KHTON COUVTY PAGE: 002 fROli IAM 101/01/141 TO DATE: (03/031851 aEMOLT OATS: (011011051 111/fIN!!/1111(11111!1NIf1l/1H!/11fNNlN/1111111lIlItoMOof1ffNffII11flfffffINlfIJI/111/1/rlf#m 64#4090040 /rfIfsoW#if c- - - A C C 0 U N T 0 A T A - - Ell' TO AMT t i i ATTY SP, PEN FILE CIT. MY 4U06MT TOTAL IfMto 0 1$Itoif11IIHI0 !/11//INININ111lQl1lIIIHIINII!loffAtlm 14164 flfff1f0mmij,Aoff/Iff/0/Nq!/III(►NIfNN11/IRN/llfN WAS IY ENTITY CO "41.11 2017.13 1308.41 19.09 34.00 10102.92 ,7IS U48.11 2077.45 1309.41 39.04 30.00 30103.01 i • SURETY BOND 15 7 C t We know of no bond available to us t•- a the City that penalty assessed to defray the cost-.:! legal fees will be regaid by this firm in the event such fees are ruled invalid by either court or the legislature. We, of course, would take every legal action available to us to insure. that any fee or penalty assessed by the City is collected and upheld. We are not in a position to guarantee recovery of any penalty assessed, but ruled invalid by court or legislature. i DENTON OrPICE i Terry Lewis, Attorneys at Law, P.C. is located at 610 Dallas Drive. Denton, Texas. We have a Denton telephone, together with toll free numbers from several adjoining cities. We have no plans to locate our, office outside of the city of Denton in the near future, and if we were to move locations, we would certainly provide a toll free phone number, Our location in Denton, Texan is central to the service we provida our clients. and our easy access to the Denton County records and courthouse makes this service most convenient to us and to our clients. i COST OF SERVICES I t y n .t <3 k 1. J- 11 ' Y 9 Y ; .:'m EqT ir'Ip":. X^~ .7"!•' w.w, Terry Lewis. Attorneys at Law. P.C. will continue to offer our services to collect delinquent taxes for the city of Denton at the rate of 151. We further will continue to collect all court cost and fees generated by !ielinquent tax suits from the debtors. and take every legal action necessary to insure that the City of Denton will recover their delinquent taxes plus penalty and interest, m R`~R'~•~1`x x^,G i'~+':x>tiY~#R?' ~~h t,v T"`•.;x, ~.1 . T "aW` ro . p n. .s r _=~~v~r~-F. RESPONSE TO ITEMS 1 - 23 ON THE CITY OF DENTON'S REQUESTS FOR PROPOSAL :r • 1. Terry Lewis, Attorneys at Law, P.C. will receive the delinquent tax rolls from the City. key them into our system, flag them, index them, post all actions taken as they are taken, all of which will be instaAtly available to the City Tax office. 2. Terry Lewis, Attorneys at Law, P.C. will assume responsibility as attorney of record on all existing tax suits and interventions. Court cost and ftlinq fees are not chargable to the City and not payable in advance, and will be collected from the taxpayers and distributed to the proper authority upon recovery. 3. This office has the capability to research all city and county records, plus we have the additional capability to provide skip tracing for bad addresses. 4. Terry Lewis, Attorneys at law. P.C. has unexcelled reporting capability, which allows us to provide any reports required by the City. together with 24 hour accessoto our computer fiels through a computer terminal to be located in the City Tax Office, tt is the policy of this office to . provide our clients with all correspondence, citations, petitions. or any other documents which are generated in an effort to collect delinquent taxes. 5. Terry Lewis, Attorneys at Law, P.C. has the capability to generate lawsuits for delinquent taxpayers in accordance with any schedule established by the City of Denton, 7. This office will intervene in delinquent tax suits filed by other taxing authorities in Denton County and protect the Cty of Denton's interest in all property or monies recovered by reason of law suits by other taxing authorities, 8. This office provides the service of filing delinquent' tax claims in bankruptcy court. We will consult with the city attorney regarding the City of Denton's policy toward bankruptcy proceedings, 9. This office will file suit for collection of delinquent taxes. seek judicial foreclosure, and protect the City of Denton's interest, in property subject to tax liens in accordance with the policies and directions given us by the City. • 10. Terry Lewis, Attorneys at Law. P.C. will follow through on all suits through judgment. post judgment. foreclosure in accordance with the policies of the City of Denton, and will consult with the City regarding installment agreements under section 33.02 of the Property Tax Code. U. Part of the service provided by Terry Lewis, Attorneys at Law, Q.C. includes legal rese:,~rch and recommendations regarding the City Taxing authority's duties and responsibilities under the Property Tax Code regarding the collection of taxes. 12. It is our policy to follow the guidelines of our client regarding discretionary actions. 13. It is part of the service of this office to provide all the supplies and postage necessary to accomplish our collection efforts. 14. It is encumbant upon each attorney who files a delinquent tax suit to check the ownership records of all propety upon which a tax lien has accrued prior to filing the lawsuit. We recognize this duty and will continue to provila this service. 15. This office will collect each filing fee and all other cost pursuant to Rule 33, 48, and 43.07 Property Tax Code, and we will defend the City in any suits that may result from delinquent tax collection or participate in the defense of any such suit. This office pledges to follow the letter of the law in prosecuting delinquent tax actions and to protect the City in situations that may potentially incur liability. This firm carries professional liability insurance which protects our clients against errors or ommissions committed by this firm. 16. This office seeks to.provide a service that can be monitored daily by the City staff at their convenience. We are willing to consult with the City staff and endeavor to meet any reasonable projections. i 17. It is a policy of this office to recommend that all payment of taxes by taxppayers be made at the City Tax Office. We have developed a policy for payment of fees which is efficient for the City Tax Office and this office. We suggest that the City adopt the provisions available to them under 33.07 of the Property Tax Code in order to efficiently provida for the fees and cost of the service rendered by this office. 19. Terry Lewis, Attorneys at Law. P.C. includes nineteen employees. including two minorities five men and fourteen women. The responsibility as attorney of record for delinqquent tax matters for the City of Denton is vested on the licenned attorneys. Subcontracting parts of this contract to any subcontractors is not contemplated at this time. It is the policy of this firm to comply with all EEOC guidelines. 20. Any delinquent accounts for assessment liens. substandard housing demolition liens, or weed liens turned over to this office would be handled on a 1/3 contingency basis. All fees and court costs involved would be advanced initially by this law firm and billed to the City on a monthly basis, and paid back to the City our of first money collected. 21. It is a policy of this office to follow the guidelines and instructijsn of our client regarding the filing of taxsuits and other collection efforts. We provide this service for our clients, and certainly recognize ou clients prerogative in the handling of their legal affairs. We will initiate consultation with the City attorney or City of Denton Tax Department regarding any taxsuits or collection efforts, and follow the guidelines given us. 22. We will provide for copies of all appropriate items to' the City attorney at the termination of the contract, 23. Wo will evaluate and make recommendations to the Tax Department regarding tax warrants. We are able to perform the legal work necessary to achieve those remedies. We further will consult with the City concerning the logistic problems encountered in such procedures, together with the requirements of the law regarding tax sales and distribution of the proceeds. rjr •R C r hl'[9.i°,:. s<+ ~(1ky:; .,.`tr afir .4 di. #ep,.rs. V•f "RIM 4 d r°`. i f`" • c.u y'~ fy.f ,rk {R i f' iSKI 3,41 ' r Delinquent Ad Valorem Tax Collection Program Proposal to City of Denton Jane 27, 1986 McCreary, Veselka, Beck, and Allen, P.C. Attorneys at Law r MCCREARX. VESELKA, BECK do ALLEN, P.C. ATTORNKYS AT LAW P.O. BOX 20"a .4Y;1 TIN, TLXAX 74786'0690 JACK W41WARY "TS WAY C UMM •NXL4k1RM9J,V684U." 8926 WALCONSS 90kIV9 J. S+.LIOTT 60C4 own 200 MARYSY M. ALL IN AtJ9M TUXAS 7673 f 1207 P"4jP J. TYI.SR AN" CODS 812 ONANNY V. WOU" ~ t -0ese OtRARD M.16ALO MO of COtNMLL June 27, 1986 ROKRT M. MugY Mr. John P. McGrane Director of Finance City of Denton '215 E. McKinney Street Denton, Texas 76201 Dear Mr. McGranet Pursuant to the r,;quest for proposal by the City of Denton, McCreary, Veselka, Seek and Allen, P.C., Attorneys at Law, is pleased to subait this proposal for the collection of delinquent ad valorem taxes in behalf cif the City of Denton, We appreciate the opportunity to submit this proposal and we look forward to working with the City. We are prepared to begin work imediately upon receiving notification of acceptance. Sincerely, Shelburae J. Vese a, Partner McCreaty, Veselka, Beck & Allen, P.C, SJVssmo Enclosures orrice Or HERB BARNHART eTATe "a COU"ry .Q Or TPAU Oe}mm *DUN" r. o. 0" Iue DMON. sews 70201 June 26, 1986 Mr. John F. McGrane Finance Director Denton, Texas 76201 Dear Mr. McGrane: The taw firm of McCreary, Velselka, Beck b Allen are presently collecting the delinquent taxes for Denton County. The firm is doing an excellent ,fob, and are very professional in its approach to delinquent tax collection. • I personally and as Denton County Tax Assessor-Collector give the firm the highest recommendation. Sincerely, kerb Barnhart CC1Py r4 000418$10N~Ap 04TE REARY, VESELKA, 6ECK & ALLEN, P .C. ATTORNEYS At LAW P.O. sox ss10so AUSTIN, TEXAS 76760-0990 JACK MCCIIEARY GATE WAY CENTER SMCLSUW EJ.VESELKA ivr j ELUorreaCK 892f •ALCON90NE/ D Sw KARVEYw ALLEN May 9, 1985 AUSTIN. TEXAS 70730 42o INKJrJ. Man AREA CODE $IS GILS[Rt T DRAGG 451 NiE or coumock r . RoscsT M. Kucr t f s-I r ..r Denton County Commissioners Court tr1=r ,•d Att: Honorable Buddy Cole 402 West Hickory Street Denton, Texas 76201 Dear Judge Cole and Commissioners: The contract between Denton County and McCreary, Veselka, Beck and Allen was signed on March 4, 1985. The next morning, a copy of your delinquent tax file was requested from Western Data, Office procedures were established and potential employees interviewed that week. The tape was received from Western Data the week of March 11, reformatted by our office and a hard copy was delivered to our new employee in Denton'County orr March 18, 1985, when she began her employment. Since thae time, her main task has been posting to our file copy the cause numbers for each delinquent tax suit filed since 1980 in the District Court of Denton County. She has now posted approximately 1500 suits to ,our records, of which 600 do not have any current County taxes due. Several dismissals have also been requested on tax cases filed by your previous attorneys. These dismissals have been processed and sent to the District Clerk's office within a day, On May 2, 1985, two representatives our our firm discussed the collection of court cost in delinquent tax suits with personnel in the tax office, the District Clerk's office and the County Auditor's office. It was determined that the record of cost is maintained by cause number in the Clerk's office. Any person desiring to know the amount of cost, in a given case may request the amount by furnishing the District Clerk s office with a cause number. In cases involving hundreds of properties, once the court costs have been paid by one individual, the cost will be considered paid for the entire case. The court cost may be paid by the taxpayer with a separate check payable to the District Clerk. The tax office would show the amount of court cost received on the tax receipt, then would remit that check directly to the District Clerk noting the cause number on the check. The court cost would not be rc,uted through any internal nx account. The District Clerk would then clear the records of court cost and remit the funds to the County Auditor. i Denton County Commissioners Court May 9 1985 Page I On May 10, 1985, notices of 1984 delinquent taxes will be sent to such outstanding account. This notice will comply with Section 33.07 of the State Property Tax Code which allows an additional 15% penalty to be collected after July lst. A representative of this office will be in Denton County that week to assist the Denton County personnel and our employee with questions the general public may have concerning this notics. Should you have any questions regarding this report, please advise. Sincerely yours, EJAA Laird J Marl and Tax Specialist cc: Mr. Herb Barnhart, Denton County, Tax Assessor-Collector, P. 0. Box 1249, Denton, Texas 76201 Mr: Don Hill, Denton County Auditor, 401 West Hickory Street, Denton, Texas 76201 • t• COW/TY COURT OM OrNTON C"NTY 4"0 JOS Ml A. CAMM I COU41T* OW4Wfto 401 W. NICKORV . D"YON, "N" 7440. 14171 N"N4 • MCTRO 44W I74i June 261 1986 Mr. John F. McGrane Finance Director City of Denton 215 L. McKinney Street Denton/ Texas 76201 Dear Mr. McGrane: Denton County contracted ulth the firm of McCreary, veselka, Beck and Allen, P.C. in March of 1985 for the collection of Delinquent Taxes. We are extremely pleased with this firms work. They keep us regularly informed of all their activities regarding letters, ruits, etc. cm delinquent accounts. We highly recommend this firm to you. You truly, COL County Judge BC:ja M MCCREARY, V969LKA, BECK d: ALLEN, P.C. ATTORNCYa AT LAW P.O. max 30"0 AusYfN, T[kAS 7e756•0900 JACK NacagASY "T[ NAY Cswrtm 8H96V WC J. VieKLKA seas sALC N" 00" J. e1LXM 094N 94NM am KA*VCV M. ALLAN January 31, 1986 ^US? k, ?ZX" ss» t rsov PNNJPJTYLtR ANZACOOM012 GUJR1 1T T.M1AOe AS 1.0666 OaAARO M PALOMO OF COQ POU Mwe" M. Huey Honorable Buddy Cole County Judge . Denton County Courthouse 401 West Hickory Street Denton, Tex" 76201 Dear Judge Cole: We wish to provide you with a copy of the Statistical Progress Report pertaining to the work accomplished during our present Delinquent Tax Contract with the County of Denton. The purpose of this report is to enhance communications with our clients. We invite your questions and comments to we can better serve you and the County of Denton, We continue to develop new collection techniques and programming to improve the production of letters, suits, judgements and tax sales. While continuing to provide legal opinions on ad valorem tax matters, we can produce computerized delinquent tax records to our clients who desire this record. Both of these services are at no additional cost, We feel that McCreary, Veselka, Beck b Allen provide the best and most modern legal and administrative assistance available. The Statistical Progress Report has also been forwarded to Mr. Herb Barnhart with the request that he coordinate with you the presentation to the ,ommissioners Court at their next meeting. Thank you for the privilege of allowing the Firm to represent the County of Denton. Sincerely, Shelburne J. Va ka SJV:LJM:tth Enclosures Statistical Progress Report January 31, 1986 We wish to present the Firm's accomplishmeata in the delinquent tax collection program with the County of Denton during the last year. The program has included an effort tc- send a notice to each delinquent Account in an attempt to obtain voluntary payment of taxes due. The.Firm has also filed suits to further the collection efforts. Letters Experience has proven that prior to our institution of legal proceedings a series of letters to taxpayers and lienbolders induces substantial payments. A< Yearly Letters • Notices on the most recent year delinquent accounts, includes property description and amount dun. Numbers 11,741 8. Detail Letters - Notices on all years of delinquency including property cascription and amount due: Numbers 11,840 C. Demand Letters - Notices to the delinquent account informing of suit action if taxes not paid. Number: 51 Amount: $270,959.06 D. Lienholder Letters - Notices to financial institutions and individuals which the Pirm has determined, as a result of title research, to have liens on delinquent properties. Numbers 4 Amounts 41,740.51 L. Suit Letters - Notices to the Defendant informing of further action, including judgment, if taxes are not paid. Number: 24 Amounts $5,419.75 s ~ •i ids,: ~i :a ~?r:°r _ ' ,.r. i4 t F. New Owner Letters - Notices to own*&j who have recently purchased their property, advising that delinquent taxes are due. Numbers 5 Amounts $757.10 A total number of 23,665 letters were mailed in an effort to collect your delinquent taxes. Suits Suit aro filed when delinquent taxpayers do not respond to letters mailed by the Firm, A. Individual suits - Actions filed against an individual and all of his property. (1) District Court Suits Numbers 16 Amounts $420044.80 (2) )istriet Court luterventions Numbers 54 Amount: $16,671.17 (3) An additional 3 suits totalling .$10 ,109. 00 will be filed within the next 10 days TOTAL SUITS: 73 AMOUNTS $680824.97 Old Suits When the Firm began representing the County of Denton, one of the requirements was to clear the backlog of tax cases currently pending in the District Courts which had been filed by your previous attorneys. Each case has been individually extai.ned to determine its current status. When the taxes remain due, the cause number has been posted to our computer files. This information is now being transferred to Denton County's tax files. This will enable the tax office personnel to redily determine if a suit has been filed when a property owner pays his taxes. The Firs is also persuing the older, suits through the judicial process. The cases will be amended, service reissued when necessary, and be set trial, if payment is not made to the tax office. Local Office The Firm has astablishad an office within the Denton County Tax Office. Our employee is available during regular business hours to assist the general public and the Denton County tax office personnel. The Firs also has had representatives from the Austin office in Denton County a minimum of twice a quarter. Collections The Firm's records indicate the collection of $677,800.00 in delinquent taxes, penalties and interest for the period of this report. Conclusion A progressive delinquent tax program is very important in maintaining a high collection percentage. McCrearq, Veselka, Beck i Allen will continue to respond to you with state of the art collection techniques, computer support and legal assistance. The Firm considers it a privilege to represent the County of Denton and seeks to assist you in all ad valorem tax matters. Respectfully submitted, S burn J. Ve el for the Firm g5 MCCREARY, VESELKAI BECK ALLEN, RC, ATTORNCYS AT LAW P.O. sox 261166 . AUSTI%. TLXAt 787SR•0990 JACK MCCRLARY GArt wArCtNT.'7 ss» sALtohtscMl SHCUY04J. VsSSLKA SUITt 20:+ J.CLL16"wcx AUSTIN. T9 XAS707314307 MAXVRY M ALL[M AR[A COOL 512 PHILP A TYL IM 451 9"0 01 'Cow NIi ROSiRT M. HY[V December 2# 1985 Denton County Commissioners'Court Att: The Honorable Buddy Cole County Judge 401 West Hickory Street Denton, Texas 76201 Re: Denton county delinquent tax report for November, 1985 Dear Judge Cole and Commissioners: This past month, we have mailed 23 demand letters totaling $50,056.25. We have also mailed 5 letters to new owners of property which were discovered while checking title_to the property. These letters totalled $757.10. In addition, we have prepared 12 suits to be filed in the District Court, totaling $33,420.8. The suits will be checked for payment and filed within the next 10 days. We have now completed the posting of all the delinquent tax suits filed in Denton County. This information will then be sent to the Denton County tax office via computer tape. We are also preparing, with the consent of Mr. Barnhart, another mass mailing in January or early February on each delinquent account. If you have any questions regarding this report, please advise. Sincerel yours, , ` f. ack H. McC eary JHM:LJM:smo cc: Mr. Herb Barnhart, ton County Tax Ass sor-Collector, P. 0. Box 1249, Denton, Texas 76201 Mr. Don Hill, Denton County Auditor, 401 West Hickory Street, Denton, Texas 76201 MCCREAAY, VESELKAo BECK &ALLENo P, C. At'►ORNgYS AT LAW r.o. &a% 44s99 AUSTIN. TCXA9 70755,0000 JACK MCCRtART C&NUR O"CLO ""EJ VtiEL" GATE CONY OVC J. CLLWTTttCK **SO iAICONtO DI DRaw WARM M. AUAN iIJtT[ 20 NNLWJ.TVUU% AL/iTiN TdIAi7i7]14507 AR[A CODE 9 12 OIUMM T. ORAOp 401 9464 O/COYNS[L R009RT M. NL►tr AusU$t 12, 1985 COPY TO COMMOISSI AS DATE Denton Counttyy siacers Court Att: Honarab Cole 401 West Hicko S rest Denton, Texas 01 Re: Denton County Delinquent Tax Report for Jlsly, 1985 Dear Judge Cole and Commissioners: We have mailed today your five year notice as required by Section 33.04 of the State Property Tax Code. This mailing consisted of 11,840 letters for a total of $926,545.71. A representative of this office will be in the Denton County Tax Office for the week of t 12 and also the wreak of August 19 to assist your personnel innha~ndling the large influx of delinquent taxpayers. . We have also filed 24 interventions for Denton County where they were named as an .Yampleaded Parry Defendant to the cases. The total amount involved in this litigation was $5,434.14. Should you have any questions regarding this report, please advise. Sincerer our, V Mc /r . JtM : Lei: =0 cc: Mr. Herb Barnhart, Dlanton County Tax Assessor-Collector, P. 0. Box 1249, Denton, Texas 76201 Mr. Don Hill, Denton County Auditor, 401 {Jest Hickory Street, Denton, Texas 76201 MCCREARY, VESELKA. BECK & ALLEN, P .C. ATTORNEYS AT LAW P.O. SOX *$NO AUSTIN, TEXAS 747ES•0990 JACK MCCREARY I GATE WAY CENTER ELA,O 99CKE99LKA 0920 SALCONES LPN WE NARVEY M. ALLEN 1 SUIT[ 100 PNILW J, TYLER AUSTIN. TEXAS 70731 AM" GUAM T, an^" ~ June 10, 1985 AREA `ODE *12 OFCOUNSE4 RQaCRT M.NUEY -IS COPY TO Denton County Commissioners Court DA TC 3- Att: Honorable Buddy Cole ~'f~" County Judge 401 West Hickory Street Denton, Texas 76201 Re: Denton County Delinquent Tax Report for May, 1985 Dear Judge Cole and Commissioners: In Ma we mailed out our first letters for Denton County. On May 9 1985, I{.,741 letters were mailed on the 1984 taxes in the Lount of $472,519.69 including taxes penalty and interest. We have also begun our suit program for Denton County, In the last month, we filed five personal service suits totaling $920.49 in taxes, penalty and interest due Denton County. -These suits were filed on behalf of Denton County and other clients we represent in the immediate area. In addition, we are filing 14 interventions in personal service suits filed by attorneys representing other taxing jurisdictions in the County. We are continuing on our suit identification program where each suit filed on a particular piece of property will appear on the county's delinquent tax roll. This effort is projected for completion by the end of June. We anticipate mailing out in early July, tax notices showing all years due along with the property description on each delinquent account in Denton County. Should you have any questions regarding this report, please advise. Sincerely yours, act McCrea y JM:LJM:smo e~ / cc: Mr. Herb Barnhart, Denton County, Tax Assessor-Coll c r, P. 0. Box 1249, Denton, Texas 76201 Mr. Don Hill, Denton County Auditor, 401 West Hickory Street, ;Denton, Texat' 76201 5 PROPOSAL TO THE CITY OF DENTON BY KeOLEARY, VESELXA, BECK AND ALLEN, P.C. CITY OF DENTON CRITERIA FOR SELECTING FIRM 1. An established law fin whose principal business is the collection of delinquent taxes. Page 1 2. Finn must have an established history of expertise in delinquent tax collection field and provide a complete list of past and current Texas clients. Pages 34 - 38 3. Law firm has to show capability to staff an operations sufficient to process up to 25,000 delinquent accounts annvally. Page 4 4. Firm will provide a bond, or other assurance, satisfactory to the City that the additional penalty assessed to defray the cost of legal fees on accounts prior to the 1985 tax year will be repaid by the firm in the event such fees are ruled invalid. Pages 25; 40 5. Firm will have or will establish a Denton office by date delinquent accounts are turned over and provide a 1-800 number or other toll free phone service to mail office if necessary. Pages 1; 22 - 23 6. The cost of the firm's services will be considered, but will not be the sole criterion for selection. Pages 1; 25 THE LAW FMM WILL 1. Receive the delinquent tax rolls. Pages 4; 14 2. Substitue as attorney of record on all existing suits and intervention; pay all court costs and filing fees. Page 13 3. Provide all research and paperwork necessary to provide taxpayers and Tax Collector with correct or corrected information to update the City files including forwarding addresses as located. Pages 6t, 9 4. Submit monthly reports of suits filed on accounts and duplicate letters sent to taxpayers. Pages 17; 23; Exhibit A 5. File suits on delinquent taxpayers that do not respond in accordance with a schedule to be established by the City of Denton. Page 7 6. Intervene in delinquent tax suits filed by Denton County and Denton Independent School District, if applicable, pursuant to Sec. 33.44, Property Tax Code. Page 9 7. Consult with the City of Denton's attorneys in the filing of delinquent tax claims in bankruptcy proceedings. Page 13 ..gA i T R.,; •iS. r_ - -off r f i .tx .l 8. Pile suits for collection of delinquent taxes pursuant to Sect. 33.41 and 33.42, Propetty Tax Code, or file on judicial foreclosures. Pages 7 - 9 9. Follow through on all suits and provide reports to the City of Denton. a. Provide recommendations that an installment agreement be entetied into between City and taxpayer, for qualified individuals pur- suant to Sec. 33.02, Property Tax Code. Pages 10; 11; 23 10. Provide legal support and research as needed. a. Provide recommendations t^ tot pursue a case if a case is weak or the likelihood of collecting is low or unlikely. 11. Only collect those groups or individual accounts which the City of Denton determines in its didcrntion are to be collected by firm. Page 7 12. Provide all supplies and postage necessary to handle billing. Page 25 13. Obtain the ownership records of all property on which a suit is filed at firm's expense. Pages 8; 40 14. Ptovide total and complete delinquent tax collection including court filing fees and all other costa, pursuant to Secs. 33.48 and 33.07, Property Tax Code, and indemnify and hold the City harmless in any suits or liability that may result from the delinquent tax collection. Puas 25; 40 15. Propose a method of assuring, that the amount of delinquent taxes collected by the tAw Firm will be at least equivalent to the amount projected to be collected by In-house staff during the 1986-87 fiscal ;v,oar. 16. Propose a method of payment. Page 25 17. 3e entitled to fees on amounts actually collected while contract is in effect pursuant to Sec. 33.07 of Property Tax Code. Page 25 18. Prvide informa+tin concerning minority involvement. Indicate the ethnic make-up, sad the sex of your staff, presently and projected, if not presently gully staffed. Also indicate if you would consider sub-contractiag parts of this contract to minority contractors and if so, please describe. Also indicate your compliance with EEOC guidelines. Page 39 19. Propose a strategy for collecting delinquent accounts for paying assessment liens, substandard housing demolition liens, and weed liens. Page 8 'f Fn r. • ear . t..e 20. Coordinate the film of all tax suits with the City Attorney and all tax collection efforts with the City of Denton Tax Department. Page 7 21. Provide for copies of all tax files to be turned over to the city Attorney when the contract is terminated. Page 39 22. Hake racommendationa to Tax Department on accounts to be collected (i.e., mobile hones, aircraft and business personal property) by summary seizure (Tax Warrants) and perform all legal work necessary to reduce those accounts to payment of taxes pursuant to Secs. 33.210 33.22 and 33.23, Property Tax Code. Page 12 TABLE OF CONTENTS Section Page Y - EXECUTIVE SUMMARY 1 II - COLLECTION PROCEDURES 4 A. Taxpayer Notification 4 B. Address and Title Research 6 C. Litigation 7 III - COMPREHENSIVE DATA PROCESSING SUPPORT 15 IV - DATA PROCESSING RESOURCES 18 V - PROJECT STAFFING 22 VI - COMMUNICATIONS AND REPORTING CAPABILITIES 23 VII - COST SUMMARY 25 IIIII - FIRM QUALIFICATIONS AND REFERENCES 26 IX - RELATED SUES . . . . . . . . . . . . . . . . . . . . 39 X - BIOGRAPHICAL INFORMATION 41 XI - EXHIB ITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 A. Statistical Progress Report B. Summary Report C. Year Totals Report with Holds, Suits and Judgments D. Multiple Juri9diction Delinquent Detail List E. Sample Letters F. Petition G. Citation H. Graphs 1. Suit Tracking J. Vacant and Abandoned Property Petition K. Sales of Vacant and Abandoned Property L. Judgment M. Articles on Seizure and Sale i { i I - EXB=IVE SUMMARY The City of Denton has requested proposals from attorneys with experience in the collection of delinquent property taxes. The success of the City of Denton in developing and maintaining a successful delinquent tax program is predicated on the selection of a firm . which has an in-depth knowledge of property taxation, understands the application of law as related to property taxation, and has the +ga-.pertiss to implement a professional del'.cquent tax program. McCreary, Veselka, 3eck and Allen, P.C., Attorneys at Law, are experts in the area of delinquent tax collection and have 26 years of experience in working with cities, appraisal districts, school districts and counties. We are aware of the professional and responsible approach that is necessary to establish and maintain such a program. We believe that our years of experience in delinquent tax collections enables us to provide a program which will insure the efficient and cost effective collection of the City's delinquent taxes. McCreary, Veselka, Beck 6 Allen proposes a fee of 13 percent based on the collection of tared, penalties, and interest. The Firs currently represents Denton County, Argyle Independent School District, City of Aubrey, Aubrey Independent School District, City of Ponder, Ponder Independent School District, City of Sanger, Sanger Independent School District and Pilot Point Independent School District. Accordingly, the Firm has a fully trained pare-legal in Denton administering our delinquent tax collection program. We propose to employ an additional parry-legal to assist in the collection program for the City of Denton. -h n The overall objectives of McCreary, Veselka, Beck & Allen, P.C. are as follows: (1) Resolve the current backlog of delinquent accounts (2) Utilize the most cost-effective means for the City of Menton to collect linauent taxes in a timely and efficient manner (3) Provide the most advanced data rocessi • stem to implement an a ei:tive delinquent tax program (4) Recommend methods to improve the City of Denton's delinquent collection process (5) Provide the statistical reports to the Citf summarizing end results ac iev These objectives can be accomplished through the initiation of our delinquent tax program. Development of such a program involves four major compondates (1) Comprehensive to Process; 9u rt Provide at processing programs and techniques to achieve greater efficiency and effectiveness in delinquent tax collections (2) Notification-of Taxpayer Notifying taxpayers of their delinquent taxes by letter stating the property description, year and amount due (3) Address and Title Research Research names, a dretises, and the title of property to resolve unknowa accounts (4) Litigation Filing and administering lawsuits in Court to judgment and sale; and er4plete legal support regarding all delinquent tax matt.rs r2Y 7`77 7,777"" The results of our program will bc: * Frequent and accurate t er notification that ghhaaisss immediate rem onse While reco iz special cases such as_payout arrangements, hardship cases an over 55 tax a eras * Accurate owaershi and address research on all accounts resulting in the enhancement o overall collections * Exhaustive use of all le al remadies available under the Property Tax C Ue to collect elinquent taxes * A_ comprehensive public relations effort to educate the citizens that Denton is equitably collecting its taxes and that they must be paid. * A cost effective program: for the City resulting in the maximum amount of delinquent tax collections * Comprehensive statistical reports to the City detailiad work performed and the results achieve Our professional expertise in delinquent tax collections and our understanding of the City's objectives, as described in this proposal clearly . demonstrate why McCreary, Veselka, Beck and Allen, P,C, should be the choice of Denton to collect its delinquent taxes. II - COLUCTION PROCP.i ORW A. TAXPAYER NOTIFICATION objective To obtain voluntary payment of taxes in a fair but fire manner by a series of letters that give the taxpayer and lienholder an opportunity to pay delinquent taxes before legal proceedings are taken to enforce collections. Procedures McCreary, Vesolks, Beek & Allen, P.C. will obtain tapes of the City's delinquent tax file. The data will be reformatted into our file structure and we will sail letters to delinquent taxpayers. We have the capability to produce 100,000 letters per meek; however, consideration will be given to the number of letters that can be efficiently handled by the City's tax col3.ection staff. The first letter will inform the taxpayer of delinquent taxes shown to be due on the tax records by giving the account number, property description, pears due, and the total amount due for a specific south. (Exhibit E-i) When the taxes for each subsequent year booms delinquent, a similar notice is mailed to each delinquent taxpayer. There are six possible results of the first mailings (1) Payment of all tares due (2) Mail returned due to incorrect address (3) Identify Hardships and Over-65 Exgg tions (4) Payout arrangements (5) No response by the taxpayer (6) Resolve existing errors on the taxroll -4- As notices are returned due to incorrect wddresses they will be posted to our files enabling us to follow through on finding new addresses or owners of the property. M new information on a returned item is obtainsd, a letter is mailed to the new address or owner. At the same time we will work of the delinquent accounts on which no response was received. The delinquent taxpayers not responding to the first notice are wiled the next series of lettere. Again, the same information is encumpsssed in the letter but the wording of the letter is more'emphatic regarding the filing of a suit if r-%OL paid by a specific date. We refer to this notice as a "demand letter". (Exhibit E-ii) Delinquent accounts on which w response has been received are "lacted and title research is initiated to determine all persona and entities which may have an interest in the property and to verify the legal description. Letters will be mailed to all parties not previously notified before suit is filed. We will have fully trained personnel in Denton to handle follow-up calls S and Inquiries. All costs incurred in regard to taxpayer notification, including data processing, will be paid by McCreary, Veselka, Seek 6 Allen. D. ADDRESS AND TITLE RESEARCH objective our objective is to research names, addresses, and the title of real property to resolve the delinquent accounts with unknown addresses or questionable ownership and those accounts on which our letters are returned due to incorrect addresses. Procedure A successful delinquent tax collection program requires an exhaustive address research effort. Many delinquent accounts can be collected if proper attention is given to finding the correct address of a property owner. Delinquent accounts with unknown or incorrect addresses will be researched by our staff through phone books, the city directory. the city utility records, . voter registration records, aria-cross directory and the Secretary of State files in an attempt to locate mimes and addresses. On-site investigation will be used to determine addresseu for the accounts in which the above referenced sourcea prove unproductive. Real property accounts with unknown owners and no addresses will be researched through title companies and the County Clark's records for persons -who say have a legal interest. Numerous questions will be resolved from the information obtained from the examination of deeds, deeds of trust, mechanics liens, probate records, financing statements and assumed name files. On-site investigation and inquiry of the owners of neighboring property to ascertain the whereabouts of the record owners will be made by Fire personnel. The Firm has the autowatt' capability to assist in address research. Nome and addresses on accounts flagged for raturn mail are compared to more recent data files and the accounts are updated whe:1 different information is on the record. Alpha-cross indexes of data files are produced to identify discrepancies between addresses given an owner of multiple properties. t r C. LITIGATION Ob ectivs Our objective is to pursue to the fullest extent of the law all reasonable efforts to collect delinquent taxes due the City of Dentou. It will be necessary to file suit on those delinquent taxpayers who d,;, not respond to our letters. Procedure McCreary, Veselks, Beek and Allen will work under the direction of the City Staff who will approve our ac'eirities and the accounts -a which lawsuits will be filed, We will keep the Tax Assessor-Collector, Citv Council, and any other designated parsons informed of our aativities through regular reports. Account Screening and Address Verification The addresses of the defendants t~:e screened before lawsuits are prepared to insure successful service of citation once suit io Glad, thereby enhancing the amount of delinquent collections. Preliminary screening of delinquent accounts b" occurred during our taxpayer notification process during which address research was conducted, hardships, and over-63 age exemptions were identified. Once the deadline date on demand letters for business personal property has passed, tax suits will be filed. These suits will also list on the petition all tax years duo for all properties, including real property owned by the taxpayer. The credibility of the delinquent tax progcas is dependant on Denton not filing suit on items which fall into one or sore of the following categoriess (1) Payout arrangements (2) Severe economic or medical hardships (3) Bankruptcies (4) Over 65 age axemptions (S) Other extenuating circumstances C,. 4Re' a-<:?esaF~riy;=xk, nr` ;?r, .,;..v Each of these variables will be posted to our delinquent tax files and the data will be reviewed with the appropriate city staff prior to the filing of suit. Final Checkout Before Filing Prior to filing, all tax suits are individually proc:sd and a final payment check made. "he suits are hand delivered to the District Clark by our staff in Denton. Mal Property Suits All suits involving real property are filed in district courts which have original jurisdiction in cases involving tar liens. (Exhibit F) Delinquent accounts are selected for suit on the Fasis of years and amount due. Our policy is to compile the total tax bill for all properties owned by a given taxpayer in one lawsuit. This policy avoids filing mult'ple suits against a singl• individual. After all the taxpayer's accounts have been identified, the title of the real property is researched through a title company or the county clerk's records to determine the current record owner and all lienhold,rs. .h confusion and embarrassment results when suits are filed directly from the tax roll with no regard given to title; therefore, it is important, that the City seltact a firm that carefully researches the real property titles before filing suit. it is parti.culaily important to McCreary, Vaselka, Back and Allen that we research title and notify all lienholders on the property prior to filing suit. (Exhibit E-viii) Title research is conducted at no charge to the City or the taxpayer. Uhan filing delinquent tax suits on real property, the Firs will assert claims for any liens that are recorded on '*half of the City of Denton. Through our word processing system, the Firm will produce all petitions, citations, judgments, and abstracts of judgments necessary to prose-,cute tax suits through the Court system. (Sea Exhibits F, G, J and L, Perwonal Property Suits Verification and identification of ownership of property is just as essential when personal property to involved. Corporate agents or ownership are obtained as well as assumed name registration. Personal property accounts are handled au quickly as possible to prevent the removal of the property from the City and to prevent the loss of tax liability by virtue of the statute of limitations. The Firs will file suit on most business personal property accountn after only one year delinquency. In addition to normal litigation, cases will arise which will necessitate use of summary seisure and sale of property by utilising tax warrants. Intervention The Firm will intervene on behalf of the City of Denton in all suits for ad valorem taxes filod by any other taxing unit on property located within its corporate limits. Service and Payment Check Service of citation is examined within the first ninety days (return date) after issuance. Vhere the return indicates the process server was unable to locate the defendant, citation is reissued if the address In determined to be valid. Further address research including phone calls or on-site inspection of the premises are made whore necesu ry. If the return indicates the defendant is leceased, the Firm attempts to determine heirs. The same address research techniques are used to locate the heirs. One( located, they are sailed a letter informing them of the delinquency and requesting payment. If payment is not made, the suit is amended naml.ng the hairs as defendants and citations issued. Where service of citation is successful, we request the Court to set the case for trial on the merits if payment is not made. When a trial date is obtained the defendant is notified of the date and time the City will seek judgment to foreclose its tax lien. (Ethibit 8-iv) t + McCreary, Veselka, Seek & Allen prosecutes all contested tax suits, jury © and non-jury, to the fullest extent of the law. This includes any appeals to the Court of Civil Apper,ls, the Texas Supreme Court, and beyond. Suit Tracking System (Exhibit I) The process of keeping numerous lawsuits flowing through the court system will require a computerized suit tracking system. McCreary, Veselka, Beck and Allen maintains a current automated suit tracking system providing the following information: *Cause Number *Styla of Case *Filing Date *Defendants' Names *Lienholders and other parties' names *Property Description *Service of citation and date *Court cost payments *status *Judgment date *Abotract of Judgment *Tax Sale *Payout *Special case status: Hardship, over-65 homestead,, etc. *Answers by opposing attorneys *Impleaded tax jurisdictions *Motions filed by any party to the suit Both attorney and clerical personnel input the suit tracking data. The data is monitored daily for accuracy. -14- '.nstallwent Pan!nt Agreements We will cooperate in executing any payout arrangement or policy adopted by the City of Denton; however, the Firm offers the following recommendations that it feels should :orm the basis for the City of Denton's arrangementss 1. Pre-Judgorsnt Payouts These payout arrangements precede the filing of a tax suit or judgment where a suit has been filed. These payouts typically do not exceed six (6) months in duration. Financial considerations or the amount and number of years due may warrant longer payouts. The City should collect at least one full year's taxes when receiving a payment. Whares a Laxpayer cannot make a full year's payment, the taxpayer may be allowed to pay in alternate rather than consecutive months. Those persons unable to comply with this arrangement may be given economic or medical hardship status and be granted an open ended payout of indefinite duration. The objective of the indefinite'duration payout is for the City to receive what payments it can, given the circumstances, whiles at the same time not committing itself to a payout of greater than a one year duration. 2. Past-Judgment Payouts If a taxpayer against wham a suit has been filed seeks a payout longer than six months, judgment is first obtained against the taxpayer. Once judgment has been granted, the payout may procoed at a slower pace provided circumstances warrant such extension. The advantage of post-judgment payouts is to bring the lawsuit to a rapid conclusion while at the same time granting a time extension to the taxpayer willing to pay. This procedure to especially useful in resolving contested cases. In such cases, an Agreed Judgment with defendant's lawyer is entered by the Court and contains detailed procedures of the payout arrangement. The offer of a post-judgment payout will be a valuable inducemut to defendant and defendant's lawyer to enter into an Agreed Judgment with City of Denton. This procedure should be popular with the judges in that it further serves to clear the docket of contested cases where there is no actual dispute as to law or facts. -11- Tax Sales Judgments are followed up with Abstracts of JMSuents and tax sales. Tax sales are an effective method of creating public awareness of the Tax Office's tax law enforcement. (Exhibit L-v, L-vi) The Firm, as part of the tax program, actively pursues the sale of vacant and abandoned property, The Firm has sold 787 parcels totaling approximately *398,644.00 during the last 18 months. These sales involved 32 suits in 28 separate, jurisdir,ttons. (Exhibit K) Several vacant, abandoned, and "assessed unknown" properties are placed one tax suit, (Exhibit J) along with rental and other non-homestead properties. After title run sheets are obtained, extensive research is done, particularly as to heirships, probated wills, etc;. Numerous defendants may be listed in one suit. Citation by Publication is uecessary as to deceased, out-of state, and unknown defendants. A local attorney is appointed attorney-ad-11tem to represent all persons cited by publication. District Court judgment is taken and the Order and Notice of Sale are published. The properties are then sold at a public auction to the highest bidder and Sheriff's deeds are issued. This procedure will create a substantial incentive for other delinquent taxpayers to settle their accounts with the City of Denton. More importantly, tax sales have placed those properties, which once represented lost revenue to Denton, back on a current income producing, tax paying status. Tax Warrants, Summary Seizure and Sale An effective way to resolve uncollected personal property accounts is.by adopting a tax warrant program. The Firs recommends that the City of Denton adopt a policy of carefully selecting certain business personal property accounts for suwwry seizure and sale. Articles 33.216ff, Texas Property Tax Code, detail the procedure for obtaining and perfecting tax warrants. After careful investigation of business personal property accounts considered ready for summary seizure, a tax warrant is obtained in district court directing a peace officer, usually a sheriff or constable, to seize as much of the delinquent taxpayer's personal property as may be reasonably necessary for the payment of all taxes, pam lties, and interest due the tax jurisdiction, -12. Very successful tax warrant procedures have been conducted by the Firs in the City of Houston where summary seizures ranged from the corporate headquarters of a steel company to a major electronic appliance distributor. The business personal property of Griggs International in Lelton was seised by the Firm in May 1986 resulting in the collection of over $65,000 in tax for the Tax Appraisal District of Bell County. (Exhibit N) Tax warrant procedures will be instituted only after discussion with and approval of the appropriate City officials. Any property seized and removed from the premises of the taxpayer will remain in the control of the Fire. We will recover from the taxpayer the expense for storage of the seized property in a bonded warehouse and any additional liability insurance premiums as costs of the sale as provided by Section 33.23(x) of the Property Tax Code. Bankruptcy Claims The Firm will file bankruptcy claims, answer correspondence, maintain the file of claims, consult and represent the City of Denton in all bankruptcy • proceedings involving property taxes. The Firm has personnel, who are trained in bankruptcy law and procedures, devoted exclusively to bankruptcy matters. Other Litigation, Other Legal Work McCreary, Veselka, Beck & Allen will provide the City at no additional charge, legal counsel at City of Denton Council meetings, legal opinions, briefs, and consultation on property tax matters as part of our comprehensive tax collection program. Disposition of Existing Litigation McCreary, Veselka, Beck and Allen will assume the responsibility for all delinquent tax litigation instituted previously by the City of Denton. The Firm will assume control of the lity's suit records and asend or file motions to substitute counsel in all the pending cases. -13- i Initial Sequence of Collection Procedures *Award of contract *Receipt of delinquent tax file on computer tape *Reformat of delinquent tax file *Maintenance and update of reformed delinquent tax file *First mass mailing of letters *Address research *Title research *Follow-up letters to include lienholders *Mailing of demand letters *Filing first group of suits *The continuing tax program will include mass mailing, address research, title research follow-up letters, filing of suits, securing judgments, and selling propertys . -14- III - COMPREHENSIVE DATA PROCESSING SUPPORT McCreary, Veselka, Beck & Allen, has customed designed and developed the soot sophisticated software for delinquent tax collections. Over the past six years, the Firm has employed computer systems analysts with expertise in ad valorem taxation to produce this highly specialised software which has extensive integrated word and data processing capabilities. A product of such high quality has been attained that the Firm's software was selected, licensed, and is being used by the City Attorney's Office of the City of Houston, We have successfully processed data of thirty-five other automated systems statewide using six different makes of computers. Our system is fully compatible with the City's IBM system. The capabilities of our data processing system are as follows: I. Automated Collection System *Prints and processes over 100,000 letters a week on quality continuous letterhead *Data record structured for variable access and output by name, legal description or year Level. File structure accommodates 40 sub-jurisdictions *Automated system follow-up *Calculates standard penalty and interest, special penalty and attorney fees automatically *Sorts letters in nine digit tip code order separating single and multi-documents for postage savings *Accumulates and lots statistics of all type of letters *Individual statements of delinquent accounts *Delinquent listing by alpha, geographic account number, etc. -15- *Computer generated delinquent tax receipts *Cross index files II. Automated Suit Docu•►ent System *Computer generated petitions and citations for personal service and vacant and abandoned property suits *Separate schedules of taxes for each jurisdiction calculated to include attorney fats *Computer generated judgments and releases *Computer generated dismissals *Computer generated statistics *Computer generated letters before and after suit is filed, judgment taken and property sold to satisfy lien III.Automated Suit Tracking Systes *Cause Number *Style of Case *Filing Date *Defendants' Names *Lienholders' and other parties' names *Property Description *Service of citation and date *Court cost payments *Status *Judgement date *Abstract of Judgement *Tax Sale *Payout *Special case status: Hardship, over-55, homestead, etc. *Answers by opposing attorneys *Impleaded tax jurisdictions *Motion@ filed by any party to the suit IV. File, Access *Secured access to Tax Data and Suit Files *Update by CELT and computer tape -ld- !.1 *Selection of Data by Record Indicators Property under suit and judgement Returns Paids Cancels Holds - Including Payouts, Hardships, Exemptions, and Bankruptcies *Specified years, amounts, property types V. Reports *Complete Statistics Number and type of letter Number and amount of suits filed Number and amount of judgments Number of dismissals Collections received Items paid and cancelled Various percentages of totals *Total items and amount of delinquency by year *Detail delinquent listing of all accounts *Ability to develop reports by selecting certain records by record design VI. Color Graphic Illustrations of Statistics *Illustrations and Comparison of Collection Statistics *Diagram of Delinquent File Status Work is Progress Suits Judgments Returns Holds Bankruptcies -17- IV - DATA PROCESSING RESOURCES McCreary, Veselka, Beck and Allen, is located at 5929 Balcones Drive, Suite 200, Austin, Texas. At this location, we provide the services of our in-house Wang VS Computer System. The present hardware configuration consist of the following: Components Specificationst CPU Wang VS 90 with 1MEG Memory and Telecommunications Two 90-Megabyte Disk Drives Each disk drive has a 15 megabyte removable and s 75 megabyte fixed disk Two 288-Megabyte Disk Disk drives have removable Drives disk Tape Drive 800 or 1600 BPI compatibility Chain Drive Printer and High quality 425 LPH upper Two Band Printers and lower case printing using continuous fors paper Three Daisy Wheal Printers Used in the word processing functions The best quality printing using twinsheet paper and envelope feeders Three Twin Sheet Paper Used with the daisy wheel feeders printers to feed single sheet paper automatically Two Envelope Feeders Names and addresses are held in memory from letters, Envelopes feed and print automatically Twenty-one Dual Word and Data Used for data entry, update Processing Terminals (CRT's) and document development Archiving Work Station Converts diskettes of other hardware -18- I Other autosated procedures used to facilitate the handling of mass sailing@ are: Bursting Decollating Machines Separation of continuous data processing forms Folding/Stuffing Machine Automatically folds and places letters into envelopes Postage Machine Automatically seals and places metered postage on the envelopes Our staf* and hardware have the capability of receiving computer tapes of the uelinquent tax files of Dentou and reformatting the data for immediate adaptation to our system. We have developed sophisticated programs with the unique ability to merge data processing files with the word processing system. The hardware than produces delinquent tax letters, suits, and judgments of excellent word processing quality. . Document variation is virtually unlimited. We can produce as many as one hundred thousand letters, as wall as hundreds of suits and judgments in a regular work week. Delinquent tax rolls, receipts, statements and calculation schedules may also be produced for single or multiple jurisdictions with penalty and interest calculated. A Zip Code Sort program has been developed in which the file is sorted in Zip Code sequence for expeditious handling. Various computer programs for management of information, statistics and suit tracking are used in the delinquent tax program. In addition to the above capabilities, machinery that facilitate the handling of mass mailings are utilised. Our staff and consultants of McKinney, Ewing and Associates comprise some of the best expertise available in the automation of ad valorem taxes. -14- a FLOW CRART OF OUR COLLECTION PROCEDURES Tax ved u.ceiwe Sy Ny Law Office Data formatted to Law Office file Structure Calculation of Penalty nd Merge of Dets File with Word Place ping Interest Due function to Oanarab Word P. ing file for Mom Motifiostion. EDW*,Iinqwnt Delinquent Statements Tax Roll ta lad Dewed Letter One Year Notification LOD: tification Secard Notice Title Reasarch 8 One Year Accounts Claw Suit Personal Service Suit Intervention Citation by Publication Pay or Set Letter Diwisai E Trial and Awpw1t R•laaae of Order and Notice of Sale Sale, Usburaarant Peacaadingr, and Preparation of Daads r20.. SLAT FILE PROCESS Selesttlon of Ito t for Suits by Amorr. y Title Research DATA PROCESSING FUNCTIONS WOPD PROCESSING FUNCTIONS Records Extracted from Main Date File by Key Operator to Build Suit Data Flit Title Information Added to Suit Data File by Key Operator . . EZation of Penalty and Interest Due Merge of Data Fiio With Wad Processing Function to Generate Word Processing Schedule , L Word Processing Entry and Selection of Legal Forms Print Request • Loren interventions Schedule of Taxes, Penalty, Interest. Attorney Fats and Total Out Suit, Petition & Citation Judgements -21- P - PROJECT STAFFING The personnel of McCreary, Veselka, Back and Allen have the technical skills, legal expertise, management ability and years of experience in property taxation to assure the success of the City's tax collection program. Gilbert T. Bragg will be the attorney managing the program. Mr. Bragg will be responsible for the supervision of our Denton personnel and for the formal communications with the City Council and City staff. Clyde M. Craigen will be the manager for the program. He will coordinate the data processing activities of our Austin office with the field work performed by our Denton staff. Laird Markland will provide additional professional support from our Austin office. Mr. Bragg and Mr. Markland are in Denton on a regularly scheduled basis. McCreary, Veselka, Beck and Allan has an office in the Denton County tax office. Our Denton office is staffed by a paralegal. We propose to employ another paralegal to assist in the City's delinquent tax collection program. The Firm will lease office space within walking distance of the City Tax Office. A telephone extenston will be added to the existing local telephone number for taxpayer inquiries. This will provide the opportunity for taxpayers or their attorneys to meet with our staff to discuss tax matters. Copies of all work papers, letters, suits, payout agreements, judgments, and bankruptcy claims are maintained in both our Austin and Denton offices. A member of our acaff will be available to support the City tax office and answer tuVayar questions five days a week from 800 a.m. to 5 00 peso Any special programing or data processing requirements will be handled by our staff of systems analysts and computer programers. Our data processing staff is supported by the systems consultants of McKinney, Ewing and Associates. Among their many cradenti3la is the successful design and development of the entire software package presently being used by the Firs. -22~ VX COMHUNICATIONS AND REPORTING CAPABILITIES The firs provides two toll-free inward WATS lines to our Austin office for the use of City officials and staff. Our Denton staff *611 provide daily contact with the Uty tax office. Copies of all payout agreements, letters, suits, judgments, and bankruptcy claims will be provided to the City for informational purposes but the City will not asdintain any files for the Firs. The City tax office personnel will perform all the cashier functions in the collection process. We propose the City provide our staff the periodic use of a computer terminal with limited file access in the tax office. A computer torminal is necessary to check payments on letters and suits !nd to monitor taxpayer compliance with payout agreements. With the approval of the CI ty, our staff will enter cause numbers, bankruptcies, payouts, and `Jardships into the City's file as litigation is initiated or special cases Aire identified. We propose to obtain from the City a computer tape of its delinquent tax files on a monthly basis for use in our letter and suit processing. Monthly printouts of the delinquent tax records will be maintained in our Denton and Austin offices which will allow us to monitor the progress of the program and identify specific accounts which require spacial attention. We will provide the City monthly statistical reports of the collection progress. The reports will include the following informations (1) Amount of delinqutNut taxes, penalties and interest collected based on our records (2) Number of letters sailed including types and deadlines (3) Number and type of suits filed of (real, personal, "vacant and abandoned") (4) Amount of money involved in litigation (S) Number of judgments taken and amounts involved (6) Schedules tax setting dates (7) Summary seizure and sale activity . -23- x~ • Sample reports are provided in the exhibits. (Exhibit A-i A-ii 8-1 thru D-ii, H-i and H-ii) In addition, the Firm can within six months provide a detailed analysis of the delinquent tax roll to determine the number of accounts with unknown addresses, payout agreements, hardship cases, over-65 exemptions and those involved in litigation. Such an analysis would present the City with an accurate and realistic assessment of the revenue which could be realized from delinquent tax collections, . -24. VII _ COST SUMMARY McCreary, Veselks, back and Allen proposes a fee of fifteen percent (152) based on the collection of taxes, penalty, and interest as provided in Property Tax Code Section 6.30. The fee would be paid to the Firm ou a monthly basis and would be in direct relationship to the quality of our performance. Each subsequent year of delinquent tax would enter into the terms of the contract on July 1 of the same year the tax becomes delinquent. i Total coats incurred for data processing activities, taxpayer notification, postage, address research, title research, and legal assistance will be paid by the Firm. The Texas Property Tax Code, Section 33.07 provides for an additional penalty of fifteen percent (15x) which may be added to the amount of taxes, penalties and interest due if the City contracts with a private law firm and gives proper notice to taxpayers during the month of May each year. This statute allows the City of Denton to collect the penalty to reimburse the City • for feet paid for delinquent tax collection. Section 33.48 of the Property Tax Code provides for fifteen percent (15x) attorney foss on all delinquent tax years which are placed in litigation. The affect of the Sections 33.07 and 33.48 will allow the City of Denton 100 percent reimbursement for all fees paid the Firm. I -25- VIII - FIRM QUALIFICATIONS AND REFERENCES The law firm of McCreary, Veselka, Beck and Allen, P.C. was first established by Jack McCreary in 1960 to specialize is Ad Valorem Taxation, primarily the collection of delinquent taxes. The Firm has grown to represent over 325 cities, schools, and counties and other districts throughout the State. The fire employs seven attorneys, whose practice is limited to that of ad valorem taxation; two managers; five property tax consultants; two data pr%~oessing specialist; and thirty other staff personnel. McCreary, Veselka Seek 6 Allen offers the best computer management resources and legal services available in property taxation. Our reputation is one of integrity in providing a professional, responsible and credible approach to a comprehensive tax collections program. We are pleased to provide the following list of clients of comparable size and encourage you to contact them with regard to our services. Letters of recommendation from several of these are included herein for your review. A list of other clients follow. Denton County Tax A raisal District of bell ..u.n..t..YY (Temple Independent ahool herb Barnhart pct, Killeen Independent Tax Assessor-Collector School District, (817). 566-7908 Belton Independent School P.O. Box 1249 District) Denton, Texas 76201 Tolly Moore, Chief Appraiser and Tax Assessor Collector bell County (817) 939-3521 Box 390 Belton, Texas 76513 • -26- j . Midland Central Avaralsal District Gran Counter Aperaisal District (City o Midland and Midland (City of Longview and Longview Independent School District) Independent School District) Roland Wilkinson, Chief Appraiser Bill Carroll, Chief Appraiser (915) 699-4991 (214) 759-0015 P. 0. Box 908002 P. 0. Box 6700 Midland, Texas 79708 Longview, Texas 75608 Central Tax Authority of Taylor Bowie Count? Appraisal District unt Abilene Inde dent School City of Texarkana, Texarkana District, City o Abilene et al Independent School District) Richard Petree, Chief Appraiser Wayne Hawkins, Chief Appraiser Taylor County, Central Tax Authority or Wayne Bouterse (915) 676-9381 Director of Collections P. 0. Box 1800 (214) 793-7696, Pact. 264 Abilene, Texas 79604 (214) 793-8936 P. 0. Box 6527 Texarkana, Texas 75505 Victoria Independent School District City of Houston smd the City o Victoria ry • es James B. Cameron-Stuart Tax Assessor-Collector Senior Assistant City Attorney (512) 576-3241 (713) 659-3050 P. 0. Box 1219 P.O. Box 1562 Victoria, Texas 77902 Houston, Texas 77251-1562 Harrison County _Appraisal District Corsicana Independent School (City of Marshall & Marshall Independent School District Acting Chief Appraiser Mary Cooper (214) 935-1991 Tax Ass•ssor••Collector Box 818 (214) 874-7441 Marshall, Texas 75670 601 N. 13th Street Corsicana, Texas 75110 City of Killen & Central Texas College e Linden Tax Assessor-Collector (817) 634-2191 P. 0. Box 1329 Killeen, Texas 76541 -27- MIDLAND CENTRAL APPRAISAL DISTRICT SURE 160, DELLWOOD MALL P-0, BOX 906002 MIDLAND, TEXAS 797088002 ROLAM WU OpA FIT& C.O {915) 899.4991 '4 June 19. 1986 Mr. Robert B. Salter Assistant City Manager City of Waco P. 0. Box 1370 Waco. Texas 76702-1370 Dear Mr. Salter: It Is my understanding that the City of Waco is currently accepting written proposals from several law firms in the state for the purpose of establishing a more affective delinquent tax collection program. In this retard, I would like to recommend for your consideration the firm of McCreary. Veselka, Beck and Allen. • In my dual role of chief appraiser and tax assessor-collector for four tax wita. I know how difficult this decision way be for the City of Waco, espe- cially in light of the extremely competitive and political nature of the de- linquent tax collection business. You will undoubtedly hear promises by all of the firm of increased collections and, for the most parto these promises will actually be realised by the city. One of the most Important considera- tions however, is the quality of service and integrity of the firs that you eventually choose. Over the past nine years. I have been able to compare the performance efforts o! McCreary, Veselka, Beck and Allen against two other law fires specialising in the field of delinquent tax collections. In tbess cases. I have found the firm of McCreary. Veselka, Beck and Allen to be superior in their service to both the tax office and the taxpayers of our community. The quality of their work was unsurpassed and their integrity above reproach.. If you have any questions concerning my recomsendation of the firs of McCreary, Veselka. Back and Allen, please feel free to call me, sincerely, Roland W42kin son kWsla , i -28- AK, CITY OF TEXARKANA, TEXAN e. e►. rox +sets, sMOe s+~iow 1ew•sr~1w~ June 12, 1986 Mr. Hartley Allen McCreary, Veselket Heck & Allen, P.C. P. 0. Hoot 26990 Austin, Texas 76755 Deer Harvey: Your firm was retained by the City of Texarkana several years ago to collect delinquent taxes for the City of Texarkana, Texas. Since your firm has been handling asr delinquent taxes, we have expeuriencwd a significant reduction in the amDunt of delinquent taxes awing. Since you have done an excellent job for the City of Texarkana, I would not hesitate to reconnend your firm to anyone who is contemplating hiring a firm to collect their delinquent taxes. Sincerely, tile~ sistant city Manager JWgh .29- COUNTY OF HENDERSON ATHENS, TEXAS 71731 WINSTON REAGAN COUNTY JUDGE March 18, 1986 Henderson County Appraisal District P.O. Box 430 Athens, Texas 75751 Dear Sirs: The firm of McCreary, Veselka, Beck, and Allen has been employed by Henderson County as delinquent tax attorneys for the past fourteen years. We feel that through their efforts handling our delinquent tax rolls we have been able to saintain a high percentage of collections here in Henderson County. At the same tim, our rating has increased to the point that our financial condition here to Henderson County is to be considered excellent. I feel that the fire of McCasary, Veselka, Beck, and Allen, if employed, will be able to render the some fine services to you and your government. Sincerely yours, Winston Meagan County JudS. WS/ f ld -30- CONSICANA INDffPKNDtNT SCHOOL DISTRICT MAA11 a1 CiKtM~li W "OWN a"" MW 60061"NA, Tax" "I 10 IUJIK - VUVVV6 M »w AaswrAM11 YYLCAf111~ TOwANO M1.~.O1~ti1K1NR• emsrrAw op NNOTOVO*NM Ar~+1M Mr. Ron Groom, Chief Appraiser Henderson County Appraisal District P,0- Sox 430 Athens, Texas 75751 Re: McCreary, Yeselka, Seek, and Allen, P.C. Attorneys at Law Dear Mr. Groom: It is may pleasure to recommend the law firm of McCreary, Yeselka, Sock, and Allen, P.C. to your district. The McCreary firm has represented the Corsicana Independent School District in the collection of delinquent taxes since 1969. our board of trustees has been very pleased with the work of this firm and has renewed their contract eight tiers. Each time the contract has been presented to the bard for renewal the bard members have been favorably impressed with the progress reports submitted by the firm. The board is particularly impressed with the integrity of this firm. There has never been even so much as a hint of conflict of interest in the manner in which they conduct their business. We have found the firm to be very easy to work with, The volume and quality of their work has resulted in a delinquent tax collection program of the highest caliber. The firm Agressively pursues every delinquent account unless there is a legitimate hardship involved. We appreciate their courtesy and fairness to our taxpayers and the manner in which they cooperate with our tax office employees. During our seventeen year association with the firm, they have sold numerous vacant and abandoned properties. The accuracy of the title research and the dilligonce used in the locating of unknown owners has precluded embarassment to our district. The firm to continuing to pursue vacant and abandoned properties, and we are pleased when there lots are placed in the hands of taxpayers who will keep the taxes current. I am particularly impressed with their administrative assistant, Mrs, Robin Byrd, During the past year Mrs. Byrd has worked very closely with our tax office, We have found her to be very:cordia , and she conducts herself in a professional manner at all times. Through her daily examination of our delinquent tax records the attorneys are able to stay on top" of all of our delinquent accounts. I so looking forward to our continued association with the McCreary firm, and I would recommmend them to any taxing igoncy, sincerely, lbrk N, Culwall Superintendent of schools -31- ~eee GREGG APPRAISAL DISTRICT 2010 ORMW Road • P.O. Box 6700 BOOM OF DMCIOra • A o * horpviewo TOM 76008 1,11011m, 214/7lip-0016 am~ Ede J. "Ed" ThWw, me aI A L 0. L. Ian~ Thant C. "Teary" Mom March 70 1g85 W APPRAISER Wow T. OwnN, CTA I am writing in reference to the services of tar firms in assisting in delinquent ad valorun tax callections. Over the past IS years I have had the opportunity to observe either directly or indirectly vast of the taw firms that specialize to this field in the State of Texas. It is sW opinion that the firm of McCrary, Veselkao lock and Allen is unquestionably the best of all of these firms. McCreary otal are dedicated solely to this field and they ore organized, staffed andequipped in a very effective manner to let the Job dons. TW cooperate with the taxing unit and willingly offer special assistance or advicd whenever requested to do so. Mowewr. their most important asset and the one thing I look for more than anq Ing else is I tepgcitye I have found them to be honests straightforward and unbiased in their approach to collection. I'muld hTly recoamend McCreary, Voselka, tick and Allen to ~a~yy taxing body that s seeking assistance in delinquent ad valorw tax eollectiohs. Tease feel free to tall we if you have any questions. i Since ly' Bill Carroll, CIA .32- Chief ,Appraiser • March 7, 1986 I want to take an opportunityy to tell you about the good experience T have had with McCreary, Veselka, beck S Allen and their work in collecting delinquent taxes for us. This law firm was hired by Taylor County in 1962 and has continued to do an outstanding fob in keeping accurate records, checking ownerships and lien holders, and consistently fallowing through an all the acccounts they service. When I becr,nk Chief Appraiser for Taylor County, I had An opportunity to work with three other law firms. Although the range and quality of services provided by these firms has been significant, the McCreary firm really stands out. I have not been embarrassed by tax suits that are filed on the wrong people or abstract work which is poorly done. Considering the volume of work they do, their detail work is very impressive. I know that you ere considering who can provide the best service to the Appraisal District and I want you to know of the pleasant relationship that we have had with the McCreary firm here in Taylor County. If any of your board Members have any questions of me, please feel free to call. Sincerely yours, Richard Petrov, RPA • RTA Chief Appraiser RP/bf i -33- COMPLETE LISTING OF ALL CLIENTS Anderson County Burnet County Appraisal District Neches ISD Burnet County Paleatine, City Bertram, City Palestine LSD Burnet, City Slocum LSD Burnet ISD Westwood ISD Granite Shoals, City Marble Falls, City Jourdanton LSD Marble Falls LSD Meadowlakes MUD Bellville LSD ' Luling ISD Bailey County Appraisal District Bailey County Calhoun County Consolidated Tax Office Muleshoe, City Calhoun County Muleshoe YSD Calhoun County ISD Three Way LSD Point Comfort, City Port Lavaca, City Seymour, City Seadrift, City Seymour ISD Cherokee County Tax Appraisal District of Bell County Central Texas College Anna ISD X111ee2, City Wylie, City . Wylie YSD Clifton ISD Cranfills Gap ISD C0841 County Valley Mills ISO Comanche County Bowie County Appraisal District Comanche, City Bowie County Comanche ISD DeXalb, City Comanche County Hospital District DeUlb ISD DeLeon, City Liberty-Eylau ISD DeLeon Hospital Dist. New Boston ISD DeLeon ISD Pleasant Grove ISD Guetine ISD Aedvater ISD Sidney LSD Sims ISD Texarkana, City Coryell County Texarkana Community College Central Texas College Texarkana ISO Copperas Cove, City Copperas Cove '^D Brewster County Event ISD City of Alpine Gateeville ISD Alpine ISD Burleson County Crockett County Caldvall, City Snook ISD -34- f; Crosby County Gregg County Appraisal District Crosbgton, City Gladewater, City Crosbyton ISO Gladewater County Line ISO Lorenzo ISO Longview, City Ralls, City Longview ISO Ralls ISD Pine Tree LSD White River MWD Grimes County Van Horn, City Hardman County Denton County Quauah, City Argyle LSD Quanah ISO Aubrey, City Kountze, City Aubrey ISO Kountze ISO Ponder, City Ponder ISO Bellaire, City Sanger, City Houston, City Sanger ISO Pilot Point ISO Harrison County Eastland County Hallsvil?,s ISO Carbon ISO Harleton ISD Eastland ISO Marshall City Gorman, City Marshall ISO Gorman ISO Waskom, City Ranger, City Waskom ISO Ranger ISO Ranger Hospital District Haskell County Appraisal District Ranger Junior College Haskell County Rising Star, City Haskell, City Rising Star ISO Haskell ISO South Eastland County Haskell Memorial Hospital District Hospital District Haskell County Slater Supply District Erath County North Central Texas HWA Dublin, City O'Brien, City Dublin ISO Rochester ISO Rula, City Lott, City Rule ISO Weinert, City Freestone County Wainert ISO Dew JD Henderson County Pearsall ISO Athens ISO Eustace ISD Collinsville, City L& Poynor ISO Collinsville ISO US Consolidated ISO Van Alstyne, City Whitesboro, City -35- L y wy, T •u .rte /2n 1 i-y~w r • ^:-t Tt . •1T~'iiw Hill County Knox County Appraisal District Abbott ISD Knox County Aquilla ISD Benjamin, City Covington, City B"J"In ISD CovinSton ISO Gores, City Hillsboro ISD Gores ISO Hubbard ISD Knox City, City Itasca, City Knox City-O'Brien CISD Itasca ISO North Central Texas MWA Melons, City Knox County Drainage District Malone ISD Knox County Hospital District Munday, City Sayer ISO Munday ISD Sundown, City Lee County Howard County Dime Box ISD Coahoma, City Giddiags, City Forsan, City Giddings ISO Forest ISO Howard County WCID #1 Leon County Centerville ISO Jackson County WCID N1 Jewett, City Jackson County WCID 02 Leon ISO Oakwood ISO Buns ISO • Jeff Davi3 County Groesbeck, City Ft. Davis ISO Groesbeck ISO Valentine ISO Kazis ISO Jim Hogg County ISO Thornton, City Jim Hogg County WCID X12 Idalou ISIS Lubbock-Cooper ISO Stamford, City Slaton ISO Stamford County Line ISO Stamford Hoop. District Lynn County Appraisal District Lynn County Kendall County Tahoka, City Tahoks ISD Rent County Wilson, City Jayton, City Wilson ISD Jayton-Girard ISO Madisonville ISD Kerrville ISO Martin County Junction, City Grady ISO Junction ISO Stanton ISO -36- V~ y- z• r _ ,+f, ;m _,•i s McCulloch County Appraisal District Clarksville IOD McCulloch County Talco-Bogata ISD Brady, City Brady ISD Ba Lorhea ISD Lobo ISD Melvin, City Rafugio County WCID 01 Rochelle ISD Runnels County McGregor, City Ballinger ISD McGregor ISD Miles, City Moody ISD Miles ISD Winters, City Menard County Appraisal District Winters ISD Mena rd County Menard, City Schleicher County Appraisal Menard ISD District Schleicher County Midland Central Appraisal District Eldorado, City Schleicher County ISD Buckholts ISO Quieroa ISD Shackelford County Appraisal Milano ISD District Thoradale, City Shackelford County Thorudale ISD Albany, City Albany ISD Colorado City, City Moran, City . Colorado ISD Moran ISD Shackelford County Hospital Motley County District Motley County ISD West Central Texas MWD Matador, City Roaring Spring, City Stephens County Breckenridge, City Blooming Grove, City Breckenridge ISD Blooming Grove ISD West Central Texas M.W.D. Corsicana ISD Mildred ISD Sutton County Appr. Dist. Sutton County Tuloso-Midway ISD Sonora, City Sonora ISD Gary ISD Keller ISD Pecos County Fort Stockton, City Central Tax Authority of Taylor Fort Stockton !SD County Iraan-Sheffield ISO Taylor County Abilene ISO Presidio County Jigs Ned ISD Merfa ISD Merkel, City Presidto ISD Merkel ISD Wylie ISD _37- Rwww- Terrell County Wharton Central Appraisal District Terrell County ISD Wharton County Louise ISD Terry County Appraisal District Wharton, City Terry County Wharton County WCID it browntield, City Wharton ISD Browniiel: ISD Meadow, City Northsids ISD Meadow ISD Terry Memorial Hospital Georgetown, City Union ISD Georgetown ISD Wellman ISD Taylor, City Taylor ISD Throckmorton County Throckmorton, City Yoakum County Throckmorton ISD Deaver City, City Woodson, City Denver City ISD Woodson ISD Plains ISD Canton ISD Martins Mill ISD Victoria, City Victoria ISD Victoria County WCID li Mirando City ISD Webb CISD • r38- '1~n- a ~,•m Y, . . _ 2~ -•r IX - RELATED ISSUES Public Relations An important facet of a comprehensive tax collection program is community awareness. An informed public rallies bohind a credible and responsible tax program. We can furnish the City of Denton a suggested public relations format. Several persons are available to speak before civic and social groups to explain our efforts on behalf of the City. Statutory Compliance McCreary, Veselka, Deck and Allen, P.C. is a Texas Professional Corporation with its principal offices located in Austin, Texas, and engages in the practice of law exclusively in Texas. As such, the Piro qualifies as a "Texas resident bidder" as defined by Article 601(8) of the Texas Revised Civil Statutes. McCreary, Veselka, Back and Allen is an Equal Opportunity Employer and complies with EEOC guidelines. The Firm's present office staff has one hispanic attorney. Our present secretarial support staff includes one Hispanic, one Vietnamese refugee, one of Japanese descent and one American Indian. Data processing personnel include two Hispanics. The Firm is also associated the wholly owned black law firm of Burney, Caggins and Hartafteld in conjunction with the City of Houston contract. The Firm will consider sub-contracting parts of this contract to sinority-contractors in the areas of title research and investigation. Records McCreary, Veselka, Beck and Allen will provide copies of all tax files to the City Attorney in the event the tax collection contract is terminated. -39- No Additional Fees Charge The Firm does not charge the taxpayer an abstractor's fee for real property title research. We are unaware of any other charge which may be legally assessed a taxpayer except the-15 percent penalty or attorney fees authorized by the Property Tax Code and court costs due the District Clerk for the filing and processing of suits. The firs does encourage its clients to collect the court costs due the District Clark when collecting its taxes. Insurance The Law Firm is covered by 3 million dollars of professional liability insurance and a Texas Multi-Parel Policy which includes the bonding of each employee. No claims have ever been filed. -40- X BIOGRAPHICAL INFORMATION MCCREARY, VESELKA, BECK AND ALLEN, P.C. PARTNERS JACK MCCREARY, the senior member of McCreary, Vesolka, Beck and Allen, P.C. , Attorneys at Law, is a member of the State Bar of Texas and American Bar Association. He is licensed to practice law in the Federal Courts. Mr. McCreary is a noted authority on ad valorem taxation. Since 1951 he has conducted a wide array of tax services for counties, cities, schools, special districts and other authorities. He holds the designations of CTA and RPA. Through the years he has provided property tax advice to Texas Governors and legislators, having testified b;core legislative committees considering tax bills. He is a regular speaker at property tax conventions, seminars, and schools. Mr. McCreary is currently serving as a Director of IntsrFirst Bank, Austin, Texan. He has served as a Board Member of Buckner Baptist Benevolences, Dallas, Texas. He is an active Committee Chairman of the . Legends of Golf, PGA, Austin, Texas. Mr. McCreary is a graduate of Weatherford Junior College and holds B.B.A. (1950) and J.D. (1951) degrees from Baylor University. SHELBURNE J. VESEL.KA has been a member of the law firm since MI, He coordinates the trial work among the Firm's attorneys. He is active in the Yirm's trial practi:s and has been involved in such appellate work. He currently supervises the filing of thousands of delinquent tax suits. Of particular note is his work in sate of property for taxes. The property sold includes thousands of real estate items, as well as shrimp boats and other business personal property. A member of the State Bar of Texas since 1972, Mr. Veselka holds degrees from Texas A & M University (B.A. 1964) and the University of Texas School of Law (J.D. 1972). • -41- ~li~e wr.. i i 4..~ f... ' 1 J ama~.'X' 35 1 i J. ELLIOTT BECK has been a membei of the law firs since 1975. He is active in the Firm's trial practice. He currently supervises the filing of tax suits as well as maintaining the suit docket for several large city and school district clients. He is a speaker on property taxation for TAAO and State Bar of Texas seminars. He is a member of both TAAD and TARO. A member of the Stata Bar of Texas since 1974, Mr. Beck holds degrees from East Texas Baptist College (B.S. 1971) and the University of Texas School of Law (J.D. 1974). He is licensed to practice in the Federal Courts. Prior to }oiniag the Firm he worked on the Speaker's Staff of the Texas House of Representatives. Later he was General Counsel to the House Environmental and Judiciary Committees. He has directed a study of the Texas Water Quality Board and was s research writer for the 1974 Joint Legislative Prison Reform Committee. HARVEY M. ALLEN has been a member of the law firm since 1981. He is active in all phases of the Firm's work, including trial practice. A certified public accountant, Mr. Allen formerly worked on the audit staff of Arthur Andersen A Co., Certified Public Accountants, in Houston. He has partizipated in numerous audit engagements, including an overall audit of the Comprehensive Employment and Training Assistance (CETA) Program administered by the Houston-Galveston Area Council of Governments. Mr. Allen holds degrees from Baylor University (B.A. 1973;'M.3.A. 1977; J.D. 1981). Admitted to the bar in 1981, Mr. Allen also is a member of the Texas Society of Certified Public Accountants. -42- .'°T ATTORNEYS ROBERT M. HUEY has been a member of the Firs since 1963. Being involved in tax cases of all types, Mr. Huey has appeared in over one hundred trial courts as well as the Texas Supreme Court and nearly all of the Courts of Civil Appeals. A noted authority on property taxation, Mr. Huey has spoken before seminars and schools throughout the State. He has provided administrative advice and legal representation to political subdivisions and appraisal districts on all phases of property taxation. A graduate of Texas A 4 M University (B.A. 1953) and the University of Texas School of Law (J.D. 1958), Mr. Huey served as City Attorney of Orange and Assistant City Attorney of Austin, Texas, prior to joining the Fire. GILBERT T. BRAGG has been a member of the law firs since 1978. He is active in all phases of the Firm's expertise, including appellate practice. A former Judge Advocate in the USAF, Mr. Bragg has extensive experience in mviewing U.S. Government procurement contracts. He is licensed to practice before the U.S. Court of Military Appeals. Mr. Bragg was admitted to the bar in 1973. He holds degrees from Baylor University (B.B.A. 1972; J.D. 1973). GERARD M. PALOMO joined the lsw firm in 1985. He is active in the Firm's trial practice. Prior to receiving his law degree Mr. Paloso was employed as an Academic Librarian with the University of Texas Health Science Center at San Antonio. Mr. Paloso was admitted to the bar in 1984. He holds degrees from State University of New York at Albany (B.A. 1972 Summa Cus Laude; M.S. 1973) and University of Texas School of Law (J.b. 1983). -43- Y ,.t F' T.x7ra?-c ac'risT ir YS TS "'-reg. r :y r r :rw `^i,t -~a:p f ~ i MANAGERS T. FRED RICHMOND, JR. is Tax Consultant and General Manager of McCreary, Veselka, Back and Allen, P.C. law firs. He joined the Firm in 1963. He has extensive experience am an ad valorem tax specialist. He coordinates the contract scheduling for the Fixn'r over 300 clients. His areas of expertise include tax contract management, ta; ::ter notification, and address and title research. Mr. Richmond lends a presence especially senoitive to w needs of tax unit officials having been a former tax assessor-collector of P. `ecosa County. He holds the designations of CTA and RPA and since 1973 cos served as Secretary-Treasurer of the Tax Assessor-Collector Association of U, s. He is an alumnus of Tetras A 6 M University. CLYDE M. CRAIGEN is a Tax Consultant and Operations Manager of the Firm. He joined the Fire in 1971. He has extensive experience in the areas of tax program analysis, title research, taxpayer notification and address research. Mr. Craigen's area of expertise includes contract management and public relations with both tax office personnel and the general public. He has been instrumental in the Firm's implementation of extensive integrated word processing and data processing systems. Management of office functions include contract report writing, computer data services, and liaison between the law firm and computer system analysts. before joining the Firm, Mr. Craigen was a Tcax Account Supervisor of the Ad Valorem Tax Division of the State Comptroller of Public Accounts. There he accounted for State Ad Valorem Tax funds and approved State delinquent tax contracts. He holds the designation of RPA and is a member of the Texas Association of Assessing Officers and Tax Aasessor Collectors Association. He is an alumnus of the University of Texas. TAX CONSULTANTS LAIRD J. KUJMAND is an Ad Valorem Tax Consultant. He joined the Fire in 1978. He has extensive experience in the arena of title research, taxpayer notification and address research. Mr. Markland was a field appraiser for Southwestern Appraisal Company, Inc. prior to joining the Firm. He has appraised real and personal property throughout the State. Mr. Markland is a member of the Texas Association of Assessing Officers and the Tax Assessor-Collectors Association of Texas. He is an alumnus of the University of Texas. In addition to his services with the fire he is aleo on the advance staff for the Office of the Vice-President of the United States. DAN M. JONES is an Ad Valorem Tax Consultant. He has field experience with two of the Firm's largest clients. Mr. Jones' responsibilities are in the areas of title research, t"•rayer notifications and address research. He joined the Fire in 1984 and is an alumnus of Texas Tech University. WAYNE FINCHER le an Ad Valorem Tax Consultant. He is experienced In delinquent tax matters among the Firm's large and small clients. Mr. . Fineher's responsibilites are in the areas of title research, taxpayer notification, and address research. He is a graduate of Angelo State University and Texas Tech University. He joined the Firm in 1984. He is a former high school principal. BRETT BREWER joined the Law Firm in August of 1985 as an Ad Valorem Tax Consultant. His responsibilites are in the areas of title research, taxpayer notification, and address research. Mr. Brewer is originally from Vernon, Texas. He has attended West Texas State University. He has worked several years with Texas Department of Mental Health and Mental Retardation in personal management and development. He most recently has been in the electronics industry, specializing in Staff Training, Market development, sales and public relations. GILLEY MONTAGUE joined the law firm in 1985 as an Ad Valorem Tax consultant. He has previous experience in title research. Mr. Montague's responsibilities are in the areas of title research, taxpayer notification, and address research. He attended the University of Texas and Austin Community College. -45- . XI - EXHIBITS I EXHIBIT A-i Statistical Progress Report DATE We wish to present the Firm's accomplishments in the delinquent tax collection program with the City of Denton during the last quarter. The program 4as included an effort to send a notice to each delinquent account in an attempt to obtain voluntary payment of taxes due. The Firm has also filed suits. Latter* Experience has proven that prior to our institution of legal proceedings a series of letters to taxpayers mad lienholders induces substantial payments. B. Detail Letters - Notices on all years of delinquency including property description and amount due. Numbers 20353 C. Demand Letters - Notices to the delinquent account informing of suit action if taxes not paid. Number: 126 Amounts $30,600.00 D. Lienholder Letters - Notices to financial institutions and individuals Which the Firm has determined, as a result of title research, to have liens on delinquent properties. Number: 39 Amount: $11,723.41 E. Suit Letters - Notices to the Dfsfendant informing of further acti.or, including judgment, if taxes are not paid. Numbers 34 Amounts $27,072.66 i EXHIBIT A-ii 1. New Owner Letters Notices to owners who have recently purchased their property, advising that delinquent taxes are due. (lumbers 10 Amounts 17,358.40 A total number of 5,634 letters were sailed in 12 separate mailings in an effort to collect your delinquent taxes during the past quarter. Suits Suits are filed when delinquent taxpayers do not respond to letters sailed by the Firm. A. Individual suits - Actions filed against an individual and all of his property. District Court Suits Numbers 42 Amounts $45,575.81 B, Dismissals - Suits which have taxes and court cost paid before judgment is taken. Numbers 21 Collections The Firm's records indicate the collection of $167,200.00 in delinquent taxes, penalties and, interest for the period of this report based, in part, on jurisdiction's collection checks mailed to this office through September 30, 1986. . Conclusion A progressive delinquent tax program is very important in maintaining a high collection percentage. McCreary, Veselka, Beck & Allen will continue to respond to you with state of the art coliration techniques, computer support and legal assistance. The Firm considers it a privilege to represent the City and seeks to assist you in all ad valorem tax matters. Respectfully submitted Shelburne J. Veselka for the Firm I. C.- I VCCAIA41 YfS1L9A BKCK % ALL10o ►C WOW 419OAT STATISTICS 41FORT 00,116)Nf A04If0ICT104 L00000 fU' N U4iS0I0T10M 001 0141NIN4 R1C040 TT►1 ALL 140140 AE M O TTp1 016ININ0 DATA ALL IND144 PATE 1NTAT 0014ATOA R1C1IY10 FROR 0411 OF 410,141 02111191 N ffi hf H W 1 W SUMMARY RMPT %CCRIAIY M ELVA lfCK R ALLINO ►C TOTALS 49PORY ItrO#T DATI 02115165 r rAGe NuaDeR 1 RECORD TYPE COUNT 1 COJNT 2 IASI TAIL AMOUNT DUE 010 FIRST 1144 NOTICES 70325 843023305 1002302!1.2! 020 DETAIL LETTERS 40,345 646#428.11 7St0tYl.4U t 036 Of MAN* LITTERS 902 180769.25 321413.80 040 L19% LITTERS 04S PRI-CLASS SUIT LITTIRI 090 Suit LETTERS 1 095 INTIRV941104 LITTERS 060 Ou0/pilot LITTERS 065 BAAKRUPTCY LETTERS 020 PAYOUT LITTERS 1 071 LATE INSTALLMENT PAYMENT LETTERS td H 07s NEW OwNtR LITTIRI y r 080 ACKNOML►DIEMINT LETTERS W OSS 801CIAL LETTERS f 100 11946 PRIPAN90 PERSONAL $INV SUITS 7 4 10500.75 190235.7! 110 ITEMS PPS►AdEO CLASS SUITS 200 SUIT PERSONAL 11MVICI 7 3 S01t5.t! 141660432 210 SUIT CLASS 32 1 420645.77 0!0471.811 300 INTERVENTION PERSONAL SERVICE 310 INTERVENTION CLASS f 400 ITEMS PPI►ARED PIPSONAL 1IRV JU06MENT1 S 3 'x23.64 10155065 410 ITEMS P!IPARED CLASS JUDGMENT 22 1 1!0723.11 2504/2.34 1 420 JUD4MENT PERSONAL SEAVICI 430 jU08ME4T CLASS "CC4101 YESMA 41C9 4 ALM* ►C SUNYARY RIPM A1tONT $All 0211 MS LI M 0 COUNTY ►A41 NUMito t IM ►CAa $All TAX AMOUNT SVC A /f COURT 13/23/140 420645.11 650421811 1~ it RIC9RO INTO 1864L 3 4:06iS.1r 630421.00 400 ITEMS IRE►AR10 990604AL $INV JU04414TS JU` INT TNRU Y! ► 8b8 Wl TAM AMOUNT out Aayj COUNT sit /If 123.64 10155465 1 1 1 8451 1111,4111 61"I'll 133 1160 123.64 10115065 410 ATM ►REPARED CLASS JU044ENT Ju'' 4T MU YN ► C Ml TAX AMOUNT out C COUNT 11%11104 ~aU 160163.11 250412.14 I Ph RIC00 IY;l JJSAT if 100123011 2SO412.34 500 DIM I SALS ►JISOMAALS14VICIT 1a 0112111AL MCaYIL BALE TAX AMOUNT DUE CA~jy COURT to iipp VT 1 At64R0 lule l COIN W W $04 TAM SALES ►44CILS SOLD IIMD} E R~RUN~ BASE TAM AMOUNT DUE A.M y COUNT IJ!"? 34 O 1 230664.70 / RECORD lut1 TOUIL it 2301!4050 610 TAM SALES PARCELS HtO 14 TRUST tt T15% ~ A4 •C~Ua~ 6AS4 TAM AMOUNT DUE MA~YT COU41 11041 lU[F CaUai M rc(AEARY VtSELKA 6tCK t ALLM ►C SUMMARY ROOM At►0RT OATS 02/13/65 L99909 COUNTY PASS NuN6ER 1 /01 Cou11TY 10 Plitt YtAl NOTICES T3 4 Q DASI TAX Amount cA (IN CNC 13303180 bill 4 WPM L~a3~S YdRR 2430!37.13 10013r231023 iu6 RIC249 TYPE TOTAL 143.233.13 600230234.23 20 DETAIL LETTERS LEj 0E4 Y! ITUuT R SASE TAX AMOUNT out L (IN cot Sri O2~i Y}~~ li 605 ~4~0416.11 159092!.40 H REtoR6 TYPE M AL 10 DEA491) LETT1Rt H LtaX1~ 4EO~F~N1 ~OYM R EASE TAM AMOUNT OUR *~y~Y t C14 c4c 10 112164 10131 64 302 160 »5015 120-41s M 10 04 AICORO TYPE TOTAL 110765023 12.415.66 C 100 112"S 94E0ARID ►Ei1604AL SfAV SUITS 3A~ Rc1C RASE 3AM,$ AMOUNT out ~i CAMP COURT it 14 ' A GU $094.1 1..11:51 M4 D R RSCOAO 4U1f 1844f 90500.70 15023'1.13 230 SUIT PERSONAL StAYIC! Jill 4 4C •COUN !ASE TAX eS3S AMOUNT OttuE cAA{,dyC COUNT I d. `:ei 130 36. 4 11/04 RLC ASC9la 1yof tS R 3 90195.93 140006.34 210 SUIT (Lisa VCC040141 VISWCA 04tK i ALM.* PC TOTAL$ R4►ORT R!►Oif OAT! 02M IM PAIR 440040 t A4COR4 11o4 COUNT 1 COUNT 2 IRS! TAX AMOUNT 0Ut 44M Atl4ASE Of JUP400141 too$-.11AL StfVtt4 ASO A4l4AII Of JU9 ANY CLASS SUO 0WISSALS 011IONAL S14Vtt4 1 2 110 OHIISSAL1 CLASS 600 TUX SALO$ PARCEL'S 300 14 1 2)rlIA.SO 610 TAX SAM PAACILS !30 IM TRUST 2 1 NO 940 JUR OIL341 4ETAIL LIST 110 MOLT 1U1 9916IN4 44TACL LIST N 120 CALCULATION SCNIOULI 170 OYf tFA• LtStIN4 14S STATENINT H 750 019 VIAfICAL t0 H 760 PTA NORtIONTAL ►S AJO C44CA JOUAmkL d! 1 v 1140 T0146 41FORT 11 JYRIliICTION WTA6 i 19111911 CO1411 COUNTY 1951P 1411 1444 TAX tOtlNT s13l* ;All OT~ TANiIt1 T 1N ,R00YNtr iA![A ~RIT4J14 OUNT4 A iAlE~TA Ir4N1iT`u1• (A)K Itell 0 3vlAR 0 CC C0U 1uu ; 1u iuu IOU y 4. uU uu ' Yu ~uu uu ~Y+~ H $ ; uu° H 1uu s ; ~ n 6 ' Y><JUl 'IO'tALat >lNf01!'I' 113TH 1fOLD!• UU M'• out" MD iWasm ' • uu uu 10.64 1 14 1d tuU ~ 1uu 1. 1. .4 2 ygf' i iuu d 1:231.. 1 ? 1 4 vo 19146 264 411 a[ iesTttS.14 ,,271 56 5.04.4A T 6 9 vs rlRC4y1A91 ( i111[R11 l 10 AL1iAfE4TAK 0UTlfl~NOI'f4 1 I l 02/1fIA Lototoew COM TEAR TOTAL Rt►ORT tiT ,►ytlii2tltON rA`gtAt ' COVNTT wwrrrrrrr ,V" T wr~rl1rrtwRrwr rrrwr1. rrr. CA rrrrrwrrrrr •wr►wwrwrrr rwrrwprrr rtrr wrwwwrrrr RE •rrwpr u.rrw• ttA! All TAX tu» ;C8ui3TT OIiE TA1INf ~RgOUNTT !A!E TIM~Nf ~tl3NTx lAii TAUT"COYNT • • •d 00 • • • .U tin • • • .U e :u . .u .u . u to H tel: ~ ~ ~ ~ :u w MAl 70A.1b !1 /i1~0.2t 79 t~416.23 122 .UU 0 coultrrRAR Tom xt►ORT sr jualsottrION fAilTAL 10 c~uMfr A rrrrrrrr KA ' rrsrrrwrrffrr rrrrrwrw'~~KRu'r Er~r}rrrrrrwrtrtrrr rrrrrrrrrr PAr44 rrrrrrrrrrrr I AN s19R TAX ~MT rc uNtTr 911E TAX llNf ~ $4Nt'r OASR tAx t T rtpyNtTr • t• 000 00 ii d 1 ~ • t9TAL 19.:1 11 !39.22 21 1Z~.N s N H• J2ITl/17 11411 TOTAL RIP04T 11T JumtsltcYto" iAi~TA~ TT ~~~?++Ix c41i'1TT cOUNTI _•••-`y-.a Z#t T n....,...... pTNt1TR a.1... r.Ru..`r..• IRA MV M ~OUNT PHU T, ;A";; TAX UNT ~~aUatTT e . . H • H ~3 H 140. ~ ~ 4 C TyTAI Woos 7 7SO.t0 TI r TRAM TOTAL NVOORT OY JUASIOICPION I~i1TAL it »+r•eK couKrr COUMtT w .•..wr..rw.r.r MAN~INZtITT rrr.....r..rr. Jul p E TRA tOY~t 'tOU~~tT •yAIA TAKjlNA lM....``....T~ ..+...r... llsir TTT YdAA •lA! TAX AAN UNT ~OUN •AA! TAX APB `2: TOTAL 7A.Z1 70 Af.~O 2 rS.O! M H bd W H A 1 C 0 M • O2Hl/st ATb1A~ caYNrtIAR TOM R[►aRT 1T JUR2SOICTION ~A{! 11 couNlr r..•..r..r..•r•r~A~~,Y~TtT r•r~..rrrrreerrr ii tt RR E T4M TM M ►A rt 1r CAY 1lM1r '{~UM~rr VIAA 9451 /AV 1T13M1? IR CsU~N;Tr •r$A![ 14MStMtC1UNTN -•C~RsUNrt fr• •IA!_t TO 8 s s H yy C tai. i4.1 w 1aTAL Moll 2T lbS.+~ 25 445.22 tf T$AR TOT It. R!►OiT NT JUIII$bIC1100 ;'All'" 14 L~t~t't'tX COUNTY t3fNTT r r......r....r..r.rrrrr.....r.r ► OUT $4E40004 .........rr....r.r.r.r... ` rrrrrrrr 0141 rrr...r.pp. rr.r. rr rrrrrrrr ~AV ~ r.r.rwrrprr. 1144 $Aie TAX HUNT ►C~UN~tT ;ASE TAX C ~NT ►C~OYN~TT $A$e TAM ~OYNT ►ciu;i T J:: TOtAL Mott R 31.3! a $3655 e td H to H 0 n t a w w 0 • #ANROOIK Oato$ 03124/10 Neer or Y 1VICs lock i 111900tC o0os t l13lipl 1ontJurr0laYctt ApprA/o1 n Q011i1tr nsut cntt oto11 Llst -N- Loss e ae•. Address Zip tp16 ~KCAI Ooocri lion Jugi0dictloe Acceunl1t #V0 or IO Nu*bor1:114190 Correntl lots n lity Tor Week C:untyom r l0/0 or APR-16 MILLf4* LANNY ► 0 IOx 331 AUSTIN Tx 71767 All" ACRES 240 Lot $ ILK 1 200 006?$1 10.000 4, 4.6 total 4441r 1..13 14.08 SAIGINT► DaRRYI 404 GLENCOVE VICTORIA ix 77901 AJjll ACRES NO LOT 6 ILK 2 0110011 20-000 Total ~ 44 98. 1141:11 131:38 M CLEMSON* JERRY L PO sox 5066 AUSTIN Tx 71767 JA`ES AKIN A-4 ILK 6 00110000400 !0.000 9S.44 03.44 H 130.30 q1 JAM 64 ES AKIN A-4 ILK 7 00120000100 30.001 11.07 76007 H 114.07 P3 JA 34 MES AKIN A•4 ILK I 00420000600 30-002 1104+1 11441 16411? JIMIS AKIN A-4 ILK 9 00120000700 30.003 3t.1t 39.91 17650 JA4ES Ail IN A-4 ILK t0 00120000100 30-004 p 2 total 2 5: 2 ti$:~i1 411:11 UNRENOllEO RITURN J'A'iES ArIN A•4 ILK 11 00120000000 40.000 111.' 1ite1 2 0 ` IOLTON► A U IT A 109 402 CARROLLTON T1 73000 JAM 1 11 AKIN A06 ILK 316 ty 0021 30-000 . Total 1:: AUSTIN RIVEROAxS CLUI IT 3 lox 315 AUSTIN Tx 71101 AM S. AKIN A-3 00110000201 60.000 3 7rr 3 t 1}3e ! l*lol ~3:7i ~3:~1 130:91 o•tet 01121/!e t~'~ap4K : MaCr erl~rr Y+o•XMa et4 ~ A t•nr It leffp``• urttf lttl n p• nMu nt ~•teil Lift •N- L/li~~ C•n~rp[ ~pproYfei 0 ftritt Vogel Defcri tie" Address Juri•dictLen Atteun` Number 10 Number Comments T010f tip Cep or t ii{e fAM #ef• ief• f•r e} q Y•er C ty seheo CCeu~ty a 1•Yif most a■ ApRie S•AYEo T S AKIN A-1 00140000e00 10-000 RtTURN Total }d • }a : 3b . ItcKUORTNi JAYTON 814 MAIN IELTON TK 18511 ►AYOUY A MAMSRA AOON LOe ILK 1 0 14 0001 40.000 TNO TZARS PER MONTH 9 .1 :1S to y4. • OL ~ 4. : : • 4i W 4. 4• : : t• # oil .4 .4 .4 4 • 4 64 1 • 4 : y • :~4 .4 .b 4 • • 4 teia I A 7 11: > 1Se: i 11: } re :~•!eys~.k'~'R^"=`.'4 '*qt" `t A;-1 1- ...y4. r'T.~(° cs+. lR'r. ";^r,' -r€ M MIL LVMR EXHIBIT E»i MCCRRARY, VLfSLKA. KCK & ALLEN, P.C, AT1'OQNCYS, AT LAW P0. sox eesso ALO"k. T[MAs 707e6 MOOO ~cRSAR7 a►ts w+►r csxTStR #%tLMiNM1AJ,VMLKA NeemALCOPASD COWS J, CUJ*rr NCK SUITS W MARVrV it, ALLS" AU07M1, T[xAe 70731 •Ae07 wauP J. TYLM February 14. 1986 ARIA G00a s+e aL*VU T. swAes DBLINQUFNT TAI NOTICE AS 1.9044 MRARO M, PALOMO orCo~1. City of Denton,*& municipal corporation R0"RT M. MUaY ACCOUNT #2 000000-0000-000-00 DO': JOHN 111 WEST FIRST PROPERTY DESCRIPTION DENTON, TEXAS 76201 LOT 1, BLOCK 1, FIRS! ADDITION CITY 00 DENTON YEAR(S) DUE: 1982 - 1985 TOTAL DUE1 X111.11 IF PAID DURING March, 1986 Dear Taxpayers . You are hereby advised that this office has been retained to collect delinquent ad valorem taxes due the above tax jurisdiction. An examination of the delinquent tax records reveals there are delinquent taxes on property assessed in your name. The property description, years due, and the amount due have been set forth for your convenience. If you have reason to believe that your taxes are paid, or this notice has been sent to you in error, please forward your cancelled checks, tax receipts or other evidence of payment to the tax office so the records may be verified. If you have sold the real property, or wish to discuss this delinquency with a representative of this office, please notify the Tax Office. Since previous notices of this delinquency may not have reacted yout ao further action will be taken by this office, provided payment is made by the close of business March 14, 1986. Please make your payment to the City of Denton, and send to City of Denton, 215 8. McKinney, Denton, Texas 76201. PLEASE RETURN THIS LETTER TO THE TAX OFFICE WITH YOUR PAYMENT. Very truly yours, Jack Mo0reary f y}"£'~ T,.S 4eS ^y. .ik'~.1'.:=i . _'t., ice. ,.iq•...eYjP.~ DEN1lfD LETTER EXHIBIT E-ff MCCRtARY. VRDRLKA, Dacx ALLrN, P.C. ATTORNEYS AT LAW PC WX agm ALNMK TCNAa 707se4mm MCCR[ARV 9koin" 1, Vt044KA eATa wAy DWV 1 J• s~LaTT sscK February 14, 1986 sets eA{.OOh~►A WNVR SUM soo #4ARVCY N. ALLEN DZLINQUENT `TAX NOTICE AYaTIN, Tax" 76"1..4807 ►+11u►J.TYUM City of Denton, a municipal corporation Aft"00045is GAAM T T. ONAgO 44144,441 6"ARb M, PAWN* ow C0~1' ROor" M. Huey DOE JOHN PROPERTY DESCRIPTION: 111 WEST FIRST LOT 10 BLOCK 1, FIRST' ADDITION DENTON, TEXAS 76201 CITY OF DENTON ACCT 0: 000000-0000-000-00 , YEARS? DUE: 82 - 85 TOTAL DtlE: $111.11 IF PAID DURING March, 1986 Hear Taxpayer: A previous notice has been seat concerning delinquent ad valorem taxes due on property assessed in your name. A recent examiotitioa of the delinquent tax records reveals these taxes remain due CL,y of Denton. The property descr.ption, years due and the amount due have been set forth for your convenience. We are again taking this opportunity to Bail this delinquency to your attention and request voluntary remittance of the delinquent taxes. This will further advise that unless the taxes are paid by the close of business March 6, 19860 it will be necessary to file suit seeking foreclosure of the tax lien. The filing of a tax suit incurs additional costs. Please make your payment to the City of Denton, and send to City of Denton, 215 E. McKinney, Denton, Texas 76201. PLEASE RETURN THIS LETTER TO THE TAX OFFICE WITH YOUR PAYMENT, Very truly yours, Jack McCreary JN:GB:so cc: City of Denton, 215 E. McKinney, Denton, Texas 76201, e.x t` ~ r. 4 . ' LIMMLDER UMTltR IDIT E-iii MCCM, MRY, VKSCLKA. HECK & ALLEN. P.C. AT C)OW lYS AT LAW P.O. sox Is P 8 4 Ausnw, htus 787994090 Il MOCRa'ARV 4AYN MAY C9NT9R a9929 MALCOM" ORW9 1. cLL10 Owls MARVKV M. AUXN February li, 1986 AU*T* TOXAS70"1.4a87 PMIL$P J. TrL[R AR9A COOS 912 W LO9RT t. ORAOO A 1.00" oERARO M. PALOMO of io-iA L " Rose" M. HUEY Mr. John Doe 111 hest First Denton, Texas 76201 Res Property Descriptions Lot 1, Block 1, First Addition to the City of Denton, Denton County, Texas, Account 1000000-0000-000-00 Dear Mr. Does The above described property is to be processed for foreclosure sale for delinquent taxes due the taxing jurisdiction meutioaed below. The amount if paid during the month of February, 19869 is as follows: 1982 - 1985 $109.52 City of Denton • During my investigation of the property and records, I have discovered that you hold a recorded lien on this property. It will be necessary, therefore, that you be included as a party to the foreclosure suit. If the lien has been released i.~r transferred to another party, please advise us accordingly, in order that you will not be included in the suit. Unless ws have been advised within ten days that the lien has been released or transferred, suit will be prepared on this property for the foreclosure of delinquent taxes and you will be named as a defendant. If you desire any further information, please do not hesitate to contact as. Your immediate attention in this natter will be appreciated. Sincerely, Jack McCreary JM:GBsso cc: City of Denton, 213 E. McKinney, Denton, Texas 76201 i ' s 'ysY;, .s:~n a•- .a'.w 'e'R a - +'°c i;f. r'°` _ '-r s'.,. e:- PAY OR 8" Ism it -EXHISIT E-iv MCCRCAmY. VVWLKA. GECK & ALUM, P.C. ATTCH"WY! AT LAW P-0. Box 24"0 AuSrk UXAS 741164000 K MCC49AMV 4AT9 WAY CKW94 OLMIJAW J V686"A feat DALC0009 Whys J. 4LLOTf 8sC11 WITS Soo HARVtV M. ALLS" ALNMWl. TUXAf 78721.4&07 PMILIP J. TYLSW February 14, 1986 AIWA coos 011: MUM" T. MIA44 {01-00" "NAM M. PAAA300 OF COUPWL 0009WT M. MUtY Mr. John Doe 111 Best First Denton, Texas 76201 Re: Cause No. 11,111, City of Denton, a municipal corporation at al vs. John Doe, District Court, Denton County, Texas Property Description: Lot 1, Block 10 First Addition to the City of Denton, Denton County, Texas, Account #000000-0000-000-00 Dear Mr. Doe: You have been previously notified that the above mentioned suit has been filed for the taxes due. A recent check of the records indicates taxes due as follows if paid during the month of February, 19861 1982 - 1985 $109.52 City of Denton This will inform you that unless these taxes are paid immediately, it will be necessary to request a setting of the Court to seek Judgment in the above mentioned Cause. Your remittance should be made directly to the City of Denton. If the Court Costs (such as filing fees, sheriff's fees, ate.) have not been paid, the suit cannot be dismissed. Please contact the Clark of the District for the amount due, sincerely, Jack McCreary JMIGB:so cc: City of Denton, 215 E. McKinney, Denton, Texad 76201 _ .~t s a a F A 1., EXHIBIT P-i PETITION No. CITY OF DENTONO A MUNICIPAL CMPMATLON ET AL VS. GERALD DONALD DAMS IN 7HE DISTRICT COMT OF DEMdQ rMa, TEXAS 'M THE 1 ONMA1fI.E JUDGE OF SAID COURT: Now coves City of Denton, a wmiciW corporatlm, which brims this action for itself and for the use and befit of all political suldivisian for which it collacto taxes, hereinafter called plaintiff(s), and for cause of action Plaintiff (a) would show the Cast the following: I. DefwAatits are: Gerald Donald Dabbs, 2028 West 13th, Denton, Dantco County, Twee, 76?A1, if living, and if any or all of the above nosed Defandants be dew, the u*wwm heirs of each or all of said above nosed parsons who any be dead; and the unknown heirs of the u*wwa heirs of sold above nsned , and the w~ owwr or owners of the hereinafter described and the executors, adsiniou 'my , guardisnes legal - , legatees, and in d Asse"vet of the above nosed described persons, ~ or claim some interest real situated in said corny. Puparty, rhsoh is The residanices of the above need persona, except wheeze stated, sad the nasn of the above mentia»d u*mowa heirs, wkkh a heirs of the idmown hain and unknown owner or owners, and the executors, adsinintraton, guardians) lag ~va, legato" and devisees, are udm~ M to the attorney fer II. That as to each tract "epwrately assessed: That there are del taxes justly due, wing and unpaid against the property deecri an Cc10as k which is bade part of the allegatims of this Petition for the years and in the mounts as follows, to-wit: a n. EXHIBIT F-i. SCHCXAE DMZN: UE[sf TAXES DUE City of Denton, a wnicipal coq rstian ACCOLW N XBO: 01380002000 PRDPFRTY DCOMPTION: Lot 10 Block 6, Bell View Addition to the City of Denton, Denton Cmity, Texan WED RFFEWCE: Volume 100, Page 296, of the Mechanics and Materials= Lion Records of Dentin qty, Texas ID NLMBMi 60KC71K ll&"107000000300 ASSESSED NOME: Dobbs, ,Terry Don YEAR DUE BASE TAX PEN $A INT TOTAL 1973 8.70 9.18 17.88 1974 8.70 8.66 17.36 1973 8.70 8.13 16.83 1975 8,70 7.61 16.31 1977 8.70 7.09 13.79 1978 8.70 6.57 15.27 1979 8.70 6.05 14,75 1980 6.70 5.52 14.22 1981 8.70 5.31 14.01 1982 8.7~ 4.26 12.96 1983 8.70 3.22 11.92 1984 7.22 1.81 9.03 ...y.......... . 102.92 73.41 176.33 Sec. 33.07 PONALTY/A'1ZOWVS FMS 26.45 ..........MM MOUNT DUE IN 02/86 202.78 =AL MCUNT DUE City of Denton, a uunicipal corporation BIKE TAX PEN 1A UU TMAL 102.92 73.41 176.33 Sac. 33.07 PENALTY/ATTCaNVIS PEES 26.45 MOUNT DUE IN 02/86 202.78 MOUNT DUE IN 03186 203.96 TOPAZ. MOUNT DUE IN SUIT BASE TAX PEN & INT TOTAL 102.92 73.41 176.33 Sac. 33.07 P94ALTY/477LRNEY'S EEM 26.45 MOUNT DUE IN 02/86 202.78 MCLW DUE IN 03/86 203.96 EXHIBIT F-iii III. That all said teas were authorised by law and each political subdivision in whose behalf this suit is brought we legally constituted and authorised to levyo assess and collect the soma and all of said tams were duly and 1 y levied and assessed against said real property and the owners thereof (if hnnown), and Plaintiff(o) now have and assert a lien on each tract of real property described and mentioned above to secure the payment of all taxas, penalties, interest, and fifteen per cent attorney's fans and costs due threw, and all things required by law to be dose have been duly and legally performed by the proper officials. IV. On January 1 of each of the years for which taxes are shown to be due, each item of property listed and described thersin was situated within the corporate limits of the Plaintiff (s) and liable for and subject to taxation by PlWntiff(a) by virtue of the laws of the State of Texas. Each item or parcel of such property was, for taxation, duly and legally rendered by and assessed against the persons, firms, or corporations, respectively, for each delinquent year, which persons, firms or corporations were on the lot day of January of such year the lawful owners of such property, and in the alternative, Plaintiff(s) say that if the property was not rendered by the Defendant, that the said property was assessed for taxation by the Assessor and Collector of taxes as is required by the Statutes of the State of Texas. V. The attorney whose nape is signed hereto is legally authorized and empowared to institute and prosecute this action on behalf of the Plaintiff(a). Plaintiff(s) are authorised by law to recover fifteen per cent of all taxes, and interest as attorney's fees. V1. Plaintiff (s) have incurred certain eotpsatses in data and information as to the name, identity, and locate of necessary parties and in procuring necessary legal descriptions of the property, which wWwas are reasonable, and are shown on Schadule A as Abstractor's Cost, for which Plaintiff(s) pray for ,judgnent as costs of court. VII. WHMEFM, Plaintiff(s) pray ,judamsrn against defendants for the total em mt of said taxes, together with all penalties, interest, fifteen par cant attorney's fees sod costs and other taxes or expenses that may be or become legally due and owing under the provisions of Sections 33.42 33.48 and 33.07 of the Property Tax Coda together with foreclosure of the tax lieu against the above described real astate, secvrirg the mount against each tract of real estate abow described, and for personal ,judgeont against said defendants attar any personal property described above at the time same we assessed tar taxation for amounts shown to be due on it, together with all costs of suit. NcMMY, VESEIKA, BZX 4 AU.F O P.C. Attorneys for Plaintiff(s) P.O. Boa 26990 Austin, Texas 78755 512-451-9666 BY Shelburne 3. W"-M State Bar 020555300 EXHIBIT G-i CATBE NO. IN THE DISTRICT OOLRtT OF Di'Nnw cmwN, TEXAS CITY OF DEMON, A MUNICIPAL CORPORATION ET AL VS. GERALD DONALD DABS CITATTCN BY PO60M SERVICE IN DEUHN DENT TAX SUIT ISSUED CLEW s DISTRICT CaRtr DEMON COUNTY, TEXAS BY , Deputy Filed amp DISTRICT COMT DENM COUNTY, TEXAS MCCREARY, VESELKA, BRX 6 ALLEN] P.C. Attorneys at Law P.O, Box 26990 Austin, Taxes 78755 SHERIFF'S RETURN CAME M HAND on the day of , 19 , at o c oc M., arw exec C~ounty;ty'Fwmp by delivering em of the within nand defendants ' TN PERSON, a true copy of this citation, at the following times and places, to-wit: NAME OF DEF84DANT MONTH DAY YEAR HOUR MIN. M/EM WHERE SERVED FEE for Ssrvioe ~ ALTERNATE RE 1M IF DEFENDANT NOR' SERVED CAME TO HAND on the day of , 19 , at o' cR c~_- M. , and a er us a i ant searci, 1 haw Ti to locate-Uie within named defendants County, nor haw I been able to learn their whereabouts. i By Deputy County, Texas EXHIBIT G4--ii i W STATE OF TEXAB CITATION DM: QM4r TAX SLMT . TO: Gn-&W Donald 18 bast 13th i , DentoCounty T9t 76201 Defendant , GUMMN3: YOU ARE HMMY C0144"M Tot appear by filing a written acswer before the Honorable District Court, Judicial District, Denton County , Texes,~at the C*zdwu-"-o7 "'said County in Denton, Tiow, at or before lac clock A.M. of the Monday :next after the expiration of 20 days from the data of service of this citation then and there to answer in writing the petition of the City of Denton, a municipal oCorporation, Plaintiff (a), filed in said Court on the day r 19 , against Gerald Donald D q"T1"4 r any or of tZW-26ve named defendants be dead, the unknown hairs of each or a:l of said above named persons who cry be dead, and the unianown heirs of the unknown heirs of said above need persons, sand the unknown owner or owners of the hereinafter described land, and the womxore, administrators, gg r legal representatives, legatees, aiddrAseas of theabow nroedpersav► Defendants, the nature of which dsm;W is a suit to collect delinquent ad wnlos+em taxes on the property hereinafter described, said suit being rnaxbered an the docket of said Court number , 7ha total amount of taxes due PlaiM-aT T,-; xi % of interest, penalties, costa, and attorney's fees is the sum of $102.920 said property being more particularly described as shown on the attached The defendant to whom this citation is directed own the following property included in said suit: ALL, sad the total &moutnt surd for on suchh property is as shown on attached schedule, and all coats of Court. Plaintiff(s) and all other taxing units %ft may set nap their tax claims therein seek recovery of delinquent ad valorem taxes on the property harsinbcwe described, and in addition to the texas, all intareat, penalties, costa, and fifteen per cent attorney's fees allowed by law thereon up to and includira the day of )udpmt hersin and the establishment and foreclosure of liens securing the neyment o th All e sane as provided by law. parties to this suit, including Intterwnor(s), shell take notice that claim not Plaintiff(s), to Qdeh were delinquent on said property at the ties this suit was filed, but all taxes becoming delinquent thereon at shy time thareafter up to the day of JucW nt, including all interest, penalties, coats, and attorneys fees allowed by law thereon, may, upon request therefore, be recovered heroin without further citation or notice to any parties herein, and all acid parties shall take notice of and hereafter answer to all claims end p l""@ now on file and which may ht'rea be filed in tr s cause by all other parties hereto, and by all of those taxing ;nits above named, who say irxuww herein ad aft up their respective tax claims against said props If this citation is not served within 40 drys after the date of its isstannce, it shall be returned usaervad, the officer executing this r*tx.zn shall promptly serve the same according to the requiremmnts of law cud the mandates hereof and make due raturn as the law directs. Issuad and given under my hand 4)d seal of said Court at Denton, HTaxes, this the day of , 19 ~Cl 0 t t 0 on County, Texas EXHIBIT G-iii SCE MULE DCZNWW TAXES DUE City of Drnton, a municipal corporation ACCOUNT UMBER: 01380002000 PRMWY DESCRIMCN: lot 1, Block 6, Ball View Addition ts, the City of Denton, Denton Cou ty Texas DEW REFEREIM. Volum 100, Pago 296, of the Mechanics and Material= Ltaa Records of Denton County Tax" M NMM. 60KC71K 1I.8888~107000000300 ASSFSSED NME: Dobbs, Jerry Don YEAR DUE BABE TAX PEN & INT TOTAL 1973 8.70 9.18 17,88 1974 8.70 8.66 17,36 1975 8.70 8.13 16.83 1976 8.70 7.61 16.31 1977 8.70 7.09 15.79 1978 8.70 6.57 15.27 1979 8.70 6.05 14.75 1980 8.70 5.52 14.22 1961 8.70 5.31 14.01 1982 8.70 4.26 12.96 1983 8.70 3.22 11.92 1964 7.22 1.81 9.03 102.92 73.41 176,33 See. 33.07 PENALTY/ ATTORNEY' S FEES 26.45 w.... MOUNT DUE IN 02/86 202.78 • ~w***# TOTAL MOiI<Pl` DUE City of Denton, a mm' ipal corporation BASE TAX PEN & INT TOTAL 102.92 73.41 176.33 Sec. 33.07 PENALTY/ A'I10 M' S PENS 26.45 MOUNT DUE IN 02/86 202.78 MCUNT DUE IN 03/86 203.96 TOTAL MCUNT DUE IN SUIT BASE TAX PEN & INT TOTAL 102.92 73.41 176.33 Sec. 33.07 PENALTY/ATORNEY'S FENS 26.45 r. MCUNT DUE IN 02/86 202,78 MOUNT DUE IN 03/86 203.96 CRY Delinquency Classifications Judgment/Couse (29.8X) In Progress (30.3x) r~ H f1~ H x Oth4O (5.85x) Bankruptcy (2.05x) Returned (32x) • Persond Lens over 65 Tox ate: Payouts Errore EXHIBIT I $MIS FICA!? BY OS/09/86 City of Denton, a mniripal corporation L COSTS/ L ST4NS L CQlIem L DATE L L cdi:"-- th. 86-3944-1 7017L W 1L n;, ricr ~ L. Smio at uc Sarah Dist ACCT/ L 6 L 3.87 acres out of Abstract is 4 596 of the D. C. Davis L ` Tjocas % r Denton County' ` L SM Svd: David L. Smith at uc Sarah is 6&-U/L L 6 L L Cam Wo. a 86-3945.1 J" Huno Munoz at ux Patricia L PAID & b t ACCTf 4 6 L k L Iota A17 L B18, Block 3, ksmber one Addition, L L L Denton County, Taxes L L Svd~ Jos Reyes Mw= at ux L04/15/86i8MWD Di wd L 04/18/866WIPL T L ~ L L Co®aut umber 86-3945.1 45DL764 1 000 Only Patricia was served; R-0/L on Joss* Cause ro. 84-39461 45CD:UWQI 04 T& . Jonathan E..Doe at ux Samantha L DUES L L t ACCT/ L & L L L L Lou 171 180 19, 20 Block 70, L L L Oriai:nal Townsite to the city L L L ux nenton, Denton County, L L L Thxa. I L L L Svd; JonaMan E. Doe at ux Samantha L LR-0/L L L L Cause W. 6 84-397-1 45DL65E L t Mary Gratta L DUE L L ACCTN L L L Lots 1 L 20 Block 95, f6 L G OsiRinal Townsite to the city L Of Benton, Denton County, L L L AOC # rrttyy ~ & Personal rx 4 of & s grvowpvahiclaoonsisticE L L L Svd: Mary Gratta W07/b6LS}3l O L L L L L L L EXHIBIT J-i PETITION No. CITY OF DENTON, A MUNICIPAL CORPORATION ET AL V8. LCRA SAM ET AL IN 7W DISTRICT CaXT OF DENM COUNTY, TFAB TO THE HONDRABU JUDGE OF SAID COURT: Now coma City of Denton, a municipal corporation, wt>uh s this action for itself and for the use and benefit of all political~~ subdivisions for which it collects taxer, hereinafter called Plaintiff(s), and for caw of action Plaintiff(s) would show the Cow t the following: I, 17M 005: Defendants: Lora Sall, 1905 Plantersville, Houton, Harris Casty, Tax", 77001 Property Description: Lot 259 Block 8, Bellvie:w Addition to ohs City of Denton, Denton , Tom Deed Reference: Volume 550 a 290, of the Deed Racords of Denton County, Texas Account NAA*r: 01380007500 ID Number: 005015005 City of Denton, a municipal corporation 1973-1961,1984 $237.49 Tax 172.26 P 6 I 61.46 Atty Fee 0471.21 Total ITEM 010: Defendants: Carol Am Mathison, 1810 Charleston Drive, Templet Ball County, Texaa, 75601; Daniel Mathison, 1810 Charleston Drive, Teeple, Bell County, Tabor, 75601 Prop* Denton, Mahn: Lot 14, Teblock xas 9, Beilview Addition to the cDad Reference: Volume 221, fts 980 of the Deed of 'trust Records of Denton County Texas Accost Number: ID bi r: 0100O15 City of Denton, a municipal corporation 1970-1984 $192.89 Tax 161.99 P 6 I 53.23 Atty Fes $406.11 Total EXHIBIT J-ii 17M 015: Defendants: Ahonda Jur%, 519 zut 88th, La Anbelas, California, 90003 Prcpot*y Description: lot 150 block 9, ballview Addition to the City of Denton, Dsntoo Courttyl TIMAS Deed Reference: Volume 99, a 288, of the Deed Records of Dalton CuntyO Tax" Account Nmb4i: 01380008700 ID Haber: 015500005 City of Denton, a masnicipal corporation 1473-1976,1978,1983-1984 $95.39 Tax 55.54 P G 1 22.64 Atty Fee $173.57 Total InM 020: Defendants: Anthony Nelson, hair to the Estate of A. T. Nelson, Deceased, 3402 Fast Cedar, Dallas, Dallas Cowty Taxes, 75201; Jaen Nelson, heir to the Estate of A. T. Nelson, ~ecaased, 228 East Garland Blvd, Dallas, Dallas County, Tow, 75201, Barry William Nelson, heir to the Fatato of A. T. Nelsaa, Deceased, BOZO Woot Rtallaire, Fort Worth, Tarrant County, Taxaa, 76102 Property Description: Lot 4, Block 10, Rellview Addition to the City of Denton, Denton County, Texas Decd Reference. Volume 238, Page 109, of the Deed Records of Denton Accent t r~ : T 1380009400 ID Umber: 020100005 i City of Denton, a oaazicipul corporation 1965-.1984 $431.21 Tax 357.51 P i 1 118.31 Atty Fee $907.03 Total IM 025: Defendants: Woodrow Dray, 2525 Nsrth Fiat, Austin, Travis County, Texan, 78701; T. J. Forester, 8032 Callahan Lane, Austin, Travis County, Taxes, 78767 Property Boni Denton Block T;11, Ballviaa Addition to the City of ~Reference: Volume 85, Page 295, of the Deed Records of Cou nty► Twas Accent Number: 01380010400 ID Umber: 025150005 City of Denton, a msnicipal corporation 1951,1953-1960,1973-197S,1980,1983 $194.11 T;ax 218.58 P 6 1 61.90 Atty Fee err.......... $474.59 Total IM 030: Defendants: Rineld Miller, 1926 Parker, Austin, Travis County, Texas, 78715 Property Description: Lot 13, block 41 rellview Addition to the City of Denton, Denton County, Tow Deed Reference: Volume 193, Page 153, of the Deed Records of Denton County, Taws Arrant Number: 01380000900 ID Umber. 030500000 EXHIBIT J-iii City of Denton, a swaiclpal corporation 1 1964,1966-1969,1971-1962 $368.67 Tax 340.96 P i I 106.44 Atty Fee $816.07 Total ITIM 035: Defendants: hum Monts, 1802 Beachcrest, Los Apgeles, California, 90100, a non-resident who mry be ser%md deli citation, according to M REV. CIV. STAT. ANN., artlIs 203~9b, to: Ron Patterson, State Is- Tax Boac+d, 9501 North IH33, Auatin, Travis County, Um 78 escription: 1110' of Lot 8, all of lot 90 Block 21, R. S.=Js Boulevard Addition to the City of Denton, Denton county 0 Tax" Deed Pleferonm, Voluae 323, Page 120, of the Decd Records of Denton County, Tom Account Number: 01280000340 ID Number: 035500000 City of Denton, a mu;iicipal corporation 1972-1976,1978-1984 $272.71 'fast 197.73 P L I 70.57 Atty Fie $541,01 Total 10 EXHIBIT J-iv Abrtractor's cost: . all of do above named dafandonts brio named herein as awning the about property or an interest in the show property show below their names and for the yam and in the amounts shown due, all the L"oing. Property being locatod in City, Independent School District, Cocsnty, Terms, if living, and if any or all of the above named defardants be deed, the udmmm heirs of each or all of amid above named psrc m who may be dead; and the uniasowa hairs of the unkno%m heirs of 4a14 above &WdbW Ind; and the mocutors, administrators, guardians, legal reprmsentativas, lgptaea, and devisaea of the above named persons, who own or claim some interest in the hersisWbow described real property 4dch is situated in said County. 'IM reaidences of the above named persona, except whM stated, and the names of the above mentioned wknown heirs, nssitnown heirs of the W MM hairs and u*-on n owner or owners, and the expeutora, administrators, iano, legal representatives, 1egato" And devises, are un~ to the attorney filing this aunt. II. 7het as to each tract separately assessed: 'fiat there we delinquent taxes justly due, owing, and unpaid against the property described above std set opposite the armed defendants, for the ytars and in the amounts as shesewn. III. 'That all said taxes were authorised by law and each political subdivision in whose behalf this suit is brought wen legally constituted and authorized to lavy, assess and collect mfr area and all of said taxes were duly and legally laviad and sasaasad against said real property and the owners thereof (if imams) and Plaintiff (a) now haw and assert a limn on each tract of real PrcPert7' described and mentioned above to secure the t of all taxes, penalties, interest, fifteen per cant attorneyBies sod costs due thereon; sod all things required by law to be der have been duly and legally perfonmsd by the proper officials. IV. 'That all of said above described real estate was, at the time said taxes were assassad, located M thin the boundaries of the Plaintiff (a) and of Denton County and each political subdivision in 4vae behalf this suit is bro%at. V. fie attorney whnosa name is signed hereto is legally authoised and smpowered to institute and prosecute this action on behalf of Plaintiff(s). Plaintiff(s) are authorisad by law to recover fifteen per coat of all taxes, penaltias, and interest as attorney's bees. VI. Plaintiff(s) have incsated certain expenses in procuring data and information as to the new, identity, and location of necessary parties and in procuring necessary legal descriptions of the property, 'wi ats wan e"onnablo am an fo b Above as Judgment as costs of court. VII. Plainntiff(a) pray Judgment against Dafindame for the fatal sensor of said texts, together with all penalties, interact, WNW per oarnt attorney's fees 0 and costs and OdW Charyea or MISIT J-v e1enss d ut mey be or become legally due end owlN under the pwvisioae of Sections 33.42, 33. and 33.07 of the Property Tax Coded gather with foraalown of the tan lion a8alast th* &Wm real state ss!s ja8aiost each tracoof real estate above described, sad ud8aecrt defsedrnts ~ any pwaoul mm per prp~y described +*c►weat the ties aee vas aoaessed for taxation for amounts shoirn to be due m it, together with all costs of suit. NcKxMY, VESnK4 BBEC i AIIMP P.C. ~P.O 26for ftaNLff(s) Austin Taxes 78755 512:ZR-9W by 3581TM~i 1. .e. State Bar 020555500 • 0 CAUSEJURISDICTION DATE OF SALE PARCELS SOLD IN !RUST DOLLARS REALIZED 83- 29 City a Morten 3-85 19 18 1 901 69.28 693 city o A ne -85 11 8 3 658.48 5 5 -A Itasca ISD 12-84ti 0 0 0 5050.00 4692" art an ISD 10- 12 0 57 245.0 T-5043 - Midland 6-86 37 11 13 2R787.00 T-3264 Howard county ro ected 8-8 49 10 019.61 7647 Athens ISD 7-86 4 3 209. 6 83 City a Marshall -86 34 3 0 94965,00 84c726775 Lubbock CAD 2-86 5 25 0 8 3 0.00 5106 C t a Comanche 3-86 9 6 0 C294,99 101,511-C Bel CAD 4-86 8 8 0 20 00.00 84-3-386 Calhoun Count 8-85 32 32 0 30.00 86-832-C ''City of Teas le 4-85 24 24 0 18 502.75 A-1524 C t o Seagraves 0-85 7 6 1 5o235.00 m 39.06 -A Ta or Co, -86 36 26 1 20j600,00 4780 Madisonville ISD 2-852 2 0 10 3 5.00 DT- 8 Throckmorton ISD 12-8 9 1 6j571.13 1327 Va ent ne ISD 2-85 13 8 5 l o676.41 23 402 city o Br an 7-85 30 29 47o550.00 2651 Terrell Ca 0-84 1 2 1 7t255.18 99 727-C Bell CAD 2-85 31 24 8 9,197.14 10,544 Colorado ISD 0-84 3 0 3 -0- 603 M ton ISD 10-84 41 3 6 U5, 3 2684-A Mexia ISD -86 8 11 2j630.50 6392 Knox Count 8-85 16 9 7 2 *670,92 24 400 00 25 1 33t726 C t o Palestine 12-85 84-C-1677 City of 'f'exar ana 8-05 ' 2 8 4 7 060.99 8J-C7- 8 city o 'i'exar~ 2-84 5 0 605.00 5 4 City o Texarkana 12-8 52 2 37 28 347.00 5.1 0 Bailey Count 449 29 0 5 29. 0 388 Muleshoe ISD - 63 58 5 3t827,00 3560 Muleshoe ISD 4-09 -0- TOTALS s 790 E 479 J,,,„_ 212 j $ 371, 6 3 7.05 *NOTBs 32 Sales Involving 28 Jurisdibtions SALES OF VACANT AND ABANDONED PROP,UT1 EXHIBIT L"i CAUSE ND. 2025-T CITY OF Dh1P=t A MUMCIPAL CATION ET AL, VS. SAM Dnm IN ME 167H D1S'L = CURT OF DE{PIt'PI CU)MTO TEXAS JUDGMENT U IT Rsll*MMO that on May 7, 1%60 cave on to be hssrd in D tan order the abow ixsDbe vd and entitled caws, wherein City of Diller- icorporations we Plaintiff(s), and wherein Sarah ARE DEFMAbM if livi%o and if my or all of the above-nand the w heirs each of all of said above-nand persons who my, be dead, and the u*lmm hairs of the u dux*m hairs of said above ~rpersons , and the unknown owner ur owners of tha hereinafter sad the -oacutors, mWinistlrators, guardian, ~al rep tea, l. ~a and drAseas of the above need rsons i and all parsons owning or haviM or claiming any interest in . in accand w~iith Ruda 061 (~a~Tion Ma e prooess ,ass Defendants. 'ibis cause cooing on for trial can Plaintiff(a) and all of said, parties amnounoed ready for trial and as to all Defendants, including those Defendants Sarah Diller, who were duly and personally served with p s, but failed to appear and answer and ly soda dafaultputhe Cann is of the opinion and finds that~Plafafdti(a) NaderdoffSali IS _ for ndabe~ d -0 and P ~lainttift~) mr~ the Court to dismiss without prejudice any parties not named above and all properties not listed below, it was to ordered, and a jury being waived, the parties submitted all matters of controversy, buck of fact and of laws to the court without the interventiaa oft Jury. and evidence was submitted ccocarnning the ownership and title or ter property hereinafter described, and the inventory -stets, assessment rolls and delinquent tax ncards of plaintiff(g) above named wens introduced in evidance, and evidence was submitted M to the value of the strsiitfter described property; and the Court having heard the the op~and finds evidence to Rlawas~ argument of counsel is of the The above-nomad Defendants who appeared or who were served with citation in this cause, wan the owners of record of the hereinafter thereto dean pch , at rapert a ytime oOr were f the institution scm , title or interest ion of suit and at this time. Said qwas located within the boundaries of plainitiff(8)pupon data when the taxes hereinafter found to be due were asaeaaad. fiery an rata pualtiss, in>tanst, and costs due, , and unpaid to PlaUciff (a) in the amounts harembelow sat cut ~ the hereinafter described pr+aperCq. Said taxi-, psWtiM, in>ssxret and Coststconsti on each , V4114 and substatint lien is fervor of Plain (8) p pae payment of the taw~M, time interest and costs harstinafter adjudged to be due ;guar tech property hereinafter desc 1bed, which tail lian is prior and ssnperim to all claims, right, titL, iata+aet or Was asserted by uq of the parties defendant hrrero. EX8191T L-ii ow~q~IT IS 'hlliEPORB MDMo *A== AND Dh~WD VAT thane is do, tbs fOlllwAij ea:i es of~~s)p oaiWtCOPOCLO , interest which they all dslir:qusnt YT's add attorney's fees in the rant prescribed by Isar upon the following described PrOWCy as set out in the Schedule imedistal followl%► toladw with inte~nst at the rata of ton per cant an all of said sues frog date wttil paid, tacit: SCHEDULE "A" Delinquent taxes, penalty, intarmt, fifteen per cant attonry's foes and coat due for which judgsent is herein rendered coveriM all yam delinquent at the data of this jucirsnt. SCHEDL E AOCOLMT NMBER: 00560008800 PROM= DEMPTION: Lots 2, 3 Block 19, kxxWale Addition to the City of Dented, Denton Count y, + DEW RQOMM: Volum 85, Pege 23, of the Deed Records of Denton COJWY► Tixaa ID MMBEE: 6024WM ASSISSED NME: Diller, Sarah =248.06 City of Denton, a awaicipal corporation MUWM VAUM - s._ All of the foregoire property being located in Denton, Denton Colnty► TM". Mstraator's Coat: IT IS !lIMn Off, ADEDOID AND D8~= 'WAT pl&intiff(a) do heve and rrcovier udgssnt for all sum set out is the foregoigg s incurred chedule, together with all o sts of suit end sale now or hereafter cn as includi% to the nom, abstract idecosts nti i n location Sacurixg data fo necessary infarestl parties and the necessary legal description of the above described pp~ ty, Y such abstract oats are .era particularly sat out in Plaiff(s)' petition an file herein. In the event err or glare of the Defendants shall pay off and discharge all of the mounts herain adJudged to be due against one or acne tracts, prior to the holding of the foreclosure sale hereinafter decreed, such Dafandsnt shall & liable only for the pro rata pert of the accrued cats properly chargeable to such tract or tracts' but the to the foreclosure sala in this cause shall be led payssr~t of all accrued costs of suit and sale, and any resides shall be distributed pro rata to Plaintiff(s) as provided by law. Asrtiss dm4 ated as lianholders shall incur no personal liability. AV IT IS PUhi1lO CRDMW, ADA= AND DhE;M 7W a lift exists on each property, for the semot of taxes, inUMt, PWAlti" MW costs herein adjudged to be dus on asch property, which lion is a lions d superior Iia:. eo all claim, right, title irwamt, or Plaintiff(s) have foreclosure of their lies each prorty " against all the Defendants harem or any person claiming under the said Defendants by any d r:4# sc pecdirg this suit; that an CRcorM OF SALE be of said by Co the Sheriff or any County. aaem iliag such officer to seize, levy upon and advertise the sale of each pu , and to sell the ss~a to the hitlfat bidder for cash, a undertiaa, provided ttha~t nods of s which to a psM to the suit,Aforr Low tthen the aaou~e of tlismit adjud ed value of the property or the aggralsta ser+u:t of the ,}uch;asnt egainst the property in said suit, whlrhsvar is lower; the EXHIBIT L-iii edged value, or reasaebie fails at vllne, of this v sett this Court, is ahoay by the f%nkg 8dwduleo asdp ~ mount is shown on the Schedule in dmefor, the Court found the value to be grestar then then ass . of the udgsant for which aggr%ata the prxras ty shill be sold. If the in person or by Attorney ahell at airy tine before the $ga, file with the Sheriff, or other off:w in whces hands this order of sale shall be pplaced, a written request that the property described therein shell be divided and sold in leas trecta then the whole, together with a description of said subdivisions, then such officer shall sell the property in such cubdivisio s as the DdwAsnt ray request, and in such case shell only sell as many subdivisioe as necessary to satisfy this ju ISosrtt, intarast, sold casts, the net proceeds of any sale of such property rode hnvuWw to any ply other tuna taxing unit who is a party to this suit to be applied to satisfy the proceeds joscAw aid lieu foreclosed and above the aoonn' but any spay the e taxes due, defray the costs of suit and sale and other =p to NWW t sable aSainst said property, shall be paid to the legally untitled to such axcw; that the owner of such pprroprrty, or anyone hfi irl an innterest therein, or their heirs, assigns, or representatives, say radsea such property in the tine Bard aemar~l prescribed by law; that the officer Pew m*ing the Order of Sale shall Peaks p=roper conveYance to the purchaser or purchasers of said cif bboopfOChe-evirstst oa O1~thee pericid of such right of ~i by law no person who is entitled to tedesa the said property has enoeroised the right of redseptiaa then a writ of possaesion shall be issued to the purchase at foreclosurs Sala or his essiSm by the Clark of this Court within twenty (20) days after the period of TWIN tioa shall hew expired, ordering the Sheriff or officers to place the purchaser or psochseen, or theirp , axacutors, assigns or adainistrators in possession of the property to pu: ch a ed in accordencs with the laws of the State of Taxes. All relief prayed for in any of the pladings in this saute which is not specifically granted by this judgas1 is hsrsby denied. SIG= this the day of ~ 19 i EXHIBIT L-iv CUE RD, =5-T CITY CE DOM$ A MKCIPAL CCItpM=CN LPT AL VS. S" DI= IN THE 16TH DISTRICT =ItT (W DPNrM CCOMi'Y, 71M NY= DVAMT 71A undarsisnsd, as Attoxnsy for the Plaintiff(s) in th W. mubeivd aid entitled cause, doe hreGy cartitj, that th at knmm aa"'M address of the Party against whom jutmont is taken its Sarah Diller 333 Meadow Lark Wetodav Tom 77901 Car" w hnd d" the day of 19_„_. EXHIBIT L-v CAM ND. 2033-T CITY Olr DES no 4WAUVAL CORPCAATYOMT AL VS. SARAH DIWR IN IM 16TH DLSZ= COLRT or DW= COMNo TEXAS AWIRACT or JID lxr Do ntan County, Tax" TKIR 19 at o'clock M. Damon County, Tom S7r woputy EXHIBIT L-vi ABSTRACT Or aiowr To STa1t ar WA CODMY Or DO= Is Jon! Smith, District Clerk of Denton County, Tom, do hsu<eiby certify that in a certain suit pending in said Court, nAnerufn City of Denton, a anicipal corporation, were Plaintiff(s), and Sarah Diller, 333 Meadow Lark, Dentin, Tuxes, WON NdW% sent in Cause No. 2033-T, the said Plainaiff(a) recovered Judpaft against said Defeodent on May 140 19662 as follows: Plaintiff, City of Denton, a sunicipal corporation, for the sea of #304.77, thereon being a total suo of $304.77 with interest from May 14, 19860 at the rate of tan per snot, at -A$ costa of suit. Said Judgment is of record in Voluse , Page , Records of said Court. Said Am*sent is entitled to the followLng credits, to wit: There is saw Still des on said Judgment the sera of $304.77 with • interest on said amoesnt from May 14, 1986, at the rate of tan per ant, and 0, coats of suit. Given under my hand at office, in Dsaton, Texas, this the day of , 19 Dorton County, Texas 'ltiE STATE Or TEXAS cam or is ~ of TMOSO certify that NA tracts of record in or office on the day of war r19 at o' clack M. ' a wss to y W 14 ~ Page J, Aszz of Judgasots of day of at o'clock M., and ww'T" at th same t an aryl upon t1iIn" u of said :ludgswnt Record, shows th names of each Plaintiff and each Defecdant in said Judgment, and eh numbers of the pages of the book upon which said &street is recorded. Witness my hand and seal of offira, this ~ dry of 19 Clerk County, Texas BY. I EXHIBIT Mi UA Brae t ►11tt/sa., sa►at11ie► t~, tlas CRY tax raiders visit 4 companies DoUnquent tabs paid by owners " bo wW , AttiW *I* • aatrt aH11e arU► + i rrrg: this eauaual1118 WOO to aa1~ at C" of Ilanww p . eitta k* MW v1 ~~w ua YiY~ 4 ~e'ra p+ad t. t+1ae ttrlr ►re►. • ~ ~ 1 a;: w any INS" W" POW w w w ~ Asia me) imy too OW for e«Irtry wwtru 5 N N 1111 Mt N1awletlt Capt. T1'aM Davit of ~ tb Hinta Owaty AYeMet 1 ww ' '!W as ate WMI Atr1M OMa ! atW11~tNM a warul tq► . vim= t L Wi ~ Nnt b til/ 7led wood 1w led waw/w tt s, +ow i.N ftf,~7t~ri M du s seek, Wt, WW N.A. MMwa+. d*6.w W 0 c 0~ 1Mw lyu w Ytvwwlaey w w w k. Twy herd smom low w1111►r betaawaM wt by ttaa w elan 61 :06 WANO Ortw, tartrr , anal is this Pant m yw+. Item !MN On. at We l1WW . aaa aa1 in r Oavu Idd MW Jim idrart11t at M Lae. W IaY wogralsat. jam Ja• shah OWN attar am. MM~t11rata M are f"m ttw immodE Smith wt/ tM bttartaawbw awp MaM M a war w w MWt• wm aq.wva. tam eta err cart saw, N "!Ny WON :=611" tfte ar , Mwatxri WA 0" Is" WAVII N w rrtUatlM INOW w SW, out" ism City Artmop WW t1mea da. sIVO MI aMrY daYaw11W um co§WAaa W• Oavta an W Shah PaatN w Nn, aak w auy As11N111 d No aY 11111 ravwaat W W brYdibp W11Ne'a ~r~aet 9 1>twaaaey rut as a so wkm d aMr► t' W 1W da «n -6NW"sN . taart rattan M w bm" aalnd by an is Nat. We am am w" bt t#a w~ty aWtrubla't 111NOa bnttn. Ni1M AvY. su1M11 OW Oom M W a anr111 wNd that wM WENK Jwtab11 drw* 1A at bu* a/ Ate SL. L11Warw#rrt atid. N pt a wa11lae'a titer W W 0 aiLha N dAw"m mm, t W i1111111111111 team ammo- OA *W&W Im mule 4111P111. to Awasspismit, Row 1101111111 WW" Saala m am cow bed 1nlwt btMab a YW AP bM Paid w uan dw MOW a«dwrgr Miss ~a m ~ TAI do" y MA.~reta a OW*M COW am r, tN brgrw~ar t. .haw as pan pa. W rm a abwtt w tadlbwl MM. ~MtwalaM au rri aLWrd~ maawwdr w Wish ar w airy w agar law Or aaY ti111 aMy no am Imm Nat oft is Su. ~~eewa~~ww~Ml by J. s1 ~a~ttrs Ms dal aM Paf ~111r 30 shalt af.ldaOaaN. iaaaa bW wwa MI MblgtMat (w Are. arrant cow 0 00 Nmuo "W, fb mow Y a4 tat► eaa/abiw N 4~/ Nt tbaa11 w1"Ams. la Opt! WIMua. be 111" ~r Jawaba tatlivweal tN ""M "M OW" Par is to Isva w aatrwaala al bw~raawpreel 04mi t es la , a nWaaM lr 111tw W fAi ►an rm= u W mm WOOL am to : ' 11q dhftb tlt Nr/ aaab apraaaaY aMb tY aky. Y r,►awi. w. ~t EXHIBIT N%-ii ONx } V J ni K!1 1w srsw sera am TMP*T" . rAl' 8 X96 :Bell ounty Appraisal District Seizes Some ffl- s F gg gmPment For 'T'axes a71C The ytORS 57001"Pan" this week to purchase the no company ewes $61.004 in aL~I.TON-Theadl County assists once the foredo. Polo" property taxes -which A~pprra" District mabsd dti~xp~nft the complet d.+~ ideaw4w of rho apprassal dtstsiet bar attoosyte d OqUIPISOM mi. two 'rosy im one of three Wants of orim ti es were not ralearad. to soeure tlu+oupb the seixm-and i}nterUllional Inc. on Thursday for ier "d T" wa=rms, 00,000 in real and business proper. .V§Yn mt of back two and penal, Tax Ammor-Collector Tony We the nscords show. .ties Vuliap I". xook said be and a dwerffs dew. aocause back taxes on raw Prop. marry Met: Viet president and b ass k' a tax watraru to Zwk in erty, such as real wrists, runain • enorr►1 maaa6er of the adton• person Thursday and posted with aoompanYWhen kissold, she utwtwwof scAool Attu- awtiees of aeiam on the chore of appraisal district did not wire any iturs, said the taxes would be pan. Phut No.100 North Swr $&set in rW P"arty,, lloosu said. • epee a tomdosure on the pond Salton, one of three plants old The bads taxes are owod to the tl aay•s assets is eompleted adinthepounq'bytbocosttpany c* aNtos, the SWIM school dloose said the mottoes are to on. district and doll County. The taxes sure payaam! by Ali pu• became 1. Tbo "imm me not Prev" yrj tonal property laddo the plantuoK y". plow opentioas. Lrle ann.. ftwbdop wUo d outside of the Z" add the 00, amny, which . "We have not ,topped opm. OPlftiAMJ diet rkt's Juriodkiion. 140 werkwk is aspoctsd •~WW" lark said. "Iri egsumsa to 'mm 0puiw dirtriat Mod suit in to Continue operatin j .pnce rho alloa, On all our a 4wL" %U County dia♦HQt win on r~~ ~ . , f '~Il lonsalcavre sale has been srbo• AP9G 16 noWnd 104.6 back um «I/o one ha. MY hstesWms of Aded far TWW&y an the sfepe of $10,404 owed by WW lamer. mains it and sow" it doom,"he dais aati Ceumy Costrtheuse doe the wstiao+st lno. as .yeasts at awoompa~y~ 2b* Pend. lbcords wieausd by the oppruis. TM kneloarte would allow the '-fth" •losta+a amu OLM,aim of , el dirtrkt sMw ft sum M bas in. aoatpoW to Gall its assists to Inter. Union sam Walfrst lank •aeseed to $1$1,461 as of _ Thursday ~ ltottsteo. N.A., whkh m ,;~tottsW4 NA. ..AQIWAW sum Bids said two Pr!oyps ltaMSOrwde y tea" Pwiftes and _ two wtdisclosed saw to oos:ef the .~.=r+ `s^ s.. T r r I_. ' (rte ',1S } tom{ h♦ 1 1 , Ill-W C.piysv~,¢t. s`}i .+~5w.°ir:,,y~L.an•,y~ a tq^° } .'f• Y •i.4~ . : e Jae'. l_ L r 'i s. Jr . k K 11 nl+f G . r y ~L C .r' D J. a i„ r 7MOOM C. HUKE f 1 ArKON" A LAW Jaw 1 p A ►ROiE0610NA1 CORPORATION 1220 NORTH MAIN STREET, SUITE 0300 FORT WORTH, TEXAS 7006 { OtHIODONE C. WAR ANA CODE 411 MAN{ A. 8UINIO00Hf btb-i00i 10 June 1986 Mr. John F. McGrane Director of Finance CITY OF DENTON Municipal Building 215 E..McKinney Street Denton, TX 76201 Dear Mr. McGrane: On behalf of the members and staff at Theodore C. Huke, P.C., I wish to thank the City of Denton for your request for proposal sent to me by letter dated May 20, 1986. I am very interested in having my firm become the delinquent tax attorneys for the City. I am also quite enthusiastic about the prospect of expanding our already extensive tax collections program we have developed and established in Denton County over the last ten years. Included in this, my response to your request for proposal, will be all of the information identified as required in your May 20 letter and package. I have also enclosed a short but descrip- tive narrative that explains our approach to delinquent tax col- lections and sets out some of the reasons why I feel that this laoo firm is unsurpassed in 1) effectiveness, 2) service and support of our taxing authorities, and 3) satisfaction of both our clients and the taxpayers with whom we have had direct dealings as a result of our collections efforts. I believe in pursuing delinquent accounts aggressively to gain prompt payment; but I also recognize the need to act fairly and courteously in dealing with the public, especially on the scale suggested by your 25,000 potential annual delinquent accounts figure. I very much hope to meet with you and the other City officials involved in the selection process at your convenience in the near future, Please let me know if I may be of any further service rela- tive to this proposal or your ongoing procedure of selection, Sincerely your , Theodore C. Huke /tjo 7 LAM FIRM EXPERIENCE . (City Criteria Nos. 1, 2 (part), 3 (part), 5 and 6) The firm of Theodore C. Huke, P.C.: has had a level of experi- ence in ad valorem tax collections unmatched in Denton County. After working for some ten years almost exclusively in Denton County for a number of taxing jurisdictions, we are completely familiar with all necessary research and legal processing facili- ties, as well as contact personnel, in the County Deed Records office, the District Courts and County Courts at Law, the District Clerk's office, the Denton County Appraisal District, and the Denton County Plat Depn-tment. Our personnel are well known to the employees in each of t;k,ese offices, have well established lines of communication with them, and have developed 4n excellent working relationship in order to allow us to perform our legal processing for our jurisdictions with the greatest flexibility, speed and efficiency. Our firm has historically concentrated its tax collection efforts almost exclusively in Denton County, Currently we repre- sent as tax attorneys the following Denton County taxing authorities: Lewisville Independent School District Lake Dallas Independent School District 0 Little Elm Independent School District Town of Flower Mound City of Lake Dallas/Lake Cities Municipal Utilities Authority City of Little Elm We are also tax attorneys for Arp Independent School District and just recently acquired the City of Arp as a client, in Smith County, Texas. Until 1983, when we decided not to seek a renewal of the exist- ing contract, we were also employed as tax attorneys for Frisco Independent School District located in Collin County, Texas. Our experience in Denton County has additionally included a period from 1980 - 1982 during which our research staff was employed by Denton County through its County Attorney, Jerry Cobb, and later its tax attorney, John Narsutis (now one of the three District Judges in Denton). During this period the County was able to reduce its number of delinquent accounts by nearly 900 due in large part to the concentrated research efforts utilized. This sane technique was employed in a southeast Texas County to reduce total delinquent accounts from approximately 48,000 to 10,000 accounts in three years. i Law Firm Experience Page 2 • The computer system and software used by this firm has vir- tually an unlimited capacity for expansion without requiring sig- nificant hardware or programming changes. The City of Denton's delinquency roll will not "overtax" our processing capability, Further, through use of computer generated statements, records keeping, etc., our present staff has the ability to add numerous additional taxing jurisdictions to our clients list without being overburdened. Even so, we feel a responsibility to maintain our high degree of direct personal contact between our office and tax clients, and to this end we do plan to add to our staff upon execu- tion of a tax attorney contract with the City of Denton by estab- lishing an office in Denton. LAM FIRM PROGRAM TO ENFORCE COLLECTIONS (City Criteria Nos. 2 [part], 3 [partj, 4, 5 and 6) Theodore C. Huke, P.C., takes an agressive approach to collections, within guidelines that would be first approved by the City, while giving taxpayers every reasonable prior notice and opportunity to resolve their tax debts before attachment of court and other costs of collections. The objective is to induce early recovery of the greatest sum of delinquent taxes possible, without any cost to our taxing jurisdiction for our collection efforts. M oche costs incurred on accounts turned over to us are either absorbed by us or are paid by the taxpayer over the taxes, penalty and interest being paid to you as our tax client. We have been extremely successful in our collections program. We have been able, for example, to achieve and maintain a consistant 100% overall rate of collections each year at Lewisville I.S.D. for a number of years. For this reason, the School Distrint is free to base its budget upon collection of 100% of taxes assessed each year. Although we try tD gain early payment of taxes by,attE,-?ting to notify every delinquent taxpayer before we take each significant step in legal processing, sometimes persistent delinquencies or the size of a particular delinquency prompts taxing jurisdictions to decide to foreclose upon property to satisfy the tax debt. We have recently completed foreclosure proceedings upon a group of delin- quencies for Lewisville I.S.D., the Town of Flower Mound, and the Lake Dallas consolidated tax office as a result of this process. Of course, none of the additional costs of foreclosure are paid by our tax clientele. We are currently continuing the program for foreclosure and judgment of delinquent accounts. (See attachment #2) This firm also takes a very personal approach in catering to the needs of our jurisdictions. We can do this in that we have a relatively small number of such clients while we possess a great deal of capacity for expansion. An example of our direct involvement with our jurisdictions is Arp I.S.D. near Tyler, Texas. When they recentl%, faced the sudden and unexpected loss of their tax assessor-coller.-tor, one of our attorneys volunteered his services as well as that of our staff to aid they new tax assessor-collector in assuming those duties. As a result, the potentially severe impact of the loss was helped to be minimized and an excellent rapport was initiated, built upon the security of knowing that we can and will support them when called upon. The free flow of communications which we encourage between our jurisdictions and our attorneys, researchers or other staff aids our jurisdictions not only in transition upon loss of key personnel but also in the areas of problem resolution, answering taxpayer Law Firm Program to Enforce Collections Page 2 questions or complaints, expediting steps being taken to enforce collections, and in general seeing to it that the particular needs of each jurisdiction are being fully satisfied. This facet of our firm's character I believe sets us apart from any of the "larger" firms which often must service dozens of tax clients per attorney. Since we extend this attitude of personal contact to dealing directly with taxpayers with legal questions regarding their taxes, an addi- tional burden is relieved from the tax offices of our clients. Theodore C. Huke, P.C. has devoted much in the way of time and resources developing a computerized collections program that is equal or superior to any in this state. Every quarter our f'%•m delivers to each of our jurisdictions an updated delinquent tax roll as it stands with our firm, including a breakdown of rttorney's fees, all court and other costs which are added to the tax, penalty and interest computed for the upcoming three months. This roll reflects all research as to the property owner name(s)► mortgage lienholder, addresses, etc. Further, the current step being taken in legal proceedings is identified for each tax account. All general communications and notices sent out to taxpayers by this office are accompanied by printed tax statements with full legal descriptions of the property at issue, identification of costs due, and separate computations for the current and following month of delinquency, as well as other relevant information. We encourage contact with our office on any legal question that might arise while simultaneously trying to explain the legal consequences surrounding our actions and their possible inaction in anticipation of taxpayer questions. Since we perform collections processing upon every account and not just the large dollar accounts, a toll free telephone line will be established to permit inexpensive tax- payer contact directly with this firm. Perhaps the single most important aspuct to you of the program being proposed by our firm is our flexibility to suit your daily and/or program-wide needs. We have the capability to perform any of the enforcement techniques permitted under the Texas Property Tax Code for specific accounts as well as on a volume basis. We are more than willing to act upon your suggestions on ways to improve collections; and any significant step taken by our firm in the program will be coordinated with the appropriate tax office personnel prior to implementation. Another point is raised by your Criteria no. 4 on the first attachment to your May 20, 1986 letter to our firm. It is our intent to hold the City harmless for any and all fees, costs and penalties assessed on behalf of Theodore C. Huke, P.C., or its sub- contractors. This includes any Texas Property Tax Code §33.07 additional penalty which my be received by the firm on accounts prior to the 1985 tax year. If any of these costs are deemed invalid • and must be repaid, we shallkn no way hold the City responsible for our repayment thereof, We shall execute a "hold-harmless" agreement in order to verify this position upon request. , RINAIN1 MISCELLANEOUS INFORMATION The City's+;request for proposal identifies a number of areas of emphasis as well as required information to be provided by each "bidding" law firm. That information not already provided else- where in this proposal by Theodore C. Huke, P.C., is to follow: 1. Staff: Two attorneys responsible for tax work; one full time and one part-time secretary; one computer operator/ researcher (with some six years of experience performing Denton County ad valorem tax work exclusively); and, upon execution of a contract with the City, at minimum 1 - 2 research personnel as needed. This firm has abided by all hiring guidelines set out by the EEOC in employing women and minorities, and shall continue to do so as attorneys for the City of Denton. We currently employ two males and two females full-time, and a female part-time employee. We have employed black staff members in the past, and cur- rently have an oriental female computer operator/researcher. 2. Resume's of key magerial staff assigned to the City: The resume's of Mark A. Burroughs, attorney, and Tina V. Eagle, computer operator/researcher, are attached. 3. Proposed scope of services to be rendered: the narrative attached is supplemented by an overview of your directives entitled "The Law Firm Will", which will immediately follow this section on Miscellaneous Information. 4. Suggested Evaluative Performance Criteria: a) an overall 100% rate of collection for the year (meaning 1008 of the current year's tax assessment has been collected by the tax year's end) to be achieved by the and of the second year; b) no additional costs of collection incurred by the City on accounts turned over to us; c) establishment of a positive, direct and routinized working relationship be- tween the law firm and the tax office; d) no major sur- prises in the timing or substance of our performance. The Law Firm Will: Perform all of the items 1 - 23 listed in your attachment to the May 20, 1986 request for proposal. In addition, Theodore C. Huke, P.C. will, if desired: 1. Provide complete, updated delinquency registers on a quarterly basis for use by the City in determining all amounts owed by every delinquent account still outstanding and for all years of delinquency for identifyino new addresses or other information relative to interested Miscellaneous Information Page 2 parties to the delinquent property (result of our research), the current status of lawsuits or other legal steps being taken to enforce collections, the cause numbers and other relevant information related to suits filed, bankruptcy information, whether addresses shown for owners or lien- holders have been found to be incorrect, and other pertinent facts. 2. Provide upon request computer-generated listings of delin- quent accounts by dollar amounts owed, all accounts owed by a single individual or group, or other such criteria. ' 3. Provide immediate, over-the-phone status updates upon request on particular accounts. 4. Handle all filings and maintain the case files on all tax- payer bankruptcies which involve delinquent accounts turned over to our firm, and keep the tax office updated on the results of claims filed. 5. Provide basic forms to the City tax office for easy updating of delinquent accounts as to name, address or property descriptions as well as payment information. 6. Provide instruction as needed and upon request regarding legal questions related to the collection's effort or use of our quarterly delinquent tax registers, or other topics on which we or our other taxing authorities have experience and expertise. 7. Obtain not only ownership records on suited accounts, but perform plat card, Appraisal District, telephone directory, and/or other research functions on accounts whether or not suited; and all costs of research will either be a'osorbed by our firm or, as is appropriate, passed on to ttie tax- payer as a cost of court under Property Tax Code §33.48. (see Research Record, attachment #l) 8. Design a method of assuring, to the highest degree of con- fidence possible, that taxes actually collected meet or exceed tax projections based upont a) an analysis of the delinquent tax roll performed simultaneously by in-house staff and our law firm; b) a review of past efforts made and collections rates obtained on delinquent accounts by the City; c) establishment of a reasonable and likely pro- jected rate of collections; d) the establishment of a six- month review to be conducted by the law firm with the cooperation of the City's in-house staff to compare pro- jected and actual rates of collection; e) obtain full cooperation of the City in permitting the filing and procs- cution of lawsuits as generally deemed necessary in order to meet projected fiscal year collections after the six- month review; f) evaluate methods of projecting collections Miscellaneous information Page 3 based upon the efforts and methods employed by the law firm attempting to gain collections, actual taxpayers response to procedures used to induce payment, and other applicable criteria. 9. Provide for the possibility of merging other City assess- ments into enforcement proceedings being taken regarding delinquent taxes. 10. Aid the City in assuring its compliance with all require- ments of §33.07 of the Property Tax Code, as well as other pertinent Code provisions. CURRENT REFERENCES . (City Criteria No. 2 {part)) Stephanie Tumlison, Chief Tax Officier, Lewisville I.S.D.t Dr. Clayton Downing, Superintendent, Lewisville I.S.D. Address: Post Office Box 337 - Tax Office Post Office Box 217 - Superintendent's Office Lewisville, TX 75067 Phone: Metro 724-8006 or (214) 539-1551 Anna Bradt, Tax Assessor-Collector, Lake Dallas Consolidated Tax Office Bob Jameson, Superintendent, Lake Dallas I.S.D. Address: Post Office Box 457 - Tax Office Post Office Box 548 - Superintendent's Office Lake Dallas, TX 75065 Phone: (•817) 497-4013 - Tax Office (817) 497-4039 - Superintendent's office Joe Rogers, former Tax Assessor-Collector, Lewisville I.S.D., present Chief Appraiser, Denton County Appraisal District Address: Post Office Box 2816 Denton, TX 76201 Phone: (817) 566-0904 Chuck Springer, Assistant City Manager, Town of Flower Mound Address: 2121 Cross Timbers Road Flower Mounb, TX 75028 Phone: (214; 539-8511 Judy Hutson, Tax Assessor-Collector, City of Little Elm and Little Elm I.S.D. Address; Post Office Box 338 Little Elm, TX 75068 Phone: (214) 434-1126 (metro) Linda Foster, 'Pax Assessor-Collector, Arp I.S.D. Gera Roseburot Superintendent, Arp I.S.D. Address: Post Office Box 86 - Tax Office Post Office Box 70 - Superintendent's Office Arp, TX 75750 Phor.,: (214) 859-2621 - Tax Office (214) 859-4917 - Superintendent's Office Jerry Cobb, Denton County District Attorney Address Carroll Courts Building Denton, TX 76201 Phone: Metro 430-1751 ATTO Y TO ZZ ASSIGM6D AS PRIMARY CONTACT TO TU CITY OP DM 24Ms RESUME NAME: Mark A. Burroughs ADDRESS: 1305 Alexis Drive, Apt. 4326 Fort Worth, TX 76112 TELEPHONE: (817) 275-2860 BACKGROUND Has been associated with Theodore C. Huke, P.C. for approximately 4 years now. Worked exclusively in delinquent ad valorem tax col- lections programs in Houston for seven months prior, to relocation in North Texas in early 1983. From 1983 to the present, has been the principal attorney respons- ible for direct contact with taxpayers and with the firm's taxing authorities in Denton County. In legal processing of delinquencies, has experience in performing all essential steps from researching accounts up to and including trial and foreclosure proceedings against property subject to outstanding taxes in Denton County. REFERENCES Having extensive personal contact with the tax offices of all clients of Theodore C. Huke, P.C., personal reference information may be obtained from any of these identified in the law firm's reference list. PERSONAL DATA Date of Birth: November 3, 1957 Marital Status: Single Education: BBA received in 1979 from Stephen F. Austin State University: Law degree, J.D., received in 1982 from the University of Texas at Austin i ay*~e r.-a r 1. ~i r Vv.., rn"+FTIJi. h 4 .I ' 'Y 2 1 1 'F. To in Cs" (W gal NA1ME: Tina Marie (Vidrine) Eagle • ADDRESSs P.O.-Box 735 Ramhorn !sill Rd, Newark, Texas 76071 TELEPHONE: (817) 489-2181 EDUCATION Completed 25 semester hours of basic studies at Tarrant County Junior College, Northwest Campus, 4801 Marine Creek Parkway, Fort Worth, Texas. Attended 12 years in the Castleberry Independent School District, graduating from Castleberry High School, 215 Churchill Road, Fort Worth, Texas in 1978. Member of the National Honor Society. Completed 2 years of Home Economics Cooperative Education (HECE) at Castleberry High School, 215 Churchill Road, Fort Worth, Texas. Vice-President of HECE in 1978. EXPERIENCE 11/80 - Present . Title Researcher/Computer Operator TIMODORE C. 8=0 P . C e ATTORNEY AT LAM 1220 North Main Street, Suite 300 Fort Worth, TX 76106, (817) 625-9009 CONTACT: Mark A. Burroughs RESPONSIBILITIES include performing land title searches consisting of searching tax office records and Courthouse deed records to determine the owners of property for the collection of delin- quent taxes; preparation and filing of tax lawsuits and preparation and issuing of citations; complete operation and control of an IBM Personal computer with an Alloy 32 megabyte Hard Disk and Info- scribe matrix printer. Computer duties ip:lude all initial data ,entry and updating of account status, ordering computer supplies, running all office printouts and working with computer programmer to correct malfunctions and set up new computer abilities, Other office responsibilities include preparing bulk mailings consisting of the operation of a Pitney Bowes postage meter and also a Pitney Bowes letter folding machine, ordering supplies and meeting mail schedules. All responsibilities are taken with little or no supervision. Dut to considerable, personal contact with tax office personnel, any of the foregoing references shall be helpful . in providing personal reference data. Stephanie Tumlison Chief tax Officer, Lewisville ISD P.0. Box 337 Lewisville, Texas 75067 (metro) 724-6006 Anna Bradt, Assessor/Collector Lake Dallas ISO P.0. Box 457 Lake Dallas, Tx 75065 (817) 497-4013 Paula Rainey Denton County Plat Dept Assistant Manager 300 E. McKinney Denton, Texas 76201 (817) 382-7933 PERSONAL DATA Date of Birth: 2_/11/60 SEX: Female HEIGHT: 515 WEIGHTS 105 HAIR: Brown EYESs Brown MARITAL STATUS: Married ETHNIC BACKGROUND: American/Japanese z 77 CONTRACT FOR THE COLLECTION OF - DELINQUENT TAXES THE STATE OF TEXAS § CITY OF DENTON § THIS CONTRACT is made and entered into by and between the CITY OF DENTON, acting herein by and through its governing body, hereinafter called First Party, and THEODORE C. HUKE, P.C., Attorneys at Law, hereinafter called Second Party. I. First Party agrees to employ and does hereby employ Second Party to enforce by suit or otherwise the collection of delinquent ad valorem taxes, penalty an-d interest owing to First Party. All unpaid delinquent taxes shall become subject to the terms of this contract on July 1 of the current year on real property and February 1 of the current year on personal property. Current year delinquent taxes paid prior to July 1 on real property already under suit for previous years of delinquency shall be subject to payment of all legal fees as specified in the suit. II. Secind Party is to call to the attention of the Collector or other officials any errors, double assessments or other discre- pancies coming under his observation during the progress of the work, and is to intervene on behalf of First Party in all suits for taxes hereafter filed by any taxing unit on property located within its corporate limits. 17, III. First Party agrees to furnish delinquent tax roll to Second Party on all property within the taxing jurisdiction. Second Party will furnish delinquent tax statements and will assume responsibility for having penalty and interest computed on statema<<ts before such statements are mailed to property owners: IV. Second Party agrees to file suit on and reduce to judgment and sale any property located within the county against which a tax lien would prevail, and the Second Party shall have the authority to procure on behalf of First Party the necessary data and information as to the name, identity, and location of the necessary parties, and legal description of the property to be sold. Second Party agrees to sue for recovery of the costs as court costs as provided by Texas Property Tax Code §33.48. V. Second Party agrees to make progress reports to First Party upon request and shall take reasonable action concerning deletion or adjustment of delinquent accounts when proposed by First Party: VI. First Party agrees to pay to Second Party as compensation for services rendered hereunder 15 percent of the amount collected of all delinquent taxes, penalty and interest subject to the terms of this contract actually collected and paid to the .2- collector of taxes after ,7,aly l of the year in which the tax became delinquent, or from February 1 of the current year if a suit is outstanding upon the property for tax delinquency, as and when collected. All compensation provided for herein shall become the property of the Second Party at the time of payment of taxes, penalty, interest and costs to the collector of taxes. The Collector shall pay over said funds monthly by check. VII. This contract is drawn to cover a period of two years beginning , 1986, and ending ,1988, provided however that Second Party shall have an additional . six months to reduce to judgment all suits filed prior to the date of contract expiration or termination, and provided further that Second Party shall handle to conclusion all suits in which trial court judgmwnts are obtained during the period of this contract and which are appealed by any party. In consideration of the terms and compensation herein stated, Second Party hereby accepts said employment and undertakes the performance of this contract as above written. First Party shall have the right to sooner terminate this contract giving thirty (30) days written nor.ice of such intention, In case of such termination, Second Party shall be entitled to receive and retain all. compen- sation accrued under the terms of this contract. i -3- F, - VIII.. If any portion of this contract is deemed unenforceable due to operation of law or otherwise, all remaining provisions shall continue to operate in full force and the parties shall be bound therfeby until the and of the contract term. IX. This contract is executed on behalf of First Party by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed this the day of 1986, in Denton County, Texas. ON BEHALF OF THE CITY OF DENTON By: ATTEST: THEODORE C. HUKE, P.C. By. . Theodore C. Hu e Attorney At Law State Bar ID #10252000 1220 North train, Suite 300 Fort Worth, Texas 76106 ..q- ATTACHMMS w~ „ , ; 'til ,,m>~ hX AUTHORITY: ATTORNSYs t~iARf#AfAAfiAit####lftAAft#f#AfRiAAAARAAAAAAA#A!t#iliAAAAAAfAflAf#lAAAAtRAtf BLINQUENT ACCOUNT: CPTR # I.D.# SUDDIV./ASST. / DASS SLK/TRACT # LOT/SURVEY # ZIP OTHER RARAA#AAAAAAfAtfAA#lAAi#AiiAtAtAA#AAAi#fiAiAfi!!tA!#!#iAAiAiAAi#AAiARAAiAAA!! Research Dates EW DATA: APPRAISAL RE20RDS RANTORs a R4NTEZs DDRESSs Do INST. # VOL/PAGE FILE DATE T: I NS T. # VOL/PAGE / FILE DATE Ls INST. # VOL/PAGEFILE DATE A#f*A#*ifi!#tit###tAAttAAAAtAitAAiAtiA#iAiA!#AtAtAAiAA#AftA#f!t##!#t#t#itAtAttAA ZED OF RECORD DATAs--- DEED OF TRUST DATA: W Research Date: IZE OF LOT/ACRES R~ LOCATION: CITY STREET ADDRESS OUNTY DEED TRANSACTED INs RANTORs RANTEE: ,DDRESS: CITY: STATE: ZIP: ,IENHOLDER: ,DDRESS: CITY STATE ZIP ►ATE OF LIEN AMOUNT $ DATE LIEN EXPIRES 'RUSTEES NAMSs ZED RETURNED TOs ~ ADDRESS: CITY STATE ZIP rIAAAittftf!!ltAiifAAltlAlAAlA!!!!AlAtA!#iAAAAtAitAtAtliltAli#!i*A#R*A#*!A*!Ai#A! MCHANICS LIEN DATA: ADDRESS: STREET a WO* CITY i STATE ZIP .IZNHQLDZR NAME: WDRZS9: CITY STATS 1 ](s.. F[ . < •3 +"f irk h'. ..rf., 1.:4i_`F aY.e THE00M C. HUXL I ArFORMY AT LAW A PROM 04ft COAPORATgM M IM MOUTH MAIN STMI T. SUITE #300 FORT WORTH, TEXAS ?$IN TM[OOOM C. MIACi - 101 MAN A. KWACU*N AMA COOS of W M ithl00~ 1If I 9 May 1986 Ii A r A ~ wM r Dr. Clayton Downing, Superintendent LEWISVILLE INDEPENDENT SCHOOL DISTRICT Post Office Box 217 Lewisville, TX 75067 RE: Status of Lawsuits being prepared for Foreclosure Sale Dear Dr. Downing: I have prepared a schedule for this firm to proceed to foreclosure sale for the following delinquent accounts. To implement this schedule, I would like to have your approval of the proposed letter to be furnished to the local newspaper and the authority to proceed against the defendants listed (see attachments). This procedure will be used, hereafter, on all delin- quent tax accounts. Sincerely, Theodore C. Huke Attorn~oy At Law THEODORE C. NUKE, P.C. /tjo Enclosures STATUS OF PROCESSING DELINQUENT TAX ACCOUNTS Lewisville Independent School District Real Property (District Court) Lawsuits over 5500. 135 delinquent accounts 68 personal citations / 67 posting for publication Superintendent's approval of newspaper listing and write up Publication - 2$ days completed in June, 1986 Trial dates set to begin in July, 1986 and continue into August, 1986. Lawsuits from $200. to $500. Approximately 300 delinquent accounts Two (2) weeks to prepare and complete research and to prepare citations. + Prepare list and write up for newspaper Publication period - July - August, 1986 Trial dates will be set beginning in September, 1986 and continuing into October, 1986. Personal Property (County Court At Law) Lawsuits over $1000. Approximately 50 accounts delinquent Prepare list and write up for newspaper Publication - complete in June, 1986 Trial dates will be met beginning in July, 1986 and con- tinuing into August, 1986. Lewisville Independent School District, represented by the law firm of Theodore C. Nuke, P.C., is preparing to move forward in its legal proceedings' against numerous properties within the district for nonpayment of school taxes. The names listed below reflect the pro- perty owners as set out in the certified tax records or the Denton County deed records that have been turned in for immediate service of citation and Court proceedings. Full descriptions of the properties involved are being posted at the Denton County Courthouse, Carroll Courts Building, in Denton. The objective of the proceedings will be the inevitable sale of the properties to satisfy the tax debts. The taxes owed for each of the properties have remained out- standing for over one year, It is the responsibility of every owner of real estate and of taxable business and certain other personal pro- perty to identify and pay the property taxes which become due emch year on their property. once a tax goes delinquent, penalties and interest are added on a monthly basis, in addition to attorney's fees, court and other costs that also may accrua. Payment of all of these costs must be made prior to a cessation of the legal proceedings initiated. Several unsuccessful attempts have been made to contact the responsible owners and gain a resolution to the delinquent accounts. Suits have previously been filed on these properties to foreclose the tax liens which had automatically become attached under provisions of the Texas Constitution and Property Tax Code, A necessary step in the foreclosure process is a notification of suit given by the Court through the Denton County Sheriff's office or the District Clerk. It is for this purpose that public notices are being posted at the County Courthouse. These notices (citations) will remain posted for a period r of not less than 28 days, after which, if all other prerequisites have been fulfilled, trials may commence seeking foreclosure and sale of the subject properties. Each property owner should also realize that if taxes on their property are also delinquent for Denton County, or the city, town or other taxing entity in which their property may lie, then these also must be separately satisfied in order to avoid potential tax sales by these Districts, Information as to other additional taxing jurisdictions in which each property is located may be deter- mined by contacting the Denton County Appraisal District, The names of the property owners of record -,i these tax delin- quencies now being cited by posting are as follows3 Alaburda, Christopher A, Haden, Kurt Bartley, Thomas M. Beaver Hall Inv. Ltd. Blanton, John R. Blanton, Sally S. Boliver, Moneta Brown a Henderson Brown, Howard Bush, Jimmie L. Campbell, Richey G. R W Carpenter Inv. #28 Chong, Cho Ok Conrad, Jerry etal, Corona, Roberto G. Dalton, W. H. Dennis, Andrew Dennis, Jo Engle, Albert F. . Fetters, Brent J. TR Hackler, Jerry L. Hassman, Gary C. MD Hensley, Floyd L. Hughes, James Thomas Hughes, Charlotte Louise Inverwag, A. Kepp, Warren W. and George Bennett Lazo, Eva Joyce LDA EHI, Inc. Lewisville 121 Assoc. Lifemead Development Co. Lisowski, Leslie Mahes inv. Inc. MGPNRG, Ltd. Morgan, Guy Persinger, Thomas Carey kangel, Johnny Roberts, George L. S Romatino Co. Romo, Santos G. Salee, Jerry,'W. Smith, Clarence Smith, Gary c. Stamper, Johnny L. Turner, James Watson, John Wirch, Eunice rATffs Jn»e 24, 19" CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM Lloyd Harrell, City Manager SUBJECT: Adoption of a resolution designating the Animal Control Supervisor as the local health authority for the purpose of carrying out the pro- visions of the Rabies Control Act and applicable ordinances of the City of Denton. RECOI91ENDATIONo The Staff recommends adoption of this resolution. SUMMARY: Although the Animal Control ordinance implies that the Animal Control Supervisor function as the local health authority relative to the Rabies Control Act of 1981, amendments to the Act require a specific appointment from each political jurisdiction. Since the Animal Control Supervisor has been functioning in this role for several years relative to human exposure (animal bites) incidents, we feel that it would be appropriate to continue with our program. ' BACKGROUNDi No additional information. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: i. Animal Control Division. FISCAL IMPACT: None. Respec f-u 'y submitteda loy Harrell City Manager Prepared by: i Hill- ngomo A00 Assistant Director of Public Works Approvedo Bill 9e o Assistant Director of Public Works Vl ~an3 v.~ 1. i. . ES0LUT10N thatWHEREAS, governing body of feachlClty shall ( designate Soue provides to act as the local health authority for the purposes of said statute; and WHEREAS, the City Council of the City of Denton, Texas wishes to comply with thu provisions of said statute; NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION 1. That he nimel Control Supervisor is hereby designated as the local hea au nor yy ore p-urpoaes of Article 1477-6 (a), V,A.T.S. (The Rabies Control Act) to carry out the provisions of the Act and the applicable ordinances of the City of Denton. SECTION It. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1986. . RAY 3TEP1iEW'-Wyb1t CITY OF DENTON, TEXAS ATTEST: S k CITY OF DENTON, TEXAS APPf VED AS TO LEGAL FORM: DEBKA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY. r. 9. • R E S 0 L U T I 0 N WHEREAS, the Texas Legislature acted in a Special Session in the summer of 1984 to address a crisis caused by the deterioration of the 72,000 mile state highway system; a„d WHEREAS, years of neglect resulted in Texas having more obsolete and substandard roads and bridges than any other state; and WHEREAS, lack of state highway funding made it impossible for the State Department of Highways and Public Transportation to adequately maintain and expand roads to serve increasing numbers of vehicles; and WHEREAS, the state's deteriorating highway network threatened the safety, economic health, and quality of life of every Texan; and WHEREAS, the Texas Legislature acted with courage and wisdom to address the highway funding crisis by increasing fees and taxes paid by Texas highway users; and WHEREAS, all of the increase in state highway funds came from increases in the state motor fuel tax, vehicle registration fees, and vehicle sales tax; and WHEREAS, Texas highway users supported these increases in fees and taxes with the understanding that revenues woul,: be used to maintain and improve their roads; and WHEREAS, the diversion of revenues from fees and taxes paid by highway users from the State Highway Fund to general revenues is a breach of faith; and WHEREAS, Texas voters have consistently supported the concept that those who use the highways should pay for them; NOW, THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON; SECTION I. That the City Council of the City of Denton, Texas ask the mem4ers of the Texas Senate and Texas House of Representatives ite ~ X4;4:' t to honor the commitment made in the 1904 Special Session of the Legislature to repair and improve the state's highways. • Essential highway improvement funds must not be diverted to other uses. Projects to prevent traffic accidents, reduce congestion, and improve aobility of all Texans must be completed without delay. SECTION H. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this true day of July, 1986. UT'STEPHENS,, RA"42f1E- CITY OF DENTON. TEXAS ATTEST: CHXRLOTTE ALLEN CITY SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 8!(~ ~ PAGE 2 y l,f Ii b"J. .1 ri(o ,a t 5~f f. 1 I R E S 0 L 0 T I 0 N f WHEREAS, the term of office for Place 3 of the City of Denton. Texas on the Board of Directors of the Texas Municipal • Power Agency will terminate June 30, 1986; and WHEREAS, is heretofore appointed by the City Council of the City of Denton, Texas to Place 3 on the i Board of Directors of the Texas Municipal Power Agency and shall serve as a Director; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION I. Pursuant to the terms and provisions of Ordinance No. 75.22 of the City of Denton, Texas, 11114;! y ,z'ryr is hereby appointed to the two year term of officio to Place 3 on the Board of blrectors of the Texas Kunir.ipal Power Agency. The term of office beginning July 1, 1986 and ending June 30, 1988. SECTION it. This Resolution shall become effective from and after its date of passage, and it is so ordered. PASSED AND APPROVED this the _ day of 1986. RA h H , M CITY OF DENTON, TEXAS ATTEST: CHARLOTTE , CIT7 SECRETARY CITY OF DENTOy, TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCii, CITY ATTORNEY CITY OF DENTON, TEXAS BY: (AM&L r,., ' , .aim a;z..:^'^.. -~,<sr^~'~,r ~!.,;n s-^ -•-~,v+r•m-~., ^'a ~„+ee.,~,q.~n~ r R E S O L U T I O N f WHEREAS, the City Council of the My of Denton unanimously voted, on June 22, 1986, to send a letter to the Board of Trustees of the Flow Regional Medical Center expressing their concern about the conflict of Interest limitations for the new Board and requesting that the new Board voluntarily adopt I stricter standards; NOW THRREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I That the City Council hereby approves the letter attached hereto and incorporated by reference herein and directs the City Secretary to deliver a copy of said letter to each member of the board of Trustees of Flaw Regional Medical Crater; and that this letter shall be entered in the official records of the City of Denton and attached to the Asset Transfer Agreement between the City of Denton, the County of Denton, the Flow Hospital Board of Directors and Flow Regional Medical Center, SECTION 11. That this resolution shall take effect immediately upon its passage and approval, PASSED AND APPROVED this the 1st day of July, 1986. WATITMNS , MAYOR CITY OF DENTON, TEXAS ATTEST: 4 CITY OF DENTON,,TEXAS I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CI'T'Y ATTORNEY CITY OF DENTON, TEXAS BY: a CM Of D11WM, rAWAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 I TELEPHONE (817) 666830E O/Nae of the Mayor July 1, 1986 Frank S. Davila, Jr. Roger D. Nunn, M.D. 2408 Fowler 2621 Woodhaven Denton, Texas 76201 Denton, Texas 76201 J. Raymond David Genevieve Scott 70S Newberry Route 1, Box 30A Pilot Point, Texas 76258 Argyle, Texas 76226 David W. Finch Michael J. Whitten, President P.O. Box 2606 218 North Elm Denton, Texas 762G2 Denton, Texas 76201 Harry M. McClendon, M.D. Ken Newman 521 Bryan Street 3100 Carmel Denton, Texas 76201 Denton, Texas 76205 James R. Killingsworth, Jr. Ph.D. 908 Kings Row Denton, Texas 76201 Dear board Members: On June 19, we, the City Council, voted to approve the Flow Asset Transfer Agreement with the stipulation that a letter be forwarded to all Board Members of Flow Regional Medical Center convAying our concern a`lout the conflict of interest guidelines under which the Board will conduct business. These guidelines were of major concern to many of us throughout the negotiating process and we sincerely hope that you, as members, can appreciate our concerns, which may be summariided as two principles: (1) No Board member abuse the public trust; and (2) That No Board member should profit from, his service on the Board As members of the City Council, we hold positions of trust and are prohibited from having any financial interest, direct or indirect, in the sale of any goods r property, to or from the Flow Regional Medical Center Hoard of Directors July 1, 1986 Page 2 City, or in any contact with the City, For some of us, this has resulted in substantial personal sacrifice. While the new corporation is a private entity, it was created to insure that the public purposes of H,S. Flow's trust be mkintained and that Flow Hospital would not become a for-profit institution, As the general public will not be privy to your decisions, and, as the laws which apply to public officials will not be applicable to your acts, the contract provision is the only mechanism to insure the continued public trust, For a board member to achieve personal financial gain as a result of his service on the Board would denigrate the very purposes sought to be achieved in the transfer. Therefore, it is our strongest recommendation that you voluntarily adopt and incorporate into your bylaws a conflict of interest provision which is similar to the one contained in our City Charter. Although such a provision is more stringent than `hat mandated in the recent contract, it would be in keeping with the goals sought to be achieved. Sincerely, Ray Stephens, Mayor City of Denton, Texas Mayor Pro Tempore Joe G. Alford Councilmember Mark R.Chew Coun,--ilmember Jim R. Alexander Councilmember Linnie McAdams Councilmember Jim Riddlesperger Councilmember Jane H)pkins Flow Regional Medical Center Board of Directors July 1, 1986 Page 3 xc: Judge Buddy Cole commissioner Ruth Tansey Commissioner Bill Switzer Commissioner Sandy Jacobs J t.: . v ; -1 ~M y 1D C/Tyo/DRpli'W, !`!`X" MUNICIPAL BUILDING / DENTbN, TEXAS 76201 / TELEPHONE (817) 566.8200 amce of do city Manager M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager DATE: June 26, 1986 SUBJECT: RECOMMENDATION FOR APPOINTMENT TO THE CIVIL SERVICE COMMISSION For consideration by the City Council, I would recommend that Dr. Derrell Bulls be reappointed to the Civil Service Commission. Terms on the Commission are for three years. Dr. Bulls was appointed to Place 1 in 1983 and is comp),eting his first term. For your information, the other members and their terms are as follows: Place 2 Robert Caldwell 1985-88 Place 3 Jack Miller 1985-88 Thank you for your consideration of this appointment, oy Harrell co i 2266C AGENDA CITY OF DENTON CITY COUNCIL June 19, 1986 Special Called Meeting of the City of Denton City Council on Thursday, June 19, 1986, at 5:00 p.m. in the City Manager's Conference Room in the Municipal Building at which the following items will be considered: S:00 p.m. 1. Receive a report on the stai.us of the proposed asset transfer of Flow Memorial Hospital and consider adoption of an ordinance authorizing entry into an agreement with the County, the Flow Memorial Hospital Board and Fluw Regional Medical Center for the transfer of assets of Flown Memorial Hospital. 2. Consider annual appointment of members to City of Denton boards and commissions. 3. Executive Session: A. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. (see item M 1) B. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. (see item # 2) 1 C B R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the _ day of , 1986 at o'clock MY SECRETRY 2237C r r.' C k`