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HomeMy WebLinkAbout05-20-1986 I 1 I 1 MMED BY: Empire Microfilm Company Dallas, Texas 2 f 4-243-6173 ,f e• AGENDA PACKET CITY COUNCIL 05/20/86 h f I 1 1 , Irh I h AGENDA CITY OF DENTON CITY COUNCIL May 2U, 1986 Regular Meeting of the City of Denton City Council on Tuesday, May 20, 1986, at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: I 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of May 6, 1986. 2. Public Hearings: A. Z-1806. Petition of the City of Denton requesting a change in zoning from the agricultural (A) classification to the single family (SF-7) classification. The tract is 62.474 acres located at the southwest corner of Hickory Creek Road and Fh! 2181 (Teasley Lane). The property is shown in the Venter Survey, Abstract 1315. If the zoning change is approved, the property may be utilized for any land use permitted in the single family (SF-7) classification by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission has no recommendation.) B. Hold a public hearir;g concerning the proposed 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 384 East, and west of Trinity Road. (A-36) 3. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4.A, and 4B.). This listing is provided on the Consent Agenda to allow Council members to discuss any :tem prior to approval of the ordinance. A. Bids and Purcnase Orders: 1. Bid M 9609 - Stuart-Pershing paving/drainage City of Denton City Council Agenda May 20, 1986 Page Two 2. Bid N 9blb - Driveway for Paige Road substation u 3. Bid Y 9617 Lamps, HPS 4. Bid # 9618 Refuse containers B. Tax Refund: 1. Approval of a tax refund to Campus Square Apartment, Ltd. in the amount of $2,911.51. I 4. ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C. Consider adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 239.17 acre tract located west of Bonnie Brae Street, east of Westgate Drive, north I of Payne Drive, and south of U.S. Highway 77. (Z-1789) D. Consider adoption of an ordinance and service plan instituting annexation of approximately 142 acres being part of the Moreau Forrest Survey, ► Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 mile east, of hiayhi11 Road and ending approximately 2,U0U feet east of Trinity Road. ' (A-35) (The Planning and Zoning Commission l recommends approval.) B. Consider adoption of an ordinance and service plan instituting annexation of approximately 299.83 acres between 1-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330. (A-38) (The Planning and Zoning Commission recommends approval.) F. Consider adoption of an ordinance and service plan annexing approximately 103,2 acres beginning adjacent and north of Jim Christal Road, south of U.S. Highway 380 West, approximately 1/2 mile east of E$ an Road and 3/4 mile west of Underwood Road. (A-34) (The Planning and Zoning Commission recommends approval.) r ` City of Denton City Council Agenda May 20, 1986 Page Three G. Consider adoption of an ordinance amending the schedule of fees provided for by Appendix A and B of the Code of ordinances; rep-aling all ordinances in conflict herewith and providing for an effective date. r H. Consider adoption of an ordinance amending Appendix A of the Code of Ordinances of the City of Denton, Texas, by amending the provisions relating to participation and pro rata reimbursement agreements for water and sewer facilities to provide that such agreements shall terminate within one year thereof unless construction of the facilities has begun. (The Public Utility Board recommends approval.) I. Consider adoption of an ordinance approving an agreement providing for the lease of office space at 324 East McKinney Street. 5. Resolutions: A. Consider approval of a resolution amending the Denton Development Guide, as revised, concerning intensity policy at Robinson Road and hoop 288. (The Planning and Zoning Commission recommends approval.) 6. Discussion of granting authority for Mayor to approve requests made through the County Commissioner's Court for extension of services in the City of Denton extra- territorial jurisdiction. 7. Consider approval of an appointment to fill a vacancy on the Planning and Zc,ning Commission. 8. Consider approval of an appointment to fill a vacancy on the Cable TV Advisory Board. 9. Consider approval of an appointment to the North Central Texas Council of Government's Executive Board of a regional citizen representative. 10. Receive a report, and discuss the status on the lease agreement between the City of Denton and Maverick Aircraft, Inc. 11, Receive a report on the status of the proposed asset transfer of Flow Memorial Hospital. 12. New Business: This item provides a section for Council Members to suggest items for future agendas. City of Denton City Council Agenda May 20, 1986 Page Four 13. Miscellaneous matters from the City Manager. 14. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 ` V.A.T.S. (see item 10) B. Real Estate Under Sec. 2(f), Art. 6252-17 M, V.A.T.S. (see item 11) C. Personnel/Board Apppointments Under Sec. 2(g), Art 6252-17 V.A.T.S. (see items 7, 8 and 9) I i 1 f I it F r 2196C 1 City council minutes May 6, 1986 The Council convened into the Work Session at 5:30 p.m, in the Civil ` Defense Room, el"S PRESENT: Mayor Stephens; Mayor Pro Tem Alford, Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, Assistant City Attorney and City Secretary ABSENT: None 1. The Council held a discussion of 801 acre zoning request located south of U.S. Highway 380 West and north of Jim Christal Road, Z-1799 Denise Spivey, Urban Planner, reported that staff was experiencing a problem in evaluating this zoning request due to its proximity to the Denton Municipal Airport. The Denton Development Guide encouraged industrial uses by the air,)ort and this tract was located to the west of the airport. Staff felt it would be defeating the r purpose of the Development Guide to encourage industrial use outside the designated high intensity area and this particular parcel was out of that area. A joint meeting of the Planning and Zoning Commission and the Airport Advisory Board had been held on April 23 to discuss this issue. The two boards had established the creek as the dividing line with the industrial/commercial uses on the east and residential uses on the west. The Land Use Committee would ultimately set the policy. This revision would go before PSZ for formal action and then to Council for final approval. Council Member Riddlesperger asked how far west of the airport, in this configuration, would be the proposed extension of the Loop, Spivey pointed out the area on a map. Mayor Stephens asked what density was being proposed by the developers. Spivey responded that the proposal pretty well met the policy with most of the residential on the west and most of the industrial uses on the east. The developer was aware of the interim policy regarding development in this area. Council Member McAdams stated that it seemed somewhat strange to use the creek as a dividing line as it was much further west at the top and then narrowed down at the runway, Spivey reported that the rationale was to follow this natural boundary, 2. The Council held a discussion of 66 acre zoning request located south of U.S. Highway 380 East and west of Trinity !toad, Z-1600 3. The Council held a discussion of 301.8 acre zoning request located south of McKinney Street and north of Shady Shores Road. Z-1801 Cecile Carson, Urban Planner, asked if the Council would consider agenda items 2 and 3 together (Z•-1800 and Z-1801) as both were petitions of Miller of Texas. The first parcel (Z-1800) was abutting and near 38U east; final annexation action was pending, The second parcel (Z-1801) was located sa"r.h of McKinney Street and north of Shady Shores Road, A conceptual Irvelopment plan of Z-1801 had been presented which included 6.94 a ts per acre density. A proposed park concept plan had been pre: nted. There would be a variety of land uses with a density of d,5 inits per acre. The developer had provided staff with a lot of information and they were in compliance with the new planned developnent ordinance. The first parcel (Z-180U) was located in a moderato intensity node and staff would recommend that development be mostly residential. The developers had been very restrictive regarding the number of stories for the buildings. City co' Denton City Council Minutes Meeting of May 6, 1986 Page Two t 4, The Council convened into the Executive Session to discuss legal matters, real estate, personnel/board appoint- meats. No official action was taken. The Council convened into the Regular Meeting at 7:00 p,m, in the Council Chambers of the Municipal Building, PRESENT: Mayor Stephens; Mayor Pro Tem Alford, Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, Assistant City Attorney and City Secretary ` ABSENT: None 11 The council considered approval of a resolution in appreciation of Richard Stewart, Mr, and Mrs. Stewart were presented to receive the resolution, Mayor Stephens read the following resolution: RESOLUTION IN APPRECIATION "RICHARD 0. STEWART* WHEREAS, the City Council of the City of Denton lost one of its most valued members on April 80 198b, when Richard O. Stewart's term of office as Mayor of the City of Denton expired; and WHEREAS, Richard 0. Stewart has served as Mayor of Denton since April, 1980 and was a Councilmember for three years prior to that time and served as Chairman of the Denton Airport Advisory Board for three years) and f WHEREAS, Richard 0. Stewart has honorably represented this City by serving as President of the Texas Municipal Power Agency and of the Texas Public Power Association; and i WHEREAS, the dedication and effort Richard 0. Stewart has shown the community is exemplified by his service as Director of the Denton Chamber of Commerce, as a Charter Member and Director of the Big Brothers and Sisters of Denton, as a past President of Denton 'ounty United Way, as a past President of the Crosstimbers Girl scout council; as well as his service as a past President, District Governor and Lieutenant Governor of the Breakfast Optimist Club; and WHEREAS, Richard 0. Stewart has served as Post Commander and is currently serving on the Post Executive Committee of the American Legion, has served as a member of the 'Denton 701s" Committee, the "Denton b0's" Committee, and the Chamber Roads and Transportation Committee and as chairman of the Governor's Committee for Passage of the Texas Water Bill) and WHEREAS, the City of Denton has been extremely fortunate in having en}oyed the dedicated and outstanding services of Richard 0. Stewart, and seek his future support which we know will be forthcoming) .,no WHEREAS, Richard 0, Stewart has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow Councilmembers and colleagues and citizens of Denton; ~J City of Denton City Council Minutes Meeting of May 6, 1986 Page Three NOW, THEREFORE, BE IT RESOLVED: That the City council of the City of Denton, acting on behalf of the citizens and staff, wishes to acknowledge with grateful appreciation the services of Richard 0, Stewart and the devotion he has given the City Council of i the City of Denton, and hereby orders that this Resolution be made a part of the official minutes of this Council to be a permanent record of the City, and that e, copy of this Resolution be forwarded to Richard 0. Stewart as a token of our appreciation. PASSED AND APPROVED this the 6th day of May, 1986. RAY STEPHENS, MAYOR ATTE'ST : MTKR-LOTTE ALLEN, CITY SECRETARY 1 APPROVED AS TU LEGAL FORM: r I DEBRi1 ADAMI DRAYOVITCH, CITY ATTORNEY Alford 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. Mr. Stewart thanked the staff and Council and expressed his appreciation for his time on the Council. 2. The Council consloered approval of a resolution in appreciation of Charles Hopkins. Mr. and Mrs. Hopkins were presented to receive the resolution. Mayor Stephens read the following resolution: RESOLUTION IN APPRECIATION "CHARLES HOPKINS" 4 WHEREAS, the City Council of the City of Denton lost one of its most valued members, Charles Hopkins, who was elected thereto in April of 1980 and served as Mayor Pro Tem from April, 1985 until his term expirea in April, 19861 and WHEREAS, Charles Hopkins is a member of the Lions Club, has served as President of the Elks Lodge in 1984 and as Trustee from 1984 to the present, as past President of the Denton Home Builders Association and as past Director of the National Home Builders Associations and WHEREAS, Charles Hopkins served as Chairman of the Subdivision and Land Development Regulations Committee formed in 19791 and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of Charles Hopkins, and seek his continued support, which we know will be forthcomii,g1 and WHEREAS, Charles Hopkins has always served above and beyond th^ mere efficient discharge of his duties in promoting the welfare and prosperity of the City, and tas earned the full respect and admiration of his subordinates and fellow 1 Councilmembersl City of Denton City Council Minutes Meeting of May 6, 1986 Page Four NOW, THEREFORE, BE IT RESOLVED: that the sincere and warm appreciation of Charles Hopkins, felt by the citizens and staff of the City of Denton, be formally conveyed to him in a permanent manner by spreading this Resolution upon the official minutes of the City of Denton, and forwarding to him a true copy thereof; and BE 1T FURTHER RESOLVED: that the City of Denton does hereby officially and sincerely extena its best wishes to the Honorable Charles Hopkins for a long and successful career as a member of our communi r.y. PASSED AND APPROVED this the 6th day or May, 1986. RAY STEPHENS, MAYOR CITY OF DENTON ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVF;D AS TO LEGAL FORM: 1 JOE D. MORRIS, ASSISTANT, CITY ATTORNEY CITY OF DENTON, TEXAS McAdams motion, Alford second that the resolution be approved. On roll call vote, McAdams "aye," Alexa,der "aye,' Hopkins "aye,' Alford "aye," Riddlesperger "aye,' Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Mr. Hopkins also thanked the staff and those he had worked with in his capacity on the Council. 3. The Council considered approval of a resolution in appreciation of Jack Gentry. Mr, and Mrs. Gentry and family were it ent to receive the resolution. Mayor Stephens read the following resolution: RESOLUTION IN APPRECIATION "JACK GENTRY" WHEREAS, on May 1, 1986, Denton Fire Chief Jack Gentry resigned, after serving as a student fireman from 1942 to 1943, as a fireman from 1947 to 1958 and as Fire Chief for the City of Denton since 1958; and WHEREAS, during the past 39 years, Jack has represented our City in the International Association of Fire Chiefs, the National Fire Protection Association, the State Firemen's and Fire Marshal's Associations and r WHEREAS, during his tenure with the City, Chief Gentry has served as President of the Southwestern Division of the International Association of Fire Chiefs, of the Texas Fire Chiefs ~ Association, of the North Texas Firemen's and Fire Marshal's Association, and of the Denton County Fire Fighters Associations and i / 1 City of Denton City Council Minutes Meeting of May 6, 1986 Page Five WHEREAS, Chief Gentry's dedication to his community is evidenced by the above mentioned activities, as well as his Charter membership in the Breakfast Optimist Club and service as President of the Optimist Club, and the receipt of the Silver Beaver Award of the Boy Scouts of America; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Chief Jack Gentry and F' wish to recognize same; WHEREAS, Jack Gentry has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Denton; NOW, THEREFORE, BE IT RESOLVLD: I~ that the sincere and warm appreciation of Jack Gentry felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the Ci,y of Denton, Texas and forwarding to him a true copy thereof as a token of our appreciation, PASSED AND APPROVED this the 6th day of May, 1986. RAY STFPHLNS, MAYOR JOE ALFORD, MAYOR PRO TEM M J. 17, ilIDDLESPERGER MARK R. CHEW JIM R. ALEXANDER JANE HUPKINS I LINNIE MCADAMS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ASSISTANT CI'T'Y ATTORNEY McAdams motion, Alexander second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Altord "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens r "aye." Motion carried unanimously. f Chief Gentry accepted the resolution ano stated that his 43 years ` with the City had been very enjoyable. He had workea with fine management aria Fire Department personnel. 4. The Council considered approval of the Minutes of the Regular Meeting of February 4, 19861 the Regular Meeting of February 16, 19861 the Regular Meeting of March 4, 19861 the Regular Meeting of March lb, 19861 the Regular Meeting of April 1, 19861 the Special Called Meeting of April 3, 198b; the Special Called Meeting of April 8, 198b1 the Regular Meeting of April 15, 1946 and the Special Called Meeting of April 22, 1986. McAonms motion, Riddlesperger second to a presented. Motion carried unanimously, approve the Minutes as i 1 L r City of Denton City Council minutes meeting of may 6, 1986 Page Six ( 5. Consent Agenda r. ~ Mayor Stephens announced that agenda item 5,A,1 (Bid M 9604) was removed from the Consent Agenda by staEt. McAdams motion, Alexander second to approve the Consent Agenda as presentee, Motion carried unanimously. Convent Agenda: ' A. Bids: i (REMOVED BY ( STAFF) 1. Bid N 96(14 - Painting of Peach Street water tank Bid N 9606 - Chemicals (water treatment) r • 3. Bid M 9608 - Traffic signal conduit 4, bid 1 9613 - Overc!rrrent relays B. Plats and Replats: 1. Approval of preliminary plat of the D.l.S,U.-Farris Road Addition, Lot If Block 1. (tae Planning and Zoning Commission recommends approval.) 2. Approval of preliminary and final replat of the Freeway Park Addition, Lot 2E, Block A. (The Planning and Zoning Commission recommends approval.) 3. Approval of final replat of the Summit Addition, Lots 1 and 21 block 1, (The Planning and Zoning Commission recommends approval.) ( 6. The Council was to receive a presentation by Mr, and Mrs. Carl Boyer requesting an exclusive franchise for taxi service within ti(e City of Denton, Mr. and Mrs. Boyer requested this item be removed from the agenda, 7. The Council received the presentation of awards for beautiti,catiorn effort to the City. Steve Brinkman, Director of darks and Recreation, reported that it was a pleasure to present the first installment of the 1986 beautification awards, The winner in the business category was Mr. 't'orn Stingley who develo>ed the Bell Place office complex. Mayor Stephens presentee the award to Mr, Stingley, Mr. Stingley expressed his appreciation. The winner in the residential category was Ms. Theadus Lemmon. Mayor Stephens presented the award to ids, Lemmon. Ms. Lemmon expressed her surprise and gratitude, a. The Council received an appearance by Mr, Carl Young regarding the approval of the Youth Program, Mr, Young, President of the Dentoi( County Viet Nam Veterans Association, stated that he was seeking approval for a Youth Program. The unemployment rate among young blacks was approximately 70% , He had. worked with Mr. Brinkman of the Parks and Recreation pepartment and was now asking that the Council give consideration to City of Denton city council minutes Meeting of May 6, 1986 Page Seven funding office space, a staff of 2 and telephone costs during the budget process. The office would provide an employment bank to get jobs and kids together. He was asking consideration for the program in conjunction with the Parks and Recreation Department budget request. 9. The Council received an appearance by Mr. Carl Young regarding the needs of the southeast Denton community. r Mr. Young Mated that there was still a concern that there were no blacks in the Fi,:e Department, the Utility Department or in any high salary positions. 10. The Council considered approval of a request from Mr. Carl Young to extend the curfew until 12:00 midnight and waive the fee for Fred Moore Park on Friday and Saturday, May 9 and 10. Mr. Young stated that he had talked to the Parks and Recreation • Department and would work with the Police Department. The people in southeast Denton needed a positive place to go and there would be many more things in the future taking place at the park. City Manag°r Lloyd Harrell stated that the primary purpose of the 10:U0 p.m, curfew was the potential noise problem to surrounding neighbors. Council Member McAdams asked it the proper language had been used on the agenda to allow for the waiver of the fees. Joe Morris, Assistant City Attorney, reported that, if the event were co-sponsored by the City, no problem: would exist in waiving the fee. McAdams motion, Chew second to approve the request to extend the curfew to 12:00 midnight on May 9 and 10. Motion carried unanimously. The Cuuncil recognized Hoy Scout Troop 130 who were attending the Council meeting. ` 11, public Hearings A. The Co.,ncil held a public hearing concerning the request of Oakhill Joint Venture and the City of Denton 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 21000 feet east of Trinity Road. A-35 The Mayor opened the public hearing. Cecile Carson, Urban planner, spoke in favor stating that was a joint annexation between the City of Denton and Oakhill Joint ' Venture with a portion being voluntary and a portion being involuntary. Oakhill had submitted a zoning request and the City had included a strip to connect to Lakeview. There would be 6 residences included in the 500 feet strip. This was the second public hearing on the annexation with final action scheduled for June 24, No ono spoke in opposition. The Mayor closed the public hearing, McAdams motion, Chew second to continue the annexation process. Motion carried unanimously, H. The Council held a public hearing concerning the a / request of Miller of Texas, Inc, and the City of Denton for City of Denton City Council Minutes Meeting of May 6, 1986 Page Eight M 1 annexation of approximately 301.8 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 The Mayor opened the public hearing. Cecile Carson, Urban Planner, spoke in favor stating that this was as request by Miller of Texas and the City of Denton. Approximately 299 acre6 would be requested for zoning and final action on this annexation would occur on June 24. The zoning proposal would be submitted May 28, There were 5 dwelling units and 12 persons included in the annexation parcel. This annexation ;ould extend to the City's ability to annex towards Lake Lewisville due to agreement lines. There had been 7 reply forms mailed with 0 returned, No one spoke in opposition. The Mayor closed the public hearing. McAdams motion, Alford second to continue the annexation process. Motion carried unanimously. C. The Council held a public hearing concerning the proposed annexation of approximately 66,42 acres situated in the Morreau 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 The Mayor opened the public hearing. Cecile Carson, Urban Planner, spoke in favor stating that this was a joint request by Miller of Texas and the City of Denton. A small tract adjacent to Highway 380 was the portion which wa.- being annexed at the request of the City. A zoning proposal would go before the Planning and zoning commission on May 28. This was the first public hearing with the second hearing set of May 20 and final 1 action on July 8. There had been 8 reply forms mailed with 0 f returned, Ms, Linda Dlevina spoke in opposition asking what would be the advantage of zoning. r Mayor Stephens asked Ms. Blevins to visit with staff regarding her questions, The Mayor closea the public hearing. r McAdams motion, Alexander second to continue the annexation process. Motion carrieu unanimously. D. The Council held a public hearing concerning an f ordinance amending Article 11 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas, to provide for regulations and procedures for the creation and development of planned development zoning districts; providing for a maximum penalty of one thousand dollars ($1,000.00) for violations thereof; providing for a severability clause; and providing for an effective date. The Mayor opened the public hearing. No one spoke in favor, No one spoke in opposition, The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this was the planned development ordinance was recommended by the Planning and Zoning ' Commission. She then presented a synopsis of the differences City of Denton city council Minutes Meeting of May 6, 1986 Page Nine between the proposed and the current. planned development ordinance. No negative feedback had been received from developers. 1, The Council considered adoption of an ordinance amending Article 11 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas. The following ordinance was presented: NO. 86-84 AN ORDINANCE AMENDING ARTICLE 11 OF APPENDIX D-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR REGULATIONS AND PROCEDURES FOR THE CREATION AND ' DEVELOPMENT OF PLANNED DEVELOPMENT ZONING DISTRICTS, PROVIDING FOR A MAXIMUM PENALTY FOR ONE THOUSAND DOLLARS ($1,000,00) FOR VIOLATIONS THEREOF) PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE„ Mayor Stephens asked if there was a reversion clause, I Carson responded that there was no automatic reversion clause. McAdams motion, Alexander second to adopt the ordinance. On roll 1 tail vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye," Motion carried unanimously. 12. Ordinances Council Member Alford requested agenda item 12.0 be moved forward in the agenda order. 0, The Council considered adoption of an ordinance approving a specific use permit to allow the development of a - recreational area on 2.814 acres located 652 feet east of Old North Road and 1,500 feet north of University Drive. S-188 i The following ordinance was presented: r NO.86-85 1 ` AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE RECREATIONAL .AREAL PROVIDING FOR THE REFERENCING OF SUCH USE ON THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME r 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 2,814 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED 652 FEET EAST OF OLD NORTH ROAD AND 1500 FEET NORTH OF UNIVERSITY DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A MAXIMUM PENALTY OF $I,ODU,00 FOR VIOLATIONS 'T'HEREOF) PROVIDING FOR A SEVERABILITY CLAUSE) AND DECLARING AN EFFECTIVE DATE, McAdams motion, Alford secord to adopt the ordinance. Council Member Hopkins stated that a 3 year time limit had been set on this request for a specific use permit when approved by Council. The petitioner had expressed concern regarding this time limit, Mr. David Martino, the petitioner, stated that his concern with the time limit was that lots of money and work could be expended on the park and a future Council could take the permit away in 3 years, He was requesting the 3 year limit be removed. Council Member Chew asked if this recreational Facility would it be open to the general public, r City of Denton City Council Minutes Meeting of May 6, 1986 Page Ten Martino stated it would be considered as a private park. While the park might be opened up to the public in the future, he did not want the ordinance passed under those considerations. t Council Member Chew asked if it was correct that there would be no 1 a community access to the facilities at all. l Martino responded yes. Mayor Pro Tem Alford stated that the First Baptist Church Life Center was open to members and guests but the church could not afford the use and liability which would be incurred if the center l were open to the public for general use. ~M Couucil Member Alexander stated that the initial concern of the Council during the zoning request had been the effect of the lights in the park for the neighbors and future development in the area. He had talked to the neighbors and they did not have a problem with the lights. Council Member McAdams stated that her concern had been that this was outside rather than an enclosed facility. Council Member Hopkins stated that the church would have to fence and lock the park in order to obtain liability insurance. The difference between this facility and those of other churches was that this one was outside. The Council had not placed restrictions on other churches. Council McAdams stated that this request was significantly different in that it was outside and there was the noise aspect to consider. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "nay,' and Mayor Stephens "aye.' Motion carried 6 to 1 with Council Member Chew casting tha 'nay" vote. City Manager Lloyd Harrell asked if the Council intended condition 7 regarding the 3 year time limit be stricken from the ordinance. Joe Morris, Assistant City Attorney, reported that the motion should be restated to reflect the removal of this condition. McAdams motion, Alexander second to adopt the ordinance excluding the 3 year limitation. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "nay," and Mayor Stephens "aye." Motion carried 6 to 1 with Council Member Chew casting the "nay" vote, The Council then returned to the regular agenda order. 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. 86-86 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. McAdams 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. P City of Denton City Council Minute Meeting of May 6, 1986 Page Eleven B. The Council considered adoption of an ordinance " accepting competitive bids and providing for the award of contracts for public works or improvements. F The following ordinance was presented: NO, 86-87 I 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. McAdams motion, Hopkins secona to adopt the ordinance. On roll call ' vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," R,iddlesperger "aye," Chew "aye," and Mayor Stephens "aye," Motion carried unanimously, • C. The Council considered adoption of an ordinance and service plan annexing approximately 125.25 acres beginning at Kings Row and proposed Loop 288, south of Oak Send Estates, and south of Silverdome Road. A-33. The following ordinance was presented: NO. 86-88 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 125,25 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE D. CULP SURVEY, ABSTRACT NO. 287; J. COLTART SURVEY, ABSTRACT NO. 288; AND THE T. LIVI14G SURVEY, ABSTRACT NO. 729, DENTON COUNTY, TEXAS) CLASSIFYING THE SAME AS AGRICULTURAL 'A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE, Alexander 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. D. The Council considered adoption of an ordinance approving do amendment of planned development (PD-12) on an approximately 78 acre tract located on the west side of Interstate 35-E approximately 21500 feet south of State School Road, Z-1705 This item was removea from the agenda at the request of the petitioner. E. The Council considered adoption of an ordinance approving planned development (PD) zoning on 80 acres located approximately 1,150 feet west of Teasley Lane (FM 2181) and north of Hickory Creek Road, z-1766 The following ordinance was presented: NO. 86-89 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, 'T'EXAS, AS SAME WAS ADOPTED AS AN APPF14DIX TO THE CODs OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE; NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 80 ACRE'S OF LAND LOCATED APPROXIMATELY 1,150 FEET WEST OF TEASLEY LANE AND NORTH OF HICKORY CREEK ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE LESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICY CLASSIFICA'T'ION A14D USE DESIGNATION) PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE DATE. P City of Denton city council Minutes Meeting of May 6, 1986 Page Twelve 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." r carriea unanimously. Motion i I ! F. The Council considered adoption of an ordinance approving planned development (PD) zoning on a 74.97 acre tract k located at the northeast corner of the Interstate Highway 35N service road and Payne Drive. Z-1788 The following ordinance was presented: ' NO. 86-90 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDI- NANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69-11 AS AMENDED, AND AS SAID MAP APPLIES TO 74.97 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF INTERSTATE HIGHWAY 35 AND PAYNE DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN! TO PROVIDE FOR A. CHANGE 114 ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT PD DISTRICT CLASSIFICATION AND USE DESIGNATIONS PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander 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 carriea unanimously. G. The council considered adoption of an ordinance approving a comprehensive site plan for a 3,12 acre portion of a 112.88 acre inixed use planned development (PD-41) located at the southeast and southwest corners of Loop 288 and East McKinney Street (FM 426). Z-1790 The following ordinance was presented: NO, 86-91 AN ORDINANCE PROVIDING FOR APPROVAL OF A COMPREHENSIVE SITE PLAN FOR 2.1 ACRES OF LAND LOCATED WITH THE PLANNED PROVIDINGNFORDAS'PENALTYAINROTHE MAXIM MR AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF! AND PROVIDING FOR AN EFFECTIVE DATE. McAdams 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. H. The Council considered adoption of an ordinance approving plannea development zoning on 74.9 acres located at the northwest corner of Hickory Creek Road and Teasley Lane (FM 2181). 'L-1794 The following ordinance was presented: NO. 86-92 AN ORDINANCE AMENDING THE ZONING MAP OF THE 'ITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON) TEXAS, BY ORDINANCE NO. 69-10 AS AMENDED, AND AS SAID MAP APPLIES TO 74.9 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN! TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM City of Denton City Council Minutes Meeting of May 6, 1986 Page Thirteen , AGRICULTURAL 'A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, c:McAdams 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. I. The Council considered.. adoption of an ordinance approving a change order in the amount of fifteen thousand one hundred fifty-four dollars and sixty-two cents ($15,154.62) for a • contract with W. F. Harrison Construction Company. i Mayor Stephens left the meeting. Bob Nelson, Director of Utilities, reported that Hogan and Razor, designers of the pump station, had neglected to put in a check valve, This change order would allow for the inclusion of this check valve. The following ordinance was presented: M NO. 86-93 AN ORDINANCE APPROVING A CHANGE ORDER IN THE AMOUNT OF FIFTEEN THOUbAND ONE HUNDRED FIFTY-FOUR DOLLARS AND SIXTY-TWO CENTS ($15,154.62) FOR A CONTRACT WITH W. F. HARRISON CONSTRUCTION COMPANYI AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. On roil call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," and Chew "aye," Motion carried unanimously. Mayor Stephens joined the meeting. J. The council considered adoption of an ordinance amending "Schedule ECA" of the schedule of rates for electrical f` service, to provide for a reduced energy cost adjustment rate, The following ordinance was presented: NO, 86-94 AN ORDINANCE AMENDJNG "SCHEDULE ECA" OF THE SCHEDULE OF f RATES FOR ELECTRICAL SERVICE, TO PROVIDE FOR A REDUCED ENERGY COST ADJUSTMENT RATE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. Bob Nelson, Director of Utilities, reported that there had been a reduction in the cost of natural gas. Staff and the Public Utilities Board were recommending a reduction in the ECA of 1/20. This would mean a reduction of approximately $10 per month during the summer for utility customers. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and bJayor Stephens "aye," Motion carried unanimously. K. The Council adoption of an ordinance amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas, to provide for •adjustments in water and sewer bills for losses i resulting from hidden water leaks or unknown causes and providing for a repealer clause. City of Denton City Council Minutes Meeting of May 6, 1986 Page Fourteen The following ordinance was presented: NO. 86-95 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR ADJUSTMENTS IN WATER AND SEWER BILLS FOR LOSSES RESULTING FROM HIDDEN WATER LEAKS OR UNKNONN CAUSES; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. Bob Nelson, Director of Utilities, reported that, occasionally for some unknown reason, residents had experienced a unusually large usage of water. If the cause was a break in the water line, this was not determined until after the water bill nad been received by • the consumer. This ordinance would make allowances for this event and citizens could request this adjustment one time during the year, On roll call vote, McAdams "aye," Alexander 'aye,' Hopkins 'aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. L. The Council considered adoption of an ordinance approving a contract for the City's participation in the cost of installing an oversized sanitary sewer line; authorizing the Mayor to execute the contract; and approving the expenditure of funds therefore. Bob Nelson, Director of Utilities, reported that bids had been received and the City's share of the oversizing would be $25,604. The following ordinance was presented: NO. 86-96 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED SANITARY SEWER LINE; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACTI APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander 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. M. The Council considered adoption of an ordinance approving requests to provide sanitary sewer service outside the City limits. Bob Nelson, Director of Utilities, reported that the location of C this request was on Cooper Creek Road north of Mingo. The City had a sewer line in place to Silverdome. The church and one other person had asked for sewer service which would be on separate taps. I The following ordinance was presented: N0. 86-97 AN ORDINANCE APPROVING REQUESTS TO PROVIDE SANITARY SEWER SERVICE OUTSIDE THE CITY LIMITSI AND PROVIDING FOR AN EFFECTIVE DATE. I Riddlesperger motion, Alexander 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. V I i f City of Denton City Council Minutes Meeting of May 6, 1986 Page Fifteen N. The Council considered adoption of an ordinance F approving a contract between the City of Denton and the North Texas F Umpires Association for officiating softball games for city leagues and declaring an effective date. ` Betty McKean, Assistant City Manager, reported that this was a routine item and had been approved to the budget, The following ordinance was presented; NO. 86-98 f AN ORDINANCE APPROVING A CONTRACT BETWE?N THE CITY OF DENTON AND THE NORTH TEXAS UMPIRES ASSOCIATION FOR OFFICIATING SOFTBALL CAMEE FOR CITY LEAGUES AND DECLARING AN EFFECTIVE DATE, I~ Alexander 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. 13. Resolutions i A. The Council considered approval of a resolution to adopt five (5) new personnel policies and one (1) existing policy revision. Uniforms 102,11 Reference Checks/Recommendations 105.02 Pay System 106.02 Regular Part--Time Employees 106.08 Meal/Break Times 106.02 (Revised) Sick Leave 111.01 Paulette Owens-Holmes reported that these six policiea were a reflection of several hundred hours of work. Five of the policies were new and one was a revision. The following resolution was presented; R E S O L U T I O N WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented proposed policies regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policies as official policies regarding employment with the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION T. The following poJ:cies, attached hereto and made a part hereof are hereby adopted as official policies of the City of Denton, Texas: 102,11 Uniforms 105.02 Reference Checks/Recommendations 106.02 Pay System 106.08 Regular Part-Time Employees 108,U2 Neal/Break Times 111,01 Sick Leave I City of Denton City Council Minutes Meeting of May 6, 1986 Page Sixteen SECTION II. The foregoing policies are attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adapted ty Resolution of the City council on February 1, 1977, are hereby rescinded to the extent they conflict with the foregoiny policies and with any administrative procedures and directives issued under the authority of the City Manager implementing the policies hereby adopted. SECTION IV, This Resolution shall oecorne effective immediately upon its I~ passage and approval, PASSED AND APPROVED this the 6th day o;' May, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: i I _ CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FUkM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams secono that the resolution be approved. On t roll call cote, McAdams "aye,' Alexander "aye," Hopkins "aye," Alford "aye,' Riddlesperger "aye," Chew 'aye," and mayor Stephens "aye," Motion carried unanimously, Agenda items 15, 16, 17, 18 and 19 were moved torward in the agenda order. 15. The Council considered authorization to condemn right-ot- way for Lakeview development. City Manager Lloyd Harrell reported that there was nothing further to report on this item. 16. The Council considered approval of an appointment to fill a vacancy on the Planning and Zoning Commission. Mayor Stephens stated that the City Council had met on this item in Executive Session. It was premature at this time to make any announcement. 17. The council considered approval of an appointment to fill a vacancy on the cable TV Advisory Board, Mayor Stephens stated that it was also premature to make an announcement on this item at this time. 18. The Council received a report on the status of the proposed asset transfer of Flow Memorial Hospital. City Manager Lloyd Harrell reported that this report had been received by the City council during Executive Session. Due to a Supreme Court ruling, a listing of the items discussed during Executive Session must be on the agenda. t City of Denton city council Minutes Meeting of may 6, 1986 Page Seventeen 19. The Council received 1 report on miscellaneous matters from the City Manager. City Manager Lloyd Harrell rrported that he wished to alert the Council Members that a questionnaire would be forwarded to them for r the upcoming City Council retreat. He then asked them to complete the questionnaire and return to the facilitator as quickly as y: possible. The council then returned to t)e agenda order. 14, New Business 1, Council Member MCAdaTls asked for a status report at a future date on the pcssibi)ity of pet registration at city Hall. Chew motion, Alexander se.ond to adjourn. Motion carried f unanimously. With no further items of business, the meeting was adjourned. I RAY STEPHENS, MAYOR r I r CHARLOTTE ALLEN, CITY SECRETARY 1 ~ f i r I I ` I i i I i 1368s May 6, 1986 IOU CITY COUNCIL AGENDA ITEM TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM. Lloyd Harrell, City Manager SUBJECT 1 Consider Electric Rate Ordinance Reducing Electric Energy Cost Adjustment Rate. RECOMMENDATION The Public Utilities Board, at their meeting of April 22, 1986, recommended to the City Council approval of an 1 electric rate ordinance reducing the summer (May 1 to f October 31) Energy Cost Adjustment (ECA) rate from 2.75¢ per KWH to 2.25¢ per KWH which will reduce electric costs to Denton customers by $1,800,000 and reduce average 2000 KWH/mo residential summer bills by 6 percent. SUMMARY Due to a decrease in natural gas costs from over $3.00 to less than $2.00 per 1000 cubic feet during the past three months, the average cost of the fuel to produce electricity is estimated to reduce from previous estimates of ► 2.4694/KWH to 2.085¢ per KWH. Therefore, the Staff is recommending that the summer energy cost adjustment rate be reduced by 1/2 cent per KWH from 2.75¢ per KWH to 2.254 per KWH. I~ BACKGROUND During the first six fiscal months of 1985-86, there were 28S14000OU0 KWH estimated billed to our customers. The cost of the fuel for this energy was $6,221,300 or 2,18¢/KWH. The Energy Cost Adjustment for this period had been 2.250 per KWH. It is estimated that 407,100,000 KWH will be billed to our customers during the remaining months of fiscal 85-86. The estimated cost of energy is I $8,219,200 or 2,02¢/KWH. 427OU:19 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities and customers FISCAL IMPACT Reduce ECA by .5¢ per KWH on 360,1239000 KWH from May through September. keduce revenues by an estimated $1,800,000, Reduce an average 20UUKW11/month summer residential bill by 6 percent. Prepared by: Respectfully submitted: qR_ Ne son °Y a e , Y anager Director cf Utilities t App~gve by: 1e son Director of Utilities EXHIBIT I- Ordinance 1I - Minutes PUB Meeting of 4/22/86 III - Schedule ECA R ' 4270U:20 Ilr i42a1. NO. I AN ORDINANCE AMENDING "SCHEDULE ECA" OF THE SCHEDULE OF RATES FOR ELECTRICAL SERVICE, TO PROVIDE FOR A REDUCED ENERGY COST . ADJUSTMENT RATE; AND PROVIDING FOR AN EFFECTIVc DATE. THE COUNCIL OF P11E CITY OF DENTON 11EREBY ORDAINS: SECTION 1. That the Schedule of Rates for Electrical Service adopted by Ordinance 85-240, on November 26, 1985, is hereby amended by adopting the revised "Schedule ECA" attached hereto. i SECTION 11. That ttie revised "Schedule ECA" shall be attached to t Ordinance No. 85-240, showing the amendment herein made. ` SECTION III ! - That this ordinaoice shall become effective on May 6, 1986 q and the revised "Schedule ECA" shall be applied to, and charged on all bills issued on or after May 1, 1986. PASSED AND APPROVED this the day of 1986, , ! RAY S'fEM E M R CITY OF DENTON, Th'XAS r ATTEST: CHAR 0 TE ALLEN, Y S 'C • CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: , 1 i f SCHEDULE ECA ENERGY COST ADJUSTMENT ENERGY COST ADJUSTMENT All monthly KWH charges shall be increased or decreased by an amount equal to "X" cents per KWH, to be known as the energy f cost adjustment (ECA). The ECA shall be computed in the months E of April and October to be applied to the following periods of May through October and November through April respectively. The City shall in no case change the energy cost adjustment more than twice in either of the six (6) month periods. The ECA shall be calculated by the following formula: ECA (Winter) s Projected energy cost for winter months Projected K sales or winter mont s ECA (Summer) . Projected energy cost for summer months ro ecte sa es or summer montt s- - i The above formula results in Winter 1985/86 and Summer 1986 ECA's as follows: i ECA (Winter) = 2.25 ECA (Summer) = 2.25 In the event that actual cumulative costs of fuel, variable k costs of Texas Municipal Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) is greater than or less than the cumulative ECA revenues by $1,000,000 during the fiscal year, the City may recompute the Energy Cost Adjustment and re-establish an ECA that collects or returns such ' difference over the remaining months of the fiscal year. Such change in ECA shall be applied evenly to all remaining months' ECA. PAGE 27 G F Page o { on all bills rendered k ENERGI COST ADJUSV ENT Effective Date aftAr MAY 6. 1986 J ELECTRIC 1 Ordinance 0 Y,, { { Article 11 Mpt~er 25 j SCHEDULE EPA i 3959U-33-10/85 ENERGY COST ADJUSTMENT • All monthly KWH charges shall be increased or decreased by a amount equal to "X" cents per KWH, to be known as the energy co: adjustment (ECA). The ECA shall be computed in the months of April at October to be applied to the following periods of May through October at November through April respectively. The City shall in no case chant the energy cost adjustment more than twice in either of the six (i months periods. The ECA shall be calculated by the following formula: ECA (Winter) budgeted enersacost for winter months u ge a es or winter non s ECA (Summer) Budgeted energy cost :'or summer months Budgeted h sa es of summer months The above formula results in Winter 1985/86 and Summer 1986 ECA's follows: ECA (Winter) 20 25 ECA (Summer) 2.25 In the event that actual cummulative costs of fuel, variable cos of Texas Municipal Power Agency (TMPA) energy and purchased ener (excluding TMPA's fixed charges) is greater t`sn or less than t cummulative ECA revenues by $1,000,000 during the fiscal year, the Ci may recompute the Energy Cost Adjustment and re-establish an ECA th collects or returns such difference over the remaining months of t fiscal year. Such change in ECA shall be applied evenly to all remaini months' ECA. DENTON MUNICIPAL UTILITIES ` v 1 EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD April 22, 1986 ` 2. CONSIDER ELECTRIC RATE ORDINANCE REDUCING ELECTRIC ENERGY COST ADJUSTMENT RATE. Coomes motion to approve the subject ordinance. Second by all other members of the Board. All ayes, no nays, motion carried unanimously. Next Meeting scheduled for May 21, 1986 at 5:00 p.m. I p May 6, 1986 CITY COUNCIL AGENDA ITEM / TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager ` SUBJECT Consider Ordinance to Provide Adjustments to Water and Sewer Bills for Losses Resulting from Hidden Water Leaks or Unknown Causes; Providing for a Repealer Clause; and Providing for an Effective Date. RECOMMENDATION The Public Utilities Board, at their meeting of December 18, 1985, recommended to the City Council approval of subject ordinance. SUMMARY The attached ordinance provides a reduction in the water rate to $ .70/1000 gallons for a one-time water loss in any two year period which is attributed to a broken or leaking water service line or other unknown cause. It further provides for a reduction in the sewer rate to $ .SO/1000 gallons under the same circumstances. This reduced rate is for all customer classes. Regular residential water rates are $1,450 commercial-$1.40/1000 gallons. Regular residential sewer rates are $1,500 commercial-$1.60/1000 gallons. BACKGROUND A number of customers have expressed concern about water consumptions which are significantly higher than is normal for the customer. Often the loss is due to leaks which are not readily apparent, or the service line breaks which allows large amounts of water loss before being repaired. Occasionally, there are large water usages which are due to unknown causes. The proposed ordinance would allow reduction of the customer's bill. However, the proposed charge would still recover the full variable cost of treating the water or wastewater such as chemicals, purchased water and pumping costs. A customer would only be eligible for such an adjustment once in any twelve month period. PROGRAMS, DEPAR'T'MENTS OR GROUPS AFFECThD Denton Municipal Utilities, Customers, Legal Department, Customer Service Department. 0149n:6 FISCAL IMPACT OF The impact most n cuthe stomers is considered to be negligthe ible. Denton and Respectfully Submitted, Prepared by: R. E. Nelson Alo 4ar, ( ,ity anger Director of Utilities k ~ APP OVUD: e 1. 5164 E Director ofnUtilities i EXHIBIT I Proposed Ordinance Il Minutes PUB Meeting of 12/18/85 I 1 I I i i I i o1a9n:7 I P 1359L 1 k J NO. ► r ' AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR ADJUSTMENTS IN WATER AND i SEWER BILLS FOR LOSSES RESULTING FROM HIDDEN WATER LEAKS OR I UNKNOWN CAUSES, PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION 1. 1 That Chapter 25 of the Code of Ordinances is hereby amended by adding a new Section 25-36 to read as follows: 1 Sec. 25-36. Adjustments in Water and Sewer Bills For Losses I Resulting from Hidden Water Leaks; Unknown Causes, I Any customer who is billed for a substantial increase in water usage during any one billing month due to a hidden water leak or unknown cause may request and receive an adjustment in the amount billed for water and sewer usage for that month in accordance with the provisions of this .section, 1, Definitions, For purposes of this section the following words s al e e fined as follows: "Excess usage" shall mean the difference in the "greatest normal usage" of water at a service location and the actual amount of water metered and billed in the billing month for which the adjustment is requested at the service location. "Hidden water leak" shall mean any leak of a water pipe, line or other water conveyance equipment caused by deterioration, corrosion, natural forces, or other similar cause which is not. immediately and reasonably detectable from the surface of the ground. "Greatest normal usage" shall mean that amount of water metered at the customer's service location in the billing month of greatest consumption during the previous twelve (12) consecutive billing months, or, if there is less than twelve (12) prior billing r months, the greatest consumption during any prior billing month, prorated to the number of days in the billing month for which the adjustment is requested. "Substantial increase in water usage" shall mean an increase in the amount of water metered and billed at the customer's service location for the billing month for which the adjustment is requested which is in excess of fifty percent (501) of the "greatest normal usage" for that service location. 2. Written ReWue~st. Any customer requesting an adjustment pursuant to t s Becton shall make the request in writing to the Customer Service Department on forms provided for that purpose. A request for an adjustment based upon a hidden water leak shall state the location and cause of the leak, the date it was discovered, and the date of, and person making the repair, with attached copies of repair bills, A request for an adjustment based upon unknown causes shall state that the applicant has no knowledge of the reasons for such excess usage of water at the i service location for which the adjustment is sought. All requests shall be submitted within thirty (30) days of the due date of the ' monthly bill for which an adjustment is sought. 3, Adjustment Allowed, A request for an adjustment in a monthly -bfjl ~OC water and sewer usage shall be granted if it meets the following conditions; r ` a. A request, with all required information, is filed i within the required time; • b, The requested adjustment is for a monthly billing in which there was a substantial increase in water usage resulting from a hidden water leak or unknown cause; and c, There has not been an adjustment made in the monthly billing for water and sewer usage at the same service location within the prior twelve (12) months under the provisions of this section. 4. Amount of Ad ustment: If an adjustment is granted under this sect on, t e customer s account shall be adjusted by billing the customers for the excess usage of water and sewer at the ser- vice location for the month in which the .^.Jjustment is granted at a reduced rate of $0.70 per thousand gallons of water and $0,50 per thousand gallons of sewage, SECTION If. All ordinances or parts of ordinances in force 0, a the pro- visions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict, SECTION 111, That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1986. f A ATTESTt CITY OF DENTON, TEXAS . L T CR AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: )M ~c 1 , PAGE. 2 EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD December 18, 1985 r, S. CONSIDER ORDINANCE TO PROVIDE BILLING ADJUSTMENTS FOR BREAKS CERTAIN CUSTOMERS. Nelson explained that this ordinance would reduce hardship on customers who had exppeerienced unusually M large consumption which could not be explained. This ordinance provides for a reduced rate for water due to leaks or breaks on the customer side of the meter. Thompson motion, Coomes second, that the ordinance be approved with the condition that timing and variable cost be checked. All ayes, no nays, motion carried unanimously. i t f I May 6, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Ordinance for Oversize Agreement With Southern Hills Addition, Owner I-35h/288 Joint Venture, And/Or Their Assigns For A New Sanitary Sewer, RECOMMENDATION The Public Utilities Board, at their meeting of March 19, 1986, recommended to the City Council approval of this oversize agreement due to sanitary sewer demands imposed by this and other proposed developments in this area in the near future. SUMMARY In order to serve the area containing future developments in a natural drainage area of approximately 743 acres, plus that of the proposed development containing 300 acres, it is necessary to construct a new 24" sanitary sewer line. Since the proposed development requires a 21" sanitary sewer line and there is to be reserve capacity for the surrounding area of 3300 gallons per day per acre for mixed use of commercial and light industrial resulting in a demand of approximately 1700 gallons per minute, an oversize agreement is recommended by the Utility Department. A pipe increase in size from 21" diameter to 24" diameter has an additional capacity of approximately 1700 gallons per minute. BACKGROUND The proposed development is located along the east side of 1-35E, approximately at the south boundary of Loop 288. As this area is not, at the present, served by water and sanitary sewer, utility improvements are required for future growth and development. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, Present/Future Developers, Legal Department and Purchasing Department 0149n:1 I p i FISCAL IMPACT, Costs are estimated as follows for a 2111-24" oversize section to be paid by the City of Denton: Total cost of a 24" sanitary sewer line from project boundary to Hickory Creek trunk line at Edwards Road (2 456LF x $56/1,F) $1370536 ` bore under MKgT Railroad (100LF x $135/1,F) 13,500 and casing 151,036 Cost of 21" sanitary sewer line to serve Southern Hills Addition (2,456LF x $47/LF) $1159432 bore under MKgT Railroad (100LF x $100/LF) 109000 and casing $1259432 Cost of this project to City of Denton (difference between a 24" sewer line and a 21" sewer line) $ 25,604 Prepared by: Respectfully submitted: C. David Ham I...oy ar e , City ager Asst. Director of Wtr/WW Utilities Approv d by: e n' V Director of Utilities Exhibit I - Uversize Agreement 6 Location Map II Urdinance III Minutes PUB Meeting of 3/19/86 0149n:2 NO, AN ORDINANCE APPROVING A CONTRACT FOR 'r11E CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED SANI'T'ARY SEWER LINE; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. w,, l WHEREAS, the City of Denton wishes to ent,,r into an agree- ment to participate In the cust of providing an oversized sanitary sewer line; and WHEREAS, the Code of Ordinances requires that the City Council approve all expenditures $10,000 or more; and WHEREAS, Section 2.09 of the City Charter requires every + act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Council hereby approves the Sewer Participation Agreement, attached hereto, between the City and 13S£/288 Joint Venture to provide for the City's participation in the cost of providing an oversized sanitary sewer line in { accordance with said agreement and the Mayor is hereby authorized to execute the agreement on behalf of the City. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION Iii. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of _ 1986. RAY STEPHENS;- CITY OF DENTON, TEXAS ATTEST: CHARLOTTE AL CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: I 1344L DUPL !C . Are r F THE STATE OF TEXAS § SANITARY SEWER LINE OVERSIZE PARTICI- BETWEEN THE CITY COUNTY OF DENTON g PATION DENTON LAND 35E/ 88 JOINT VENTURE F r WHEREAS, 35E/288 Joint Venture hereafter referred to as ( "Developer," whether one or more, whose business address is 500 5950 Berkshire Lane Union Bank & Trust Tower,/Dallas, Texas 75225, wishes to develop and improve certain real property located in the City of Denton, Y Texas or its extraterritorial jurisdiction and is required to ' provide such property with adequate sanitary sewer by designing, constructing and installing a sanitary sewer line of a minimum inside diameter of twenty-one inches (21"), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 E. McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said sanitary sewer line to provide for an "oversized" sanitary sewer line to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows; 1. Developer shall design, install and construct a twenty- four inch (24"1 sanitary sewer 1i,ne and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," extending a total distance of approximately two thousand four hundred and fifty-six feet (2,456'), located as shown on Exhibit "l," attached hereto and incorporated herein by reference. 2. Prior to beginning construction of the oversized facilities, Developer shall enter into a Development Contract, a.. required by Appendix A of the Code of Ordinances of City. This agreement shall be subject to and governed by such Develop- ment Contract, which is incorporated herein by reference, and any other applicable ordinances of City. 3. Prior to beginning construction of the oversized facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. If easements are needed, the deeds therefore obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts tD obtain such easements, including evidence of negotiations and reasonable offers made to the effected property owners, Any easements for the oversized facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 4. The City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City by public bids on the same or similar projects on a per linear foot basis, and the cost of the oversized facilities, as determined by the City, based upon the amount of a bid from the lowest responsible bidder on the same or similar oversized facilities, shall be in an amount not to exceed Twenty-five Thousand Six Hundred Four and No/100t-s 4 ($25,604.00), and City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or 1 completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site condi- tions; differences in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the oversized facilities, 5. Within thirty (30) days of the acceptance of the r facilities by the City, Developer shall submit to the City's / PACE TWU r ~t ~r 4 Director of Utilities the actual cost of the oversized facilities, Should the actual cost of the oversized facilities be less than the cost on which the City's share was determined, q the City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for re- quired facilities. To determine the actual cost of the oversized • facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or sub- contractors and shall have the right to requi,:;+ Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. 6. Within thirty (30) days of the date the Developer has submitted satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer its share of the cost thereof. 7. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for the City at the address given above, 8. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatso- ever, by reason of injury to property or persons occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this agreement, and Developer will, a its own cost, and expense, defend and protect City against any and all such claims and demands, 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of this agreement, this agreement shall terminate. 10. This instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or PAGE THREE obligations other than those contained herein, This agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto, 11. This agreement shall not be assigned by Developer without the express written consent of City, 12. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this contract, shall be brought and maintained in a court of competent Jurisdiction in Denton County, Texas. 13. Developer snail commence construction of the facilities within twelve months (12) of the effective date of this agreement or agreement shall terminate. Executed this the day of 1986. 35E/28888 JOINT VENTURE BY; Venture Manager ATTEST: s x AR CITY OF DENTON, TEXAS 1 I BY: t R't~ 0 5'TE , ` ATTEST: CWLOT 'E CITY TZURMARY CITY OF DENTON, TEXAS APPxOVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: gam, f„t,, I etiv'E FOUR t EXHIBIT *1, rr~ I~ } ~F 2456' OVER AlojtvT LWAT10 H ° 3 'w I f aooo' i 3 VICINITY MAP I May 6, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Bid Opening, bid #9583, Southern Hills Off-site Oversize Sewer Line, Developer I-35E/288 Joint Ventures. RECOMMENDATION I~ The Public Utilities Board, at their meeting of April 22, 1986, recommended to the City Councils approval of $6,335 as the City's estimated participation based on the bids for this off-site oversize sewer line. f SUMMARY Bids were opened February 18, 1986, and the results are as follows: Roger $ Clark Const. 162,990.00 $1560655.00 $6,335.00 Cullum Constn. 134,161.40 1250719.00 8,442.40 ' Elder Constn. 125,955.67 116,791.67 99164.00 P$R Constn. 138,933.75 1280274.25 10,659.50 Circle 'C' Constn. 120,253.50 1079555.50 12,698.00 Weaver Constn. 153,112.80 1399350.55 130762.25 The Public Utilities Board, at their meeting of April 22, 1986, recommended to the City Council approval of the lowest difference of $6,335 (Roger $ Clark Constn.) as the City's j estimated participation cost. BACKGROUND The City Council approved the oversize agreement April 15, 1986. The proposed 300 acre development requires a 21" sanitary sewer line, and in order to serve future development in a natural drainage area of 7~3 acres, the City requires a 24" sanitary sewer. Hence the oversize is from 21" to 24". PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton Municipal Utilities, present/future developers, legal department, citizens. 4270U:5 FISCAL IMPACT ` Estimated cost difference 24" vs 21" Sanitary Sewer Line $25,604 Cost difference based on bids received (this request) $6,335 Request for Approval--Est. Participation Cost $6,335 Source of funds: Sewer Bonds 624-008-0471-9138 f . Prepared by: Respectfully submitted: r Lloyd arre i y Manager Srini Sundaramoorthy Civil Engineer App ved b 4 Nelson, Y.b. Director of Utilities Exhibit I - Bid Tabulation II - Location Map Ill - Minutes PUB Meeting of 4/22/86 IV - Ordinance 4270U:6 l Flo +str3. ~ ~ ' / SOIHERN HILL RID rAPULATION-SAN SEW IMPROV, t 0utriptian 00 Item Otv Unit P I R Constn Circle 'E' Cullum Constn Elder Constn weaver Canstn Clark Roger Item NO Can+tn PART IIA OFFSIIE SANITARY SEWER SYSTEM IMPFIDVEMF.NIS 24' Sanitary Sewer Pipe in 6'-B' S $1,641.25 $2,252.25 11,870.00 it 925. GO S L.F. 11,362.00 11,483, )J , 1 deep trench PART CIA OFFSITE SAN, SEWER SYSTEM IMPROVEMENTS CONTINUED 24' Sanitary Sewer Pipe in B'-10' $46,312-50 ISI,IBI,SO 150,131.25 167,!`F.25 ISB,SUO,GG 2 deep trench 1,623 L.F. f4B,B3L.23 , 1 510 L.F. $33,833.30 $13,810.00 115,810.00 $16,412.00 121,117.00 119,10o.00 24' Sanitary Sewer Pipe in I01-12' ~ 3 deep trench 45,060,00 64,14).00 $3,913.15 13,083.00 24' Sanitary Sewer Pipe in 14-t4' ? Sly L.F. 13,726,00 11,910.00 4 deep trench I L,F. Of 21' Stub at special 5'05 1475 0o 1100,04 $19V,ip $250,40 $335.ti!i $500.00 I 5 sanhole per plan sheet l Ea. 163 L.F. 417,270.0! 132,h00.00 136,673.V0 133,146.12 12B,/V4.30 14B,4UU.Uu Bared Railroad Grassing under 14•1!• L 1 i Railroad a R 14,870.!0 $6,600.00 112,960.00 112,000,00 Standard S' Diameter Manhole w)watertight 6 fa 18,380,00 7, 200.111) 7 ltd to 6' depth a - Extra Depth for standard S' diauler SO 4 L F 12,432.UD 13,648.04 15,624.00 $3,344.00 14,560.00 03,040.00 manhole standard 4' diameter Manhole with 1951).00 11,160.0! 1904.00 11,)14.00 1:,000.00 ! Ea. g watertight ;id to 6' 1 11,145,00 4490.00 ' Extra Depth for standard 4' dtautar 1142.00 $392.!0 1338.00 1}17.00 4367.50 t0 manhole 4.9 L.F. 1 Special S'tS' Manhole per plan sheets 42, ml. 4w t3 00 12,180,(05 13,VU0,00 , 11 14 and 29 I Ea. 11 ,300.Op $4,000.00 , pl ane S.3 C,Y, 1334.00 $19B,OV $213. 91) $231.00 1412.50 0660.00 15000 COnt, Cap per detail on shut 12 li of 4 000.00 17,DOU.00 2So00 Misc. Concrete complete in place 2 , 13 or the sus Of 20 C. Y. 63,004.00 $1 300,00 $1,880 .00 11,500.00 Crushed Stan* or Walked grave'., for $3,00 0.00 100 C.Y. $2,000.00 11,200.04 11,800.00 11,800.00 11,890,00 N for trench fooling Asphalt Pavement Repair complete in plane , t848,0U $848.00 11,325.00 11,325.00 $1,590,00 15 for the sue of 51 L.F. 11,8.5.00 r 0 61.40 4125,955.47 4153,15'!•90 $162,490.00 i 1 r A L Part IIA $138,933.75 $124,253.34 137/,1 I !t i 1 S i • i II . J S7D M q%83 SOTHERN HILL BID TABULATION-SAM SEW IMPROV. Item No Description of Item Dty Unit P 11, R Constn Circle 'C' Cullum Constn Elder Constn Weaver Constn Roger 6 Clark Constn PART 110 .LTERNATE OFFSITIE SAN SEWER SYSTEM IMPROVEMENTS 21' Sanitary Sewer Pipe in 6"-8 1 deep trench 57 L.F. 01,320.00 $1,110.00 11,760.00 $1,457.50 $1,993.75 $1,703,00 21' Sanitary Sewer Pipe In 8'-10' 2 deep trench 1,625 L.F. 141,762,50 138,187.50 $45,093.73 $44,606.25 $59,711.75 153,625.00 21' Sanitary Sewer Pipe in 10-12' 3 deep trench 115 L.F. 713,791.50 111,260.00 $16,320.00 t14,662.50 11,,997,50 !17,850,00 21' Sanitary Serer Pipe in 12-14 4 deep trench 115 L.F. $3,214.25 $3,450.00 03,524.75 $3,519.00 $4,391,75 $4,415.00 1 L. F. of 21' Stub at special S 5'x5' manhole 1 Ea. 1475,00 1400.00 1180,00 1250.00 1333,00 1300.00 Bormd~Aailroad Crossing under 6 M.I. t I Railroad 163 L.F. $16,781.00 132,600.00 136,615.00 133,796.12 028,701,30 $41,900,00 Standard 4' Diameter Manhole w/watertight 7 lid to 4' depth 1 fa. 11,143.00 1950.00 01,160.00 0400.00 11,310.00 $2,000.00 7a Std 5' Ole Manhole to 6' depth 6 Ea. 18,590.00 17,200.00 $9,870.00 16,600.00 $12,960,00 112,000,00 Extra Depth for standard 4' 0 diameter aanhole 35 L.F, 12,1100.00 $2.ROO.00 $4,200.00 $2,450.00 $2,625.00 $3,500.00 Special 5'x5 Manhole per plan sheet 9 14 and 29 1 Ea. $1,500.00 $4,000.00 $2,200.00 $3,750.00 $2,780.00 13,000.00 15001 Conc. Cap per detail an sheet 10 14 of plans 2.5 C.Y. $250,00 $150.00 $207.54 1175.00 1312.10 1300.00 .5001 Misc. Conc. caaplele in place 10r 11 the aua of 20 C.1, 13,600.00 11,300.U6 11,880.00 11,500.06 $2,000.00 14,000.00 Crushed Stone Of Washed Gravel for 12 trench looting 100 C.Y. 12,000.00 11,200.00 11,800,60 $1,800.00 01,890.00 13,000.00 Asphalt Pavement Repair complete In place 13 for the sue of 53 L.F. 11,055.00 1848.00 1848.00 $1,325.00 11,325.00 $1,590.00 T 0 T A L Part IIB $128,274.25 0107,555.50 1%25,719.00 $116,791,67 1139,!50,55 1156,655.00 City fA6liCIPAFION IIIA-I1Fi - $10,659.50 112,698.00 18,442.10 19,164:00 $13,762.21 (714 1 S 5 - OO r 1 EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD April 22, 1986 7. C ONSIDER BID OPENING, BID 098531 SOUTHERN HILLS OFF-SITE OVERSIZE SEWER LINE~ DEVELOPER- Ham explained that the Utility and the Purchasing Department staffs recommend approval of $6,335 as the City's estimated participation based on the bids for this off-site oversize sewer line. r Bids were opened February 18, 1986, and the results are as follows: Roger $ Clark Constr. $162,990,00 - $156,655.00 $6,335.00 Cullum Construction. 1340161.40 - 1259719.00 8,442.40 Elder Construction. 1250955.67 - 1160791.67 9o164.00 P&R Construction. 138,933.75 - 128,274.25 10,659.50 Circle 'C' Construction. 120,253.50 - 1079555.50 12,698.00 Weaver Construction. 1539112.80 - 139,350 55 13,762.25 The Staff recommends approval of the lowest difference of $6,335 (Roger & Clark Co.) as the City's estimated participation cost. The City Council approved the oversize agreement April 15 1986. The proposed 300 acre development requires a 2P sanitary sewer line, and in order to serve future development in a natural drainage area of 743 acres, the City requires a 24" sanitary sewer. Hence the oversize is from 21" to 24". Estimated cost difference 24" vs 21" Sanitary Sewer Line $25,604 Cost difference based on bids received (this request) $62335 Request for Approval--Est, Participation Cost $6,335 Thompson motion to approve the subject bid opening. Second by Boyd. All ayes, no nays, motion carried unanimously. EXCERPT FROM MINES PUBLIC UTIL TIES BOARD 3/19/86 8. UOONSIDER PROPOSED OVERSIZE AGREEMENT WITH SOUTHERN HILLS r ADDITION OWNER I-35 E/288 JOINT VENTURE A.ND%OR THEIR U ITA In order for the de , r ' expenses for construction pofs the offsiter portionoof tthis proposed sanitary sewer line, an offsite pro rata agreement ` is required; Article 4.099 "Pro rata reimbursement due developer", Subdivision Regulations, City of ienton, Projected area of 743 acres of future development to be served by this offsite extension of 2456 feet of sewerline. The proposed development is located along the East side of I-35E between Mayhill Road and Loop 288. This line crosses other properties which may benefit from this line when they develop. There would be no cost to the City of Denton. Boyd recommend approval of the item, Thompson second, all ayes, one nay (Coomes), motion carried, Chairman Laney asked how we could recover the cost of oversizing. After some discussion it was decided that the Utilities should consider a pro rata method for oversizing based on volume. Nelson requested some time to research the implications associated with the Board's request. 0149n:11 J, I . ~ May 1986 r. M CITY COUNCIL AGENDA ITEM TO: MAYOR AND MhMBERb OF THE CITY COUNCIL 1 Y' f FROM. Lloyd Harrell, City Manager SUBJECT Consider Service Outside the City Limits for Cooper Creek United Methodist Church and John Lobaugh for Sanitary Sewer. RECOMMENDATION The Public Utilities Board, at their meeting of April 22, i 198b, recommended to the City Council approval of outside city limit service for the above-mentioned. I SUMMARY The septic tank system for the Church is not functioning properly. The owner has been cited by the Denton County Health Department. Allowing City of Denton sanitary sewer service to these people will eliminate a health hazard that may be difficult to correct by other means. BACKGROUND A sanitary Newer runs along Mingo Road that can be tapped. The petitioners are just outside the city iivits well within the extraterritorial ,jurisdiction. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, persent/future Developers. FISCAL IMPACT No cost to the City of Denton. 4270U:11 i i 1 4 F r ' Prepared by: Res ctfully submitted: AMC P*W oy a/Har y a r Ray Rumfield r' Civil Engineer ~ App ved b . e n Director of Utilities Exhibit I - Letter reguesting sanitary sewer service for owner II - Letter of complaint from Denton County Health Dept. III - Location Map IV - Minutes PUB Meeting of 4/22/86 4270U:12 1435L r NO. ' 41r AN ORDINANCE APPROVING REQUESTS TO PROVIDE SANITARY SEWER SERVICE OUTSIDE THE CITY LIMITS; AND PROVIDING FOR AN EFFECTIVE DATE. F WHEREAS, the City of Denton has been requested to provide sanitary sewer service to properties owned by the United Methodist Church and John Lobaugh; and WHEREAS, both of the properties are located beyond the corporate limits of the City of Denton; and WHEREAS, there is an existing City sanitary sewer line available to serve the properties; NOW, THEREFORE, f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the Director of Utilities is hereby authorized to provide sanitary sewer service to the properties owned by the United Methodist Church and John Lobaugh, located outside the City limits at the northwest corner of Mingo and Cooper Creek ' Roads, in accordance with the rates, charges and tees applicable to sanitary sewer customers as provided for in the Code of Ordinances. 1 SECTION II. That this ordinance shall become effective immediately upon its passage and approval. l PASSED AND APPROVED this the day of May, 1986. I ' 2FAY STETHENS, ,MAYOR CITY OF DENTON, TEXAS ATTEST: nA LOTTF ALLEN, CITY SECRETARY CITY Ov DENTON, TEXAS APPROVED AS TO LEGAL. FORM; DEBRA ADA.MI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ' BY. ~.r yyl r r r F i OLNTON CITY-COUNTY MLAI.TN DLPARTMLNT COY RTMOYN OM tMe OOYARt DLNTON. TL%AS 74201 ( I at April 4, 1966 • Mr. Ray McCloskey 2500 Hinkle CERTIFIED MAIL Denton, Texas 76201 RETURN RECEIPT REQUESTED Rot Malfunctioning septic system, Cooper creek Methodist Church, corner of Mingo Road and Cooper Creek Road, Denton County. Mr. Mecleskeys An inspection April 2, 1956, revealed surfacing sewage at the south west portion of the Cooper Creek Methodist Church property. Surfacing sewage is a violation of the Texas Sanitation and Health Protection Law, Article 4477-1, Sections 2(f) and S(a). This problem must be corrected within thirty days of receipt of this letter or legal action will be pursued. The mobile home behind the church must be on a separate private sewage facility. If you have any questions, contact me at 617-367-1655. Sincerely, le;%e4 Ray Mockel Health Inspector ccs To Co,nplainant Enclosedi Septic System Application Installers List Parcolaeion List Guidelines to Improving Your Septic System 4 1 T sue- y I r I ~ r I 1 M s ~ IP I I I I I ~ I IS f I I I I i ~ I I r I le i~ r ti ii 1u I _ I E m i cf .r CITY OF DENTON, TEXAS W M ~ 1 1! ~ 135 E X H OBIT 71 r EXCERPT FROA MINUTES PUBLIC UTILITIES BOARD r ' April 22, 1986 . yn ` 9. CONSIDER SERVICE OUTSIDE THE CITY LIMITS FOR COOPER CREEK I UNITED METHODIST CHURCH AND JOHN , MOBILE HOME OWNER, FOR SANITARY SEWER. V Ham explained that this development is Located at the Corner of Mingo and Cooper Creek Roads. Ham explained that the Staff recommends approval of outside city limit service by the Public Utility Board for the above mentioned, but with separate taps for the mobile home park and the Church. The septic tank system for the Church and mobile home park is not functioning properly. The ownerF have been cited by the Denton County Health Department. Allowing City of Denton sanitary sewer service to these people will eliminate a health hazard that may be difficult to correct by other means. Ham stated that a sanitary sewer runs along Mingo Road that can be tapped. The petitioners are just outside the city limits well within the extraterritorial jurisdiction. Boyd motioned to approve the subject sanitary sewer service for Cooper Creek United Methodist Church and John Lobaugh, mobile home owner, with the conditions that (1) the Church is served with water; and (L) a separate tap for Lobaugh. Second by Coomes. All ayes, no nays, motion carried unanimously. Meeting adjourned to the Service Center Training Room 1;A1 i . . 11 I OFFICE OF THE C L T Y AT T O R N E Y ' t MEMORANDUM MAP. 2 ri TO: Rich Dlugas, Superintendent, Leisure Services FROM: Debra A. Drayovitch, City Attorney SUBJECT: Ordinance & Contract Between the City of Denton and The North Texas Umpires Association DATE: March 26, 1986 Per your request of March 18, 1986, attached is the original contract and a rQduced copy of the above-referenced contract and ordinance approving same. Please have the original contract executed by Mr. Urich and return to this office for submission to the City Council, Should you have any questions relative to same, please contact me. DEBRA *DRA WT~C-H- DAD:js /c: Lloyd V. Harrell, City Managcr Attachment ' 1398L r N0. t AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPTRES ASSOCIATION FOR OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES AND DECLARING AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City and the North Texas Umpires Association, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. I1 1986. PASSED AND APPROVED this the day of i CITY ONION, TEXAS ATTEST: I1 RLOT E ALL CT1 SEC E AR 17 CITY OF DENTON, TEXAS APPROVED AS TU LEGAL FORM: DEBRA ADMI DRAYOVITCH, CITY ATTORNEY CITY OF DEN'lON, TEXAS BY: THE STATE OF TEXAS S AGRELMENT BETW,EN THE CITY OF DENTON AND THE COUNTY OF DENTON 5 NORTH TEXAS UMPIRES ASSOCIATION Y' The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and the North Texas Umpires Association, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains contractor to per orm t e here na ter eslgnated services and Contractor agrees to perform the following services: A. Schedule officials to officiate softball games for City leagues; Contractor agrees to limit officials to two (2) per game unless agreed otherwise prior to game. 2. COMPENSATION TO DE PAID CONTRACTOR: City agrees to pay contractor or-Mvi sere ces per orme E-ereunder as follows: A. Amount of Payment for Services: Twenty Dollars ($20.00) per team scheduling fee. Ten Dollars ($10,00) per official per game at t slow pitch leagues. f Fifteen Dollars ($15.00) per official per game at fast pitch leagues. ` Five Dollars ($5.00) per scorekeeper per game. r C. Dates of Payment: Within four (4) weeks after services are rendered for each game, during the term of the contract, which shall be from March 31, 1986 through November 1, 1986. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood an agree by an etween cy and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of Income tax, withholding, social security taxes, vacation of sick leave benefits, or any other City employee C benefit. The City shall not have supervision and contro] of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder i at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes In the Budget of the City of Denton. S. INSURANCE: Contractor shall prnvide at his own cost and expense wo~Tmen rs compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. l f E F 4 4 f i `r. r ' 6. CANCELLATION: City reserves the right to cancel this Agreement at any tune by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. • 7. TERM OF CONTRACT: This Agreement shall commence on the 31st day o Marc , and end on the lst day of November, 1986. 9. INDEMNIFICATION: Contractor hereby agrees to hold harmless an n emni y the City from and against any and all i~ loss, expenses and damages for injury to or death of persons and Injury to or destruction of property arising as a result of any act or omission of Contractor in the course of performing the services provided for in this agreement, EXECUTED the this day of , 1966. CITY OF DENTON, TEXAS BY: MAYOR ATTEST: 1 C ARLOTT9 ALFA,-CITY CRE A I CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADkil DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: i NORTH TEXAS UMPIRES ASSOCIATION ~'1 r BY: St~/L That Paul Leslie is hereby designated as the person to administer the provision of this agreement. DATE MAYOR PAGE 2 r r r DATE: b/6/8b I CITY COUNCIL REPORT FORMAT + TO: Mayor and Members of the City Council r~. I FROM: Lloyd Harrell, City Hanager SUBJECT: 5-188 RECOMMENDATION: The City Council held a public hearing on April lb, 198b and recommended that an ordinance be prepared. SUMMARY: A request for a specific use permit to allow the development of a recreational area on 2.814 acres located 652 feet east of Old North Road and 'I95UU feet north of University Drive. BACKGROUND: The property is zoned SF-lU and all adjacent property is zoned SF-10. A church facility has been proposed to the west. A time limit was recommended to determine the impact on the neighborhood,. PROGRAMS, DEPARTMENTS OR GROUPS AFFEC~TEU: No departments affected FISCAL IMPACT: No impact on general fund Res ctfully ubmitted: oy r r City Manager Prepared by: 'Ne-ci ei Carson Urban Planner Appr e Te-f T' Re SrCr -~v Director of Planning and Development r 1431L NO, AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE RECREATIONAL AREA; 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 APPROXIMA'T'ELY 2.814 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED 6SZ FdET EAST OF OLD NORTH ROAD AND 1500 FEET NORTH OF UNIVERSITY DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 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 652 feet east of Old North Road and 1500 feet north of University Drive, as is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, which is classified as a Single-Family "SF-10" zoning district under the comprehensive zoning ordinance of the City of Denton, Texas, is hereby granted for the use of such property a specific use permit for a private recreational area, 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 "B", attached hereto and incorporated herein by reference. 2. No vehicular parking shall be permitted on the pro- perty. Before any facilities are constructed on the property, thirty (30) off-site vehicular parking spaces, meeting City specifications, shall be provided on the "Northwood 10 Church Site", as shown on the Exhibit "B". 3. A pedestrian walkway shall be constructed from the off-site parking area to the property nerved as shown on Exhibit "B". No vehicles shall be allowed to use such pedestrian access or be permitted in the ''Natural Park Area and Drainage Easement" shown or. Exhibit "B". The plans for the pedestrian walkway shall be approved by the City Engineer prior to construction, and the plans and the construction thereof shall be in accor- dance with City standards applicable to sidewalks. 4. A minimum building setback of six (61) feet shall be provided on the east and north sides of the property, S. No advertising signs shall be permitted on the property. 6. No field lighting shall Fe used, and no recreational activities shall be permitted, between the hours of 10!06 p.m, and 6;00 a.-j, of the following day, 7. 'The permit herein granted shall be valid for a period of threo years. SECTION II. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordindnces 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 fur the use approved herein. SECTION III. That the City Council of the City of Denton, 1'exas hereby findi, that such use is in accordance with a comprehensive plan for the purpose of promoting the general we.ifare of the City of Denton, Texas, ana with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. i 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 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. I 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 remasdiction. su,:h holding shall not affect the validity of the 1 g po. ons of this ordinance, and the City Council of the City of Dento.i, Texas, hereby declares it would have enacted suc" remaining portions despite any such invalidity. SECTION VI. That this ordinance shall become effective fourteen (14) days from the dare 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. ~ CIT1 OF DENTON, TEXAS ATTEST: L'F~Ak7 TARY C ITY OF DENTONO TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DBNTON, TEXAS B1. (L 5-188/Page Two e EXHIBI'T' "A" r E FIElO N014f SIINO a tract of 14r4 Situated In Inc tal"ll farto' SO,ey, Abltratt No. VS, In the City of oenton, 04rton Courty, rests and Alto I part of a tract of land <0rr4ytd to ChoCk,nate DerelolWnt Corporation, at reCOrddd to volu*e 919. Plge 164 of the Otto Records of WON County, Total and being rare orrtlcullrly deicf lbod it fo''tow;: COMMENCING It en Iron rod found it the loutheut corner of Northwood Addltldn 1 JOIN InItiIlment at described by Deed In Cabi-ft D. Rage 1S9, Flat Ro<ordl of r Cynton County Tout; laid Iron rod Alto tying on a northern boundary of tNt Nor t hwdod 0ta toS qr of nbAlt and dry to l ga to em At recorded In 4oI tare 12, Pale I 28, plat or40,1A Carton County, IerIS1 ?MOO S 69' 01' 41' E, aIonq 14 South line of 1610 Cwatleehl Derelolwrant V tor0or4tibn tract, and north Ilrt of laid Orelebetl earl, a dlIIon<e Of 7a. 82 i feel to an lrnn rod found OCR In910 point; wfNCi S 76' 11' a1' f. Along 1611 COMMM boundary flee, a dlltlree or 2,8.81 fret to an iron rid tot being t4 POINT Of 9E01411ING; INE%Cf r 414 So' 18' V, depdrting frill said Cor11i011 boundary lire a dlltaece 1' 117.16 feel to an -ron rod lot for CCrror; IRWE 4 01' 1S' U. 2, 1 distinct of 168.91 feet to 'n inbn rod let for tome.; p T<GNCI S 81' I1' IS' f, 1 ill Unto of 2i). 11 foot to An Iron rod Ael for wa 5e91 nn l r. or a rre to the ; F1, hlrup a central angle of td• I1' il', a r adlut 01 210.00 feet, end a t ngtnl Ter 9th of 6) 0 feet, NP Mcj a~dng 1610 eurre Ib Or rl INt, an arc dlllante of 121.41 feet to am ir0o r01 Pet for Ant And Of fafd turr'; TKNU S Cl- 1S' :8• V. a disianel of 114.87 reef to an IrOn rod sit roc turner AA'd Von I>d being Ir t4 Ie ir'Gored CV ml to, n 14r1 Ilse i-OCi 'i E4' S1' CO" along said ttmnon boundary lint a dittarce of 150.10 feet to an iron rod (ru nd 00, Cdrntr; P Twfhtf 4 IV 41, 0 W, elonpp la+d canon bouI ry I,ne, l dlltln;a of 126.81 roll 10 t^e a01NT Of 4101M IMO and COWNIN; 2.814 acre of lard, I 1 I A I S-188 P EXHIBIT "B11 / - 1111 / / a x;11 r r f ~ I LJ 5 u L4 Jam. T~ \ o {11 I W / ~L 1 > qq> l~ / 17 b+ 1 ~ y.. 1 tl ~ 1 1 S-188 r i OFFICE OF THE C17EY ATTORNEY MEMORANDUM 1 TO: Honorable Mayor and Members of the City Council f FROM: Debra A. Drayovitch, City Attorney SUBJECT: Zoning Case for Specific Use Permit Petitioner--David Martino DATE: April 29, 1986 As you may recall, at the Council meeting of April 1S, 1986, you conducted a public hearing on the petition of David Martino for a specific use permit for an athletic field and directed us to prepare an ordinance granting the permit with a condition that it will lapse at the end of three years. Several Councilmemhers have expressed a concern that they feel this time limit should be removed. Rather than place this case on the agenda for reconsideration, I recommend that we prepare the ordinance in accordance with your vote at the last meeting. When this item comes up at the meeting of May 6, a motion to i amend the ordinance by deleting Subsection 7 of Section I may be entertained; if you so desire, you may enact an amended ordinance without the time limitation. Should you have an Y any questions in this regard, please call Joe Morris. Respectfully submitted, i M4BRA OA~ ID(R4A_Yr0__VTTCH DAD:js xc: Lloyd V. Harrell, City Manager I DATE: May 6, 1986 CITY COUNCIL REPORT FORMAT TO; Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager t q• SUBJECT: RECOMMENDATION: Recommend that the Council approve the following policies: 102.11 Uniforms 105.02 Reference Checks/Recommendations 106.02 Pay System 106.08 Regular Part-time Employees 108.02 Meal/Break Times 111.01 Sick Leave 'f SUMMARY: Six (6) policies are being presented for Council consideration - of adoption. BACKGROUND: Five (5) policies are new rolici.es; the Sick Leave policy (111.01) is a revision of an existing policy. i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All City Employees FISCAL IMPACT: The six policies will havo no fiscal impact on the general fund. a Respectfully submitted: 1 i L tyd V. Hee re 1 J, City Manager C Prepared by: paulet~~+ens-Holmes Program Administrator Approved: Betty McKee Assistant City Manager r CITY of DENTON DENTON, TEXAS 76201 M E M O R A N D U M DATE: April 28, 1986 TO: Betty McKean, Assistant City Manager. FROM: Paulette R. Owens-Holmes, Program Administrator 1 SUBJECT: COUNCIL AGENDA ITEM: POLICIES AND PROCEDURES At the May 6 City Council meeting, we will be presenting six (6) policies for adoption:. The following is a brief summary of each of the policies. f 1. Uniforms 102.11 } This policy outlines the procedures for providing uniforms for specified City positions. Uniform requirements will be based upon security and the need for L indentification of particular employees. The policy also designates the f procedures for issuing uniforms, replacement of uniforms which are no longer f servieable, and disposition of non,~erviceable uniforms. 2. Reference Checks/Recommendation 105.02 This policy contains two sections. The first section of this policy requires f that all requests for information regarding fob applicants and/or current or past employees, be referred to the Personnel/Employee Relations Department. In addition, the policy clarifies the kind of information that will be released by the Personnel/Employee Relations Department. s i The second section of this policy requires that all letters of recommendation be approved by the Director of Personnel and made a part of the employees' permanent files. 3. Pay System 106.02 This policy provides a systematic approach for the administration of salaries for classified employees. The policy addresses position titles, administration of the pay plan, satisfactory performance increase, classification of employees, and maintenance of the pay plan. r L_. - - • - - - 4, Regular Part-time employees 106,08 This policy provides employees the opportunity to work two part-time positions with the City. The policy defines the various kinds of part-time employment and r clarifies the relationships between the part-time employee and his/her primary Y., and secondary employers. Guidelines for benefits and overtime are also outlined. 5. Meal/Break Times 108,02 This policy provides that every effort will be made to ensure that all employees receive a daily meal break at the discretion of the department supervisor. In • addition, employees may be allowed two (2) fifteen minute breaks, The policy also outlines instances when meal breaks may not be received, and when rest break practices will not be permitted, 6, Sick Leave 111.01 This policy is a revision of an existing on November 19, 1985. This policy was revised ytodinclude yat provision pity Council employees who die while in the service of the City or while on authorized military leave of absence, to be paid for all unused sick leave not to exceed ninety (90) working days. Payment will be made to the estate of the employee or beneficiary of the sick leave benefit, whichever the employee has designated, # Please feel free to contact me if you have any questions or concerns, I rau1ette---R-,- Owens-Holmes Program Administrator f ~ j . I, r f r r 14171, R E S 0 L U 'r I O N WHEREAS, the Director of tho Personnel/Employee Relations Department for the City of Denton has presented proposed policies regarding employee rules and regulations for the L Council's consideration; and WHEREAS, the City Council desires to adopt such policies as official policies regarding employment with the City; i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION 1. The following policies, attached hereto and made a part hereof are hereby adopted as official policies of the City of Denton, Texas: 102.11 Uniforms 105.02 Reference Checks/Recommendations 106.02 Pay System 106.08 Regular Part-Time Employees 108.02 Meal/Break Times 111,01 Sick Leave SECTION If. The foregoing policies are attached hereto and made a part hereof and shall be filed in the official records with the City fl Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, are hereby rescinded to the extent they conflict with the foregoing policies and with any administrative procedures and directives issued under the authority of the City Manager implementing the policies hereby adopted. i SECTION IV. This Resolution shall become effective immediately upon its passage and approvi►l. PASSED AND APPROVED this the _ day of 1986. I RAY STEPHENS9 MAYOR CITY OF DENTON, TEXAS ATTEST: { L TEA B , Uff_,S CEI KRff CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DBNTON, TEXAS t BY: f CITY OF DENTON PAGE 1 OF 1 POLIOWADIIININTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTIDNr REFERENCE NUMBER: PBRSONNBL/SM!?LOYBB R6LATION3 162.11 EFFECTIVE DATE: SUBJECT: UNIFORMS r REPLACES: TITLE: UNIFORMS J POLICY STATEMENT: i The City may furnish uniforms for specified positions. Police Department uniformed employees will be governed by the written uniform policy established by their department and approved by the City Managev. i I r1 I 1 1 ~ j 1 I 1 I I 1 ' 0466g 05/01/8( i r F I` CITY OF DENTON vAaE;oP 1 lOLICT/ADMIXINTRATWX f=OCRDURVADYIXIMATIVS DIANCTIVR REPERENCE SECTION; NUMIER: PRRSONNRL/VWLOYIR RELATIONS 105.02 I i p SUBJECT: EFFECTIVE DATE P9RSONN8L/1KPLOYI6 RECORDS REPLACES. TITLE. RI nRINCB CHICKS/RICOMINDATION POLICY STATCUM All requests for information, written or verbal, from persons outside the City concerning fob applicants and/or current, retired, or terminated employees must be referred to the Personnel/Imployee Relations Department. Such request :tall include, but not be limited to: A. Verification of employment for loan and/or oredit application. B. Verification of employment status. C. Salary verification or information, D. Verification of work u►d/or attendanoe records. B. Prior work history. Without a signed release, the Personnel/Bmployee Relations Department will release only the dates of employment, positions held and final salary. No one else is authorised to release such information. Letters of Recommendation written for a current, retired, or terminated employee must be approved by the Director of Personnel. A copy of the letter shall become a portion of the employeels file. 10303 li/11/85 CITY OF DENTON PAGE i OF 1 WJOWADMINISTAATIVE PROC.EDURS/ADMINI8TRATIVI DIRZCTIVE - REFERENCE SECTION: NUMBER: PRRSONNEL/RKPLOYER RELATIONS 106.02 EFFECTIVE DATE. SUBJECT: WAGE AND SALARY FLAN r, REPLACES: TITLE: PAY SYSTRM M' POLICY STATEMENT: I It is the policy of the City of Denton to provide a systematic and organized c approach for the administration of salaries for classified employees on a uniform, city-aide basis and to provide equitable and competitive compensation based on position classification and satie£actory performance. I f I I I E 1 i r j . 1 M~ 1 C 1 1 i 0?96a 05/01"86 CITY OF DENTON PAGE 1 of 1 POLIOVADMINI9TRATIVi PROORD"RVADIIINIOTRATIVI DIREOTIVS REFERENCE SECTION: NUMBER 1 PRRSONN9L/BMPLOYH9 RELATIONS 106.08 EFFECTIVE DATE SUBJECT: WAGE AND SALARY PLAN REPLACES: TITLE: I REGULAR PART-TIME &MPLOYEES I~ POLICY STATEMENT: j The City of Denton allows an employee to have two part-time positions as long as the scheduled hours of work are not in conflict. The statue of an employee with two part-time positions will remain part-time. No part-time employee is eligible for benefits that exceed that of a full-time position. i I 1 I f 02608 05/01/86 CITY OF DENTON PAGE_.~pF,~ POLICT/A'MNINTRATIV! FROCIDUAVADIIININTRATITYX DRNOTIVS SECTION: PBRSOWBL/BPD'LOYBi ABLATIONS REFERENCE NUMBER; 108,02 SUBJECT: STMDARDf3 OF CONDUCT FOR WPLOYEBS EFFECTIVE OATE r~r~I: KRAL/BREAK TIMS REPLACES. POLICY STATBbMUT: I , lSea- Every effort will be made to ensure that all employees receive a daily meal break during each shift. This break is to be taken at the discretion t the department supervisor. There may be instances, however, when an employee may not receive a scheduled meal break due to scheduling srd/or the nature of the work. 1 II. Asst Breaks No more than two rest breaks may be made the immediate supervisor. Rest breaksshallibebconsitered eaaprivilegef and not a right and shall never interfere with proper performance of an f employee's work responsibilities and department work schedules. i A. Rest Break Congitto _ Rest breaks are a maximum of fifteen (15) minutes. Employee rest f breaks muut be taken at, near, or in route to or from work sites within the fifteen (15) minute limits. Employees whose work sitee ' and/or work schedules do not permit opportunities to obtain food or beverages should plan ahead and take provisions with them to the work sites. A. Rest Break Pr.~++.... v^t Permitted 1. Combining two daily breaks into one thirty (30) minute rest period. 2. "Banking" rest period time from day to day. 3. Saving rest period time to extend lunch period or shorten shift is prohibited. Requesting compensatory time off or overtime pay for work performed during rest period. 5. Field crews will not be allowed to leave the job site for breaks. 1006] 01/07/86 CITY OF DENTON PAGE !JF POLICY/ADMINISTRATIVIC PBOCIDURN/ADMINISTRATIVE DI$EOTIVE REFERENCE SECTION: PERSONNRL/RMPLOM RELATIONS NuMBERl11. 01 EFFE~'TIVE DATE: r SUBJECT: LEAVE/ABSENCE 11/19/85 ` REPLACES: TITLE: SICK LEAVE 1975 Rules and Regulations ` ~r I POLICY STATRMENT! I` Sick leave is a benefit provided to cover illnesses of the employee or covered dependents, but it is expected that the actual use of sick leave will normally be lees than the number of days which are provided per year. Sick leave accruals accumulate to provide the employee coverage for severe or catastrophic illnesses. I Although the City provides sick leave accrual at the rate of twelve days per year, excesstve absences on the part of the employee may signal a performance problem 'to the supervisor. Continued use of sick leave at higher than average rates may create situations within a :pork group which hamper accomplishment of r the tasks. A supervisor may take remedial action by setting attendance goals or enforcing the appropriate disciplinary action. Employees who die while in service of the City or while on authorized military leave of absence shall be paid for all unused sick leave not to exceed 90 working days. Payment shall be made to the estate of the employee or beneficiary of the sick leave benefit, whichever the employee has designated. I I Employees who leave the service of the City, except as provided for in the ` paragraph, shall not be paid for unused accrued sick leave. Civil Service f employees are an exception to this rule; please see Section V of this policy for full details. 0184a 05/01/86 I I r DATE: r CITY COUNCIL REPORT FORMAT :Say 9, 1986 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LLOYD V, HARRELL, CITY MANAGER SUBJECT: Lease of Office Space at 324 E. IlcKinnev Street RECOMMENDATION; I recomr.end that the City Council approve this office lease agreenent between the City and Joan Cohanen, Rickve Earl Coleman, and Patricia Pennington for office space at 324 E. ':cKinnev. SUIVAR : This office space lease expired and now needs to be extended for 10 months in order to give the City time to negotiate a new long term lease (insuring that we settle on a fair and future nlanned long tern lease). BACKGROUND: We have had a five vear lease with the above named people. This building, 6,465 sa.ft., now houses Data Processing and Personnel Departments. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; The Data Proceasin~ and Personnel Departments and the Building Onerations budget which is funded by the General Fund are the affected denartr.ents/divisions. FISCAL IMPACT; $5,435.25 per month $54,353.00 for 10 month lease period (Same as current lease,) Z FULLY 49MITT LL D V. HARRELL CITY MANAGER / PREPARED BY: A Bruce Iieninaton TITLE Superintendent of Building operations AP ED' AM TITLE 1419L I i NO. AN ORDINANCE APPROVING AN AGREEMENT PROVIDING FOR THE LEASE OF OFFICE SPACE AT 324 EAST 14CKINNEY STREET, AND DECLARING AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i• SECTION I. That roves an officethleaseyagreementobetweenlt tie fCitytandh Joan Coh&San, Rickye Earl Coleman and Patricia Pennington for office space at 324 East McKinney Street in accordance with the terms thereof, said agreement being attached hereto. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. I PASSED AND APPROVED this the day of i , 1986, i j ~ CITY OF DENTON, TEXAS i L~ ATTEST: C1~T' OFDENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON$ TEXAS BY: : 1418L E THE STATE OF TEXAS S n OFFICE LEASE AGREEMENT COUNTY OF DENTON S This lease agreement is made and entered into by and between the City of Denton, Texas, a municipal corporation located at 215 East McKinney Street, Denton, Texas ("Lessee"), and Joan Cohagen, an individual residing in Denton County, Texas, and Rickye Earl Coleman and Patricia Pennington, Executors of the Estate of Earl L. Coleman ("Lessors"). In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, office space comprising 6,465 square feet of usable space, locate4 on the first floor of the building at 324 East McKinney, Denton, Texas, and hereinafter called the "leased premises". ARTICLE 1. The term of this lease shall commence on April 15, 1986, and end at 12:40 midnight on December 31, 1986, subject, how- ever, to earlier termination as hereinafter more particularly described. t Lessor shall on the commencement date of the term of this lease as hereinabove set forth, place Lessee in quiet posses- sion of the leased premises and shall secure it in the quiet possession thereof against all persons lawfully claiming the same during the entire lease term and any extensions thereof. ARTICLE 2. Lessee will pay Lessors, at 318 B East Oak Street, Denton, Texas, as rent for the leased premises, the sum of Five Thousand Four Hundred Thirty-five Dollars and Twenty-five Cents ($S,43S.2S), per month, payable, in advance, by the first (Ist) day of each rental month. It is further understood and agreed by and bet the parties hereto that the Lessee may cancel and termina.c; this lease upon sixty (60) days written notice to Lessor in the event that funds to carry out the purposes and obligations of the lease become unavailable or are suspended, cancelled, or terminated by the City Council, of the City of Denton. ARTICLE 3. Lessee will use the leased premises only for office i purposes, including data processing operations, and restrict ` their use to such purposes unless Lessor or Lessor's authorized agent, shall give Lessee prior written consent for a different use. r Lessor agrees that at all times the Lessee and public shall have easy, convenient, and unobstructed access to the leased premises including reasonable available parking. ARTICLE 4. Lessee acknowledges that its acceptance of possession of the leased premises constitutes a conclusive admission that it has inspected the leased premises and has found them in good condition and repair. Lessee agrees to surrender the leased premi,kis to Lessor at the end of the lease term in the same condition as when Lessee took possession, allowing for reasonable use and wear and damages by act of God, including fire and storms. ARTICLE S. Lessee shall pay for all utilities furnished the leased premises for the term of this lease, including electricity, gas, water, and telephone services. Usual janitorial and maintenance services including sweeping and waxing of floors, the cleaning of windows, replacement of light bulbs or fluorescent tubes shall be performed by Lessee. ARTICLE 6. Lessee shall be responsible for only minor maintenance and Lessor shall be responsible, at her expense, for all major maintenance of the leased premises so that the premises will have: (a) effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors caused by natural hazards and normal wear; (b) a satisfactory foundation and structural frame to maintain the leased premises in condition fit for its intended use; (c) building, grounds, and appurtenances at the time of the commencement of the lease in every part clean, sanitary, and free from all accumulations of debris, r filth, rubbish, garbage, rodents, and vermin, and all areas under control of Lessor thereafter kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. Lessee will assume responsibility for all repairs resulting from damages caused by the Lessee and any equipment or remodel- ing work performed by the Lessee. Lessee will also assume responsibility for all major plumbing repairs such as, but not limited to, a sewer line collapse. Lessee will also assume all responsibility for repairs to air conditioning and heating systems for the leased premises until the termination of this lease. ARTICLE 7. Lessee shall not make any alterations, additions, or improvements to the leased premises without the prior written consent of Lessor. Consent for nonstructural alterations, additions, or improvements shall not be unreasonably withheld by Lessor. Lessee shall have the right at all times to erect or install furniture and fixtures provided that Lessee complies with all applicable governmental laws, ordinances, and regulations. Lessee shall have the right to remove at the termination of this lease such items so installed; however, Lessee shall, prior to the termination of this lease, repair any damage caused by such removal. ARTICLE 8. Partial destruction of the leased premises shall not render this lease void or voidable, or terminate it except as herein provided. If the premises are partially destroyed during the term of this lease, Lessor shall repair them, when such repairs can be made in conformity with local, state, and federal laws and regulations within sixty (60) days of the partial destruc- tion. Rent for the premises will be reduced proportionately to the extent to which the repair operations interfere with the normal conduct of Lessee's business on the premises. If the repairs cannot be so made within the time limited, Lessor has the option to make them within a reasonable time thereafter, not to exceed thirty (30) days and continue this lease in effect with proportional rent rebate to Lessee as provided for herein. If the repairs cannot be so made in sixty (60) days and if Lessor does not elect to make them within the reasonable time thereafter, either party hereto has the option to terminate this lease. If the building in which the leased premises are located is more than one-third (1/3) destroyed, Lessor may at his option terminate the lease whether the premises are damaged or not. ARTICLE 9. f Lessee agrees not to assign or sublease the premises leased, any part thereof, or any right or privilege connected therewith, or to allow any other person, except Lessee's agents and employees, to occupy the premises or any part thereof, F, without first obtaining the Lessor's written co set. Losse 's interest in this lease is not assignable by op nor is any assignment of its interest herein, without Lessor's written consent. ARTICLE 10. i Lessor shall pay and fully discharge all taxes, special assessments, and governmental charges of every character imposed during the term of this lease on the leased premises or any part thereof,. ARTICLE 11. Lessee shall have the right to erect signs on any portion of the leased premises including, but not limited to, the extertof uilding. at the e termination and close any holes caused by such removal. ARTICLE 12. Lessee shall permit Lessor and his agents to enter into and upon the leased premises at reasonable timma+.n or the purp se of inspecting the same or for the purpose repairs or alterations to the building. ARTICLE 13. If during the term of this lease or any extension or renewal thereof, all of the leased premises shoulrnroe taken for ordiy public or quasi-public use under any go nance, or regheatcondemni gy authority eundert hreat ,of rcondem- be sold to nation, this lease h and the as ofathe during the he unexpired data of the taking of said premises by the condemning authority. If less than all of the leased premises shall be nt kenlfo any public or quasi .public use under any g i E~ r ordinance, or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation, this lease shall not terminate but Lessor shall r forthwith at his sole expense, restore and reconstruct the building and other improvements, situated on the leased f premises, provided such restoration and reconstruction shall make the same reasonably tenantable and suitable for the uses for which the premises are leased. The rent payable hereunder 1 during the unexpired portion of this lease shall be adjusted equitably. Lessor and Lessee shall each be entitled to receive and retain such separate awards and portions of lump sum awards as may be allocated to their respective interests in any condem- nation proceedings. The termination of this lease shall not affect the right of the respective parties to such awards. ARTICLE 14. Lessor will not permit any mechanics' lien or liens to be placed upon the premises or the building or improvements thereon during the term hereof, and in case of the filing of any such lien Lessor will promptly pay same. If default in payment thereof shall continue for twenty (20) days after written notice thereof from Lessee to Lessor, the Lessee shall have the right and privilege at Lessee's option of paying the same or any portion thereof without inquiry as to the validity ' thereof, and any amounts so paid, including expenses and interest, shall be an indebtedness hereunder due from Lessor to Lessee and shall be repaid to Lessee immediately on rendition of bill therefor, together with interest at nine (9k) percent per annum until repaid. ARTICLE 15. Lessor is expressly given the right to assign any or all of its interest under the terms of this lease; provided, however, that Lessor agrees to give thirty (30) days written notice to Lessee of such assignment including the name and mailing address of such assignee. ARTICLE 16. If Lessee shall allow the rent to be in arrears more than fifteen (15) days after written notice of such delinquency, or shall remain in default under any other condition of this lease for a period of thirty (30) days after written notice from Les- sor, Lessor may at its option, with notice to Lessee, terminate this lease and take possession of said premises without being r deemed guilty of any manner of trespass, and relet the premises or any part thereof, for all or an rem said term, to a party satisfactory tortLess the andainder of monthly rental as Lessor may with reasonable diligence be able to secure. Should Lessor be unable to relet after reasonable l efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this lease, or arty renewal thereof, plus the expense of relettin shall pay the amount of s g, then Lessee such deficiency to Lessor. ARTICLE 17. If Lessor defaults in the o an covenant, or condition required to bee performed byfLessor under this agreement, Lessee may elect either one of the following; (a) After not less than fifteen (15) days notice to Les- sor, Lessee may remedy such default by any necessary action, and in connection with such remedy may pa expenses and employ counsel; all sums expended or obligations incurred by Lessee in connection there- with shall be paid by Lessor to Lessee on demand, and on failure of such reimbursement, Lessee may, in addition to any other right or remedy that Lessee see may have, deduct the costs and expenses thereof from rent subsequently becoming due hereunder; or (b) Elect to terminate this agreement on least thirty (30) days notice to Lessor iofngsuch intention, thereby terminating this agreement on the date designated in such notice. ARTICLE 18. Should Lessee, or any of its successors in interest, hold over the premises, or any part thereof, after the expiration of the term of this lease, unless otherwise agreed in writing, such holding over shall constitute and be construed as tenancy from month to month only, at a rental equal to the rent payable f or the last month of the term of this lease plus fifty (50%) percent of preceding sentence shallunot beo con,str ede asi Lessors consent f to hold over, or Lessee ARTICLE 19. All notices provided to be given under this agreement shall be given by certified mail or by hand delivery, addressed to the proper party, at the following address; LESSOR.: LESSEE: Joan Cohagen Lloyd V. Harrell, City Manager 326 East McKinney 215 East McKinney Denton, Texas 76201 Denton, Texas 76201 ARTICLE 20. (a) This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this agreement. (b) This agreement shall be construed under and in accor- dance with the laws of the State of Texas, and all obligations C of the parties created hereunder are performable in Denton County, Texas. (c) In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. (d) This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. (e) No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. (f) The rights and remedies provided by this lease agree- ment are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights and parties may have by law, statute, ordinance, or otherwise. (g) No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this lease shall be deemed to be waiver of any other breach of the same or any other term, condition;, or covenant contained herein. (h) In the e-ent Lessor or Lessee breaches any of the terms of this agreement whereby the party not in default employs t r 1 P i R attv:neys to protect or enforce its right hereunder and pre- l vans, then the defaulting party agrees to pay the other party reasonably attorneys' fees so incurred by such other party. (i) Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this lease so long as such f performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, floods, and any other cause not reasonably within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. (j) Time is of the essence of this agreement. IN WITNESS WHEREOF, the undersigned Lessor and essee hereto execute this agreement as of the ~ day of , 1986. JOAN COHAGEN, RICKYE EARL COLEMAN & PATRICIA PENNINGTON, LYSSORS i GEN i { 71 CITY OF DENTON, LESSEE BY: LLOYD V_._WKKhLL, -MANAGER APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: lc DATE: May 20, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #9617 LAMPS, HIGH PRESSURE SODIUM RECOt*1£NDATION: We recommend this bid be awarded to the lowest bidder, WESCO, for the following items: 1. 250 pc 100 Watt HPS lamp @ $14.37 each for 262* Lamps = $ 39750.00 2. 400 pc 250 Watt HPS Lamp @ $15.77 each for 412* Lamps = $ 6,580.00 keven case quantities $109330.00 SUMMARY: This bid is for the purchase of high pressure sodium lamps for streetlights. The quantities listed are for approximately a 90-120 day supply and are to replace warehouse stock. BACKGROUND: Tabulation Sheet PROGRANS. DEPARTMENTS OR GROUPS AFFECTED: Warehouse Stock and Electric Distribution Streetlight Maintenance FISCAL IMPACT: 1985/86 Budget Funds Account Number 710-004-0582-8708 Working Capital Warehouse Inventory ' Respectfully submitted: Lloyd U. H rell City Mana r C_ j Pr red by, Name: Tom D. Shaw, C.P.M. i Title: Assistant Purchasing Agent Approved: ~Izz ! Namei John `J. Marshall, C.P.M. Title: Purchasing Agent i ! BIC, y ii.l Ir.i?i.ER flll.ELRE b,E itlN'_ f(]k_'itF } HiC ~Ili~ i4tIP';, Ii.f,S, ~ El+_EiG1E I ELCCiFIC ~I?Fil+ ',I,f~!,r ~ ~L~f'FCr a! ff,liNli 1 I , I I ~ I I , I 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A Cll. ' ; - - f1Et D£5G!(IfT1CN VENDcA f UEf+DiA ENDGF. VENIIiiA "POCIR • I t 1 ~ 1 1 1 1 1 i LJV iEdlait }(IiiN i id,'31 i }J.%j , .°If1 i jj~Ofl , r 1 I 16 16, sr, 15,8.1 1 - 1 1 1 ' ' 1 1 I 1 din) ~Ldrlp 25ii4 16.2i I 16,4E 1 16,50 ~ 6,±4 I 16, s0 1 17,44 1 I ; 1 I 1 , I 1 , 1 I I I 1 1 1 r iDOj VPfY i )fi byv i i 1 t}dY5 i I ' ' 28 Gati'S I 28 Days I I I I I I 1 I I I 1 I I 1 I I I I I I 1 ' I 1 I I I I I f t1r` II I i I III f I ~ i I r ";(f~W,tVN:Wlw ltaq~~1a v,al 1•i.., 1 I l ( r , E[U a ~BL~ °ia~fe ,ii wE5C0 6H+EA6 NELSGII EFfI t BOSUELL [i Siii'lIIiF t1 Fj, ll,F.S, L. rIYIL EV_ELIFIL IL;L11, 1L Slri!E OlLhEl 0 B. i96, F' If, ffi0(VIV lltllfi f;l:r•:U~rTd ' i - W ; 01+ ITL h RKRIFIION bE1;DOk I 4EI10clR vENI.D 'i11UL, It ULNUOk ; ! i51' 'LArp U'9N >l41'1 17118. 13, n( 17.0fr i511t ~t0 ILaoD 750W rk`171 ; !5115 14, 9G 15150 ' 5160 I ;Order by 4 Days 5 UBVS i 4 rdV5 i 30-45 Davs i rel i very t5b ; i i r E ul WAWA 0923L NO. ~ • AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and ' City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bi' proposals and plans and specifications therefore; and WHEREAS, Section 2,36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of Dublic works or improvements, as described in the "Bid Invita- ,ions", "Bid Proposals" or plans and specifications attached l hereto are hereby accepted and approved as being the lowest responsible bids: i BID NUMBER CONTRACTOR AMOUNT 9549 Security Pacific Capital Markets 11,387.46 9609 Atkins Brothers Equipment Company 445,227.35 9616 Grace Construction Company $ 18,421.00 SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or Improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager Is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or Improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and PAGE ONE r Bid Proposals, and documents relating thereto specifying the IA terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV, That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the + amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. I i That this ordinance shall become effective immediately upon ` its passage and approval. PASSED AND APPROVED this the 20th day of May, 1986. F j RAT STEPHENS, MAYOR CITY OF DENTON, TEXAS r ATTEST: M I i CHARLOTTE ALLEN-,CITY SSUFFAIFY CITY OF DENTON, TEXAS i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO , DATE; May 20, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council M" FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID #9549 THIRD PARTY LEASE/PURCHASE FINANCING ADDENDUM #1 RECOMMENDATION: We recommend this "add-on" to Bid Number 9549 be approved at the 7.39% annual percentage rate offered by Security Pacific Capital Markets for the funding of 6 (six) police patrol sedans. The interest cost for 36 months is $11,387.46. SUMMARY: The initial Lease/Purchase Bid #9549 was approved by Council 12/3/85 for the funding of $865,000.00 woth of vehicles and equipment. This addendum is for the funding of six additional patrol sedans at $14,712.48 per unit for a total of $88,274.88. This price includes the sedans, as approved by Council 3/4/86, plus the radios, light bars and other associated equipment. The financing cost will be $11,387.46 for 36 month financing. BACKGROUND: Memo to Council dated 12/3/85 Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Motor Pool Financing - Police Department Assigned Unit Take-Home Program FISCAL IWACT: These lease payments will be funded thru the Motor Pool Working Capital Account #720-004-0020-9142 and charged back to the Police Department budget account. Respectfully submitted: L cyd U. arrell City man ger i :7ared by: i ► Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: i ,ry' e;" John J. Marshall, C.P.h1. Title: Purchasing Agent DATE: December 3, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID 49549 THIRD PARTY LEASE/PURCHASE FINANCING a, RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated alternate bidder, Security Pacific Capital Markets at an annual percentage rate of 7.39%, for approximately $865,000.00 worth of vehicles and equipment. Total intrest cost over 36 months is approximately $939000.00. SUMMARY: This bid is for the financing of approximately $865,000.00 worth of equipment and vehicles as motorpool replacement and fleet additions. Our request for bid called for a master lease with multiple payment schedules (one for each piece of equipment). The bids received offered an escrow arrangement with one payment schedule as an alternate. f The recommendation above is based on the lowest and most responsive alternate bid, Security Pacific Capital Markets. The bid offered by Chrysler calls for unacceptable payment terms and the bid from Public Leasing did not include sufficient data for an evaluation. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: ► Motorpool Financing FISCAL IMPACT: These lease payments will be funded thru motor pool expense ► y Account #720-3002 and charged back to the respective fund for each affected department as set up in the 1985/86 budget. Respectfully submitted: Rick ve a Acting City Manager Prepared by: ,ame: Tom Shaw, C. . Title: Assistant Purchasing Agent Approved: Name: Tom Shaw, C. Title: Assistant Purchasing Agent w cro. n pi H H n ~ d t7 I____ I C M .-3 ea r ~ M ~ < a A F ~.~IT N rn ~D n 7 u V Ln H r m x o cn a x N n V ~s p nr 17N C 7oDnn w N a)n-4 i ~ 77 ~ I no nr v pc omc ~ s ~HW I ~ C; nTnT rL o~•o~ ro 'a vii w n r fD R7 T 70 p nrnT z a w ~ 'v n n nr- m n ao ;o min Ln e n ~ ae z g r M N. n DATE: May 20, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 119609 STUART-PERSHING PAVING & DRAINAGE i F RECOMaENDATION: We, with the Engineering Department, recommend this bid be awarded to the lowest acceptable bidder, Atkins Bros. Equipment Co. of Grand Prairie, for item 18 at a total cost of $445,227.35. 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 & guttering, etc. BACKGROUND: Tabulation Sheet Memo from Jerry Clark PROGRAMS, DEPARTIMS OR GROUPS AFFECTED: Drainage & Paving Capital Improvements, Streets and Engineering, and Royal Acres Subdivision Section 7 Phase I. FISCAL IMPACT: There is no additional imnart on the General Fund. Respectfully submitted: Lloyd V. arrell City Manager Pr ared by: Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: /Name\ ' John J. Marshall, C.P.M. Title! Purchasing Agent iIIL 4 i'Y ; dk:rtE nif 1N5 Chc4'EkC ulC'LcCiSON IAF'LniIEC iuhE If, (lfl.t SIOH i FENSNINO FAV Itic t016)ROC llult uni15• PAV)llb hi1LIION ! Of ILIIIE: Of HirJAOE Lo E L U I P h f N 1 tO. 10, INC. r, iIrENEb tiiil F, N, CO, ' I e{IUi~'!It { I : I I-- - ; 1 i uTi IIEh KHRIPFICih VEKIOR bEt1OOk JCIIBOh GI[NGON ENLOk la ;Asotall Alternate with 9 ,]OO,r 9S5,IOS.JS b ,4a7 4J Sf•5,iici,'iO ; h i !Total F'roiect I I I I i fi 1U kfihall Alternate Hitt 945,: r. ;;l d5.56d.?5 ;)4,r397,;r! ,19; I, I.t,ril ; ifntai F'rolecl plus Juno I IA]Ierfiat e ~a ; iC!'n Cr ete At ter nate Nl th i 554 1al. y!5 l1o, 742, 4t1 4c+J,]il,i`+ i i 0911, I51, tU lulal Frolect I , I I I I 1 ib Concrete Alternate with ; 570,574.45 f 95:,180.9+! Oil t1:_-~y bb9,Itii1,5+"~ tut al Pr Uleft olus dune ; ;Alter!~ete ; I ' I i I I I I I , I I ;tinsal Acres bid 194,90,y:tl~ ~ 16r,3 44,51" ~ 15;,,9al.l.`I I~!r,44 `.'14t,r~,l.l ; , .:erlloi, ~ Ihase I , I I , fr I I r 4 , ilGti'i tQw t'td lb I I 14. G_I ,YJ , LU' ;41l, 111! i 'l84, i/4, i. C' r , ~ r I ' I ' I I i 4 I I I I i I• i i f i C ~r DATE: May 20, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council r ~ FROM: Lloyd V. Harrell, City Manager f SUBJECT: BID #9616 DRIVEWAY FOR PAIGE ROAD SUBSTATION I' RECOMMENDATION: We recommend this bid be awarded to the lowest and best bidder, Graco Construction Co., in the total amount of $18,421.00. SUMMARY: This bid is for the construction of an 850' x 12' driveway from Paige Road to the Paige Road Substation site. The bid includes all concrete and culvert work as well as an all weather lime slurry stabilized roadway. i gKGROUNO: Tabulation Sheet PROGRAMS-, DEPARTI4ENTS OR GROUPS AFFECTED: Electric Metering and Substation FISCAL IMPACT:. 1985/86 Electric Utility Bond Fund Account #611-008-0253-9217 (DWO 5840) Respectfully submitted: Lloyd V. rre11_ L'i ty Man er Pr ared by: Namef Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: ,?z ,me: ` J hn J. Marshall, C.P.M. ftle; Purchasing Agent r.lll it 1 1:i 141.1 IJI~IIl.{.! I 'II' I ~II~! I~! ! I i i! I I l11t~ 11' I f{II ;4~,1 11111 .I LNI'il Ei.ll I I 3 I f ll ! r 1 jl'I lr l i l I I I ~ 111 V I II li I III 1 r Mr,p I r II ;11 ~ I I If rl !,L'n it{I ! 31{il 1 I il!,II;' ;I Ill!{, II I 3 I I 3 I I I 3 3 :'i II I ~ ~I I f.1 3fl I I' I -1 I ~ ! 1 i I I I j 1 I ~ I I )II I. ,11.14 Ifni {I'r !.(!L 11..1 L, 1,3 ~.,li I.IfI 3 ,3, 111, lIli , • ~ 1 J I ' ' I r I I{ fuf 3 III if 1„1.1 i_. 1 l I I 3 1 I 1 1 1 I I j I I Illlr'1!.. ; ;11,3',1.1 Illl ; 1;-I„r4„'I, 1111 , ' I 1 1 I I 4 , 3 ii_.C 111111 .(:'!1.. 1. c f1 IJ. fIlk1 i '1 L~1 •.I i '~!I I'I,~=r'`: r i , f 1 I , i I I I ' II r I 14 I I I i F I 1 II 1 1 r DATE: 05/20/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: 2-1789 ORDINANCE RECOMMENDATION: The City Council held a public hearing on April 1, 1936 and recommended that an ordinance by prepared. SUMMARY: The property is located in both a low and high intensity area. The proposal includes general retail, office, multi-family, cluster, single family and a park. r BACKGROUND: Several zoning cases have been requested in the area including a previous requeot on this property. The Planning and Zoning Commission has considered moving the high intensity boundary to the North but no action has been taken. 1 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: f No programs or departments affected at this time and twenty-two property owners were notified prior to the public hearing. FISCAL IMPACT: 1 No impact to general fund can be determined at this tiii•n. ' Respectfully submitted: Lloyd H e 1 repared by: City Manager Cecile Carson Urban Planner Appr d Jeff Mey Director of Planning and Development 0101k 1375L NO. AN ORDINANCY AMENDING THE ZONING IIAP OF THE. CITY OF DENTON, ('EXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THfi CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 239.17 ACRES OF LAND LOCATED WEST OF BONNIE DRAF, STREET, EAST OF WESTGATE DRIVE, NORTH OF PAYNE DRIVE, AND SOUTH OF U. S. HIGHWAY 77, AS IS MORE FARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTUkAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE. COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: CECTION 1. Tha, the zoning classification and use designation of the real property described in Exhibit "A", attached hereto and I incorporated herein by reference, is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under ':he comprehensive zoning ordinance of the City of d.nton, Texas. 1 SECTION II. 1 That the "development concept" site plan, attached hereto as Ex'tibit B and incorporated herein by reference, is approved as a proliminary site plan for the district. Any comprehensive site plnn required to be submitted herein shall not be inconsistent with the development concept site plan. Any amended concept plan submitted for approval shall show and include the whole district. t SECTION III. I That the district herein approved shall be subject to the following conditions, restrictions, and limitations: 1. Prior to the beginning of any development or construction within the district, or of any parcel of land or phase thereoc, or the issuance of any building permits therefore, a detailed comprehensive site plan for the parcel of land for which development is proposed, whether one or more, shall be submitted ' for approval in accordance with the provisions of Appendix B-Zoning of the Code of Ordinances and the requirements of this ordinance. The comprehensive site plans required herein shall be submitted in the manner and form acceptable to the Department of Planning and Community Development and shall show or contain information as to all proposed land uses, development standards and regulations to be applicable therein, including, but not limited to, the location of all buildings and structures, streets, parking and loading areas, recreation, open spaces, and park areas, major utilitJes and drainage facilities; the maximum height of all buildings and structures; the di-ensions of building lots; the maximum lot coverages and building setbacks; all buffering and screening areas and devices; the location, ' size, and types of detached signs and the regulations to be applied to all signs; and such other information as may be required by the department. 2. Any comprehensive site plan required to be submitted herein for any parcel of land shown on Exhibit B, whether one or more, shall not bo inconsistent with the following n!iniMuni standards: i MAX INIUM MAXIMUM HEIGH1' APPLICABLE DEVELOPMENT MAXIMU61 NUMBER OF BUILDINGS STANDARDS/PROPOSED USES- PARCEL ACREAGE OF UNITS (STORIES) _PER ZONING DISTRICTS A 41.93 N/A 3 General Retail, and scientific and research laboratories, engine and motor repairing, and wholesale office and • sample room type uses. B 20.24 N/A 3 Office f C 24.70 N/A 2 Office D 11'34 200 2 Multi-Family (MF-1), and minimum common recre- ation/ open square area of 1,10 acres. ' E 21.85 260 2 Multi-family (MF-R) and ( minimum common recre- ation/ open space area F of 2.20 acres. P 23.41 93 2 Single-Family (SF-10) 1 G 19.31 42 2 Single-Family (SF-16) I H 23.42 144 2 Zoning districts not r applicable; zero lot line single family homes; 40% maximum lot coverage. ` 1 38.97 159 2 Single-Family (SF-7) J 14.00 N/A N/A Public Park 3. The public park site shown as Parcel J on Exhibit B shall be dedicated by an approved final plat or separate instrument of conveyance prior to the issuance of an building parcel of land to be used for residential purposes. permits for any 4. A general development plan as specified in Appendix A of the Code of ordinances, shall be submitted for the first parcel of land or phase to be developed or platted. The plan shall include an exact description of all infrastructure improvements necessary to serve the parcel of land or phase proposed for development. The plan shall specify the phases in which all parcels of lend within the district are proposed to be developed. S. With each comprehensive site plan submitted for approval, a tree preservation plan shall also be submitted. The plan shall show all existing trees over three inches in diameter, measured six feet from ground level; which of those trees required to be shown, will be removed as a result of develop- ment; and the location, size, and type of trees that will be substituted for any existing trees that are proposed to be removed, or will be planted in addition thereto. 6. With each comprehensive site plan submitted for approval i for parcel A, B, C, D, or E, a landscaping plan shall be sub- mitted si,owing at least twenty percent of the total area of the 2-1789/PAGE 2 r tract, exclusive of areas for street rights-of-way, to be permanently used and maintained as comrnon areas for plants, shrubs, grasses or other landscape features. 7. After approval of any comprehensive site plan for any parcel of land in the district which is proposed to have direct f or Indirect vehicular access to Bonnie Brae Street, but prior to the beginning of any development of such parcel, a development ` contract as required by Appendix A of the Code of Ordinances shall be executed to provide for the paving of Bonnie Brae Street in accordance with the provisions of Appendix A of the Code of Ordinances, provided, however, that such it.rprovements shall include the improvement of Bonnie Brae Street from its ` intersection with Highway 77 to its intersection with Payne Drive, Such improvements shall be made in accordance with City standards and shall be completed and approved prior to the acceptance of any public improvements in the parcels of land to which this paragraph applies. 8. The first comprehensive plan submitted for approval of the district shall include and show a plan for the realignment of Bonnie Brae Street where it intersects with Highway 77, and provide for the cost of all needed traffic signilization for the r proposed intersection of realigned Bonnie Brae Street and the major east-west arterial street adjacent to parcels A, B. and C. The approved plan shall be attached to or incorporated in the comprehensive plan so approved. 9. All development contracts required to be executed in accordance with Appendix A of the Code of Ordinances for the development of any parcel of land shall provide for the construction of sidewalks, meeting City specifications, along the southern and western sides of all public streets to be constructed or improved within or adjacent to the district. 10. The first comprehensive site plan submitted for approval for the district shall be accompanied by a plan providing for a cul-de-sac at the northern end of Westgate Drive where it abuts the district. The development contract for the first parcel of land or phase to be developed shall provide for construction an completion of the required cul-de-sac in accordance with the plan thereof approved with the first comprehensive site plan. 11, Prior to the issuance of any building permits for buildings in parcels C, D, E, or H, a six foot high masonry fence shall be constructed along the respective borders of the parcel for which the building permit is sought, such fences to be located as follows: the southern and western boundaries of Parcel C; the western boundary of Parcel D; the southern and western boundaries of Parcel E; and the eastern, western and southern boundary of Parcel H. SECTION IV. That the approval of the district as provided for herein shall not, and is not intended to, be deemed approval of any particular land use in such district, but shall be construed only to mean that those proposed land uses, as provided for 'Lt.-oin, may be considered as possible appropriate uses for the district at the time the corprehensive site plan in submitted therefore, the approval thereof being based upon relevant factors which may include, but not be limited to: the time elapsed from the effective dare of this ordinance to the date the comprehensive site plan for the district is submitted; the number of proposed buildings or dwelling units and proposed uses; the arrangement and design of the buildings, streets, parking areas, utilities and other development features; and the proposed regulations to be applied to the district. 2-1789/PAGE 3 SECTION-V.- That the development of the property shall be in substantial compliance with the final comprehensive site plan hereafter f approved and made a part hereof for all purposes and the regula- tions, conditions, and provisions herein contained, The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No, 69-1, as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. • SECTION VI. That the City Council of the City of Denton, Texas, hereby I 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 VII. Any or person who comply therewithator awithprovision any of fthe this requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding tr 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 VIII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is ` hereby dirocted 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 1 the date of its passage. PASSED AND APPROVED this the day of 1986. f CITY OF DENTON, TEXAS ATTEST: i UARLOTTF ALLEN, s fA-R7 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Z-1789/P WE 4 EXHIBIT All that certain lot, tract, or parcel of land situated in the Pathan Wade Survey, Abstract Number 140' and the F. Batson Survey, Abstract Number 43, Denton County, Texas and being a tract described in a Quit Claim Deed to Dillon F. Smith and John Linn Smith, recorded in Volume 608, page 393, Deed Records and part of a tract described in a deed to Dillon F. and John Linn Smith, recorded in Volume 608, page 394, Deed Records, part of a tract to Dillon F. Smith, Trustee, recorded in Volume 608, page 396, Cied Records, and part of a tract to John Linn Smith and Dillon Francis Smith, recorded in Volume 512, page 573, part of a tract to Frank W. Head, recorded in Volume 660, page 728, Deed Records and being more particularly described as follows; Beginning at a fence corner post at the northwest corner of the tract described in Volume 608, page 393, Deed Records; r Thence North 89 degrees 45 minutes 35 seconds East with a fence 1902.32 feet to an iron pin found in the ground; Thence North 00 degrees 19 minutes 25 seconds East 759.45 feet to an iron pin found in the ground on the south right-of-way of U.S. Highway 77; Thence South 58 degrees 58 minutes 17 seconds East with the south line ' of said U.S. Highway 77, 694.30 feet co a fence corner post; Thence South 45 degrees 06 minutes 04 seconds East 62.39 feet to a fence corner post; Thence South 26 degrees O1 minutes 58 second,, East with the west line of Bonnie Brea 378.32 feet to a fence corner post; Thence North 89 degrees 45 minutes 35 seconds Fast 32.40 feet to an iron pin set in the center of Bonnie Brae, said corner being the northeast corner of said Volume 608, page 393; Thence South 00 degrees 0 minutes 28 seconds West with said east line 1902.59 feet to an iron pin set in the ground; i Thence South 89 degrees 56 minutes 37 seconds (Jest with a fence part of the way 987.40 feet to an iron pin set in the ground; Thence South 00 degrees 13 minutes 25 seconds West a distance of 1444.98 feet to an iron pin set at a point in the south line the tract described in Volume 608, page 396 and in the north line of tr®ct described in Volume W, page 573, Deed Records; Thence South 89 degrees 30 minutes 41 seconds Fast with said south line 61.16 feet to an iron pin set in the ground at the northwest corner of the excepted tract described in Volwne 512, page 573, Deed Records; f Thence South 00 degrees 48 minutes 12 seconds :Jest with the west line of said excepted tract 237.62 feet to an iron pin set in the ground at its southwest corner; Thence South 89 degrees 11 minutes 59 seconds East with a fence on the south line of said excepted tract 900,0 feet to a fence corner post at f the southeast corner of the excepted tract; f Thence North 00 degrees 48 minutes 01 seconds East with a fence on the east line of the excepted tract 142.52 feet to a fence corner postt Thence South 89 degrees 31 minutes 20 seconds East a distance of 23.67 feet to an iron pin set in the east line of said Wade Survey; Thence South 00 degrees 19 minutes 28 seconds West with the east line of the Wade Survey 916.79 feet to an iron pin set in the ground; Thence North 89 degrees 49 minutes 11 seconds West with a fence part of the way 2720.22 feet to an iron pin found in the center of Payne Road; Thence North 00 deg.aes 05 minutes West with the center line of Payne Road 2905.45 feet to an iron pin found; t Thence North 00 degrees 24 minutes 46 seconds West a distance of 1348,13 feet to the Point of Beginning and containing 239.174 acres of land. L-1739 F SON l T 61 j r ~ ,~o ao / L~)j ILL) II r r e i DATE: 05/20/86 CITY COUNCIL REPORT FORMAT i/D TO: Mayor and Members of the City Council PRO14: Lloyd Harrell, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN INSTITUTING 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 2,000 FEET EAST OF TRINITY ROAD (A-35) ` RECOMMENDATION: i The Planning and Zoning Commission recommends approval, SUMMARY: If approved, this annexation will extend a 500' strip east along E. 1 McKinney (FM 426) to the southwest corner of the Lakeview site already annexed and zoned, Approximately 80 acres are part of a voluntary request and the balance is proposed for involuntary annexation. Final action is scheduled for June 24, 1986. 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. PROGRAMS, DEPARTMENTS OR CROUPS 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 Respectfully submitted. Prepared by: 140 Or el ~-h„y'~A~, iV~" l City y Manaagger David Ellison Senior Planner Appr Ae AJA Jeff Director of Planning 16818 and Development "a3L NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO a THE CITY OF DENTON# TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 142.0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MORREAU FORRLST SURVEY, ABSTRACT NO. 417, AND THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330; DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. in WHEREAS,"a A"I request for annexation for the property described porated by reference erein,wwashintroduced eat arregular dmeeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton and Oakhill Joint Venture; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the , day of v'i 1986 in the Council Chambers for all interested per ns to state their f views and present evidence bearing upon the annexation provided r by this ordinance; and I WHEREAS, an opportunity was-pfforded, at a public hearing held for that purpose on the 6 - day of 1986 In the Council Chambers for all-Tnierested person to state their views and present evidence bearing upon the annexation provided by this ordinance; and t 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 BENTON HEREBY ORDAINS: 1 SECTION I. I That the tract of land described in said Exhibit "A" be, and I the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the f 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 II. The property described In Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. Should any section or part of this ordinance be held uncon- stitutional, illegal or Invalid, or the application thereof ineffective or inapplicable as to any territory, such unconsti- tutionality, Illegality, Invalidity or ineffectiveness of such A-3S/OAKHILL JOINT VENTURE/PAGE ONE section or part .shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason be 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 I there is included within the general description of territory 1 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 1 other City, Town or Village, or which are not within the City of Denton's jurisdir.tion to annex, the same is hereby excluded and 'i excepted from the territory to be hereby annexed as fully as if I such excluded and excepted area were expressly described herein. k SECTION IV. r This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the day of i 1986. PASSED AND APPROVED by the City Council on the day of 1986. IF I tIAYOR CITY OF DENTON, TEXAS ATTEST: I CIIARLOTTE 9-,7T7Y-nTMAAY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL NORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS A-35/OAKHILL JOINT VENTURE/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 F point lying at the intersection of the East boundary line of the t tract described in Ordinance 83-134, with a point lying 250 feet f Northeast of and perpendicular to the center line of F.M. 426 ` (McKinney Street); I THENCE Southeasterly, 250 feet Northeast of and parallel to the center line of F.M. 426 the following 7 courses and distances: (1) South 53° 43' East, 712.47 feet to a point, said point being the beginning of a curve to the left with a radius of 5,479.50 feet, central angle of 31 38', and a chord bearing of South 550 32' East, 347.42 feet; (2) Southeast along said curve an arc distance of 347. SO feet to a point; (3) South S7° 21' East, 786,6 feet to a point, said point being the beginning of a curve to the right with a radius of 1,523.24 feet, a central angle of 140 43', and a chord bearing of South 49° i9' 30" East, 390,18 ' feet; (4) Southwest along said curve passing the South boundary line of said 1d, 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 391,26 feet to a point; (S) 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 30° 0', and a chord bearing of South 57° 38' East, 409.S8 feet; (6) Southeast along said curve i an arc distance of 414,29 feet to a point; (7) South 72° 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 1, said point also lying in the East boundary line of said Gideon Walker Survey; THENCE South 0° 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 15° 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 P 30' 37" West along said lines a distance of 226.11 feet to a point for corner, said point lying 250 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 60° 56' West, 280.98 feet to a point; (2) North 72° 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' West, 668.65 feet; (3) Northwest along said curve an arc distance of 676.48 feet to a point; (4) North 420 38' West, 861,57 feet to a point for corner, said point lying in the East boundary line of a tract conveyed to A-35/OAKHILL JOINT VENTURE Daniel H. Bailey by deed dated 11-25-78, and recorded in Volume 917, page 381 of the Deed Records of Denton 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 cc;rner of said tract; 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, some being the middle of Pecan Creek, the following 8 courses and distances; (1) North 21° 02' 43" West, 187.49 feet; (2) North 35° 28' 08" West, 73.37 feet; (3) North 63. 27' 14" West, 181.01 feet; (4) • South 61° 44' 31" West, 93.55 feet; (5) North 64° 10' 43" West, 224.81 feet; (6) North 72. 36' 1S" West, 76.07 feet; (7) North 1 050 59' 16" West, 53.31 feet; (8) North 06° 53' 32" East, 380.63 feet to a bend in Pecan Creek; THENCE North 01. 48' 48" East continuing along the West boundary line of said tract a distance of 2,796,61 feet to a point; THENCE North 01. 44' 01" 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 line of F.M, 426; THENCE Northwesterly, 250 feet Southwest of and parallel to the f center lire of F.M. 426, the following 5 courses and distances; ` (1) North 42° 38' West, 15,36 feet to a point, said point being the beginning of a curve to the left with a radius of 1,013.24 feet, a central angle of 14. 431, and a ch-)rd bearing of North 490 59' 30" West, 262.10 feet; (2) Northwest along said curve an arc distance of 262.82 feet to a point; (3) North 570 21' West, I[ 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 30 381, and a chord bearing of North SS' 32' West, 379.12 feet; (4) Northwest along said curve an arc distance of 379.24 feet to a point; (5) North 53• 43' West, 346.53 feet to a paint for corner, said point lying in the present city limits as established by Ordinance 83-134; THENCE North 0° OS' 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 f less. I f i i A-35/OAKHILL JOINT VENTURE i 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 f•., 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: r Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed ' annexation area the following plan of service: 1. Basic Service Plan A. Police ` (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed r as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4,09 of appendix A of the code of the City of Denton, 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. P 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. I (2) Routine maintenance annexed5areaton will present city, , 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 annextti.on area on the effective date of annexation. H. Planning and Zoning (1) The Planning and boning jurisdiction of the cite will extend to the annexed area on the effe, 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. P :creation (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 Distribntion (1) The city recommends the use of City of Denton for electric power. Service Plan Annexed ri:•eas 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 dansity 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 C'TP 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. j , f 1 t I I t + I 1 A o ~ ~A Io L9 -99 /OHS I I i t ;1 99 / / l ~ _ r . i y EI •9B '7/ ' I CLUSTER-11 or- E BF-S I ' F AZ 5 E MCHOa..PA W , SCHOOLoPARKo Comm SpAcs OPEN SPACE I f 1 ~4y PRELIMINARY DEVELOPMENT CONCEPT OAKHILL JOINT VENTURE RAMSEY DEVELOPMENT CORPORATION METROPLEX ENGINEERING CORPORATION 1123 FORT WORTH ORV6 OENTON. TEXAS 762015 _ 817-393.1418 METRO 430-1898 i A-35 ANNEXATION SCHEDULE March 24, 1986 Submit agenda item March 26, 1986 Submit agenda back-up pe * ✓ April 1, 1986 City Council sets date, time and place for public hearing April 2, 1986 Notice to Denton Record Chronicle i✓ 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 ~-April 23, 1986 Planning & Zoning Commission makes recommendation on proposed annexation ✓April 23, 1986 Notice to Denton Record Chronicle ` Apri;. 25, 1986 Publish notice and mailout ` I April 28, 1986 Submit agenda item April 30, 1986 Submit agend+ back-up * e,~ May 6, 1986 City Council holds second public hearing at regu7.ar meeting ✓ May 12, 1986 Submit agenda item ✓May 14, 1986 Submit agenda back-up I * May 20, 1986 City Council institutes annexation proceedings at regular meeting M&y 22, 1986 Utdinance to Denton Record Chronicle May 25, 1986 Publish ordinance June 16, 1986 Submit agenda item June 18, 1986 Submit agenda back-up * June 24, 1986 Final action by City Council at regular meeting * Denotes action by thc, city council 0964g ~r DATE: 05/20/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Counci.]. FROM,. Lloyd Harrell, City Manager i SUBJECT: APPROI IMATELYN,y9D83AACRESNBETWEENC1-35ENANDSF.MU1426,ABEINATPART0OF THE GI THE DEON 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: to be included in 1 This annexation request is for add'. tion 1 xiriuoat eelyrty 1.97 acres is the Lakeview development proposal. Appro involuntary, but Miller of Texas is planning to negotiate for. 3 purchase of the property. t BACKGROUND: This annexation request was submitted on January 16,1©686. 'Coning is earliest possible date for final action is June 24, 1986, not scheduled for City Council action until after final annexation M action. PROGRAMS, DEPARTMENTS OR GROUPS AFr^D% to the petitioners, approximately c dwelling units and 12 According ` persona are located within the area of proposed annexaticn, I FISCAL IMPACT: Undetermined Respectfully submi ted: f ` 1 yd h e 1 CaI Z City Ma ager P r pared ~b~y~:1r David Ellison Senior Planne App ve Jeff Me Director of Planning, and Development 1680g 1382L F r , , No. • AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL SITJATED IN THE APPROXIMATELY DENTON,ASTATEOOFLTEXAS YAND ANDLBEANDINCONSISTING Of BEING PART +'.F THE GIDEON WALKER SURVEY, ABSTRACT NO, 1330, A THE W. DURHAM SURVEY, ABSTRACT NO. 330; DENTON COUNTY, TEXAS; CLASSING THE SAME A AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a request fofawhichsisnatfor the tached heretotyandsincor- in Exhibit A a copy porated by reference hereto, was introduced fentona Texals,r on the of the City Council of the City petition of Miller of Texas and the City of Denton; and WHEREAS, an opportunity was 4fforded, at a public hearing held for tnat purpose on the IS - day of 1986 in the Council Chambers for all-Eterested per ons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public 19a6inn held for that purpose on the day of 1 the iewsoandspresenteevidence all bearing reupon he perFso to ;provided ' v 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 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 pr®sent ari made f turehereby inhabitants thereofishalldbehentlitled ato all the rights and privileges of other citize.is of sa'd City and shall be bound by the acts and after obesr~enactedf andsdthe /property effect or wnich may here City and shall bear its prioa a levied subject to taxes shall part aoE dthe therein SECTION II. The property described in Exhibit "A" is hereby classified maphel3 official City sr of t Deand ntoni,al Texas appear map of Agricultural the "All zoni hereby zoning amended -iccordirgly. SECTION III. applicationldthereof Should anYill gas ection ipart of nvalid, this theordinance stitutional, A-38/MILLER OF TEXAS/PAGE ONE t p ineffective or inapplicable as to any territory, such unconsti- tutionality, illegality, invalidity or ineffectiveness of such i 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 samo 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 r 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 ordindnce, 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 land; 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 on the day of , 1986. PASSED AND APPROVED by the City Council on the day of 1986. obi 1F CITY OF DENTON, TEXAS ATTEST: CHARLOT" ALLEN, CITY MUTUY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A-38/MILLER OF TEXAS/PAGE TWO I i 1382L 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 £ullows: i BEGINNING at a point lying in the present city limits, said point lying at the intersection of the North boundary line of the tract described 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 6S of the Deed Records of Denton County, Texas; THENCE North 00° 06' 04" East with the center of Swisher Road r and with the west boundary line of said tract a distance of 1,520.87 feet to a point for corner, said point being the Western Northwest corner of said tract; THENCE North 89° 50' 58" East along the north boundary line of said tract distance of 1,655.56 feet to a point for corner; THENCE North 00° 41' 35" East along the Easterly West boundary line of said tract a 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 al, by deed recorded in Volume 1363, Page 611 of the Deed I Records of Denton County, Texas; THENCE North 000 08' 51" 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, same 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; r THENCE North 000 13' 37" West along the West boundary line of said Fowler tract a distance of 373.85 feet to a point; I THENCE North 000 42' 2S" West along the West boundary line of said Fowler tract a distance of 800,4S feet to a point for corner, said point being the Northwest corner of said tract; THENCE North 89° 29' 03" East along the North boundary line of said Fowler tract passing 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 Sotthwest corner of a tract of land conveyed to Raymond Lee Grimes by deed recorded In Volume 14.1, Page 6S4 of the Deed Records of Denton County, Texas; THENCE North 00° 40' lull 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 ang'e of 220 00' 0011, and a chord beuring of North 10° 19' 44" East, 549.53 feet; THENCE Northeast along said curve an arc distance of 552.92 feet to a point, THENCE North 210 19' 44" East along the West bounda* line of said Grimes tract a distance )f 698.69 feet to a point for corner, said point being the northwest corner of said tract; I A-38/MILLER OF TEXAS p r THENCE South 700 46' 34" East along the North boundary line of F said Grimes tract a distance of 250.0 feet to a point for corner, said point tying in the West boundary line of Lake Lewisville, said point also being the Northeast corner of said r tract, same being the Northwest corner of a tract of land conveyed to L. Fulton by deed recorded In volume 262 page 424 of 1 40 the Deed Records of Denton County, Texas, and also a U.E. Army Corps of Engineers Monument P-237-W; ' THENCE Southeasterly along the East boundary line of said Fulton tract, same being the West boundary line of Lake Lewisville, the Y following 8 courses and distances; (1) South 240 35' 32" East, 1,164,14 feet to a U.S. Army Corps of Engineers Monument P-236-W; (2) North 79° 33' 36" East, 244,92 feet to a U.S, Army Corps of Engineers Monument P-2354; (3) South 530 Ol' 38" East, 477,87 feet to a U.S, Army Corps of Engineers Monument P-234-W; (4) south 41° 03' 34'' East, 385.97 feet to a U.S. Army Corps of Engineers Monument P-233-W; (5) South 41° 32' 37" East, 302.15 feet to a U.S, Army Corps of Engineers Monument P-232-W; (6) South 30° 2S' 39" West, 359.62 feet to a U. S. Army Corps of Engineers Monument P-231-W; (7) South 510 09' 25" West, 681.09 ' feet to a U.S. Army Corps of Engineers Monument P-230-W (8) South 23° 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 713.38 feet to a point for corner, said point being the Southwest corner of said tract, said point also lying in the East 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 Count„ Texas; THENCE South 010 06' 30" East along the East 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; i THENCE South 000 08' 42" East along the East line of the Hopkins tract a distance of 1,788.55 feet to a point for corner, said point being the Southeast corner of said tract; THENCE South 89° 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 r PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service :e adopted by tho governing body of a city prior to passage of an ordinance annexing an area; and r 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; 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) eFire quip- p ment ofothatfi.rebfighting eforce, 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 1+,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 Citj 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. M Service Plan Annexed Areas image two F. StrEets (1) Emergency mainte ince 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- f 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 r (building, electrical, plumbing, gas, housing, 4 sanitation, etc.) will begin in the annexation area on the effective date of annexation. L 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 C (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. r Service Plan Annexed Areas 1 Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. i 4• 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, wh:.ch will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. I ~ LAKE LEWISVILLE LL 1y~ JCL:: M114.titi~':'f}i L4 ! h :L L1N AGREEMENT LINE K} Ordinance * 74-33 4 August 20, 1974 I f1 DWA I l H fT1!!R11,A,!!!!!4.4T77w f , / 'nM1}r i:ti};{v}Y.{ice} v, i'f :}1i.11f...vv:n•r:::~{~C~~j:'ry;:•:;i?:;:::j{;i: } } ' AGREEMENT LINE Vol. 625, Pg. 447 a AO Y sHORHB ROAO tip'. ti h•% „1Y;>>. 't`:': ,z f < h f~= ( ~X~xr~h ^,F` „\yJ\ZY'Y,~(y~`t•X) f (yY~(yy yf ,(Y\C!,' v ~ f~(~~~X I ;`~~`XfIY h Sr 1jY( 4\IYI X IY~~~r~1!~}~ CY~~ j~~tY(YI~J~,,. (V f~yyaFfyl~/;~r,YIY ry ~ r ~•~,(3 y ~Yfy x1 (Y-f~hY b ,l ~ ~7{ . <y,:.x,.r .,f ` 4 xfY;Z~~()XJ~Xh'~t r'\h~y1 y,~ Y'~~Ytl~ j y 7 J .~f y7hxx x'?Ix~Xyybj . l' r X I.~.'.•' r~Rf ~ c ~ , /Y~~y ~?cY~~7 :~'J4y ~ ti RIO 5 (y.; ; Oanfoon City Urnilts taW Shady Shoran City Limits y~4 Corinth Clby Llmlb■ COMPOSITE CITY LIMITS and E.T.J. Annexation Location Map WINTROPLOX VINDINNURIND CORPORATION 1127/0ATWORSHdMVV 4 of 4 UANTON. 7OMAG sum RFrrrpFD JAN T9,~F A. :')8 A F A-38 1 ANNEXATION SCHEDULE March 24, 1986 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 ✓ 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 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 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 ,j 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 May 25, 1986 Publish ordinance June 16, 1986 Submit agenda item June 18, 1986 Submit agenda back-up * June 24, 1986 Final action by city Council at regular meeting * Denotes action by the city council 09648 DATE: 05/ 2 0/86 ~s"Y COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council 17, / FROM: Lloyd Harrell, City Manager SUBJECT: APPR ADOPOXIMTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING ATELY 102.49 ACRES BEGINNING ADJACENT AND NORTH OF JIM CHRISTAL ROAD, SOUTH OF U.9. BAST OF ELAN ROAD HIGHWAY 380W$ APPROXIMATELY 1/2 MILE AND 3/4 MILE WEST OF UNDERWOOD ROAD (A-34). E_tMW- DATION: The Planning and Zoning Commission recommended approval of the f~ annexation at its meeting of February 12, 1986. This is a voluntary request for annexation and light industrial zoning, Specific development plans have not been revealed is unlikely that any have been formulated to date. ' and it located north of existing city limits alo The site is I Christal Road approximatel y 3/4 to 1 nw the south side p Jim ~ Airport, An mile west of the Municipal annexation strip is also in place north of the tract along Highway 380W, G U D: 1 Not applicable P-~ DBPARTMgNT9 OR GROUPS AFFECTED; ~ No existing housing structures or population are included in the area of request. ~ FISCAL IMPA .T; Undetermined Respectfully submitted: I Prepared by; Lloyd Na el jav Cit y Manager d Ellieon Senior Planner Appr ed Jeff Key Director of Planning and Development 15188/2 M v ` ,7L r i 140. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 103.2 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MYERS, JOHNSON, BRUMMET AND GREEN SURVEY, ABSTRACT NO. L699; DENTON COUNTY, 'T'EXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and incorporated by reference herein, was introduced at a regular meeting of the Ctty Council of the City of Denton, Texas, on the petition of Bellaire West Partners; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the -/PL day of 1986 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was taf£orded, at n public hearing held for that purpose on the /f- dsy of 11b t, , I , 1986 in the Council Chambers for all-interested pers ns 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 some is hereby annexed to the City of Denton, Taxas, and the same is made heteb•y 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 nv.. 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. BECTION II. The proper.t,y described in Exhibit "A" is hereby classified as Agriculturai "A'+" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconsti- tutionality, illegality, invalidity or ineffectiveness of such A-34/13ELLAIRE WEST PARTNERS/PAGE ONE I P section or part shall in no •iise affect, impair or invalidate toe remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason f 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 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 on the day of 1986. PASSED AND APPROVED by the City Council on the day of 1986. RICRARD 0. 5 ' MAYOR CITY OF DENTON, TEXAS ATTEST: R~ ALLLN~ ZITT7--3yCK= CITY OF DENTON, TEXAS APPROVED AS To LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A-34 BELLAIRE WEST PARTNERS/PAGE TWO EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the Myers, Johnson, Brummet and Green Survey, Abstract 1699, said tract being part of a 176 acre tract No. 11 and part of a called 65.5 acre tract No. 10, shown by deed to W, T. Evers, a widower, recorded in Volume 399, Page 539, Deed Records of Denton County, Texas, and being mote particularly described as follows: BEGINNING at a point in the present city limits, as established by Ordinance No. 83-90, said point lying in an East and West road known as Jim Christal; THENCE North 00011140" West passing at approximately 25 test, more or lees, the North boundary line of said road, same being the Southwest corner of a 102.34 acre hart, said tract being pact of the above mentioned Evers tract, and continuing along the West boundary line of said 102.34 acre tract, a total distance of 3,031.04 feet, more or less, to a point for corner, said point being the Northwest corner of said 102.34 acre tract and lying in the south boundary line of said Barb survey; THENCE South 89028148" East along said tract North boundary line and said survey line, a distance of 1,486.80 feet to a point for corner, same being the Northeast corner of said 102.34 acre tract and said 176 acre tract; THENCE South 00.11140" East along said tracts East boundary line, passing at 3,064.31 feet the Southeast corner of said tract and a Northwest - southeast fence line, said point also being the North right-of-wsy of Jim Christal Road, and continuing a total distance of approximately 3,090.5 feet, more or less, to a point for. a cotnec in the present city limits as established in Ordinance No. 83-90, and in said road; THENCE North 73000' West along said present city limits and in said toad to a point for corner; THENCE North 82.10' West along said present city limits and in ! said road a distance of 337,63 feet to a point for corner; THENCE South 88040' West along said present city limits and in said road to the place of beginning and containing 103.2 acted of land. 11671 A-34/BLLLAIRE t-TEST PARTNERS 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 Der: ton is contemplating annexation cf an M„ 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 1. Basic Service Plan ` A, Police (1) Patrolling, radio responses to calls, and other f 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 i as the need therefore is established by appropriate study and traffic standards. r B. Fire i (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. I 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 cokle 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. Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous r, chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning ;jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 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 t (1) The city recommends the use of City of Denton for electric power. I I Service Plan Annexed Areas Page three L. Miscellaneous (I) Street name signs where needed will be installed ' within approximately 6 months after the effective date of annexation, II Capital Improvement Program (CIP) r 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 `echnical 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 annexatiun area will be judged accordingly to the same established criteria as all other areas of the city. A~ -A 4I T3 ! e 0 •o0«1!s T (ovrt! c l G gock O c • ~p 11 i ^ , c • --i 'F • J u c co FAP ' a x a 1 ~ * 1 r11 V %A.L ~y a.w... 40 ` • ► • + ! fY1 C 1St 0 i R . T: gat zE A~ 34 o N r E re I 4b rJ, ~~O ISIS C ~ t yap - SpriP P,5ide RG1 C Of k~ oh 7q Ir" "r , 10 A-34 ANNEXATION SCHEDULE ,,,,/February 24, 1986 Submit agenda item February 26, 1986 Submit agenda back-up a,. * ✓ March 4, 1986 City council sets date, time and place for public hearing March 5, 1986 Notice to Denton Record Chronicle March 7, 1986 Publish notice and mailout March 10, 1986 Submit agenda item March 12, 1986 Submit agenda back-up March 18, 1986 City Council holds first public hearing March 19, 1986 Notice to Denton Record Chronicle March 21, 1986 Publish notice and mailout March 24, 1986 Submit agenda Item I` March 26, 1986 Submit agenda back-up March 26, 1986 Planning & Zoning Commission mikes I~ recommendation on proposed anroixation * April 1, 1986 City Council golds second public hearing April 7, 1986 Submit agenda item v~April 9, 1986 Submit agenda back-up ! * P-Xpril 150 1986 City council institutes annexation proceedings April 17, 1986 ordinance to Denton Record Chronicle -April 20, 1996 Publish ordinance V May 12, 1986 Submit agenda item L/ May 14, 1986 Submit agenda back-up * May 20, 1986 Final action by City Council at regular meeting * Denotes action by the City Council 09648 r DATE: 05/20/86 r CITY COUNCIL REPORT FORMAT Z TO: Mayor and Members of the City Council h FROM: Lloyd Harrell, City Manager ` SUBJECT: ORDINANCE AMENDING THE SCHEDULE OF FEES P RECOMMENDATION: I The Planning and Development Department recommends approval. SUMMARY : The existing fee schedule for the City of Denton combines requests for planned developments and requests for a specific zoning district. The review process required for a planned development is more complicated than a request for a specific district. The entire Development Review Committee is involved, and on average, a concept plan or detailed plan will be reviewed by the Committee three or four times. In addition, the Planning, Legal, Utilities, and Engineering Departments spent numerous hours reviewing and analyzing the plans. BACKGROUND: The Planning and Development Department conducted a survey of fees in cities throughout the state to determine the trend for planned development fees. A majority of cities increase the fee for larger projects with the most common method being a per acre coat. The per acre cost ranges from three dollars to one hundred dollars with an average of twenty-five dollars per acre. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Planning and Development Department, Finance Department and petitioners of planned developments will be affected. FISCAL IMPACT: Revenue from fees would be increased. Respectfully submitte : Prepared by: Lloyd Ha CSI City Manager Jeff Meyer Director of Planning and Development Approved: Jeff y Director of Planning and Development 0233e 131SL NO, AN ORDINANCE OF 'rHE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE • OF FEES PROVIDED FOR BY APPENDIX A AND B OF THE CODE OF ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. I That the fees provided for in Appendix A of the Code of Ordinances are hereby established as follows: A. Fees provided for in Section 4,22 of Chapter IV of Article III shall be as follows: 1. Preliminary, final plats or general development plans: (a) Less than S acres $ 150.00 (b) S acres or more $ 525,00 2. Replats ` (a) Less than 3 lots $ 200.00 (b) All others $1,050,00 3, Vacation of plat $ 125.00 4. Request for variance to subdivision regulations $ 125.00 SECTION II. That the fees provided for in Appendix B-Zoning of the Code h of Ordinances of the City of Denton are established as follows: A. Fees provided for in Article 10 J for specific use permits $ 600.00 B. Fees provided for in Article 26 C for original zoning, or zoning amendmant, which is not a planned development: 1. Less than S acres $ 600,00 2. S acres or more $ 800.00 C. Fees provided for in Article 26 C for planned development districts: Concept plan, detailed plan or amendment thereto: $1,000,00 plus $50.00 acre, to a maximum of $6,000.00 D. Historical Landmark Designation $ 45.00 w P , i SECTION III. j All ordtat.nces or parts of ordinances in force when the r+ provisions of this ordinance become effective which are • inconsistent or In conflict with the terms or provisions f contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV, That this ordinance shall become effective immediately upon its passage and approval. • PASSED AND APPROVED this the day of 1986, RAY STE , MAYOR CITY OF DENTON. TEXAS L i 1 ATTEST: t CHARLOTTE i ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i t BY: 'm uw7 i { PAGE 2 May 20, 11986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL u` FROM: Lloyd Harrell, City Manager 1 SUBJECT Consider Ordinance Revision for Pro Rata and Oversize Participation Agreement Concerning Placing a Limitation of Time such that said Agreements are Valid for a Period of 12 Months. RECOMMhNDATION The Public Utilities Board, at their meeting of April 22, 1986, recommended to the City Council approval of this ordinance revision. Developers granted such agreements sometimes delay unreasonably long periods or never develop. SUMMARY When a developer enters an oversize participation agreement with the City of Denton, money is set aside in the budget and held in anticipation of refunding a portion of cost to the developer. If the developer never participates or delays in construction of the utility, money is held that could be diverted to other projects, causing funding shortages within the City budget. In the case of pro rata agreements, although long delays don't cost the City money, the delays do cause unnecessary confusion in record keeping and with adjoining developer plans as to who will construct the necessary utility. BACKGROUND There are a numbor of projects with oversize participation and pro rata agreements whose developers have failed to develop for a number of years. Occasionally, a developer will want to begin his project after delaying 3 or 4 years. Conditions, meanwhile, have changed in the area due to other developments using up capacity in the existing utilities to be extended resulting in the agreements becoming obsolete. 4270U:17 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, present/future Developers, and the Purchasing Department. FISCAL IMPACT No cost to the City of Denton. Prepared by: Respectfully submitted: C. David Ham Lloyd rre , ty manager Asst. Director, Wtr/WW Utilities-- Appr ed by: e so Director of Utilities f F h f ' 4270U:18 143GL NU. i N AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF • THE CITY OF DENTON, TEXAS, BY AMENDING THE PROVISIONS RELATING TO PARTICIPATION AND PRO RATA REIMBURSEMENT AGREEMENTS FOR EATER AND SEWER FACILITIES TO PROVIDE THAT SUCH AGREEMENTS SHALL TERMINATE WITHIN ONE YEAR THEREOF UNLESS CONSTRUCTION OF THE FACILITIES HAS BEGUN; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Article 4.09 (B)(2) of Article III of Appendix A of the Code of ordinances is amended to read as follows: (2} Oversized plains. The City may participate in the cost o overs zed water and sower mains, subject to fund availability and approval of the City Council. "Oversized Mains" are defined as water mains over eight (811) inches and sewer mains over ten (1011) inches, which are required by the City for future system expansion and are not requ;- by the proposed development. Prior to the u,, ,ning of construction of any facility for which the City is to participate in the cost thereof, the Developer and City shall enter into a written participation agreement. The agreement shall be In a form approved by the City. In addition to such other terms as may necessary to carry out the provisions of this article, the agreement shall provide that if construction of the facility does not commence within one year of the date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties. SECTION II. That Article 4.09 (D)(5) of Article III of Appendix A of the Code of ordinances is amended to read as follows: (5) Prior to beginning of construction of any facility for for hich here I,, the developer reimbursement senter intora provided d rata reimbursement agreement with the City, The agree- rE ment shall be in a form approved by the City. In pother rovisions terms of as may this bearnecessary to ticle, the out to the such carry addition agreement shall provide that if construction of the facility does not commence within one year of the 'f date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties, SECTION III. That Article 4.09 (H)(4) of Article III of Appendix A of the Code of Ordinances is amended to read as follows: t (4) Prior to the beginning of construction of any rafor facility for which reimbursement is provided ta herein, the developer shall enter into a pro E r i ' reimbursement agreement with the City, The agree. ment shall be In a form approved by the City, In addition to such other terms as may be necessary to carry out the provisions of this article the • agreement shall provide that if construction of the facility does not commence within one year of the date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties. SECTION IV, That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this Lite day of May, 1986. i RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS I F i ATTEST: i CHARLOTTE ALLEN, CITY SECRETM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: l' i PAGE 2 i. L CITY CO.WCII, REPORT FORMAT DATE: 05/20/86 TO: Mayor and Members of the City Council ~ . FROM: Lloyd Harrell, City Manager SUBJECT: RESOLUTION TO CHANGE INTENSITY POLICY AT ROBINSON ROAD, STATE SCHOOL ROAD AND PROPOSED LOOP 288 ` RECOMMENDATION: The Planning and Zoning Commission recommended approval of the policy change at its April 23, 1986 meeting. SUMMARY: A request for a change in zoning on the property at Robinson Road, Loop 288, and State School Road was submitted to the staff for review. The request violated the intensity standard for area and the staff recommended denial of the request to the Planning and Zoning Commission unless the intensity standard for the area is changed to a moderate intensity area. BACKGROUND: According to the Denton Development Guide a change of an intensity index standard is considered a major decision of the City. Therefore, incremental planning decisions, including zoning, that will change the current or projected intensity of an area should be tabled. The Planning and Zoning Commission should conduct a special study of the intensity area. The study should focus on the intensity question by addressing the need and impact of changing an area's intensity index standard. A recommendation will be forwarded to the City Council for final action. If the City Council changes the intensity area, then the Planning and Zoning Commission can make a recommendation on the zoning request. PRQGRAMMQ. D6PARTMSNTB OR GROUPS AFPBCTBD: All City departments involved in the development process and the developers in the City of Denton. FISCAL IMPACT: No impact can be determined at this time. Respectfully submitt d: Prepared by: Lloyd R e 1 ' City Manager - Cecile Carson Urban Planner Appro d Jeff' May Director of Planning and Development 0155k II 1433L R F S O L U T I O N Whereas, the Denton Develo Guide, as amended M adopted as the o1'E c a ` an use an City to be used in eve opment guide for the u- conjunction with planning, development and land use decisions; and thien Gu regiade tporocvuldes for a procedure to implement policy changes WHEREAS, rd rrent land use decisions; and WHEREAS, a petition for the rezoning of land at the intersection of Robinson Road and proposed Highway Loop 288 would GiolaCeandhe intensity policy for the area as provided in the WHEREAS, the Planning and Zoning Commission, after due consideration and study, has recommended that the Guide be amended to provide that the intensity policy for the intersection of Robinson Road and proposed Highway Loop 288 be changed from a low intensity Co a moderate Intensity area; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and, after due consideration of the current and projected land uses and zoning for the area; the current and projected design capacities for transportation facilities, utilities, and other public facilities in the area; the need for the proposed change; the impact such change would have on the overall growth pattern of the area; whether such change would maintain the concept of balanced growth between all quadrants of the City; and the overall planning goals and concepts contained in the Denton DeveloLment Guide; NOW, THEREFORE, BE IT RESOLVOD BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECT` That the Denton DeveIo agent Guide, as revised, be hereby amended by c ang ng t e ' vera -Concept Plan's and "Land Intensity Areas maps of the Guide for the intersection of Robinson Road and proposed Highway Loop 288 from a low intensity area to a moderate intensity area so that hereafter all existing policies of the Guide applicable to moderate intensity areas shall be applicable Co such area. SECTION 11. That a copy of this Resolution be attached to the Denton Uevelonment Guide, as revised, showing the amendment herein macTe PASSED AND APPROVED this the day of 1986. A E CITY OF DENTON, TNXAS ATTEST: CHAR CITY Ur DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1+ Ir1~ + RUTH TANSEY PRECINCT I LEE WALKER .r, (817) 382.46013 PRECINCT (817) 484.7410 $ PRECINCT 02S DEE~ITTON COURT B, E. SWITZER PRECINCT 4 (214) 436-3721 ~ i:: it ~ 1986 (817) 4823413 BUDDY COLE, JUDGE Cll M X 401 W. HICKORY (817) 565.8585 { - OENTON COUNTY COMMISSIONERS COURT BUILDING 2"2 W. SYCAMORE, DENTON, TEXAS 76201 (817)3838399 cr (B17) 383.8498 May 12, 1986 h Honorable Richard O. Stewart City of Denton ' 215 E. McKinney Street Denton, Texas 76201 I I I Dear Mr. Stewart: Enclosed is a copy of the request form from Mustang Water Supply Corporation proposing a permit to extend their existing water line on Arvin Hill Road. r It is our orinicll that t'c.a proposed installation lies withtn tha extra-c:.-rritocial iursdtction of the City of Denton. The Court mUSC have your wlrtttea o'r.ay before gr.intirg any authority for this conatructton. If th?~r is no objection, perhaps you could sign the extra c,)py of this 1n_tLer and raturr. it to (ne. Ive would appreciate your c=,.ents and re~-urn 8o C..3` "13ttar ca^, Je placed on the CoT-mLgsZoners C,,rirt 33011 .5•J 003Si:,lE, Youre W_Cy tru y, a D'C 10L County Ju Sa SC;lsb Enclosure cc; Mr. Jo Legendre, Mustang Water Supply Corp. COMMISi3ioi18r Ruth Tansey Thn City of Denton has m.7 o~jectton to the placement of water lines -1s sho,,n an the request, = f r? rLY l:~nP, 105 F. Flr St, Aul)rey, Tx. 76227 817/365.9561 i Apr. 28,1986 r BUDDY COLE, r DF-NMN COUNTY JUDGE I 401 W. HICKORY ST. D£!N'`liON, TX. 76201 Dear Judge Buddy Cole, 'This is a request for a pemit to extend our existing water line approximtely 530' West on Anrin Hill Rd.on the South side to bring water to Albert Schilleci, See drawing below. Very truly ye,irs, j~ Jo Legendrb '000 , _I L VA l/ S Ir - i ....,..YkcPrSrJ !x'~...••~^, •o~U,i.. i,.... --Er,•...: µ.gl~R 1.,~._ i RUTH TANSEY LEE WALKER PRECINCT 1 PRECINCT 3 (817) 382.4508 (817) 484.7410 SANDY JACOB9 DENTON COURT B. E. SWITZER PRECINCT 2 PRECINCT 4 (214) 436.3721 (817) 482.3413 BUDDY COLE, JUDGE 401 W. HICKORY p I (817) 565.8585 DENTON COUNTY COMMISSIONERS COURT OUILOINO 212 W. SYCAMORE, DENTON, TEXAS 76201 1817)3838399 or 18171 383.8498 r' MAY 1, 1986 HoNoRABLE RICHARD 0, STEWART CITY OF DENTON 215 E, McKINNEY STREET DENTwo TEXAS 76201 Dear M, STEWART: r Enclosed is a copy of the request form from CENTEL, CENTRAL TELE, CO, OF TEXAS proposLng To PLACE BURIED CABLE ON SEABORN ROAD, It is our opinioli that the proposed installation 1tas withtn the extra-territorial ,jursdictton of the CITY OF DENTON the Court must have your written okay before granting any authority for this con3tructi•on. If th?.r : is no objection, perhaps you could sign the extra c.~py of this letter and return it to ina. We would ai preciatc yaLr com.zants an'l recurs :•i ~i,3~ t;.3 !Ratter ca- be placed on the CdTIi:iSal•.^.C.p.3 C,:urt a•yon,!a a soon as pi3sible, ` Your, vary truly, DY COL County Ju Sa BC;lsb Enclosure rcc MS, LmORA HORNER 1:cr. Rissicnar LEE WALKER 1 Th''- CITY OF "ON has no ubjectLon, tj the ' PLACEMENT OF CABLE ON THE LINES as shoran on the requz3t. t DA T I I t L ff RUTH TANSEY LEE WALKER PRECINCT 1 PRECINCT 3 (817) 382.4508 (817) 484.7410 SANDY JACOBB PRECINCT 2 DE(Jp COURT B. E. BWIT2En (214) 438.3721 PRECINCT 4 (817) 482.3413 BUDDY COLE, JUDGE Sy"' 401 W. HICKORY (817) 566.8686 OENTON COUNTY COMMISSIONERS COURT BUILDING 212 W. SYCAMORE, DENTON, TEXAS 78201 (817)983.8388 ur (817( 383.8498 MAY L 1986 CITY OF DEON 215 E, MCKINNEY STREET DENTON, TEXAS 76201 G r Dear MR, STEWART1 f Enclosed is a copy Of the request form from CENTELo CENTRAL TELE1 Co, OF TEXAS proposing TO PLACE BURIED CABLE ON SEABORN ROAD, It is our opinion that the proposed installation lies within the extra-territorial jursdiction of the CITY OF DEVTON The Court (gust have your written okay be ore granting any authority for this construction. If thera is no objection, perhaps you could sign the extra copy of 1 this letter and return -t to ma. I ) t Wa would appreciate your rum=s nts and return so that cha f matter can he placed on the C071c1S310I1erS Court agezOa a3 soon as possible, 1 Yours .e.y LcLI17, f DY OL County Ju 3e BC;lsb Enclosure cc; MS, WORA HORNEf~ Commissioner LEE WALKER The CITY OF WON has no objectian to the PLACEMENT OF CABLE ON THE LINES as shown on the request, DATE r CEWEL April 15, 1986 F k Denton County Judge ! 612 Joseph A. Carroll Courts Bldg. 401 West Hickory Denton, TX 76201 Re: R.O.N3461-PNDR r Dear Sir, C Central Telephone Company request a permit to place buried cable on Seaborn Road in Denton County, Enclosed please find print and location map. If you have ques- tions please call 817/627-8132. Thank you. I Sincerely yours, Lanora Horner Engineer LH: enc. • ` ' r. . '1~. 'Al 49 O ' ~ ,fir rr• 9 440 ' r ' ' 1'. 'rte .7, ••r. I+ •'~.sp ~ JJA p 6,11 ha M1~ No lusiim IITt4/0 NTH 400 4k 00 T RA G t0• ti{i .•.r. ~,,I~j•. .10 Tir tw.j J. 2449. ` I o ' r r , r < 340 -IJKB 66 e • 'K •.i '•'r' : •~•~r~1~r 7,~ ' , _i ~TL ~ 5 I ~ ~I yM r,~~ I ty,: Y„ 1 lot • AT[.• 1 spa r►.. r « J • w. .r.~f ::•r _ v,~^ j' i 1'/ti.'•j . /1 •~1j ~•+j.~••R`~•. us" ~ 11• 010 • NORTHLAKE 1; 00 ^II'.nDROP - J ~L IL':1: •/'1 • r1.rr I •1 I1~ Pw_ I Sit «WI 1i:.5.J r ',r ~ JUSTIN I I 1 A,5 • POP 741 ri :ice t1" I , .1 5 X07 ~ , I I j~. 1 h P r TO ~EArun r?'.VCc r.' -~S 16X24 75 4507 RM. Tr'MR OoV G✓VU. ~ i r i q V. c . a ' r I I 64bOh'N kbAA I ~r . W i v 47070 Q ESX L /l9a Q AcT L + REe4 St ~.t i b. ( I~z ~ Lla 1 A 7070 A70 70 k O,c-4 RAI aSi ' GNO Roo + STUB Fi0~6 'y I ' ~ oF2~ fj•2 A 7V 70 } A7070 e6 vHC - 4 ~r~ GNG k0l~ I 5TL/f.3 POLE 1 74 } » ;TT, L /.'moo ' I Au T, c: t---61-F 2x2: f ' - IHY~ Mfg w1A 3'c''7Ei,o YTS i N r, TO we h5L A7070 1 1 '..-Trc~ 1 1 1 ~ I I 1 11 CENTRAL TELEPHONE COMPANY Atwz) K - 3el nn 4'19 11 pr 4". too. r North Central Texas Council of 6ovemments P 0. Drawer COG Arlington, Texas 76005-5886 i. ; APR 23 1986 C FROM: Gary Bennett, President, NCTCOG DATE: April 25, 1986 TO: Selected County Judges and City Officials in North Central Texas SUBJECT: Recommendations for non-metro Regional Citizen Representative to serve on NCTCOG's Executive Board for 1986-87 A Nominating Committee has been hard at work developing nominations for the elected positions for NCTCOG's 1986-87 Executive Board. You were recently forwarded "a request for nominations" memo and form as part of that process. Additionally, the Committee has the responsibility of recommending two regional citizen representatives to the Board - one representing Dallas and Tarrant Counties, and one representing the remaining 14 non-metro counties. We are soliciting recommendations from selected local government officials for the non-metro regional citizen position. For your information, citizens who have filled this position during the last several years, include - Ken Ure of Parker County, Herschel Winn of Johnson County, Jamie Vick Gibson of Parker County, Roy LeTourneau of Rockwall County, Ted Peters of Hunt County, and Herb Silverberg of Navarro County. t Therefore, if you wish to recommend a prospective citizen appointee from your county to serve on the 1986-87 Executive Board, please forward your suggestion to me to be considered by NCTCOG's Nominating Committee. A form is enclosed for your, convenience. Any citizen is eligible to serve, however, the citizen representative recommended l should be a person of vision with a broad and objective understanding of the problems, governments, and economics of the region. Care should be taken not to recommend citizens who would represent only local or special interests. Thank you for your cooperation in this important undertaking. We will look forward to a recommendation from you. If you have a suggestion, we would appreciate hearing from you as soon as possible, ' Gary/B' e t GB:cf 7 Enc. Centerpoint Two 618 Six Flags Drive Dallas/Fort Worth Metro 817/461.3300 p Dt.\TE: FROM: F Name h ~ Title Local Government Represented TO: Gary Bennett, President, NCTCOG Chairman, Nominating Committee r SUBJECT: Recommendation for NCTCOG non-metro Regional Citizen Representative to the 1986-87 Executive Board 1 would like to recommend: Name i Business or Professional F.ff Nation Mailing Address to be considered by the Nominating Committee for service on the NCTCOG 1986-87 Executive Board. Additional supporting comments: i 1 I Signed: (Please attach other information pertinent to this nomination.) P DATE: 05/20/86 CITY COUNCIL REPORT FORMAT ' 0:`` 6 ' TO: Mayor and Members of the C'_ty Council FROM: Lloyd Harrell, City Manager i SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PROPOSED ANNEXATION OF APPROXIMATELY 66.42 ACRES SITUATED IN THE MOREAU FORREST SURVEY, ABSTRACT 417, AND BEGINNING ADJACENT AND EAST OF GEESLING ROAD, SUUTH OF U.S. HIGHWAY 380 EAST, AND WEST OF TRINITY ROAD (A-36) RECOMMENDATION: r The Planning and Zoning Commission will make a recommendation at a ' later date. SUMMARY: Miller of Texas, Inc., has requested annexation of approximately 60 acres and the balance of the proposal is being considered for involuntary annexation by the City of Denton. The involuntary portion of the request will fill in out parcels between Miller of Texas property and an existing annexation strip along Highway 380E. The purpose of the Miller of Texas request is to seek zoning in conjunction with the Lakeview development plan. BACKGROUND: The city council instructed staff to begin the annexation process for the Miller of Texas property and the involuntary portion at its meeting of February 18, 1986. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED; There are no businesses or dwellings on Miller of Texas property. Approximately 11146.75 feet of the west side of Trinity Road and approximately 300 feet of the east side of Geesling Road is included in the area of proposed annexation. FISCAL IMPACT: Undetermined Respectfully submitted: Pr ared by Lloyd rsa~iYell David Ellison c.'ity Manager Senior Planner APP ve Jeff Mey Director of Planning and Development 1551a I413L ` NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION r NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: • The City of Denton, Texas proceedings to alter the boundary rlimits of saidiCity to naddtthe ` territory described in Exhibit "A", attached hereto and incor- porated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by ankbefore the City Council of the City of Denton, Texas, on the day of 1986, at 7:00 o'clock P. M. in the C tI"y council C ao er o t e Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be 1 heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the _'U". day of 1986, at 7;00 '.:lock P. M. in the C tY y ~ounci2 C am er o t e Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and Place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice, 1 L. CIT40DSNTO,'4p TEXAS I ATTrST: C W&4,441E A A-36/MILLER OF TEXAS R 1 EXHIBIT "A" TRACT A All that certain tract or parcel of land lying and being I situated in the Moreau Forrest Survey, Abstract 4170 Denton County, Texas, being part of a tract conveyed by deed to Ralph T. Bullard and recorded in Volume 1521, Page 948 of the Deed Records, Denton County, Texas (being also part of Lot 6 and Lot 71 Block A of the subdivision of said Moreau Forrest Survey according to the plat recorded in Volume 50, Page 236, Deed Records) and more fully described as follows: BEGINNING for the Southeast corner of Tract A described herein at a point in the present city limits as described in Ordinance 85-210 same being in the center of a North - South public road known as Trinity Road; THENCE South 890 55' 22" West along said present city limits a distance of 1388.89 feet to a point for corner, said point being the Southwest corner of said Lot 7 and the Southeast corner of said Lot 6; THENCE North along the present city limit.; s established by ordinance 84-98 same being the East boundary line of said Lot 6 and the West boundary line of said Lot 7, a distance of 886.18 feet to a point for corner said point lying in the present city limits as established by ordinance 69-40, said point also lying 350 feet South of and perpendicular to the center line of U.S. 380; THENCE North 790 17' 11" East along said present city limits, 350 feet South of and parallel to the center line of U.S. 380, a distance of 1,411.63 feet to a point for corner in the center of Trinity Road; THENCE South 000 05' 36" East along the center line of said road a distance of 1,146.73 feet to the place of beginning and containing 32.39 acres of land. TRACT B All that tract or parcel of land lying and being situated in the Moreau Forrest Survey, Abstract 417, Denton County, Texas, being part of a tract conveyed by deed to Ralph T. Bullard, recorded in Volume 1521, Page 948 of the Deed Records, Denton County, Texas (being also part of Lot 6, Block A of the subdivision of said Moreau Forrest Survey according to the plat recorded in Volume S0, Page 236, Deed Records) and being more fully described as follows: COMMENCING at a point in the present city limits as established by Ordinance 84-98 said point also being the Southeast corner of said Lot 6; THENCE North 890 51' 11" West a distance of 500.0 feet to the point of beginning, said point also lying in the present city limits as established by Ordinance 84-98; THENCE North 890 52' 11" West along the present city limits as established by Ordinance 85-210 Same being the South boundary line of the above mentioned Lot 6, a distance of 889.2 feet to a point for corner; A-36/MILLER OF TEXAS/PAGE 1 of 3 THENCE North 000 07' 49" East, a distance of 627.84 feet to a point for corner, said point lying in the present city limits as estatlished by Ordinance 69-40, said point also lying 350 feet South of and perpendicular to the center line of U.S. 380; 'THENCE North 79° 18' 05" East along said present city limits 350 • feet South of and parallel to the center line of U.S. 380 a distance of 903.48 feet to a point for corner, said point lying in the present city limits as established by Ordinance 84-98; THENCE South along said present city limits a distance of 797.58 feet to the place of beginning and containing 14,54 acres of land. TRACT C All that tract or parcel of land lying and being situated in the Moreau Forrest Survey, Abstract 417, Denton County, Texas, being part of Lot 5 and Lot 6, Block A of the Subdivision of said Moreau Forrest Survey according to the plat recorded in Volume 50, Page 236, Deed Records, and more fully described as follows: BEGINNING for the Southwest corner of Tract C described herein at a point in the present city limits as established in Ordinance 86-22, said point also being the Southwest corner of said Lot 5; THENCE North 10 40' East along said present city limits, same being the West boundary line of said Lot S, a distance of 339.51 feet to a point for corner, said point lying in the present city limits as established by Ordinance 69-40, said point also lying 350 feet South of and perpendicular to the center line of U.S. 380; THENCE North 71" 441 54" East (by Ordinance, North 790 18' 18" East) along the present city limits 3SO feet South and parallel to the center line of U.S. '480, ;sassing at 1,413.71 fret the east bounds. y line of Lot 5, same being the West boundary line of said Lot 6 and continuing for a total distance of 1,469.75 feet to a point for corner; THENCE South 00° 07' 49" West, a distance of 627,84 feet to a point for corner, said point lying in the present city limits as established by Ordinance 85.210, same being the South boundary line of said Lot 6; THENCF North 89° 52' 11" West along said present city limits, a distance of SS feet, more or less, to a point for a corner, said point being the Southwest corner of said Lot 6, same being the Southeast corner of said Lot 5; THENCE South 86° 56' 59" West along the present city limits as established by Ordinance 86-22 same being the South boundary I line of said Lot S, a distance of 1,379.92 feet to the place of F beginning and containing 15.79 acres of land. TRACT D All that certain tract or parcel of land lying and being situated in the Moreau Forrest ''urvey, Abstract 417, Denton l County, Texas, being part of Lot 4, Block A of the subdivision of said survey according to the plat recorded in Volume 50, Page 2360 Deed Records and core fully described as follows: ` A-36/MILLER OF TEXAS/PAGE 2 of 3 f r F BEGINNING at a point in the present city limits as established in Ordinance 86-22, said point also being the Southwest corner of said Lot 4, same being the Northwest corner of Lot 10; r , THENCE South 20 45' 51" East along the present city limits as established by Ordinance 86-22, same being the West boundary line of said Lot 10 and the Fast boundary line of a North - South public road known as Geesling Road, a distance of 214.44 feet to a point for corner; THENCE South 870 14' 09" West to a point for corner, said point lying in the center line of said road, said point also lying 660 feet South of and perpendicular to the center line of U.S. 380 ' and in the present city limits as established by Ordinance 65-43 I; THENCE North 20 45' 51" West along the center line of Geesling Road and said present city limits a distance of 113.0 feet to a point for corner, said paint lying in the present city limits as established by Ordinance 69-40, said point also lying 350 feet South of and perpendicular to the center lane of U.S. 380; THENCE North 79° 18' OS" East along said city limits to a point, said point lying in the East boundary line of Geesline Road, said point also lying in the West boundary line of said Lot 4; THENCE North 790 18' 05" East along said present city limits 3S0 feet South of and parallel to the center line of U.S. 380 a distance of 955.84 feet to a point for corner, said point lying in the present city limits as established by Ordinance 86-22; THENCE South 1° 03' 40" East along said present city limits a distance of 227.90 feet to a point for corner, said point lying in the present city limits as established by Ordinance 86-22, same being in the South boundary line of said Lot 4; THENCE South 870 04' 15" West along said lines a distance of 939.92 feet 'co the place of beginning and containing 3.70 acres of land. A-36/MILLER OF TEXAS/PAGE 3 of 3 PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS WHEREAS, Article 970a as amended requires that a plan of service a 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 i,s hereby adopted for the proposed I 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 I 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 L study and traffic standards. i B. Fire ` (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use wily, be provided at city rates, from existing city lines on the effective date of annexation, and thereatcer from new lines as extend-ad in accordance with article 4,09, of appendix A c;t 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. M Service Plan Annexed Areas -1age two F. Streets ti. (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 h curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established ` policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, ' sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter i encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. n Service Plan Annexed Areas ,._..FRge three L. Miscellaneous i (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 ac longer than one year from the date of annexation. In this new CIP planning year the annexation area will bn judged accordingly to the same established criteria as all other areas of the city. i I I i 9Z~ s~~• .~.w - = ~ ~ - -lam ~ ! _ • A rim. Ott rr . . 1 21 VH ftT 44 w. A-36 ANNEXATION SCHEDULE April 7, 1986 Submit City Council agenda item "April 9, 1986 Submit agenda back-up i * N April 15, 1966 City CouncilV'sets date, time and place for public hearing ,,-April 16, 1986 Notice to Denton Record Chronicle April 25, 1986 Publish notice and mailout I* April 28, 1986 Submit City Council agenda item 1/ April 30, 1986 Submit agenda back-up May 6. 1986 City Council holds first public hearing at regular meeting May 7, 1986 Notice to Denton Record Chronicle I v May 9, 1986 Publish notice and mailout F May 12, 1986 Submit City Council agenda i May 14, 1986 Submit agenda back-up i May 14, 1986 Planning & Zoning Commision makes recommendation on proposed annexation May 20, 1986 City Council holds second public hearing at regular meeting k j May 26, 1986 Submit City Council agenda item May 28, 1986 Submit agenda back-up * June 3, 1986 City Council institutes annexation proceedings at regular meeting June 5, 1986 Ordinance to Denton Record Chronicle June 8, 1986 Publish ordinance June 30, 1986 Submit City Council agenda item July 2, 1986 Submit City Council agenda back-up * July 8, 1986 Final action by City Council at regular meeting * Denotes action by the City Council 09649 Cn }DQ uC.iw CITY of DENTON DENTON, TEXAS 76201 t May 14, 1986 M E M O R A N D U M TO: Mayor and Members of City Council FROM: Victor Schneider, Tax Technician THRU: William J. Anderson, Assistant Director of Finance SUBJECT: Approval of Tax Refund for Campus Square Apartments, Ltd. RECOMMENDATION: Tax Technician recommends that tax refund be issued. r SUMMARY: Chapter 31, Section 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Taxpayer, Campus ` Square Apartments, Ltd. have overnaid their City tax ac- count number 6680-00800 and should be :issued a refund. BACKGROUND: The original tax bill for Campus Square Apartments, was $5,823.02. Inz ending to pay their taxes in split payments, the first installment was made on Novermber 30, 1985 in the amount of $2,911.51. This property was being refin- anced and during the closing, the title company paid the total original tax base of $5,823.02 on December 31, 1985. Our records indicate a total of $8,734.53 was paid against a base balance of $5,823.02. Difference between the orig- inal base and amounts paid to be refunded. FISCAL IMPACT: $2,911.51 to be refunded. Resp ,ully ab itte _ ...vc.. rte` r Victor Schneider Tax Technician William J A derson Assistan J i.rector of Finance State Property Tax Board Tax Refund Application 31.11 (2/82) APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax For: City of Denton Tax Debartm axing Units Address 215 E. McKinney_,, Denton Texas 76201 City, State Zip Code In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: Campus Spuare A))artments Ltd, Address: c/o Hardin Inc. 507 S. Locust Denton, T xa5 76201 Telephone Number [i additional information is needed): r IDE,'.'IFICATION OF PROPERTY: f Desc iption of Property: Ponder addn. Lot 14, 15 16 & Qt r)- 7 k ( 17, 5-8,22)234498 Address or —cat on o Property: Pr Stcqpts Account Number of Property: 6680-008o0 or ax eceip Number: ► INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of Tax From Which Refund Which Refund Date of the Amount of Tax Refund f Is Requested is Requested Tax Payment Taxes Paid Requested 1 1• Citvof Denton 19-/19~ S 2,911.51 S _2,911.51 2• City of Denton 19 12-31 T/19~ S y ~q n~ $ _ 3. 19 _ /19 S $ Taxpayer's reason for refund (attach supporting documentation): we pav our taxes in split payments, paying the first installment 11-30-85. -During the closing of a re-finance, our title compriny aaid all t•axPG in u1 %yp requPs+ the over- ament of $2111 "I hereby apply for the refund of the above desc ribed taxes and certify I that the information I have given on this form is true and correct," 0G S-1L(__ 49t! re ate — Application or Tax Refund DETERMINATION FOR TV REFUND: Approval Disapproval Signature of Authorized Officer Ua-te Signature — rest ing Officer(sY o axing ate Unit(s) for refund applications over S500 ih-•102 ••.HLI'LNt'aGI AMOUNY 1 HARDIN, INC. ADEN< - CAMPUS SQUARE Aall EV. 138- 1-- 6026 .116 19 W1474 o EANTON, Ti t o J ._sr. LL PAY -~--f-- PATE NHK. NO. AMOUNT . 1S To Tks . v~ a ~ o•ore o► _ HARD{N, INC. AGENT FOR ' Q LxC7 JC CAMPUS SO A APTS., DEY. 1911 l Igloo ,a~' ff SQ1'f"P.7 .f .00000 29 i i5 L L 9i 4 9 l 4 ? 1. 2 ono 2 3245 ~ t ~i v o~ T,IM; •1 K. l I ~ K 1 r etM1 11 Al 1 , 1 I 1. l ~ 1t, ~ r, H ~ I , ~If 1 i /1 yl / \ jl t it 1 a.l 4 1 ♦ . ~ ~~t I I I J!~~ 1 1. 1 1~'y` D X11 I 1 p. y 1 0' 1. 1+ 1 l1~Sr 11 ~ 114 ~t5rl 1 r 1 1 lii~l v ?',,I ; 1 1~'~ ~ ~ F{tl ~ X 1,, , ~,1. r dq UYC.fL 21 N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FCR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedurps of state law and City ordinances; and WHEREAS, the City Manager or a designated empl:yea has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, :upplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS, Section 2.36 of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER 140. VENDOR AMOUNT 9611 All WESCO $104330.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bido for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter irto a PAGE ONE ~ formal written agreement as a result of the acceptance, approval, sad awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that w„ the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained iu the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. r That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 20 day of May 1986. N• Ray 5t$phens MAYOR CITY OF DENTON, TEXAS ATTEST: r CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO DATE: 05/20 /86 CITY COUNCIL REPVdT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager r SUBJECT: PETITION OF THE CITY OF DENTON RECOMMENDATION: The Planning and Zoning Commission considered 1-1806 at its meeting of April 230 1986 and voted (3-3) on a motion for approval; a subsequent motion to deny failed by a vote of 44. The petition is being forwarded to City Council with no recommendation from the Planning and Zoning Commission. SUMMARY: This is a request for a change in zoning from the agricultural (A) district to single family (SF--7) land use on a 62.474 acre tract located at the southwest corner of Hickory Creek Road and FM 2181 (Teasley Lane). The request was initiated by the Planning and Development staff. BACKGROUND: This is the site of an approved preliminary plat for Dunton Manor Rstatee, a 257 lot SF-7 subdivision. This proposed development was one of the early plans that led to the City annexing alutost 800 aerms for land use nontrol along the Hickory Creek Road corridor. PROGRAMS. DRPARTMRNT9 OR CROUPS AFFECTED: Six property owners within 200 feet were notified. The owner is aware o: thilr zoning proposal and has not objected. One notice has been returned in favor and zero in opposition, to data. Fl"6L IMPACT: Undetermined Respectfully submitted: Pre a adb}y: Lloyd Ha all City Manager Martha FuJ ski Planning A" t an(__, vpew~_ Jeff Mey Director of Planning and Development 0232e i PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL r tir To: Denton City Council f Case No.: Z-1806 Meeting Date: May 20, 1986 V GENERAL INFORMATION • Applicant: City of Denton Change in zoning from temporary Requested Action: agricultural to SF-7. Location and Size: 62.474 acres in the Venter Survey-Abstract #1315. The property is located adjacent and south of Hickory Creek Road and adjacent and west of FM 2181 and north of Old Alton Estates. Sur:'ounding Land Use and Zoning: North - Star C Ranch, Acme Brick property, vacant; A, PD South - Old Alton Estates; ETJ East - Agriculture, vacant; A West - Single family residential, vacant; A Denton Development Guide: Low Intensity Area SPECIAL INFORMATION Transportation: Perimeter street paving regulations are applicable to Hickory Creek Road, individual driveway access is not permitted on Teasley and Hickory Creek Roads. Sidewalks will be ?:equired on the south and west sides of '!'easley and Hickory Creek Roads. . (Case Z-1806) Page Two SPECIAL INFORMATION (continued) Utilities: A proposed 12" water line is to be r extended south to Hickory Creek Road. Developer will extend to his r development and across the frontage of his property. A proposed 12" sanitary sewer line is to be extended north to Hickory Creek Road. Developer will extend to his development along Hickory Creek Road and across property frontage. General Telephone Service is not in place, but will be made available. Gas service has not been extended to this area, Drainage: The southwestern portion of the site fells within the floodplain. Drainage will be maintained via a natural channel, not concrete, HISTORY The City Council approved the preliminary plat for SF-7 zoning on July 16, 1985, but the final plat has not been approved. The Denton City Council took final action approving the annexation of Dunton Manor Estates and adjoining property to the east on November 19, 1985 (117.5 acres between Hickory Creek Road and FM 2181), ANALYSIS The City of Denton is initiating this zoning request to eliminate any uncertainty regarding potential land uses on this recently annexed tract and to comply with the zoning Ordinance and attached legal opinion. According to Article 5 of the Zoning Ordinance of the City of Denton, annexed territory is temporarily classified as an agricultural (A) district until permanent zoning is established. If approved, the single family (SF-7) zoning classification would establish a low density trend that would be consistent with policy commitments for this area. The intersection of Teasley Lane and Hickory Creek Road is designated as a moderate intensity node. Two zoning cases north of Hickory Creek Road were submitted and approved and will introduce diversified land uses into this area, if developed. (Case Z-1806) Page Three RECOMMENDATION Staff recommend approval of Z-1806 at the Planning and Zoning Commission public hearing held on April 23, 1986. Some members of the Planning and Zoning Commission were uncomfortable with the fact that, zoning was initiated by the City of Denton without a specific request from the owner(s). Staff explained that the owner(s) were aware of the action and had not complained. Staff further discussed legal concerns as noted in the attached opinion. After considerable deliberation the motion to approve resulted in a 3-3 vote. A subsequent motion to deny failed by a vote of 4-2. A simple majority vote of the City Council is required. ALTERNATIVES 1. Approve petition s 2. Deny petition i ATTACHMENTS 1. Location Map 2. Approved Preliminary Plat 3. Opinion 4. Reply Form Totals 5. Property Owners List 6. Minutes of Planning and Zoning Commission l1 i 0210e r ~f v _I two ~I { 11 F+~~ f \ : rS MMM i e 1 1 _ 'I { Zoo 0r t `1 ~ F 1 09790 ROAD \t tl c1 I 10. Y `t y ~ r ! r 1 ~ I f•wu a..~l,. 0 t r e ~ y ~ y 1 r' ~ , 1 1 1 , it S / f r I IJ 1 it ~~s ~ •y . III r/ ' / -!~i i i y /u l I • w ~ 1 ~ y M 1 ••M I f , i • y N II I C ! e s u ' N .rir.f low ~F ~ ~,rtil•1 i'~ ff ' r . ~ I a ~ ~ r T I i MATRIX BYALUATION I I I I I Development Guide Policy Unacceptabit I Acceptable I Not Applicable J t I I I ~I I I r' ' I I I I I 1. Overall intensity I I I ` I standard based on land I I X I I use and/or zoning. i I I I V I I I I ` 12. Concentration and I I I I separation policy for I I I I multi-family 200 units - I I I low intensity 750 units - I k X I I I moderate intensity, I I I I I separated by 1/2 mile or I I 50% of intensity area I I I I length, i i I I 13. Concentration and { I I ! k I separation policy for I I I { ► retail, cossserotal, and I I office in a low intensity I I I X I area. Pour sores I I I I k separated by 1/2 mile or I I f I I 50% of intensity area I I length. I I I I I I I I I ( 4. Access to collector I I streets or larger. i I X I ! I I I I I I f I I I } S. Housing diversity encour- aged to insure neighbor- I I I I I hood integrity. Consider I I f X I I such planning policies: I I 1 I I » intensity gradation I I I I I s transportation design I i I I I " open space } I I I I I E E I ~ I ! I I } 6. Protection of existing ; I I I I housing. Neighborhood I I I X I preservation. ! I I I 1 _ I I 1 I I I I I T. Access to open space and I I I I parks. I I X I I I_-- f I _ I ( I I k I I 16. Diversified land uses. ( I I X I I I I I I I I I ! 9. Buffering of existing I I I I I land uses and zoning. I { I X I - I l I I I I I 10. Nsi,lhborhood input. ; X I I I I I 11. Other applicable policies.1 i X i I I i I I I X 112. Overall rating. I I i f I I I I c s• .a ` CIT1' OF DENTON, TE:(.4S OFFICE OF THE CITY ATTORNEY 1 iWEMO RANDU,N Joe D. MorrU, Aasiatm t City Attirney Robert B. Hunter, Aatiatmtt City.lttorney f M DATE: October 2, 1984 TO: Jeff Meyer, Director Planning & Community Development FROM; Joe D. Morris, Acting City Attorney SUBJECT: Temporary and Permanent Zoning of Newly Annexed Area Pursuant to our previous discussions concerning the zoning of newly annexed areas, I would take this opportunity to clarify the procedures that should be followed to insure proper permanent zoning of such areas. Article 5 of Appendix B-Zoning of our Code of Ordinances provides that newly annexed areas shall be..."temporarily classified as 'A', agricultural district, until permanent zoning is established by the city council of the City of Denton". The purpose of the temporary zoning classification is merely to allow the Planning and Zoning Commission and City Council a rea- sonable time after annexation to consider and begin the statutory procedures to permanently zone the newly annexed property. The Texas courza have sustained the procedure of allowing city's to temporarily zone and regulate the use of such land for a reasonable time, pending the permanent zoning of the property pursuant to the notice and hearing requirements of Article 1011a V.A.T.S. ~iL of Dallas v. Meserole Bros., 164 S.W.2d 564 (Tex.Civ.App.-Dal Is I~4I, writ ref'd w.,o.m. ; Westwood Development Co. v. City )f Abilene, (Tex.Civ.App.-Eastland , wr t ret'd n.r.e. . In City of Dallas, supra, the Court allowed the city to maintain the status quo in the newly annexed area for approximately six months pending enactment of a permanent zoning plan for the area. In _H_aynes v. City, of uanah, 610 S.W.2d 842 (Civ.App--Amarillo 1980, writ ref'T-n.r.e. , however, the Court ruled that where the city failed to permanently zone property nine years after annex- ation, the temporar, zoning classification applied to %he property upon annexation was invalid and the City could not prevent land- owners from using the property for a use that was in violation Jeff Meyer October 2, 1984 Page Two li of the temporary zoning classification. In reaching that con- clusion the Court, in noting prior decisions on the issue, stated: (W)e dicern the principle that when ~he city imposes temporary ally apzoning in a newly annexed area plicable statutory zoning notice band ohearing requirements and initiates proceedings to enact a permanent zoning plan for the annexed area, the city may, by a valid building permit procedure, maintain the status quo for a resonable period of time to enable the city to finalize and enact the proposed and pending permanent zoning plan for the annexed area. 610 S.W.2d at 846. We cannot definitely state what the courts would always a being a "reasonable period of time" approve as annexed areas. As stated in City of Dallas Pesupra,~tsix months way specifically found to be a reasona e t me based on the facts in that particular case to maintain the status quo pending permanent zoning. Although longer periods of time for permanent zoning of newly annexed areas may be reasonble in certain cases, for instance, where there has been recent annexations of large areas of land that require considerable time to gather information to determine appropriate permanent zoning for the new area, we would suggest that the Courts would probl'bly give considerable weight in making a decision on the issue based on what steps are taken with- in what period of time to provide for the permanent zoning of the new area. If after annexation, an owner contests the validity of the temporary zoning classification and there is no indication that any effort has been made or procedure established to permanently zone the area within a reasonable time, then the city may find itself in the position of not being able to prevent any proposed use of the property by the owner under the temporary zoning classification. In closing, I would suggest that when possible all newly annexed areas be permanently zoned in accordance with the statutory procedures of notice of hearing at least within six months of the annexation of the area, or if longer periods of time are needed in certain circumstances, that there at least be some documentation showing an effort to provide for the permanent zoning has been initiated. Is xc : u- Hartung Jeff Meyer October 2, 1984 Page Two of the temporary zoning classification. In reaching that con- y. clusion the Court, in noting prior decisions on the issue, stated: Me dicern the principle that when the city imposes temporary zoning in a newly annexed area by complying with all applicable statutory zoning notice and hearing ` requirements and initiates proceedings to enact a permanent zoning plan for the annexed area, the city may, by a valid building permit procedure, maintain the status quo for a resonable period of time to enable the city to finalize and enact the proposed and pending permanent zoning plan for the annexed area. 610 S.W.2d at 846. f We cannot definitely state what the courts would always approve as being a reasonable period of time" to permanently zone newly I annexed areas. As stated in Cit of Dallas, supra, six months was specifically found to be a reasonable t time based or the facts in i that particular case to maintain the status quo pending permanent zoning. Although longer periods of time for permanent zoning of newly annexed areas may be reasonble in certain cases, for instance, where there has been recent annexations of large areas of land that require considerable time to gather information to determine appropriate permanent zoning for the new area, we would suggest that the Courts would prob%bly give considerable weight in making a decision on the issue based on what steps are taken with- in what period of time to provide for the permanent zoning of the new area. If after annexation, an owner contests the validity of the temporary zoning classification and there is no indication that any effort has been made or procedure established to permanently zone the area within a reasonable lime, then the city may find itself in the position of not being; able to prevent any proposed use of the property by the owner urn'er the temporary zoning classification. In closing, I would suggest that when possible all newly annexed i areas be permanently zoned in accordance with the statutory procedures of notice of hearing at least within six months of the annexation of the area, or if longer periods of time are needed in certain circumstances, that there at least be some documentation showing an effort to provide for the permanent zoning has been initiated. D 'Wi J~f D. MORRIS JDM; j s xc: Chris Hartung k4t a~~ r r .,4 PROPERTY OWNER REPLY FORTS CITY COUNCIL Z-1806 IN FAVOR IN OPPOSITION UNDECIDED r R. A. O'Brien None Received P.0. Box 128 Starks, LA r {.f r 1 I ,f S l i !,1 , Z I ` 4 1 i I 7~ a 3,30