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01-06-1987
i 0 b e I ~ p r i Y i I° 4 1 ~Jn« 4 I t s s~ f 4 4j wr M y l f g, k P*V,r 3.1,4 i'fi.~PA?44;1 t, ^~~~I~Ay' 4"k •i~.)41+4 P:.f~A~`I AYa . w~SK" `~:d' 1 f i i i I AGENDA CITY OF DENTON CITY COUNCIL January 6, 1987 :ork Session of the City of Denton City Council on Tuesday, January 6, 1987? of 5:30 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5:30 p.m. 1. Hold a discussion of a rnsr,lution regarding intensity allocation (first come, first served). (The Planning and Zoning Commission recommends approval.) j i; 2. Receive a report on the employee involvement program, 3. Receive a report on the emergency 911 telephone system. 4. Receive a report on the automated voting by the City council. E 51 Hold a discussion on a resolution appointing a sa' citizens' committee to provide input and assistance to I i consultants regarding the establishment of capital I recovery fees. " z' r~* 6. Executive Session: A. Legal Matters Under Sec. 2(%), Art. 6252-17 'r V.A.C.S. i' 6 S. Real Estate Under Sac. 2(f), Art. 6252-17 V.A,C,S. Co Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.C.S. (see item #5 above) Regular Meeting of the City of Denton City Council on Tuesdayy, January 6, 1986, at 7:00 p.m, in the Council Chambers of No Municipal Building at which the following items will bu considered: 7:00 p.m. 1. Public Hearinger A. Z-1846. Petition of McDonnell Construction and Development requesting an amendment to part of a 39.5 acre planned development and approval of a detailed plan, including the preliminary replat of the McDonnell Highlands Addition, Phase 1, Blocks C, D, and E, for a 9.5 acre tract, This property is located south of McKinney Street, f approximately 2,080 feet east of Mayhill Road, and shown in the Morreau Forrest survey 417, If the amendment is approved, the land use would be changed from t'ao family to single family with minimum 7,000 square foot lots, (The Manning and Zoning Commission recommends approval.) 'Y 'r! `~.g~ y, j,!FSi'16,t'~ 1r 4• e:, ;.'pM= .u AWblk•Y 1:b:.nP UV'r..i Mn:.itpmv.wla-t:5A11 bS?~tYw"'~itil^'rrt~.Y"l1kM ` ' a. " ,'.Nr~ City of Denton City Council. Agenda f January 6, 1987 Page Two 1. Consider adoption of ordinance approving an amendment to part of a 39.5 acre planne] development and approval of a detailed plan for a 9,5 acre tract, 2. Consent Agendas Each of these items :s 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 eact 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 ba.:k-up information is attached to the ordinances (Agenda items 3.A, and 3.B). This listing is provided on the prior Consent to approval t of the allow ordinance. Members to item discuss any Bids? 1. Bid 4 9583 - City's participation with Wier and Associates for the r% Southern Hills Addition 2. Bid t 9692 - Rental street construction equipment and operators 3. Bid t 9693 Roll tff refuse truck axe"; 4. Bid 1 9694 - 250 MCM unshielded cable and accessories 8. Plate and Replates 1. Consider approval of preliminary plat of the ti Martin Luther King, Jr. Addition, Lot 1, Block A. (The Planning and zoning ' Commission recommends approval.) Y x` ~ 2. Consider approval of preliminary and final ,r replat of the Lone Star Townhome Addition, Lot 1R, Block 1. (The Planning and toning ' Commission recommends approval.) F 31 consider approval of preliminary replat of an. the Ponder Addition, Lot 10. (The Planning and Zoning Commission recommends approval.) r\ 4. Consider approval of final replat of the i McDonnell Highlands Addition, Phase it ;Blocks C, D, and E. (The Planning and \Y Zoning Commission recommends approval.) ;aM• .,.....w h_ X y ',1" `J9#^~["1~7 `~d, i. -aa. Y,XA'C++1 J;.4. "A440',"'i 14".4.V '•,1.>4b4r$f \ . ...4',.rt6R.w~ ~;.ti:.:re+~AG~~"'tb4.a'~r~i,n~~+r. A ~yii4+~~ i f City of Denton City Council Agenda January 6, 1987 i Page Three C. Contracts: 1. Consider approval of an addendum to the f contract with American Management Systems to acquire extended purchasing, inventory, cost allocation and job costing software packages j as subsystems to the financial system known as LGFS. (The Data Processing Advisory 3 Board recommends approval.} 3. A. Consider adoption of an ordinance accepting competitive bids and providing for the award of r contracts for the purchase of materials, equipment, supplies or services, a. 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 an yF addendum to the contract with American Management ~s Systems to acquire extended purchasing, ;l,nx inventory, cost allocation and job costing software packages as subsystems to the financial ` system known as LOPS. (The Data Processing Advisory Hoard recommends approval.) ~r r D. Consider adoption of an ordinance abandoning and E vacating certain utility easements located within the Golden Triangle/Michael's Addition. (The Public Utilities Board and Planning and Zoning M~ Commission recommend approval.) E. Consider adoption of an ordinance approving a contract for the City's participation in the coat of installing an oversized sewer main at the Capricorn Mobile Home Park. (The Public Utilities Board recommends approval.) f `s F. Consider adoption of rn ordinance approving a contract with Arthur Young to review, study and make recommendations concerning adjustmecta to } the Management/Superviaion pay plan. y V. Consider adoption of an ordinance prohibiting U turns on Audra Lane at its interaeution with r + McKinney Street. (The Citizens Traffic Safety Support Commission recommends approval,) i H, Consider adoption of an ordinance amending the zoning map of the City of Denton, Texas as same r J was adopted ss an appendix to the Code of ~.l Ordinances of the City of Denton, Texas by ordinance No. 69-10 as amended, and as said map •.o 4 ra t -y~i.«p~yyv+?fk~/lr.?M•Jf y:,.,.l:1.~~,JSt ei.Q . a +rkfT~s.JM,ln~,yl y:-ytA.4'~' Ak*i V'i~r,~Y u r. ~ypY.+.• l y City of Denton City Council Agenda January 5, 1987 Page Four 1) applies to 690.8 acres of land, as is more particularly described herein; to provide for a change in zoning classification from agricultural 'A' district classification and use designation, to planned development 'PD' district classification and use designation. (The Planning and Zoning Commission recommends approval.) I, Consider adoption of an ordinance amending the zoning map of the City of Denton, Texas, as same was adopted as an appendix to the Code of Ordinances of the City of Denton, Texas, by ordinance No. 69-1, and as said map applies to approximately 23,642 acres of land located north of Edwards Road approximately 2,800 feet east of Mayhill Road, as is more particularly described herein; to provide for a change in zoing classification and use designation from agricultural 'A' district classification and use t to single family 'SF-7' classification and use t for said property, (The Planning and Zoning Jeiti y.' Commission recommends approval.) J. Consider adoption of an ordinance authorizing the execution of Supplemental Agreement No. 1 to the monitor and Research Contract between the City of Denton, City of Dallas, and North Texas state rr t, Univeroity. (The Public Utilities Board recommends approval.) .H 40 Resolutions A. Consider approval of a resolution approving an interlocal agreement between the City of Denton and Denton County regarding Library services. ( B, Consider approval of a resolution approving Y, hater pipeline boring license for Golden Triangle Mini mall water line from the Missouri-Kansas- Texas Railroad Company, C, Consider approval of a resolution appointing a W° CIP 191 Committee to monitor, evaluate and report to the citizenry the progress of construction and improvements approved by the 1986 bond election and the 1985 street bond election, D, Consider approval of a resolution establishing dbeagiving a utifi beautification charge t in the citizens' Cit of t on Denton. f 51 iI ecellaneous matters from the City Manager, r , City of Denton City Council Agenda January 6, 1987 Page Five 6. New Businesst ~k This item provides a section for Council Members to suggest items for future agendas. Official Action on Executive session Itemst • A, Legal Matters 8. Real Estate C. Personnel and/or Board Appointments 8. Executive Session: r A. Legal Matters Under Sec. 2(e), Art. 6252-17 4 1 V.A,C,S, 81 Real Estate Under Sec. 2(f), Art, 6252-17 V,A,C,S, S'E C, Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V,A.C.S. 4 ` C E R T I F I C A T E 07 I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Benton, Texas, on the 2nd day of January# 1987 at a o'clock (a,tn. ) r CIT SECRETARY II la I PI k 25160 4 ' gill r J ~ p 5r .~µ1'1NPF~4r'l-,1i14W«Y:MR.>A,1P,~a~Lt{-, r \rr, i ' r~ 'Ty . AGENDA CITY OF DENTON CITY COUNCIL January 6, 1967 Work cession of the City of Denton City Council on Tuesday, January 60 1987, at 500 p.m. in the Ci:il Defense Room of the E Municipal Building at which the following items will be considered: !fE i 5:30 p.m. ~I 11 Hold a discussion of a resolution regarding intensity allocation (first come, first served). (The Planning and Zoning Commission recommends approval.) 2. Receive a report on the employee involvement program. k 3. Receive a report on the emergency 911 telephone system. 4. Receive a report un the automated voting by the City bl' r council. I 5, Hold a discussion on a resolution appointing a I I citizens committee to provide input and assistance to consultants regarding the establishment of capital recovery fees. 64 Executive Session: I A, Legal Matters Under Sec. 2(e), Art. 6252-17 * V.A,C.S. rer, 'v Y yB. Real Estate Under seo. 2(f), Art. 6252-1" V,A.C.S, C, Personnel/Board Appointment$ Under sec. 2(g), Art 6252-17 V.A.C.S. (aeo item #5 above) Regular Meeting of the City of Denton City Council on Tuesday, r . January 60 1986, at 700 p,m, in the council Chambers of the Municipal Building at which the following items will be l cotsideredl 7100 P.M. f xy+v 11 Public Hearings) ; d 3 k A. Z-18dG, Petition of McDonnell Construction aid Dw06 opment requesting an amendment to part of a 39.5 acre planned development and approval of a j detailed plan, including the preliminary replat { of the McDonnell Highlands Addition, Phase T, Blocks C, D, and E, for a 945 acre tract. Tiis E property is located south of McKinney ,ltreet, ; approximately 2,080 feet east of Mayhil~ Aot;d, r Ufa and shown in the Morreau Forrest Survey 4170 if " th6 amendment is approved, the land use would be changed from two family to single family with minimum 7,00(1 square foot lots. (The Planning ' an"1 toning Commission recommends approval,) f kr } _ E sr'A L .!1 •+-rw,..:v.ryr.n r.v. w. e. ..1 v>..LY:Y ,~.i..dk F .,L~i ktt `isdYa.~'4%.*4r':~'~(s: h; A* 1 t k j City of Denton City Council Agenda January 6, 1987 Page Two { 1. Consider adoption of ordinance approving an t amendment to part of a 39.5 acre planned i development and approval of a detailed plan for a 9.5 acre tract. 2. Consent Agendas 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 3.A, and 3.B). This listing is ' provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. r f y.~ A. Bides 1. Bid 1 9583 - City's participation with +M Wier and Associates for the f Southern Bills Addition 2. Bid # 9692 - Rental street construction x I equipment and operators 30 Bid 1 9693 - Roll off refuse truck 41 Bid # 9694 - 250 MCM unshielded cable and accessories err' r a, Plats and Replats: j i. Consider approval of preliminary plat of the Martin Luther King, Jr. Addition# Lot 1, Block A. (The Planning and Zoning Commission recommends approval.) a 2, Consider approval of preliminary and final replat of the Lone Star Townhome Addition, Lot 1R, Block 1. (The Planning and zoning Commission recommends approval.) 3, Consider approval of preliminary replat of the Ponder Additiono Lot 10, dThe Planning ' and zoning Commission recommends approval.) yr , i 4. Consider approval of final replat of the ~y McDonnell Bighland.i Addition, Phase I, ,a Blocks C, D, and u. (The Planning and Boning commission recommends approval.) sl <..t. •rNw+'n N4ariA M.~.w.,u.. ':aa,i9r+,, r, <.a, a.f..w, tiR~: t"~la <5, 4.. ";/'~0.MlM ~.j'. 4 '~4:'c~.C as ;.y ~ aKx wa"'k.)wTr"• ~h I . 7 S'~F r, City of Denton City Council Agenda January 6, 1987 Page Three C. Contracts: 1. Consider approval of an addendum to the i contract with :•merican Management Systems to acquire extended purchasing, inventory, cost allocation and job costing software packages as subsystems to the financial system known as LGFS. (The Data Processing Advisory Board recommends approval.) 3, A. Consider adoption of an ordinance accepting k competitive bids and providing for the award of contracts for the purchase of materiAls, j equipment, supplies or stsvices. I 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 an addendum to the contract with American Management Systems to acquire extended purchasing, - Inventory, cost allocation and job costing Y software packages as subsystems to the financial d1" j system known as LOPS. (The Data Processing # Advisory Board recommends approval.) ,i D. Consider adoption of an ordinance abandoning and vacating certain utility easements located within the Golden Triangle/Michael's Addition. (The 'E Public Utilities Board and Planning and Zoning V Commission recommend approval.) a B. Consider adoption of an ordinance approving a ' contract for the City's participation in the cost i of installing an oversized sewer main at the t { Capricorn Mobile Home Park. (The Public j y 1 Utilities Board recommends approval.) i! , 4 P, Consider adoption of an ordinance approving a contract with Arthur Young to review, study and make recommendations concerning adjustments to the Management/Supervision pay plan. I G, Consider adoption of an ordinance prohibiting U turns on Audra Lane at Its intersection with McKinney street. (The Citizens Traffic Safety { Support commission recommends approval.) H, Consider adoption of an ordinance amending the zoning map of the city of Denton, Texas as same 1 was adopted as an appendix to the Code of ordinances of the City of Denton, Texas by ordinance No, 69.1, as amended, and as said map r `1 t r .w , ,q•P<+.a .sn r...-, a@"'r `~41:,Y ''~h$SwF"Y§51~'"~~i'wA'~+~,,aa/~°"o - h r ,Y , i' a a p. City of Denton City Council Agenda January 6, 1987 Page Four applies to 690.6 acres of land, as is more particularly described hereinr to provide for a change in zoning classification from agricultural R "A" district classification and use designation, to planned development "PD' district { classification and use designation. (The Planning and zoning commission recommends approval.) 21 Consider adoption of an ordinance amending the zoning map of the City of Denton, Texas, as same was adopted as an appendix to the Code of i Ordinances of the City of Denton, Texas, by E ordinance No. 69-1, and as said crap applies to { fE~ approximately 23.642 acres of land located north 1 of Edwards Road approximately 2,800 feet east of Mayhill Road, as is more particularly described hereinr to provide Ear a change in zoing i classification and use designation from agricultural "A' district classification and use to single family "SF-7' classification and uoe for said property. (The Planning and zoning a r`A Commission recommends approval.) J. Consider adoption of an ordinance authorizing the execution of Supplemental Agreement No. 1 to the Monitor and Research Contract between the City of Denton, City of Dallas, and North Texas State University. (The Public Utilities Board recommends approval.) 4. Resolutions: 1 A, Consider approval of a resolution approving an interlocal agreement between the City of Denton y. and Denton County regarding Library services, B, Consider approval of a resolution approving a crater pipeline boring license for Golden Triangle Mini-mall water line from the Missouri-Kaneas ' Texas Railroad Company, s C, Consider approval of a res=olution appointing e CiP 191 committee to monitor„ evaluate and report to the citizenry the progress of construction and improvements approved by the 1986 bond election ' y. and the 1985 street bond election. r D, Consider approval of a resolution establishing and giving a charge to the citiz,is, task force ,j on beautification efforts in the City of Denton, Miscellaneous matters from the City Manager. I It r 1 ]]l 9 L { City of Denton City Council Agenda January 6, 1987 Page Five 6. New Business: ; This item provides a section for Council Members to suggest items for future agendas. `r 7. Official Action on Executive Session Items: I A, Legal Matters tt B, Real Estate f C. Personnel and/or Board Appointments j 8. Executive Sessions g A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.C.S, i' ! ~ y I F ' B. Real Estate Under Sec. 1(f), Art. 6252-17 r' V.A,C,S, ' C, Personnel/Board Appointments Under See. 2(g), Art 6252-17 V,A.C,S. A I 1 {t1 y i ; C E R T I F I C A T E 2 certify that the above notice of a meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, 1 on the 2nd day of January, 1987 at o'clock (a.m.) r° i 1 CITY SECRETARY d • 'r, 25160 W 1 d r_r 'V f 1 Y ~ •''R ,~''~"1MY h.!U,4~J I4tiV /.4.1 Wu.. MY".. •:I ..:w. v.,.,..ey...a Yr..".'~M •+biw dl•."i l.... is A,' Yy "'fito . y(~y tl1r Rlt tl., I tl I 3Q DATE: 1/6/87 CITY COUNCIL REPORT FORMAT ~ I TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Resolution for Intensity Allocation (First Come, First Serve) RECOMMENDATION: The Planning and Zoning Commission recommends approval by a vote of 6-0. SUMMARY: The Denton Development Guide contains provisions for dividing the city into numerous areas based on intensity or the amount of traffic generated. The low and moderate areas are allocated a maximum number of vehicular trips per day. )II BACKGROUND: The current policies of the Guide allow an individual I to propose land uses that use all the intensity in a specific area. This resolution creates a policy to eliminate first come, first serve intensity allocation " unless specific criteria have been reviewed. This policy would be an interim policy until the Guide is revised. PIOGRAMS. DEPARTMENTS OR GROUPS AFFECTED; All departments involved In the development process and individuals toning property. ! FISCAL IMPACT: No impact can be determined at this tire. Res tful y u ltted, arre f City Manager ! k Prepared, by, k k ec e. Carson- ; - f Urban Planner Ap oy + e e Dieeetor of lamming' and Development I _ti_ M,.r , zr' w 1635E - I i i FE---50LUT1 ON WHEREAS, the Denton Develo adopted as the o'f c a menr Guide j City to be used i COmpre ens v 1985, as amended was land use In making decisions fne ann ng guide for the and p arming, developmont and lNHEREAS, the Guide divides ox intensity plann ng areas the City into high, moderate and i growth; and to insure the goat of balanced F + the WHEREAS, the guide falls to allocation of trip enerationde a specific policy for respective planning areas; an t intensity w thin the WHEREAS, the City Council Planning and Zoning Co upon the recommendation of the providin mnlssion, has determined that a >t for the allocation of trip huespectlve gonera Use[ t policy } i Planning areas established b ion intensity l n the planning process NOW Y the Guide wthin ul be COUNCIL OF , THEREFORE, ' BE IT RESOLVED BY THE THE CITY OF DENTON A SECTION I r TEXAS I That the Development Policies of section Ilt, E, q Denton Develo meat Guide t to rea as ° owst 298;, as amended b, of the , be further amended r b+ Lan~`e Inte-si_ty!Transeortatian Balance I} General Policy and Standards (a) To promote the Y', I land use and tgoal of lanc ! divided into high growth between E~ I Plannin , moderate systems, the City is ; g areas. See as r and lox Intensit plaeniurposes, the moderate paged 23} For plant' standards, areas have maxim" tow Intensity A moderate intensity free ca nn h ve on maximum of 250 vehi acre cular trips per da iw , A low intensity area can have a m 73 vehicular trips per daYr per gross Yr ixlmum ooE high intensity area has no es;abiishedacre, The ~ limit tt` (b) As a general planning development should proportiona only pomake, a specific Proportionate share use intensity allocated fort theeinteeplt of a area generation acreagaffe eecctedthe based upon the ratio Planning Proposed development to the ' the i 1 acreage contained within the intensity planning area in which the development is located. Therefore, to apply the general. policy in making a zoning decision that affects a low or moderate intensity planning area, the following would be considered: i) What Is the tripp generation standard for the planning area? (e.g. if the area is 640 acres and it is a low intensity area, then the maximum trips would le 75 T.P.D. x 640 ac. or 48,000 T.P.D. ) 10 How much trip generation intensity has already been used by existing development and zoning in the planning area? t iii) How much trip generation Intensity is allocated to the proposed development under the general policy? (e.g. a 160 acre specific development in a 640 acre low intensity planning area would be allocated 11,000 trips per day, which is 1/4 of the allotment for the entire area). iv) How much trip generation intensity Is to be used by the proposed development? v) Now much trip generation intensity will remain in the planning area if the proposed zoning request is granted? ` ' If the proposed development does not violate the general policy of intensity allocation, the request would be evaluated in ti reference to other policies of the Guide. (c) If a specific request violates the general policy of proportionate allocation a determination should then e made whether there are planning considerations that would warrant approval of a disproportionate allo- cation of trip generation intensity. Those consid- erations may include, but are not limited to, the y ; following: i) the location of the proposed development in s.. reference to existing or proposed public ` facilities, such as streets, water or sewer lines, and drainage facilities. In this re ard, the City's Master Plan for public facilities should be considered. It may be found to be more desirable, for example, to allocate more trip generation intensity co a proposed development that is adjacent to, or would have convenient Page 1 , J y Y 1 ` access to, existing or propvsed major thorough- fares, major water and sewer lines and drainage facilities. it) The topography of the land in the planning area and the proposed development. There may be reason to allocate less trip generation intensity i for a specific property that would otherwise _w. require major modification of natural drainage r areas the removal of large masses of trees the leveling of hills, and other major topographical modifications to develop. t, iii) The land use in the planning area and surrounding { areas. The proposal should be reviewed to determine the compatibility with existing and potential land uses in the area and surrounding { area, iv) The allocation of trip generation intensity in reference to other policies of the Guide, such { as, the protection of older neighbor`Tioods and 1 4 single family housing; diversity of housing; and the concentration of apartments and office/retail sites. (d) In specific areas where a disproportionate allocation of intensity has been granted, the proposed development will be evaluated in reference to the j least intense, most logical land use for property in the area. In addition, the effect on the surrounding planning areas and compatibility with other policies of the Guide should be reviewed. SECTION 11. That this resolution shall become effective immediately upon its passage and approval. r PASSED AND APPROVED this the day of , 1986, i f 1EKS0 MAYOR RAT STEPI CITY OF DENTON, TEXAS e i . Page S r - ti 1R l t 1 Il 1 ATTEST: $ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ti DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS j -i1 I 1 BY Lr'w•, 0 ~ I y i .rv -l 4 Page 4 1 ....+..,.~...,a n:, ,.c ,o;y ,,^~1~9K.tri~c.ru.•µ;°, ' ..M.w.+1«. ..„,.cciw.-'....+.«. ~...a,w. .•,c....r, rs:'.+taP..~'s.'sr7Y+ij.S„~•.J~•}§?X"~ ' f } !I r t~ a Minutes December 3, 1986 Page 5 r ~I C. RESOLUTION RCGARDING INTENSITY ALLOCATION (first come, II rs~T ~ serve 3 f STAFF REPORT: Ms. Carson stated that this is the final opportun ty to look at the document. She said that staif has taken the two documents that were reviewed by the Commission in th;tir last discussion of the first come, first serve policy and combined them. She said that this is to be incorporated into the Guide so the format has been changed, DECISION: Mr, Escue moved to recommend reso ut on regarding intensity allocationp(pfirst come$ first serve), Seconde.: by Mr. Claiborne and motion i unanimously carried (6-0). ^d fY ~ xx f I { t WrYof DENTON, TEXAS MUNICIPAL SbILO'NO / t)ENTON, TEXAS 70101 /TELEPHONE (8171 600 0307 I office of the City A#Sntg*f I f Al F 1,I O F A. N P 11 11 a- a- I M"= TO: Linvd V. NarrelI City Manager FROM: Rick Svehla, Assistant City Atanap4 DATE: December 30, 19P6 ;k SIIPJFCT: 911 Fmerpency Telephone System On December 11, 1986, Jim Alexander and I attended a meetinp in Lewisville on the 911 syster. As you know this system is an enhanced communication system for all of our public safety is aggencies. It would allow dispatchers to have information about t' the location when 011 number Is activated for police, fire or R- ' ambulance assistance. The meeting was hosted by the phone 6. ' cor+pary,and invitations had been sort to all the cities within the County. At the meeting a siigpesrion was We than a t steering' cor.mittee be formed. People were nominated from the group and the following Feople were electeA as the steerlnp "committee: Fir. Jerry Jenkins from capper, Vs. Olive SterheT, a Shady Shores, Mr. Tim McGinnis from Flower Movrd, Yr. Mike Crowder from the Colony and Yr. Jim Alexander from Penton. Subsequent to that Jim was elected as the chairman of the steering cormittee. The general discussion of 911 cortinued ; and questions were answered by representatives fror spvrral of j J the phone comranles. We also discussed how suet a system would be imrlemented. AS I 1 mentioned In my earlier memo to you, subsocuent to the steerlnp committee, an interim board will be set ur which will be made up of two representatives from the County appointed by the Cn»nty Commissioners, two representatives arrointed by all the cities in the County and a representative appointed by the fire cblof s in the County. That board would meet to dec!de hew :o r implement the system (i.e., wben to call the election, plar R{ sit To tepy on how fo pet the System approved, mod publlel -,trp~the bene.fIts of 911If the system was approved In the elpet or, ' then a permanent board of the some kind of make-up would he ,R elected. That board would hire the appro}+riote People to Implement the system, monitor the system and determine a tariff 4`c to charpe on all of the phone hills within the Courty. Fi r -p A.4 yatr...a i . "e ,Y , i w 4 ' ' r 9 1 1 Memo s Pecember 300 IP96 Pape 2, l9Pb 9j 4 After the meeting adjourned, the cteerIrg committee met and Jim and his p.roup mapped out a strategy to begin the orpanfrarion of the interim board. Jim will be trving tr meet vfth the new County judge as well as other representatives of the cities to j try to get the Interim hoard aprofnted. Ye has also asked us to place the 911 system on the agenda for discussion at one of oitr early Council sessions in January. At that meeting, we would be able to give the CoiiPCil more information about the I system and answer any ouestions that they might have, ti, n' Assistant City Manager } jw/323Of T . Y ~ r a 1 r s a t!1 t- r 'Yn 1 rtl~, .,N n: ?1 4c - r;. 4 b ~S A { ' i9 X51 1'. t . i a Ip ...a.a.wwi:w+-..s.,,...,........ . , tiw:.-kry,wn.r.;~,:,zr> wi ".ati:yyiik"4N`~F't}~ryv'~,"n3•~t'M•:S4Y~91%'Y4bvx.ww„aw,. r i 4 :r F' 01 f Y'., A I My 61 DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) $66.8200 MEMORANDUM ' DATES January 2, 1987 TO. Mayor and Members of the City Council t t'FROM., Lloyd V. Harrell, City Manager SUBJECT: REPRESENTATIVES FOR THE CAPITAL RECOVERY FEE STUDY } COMMITTEE ! 3 Attached is the resolution for appointing members to the 'Capital Recovery Fee Citizens' Committee.' The following names have, been submitted by the respective organizations and all have been i` cbnLacted and have agreed to serve. x Board of Realtors ExecutiVe Committee will meet at noon, Monday, January 25, to select three names. President Rebecca Arnold has indicated she y would serve if selected by this committee.' s~ ff?I Engineers - Gteg Edwards, Metroplex Engineering 383-1416 - Brian Burk, Burk Engineering 566-3714 Homebuilders Association ar boyle Conine, Checkmate Developers yr - John Adami, Eagles Landing 565-9902 w;. Al McNatt , Leaguo of Women Voters w - Isabell Miller, 711 w. Sycamore 387r-1659 Marilyn Smith, 1716 Sena 383-4410 These candidates will be reviewed Tuesday evening with final " appointment scheduled for January 20th. 1 i t1 o Vo Harrell 0273n t .u 1tlNW1~'1oA4flCNe?'i~[~Ar'.'`~+.ti .YM nein.;-.rxq~+ilM$'~"MiA.R!Y{Jri?'F9~U/tlk~u°'awr r.- 1662L R E S O L U T I O N i J WHEREAS, the City Council has, upon the recommendation of the Public Utility Board, authorized Camp, Dresser and McKee to con- duct a feasibility and imple4entation study for the establishment of capital recovery fees; and WHEREAS, such study contemplates the appointment of a citizens' committee to provide input and assistance to the l consultants and the City; NOW, THEREFORE, s BE IT RESOLVED BY THE COUNCIL Or THE CITY OF DENTON* TEXAS: e f e SECTION I. ' That the following individuals are hereby appointed to " I< constitute the "Capital Recovery Fees Citizens' Committee"R y t , At Large Representative , , City Council Member` Public Utilities Board Member i , Public Utilities Board Member „ ,f' Chamber/Board of Realtors Representative University Representative League of Women Voters Representative rt M:,` .u, Home Owner Homo Owner t , Home Owner " r tai , Retired Home Owner Engineering Firm Representative Apartment Dweller (possible student) Flomebuilder Association Representative Re r y •4 Small Business Owner t SECTION 11. That is hereby appointed as then chairman o such omm tteeb . kt se:n ',iee!lYr.Y.T 9 rt`:3eN:,~1{.~}''°44.1+`M1 , E $ r ~ J a SECTION That the Committee shall coordinate with Camp, Dresser and McKee and the Public Utilities Board in the study on the feasibility and implementation of capital recovery fees and shall ] report its findings to the Public Utilities Board. x, SECTI_ 0_ That this resolution shall become effective immediately upon i its passage and approval. ' PASSED AND APPROVED this the day of , 1987. F ,w r RAT -51 1 , p CITY OF DENTON, TEXAS ,r ATTEST: 7 i 'y CITY OF DNTON ' sEG~y ~ TEXAS APPROVED AS TO LEGAL.FORM: s DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY { CITY O DENTON, TEXAS 1 r., rt r.~ r ~ 1 rr f.tir._... rrrl%:. ;cLY ~ SRI '4d r r r. 4~1 p Y 1 rY~ •"^'^'M'NI RP.n1^l1i}\VYA 11. MVf.LanY,.u.~MW v...vni.n ,v.i..w eun 4` .r:1. i 'a ' r"Ndb'i.,^..'R's'RNr"t/MIltSSi~-iFV ~a;-i'ro. B4lr y'. -0'aQd#80 ws. V~ :a' w 3 t r, ZlI DATRt 01/06/87 CITY COUNCIL RRPORT FORMAT Tot Mayor and Members of the City Council ~ FROM* Lloyd Harrell, City Manager BUBJBCT: PUBLIC H.BARINO OF Z-1646 AND ADOPTION OY ORDINANC9 i l Planning and Zoning Cosssission recommends approval by a vote of 6-0. 1 sDn+ARY t t j The City Council approved planned development zoning on 39.4 acres for general retail and duplex land uses. BACKOR,IV,D: { The request, if approved, would amend a 9.546 acre section of the planned. development to permit single family residences on minitatm • 70000 square toot lots. PWOR DiPOTHMS 0 GROUPS AP t R t All departments involved in the development process. Property owaere within 200 feet were notified of the zoning request. 9+, ; V r 'y rISCAL" IMPACiTt f No Impact can be dstersined at this tie*. f + .f Res fully submitted. r. ~ C y Manager Prspox" byt , C~oi1• Carson ` Urbsn Planner App 14 t , F~o „ Jett Me y bireator of Planning and Developmat i a f `E r: b'.v~ld4".nrc•...;.r"a¢aa-, r . 5+*dx~.`y :1ia~x.fa`wtddus.S: Er ' A I. . h . a j PLANNING AND ZONING COMMISSION i! RECOMMENDATION TO CITY COUNCIL ` To: Denton City Council Case No.: Z-1846 Meeting Date: January 6, 1987 GENERAL INFORMATION Applicant: McDonnell Construction and Development 1 P.O. Box 50239 Denton, Texas 76202 Status of Applicant: Owner R9quested Action: Approval of a detailed plan amending a 39.4 acre planned development. The amendment would permit the development of 39 single family lots with a j' minimum of 7,000 square feet. The approved planned development allows duplex development. r Location and Size: 9.546 acres located south of McKinney „ Street, approximately 2,090 feet east of Mayhill Road, t 1 Surrounding Land Use 1 and Zoning: North - Agricultural; 8-174; Mobile Home Subdivision South - Agricultural; ETJ East - Agricultural; Single Family Hoess ETJ I Nest - Agricultural; ETJ 5 t Denton Development Guide: Low intensity area t SPECIAL INFORMATION ~rt,•, Transportation% The access to McKinney Street from the subdivision will be provided by a collector street. A sidewalk will be located along cllengary Nay. All pub- lie improvements have been completed. Utilities! Water and sewer lines have been extended to the site. Other utilities ate available. 4 10-- ...a . _..t i' ,.«.......~......~.,wn..r:y.:a.:.o-.m..., ..:w,v ..:...rv..,, .....;.:-ew.u ,a n.:,+3 w.wr4 ai+~w4{MS 'e!4'•7~.9 'ar !a i (Case Z-1840 Page Two i HISTORY I j The City Council adopted an ordinance establishing planned development zoning on 39.4 acres for general retail and duplex land uses on August 6, 1985. Due to an error in the advertising of the annexation, the request was processed again and the ' ordinance was adopted January 21, 1986. { ~ ANALYSIS I I The property is located in a low intensity area. This area of Denton has experienced limited growth. The request from duplex to single family will reduce the intensity in the area. The low f k intensity areas are the primary residential areas of the city and the single family with minimum 7,000 square foot lots to consistent with this policy. f e,i The petitioner is requesting the amendment because of "the durrent weakness in duplex sales" in Denton. Staff has argued in other cases in the area that more detached residential land t uses should be approved in eastern Denton and this amendment 'r reinforces the staff position. =S The proposal meets the Development Guide standardw and Planned Devvelopmnnt ordinance requirements. RECOM ENDATION ` planning and zoning recommends a r~ pproval oC 2-1846 by a vote of 6-Q xt - ALTERNATIVES 1 1. Approve petition f 12. Approve petition with conditions II 3. Deny petition } ATTACHKENTS 1. Location map w 2. Detailed Plan and Preliminary Replat 3, Development standards i 4. Ordinance 86-16 x° 5. Kitting List 6, Reply Fora Totals i 7. Kinutes of the December 3, 1986 Plaoning and zoning commission meeting 0367o F TnR WN y1MPlY•+: P,K[..d ftw°•'•r..r r«. erJ'w'.. n:a »t .9A •,_?ielY K4... '.A ,r r v.• V,ob" iiY ...1.~~"Kix s. i.. n p r / I~ ~ II X ~ ~ I h~ 7777c in MAY i LL mum pY ~ ~ i r 1 4.,,~ 5 'i T RO .~l.. A, t~.._.___• I ` ~ nYr r~r r:r • err ~ r..' _ ~S i . % _..i r fir' ~ . 4Y.• t P'.1 .n~M1, 0,11,0 fn . ~ CYI1.L'Ttd CIt it Vt 6Ai► . au I. 1. t1 t 1 i.; 1 1 VA Kn. fl Mrr 4M (k My l l ,K rlnl.p.17 4 9.1 RVl N CNpAD M1f , W $r oil M Mdits U 1 rr 1# YV•1. , Iris sr I/000 N 17' 41'14.1 IGia L Teu •r., Y 1Kd 1•. In W ry Y H, 7rir MurmA ■Ib: 1 1■ ~ i 70.00 1{.l1 r. 1n• 1.44 .earn •vo Y '+r1 N 1M 34.1 Kn wK.u Joe 1'5'•b•m• E Du* • 11000' 17L•S YIC IRISI AA1 14164 ~ •e full LLI .l IN LfN rw .n 1"9-01 to h-!r. ` 1. ul mwu lMlYNr w,7M V1 VIII: ,I r - ` 1, $TIYY .1 l1011H~! IM W M1~.w lli oil AmI 1. r 7DN[01 ! - f. i+1 flr..r.1 N Ml Y..$ r 1 r "11 W rnwlW y li Nwrwe c l `L \/h l/ •pa I - r ` .«I,{ 011.0 nr.M • n,lbl /~r. b ILrw M W .MW. we At Y f /y C TI wI.r W141%YIpp1 Ill w ttw arelrl W ".4wll~OI'l u. •,n , Cr b.+lrr^X014"1mi, 1.00 M.11114.W"N VI II.. \,.a - 1n by 1. IM,NI'. Iti nl.. .nMY Ib Mw r IN M!•{r1 hYt'. 70 * J • AtrIj • 1sT 'r I n• • . 1 ~f• t,"' a n•r• .r. r LY. 1Sd 0000. >lrflq LI wlL h,. n. y II. ` A ,l ' Ih 10. A..•..rllp .Mean M.1«,N .MI 1n .R+,YWl. IIr\I ` ~ Ir 1^ ~S_ b~ D r I 1 , J04. 6 P~ Il. b .ren rnr In ,MttlK 111 J•IIY Uwi m Vp•IN. (K' e:^+ % L C N © • [ ~ S I' tr fr rrgMM Y tlK. Ir. P "[II .M I.r. MII .7•+9- IM Mro Mv+.,r1p 0 Hu 1, 14\ rl b II IN If IrHMS;. WIL o ■ ` 11. burl 1 f. nln, Y INfarbl to Ny.04 p.,wlb I. Hlpae•.r. •.1.dm. r1..••r IM rW. YA r t Js to •I _ ~Ih~, ! u. III 1 Y f. 1.1/1 At LI C r ` - h 0.1110 Ipmrol$ K1 414III1 W brlr.l.lr Y Ir•IIIJ.u4 1 b \ 0 1. M11r nru I R. 700 1.4 L .014.14 r 4w110 401 IM 100 IL Y0/ ' * \I t^ I~Pj rt ~ ~ I'e. NM. 1..M H..I Wt.IMI N1114hu•' .1. N..1 In ,..l•••1. 4ry~ I,.,. U r 4,10 ' 1 NM AM"■ IIY Iw Vol 640 of L 0 i Arlwl• I ♦ 011 \ 111 tmI14N.1 Will r. Ioli a MINIYII) do, b 14 ILrL /W, IY F 1 l 0 C 9 \ 41,4 Vo .MIK W LI.r M/ M IIM1i , Yr. 1"• 0.414 411.!7"$. 20,40; A w /!iii P _ /.MI AC. ~YY ■ t/ ~'v Iii: / F , 60, 1 I1lY j,/„ . 40 C: w iii "'T a 2MINu' PLAN/PREL lIY Rd Le.I WorRl/ C'1■1 ~ LLR /a■wICA1lON VIM? MCDONNEU. "LAPP R■.~ M1LIC ■flurr I's■t y MOWAU M&ORANtl Ai. AI, 4 '1 A.eu 04 IN Tw o17fA*' b001ff1 ~ ~ 1/A.r~ Rf ONTi[Ar OWNM1 / +d'ks • ~ McDonnell conefrucMon & D¢Mebpnd XAA 1fp + >w P O.OfI 60pf OLNf01f, a h UT1/It F 1) V1i1. I`VW, Ii Fl i -1p ir. VLli1 10-10-191A " (4i too, 00 r, ■IIONNftI CNiCN,R1111- SIB; A, 1 (9-17911 N Of A pit • Y S G•1.ll0 1117/ AG 4141 l" .i - f , CON8UL1'OIA OIVILI Mlltll • DCNTON.hus It ■ „1!4M4 .M1Y..mmo-IIun,........ .......r a..r..arr... e.r.aa. r a..ya,., uw:ro ...rc a....l}>'.f..Y a:<...w. .pn .._._...on~,. .r... R ]i I McDonnell Highlands, Phase One - GENERAL NOTES: 1. It is the intent of the Owner (McDonnell Construction and Development) to rezone the 9.546 acres shaded on this exhibit from 2-F to SF-7, ' i 2. This area is zoned low-intensity in the Denton Development Guide, I 3. The 9.546 acres shown is part of the 39.5 acre overall PD-98 (Ordinance 86-16). a 4, All of the 9..%6 i res are proposed for SF-7 use. - .s 5. All streets indicated on the plan are existing, sr, 6. 'Applying a traffic generation rate of 10 per dwelling unit results in an estimate of 390 trips/day for the 39 total lots, { 7. The placement of each house on a lot will be controlled by the current zoning ordinance, and a typical plan is shown on the exhibit. E, 8. The maximum building height will be two stories; the a.:nimum setbacks are _Lhown; minimum lot area is 7,000 sq.ft,; min. lot width is 67.001; min, ^ lot depth is 105.0011 and min, setbacks are shown on the 'Set-Back Detail'. 9. There are 39 lots on 9.546 acres, yielding 4.1 units/acre. 1110. . No Both existing trees are pecans, and they are shown on Lot 3, Block E. o pen-pa ace,greenbelts, or other public areas are proposed. 126 It is proposed to place the 6' solid wood fence screening along the South ~X boundaries of Lots 1, Block A&B as required by Ordinance 86-16. a 13. Existing zoning is indicated for adjacent properties. 14. All utilities are existing, as shown on the plan. 1., 15, The public improvements are complete. Home construction is anticipated ' to begin about 1 Mar 1987 and be complete on about 30 Sept 1988. 16.` No landscaping is proposed, 17, No signs (other than individual builders' sales signs) are proposed. 18. There is an existing 4' wide sidewalk along the West side of Glengary, ~ A 19, Individual lots are remaining as originally shown on the Final Plat, ex- V A cep►.'the center lot lines are now removed. f; 204 Site grading is complete. tl' 1,4 r , r e r . a S. k k f il3JL x t N0. $l. ~n i F. 1 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES 01 THE CITY OF DENTON* TEXAS BY ORDINANCE NO. 69.1, AS AMENDED, AND AS SAID NAP APPLIES TO 39.478 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF F.M. 426 (EAST MCKINNEY STREXT), BEING APPROXIMATELY 2,000 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRISID HEREIN TO PROVIDE FOR A CHANGE IN ZONIN4 CLASSIFICATION FkOH e AGRICHTURAL "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 yy k 1.+ THE COUNCIL OF THE CITY OF DENTON, TFRAS, HEREBY ORDAINSi SECTION I. Tnat the toning classification and use du ignation of the following described property, to-wits TRACT I. All that certain tract or parcel of land situated in iY oc of the Morreau Forrest Survey, Abstract Number 411 Dentor County, Tsxaaj the said tract being a part of the called 86,1$8 acre ttoot dacribed in the dead from Henry S. Miller Company to R. 0. McDonnell, at ux recorded in Volume 12001 Page 462 of the h ? Deed Accords of Denton County, Texasl the said tract being more particularly described As follawt K BEOINYINO for the most Ioutherlyy southwest corner of the tract beingQ described herein, at a fioee corner pone for the most t moutharly southwest corner of the said McDonnell Tract uma being i+. a re-entrant corner of the tract described in the deed from Felix Callahan, of us to Ann C. Stark, at at recorded in Volume 1027, Page 630 of the said Deed Records and being on the occupied mouth 1lna of the said H. Forrest Survey and the north line of the Gideon Walker Survey, Abstract Number 1330; ks THENCE north 01'00146" wait with the went line of the McDonnell Tract and along a fence a distance of 198.56 feet to a fence cOraer poet at a re-entrant corner of said tract; k THENCE north 88'07049" wet along a fence a distance of 1$8.15 + foot to a fence corner pat at the most westerly southwest corner of thr said McDonnell Tract site bein~l the southeast corner of the t id Le Voi, „ad in the deed to Hershel Eugene Nau``han, At ux 997, Page 711 of trio maid Deed Recoraq THENCE northerly with trio wit line of the said McDonnell Tract r.. and along; a wire fence the following 3 cellmi 1, north 01000034" east a distance of 692.37 foot to an apparent angle point; 2, north 00$14147'1 west A distance of 321,99 (aat to an Apparent angle point) _ 3. north 0011038" west a diltined of 994,75 feet to an Ltoo rod found it a fined corner on the south right of .j way of P.H. 7201 as occupied, for the northwest corner of tha said McDonnell Tract, the said trod rod being 3 fast northerly from another faced cornet post; 1 y' `~J, ~.*w: n.u'1ll. $'~,QI\~.i.:h Y-\U'J.,JMMtn , ew,.,; - r , n.t bFf9, fY/•ilp.ivV.11~'pl q % Y ~P 1 THENCE southeasterly with the southerly right of way of F.M. 720 1 and the northerly line of the McDonnell Tract too following 3 calls- f F 1, south 86'18150" east a distance of 430,47 feet to an j. iron rod set at an angle point in the said line and s' being near an icon rail fence; ,k 2. south 46°33'48" east along and near the said iron rail i fence a distance of 411.40 feet to a right of way marker at an angle point in the said line; i I. 3. soutn 63*44111" east along and near the said fence a distance of 219,92 feet to an iron rod set for the northeast corner of the herein described tract; THENCE south 00810140" vest, severing the said McDonnell Tract, a distance of b87.64 feet to an iron rod set for an molls point in Se trite line; ' THENCE south 01'00146" vest, continuing across the said McDonnell Tract, and passing at 137.19 feet to an iron rod set for the northwest corner of a certain Tract It of 0,334 of an acre, and continuing along the same coursa, in all a total distance of 798,58 feat to an iron rod set near an old wire fence on the south line of the said McDonnell Tract; same being the mouth line of the said 11, Forrest Survey, as occupiedi TKOCE north 89'30113" vent with the said south line of tsc ' McDonnell tract and alon the general courts of the said old w.ra fenee a distance of 812g,6 1 feet to the place of beginning and j a enclosing 39,478 sera of land; is hereby changed from Agrleultural "A" District Classification and Use ddeLgnation to planned Development "FD" District Classification and Use destination under the comprehensive coning ordinance of the City of Denton, Texas. r 1 SICTLON It. That prior to issuance of any certificate of occupancy for the use of any building within the planned development district, the following conditions shall be met; A. a six (6') foot solid wood fence shall be erected aloo tie' he southern boundary of the ganaral retail T.t soot on) r' S, That the area designated es Sections 2 3 and 4 on the attached site plan for two-ferny dweltings shall be developed to accordance with the toning regulations appplicable to two-family toning districts Logo or as such regulations are not r inconsistent with the attached site plan for such 1 area and use. SICTION III, ` A, That the City Council approves the comprehensive its plan for the atom designated as Sections 20 3 and on the i' attached mite plan for two-family dwe1lingi with the conditions and regulations herein seated, t g . I., t' That prior to any development or construction within the area dui natsd on the attached site plan for general retail (CA a comprehensive site plan r!or such area shall be submitted for approval in accordance with the proceiures required for approval of planned development districts. The proposed comprehensive site plan for the area designated as general retail shall be restricted to proposed uses for retail ■nd office-showroom warehouses. C. That the approval of the district showing • general retail area on the attached site plan, shall not, and is not intended to, be deemed approval of such designated area for any particular land use but shall be construed only r to mean that uJes alloweA in general retail toning districts on the date such comprehensive site plan is submitted, may be considered as possible appropriate ueee " of such designated area at the time such plan is submitted therefore, and approval thereof may be determined upon consideration of such factors which may include, but not be limited tot the time elapsed from the effective date of this ordinance and the date such comprehensiva site guildilan ssubmdwellinor unitsaseor th roposedr uses; the Kx } arvanioaent and design of the buildings streets, parking areas, utilities and other development features; and the proposed regulations to be applied to such area. a SECTION IV. That the development of the property shall be in substantial compliance with the comprehensive site plan attached hereto or any comprehensive site plan hereafter approved for any part of the district and made a part hereof for all purposes. rho Zoning Map of the City of Dentoa, Texas, adopted the 14th day of Janusry, 19690 as an Atpondix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69.1, is amended, w' be, and the same is hereby amended to show such change in District ;i Clto aification and Use subject to the above conditions and specifications, fie SECTION Y. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of i Denton, Texas, and with reasonable eonaideration, among other things for the character of the district and for its peculiar E suitability or parculr uses, and with a view to conserving the value of the builtidingsa, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of uenton, Texas, and its citirsna, x SECTION Vt, 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 therounder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thouesnd Dollars ($1 000.00), Each such person shall bo deemed guilty of a io crate ofionsm 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 vithin the limits above. Z-1125/PAGE 7 :DSw.;',,.w.- ,.:4401~ .acv. s' 1 Y~ ~t N • w c c SECTION VII. That Ordinance No. 85.132 is hereby repeated. SECTION VIII. E` That this ordinance shall become effective fourteen (16) days from the date of its paaeage, and the City Secretary is hereby c directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of !tr"; the City of Denton, Taxes, within ton (IO) days of the date of its passage. PASSED AND APPfl0VE0 this the vs, day of 1986. 71 LIKAIW C1 Y or E.VTON, 7EXA3 J rc r ATUSTs 3i# y r 1KARLVET~G , CUT ~ ' G' CITY OF DUTON, TEXAS 1 rr ~ APPROVED AS TO LEGAL FORM: rrJ DEBRA ADAMI ORAYOVITCH, CITY ATTORNEY CITY Or DENTON, TEXAS p . r f.Y 3 4 w6: U%~ l i Z-112WACE o ~a ..Y J 4 '..-,..,....a.... rwx,..rrw~:aar#b x.~lwet:vwr•vr+-+~n« kl.r..le4G, yMnd'W:*u~.r Fri. . , is . . r r r~ i J.a -XV oz I tiv~•YJJrwA.w yr.Nw..MWr~~..•rn•1 r. 1Ir' ~~~1 •w.I w1~ 1 ♦1~~1 r ~ Y10MI~ W K wwr~.lwwYat `.,:rw.i i M l K• ! 1 Y~R.. MlY. • An+ 1• 1 1 / 1 ' Iw.1 .rY r' ~ 1 i 1 t 1 1 1 11 1 11 11 s!: I \ i Ill' 1A - All% .04 - R, ~ c .j : Y O ~a LOU 76,20 9 f pie y y • v C: f r + 1 i Lf il'k'.'J'ry~ a.. ti ! 4 n Y.'I.'.' A. `Tt:u± sw 1 PROPERTY OWNER REPLY FORMS `k CITY COUNCIL ~ 2-184b j IN FAVOR IN OPPOSITION UNDECIDED None Received None Received a. r~ ~ • 34 y r 1 k irk I f d , S _II ~ k 5. e a r , Y~ r..... q,„.!«.ar.. pan mss.,......, n«a w~.'.i wMNCWn++rr!r.w...w rAln"4wt Mw l ,1 j P 6 I Minutes December 3, 1986 Page 1 Mr. Holt moved to recommend dental of i-1815. Seconded by Ms. Brock and motion unanimously carried l6.0). B. 2.1816. Petition of McDonnell Construction and Develop- eft wt re uesting an amendment to part of a 39.5 acre lotteddevelopment and approval of a detailed plan, including the preliminary rtplat of McDonnell Highlands Addition, for a 9.5 acre tract. The property Is located south of Mclcinney Street, approximately 1,080 feet test of Mayhill Road, and shown in the Morreou Forrest Survey 117. If the amendment Is approved, the lend use would i v s be changed from two family to single family with minimum T. 7,000 square foot lots. + Three notices were walled to property owners within 100 i, feet; no reply forms were received In favor of opposition. ~.r PET1710 to : Brian Burke, of Burke Entgnterin8 representipg r. c onr.ell, stated that all the public improvements went complete. He said that the owner found that there was no market for duplex and that they would like to change three blocks of lots to SF-7. He said that they are in compii• i once with the SF-7 requirements. Ms. Brock asked If the original planned development was all duplex or is this part of a larger planned development. Mr. Burke said that this Is part of a larger planned devel- ir opment toned for retail and duplex. • Ms. Brock asked if they were planning a church on Block 1. Mr. Burke said yes. F~♦ 1 t. ~ IN FAVOR: None present. rf OPPOSED: None present. " STAFF REPORT: Ms. Carson stated that the City Council y,, a epic an ordinance establishing planned development toning on 39,1 acres for enerol retail and duplex land f caste on August 60 1985. She said dust to an error in the advertising of the annexation the request was processed again and the ordinance was laopted Jinuory tl, 1986. She lq said the property is located in o low intensity area. She said that the request from duplex to sin le family will re- duce the intensity in the area and add diversity. She gold that the petitioner is reqquesting theasendment because of "the current weakness, in du lex Sells" In Denton. She said that staff has argued in other cases In the area that more detached residential lend uses should be aCproved In east- ern Denton and this amendment reinforces toe staff, post- s tlon, She said that the pro Cast meets the Development Guide standards and Planned Development Ordinance require- ments. She said that staff recommends approval of 1.1816. As. Brock asked if slat[ has any pproblems that this Bevel- ` opment would be glenerai retail, 5F•7, and then duplex in stablesto staffsthicnlt would Cation betSFll.thSheitold that- etr' with the configuration of the streets, the land aix would be appropriate, She Bald a fence is required between the general retail and SF-7 land use and this buffer would be acceptable. REBUTTALI None offered. r ,p Chair declared public hearing closed. Mo. ONt Mr. [scut toyed to recommend ap0proval of 101816. t n a by Mr. Glasscock and notion unenlaously carried t I ,a, e.,.a..n r+. ,e,.,. r,'t 5~f ~r+&a'.b.~~r.'za4+fh~.i~4~'<~' ^w` i J 1668L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT CREATED BY ORDINANCE NO, 86.16, TO F PROVIDE FOR A CHANGE IN USE FROM TWO-FAMILY (2-F) TO SINGLE- FAMILY (SF-7) DWELLING USE FOR 9.S ACRES OF LAND LOCATED ON THE SOUTH SIDE OF F.M. 426 (EAST MCKINNEY STREET), APPROXIMATELY 1,000 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING A DETAILED PLAN FOR THAT PORTION OF THE DISTRICT IN ACCORDANCE WITH CHANGE IN USE HEREIN MADE; j,• PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 21, 1986, Ordinance No. 86.16 was { approved providing for the creation of a planned development zoning district for 39.4 acres of land, as described therein, for general retail and two-family dwelling use, in accordance with the approved site plan; and, WHEREAS, on May 6, 1986, Article 11, of Appendix B-Zoning of the Code of Ordinances, which provided for the creation of planned development zoning districts, was amended by Ordinance !y No. 86-84, to provide for new procedures for the creation, approval, and amendment of planned development toning districts; WHEREAS, on October 29, 1986, McDonnell Construction and Development made application to amend the provisions of Ordinance No, 86-16, to provide for a change from two-family dwelling use to single-family dwelling use for 9.S acres of the 39.4 acres of land in the district. A public hearingg on the application was held before the City Council on January 6, 1987; and, WHEREAS, this ordinance is adopted to provide for the amendment of Ordinance No. 86.16, in accordance with the application made therefore, and to provide for the approval of a detailed plan for a portion of the land included therein, in $g', accordance with the provisions of article 11 of Appendix 9-Zoning, as amended,, NOW, THEREFORE, i i°. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the provisions of ordinance No, 86.16, providing for two-family (2-F).dwelling use for the 9.S acres of land described :w in Exhibit A, attached hereto and incorporated herein by refer- ence, being designated as Section 1 in the site plan attached Z-1846/PAGE 1 W, i y ~ i l to Ordinance No. 86-16, is hereby amended, by the approval and adoption of the Detailed Plan, attached as Exhibit $ incorpo- rated herein by reference, showing a change in use to single- ` Eamily (SF-7) dwelling use for such designated land. No parson shall develop or use the land covered by the approved Detailed Plan in violation of the provisions of the Detailed Plan, the 1 provisions of this ordinance, or any other applicable ordinance, t SECTION II. That Section II. B. of Ordinance No. 86.16 is amended to i, read as follows: . i B. That the area designated as Sections 3 and 4 on the attached site plan for two-family dwellings shall be • developed in accordance with the zoning regulations applicable to two-family zoning districts insofar as such regulations are not inconsistent with the attached site plan for such area and use. SECTION III. That Section III. A. of Ordinance No. 86-16 is amended to `read as follows: j A. That the City Council approves the comprehensive site plan for the area designated as sections 3 and 4 for two-family dwelling use, subject to the conditions and regulations provided for herein. x , SECTION IV. .~c That a copy of this ordinance shall be attached to Ordinance No'., 86-16 showing the amendments herein made. SECTION V. That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding One Thousand Dollars ($1,000.00)= and each day and every day that the provisions of this ordinance are violated shall constitute a ; separate and distinct offense. This penalty is in addition to and cumulative of, any other remedies as may be available at law a' t and equity, SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be : E-1846/PAGE 2 F 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. SECTION VII. j That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be { published twice in the Denton Record-Chronicle, the official a newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1987. RAY E 0 CITY OF DE'NTON, TEXAS y " ATTEST: { TTY- ALLEfT'ZTTYSECCETAfY CITY OF OENTON, TEXAS APPROVED AS TO LEGAL FORM'. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS • BY 1 • XJ it 1•i ! I Z-1846/PAGE 3 n % 1 ' A0 . w...'. !yy.{e k'kare A~^~.IaM-0!'t :1rt AM-W t' k ' ' 'fir P ; p COLEMAN ASSOC. SURVEYING 417 S. LOCUST, SUITE 106 • P.O. BOX 686 DENTON, TEXAS 762020686 (817) 565.8215 EXHIBIT "A" WHEREAS, R.O.' MCDONNELI, is the ownar of all that certain tract of land sit- uated in block A of the Morreau Forrest Survey Abstract Number 417, Denton County, Texas and being that part of the called 39.478 acre tract described in the Deed from R.O, McDonnell et ux to McDonnell Enterprises, Inc. record- ed in Volume 1477 Oage 929 of the Deed Records of Dent(,n County, Texas de- signated as Blocks CjD and E of MCDONNELL HIGHLANDS, PHASE ONE as shrjwn by the plat thereof recorded in Cabinet E Slide 330 of the Plat Records of Den- ton County# Texas; the subject tract being more p3rticul.arly described as follows$ i 1 BEGINNING for the most Northerly Northwest Corner of the tract being describ- ed herein at an iron rod at the Northeast Corner of Lot 1 Block A of the said McDonnell Highlands and being at the intersection of Gleangary Way with the right-of-way of FM Highway No. 426 ( East McKinney Street ) South 68 Degrees t` 18 Minutes 50 Seconds West a distance of 430.47'feet and South 64 Degrees 33 Einutes 48 Second,* East a distance of 179.90 feet from the Northwest Corner of the said 39.478 acre tract] THENCE South 64 Degrees 33 Minutes 48 Seconds East with the South right-of- w way of FM 426# crossing Glenngary Way a distance of 60.0 feet to'an.iron rod at the Northwest Corner of Lot 1 in Block B of McDonnell Highlands; THENCE Southerly with the East right-of-way of G1ennRary Way and along the arc of a curve to the left hiving an are radius of 220.00 feet, an arc ler4;th of 96.99 feet ( chord bearing South 12 Degrees 48 Minutes 26 Seconds West a 10 r "distance of 96.21 feet ) tc' an iron rod at the end of thi said curve/ y THENCE South 00 Degrees 1G Minutes 40 Seconds West continuing with the East aw right;of-way'of Glenngary,'.iay a distance of 280.93 feet to an iron rod at the Southwest Corner of Lot 1 Block s -nl the Northwest Corner of Lot i in Block E) a r°, THENCE South 89 Degrees 30 Minutes 14 Seconds East with the common line be- W tween Block B and Block E a distance of 373.67 feet to an iron rod at the Southeast Corner of Lot 1 in Block B in the East line of the above mentioned { 39.478 acre tract; THENCE South 00 Degrees 10 Minuses 40 Seconds West with the East line of the 39,478 abre tract a distance of 265.00 feet to an iron rid at the Southeast E Corner of Block E and McDonnell Aighlandsi Phase One; THENCE tract with North the 89.SouthDe rees lit,e 30 of Minutes Phase 14 One West severing the 39.478 acre 41 _ Corner of Lot 8 e a distance of 964,•74 feet to an iron z od at the Southwest in Block D and being in the West line of the 39.418 acre tract; TlltkE North 01 Degree 00 Minutes 54 Seconds East along a fence and with, the { West line of the 39.478 acre tract a distance of 280.50 feet to an iron rod at an angle point therein; Z-1846 s V' .~.....,.[„moo, ss`r' v Sri. J• . IRYY n YF.,2. i .~sS THENCE North 00 Degrees 14 Minutes 47 Seconds West continuing with the said line a distance of 244.32 feet to an iron rod at the Northwest Corner of Lot 7 in Block C and the Southwest Corner of Lot 1 in Block Al THENCE South 89 Degrees 30 Minutes 14 Seconds East with the common line between Block C and Block A a distance of 528.79 feet to an iron rod at the 4 Southeast Corner of Block A in the West right-of-way of Glenneary Way; a 'THENCE North 00 Degrees 01 Minutes 40 Seconds East with the West right-of- way of Glenngary Way a distance of 20.59 fe^t to an iron rod at the beginn- inK of a curve to the right having a radius of 280.00 feet= THENCE Northerly continuing with the West right-of-way of'Glenngary Way and { along the said curve, an arc length of 123.45 feet ( chord bearing North 12 Degrees 48 Minutes 26 Seconds East a distance of 122.45 feet) to the PLACE OF BEGINNING and enclosing 9.546 acres of land. of ,mot; I -j tai ! 3T f r j Z-1848 yy 5 I i (Ii` EBHIBIT "B" DETAILLD PLAN FJR MCDONNELL HIGHLANDS, PHASE I, CONSISTING OFs I 1. Detailed Site Plan and Preliminary Replat - (1 page), and ~2. General Notes - (1 page)! K 4.? III~~~~~~ 1 1 F , f ~ R t 2-•1846 I 1'• • , y'l l a 1[.. r,l /,,Ol.mr. IlY Cr• - ff ll I I 1 OYAYI DATA , 0 1.0 C°04°t6i PS 1 L ur0 R [010110 1. Uw1. 1111.0 sw.l ww uwuf ~5lJuajl.r..11y ` t*1{ 1T 17000' R Il•10•ri'[ 1093) t Tu. wr 1, .wt I.r,llwLLy 1. 14 {r,w t.m14~1 . IY 11000' II Ii IJI IM..fY.rr..w.,,•y•.nN NIl.t wn xwr'l ff-~I'+111~x. 'Y + OYT 11000 1m4Y Y-Iq. vltllYCI' •1 0 It'll . w1d,41.y1xm lry Mlra la tl-1 r. 1, all 4011" awl. r W 11...n wlwlr,. .j t ' , w-r 1 owl," . Irytt4 Iwwwlr ww .1101r Mfly ru rrYu I. {1 I 1 1 y ~r 7GY1D: A. wllru J 110 1.4.14! I« W 71 wJIu i, All M1 [ tl~?~0•R •Y • / Mfy rMfln~al,IW I,Ir11ut IIr 1. r W HtlIK. 'n EE1 1•A• •1 C tr l A. mlu 411tl1 y4l~ "it 4.n YwIY4 l4 WWII x weFY. . ' t, x 1 0.! . rcl MYW IM ux 4 w. h.l 4.. 41 .II y aA•1 Y,. i1{ y l \ {x - I, N I~r1.Y'1 IM MI. m14ty IN M,.n IM 'Ix4611 AP6'. 1N......„ MI ~1.St «m.IYtlly l,l xluJr m. 8 .N 0 f 1 \ .~~1•r. F~ P w. ►u.wwl., ux. .m M.rc.wwx •n +-..w1n Itr1 1. 1= • 3j'. , OS 11. 4 •M .jrcr. at, +41u, at .V.,r Ia1N r«. m wxr rt. _ 1 b L C R © 3'* t s f:. 4 1. r.M.l I. It«. v4 I xn1 .r.Y r..u wrxN~ .,.y nI +•.:4 r•'_ ~ O r ~ 4r6w 4. d ln. 1, 11«I IR r lgdrr 4 bllmr. LY. • / + y a ` / I1. 1. b14 Wly L IMk,el Y.r 1/1wx: Ir 7 ` J. nn} r wxur. 01 1710/t 2 O~RO' (,p0~ 4. tll awwx r. n4w1. rr.r W/w 1 1 • 100' •1 Ym E ~ \ ~ • ~ I1. br M11f< lyr.aeal. M IrI4o. Lr .rwr,atlN SI M41w,r a •p i • \ r OK. \ x 41y Jwrl I t111 W 4 ,rjlw. r .M 11 411 (YY, OF i • y P 077 r•• 16. w t.wwgf+l y MyMI. Y f ♦ \ja/J •t \ Ij. 4 .Ipl r.,yr If awl.w.l \1101.' 41r .4Mj In p.1..Y. 0 f 1 0 7 1 1 A \ tI. Illrl t. w w5w, / 1' n4 A` I%.U, W I..l r4 N IC.rr7• 11. 1.11.14.5 In. r r~,Ny r r,•4NIr r.:. r 14 1.r1 ti, w- f./l W Awl It t, 14x 11 lw hw•A. 2010110), A rti b l D R 1}~ 10. Lf. In111. 4.rllw. ' at11 AC• C Y 11.1 IN / F i n, 111 byfYNd b'wf r. r aR• bNWM$ b'wT 00 zomw PLWl~ acRU . hK " 1'wT ►wLae n ►r.. nln I 1 MCDONtJELL i in WhILAW 1 iN MOIIIIEAU =WOUM1; AS. 41 9,641 Ao, N TW OfTY1,• C". ' / 601.71 rt Of ml 4 0111I OWNER 1 _y~~ I 1b McDonnell construction a Dlvi" 'r i F ~ f' It i U F? F f) V If f, N N 1; Ili ~ Jr' P0SOX E0239 DEN1Tt1W fAllp~-OQ! DATE, 10-20-11N v1 2p1OD, 10 Y1004•IlL IYt/11101t111N 12.1746) Ir. r7 IrJS •ri{ p.". t' ca~T:~!o clv+t~f>~6glfsEe ,IRrDR,nRAa tlrn'oil-mR e~cCC1VV OCT 2 I C6 9 McDonnell Highlands, Phase One - GENERAL NOTES: i 1. It is the intent of the Owner (McDonnell Construction and Development) to rezone the 9.546 acres shaded on this exhibit from 2-F to SF-7. 'j 2. This area is zoned low-intensity in the Denton Development Guide. 1 3. The 9.546 acres shown is part of the 39.5 acre overall PD-98 (Ordinance 86-16), 4.1 . All of the 9.546 acres are proposed for SF-7 use. 5.' All streets indicated on the plan are existing. h' 6. 'Applying a traffic generation rate of 10 per dwelling unit results in an estimate of 390 trips/day for the 39 total lots. ' 7.'. The placement of each house on a lot will be controlled by the current zoning ordinance, and a typical plan is shown on the exhibit, i 8. The maximum building height will be two stories; the minimum setbacks are ..shown; minimum lot area is 7,000 sq,ft.; min. lot width. is 67.00'; min. lot depth is 105.00'; and min. setbacks are sho-.r, on the 'Set-Back Detail'. There are 39 lots on 9.546 acres, yielding 4.1 units/acre. 10 . Both existing trees are pecans, and they are shown on Lot 3, Block E. open-space, greenbelts, or other public areas are proposed, "12: It is `proposed to place the 6' solid wood fence screening along the South ' bounderies'of lots 1; Block AdB as required by Ordinance 86-16, 13. Existing zoning is indicated for adjacent properties, 14',M1• Ali utilities are existing, as shown on the plan. 15. The public improvements are complete. Home construction is anticipated to begin about 1 Mar 1987 and be complete on about 30 Sept 1988. 16. No landscaping is proposed. f U : go signs (other than individual builders' sales signs) are proposed. i a7' 18. There is an existing 4 wide sidewalk along the West side of Glengery. 19. Individual lots are remaining as originally shown on the Final Plat, ex coot the center lot 1:nes are now remo.ed. 20,. Site grading is complete. s µ r is DATE: 01/06/87 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council 1 FROM: Lloyd Harrell, City Manager SUBJECT; PRELIMINARY PLAT OF THE MARTIN LUTHER KING, JR. ADDITION, LOT 1, BLOCK A PRELIMINARY AND FINAL REPLATS OF THE LONE STAR TOWNHCME ADDITION, LOT 1R, BLOCK I PRELIMINARY REPLAT OF THE PONDER ADDITION _ FINAL REPLAT OF THE MCDONNELL HIGHLANDS ADDITION, PHASE 19 { BLOCKS Co D AND E. f RECOMMENDATION: x The Planning and Zoning Commission recommends approval of the above. SUMVARY: Plans for the items in the order as it appears above are: the first x^ : of three future neighborhood centers to be built between Morse, Newton, and Wilson Streets; multi-family or townhome development or redevelopment between Eagle Drive, Bernard and 100F Streets (the Planning and Zoning Commission approved with condition that perim- i eter street paving requirements be postponed through the use of a performance bond or escrow arrangement); proposed medical office and redevelopment of existing house and property currently zoned multi- family (MF-1) located at the southeast corner of Scripture and fry <r Streets (the City Council can act on the replat before the rezoning petition is considered); proposed SF-7 land use. ohs. a PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Prospective developers, owners, adjacent property owners F ,.T 'ISCAL_IMPACT: Undetermined ;0; u1 1y ;ubmytyed: ti f1 • Prepared by: rre ir:0 ~0~0.~ City Manager av Senior Planner Appr e, oinkeyer 6f Planning and Development 1741s l yy rrye ; CITY COUNCIL AGENDA i RACK-UP SUMMARY SHEET ii a> MEETING DATE: January 6, 1987 j ' SUBJECT: Approval of the preliminary plat of the Martin e. { Luther King, Jr. Addition, Lot 1, Block A SUMMARY, This is the site of one of three future neigh- borhood recreation centers approved in the December 13, 1986 City of Denton Bond Election. The Fe. ~ s and ipropertStreetocated between Morse, Newton, 3 lson j The property is 5.423 acres in size and is zoned single family (SP-7). The tract is not "ne within the 100 year floodplain. Perimeter g. j street paving improvements to Morse Street will E I be made; this is the last unimproved section of Morse Street. Adequate water and wastewater utilities, telephone, gas and electric service is in place. The Development Review Committee anticipates approval of the final plat by January 14, 1987, Y~ ACTION REQUIRED: Approval of the preliminary plat. RECOMMENDATION: The Planning and Zoning commission recommended approval of the preliminary plat of. the Martin Luther King, Jr. Addition by unanimous vote at its meeting of December 17, 1986, ALTERNATIVE: Approval ~y c ATTACHMENT: Reduced plat r Ypz...` i 17206 ,e, a y { , v~,Cr, v ' ~r Y. em IM ~r jw.r .till v s 1 ~~u . hY a ;~'e t MM{IiiQ 1 N 1• i~ 1t"0 a" ^a" LOT BLOCK A era AM t &*NEA, CITY OF DENIM , {I Io .any, w I v 0 *rr NdNITY MAP ►.w.,R. ~ ~S .it. ' ~ ~wrr arrl r~ "w rw~W~' I ;.rats 8lr y~. y• PRSLMARY • P .4f, .0 1 Fur 1, 17, r t i ~ 1~ wlvvll ~4A►rE 71A y.y C : NIt111Y ~ vst~r ,Jf~ /H"Yan'k' Y lN~µ hi' .42 Ps w rMw r t,n. ~t {Mn +r41 erwl4.rw+04 IY~Iy LT 1A M~r1i <••11-II 'y': t. b.0 Mlio LY 'r/ hg term y, REVIE~~T"N RCCEIVEDDEC0 C 138u t i f I AA- i 1 C~ P s CITY COUNCIL AGENDA BACK-Up SUN4+LARY SHEET MEETING DATE: January 6, 1987 SUBJECT: Approval of the preliminary and final replats of 1 the Lone Star Townhome Addition, Lot 1R, Block 1 SUMKARY; This 0,752 acre mul'ci-family (MF-1) parcel is located adjacent and north of Eagle Drive, east of Bernard Street and crest of IOOF. Two town- house or multi-family structures are in place j and an existing lot line is being removed to E allow for development of additional units and creation of a one lot replat. i Perimeter street paving is required along the ' IOOF Street frontage of both lots. The owner requested a waiver of the perimeter street paving requirement when the teplats were con- sidered by the Planning and Zoning commission on December 17, 1986. The Development Review Committee recommended that improvements be required because IOOF Street will provide and 4 does provide main access to this development and 1 is currently improved in other sections. The Planning and Zoning Commission dents{ the te- quest for a waiver of perimeter etteaL paving a requirements; however, the replats were recom- mended for approval with the condition that street improvements be postponed through the use of a performance bond or escrow arrangement. The Subdivision and Land Development Regulations stipulate that the Planning and Zoning Commission has the discretion to approve postponement of " perimater street paving improvements. No access is permitted or will be permitted off Eagle Drive and drainage is to be directed toward IOOF f Street. Adequate water for domestic and fire protection Y purposes is available from an existing 18" line , 31' in Eagle Drive. Sewer service is available from either a 60 line in tOOF or ON line in Eagle Drive, but this project will not be allowed to l connect to the sewer system until the relief fr line is constructed and completed along Eagle , Drive sometime arouid Aptil, 1987. Adequate telephone, gas, and electric service is in place. i , ,er ib .icrv ~.5 .M1"SL'. ]?1+.> r .,ia-i m ~ ! a % 41 i Oar' _ a ~A_ I 11 j i Y E.ity Council Back-up January 6. 1987 :,age 2 1 ACTION REQUIRED: Approval of preliminaryp and final replats with the condition that perimeter street paving improvements be postponed through the use of a performance bond or escrow arrangement. RECO14SENDATION: The Planning and Zoning commission recommends i approval of the preliminary and final roplats with the condition that perimeter street paving r requirements postponed through the use of a performance bond or escrow arrangement. 4 ALTERNATIVES: Approval of preliminary and final replats with the condition } ATTACHMENT. Reduced plats } p Y Z Y j 1721e t " ...o.,.... . . .:'...`..:wY...,_d3d'~id1e3 ry,d,tw"~'b d. • - ' 'A t" a ~M ' i Y I • 7 { 040 i M-f r► a. ► Ipth n r 3 10.. B N. *7 0.11. TYC 7il• /1 1{~3" ca. IF ~1 fr' .1, a. {fLL1'bi N r W , K. bra h.,~1ri.. ~ a 1 ' t si fll...OLOCK..1.. 1. i M E _ *i "we- WAIdMU" r. O.M7j CCRO!M ~I -dttvE ti, a.e.a. _823 w 16, V b6iUL MAK Mad „i OWNER a" MIN US 1. CAM" ` oortai taw tms t fr»vr rrm» @a Lot Wawa wwm Ur r r. Y» NOWT M Ur1100 e i 1lT7alaXa lorrt'sT l W*M AMITION t orittoN Iw Ltr GORO i.',, ~ au. a►ar. NETMPM com" oN - tsaa boat tl" Wm oll M tasaN fYal ' oa7rt _$L' 0CA10 Oatt : J00 to.. ' . s.~. wfur, f..n wn~n CrfpdQ.~C. f' • 00' fy 7WY.00 00-014.. MN" ~ 1 1. STAII Of 111111 AS 0931-CATION IOrNTT Or ObrtON Vol IRS AS, Drs 1u 1. 11 wAV N 10.0 at had W°M IN M eat/ R RR ca Mnh. Arreea M+.Mr NL D.er Cn.b, Sun u4 Nw Mial.M.. If MW Y 0,11 b.,. am voM r VN.r IIIL Ni- M A.1 hM14I Ill ead oh. Wq LAI L IWI t at the Want YamaMy Add,IM eM.a. droved he C.rw r time MI d M Wirt RNWa, of D.ur C 011. Lan ou WPM Wei rally u.HI W u Imeot ' YI 4.M11N IM w.MM wM or M Nw k.4 ii N mad M.M . a two w IN r4 op. W IM Ys1 M Meaw wie.IN Saw, Ad old Lee 1, 1.4 1 IM LN+wrY of me WI rllMal.nl to d at L0.0,1, IW.rI oN Wit WIN r.JMyf•. , Ike d saw. Ratio, ' TMMI /Nt .1.11 A. wI1 Dn at NId Lot I. AN u1 WII J10"t•w/ M it Nld talk a 1 diw.r of JI&M fM r r N1 ,r NI re, We wY.W ww a 1M WnM 4eu1W art rY r4 IY a" M4114 M.WA Yetw1 W. 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M p 11.64 l°eiJN I'M Wild reap r i LOT RR E~ a M4IY eaIMArWMtYM A1MI FNtWYW.y IWMrMrIW/r.A LD016.4 ' ~y11 $ 0.732 Acres ' TMw MN M form N alleges JI 4emb Vast awl M a,11MA of old Lila, sL 6.4 lea area Sm"Ar .4, tied of Ns LOOJ. Mr Wt a IIr1AW AN 2901 IM N 1 two feu W IN ea 014 Wilt I ..11 ear Y.. /I. W ad" M M.Wd William, Wee, at W opal. imm am W .p.W1 assist f~~^ PO WM t.ld Lea . M rliT 1M.M' L S Theme, Seem anal M Ya UN d YII LAI I. 4N IM WIN! arllt•eaT Du ad old LO.OY. 11"M 1 j dhl.M ar um Iw Wi 16, %W At Llowiad r W early l}N Ow .1 had. tA*l OLIVE NOW, TNIRIIORL 91401' ALL MIN IV TMOR FORUIM M' L.O.11.feV -62,6 TIIAT, 1 N M W Y Walot ld d Renewal al AN4ft Adrl Wi Wf ld Coll, ~a1 at w M DeuAt 0. ReAWrit Time W l 0 el, e ra w Ali we pow M0 y ~IYL~P MN WoM.MM M Iriro W Ntull W YYNWV to M Wir P.Wi W "am.". up [Tf W ITA71of 72111 ' Yfw ti rid iMN.IWAI "in J.rM to M trot It Tout N MI all 1 F4 wad w D.M Wait leaaa Y M Y Y M ea.r Mae" Wild D - amiW r W. fleply Ina'aNM W * M~P.mMypdi •YYL dam No Wr w Yr to M Wow Am! Wa/eemoo Mdm WPelead a..em.,at Named Wrd41,0114MIIMWrrd INL, fd'. IV 2 12 V Drl S AJLL1Je♦V■ • ' RNOW ALL Y41 2T TMOS M"b"S OWNER rW L Ratified N..Pw.L fla1L1er11 P-M IoMw- M ideally "'dry MI OLINLr W dNNtalw .M 1.0 d taw as Meal led oup.u WM MY M 11 peaty we MI WIN uo.A W.,171MM "M I" Pr,m .edNp"'IWO Y o. W.14 M Ma. III f:ARROI& M NInMN M ILL tl4fltrl llllAt 7p/1 A 1 IHJIN AO.OVO IAIt110R NNW" Wr. M,' Y71 MIRI1P1t111 lNVI.O R!yJt IOM oammoormadenwe Team Aajkwad MAN LONE STAR TONNHOME ADDITION LOCATION MAP Wmya, awl Mo LOT RN !LOCK S 1.711 ANN rv AN, rJ IL Map Jyli I IL FDAt wow plivol ovacK. T111 711, time I a.G. DMIIL BALL DATL ' .IW N0. - ,ell F. ",a MIIId rl Licdro ..Der • SO' RT hO7. [i N-OS1~ : I i a .._.........~:........:.„,IUV1~~J't"t~~~"""...,.. .-.....w......:.......ww.«.............__.~...~......-..+.w..rcuw.ay.w«+•--- 1St I i I tad.. .ti ++3 i i i f CITY COUNCIL AGENDA taafc_up SUI+URARY SHEET E MEETING DATE: January 6, 1987 1 t 1 4 SUBJECT: Preliminary Replat of the Ponder Addition, Lot 10 SUMMARY; This tract A .416 acres located at the southeast ~ corner of Seripture and Fry Streets. This tract ` is more fully described as Lot 30 and sn the E. Puchalski Survey, Abstract 996, Denton ; Texas. The property is zoned multi-family-3. but a zoning change to planned development (PD) has been proposed. A medical office is anticipated y it the zoning is approved. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste are available. 3 The plat conforms to the minimum requirements j of the Denton Subdivision and Land Development ~t Regulbtions. u The purpose of the replat is to create two lots appcoxiaately .209 acres in size.' T1,* MP-1 I zoning requires a minimum 60' x 100' lot. While rr 9";+ these lots have only 50' widths, the overall icea requirement is not. ACTION REQUIRED: Approval of the preliminary replat RECOMMIENDATION: The Planning and Zoning Coamission recommends ' E approval. + ATTACHMENT, Reduced plat i 5,,,' e v t i 1742s NHS ..a:,r.... A .w:: •s•- x . 11 Z 'R try 1. yy A q1 F 41 A` , ,J f~~ fit' _ -•'al ~ Ulu - PIP. I 4 I ! i 'n •aK •R 'rsrnsa N Y~GNIf{ 1'Id'r Igo 2,61 Y 14 jaVitx.. 1. y 11 ,uu& F Ntarur y y i ttM.rO i O f ~ 6t r , ? Miff k i 1 e>. • 6 wwUO IYWIrIpt~> t~~Ma~K~ sot ♦ 4 N 14 ~ r 1eagW~' Aft*tAmM orl laCp.ro r tw at'H~r•l / toll.... 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I 4f ~ f ` CITY COUNCIL AGENDA SACK-UP SUMMARY SHEET MEETING DATE: January 6, 1907 SUBJECT: Final replat o'_' the McDonnell Highlands Y' Addition, Phase I, Blocks C, D. and E t 1 r SUIMRY: Th6 purpose of this replat is to create separate lots and eliminate interior lot lines that were established for duplex land use. A proposed amendment to the planned development changing ' duplex lots to single family detached lots is being considered on the same agenda. r, 'Y ACTION REQUIRED: Approve or deny the final replat. Iy,a '`i " RECOWUNDATION: The Planning and Zoning Commission recommends « approval. ATTACHMNT: Reduced plats ; qtr ~ d y3 ~ p 1k ' - k• n, , 1 t y "ri4~ li~! v ! b"fit A r v1 d s J , "Y 1T4)a I 14 i 1 y,lR ~vM SMMIIr+M1elNSm~un w. w ✓"•r Y I WA\4!'i„+^M..FIIII'.TI~MIIIiIM,V®IA11~I"""' A'!~+ ` 4 YTS 4 I ' r , ~ k','9 I' r , e~ 0 , I~ ti 1, x I<J • Sy E - 1 ~ ••MYN L 1 MI,yN• W M•f N 11•IMY l 1^~ 1 M 1 J rll• rl.A l•1+1~~ w1 r I•I.N• N N1.1... 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N Nql lyr I a } (yn~ r-11*1 , ID t IIItN Y1 IMYl I, A N0~' {.1 IJ L1 1' 1 T'tl` .11.11 ,111•. nNh N I It. .•'I r+Nry It F+1. , rtf _E.r ewly f, L 0 1tl ta'11• II fall ~1' /1 ' :n r f ':Ir 'c.. .t._~~» ♦ / j~',~ R[r AT 00 100(s 0 f D 1 R 0 McbONNELL HIOHLAN0 s^ f'IJfUt1F, iJl'VE+.rfhNF.'Ni• PHASE ONE p/ MORREAU FORREST SUR. AF)1 41 ' r "V 00?"40 if/ [IIttPrPltn 1`P wt~ CITY d (OUNTY Of OENTONITEM Wl IYq /f 11 Mr n' Ial Nal{11 A+ g 41 1 I N K, f R am ni uuu N.. t2C IV t fF f~~~ •,,r:. t [oL[tl►~ a R1[eellT[ nF 1061f / I.1 < ' v. it . I ~ J , DATE: 12-22-86 CITY COUNCIL REPORT FORMAT i TO: Mayor and Members of the City Council PROM: Lloyd Harrell. City Manager ~ i SUBJECT: ADDENDUM TO AMS CONTRACT i 1 ~ i i RECOMMENDATION: r I recommend the approval of an addendum to the AMS contract that would provide the City of Denton with Software packages to Automate Purchasing, Inventory, Job Costing and Coat Allocation. 1a, ~ SWAM The recommended software packages are sub-systems to the currently implemented Financial System known as "LFGS" from American Management Systems. ' ' S' ~CKCROtfIfDs These sub-systems complete the integrated Financial Systems and provide a n, means for Automating. The major functions 6f Purchasing, Inventory control I iL a f Job Coating and Cost Allocation. iDRPARTMEYT$ 08 GROUPS AFFECTED: These Software packages will effect the Purchasing, Division, the Accounting Division, b'inance Department and Data Processing Department. FIECAL IMPACT: ;90,090 Res ally u eds C Llo Karreil ° Prfpsr~6 0y: City !tanager i Gar A. Coilina Director of Data Processing rov~►d W Betty He an Assistant City manager 1, o a "wr^. sate' ?.a/Ii2®r! Sc' .F ' I ~~P" r kn y s rF ' rt' k G t American Management Systems, Inc. ,r December 8, 1986 John L. Shaw Senior PrindFai I Mr. Gzr; Collins } 1 City of Dentcn 3248 Cast McKinney Street Ceatcn, TX 76'201 r Dear Garyt As a follow-up to our meeting yesterday, AMS could be willing to further reduce our prices depending on how many subsystems the City purchases and when they are acquired. The matrix below shows current pr1:a, discounted price, quote to the City through December 31, 1986 and'-quote after January 1, 1987. Q~U~OyT~E~ Sa YSIEMI Sl LIST PRICE D1SCOl US L15l.JrJJ- 41 1/L.~iZLai+ 4n .I ! Extended Purchasing $87,500 s67,SO 560,000 575,000 and Inventory Cost Allocation ud $60,000 545,00(' S3Q,000 $50,000 ` Job Costin Cast Allocation 0 $30,000 $22,503 S2G,000 $27,500 Job Costing 'ihe above discounted prices are exclusive of support days. The City s'` can purchase days at the standard rate of $600 per da as needed for training and implementation'assistance. Finally, with regard to ,raintloance, MS would include three years of maintenance if th9 City acquires at least three subsystems and the purchase is r:onsumi~ated before ' December 31, 1936. 1 have enclosed a draft of a license agreement addendum for your legal review. Should you have any questions regarding this naterial, please { contact me at your convenience. Sincerely, n t. Shaw Senior principal /kjf ~ti r ~`i dnclasure ~ Y 1 r ' 1777 North Kent Street Arlington, Virginia 22104' (703) 841.6000 Telex 646M lAnswerback AMSiNC Chicago Uen~er Houston New York t °.n Francisco t ~ > .wt..~.,,... . w , w ~ xR,, M ray w'ah14~'t>~~~'tl+x ' L' YM$iti'arh'rifitwGp.&kaw~~t.rn... "N~4kV.~.,I7.?.1P}6'G W~7 ,~9{ ,,'i. Th AMERICAN MANAGEMENT SYSTEMS, INC Amendment No. (t)E to t Proprietarv Software Term License and Maintenance Agreement I i f; This VVIENDMENT NO. 1 is entered Into by and between AMERICA,V MANAGEMSNT SYSTEMS, W AM whose rind al office is Iocxled atl777 North Kent Street, Arlington, Virginia 22209.and t ~f#v of 0 nton pTexas at 1'5 Ez3: McKinney Street, Denton, a irtunieinattty Nhoseprincipal otficeislocated on Tx 76201 WTTNESSETH: WHEREAS, on - May 11. 1081 AMS and Licensee executed a proprietary Software TMUri+ Ucense and Maintenance Agreement (the "Licene Agreement") for LGfS PLUS ;and WHEREAS, AMS and Licensee desire to amend the License Agreement in certain respects as set forth herein I ` NOW, THEREFORE, Inconsideration of the foregoing, and for other good and valuable consideration, receipt i•, of which is hereby acknowledged, the parties hereto agree as fo0ows: c 1. Governing Document. The License ABmeat is Incorporated all other pmts and t nditiorts of the Licnse Agreement hall remain unchanged nd In full Erne and effect a di lie herebv ratiA!d and reaffirmed by the parties hereto. in the event of any conflict or inconsistency between the provisions set forth in the Amenwrient and the License Agreement, this Amendment sharl Fo'vern and control. 2. Additieeal Software Components. AMS hereby gram to Licensee, and Licensee hereby accepts, a nonexclusive and nantransfe-able Gcen" to use the computer software components described in Exhibit A (the "A.ddidonal Software Components'). This x• j license shall terminate on Lhe date provia• ! the License AgreetnenP for the termination of the hcwr a of the packaged System. d. Maintenance Services, AMS shall provide the maintenance services for the Additional Software Components descibed In ra mph 2 of the Ucense Ag»ement for a period of 36 moths following delivery to Uceri of the dd Donal } . . , Stifrvare Components without additional chute to Liciii At the end of said :arm, Lltepsee may pumhase said malr:±ena ics services for the Additional 3oftwart Components for a period of _12 rru~r, ',s ' at AMS' then 4,` p.t:vaiung ra!si tar such services, •1. Training end it pport. x ( AMS wW pro0de Licensee with such training, assistance, and support in using the Additional Software Components as is see forthfn Exhibit A, without addidonalcharge to Licensee. Additional training, assistance and support will be provided on a time and materials basis: t S. License trees. r ° As compensation for the license to use the Additional Software Components (including renewals thereor), Licensee shall pay AMS the tierce feet sat forth in Exhibit A. ' 6. Eshlbif. i Exhibit A Attached here r is mad.- a part of this Amendment as J MY included in the teat hereof. IN WrMESS WHEREOF, the parties hareto have executed this Amendment as of December 31 19_$x3., by their respective duly authorised representatives. AMER)CAN MAINAGEMENT SYSTEMS, I.NC. sus LICENSEE ( AMS) L)CLNSOR 9y:. Vane and Titl,: By: John R. b Xa a and ~Tisl~t tuna, sine Pr:sldent u: i y:..A ~ F r'f,Y1; 7F WiJrv. dM1Yi►Y+."a% h I I I I EXHIB IT A TO AMENDMENT NO. i F TO ` AMERICAN MANPkGEMENT S)' S%`v4S, INC.- ` pROPRIETARY SOFTWARE TERly; '.ICENSE AND MAINTENANCE AGREEMENT I, - 1. Alr'S.sia:+ grant to Licensee a Scense to use the following additional compute. software = ampcsv:n'a: Exterc+ed Purchasing Subsystem Job Cost Subsystem Irventory Subsystem I:cst Ailocdtion Subsystem as aFe,~EiM+ in the following n.eruals: / f 1 SF5 Il,ti I s Guide L;FS Doti Entry Guide a .t 1-3 Oper, tions Guide .Of S Erro • Message Guide s nd as a+odif:e I by Enluncements. Fot a license f r, a S1LQQL*r the Initial ikense term and for a licens! renewal to (if two (2) perce,.t: of the for each full renewal term. The terms of payrrelit are as follows +ir,rw, fee foe th ~JeW license term of contra,, vice on execution of amendment. >i 1`01 tin kielIve+: of software. f e'" 3. Agathct with the fonovd:; additional documentation: 1 ' a 4. figv'her with tralntr+g, assistance and support in using the Additi vial Software t_: n+ponentr as follows: k~' 11/0 y , F. p ~d to anc , vtialed for identitkadon by, AMEfJCM M+NA(iEME^ T SYSTEMS, IIv'C ` i~~i rrrr~r • ~ ,3 a Licensee U ItI'r~r 1 'F ,e . .v v.~r: R.hn;..F~11'F1E-Y)aq Ji4o <V~' .iK✓'lYaz w••-• r'. ♦ ` tL11~,td~1a' tyl~•Wk7iti,AL',W.G,~ vi63/+tk'''sw""me°J: I d tI f k . a MINUTES CITY OF DENTON E DATA PROCESSING ADVISORY BOARD j DECEMBER 15, 1986 r MEMBERS PRESENT: Jim Kuykendall Dale Maddry Charles Riddens MEMBERS ABSENT: Ron McDade OTHERS PRESENT: Gary Collins John Marshall Tom Shaw x Charles Riddens made a motion that the minutes of the O:tober 19, 1986 be approved as written, Jim Kuykendall second the motion and it passed unanimously, Gary Collins explained, the Software packages being presented had been established as priority items by the Data Processing Steering Committee during the Budget -1 Process and funds had been budgeted in this fiscal year for the acquisitions of $ these packages. Tom Shaw discussed the inadequacies of the current inventor and Purchasing systems. John Marshall Y discu for mo ssed needs of re accurate and timely information than currently available. Dale Maddry n asked what other resources would be needed to implement these packages. Gary Collins explained that an additional staff member had been budgeted to provide the necessary sl,pport in implementation of these packages and that the City was A'r y currently trying to recruit an individual. In addition, Gary Collins explained that 'the request for an additional four megabytes of memory would be necessary to handle the increase processing requirements of these systems as well as correo the current response time problem. Charles Riddens made a motion that the Board recommend the City Council enter into an agreement with American Management Systems for the acquisition of the extended Purchasing and Inventory Systems. Jim Kuykendall second the motion and it passed unanimously. Gary Collins explained that the Job Coating and Coat Allocation Systems would be the final Sub-system of an integrated Financial System and complement the currently installed LGFS Modules as well as the proposed extended Purchasing i and Inventory Sub-systems. In addition, Gary Collins explained that the additional four megabytes of memory was needed to correct the current disk paging problem "e as well as provide the needed resources for the extended Purchasing and Inventory SOteas . Gary Collins suggested that the Board recommend to the City Council the sequisition of the Job Coating and Coat Allocation Sub-systems as well as w" ? the additional memory. The Board concurred with this suggestion. There being no further business the meeting was adjourned. r• 0923L NO. 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. 19HEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip. went, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the ° lowest responsible bids for the materials, equipment, supplies s or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has pprovided in the City Budget for the appropriation of funds to be used for the purchase of Y the materials, equipment, supplies or services approved and ` accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for " materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: E " BID ITEM NUMBr.1 NO. VENDOR AMOUNT 9583 STREET Southern Hills Addition/11&1 . XT_ loAs oc d - 40~ 698,51 144 r _ 17.535.00 9594 -959 -T-- T at tctr c 6,11h," 1 IIIN Inc. SECTION II. That b the acceptance and approval of the above numbered #,>1 items of the submitted bids, the City accepts the offer of the % persons submitting the bids for such items and agrees to yF 'brim f r C 'i1 w•+.Yi'Y. V'1•~ti'.ItTA#.R~.i.J1Vin..+. r1 C j 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 t I Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, r approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the i written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, li specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted, SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. 5 . ~ Jj SECTION Y. a" That this ordinance sisall become effective immediately upon r,y F; its passage and approval. 'rR}il,ry 4 PASSED AND APYkOVED this 6 day of January 1987, r [ t ,r'rs A A E o► MAYOR CITY OF DENTON, TEXAS ATTEST' ii IETARY CITY OF DENTON, TEXAS . y' APPROVED AS TO LEGAL FORM: DEBRA.ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY. ry , PAGE TWO a , .:a~rvra./q,a 4. {vy WMM W:nMf rW rewrwgwwna n.a9 IKwF~vaw,.,w,~wvw.. K-.~'1<.aO.F,~^,~1Y'1F.N,~~1q~`'4''~ "x r } ,ll r T~ t 4 DATE: January 6, 1987 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager ' SUBJFCT: ems 9583 PARTICIPATION oN S7REETS ' s SonaHN IM.T ADM N/#jM i ASSOCTATES „ L. RECOWNDATIOil: We recameM the street t+ portion of this bid be a;proved for the participation with Southern Hills Addition/Weir a Associater, in the re- routing oonstruction of Mayhill Road from I-35 to Colorado Blvd at the total i price of WoS98.51 as per the low bid prices submitted by Austin paving Co. and as awarded and oontract with the City. i ~s ' SUMPRRY: This bid is for the C a Associates for the re-rout participation with Southern Hills/Weir North East to Colorado Blvd. We have awarded i the so rh pa Road tiro I-35 Southern Hills. The rids were taken and let last February. yrticipation for SUWOUN0: Iaticn Sheets ~ a? Memo PIO=AMX: Dc`~utT111T5 OR 6ROUP5 AFFECTED: d _ 1 F.ISC~IL IFP.4C1: ` w6 There is no additional iqpact on the General Fund. „ Respect Illy submitted: ,i L/ 4" Llo V. Harrell City Manager I r: Prepared by: f y l t M. Agent ,g Approved: , e v• urffll, C.P.M. Purchasing Agent Y'laFlr~tNS~it+ln'fkti~'0iff00*0 ~Cti~ 1 i. i LLLLLLL i i t x n~~rurr~~ 1 r i ~ r5._S ~J•j _ityf 07 Tc:.YA.9 PURCHAS'fr3 D!0S;QN t 501.8 TEA 'AS STPEET r DENTON. TEXAS 76201 7~ r MEMORANDUM DATE: Deomber 16, 1986 y TO: jww aAw4t vm Aym FROM: MW J. NWIML, C.B.1L, PtPCHRS3M AGM SUBJECT: PA 'UN WM WMR a ASSOCIAMIS ON 1g11!HnL PM s' @ 1 t xf_ 1 1. Bid i 9583 2. P.U. f 77008 3. Account f 100420-0031-910 4. Approved by Council S. Cost of City Participation as per Bid A. City of EWVban Concrete HwAill Road - ; 37,882.37 B. City of DWAW Asphalt ftyhill Hoed - 2.816.14 . =,,L PARPtC1411 " - i 40o698.51 x4 r is L J ° dp lT, r A. IA 8171666.8311_ 01fW METP,O 267.0042 „ r t J~ i . '....w..n.gkaVWfdE~,ViA 1W'.r:Nw+1~•r:. . w`N.Ya'i{'Cwia'fry{I~HrAskF'~:sl!'14EW+'~wu YF. v i I . t. n •,9 r i I •o i CITY of DENTON 1215 F. McKinney / Denton, Taxes 76201 1 MEMORANDUM ~r J DATE December 3, 1986 C .J F " T0: John Marshall, Purchasing Agent FROM: F. David Ayers, Engineering Tech/Plan Review SUBJECT: City Participation on Mayhill road of Southern Hills 4uAddition A J' i Wier and Associates sent us an estimate on December 1, 1987 for City participation on Mayhill Road. Their cost breakdowns were dollar per foot instead of dollars per square yard. I have talked to Gino Bernardez of Aier and Associates and confirmed I* r my numbers with them, 1 hope that my format will expedite this processr This participation has not been approved by Council. iFy_> ' Please schedule for Council approval so upon completion and acceptance by the City of Denton, payment can be processed, 4 Concrete Portion of Mayhill Road y, r i west Side: r''a 9+SO to 15+60 610 ' 2+00 to 9+SO 725 ' 1 335 (81 ~ 1,186.67 s.y, ; a Bash. Side: ~ 1 - rt N' 9+50 to 15+60 ■ 610 ' 2+00 to 9+SO ■ 77S Y Ayk 'q 1y38S B' 1,231.11 5 1 TOTAL SQDARE YARDS 2,417.78 5.y. '1 21 rya 1 1 `.t ,r ""•«.1wn.Mr: .51r.~:Mr1,A-+ari ...•.1:.ww,av,~a.^t3:790 i 1•yl Y d~~ 1, IaC -.4 r . I I page 2 of 2 pages . 1. 7" Concrete Pavement: ~ $29,206.78 2140.78 S.Y. I $12.081sy , • iiii r~ 2. 6" Monolithic Curb: 39400.00 • 21720 @ $1 25/lf 61, Lime Stabilixcd Subgrade: 29490.31 2,417.78 sty. @ x1.03/sY ti4N'r} 4. Lim Slurry: .28 , f 2 4,~ 7.7361 sy~ 43152 tons @x64.00/ton 2,78 2000 ;R. TOTAL CONCRETE yOkTION OF MAYHILL x319882.37 ?P Asphalt„Transition from Mayhill to I35 Service Road 62 (25 172.22 sy t 4, 4 f` o r y.. 1. 6" Asphalt Pavement; $1,804.86 172.22 sy 6 x10.48/sy ■ 2. 2,, Asphalt Pavement: ii;'J 172.22 sy ! x3.69/sy 035.49 3.`b" Live stabilized Subgrade: 177.39 4' } 172.22 sy i $1.03/sy 4'. Lime Slurry: 3,10 tons @$64.OJ/ton 198.40 ~ 172.22~~f361 s i TOTAL ASPHALT TKANSIIION x2,816.14 w r ~ $379882.37 CONCRETE PORTION OF MAYHILL ROAD ■ ASPHALT TRANSITION FROM MAYHILL TO I3S SERV Ri) * 1,816-14 TOTAL CITY PARTICIPATION $40,698 Si i If you h.6ve my further questions, please call me at 566-8358. ' Sinc ely, p '49 i 1 rvid A` rs Engineer Tech/Plan Review s 0431E <,j ...r.,~i.~.'„'.X.+lra'.+.i~-:riAtV~'v i.1P•5~.~~uJIN~?T'. 1 t w.c nraw'wl.wW1F'i(•Jo.CJ+•r •n r--0...,•,•*..•-:' t. ,F.' r, i IMAM" N31R i A380CIATEB BID MWATION FORT 9MZr 1MPRf'NEMEMS TO SERVE 90MEM Rt11IS MASS I -'LION, TEAR Pepe 11 3909 "m IRMY WLAUS-04) pw wom, Tom 76110 BIDS RECEIVED remAn 11, 1986 429-9001 801 CEIOJr CTI TL Pte- .R. LACY .R. ASPHALT COMPANY OOMPARY INC. COFIMRA rIM OMAN OD11SIMClION, INC !q` D"MIPTION Of hift lQ 1A nTr UNIT UNIT CM _ TOTAL UNIT COST Turn UNIT 0087' TOTAL ~ UMIT COST TOTAL UMIT COST TOM . 8telltw J 1`r inolul. ocaeii 56 311 S.Y. F.03 M,269.16 1.01 57,137-72 0.96 $4,309.13. 1.45 S9,400.60 1.24 M7.6'190'. .Yo? l i il[ra![on of a cede er 1 018 Ton 6S 152.00 6?.40 68 206.00 70.00 71 250.00 73.00 76 )SOHO 7S.OD lets !n .OD ODW. 51 435 S.Y. 1208 621 )34.80 12.21 628 021,35 13.72 705.688.20 13.30 694 372.50 13.30 To A (Fine ili Cauca 5•rthlc 1 413 B.Y. J!a8 12 ))5.49 10.47 1S 500.61 9.63 13 60?.19 12.15 17 430.S12.65 8tleol use 2• hltk 1,413 S.Y. 3. 9 S 213.97 4.42 6 245.46 3.85 S 440.05 4.95 6994.33 5.10 thick rpm concrete 6. wish Pop 1,202 S.Y. 20.00 24 040.00 19.76 23,731.52 22.00 26 444.00 21.00 25 242.00 16.10 20.103 - 0'wote Curb, 1 in Place for tht sum 33j490 L.f. 1,25 41 862.50 1,00 3314".00 1.00 33 490.00 0.65 28,4¢6.50 1 00 3MH0. Go' Polida COMA rb 1 in A4prAltlCpl&0* r 610 L. F. 4.22 2.152.201 4.16 2 U M 3.50 1715.00 3.00 1 530.00 3.75 f 912 concrete tree r per 1. loins vw 21 46 L.P. 6.00 206.00 7.00 336.00 10.00 480.00 10.00 480.00 4.60 230 Fine .groat MGM Or 10 i ++qq6u IA Dime L.B, 5 000.00 5,000.00 5,700.00 5,700.00 _14,000.00 14,000-00 10,000-00 10,000. 0 10 000.00 111000A concte so inch luFi4° re in 1 In licrrte 37 B.Y. ]5.00 1295.00 32.00 11184.00 28.59 1.054.50 32.00 11184.00 38150 a1 414. Camoeto icade standard rr 166 L.P. 25.00 4t150.00 11.00 30466.00 21.00 3,406.00 23.00 31118.00 22.00 ' 3 692. m rp mews e 13. in 1e01 24 Ea, 250.00 6,000.00 250.00 4,000.00 223.00 51400.00 W'00 4 100.00 300.00 7100 m W valves complete 1/. 35 !e, 130.00 S 250.00 150.00 s j250,00 200.00 7,000.00 175.00 6.123.00 100.00 3 500 1 , 1110 0 r1-C-6 a 65 Iwo 18.00 '11530.00 16.00 19360.00 15.75 1,338,75 16.50 1.40230 23.5 2,019 i r nq, 16. Lion and cowtr, pamm-W L.9, 150700.00 15,70d.D0 4i 372.00 47,372.m 3 500.00 3500. 3S 000.00 )S1000.00 1614 00.00 16,400.0 t r 4 ly . it . t~ mot i ASSOCIATES BIO TAwLATION "s smmT IMPPOYSam TO swE souTtI AN BILLS PW6S I - DERMA TEW Pepe 11 3908 SOUTH FPZMY FWT 1101rit1. mm 76110 BIDS F?7CEIM FEBRUARY 180 1986 MrA485-013 429-9007 1 8 1 D 08 It I PAYIN .H. .R. . T 801111 MARRIOTT CORPANY O]NPANY INC. COMIAACTIM3 OWANY 0018TAL1(.TIONr 1110 No Ot+NCP1FT10M OF ITs" QUAMITY !NIT UNIT COST TOTAL _ UNIT COST TOTAL UNIT COST TOTAL_ UNIT COST 70TAL UNIT COW TOTAL thick Lin Stablilia r*M incu S6,572 B.T. 1.0: S8 269.16 1.01 51 137.72 0.96 51 309.12 1.05 59 400.60 1.24 70 M. J 1 eubi r 2. a ~ilitation of s redo tor 1 018 Ton 61.00 651S2.00 67.00 68 206.00 70.00 71 260.00 75.00 76 350.00 79.00 76 350. ,'~G, r 31 twepint r ' eta in im* ~ 51,435 B.Y. 12.06 621334.80 12.21 628,021.3s 13.72 705 688.20 13.50 696 372.50 1330 699 316. r; 40c`~ welift-th COW" 50thi 1 113 8.1. i. 8 12 33S.t9 10.97 13,500.61 9.63 13 607.19 12.35 17 450.55 12.65 17 174.4 : T. D. ft. 0ne r, 51 Burlaco r 20 thick 1 113 B.Y. 3.69 5,213.07 4.42 6,245.46 3.B5 5,440.05 4.95 6 991.35 5.40 7,630. thick 4 0, re 6. im, 1,202 B.Y. 20.00 24,040.00 19476 23 751,52 22.00 26 141.00 21.00 25 242.00 16.80 20 193.6 6'. F40011MIC MUM o 7 cawl4ta in olam for thersue 33,490 L.t. 1.25 41 862.50 1.00 33 490.00 1.00 33 490.00 0.65 28 466.50 1.00 33 190. . 6- Ral" Nth omido in o r 510 LJ. 4 22 21152.201 4.16 2,121.60 3.50 1 785.00 3.00 1,530.00 J t75 1,912.5 1- 5 r re roe t r per 9. lA Mad 21 48 L.6 600 288.00 7.00 336.00 10.00 480.00 10.00 480600 4.80 230. wirse 9f fears for c. " 1stA Irv LW)i L.Q. S A000,00 5 ,00.00 5,700.00 5,700.00 14 000.00 14,000.00 10 000.00 10,000.00 18 000.90 18 000 38.50 10424 .5 1 lun! relate We 37 B.Y. 35.00 l j295.00 32.00 11184.00 26.50 MUM 32.00 18184.00 gi" G& U. in 91606 166 L.P. 25.00 41150.00 21.00 3.406.00 21.00 3 486.00 23.00 31018.00 12.00 3.652.04 een ry paver e 13 in lea 24 fa. 250.00 61000.0%) 250.00 6.000.00 225.00 5,400.00 200.0 4 800.00 300.0 7 200. wr Val -0 A, 11b1 35 ft. 150.00 5j".00 150.00 S 250.00 200.00 7,000.00 175.00 6,125,00 100.00 3500. ? 1b. "m 0* 1-" r 8S ft. 18.00 1 530.00 16.00 1 360.00 15.75 1 338.75 16.50 1 102.50 23.65 2 010.2 lbyhill reding, e - 1 flat! ,one1-0. 8e wi L.B. 15 700.00 IS 700.00 47o372.00 47 372.00 3 500.00 3 500.00 35 000.00 35 000.00 16 400.00 16 400. J~tl y: ;C v 1 4, e, r 1 WIN 6 ASSOCIATES BID TABULATION MR: STREET IHPROVHN!'.NP9 TO SISIVE SOUTHERN HIIIS PHASE I - DENPON# TEXAS PWA 12 390! DOM ffdMY POICI' wome TM9 76110 8108 R2CEIVtDs P138RUARY 16, 1966 W%A 165-013 a 1?9-9007 T0D-CR5- AI15T1 PAVING L.H. LACY .R.O, ASIMIALT, 90UMESTERN NMMOTT CON1StJ1CPIliG Olk1PANY 09f13T7tl)CPION, 1rC. OONPANY OONPANY IHC. . i t rNO 069t7lMPTION Or ITIM , MANCITY UNIT UNIT COST TOTAL UNIT OOST TOTAL UNIT OOBT TOTAL UNIT 0097 10TAL UNIT 00811 TOM ODIUINULO _ rk'l 94AENT I!@N01MUNT9 TOTAL 669 573.12 905 162.26 946 202.01 972 616.00 919 S33. BO DAM 110 CALVCAR DAYS 00 CALDIDN OA1!9 105 CALF _ . Dl1Y8 100 CAt.. NMI- 1 "ram incLd ooeu. 56,172 S.Y. 1.03 56 269.16 NO BID NO 910 NO BID NO DID 1.05 59,400.40 1.24 70 149, M rllIsmub C of stftra& 110% Tun 69.00 70g242.00 75.00 76 350.00 75.00 76050. +"r rt rod VA2 '*!hlok~ N 000 S.Y. 2.47 106 660.00 2.60 114 400.00 4,60 123 200. k 3.1 Srit~ ! tti 1 Y.W Q.- no o Ago. A. 10444.` ' rN 6 1 r• thick 44,000 B.Y. 9.70 424,100,00 11,15 490 600.00 12.14 534,160,0 1 ` J ".D.' N isrthkk) 1 413 B.Y, .95 1? 646.35 10.30 14 553.60 14,15 201"J. 0 r 1 T.W lib 1itlcfi 1,41) SA 11 3.29 4 640,71 _ 3.45 41074.05 5.40 7 630 ~ 41 thlCx 7. CMAAi 16 oon0 202 S.Y. 16,40 19,712.80 21.001 23,241.00 19.0 21 M. 33 490 L. F. 4.53 IS1709.70 5.25 175 622.50 5420 114 116. r P gcdut.irl t concrete 510 L.P. 4.22 2 152.20 3.00 1,530.00 3.75 10012, A _ fIK_ for swim in Dim L.S. M00.00 S 000.00 10 000,00 10 000 00 11 000 00 11 .0 aorwf*u fl 11 1.Y. 21.40 655.60 32.00 10104.00 31.50 1 624. row rterrial" 11. fs plan 166 L.P. 25.00 411 0.00 23.00 3 016.00 22.00 3,652. AN fit's -+-..w...--....-.~. . ~.-......«^w,J[WM:Wm4:YtiWA/k-~MRNO~rvm.nw•.,.....~,r.,... ..........-....-r. t` t s, a j r DATE: January 6, 1987 ~ i I TOs Mayor and Members of the City Council I PROMS Lloyd V. Harrell, City Manager St WWT: BIDS 9693 - F41Z.-OFF RUn= '171= WNHEMATUN: We recommend this bid be awarded to Lone Star Peterbilt for the truck chassis and roll-off frame in the canbined amount of $77,535,00. 3 f 8i!*111R1I Thin bid is for the purchase of a new fleet addition roll-off refuse truck. The truck will be operated by the Solid Waste Department and will W utilized to establish a new cannercial route. Our recawendation is based upon an evaluation performed r by staff members fran the Purchasingi. Solid Waste, and Vehicle Maintenance Departments. Taken into consideration were: ooMliance with specifications, delivery schedules, and past experience with similar trucks. ' The lowest bid offered by Bruckner Mack failed to maet all , specifications and has a 130 day delivery schedule. The second bid offered by Bruckner Mack is fora lighter WA truck and is unacceptable due to failure ` to meet specification requirements. a. The bid for Southwest International meets specification but has a 18M10 day delivery schedule. Delivery was pointed out in the specifications as being critical to the evaluation due to loss of projected revenue that will be gen- i erAted ae soon as this truck is placed into service on the bW Ci m:ercial L collection rouge. Lone Star Peterbilt's bid meets the specification and has .w an aoceptable delivery schedule of 40 days from bid opening or sooner. We currently have three (3) Peterbilt trucks in the o=*rcial fleet, one (1) Mack and one (1) International. The rtterbilt has been a superior truck over all considering downtime, parts availability and service. The f: bid of Lone Star Peterbilt is the lowest and most responsible bid offered. B%C1WVJDs Tabulation Sheet PflOfit", wamam Ctt (,~mm JIPlBf7m fl`` Solid Waste Cmearcial Refuse Ooliection and Motor Fool. ' rIAC7►L IWACre This unit will be funded by way of the lease/purchase l agreement approved by Council 12/16/86. Fluids for 1986/87 count 630-024-0802-8508, paw will care from budget so- r y yf 1 A; 7 . ~ a.+1Y,4a IK,~,M1~l'i`Aa'7p Y..., t!1x•6dvc..._. a.> k s i i 1%6/872 i f- pesspectfully nt&nitteds f `k Ll V. Harrell f ,E City manopr c r a:'. r Prepared bye 0 op 00 i~ s< Tvh Shaw, C. P.M. n,r ti Aseiatent Purctsaairsg Agent } ydrZi i ApprlWeds L' J. Marshall! C. , it Purchasing Agent r X11. , 9:J ~q Mr a ~ q +r ' ~I~V$1` yillj~j ~ k j AA's ! y~7 V 1 ' i r..v.. ,w.«.w.a_v...r.w._ rn M.~FfWF n^i"' ~y fd✓Mi!' F~'j I. M~'tA+MM.MM'A/3.P"F:l.+olew• ...nlw I!.•~ "AM' JIY. , q lap . ~ I I I i 1 1 BfD I ! 9693 I BOND I SOUTHWEST I MAHANEY I BRUCKNER 1 LONE 1 BRDCKhER I 6 1 H I I.D.S. I I BID TITLE ROLL DFI` REFUSE TRUCK I EQUIPMENT IINTERNAIIDNALIINTERN41IONALI PACK I STAR I KK IMAHUFACTUFINBI 1 I OPENED 12!23131 2ill P.M. 1 1 1 I 11 1 PETEPBILT 1 12 1 T 1 I ACCO11Yli1 i I I 1 I I I I I 1 . 1 r I f I I 1 I i ! 1.......... -I- ..........I...... ...I.'..........I...........1............1...........!..... ....I............. I I ; QTY I ITEM DESCRIPTION 1 VENDOR I VENDOR I VENDOR 1 VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 ...I ....r..l 't ...........I.............I.............I.............I.............1.............I.............I.............I.............I............I 1. 1 1" STRUCK eld CHASSIS I Na 1 61,348.11 1 NB 1 11,195.11 1 12,911.11 1 61,932.11 1 NI I NB I f 1 ( I I I 1 I I ! 2.I 1 ALL OF FRAME I Ne 1 14,515.11 1 NB I NB I ;i,S1S.le 1 NB 1 161315.ll 1 11,932.11 1 f 1 1 I I 1 i l 3. , I 1 iCONBIN (101 f 05,539.11 1 15,932.11 1 NB 1 I 11,S35.i1 1 1 1 1 I I. 1 l I I I I I I 1 k.1101 11 I 151 DAY 1 101.211 DAY I 1 131 DAY 1 4 DAY 1 11 DAY 1 I I I 1 t i I I I I I I ! 1 6 LJOY 12 1 1 1 1 1 I DAY 1 1 21 DAY I 1 DAY I I t I i I I I I 1 s • I ) l I ( t 1 I I I I I ,'t I I I I t I I 1 i 1 t 1 I I I I I I t 1 f 1 .r....-` ~ s, ~ • • ~ . M..- . _ .._.~,.,.r«r.c+r,w+wihd wrallrw.a!'Jwll.. w.Mw+w.r.n..n.eYgt9w~IrRrw , of I 0 : DATE: January b, 1987 CITY COUNCIL REPOPT TO., Mayor and Members of the City Council ii FROM: Lloyd Y. Harrell, City Manager f SUBJECT: Bid #9694 Cable and Accessories RECQiNDATIONi We recommend item 1 thru 6 be awarded to the lowest bidder r„ Ortybar Electric in the amount of $6,116.60 and that item 7 be awarded to the lowest bidder of Temple, Iho, for a total of $240030.00 ri y'r ;.gyp ,r • .tit ' SUMMAIIYt- This bid is for the purchase of 250 mcm cable along with termination and adapters for that wire. Thin is replacement for warehouse stock and will be used by the Electric Distribution Department. kx 69 NAM _ Tabulation Sheet , DEPARTIiEPS OR GROUPS AFFECTED: PRO" Warehouse Inventory FISCAL, IMPACT: r 1986/87 Budgot Fwds for working captial inventrry c ~ 710-043-0598-9TQ8. Respec ly submitte Lloyd Y. Harrell City Manager 1 4 1 ,c Prepared by., w, ties f Assistant Purchasing Agent Approveds .r 3 ) ~y' I 1 . ! hn Marshall r . r ^ , , 41 ;s .r 11111 9641 I GAAYBAA I TEMPLE I CUMMINS I PAIESIER I NELSON I KNIS I I 818 TITLE 25BMCM CABLE I ACC I ELECTRIC I INC I SUPPLY I SUPPLY 1 ELECTRIC I DAVIS I I OPENED 12123186 201 P.M. I I I I I I I I ACCOUNTO I I I I 1 3 I 1 L ..........L ..........1............. IIlly .I ITEM IESCAIPTION I VENDOR I - VENDOR I VENDOR I VENDOR I VENDOR • I VENDOR t VENDOR :.L-.:..... I....... ..................I......... ...I.............I............I..........-.1............L ...........L..........'.1 1. i 35 ITEMMINATION LIADBREAK I I I I 1 I 1 I 1 IA WHO 1 2.751 2.111 2.961 1 N/ 1 2.831 I T I I I i 1 I I 1 1 2.; 1 35 *ILE ADAPTER 1 9.11 1 9.15 1 9.49 1 11.75 1 I 9.27 1 t I, 1 1 I 1 I I I I 1 3.'' I 13 IC014KCTINI FLUB 1 31.95 1 31.45 1 32.11 f 35.18 1 1 31.97 1 ! 1 I 1 I 1 1.. 1 25 IELIOM 'T' ABINB 1• 49.81 1 49.81 1 $2.41 i 55.85 1 1 51161 1 1 1 T i ! I i I I I 1 I S. 1 35 1148ULAIINB PLUG 1 28.91 1 29.35 1 29.89 1 32.65 1 1 29.13 1 I 1 ! I 1 I I I f l t 6.' T 14 IUN19111SLD ADAPTER 5110 1 2.75 1 2.81 1 2.96 I 1 I 2.13 1 I 1 i I 1 I I I I 1 ! 1 ``e 'S 7, 19,188 01 12519100 UNIBMIELI CABLE 139224.141H 1 2,671.1110 1 3,221.9110 1 1 I 4 1 f ! I I I i 1 1 1 I t 1 I DELIVERY 1 2.6 *1 1 2-1 WKS 1 14.42 1 91 DAY 1 1 42 DAY I I 1 I I STOCK I STOCK I STOCK I I I I i I I I t I I 1 l i 1,• ` r r r r xyZlt ,i r , a., f 0923L . i , NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE, EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. J WHEREAS, the City has solicited, received and tabulated j - competitive bids for the construction of public works or I Improvements in accordance with the procedures of state law and City ordinances; and I WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEkEFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: } SECTION I. a r That the following competitive bids for the construction of x public works or improvements, as described in the "Bid Invite- ~'r' tions", "Bid Proposals" or plans and specifications attached vdr hereto are hereby accepted and approved as being the lowest responsible bids: Y, BID NUMBER CONTRACTOR AMOUNT Dustro] Corporation Y aA f SECTION Il. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the j, 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 ~ V ~J ' J`W r r Yd...em.>v.. IXK.yy Y, •.~.'.+lrv... ...n...,n-. ....An l.a ,w..i.n_Y., , a. t Kre.MY Y ~ ~ A+ °.'Q.y Sld~) 1yy J b4Y+vas,'~'iV.'.dM'kM'-yl}M~s~a3lYlli.rt.~. sm.~ 4 i furnishing of performance and payment bonds, after notit .tion of the award of the bid, r SECTION III. r That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the •:f construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such 1 r ; contracts are made in accordance with the Notice to Bidders and "E Bid Proposals, and documents relating thereto specifying the t terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. F. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and r,'," rt§ improvements as authorized herein, the City Council hereby ort'•, rl 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. f That this ordinance shall become effective immediately upon j k its passage and approval. r~ ~ R PASSED AND APPROVED this the 6 day of January 1997. Olt, JRAY CITY OF DENTON, TEXAS ~PR1 d, ATTEST: CITY OF DENTON, TEXAS ' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS ~ \ F y m BY: i} •S 1 S i~ ry'J ' PAGE TWO ~I r y,a k R^ I r ' : i DATE: January 6, 1987 CITY COUNCIL REPORT 5 T0: Mayor and Members of the City Council ~ } FROM: Lloyd V. Harrell, City Manager SUBJECT: BIOf 9692 -RENTAL OF STREET CONSTRUCTION EQUIPMENT ' ' WITH OPERATORS RECOMMENDATION: We recommend this bid be awarded to the lowest and only y bidder meeting specifications, Dustrol Corporation for the annual estimated i amount of $110,000.00. The crM are estimated for the total projects but re- + fleet a considerable savings to the City and will be paid only on an as used basis. SUMMARY. This bid is for the rental of equipment with operators for f r , -r 's street construction and reconditioning, The City of Denton Street Department t will furnish all support equipment and personnel. The machinery being rented is not currently avaiiabie in our own vehicle fleet. This is a new concept similar to the resurfacing project of last summer. The bid offered by Cutler Repaving failed to include the Y `A complete list of equipment as required by the specifications. 7 ` .BACK~OUNO: Tabulation Sheet PRO . OEPARTliEMTS OR GROUPS AFFECTED I Street Department, Reconstruction Program 1 FISCAL IMPACT: 1986/87 Budget Funds for street maintenance 1 SE Respac ly submitt d: Lloyd Y, Harrell ; City Manager Prepared by: N "IS sistant Purchasing Agent Approveds 4; I n Marshall, C.P.M. 111' Pahurchasing Agent x, „a: r..ti•sY .v w c L~1:?~r04s~.:~~Fa#Rd^F~WbtW+aA'..d i.n'f~YuYi^+'w"` s , PID Ik 4692 1 T.K.O. 1 DUSIROL I CUTLER I fiID :TITLE RENTAL SIREET ELUIPMENT I E.AUIPMENT 1 I REPAVIN3 1 I OPENED 12/18/86 2100 P.M. I I I I I ACCOUNTM I I t I I 1 1 r I I-------------I-- ---------I------------- ~-------------1 M 1 OTY I 17FM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I -1-------°1------------------------- i------------- I--------------I.-------------I-------------1 1HEATER I NO BID 1 870,00 1 t I 1N. I IMOBILIZATION CHARGE I t 100.00 t 2.' 1 IHEATER SCARIFIER t I 850.00 1 650.00 1 .2A. I IMOSILIZATION CHARGE I I I0i).00 1 500.00 I 3. ,1 IMIXIN3 F45CYCLER 1 1 550.00 1 1 ! 1MOBILIZATION CHARGE i I Su0.00 1 1 f -4. 1 ILAYDOWN MACHINE 1 1 700.00 1 400.04 I i "AA. I IM06ILIZATION CHARGE I I 150.00 1 100.00 I I b. 1 IP14SUMATIC ROLLER I 1 250.00 1 225.00 1 # 5A. 'I IMDVILIZAYION CHARGE I 1 100.00 1 100.00 1 I 60' 1 ITANDOM STEEL ROLLER f 1 250.00 1 225.00 1 '6A. 1 IMOSILIZATION CHARGE 1 1 104.00 1 100.40 I 1 y. I tHILLIN3 MACHINE t 1 2,;,00.00 1 NS I I 7A' I IM:IRILIZATION CHARGE 1 1 250.00 1 NS S, I IL16UID TANKER I I 75.00 t I50.00 i I 8A. 'I IMOVILIZATION CHARGE I 1 100.00 1 100.00 1 1 -9. 1 IP'ICKUP BROOM I 1 550.00 I NS 1 9A, 1 IMOBILiZATIQN CHARGE I 1 100,00 1 NB I t 14: I IWATER TRUCK 1 1 200.00 1 200.00 1 1 148.1 IMOBILIZATION CHARGE I 1 100.00 1 100,00 1 1 1 1 1 1 I 1 I ~ I I I I I I t sl k y. 1 ~~c ejr ~ n ~ ~ ti r: a K i i OFFICE OF THE CITY ATTORNEY ' MEMORANDUM r TO: Gary Collins, Director of Data Processing n ; FROM: Debra A. Drayovitch, City Attorney 4 ! SUBJECT: Addendum to contract with American Management Systems ' DATE. December 31, 1986 i Pursuant to your request of December 17, 1986, attached is an ry ordinance approving the execution of the above-referenced contract. Since you were out of town, I was unable to verify whether this purchase is for a sole source item under the state bidding law, art, 2368&1 V.A.C.S. Thus, I am assuming that it is and is not sub ect to the sealed technology procurements. When proposal procedure for high appointment with us to go overt' these return, statu plea srequirem nts. TAe law, as amended does not allow outright information processing equipment. purchases of all 4 1, r DE A A. 0 T ! DAD. ~s xc: Lloyd V. Harrell, City Manager +s1„~ ` k l' Attachment 1 z { M1{ .'I 1 ( I s ...r ;Ar<n a.wut,F 4.6".. r. MI,,A'~aW# d } Uk~ M1- 1676L f NO. I i j AN ORDINANCE APPROVING AMENDMENT NO. ONE TO THE PROPRIETARY ` SOFTWARE TERM LICENSE AND MAINTENANCE AGRi:EMENT BETWEEN THE CITY OF DENTON AND AMERICAN MANAGEMENT SYSTEMS, INC.; APPROVING THE EXPENDITURE OF FUNDS THEREFORE' AND PROVIDING FOR AN EFFECTIVE DATE. I NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, Amendment No. One between the City of Denton and American % Management Systems, Inc., providing for additional software components and maintenance therefor under the terms and conditions being contained in said amendment which is attached x hereto and made a part hereof. SECTION II. F~ That the City Council authorizes the expenditure of funds In the manner and amount as specified in the Agreement. ~A* SECTION III, That this ordinance shall become effective immediately upon its passage and approval. fr Y'.'I PASSED AND APPROVED this the day of , 1987. y` v t _ CITY OF DENTON, TEXAS 1 5 x ATTEST: t CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM[ DRAYOVITCH, CITY tTTORNEY E ' CITY OF`DENTON, TEXAS t iNa S 5 ti . 7 v: BY S 1 M1~1! A x •'e dV ^p^I."Fti"*Im',w awns :vN i.-a a. ~y,.: iFW°ytlh s~lAeNTM~.i~'. I . 1. AMERICAN MANAGEMENT SYSTEMS, INC Amendment No. to Proprietary Software Term License and - Maintenance Agreement This AMENDMENT .NO. -I- Is entered into by and beMeen AMEWCAN MANAGEMENT SYSTEMS, x INC. ("AMS"), whose ~ nndpal office is located at1777 North Kent Street, Arlington, Virginia 22209, and j City of Denton, l exas ("LIcensee-), a mmjni ci D_at 1 tv whose principal office is tooled # at 215 East McKinney ctraet Denton TX 76201 WITNESSM: i WHEREAS, on May 11, 1981 AMS and Licensee executed a Proprietary Software Terns Ucense and Maintenance Agreement tth,r "License Agreement") for LGFC Pt tic jmd rc ~ , WHMtEAS, AMS and Licensee desire to amend the LicenseAgreement in certain respects asset forth hireiro• i NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, receipt ' of which Is hereby acknowledged, the parties hereto agree as follows; 1 Gaveff"ll; DoetusteaL z I The License Agreement Is incorporated herein and forms a part of this Amendment. Except as provided below, j all other retest and conditions of the License Agreement shall remain unchanged and in full force snd effect and in hereby ratified and reafftrmed by the parties hereto. M the event *(any conflict or inconsistency betweten the piwAslons sot forth in the Amendment and the License Agreement, this Amendment shall govern and control, 2. Addidtraal Ssftware Cosaponeaa. AM hereby gram to Uceruee, and Lkerwe hareby act". a nonexclusive and nontransferable uanst to rase the computer software components detaibed In Exhibit A (the "Additional Software Components'). This Ikorm Shill terminal* on the date provided in the License Agretment for the termination of the lirnw of the Packaged System. 3. Malntenana Services. +,f I AMS shall provide the maintenance iervicn for the Addidonal Software Components described in paragraph 2_ of the centt Agrdotent tots period of following delivery to Utenae of the Additienal gofttwq Components without additional charge to Lkatwe• At the end of said itrr~ likens a may pureMse said i Maintenance MrAcei for the AddldwW Software Compotxnts for a period of .1 at AMS' darn r i ptwatlfng rain foi such services. , Tfaialag W Support " AM$ will provide Word" wick such teakdn;, a silaunce, and support in using the Additional Software C amponertts as Is set forth in Exhibit A, wW%out additional charge to Lieenw+• Addidonal training, u/isam and support will be provided on a ftw a:,i materials best; . j 1. Licata Fen. As tomptinsatlon for the ltcente to use the Additional Software Components (inducting re newals theeeoO. f 1 Licensee s'nall pay AMS the license fees set forth in Exhibit A. i. Exhibit. j Eahlbtt A stuchW hereto Is trade a part of this Amencivneni it U fully induded in the text hereof. WITNESS WHEREOF, the pod" hereto have t%mted this Amendment is of December 31, " 19 by thelr'reipective duly authorizer reMwtaave). i AMERICAN 14ANAGEVILNT SYSTEMS, INC. s- , LICENSEE ("AM3") LICENSOR Illy: >jy: - - Name and Tide '.came and Titlh! 7q , ,r ' e V V r TO ! AMENDMENT NO. , TO I AMERICAN MANAGEMENT SYSTEMS, INC, PROPRIETARY SOFTWARE TERM LICENSE AND MAINTENANCE AGREEMENT t . i I- AMS shall grant to Licensee a Ucense to use the following additional computer software comp menu: ! 1] Extended Purchasing, Inventory, etc. r is a ed in the following manuals: ' LGFS Users Guide LGFS Data, Entry Guide I`1 y ~y, LGFS Operations Guide LGFS Error Message Guide 1 1 ~ and of moss fied anhancep►enb For a beanie fee of ~y 1 s~ tot the WtW Ueerse Term and fora license mmmwat f« of two (2) pereent of the hconi+ fie for the Wda1 rw: lianae item for each fuU ttnewal lrem• 77+e arms of payment IN U follow!. 23 of contract price on execution of amendment, 80% on delivery of software. r I Y 'r.' 1 1 i. 1 r i r [ Tapdrer with the following additional docutnentstion T I 'f ;,P 1~ P a. To$*" with tralning, !instance and support in ustng the Additional Softwan Component as follows; k i N/A 1 t,. i l ti t ;y ASMe to >rd Wdaled foe identification try: AMIPJCAN MANACEM£NT SYSTEMS, INC. r. 1 a~ Fr" ILI Licensee Licensor By- - - By: +Ti Vs'Wi}ML~'S.IS"✓i;i+~v n.MK.winwiiC,r tr+rra ♦:k'I W,4 ...ar.-: . j rt.ra}.Mr.'A'u'.A'y~,.ey..31'1°~'.l.~AS`.,~1'ui.R rxSM?•'44k'~IY.41MEd~'' ly ' J 9 ,1670L DI G NO. AN ORDINANCE ABANDONING AND VACATING A CERTAIN DRAINAGE AND UTILITY EASEMENT AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, has j determined that the hereinafter described drainage and utility easement is no longer needed for public use; and WHEREAS, in accordance with the provisions of Texas Revised civil Statutes, Article S421c-12, an appraisal of the fair market value of said easement has been obtained; and WHEREAS, in accordance with state law, said easement is r,. being abandoned and vacated in consideration of the receipt of their fair market value by the abutting property owner thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r< SECTION I. That the hereinafter described easement is abandoned and ,a s• vacated as an easement for drainage and public utilities: Y All that certain lot, tract or parcel of land lying and being 1 t situated in the City and County of Denton, State of Texas, and bein part of the Mary L. Austin Survey, Abstract No. 4 R H Hopkins Survey, Abstract No. 1674, and J. S. Taft Survey, a^ Abstract No. 1256 and beln; part of a tract of land as conveyed ~I from Henry H. Dickerson, Jr, to American Savings Association by - yJ deed dated July 7, 1972 and recorded in volume 650, Page $54 of the Deed Records of Denton County, Texas, as more particularly described as follows: COMMENCING at the intersection of the southwest right-of-tsy line of the Missouri-Kansas-Texas Railroad with the north I, State rigngh't-theof-wmayltli easterly corneriofwsaidLtrac~88' said point tiro N I r THENCE north 420051001, west along the southwest right-of-way dine of Missouri-Kansas-Texas Railroad a distance of 63,32 feet to the place of beginning; ' THENCE south 63612107+1 west a distance of 370.62 feet to a point 4 for a corner; THENCE north 2664715311 west a distance of 20 feet to a point for h;° Mai a corner; do r a ~ n 'M•.n.d_Ysc' .w . ...n . .fW•s . N. 1N .:;:GMt•n..-gip A . F, ` <yry i 1 THENCE north 6301210111 east a di.-.tance of 36S,1S feet to a point ! for a corner; THENCE south 4200SIO011 east along the southwest right-of-way line of the Missouri-Kansas-Texas Railroad 'a distance of 20.73 r feet to the place of beginning and containing 7,357,66 squase feet of land, more or less, SECTION II. i That said easement is herein abandoned and vacated, and by operation of law, the City of Denton's property interest in said I easement shall revert to the abutting property owner, whether one or more, and ti:e City of Denton hereby releases any and all claims to the use of the property described in said easement referenced herein for the purposes therein described, SECTION III. That this ordinance shall become effective immediately upon ' its passage and approval, PASSED AND APPROVED this the day of , 1997, t „d ;W RAY STEPHENS; MAYOR ~'^t CITY OF DENTON, TEXAS Nr ° ATTEST: CRULUTTS ALLEN CITY SECKETXKV ITY OF DENTON,,TEXA5 C r" `r, APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH CITY ATTORNEY + T n .vj CITY OF DENTON0 TEXAS ~r! } DY t or^ PAGE 2 { ' •''we,,sdo:'F., ts,:'.v r, v.,. wa'1 troY.a;h.'r~f/hr.H e7s:.a: ad°' A i I k •Ar CITY of DENTON 1215 E. McKinney / 0600n, ;'axes 78201 E ' MEMORANDUM DATE: December 23g 1986 701 City Council FROM: Jerry Clarke City Engineer ~ f SUBJECT: Golden Triangle/Michael's Addition The Engineering Division reviewed the modifications to the drainago system running betweera the proposed Michael's Addition and Target Addition. Carter and Burgess Consulting Enyinrrs designed a system that Iras more capacity than the fs original pipe system. They incorporated 'onsits inlets and } overflow grading to insure that all the water will safely pass through the site to the channel on the north and. We teal tha design is very conservative and oxceeds Denton's requirements. 1 x Please consider the. abandonment of the easement as a benefit ; a> 1' to the dralnage system in the area. 'rho new system has rs'!` excellent design characteristics and should be approved. qtr' is C r P.9. Ci y E rr Y A~, 1 Ey-23-86 0010 { k. I n a i {.3WMi' P - ...,s..+... s J ~..vx ,.wd i b W°'F',..MiWl' .ii '...~•MMp•LL.,WWM•' V. isSe>.• > - vj4.~~a03k ij- 1 it , "Nal Gtr go 01 r \ 4+ is r' ~ ~ ~ 4t `yj~, 1 1 oft fA e«r«I~lt - - «Kl 411 i~. t ; f y ♦ / ' r {1 • ~ r ~JC ALC ,u 2000 1:• 6 t i nb' + _ a ~~i~cry{l M ~ rq .^rn .rw',.`v merlin;N k A , Q , I' l r I UNDERfiR(~UNA~BTOAQ~ S~WEIt AND ELECTRIC' E j THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESEt"St j COUNTY OF DENTON F ' I t + That the DAYTON HUDSON C1aPORATION, a Minnesota corporation (hereinafter calledntor"), in consideration of the advantages which will accrue to Grantor from the construction of an underground storm sewer system and underground electric lines hereinafter described, hereby grants to the City of Denton, Denton County, Texas (hereinafter called "Grantee"), an easement a and right of way within the area ("Easement Area") designated on y; Exhibit "A", attached hereto and incorporated herein by reference for all purposes, for an underground storm sewer system and underground electric lines, and all necessary or desirable appurtenances ("Facilities"). Grantee shall have the right of ingress and egress for the y purpose of constructing, improving, inspecting, maintaining, oi~erating and removing said lines and appurtenances and the right to relocate said lines within the Easement Area, the foregoing ` rights to be exercised in a•manner which will cause the least damage, disruption or inconvenience to Grantor and its' improvements. TO HAVE AND TO HOLD the abovo described easement and right unto the said Grantee, its successors and assigns, until the underground storm sewer system and all of said underground electric lines shall be abandoned. It is expro631y stipulated (1) that Grantor shall not Incur or be liable'for any charge, cost or expense relating to the Installation or maintenance of the Facilities; and (2) thaw Grantor shall have no obligation to remove or relocate any ex.s ting utility lines or any improvements located within or upon the Easement Area. y 7ik4Gt='[a A.t!A1,v Y.ti•r a A..y ~ ~..r f . _.1 w. a,:d i'rniet'"~'1P16Y-.;rv`~i11•P`..t.O:ercY G ~Yip4. i ;x By acceptance of this grant, and utilization of any rights granted hereby, Grantee agrees as follows: A. Grantee shall cause all work performed in connection z with the Facilities to be accomplished in a { workmanlike.manner in compliance with all laws and regulations and so,as to cause the least interferenEe 3 { with the surface of the Easement Area. Grantee shall ` not commence any such work without first notifying' I' Grantor and obtaining Grantor's Approval of Grantee's r proposed schedule for performing such work. Notwithstanding the foregoing, in the event of I c emergency repairs are required, Grantee may cause such repairs to be made upon reasonable notice to Grantor. B. Immediately after completing any work, Grantee shall ' cause the Easement Area and surrounding land to be restored to their original level and condition i r. { (including the replacement of any landscaping, } curbing, paving or other improvement removed or damaged during the course of such work) and shall remove from the Easement Area and surrounding land all w the debris, sj~aiis and equipment resulting from or { a ,r used in connection with such work. C. Grantee agrees to defend, indemnify and hold Grantor r> harmless against any and all claims, suits, losses, a liabilities or expenses which are caused by or arise in any manner out of the use or occupancy of the Easement Area by Grantee, its contractors, employees, or any other persons acting under its control. This conveyance is made expressly subject to all existing F restrictions, liens, conditions, exceptions, reservations, easements and covenants of record. d a a L, ti t• ~ a, .w .l rY.rvy~.1 .a pS~.w } r .y E 1 f 1 ' ui EXECUTED -this l day of nGel-atief, 1436. N ~ E DAYTON HUDSON CORPORATION, 1 1 a Minnesota corporat oon~n r By s LN w"""~ Names A. Amfa;hd Titles L. Moo r tsw4nf r •'r fary~l Sforn ~ i R`• STATE OF MINNESOTA ) i COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me . E this da of , ib*►' . Y o y ti»1 are 0 4 by Q eje_ 0. T: IoO lrlf the rx-; Sr: V. P. •7Ar&oT Sr t~ s of Dayton Hudson Corporation, a Minnesota corporation# on behalf of the corporation. 1}~ PAAA O'AA.~AtA ,•g My commission expires: b 6 -q ^Ql ary Pnbiic a x "2 }a ~,r'j chi, IN . r ~ ~ rr k ' a a M, A. .av.., v ~ r•... a Ak.!. .P 'dh.+At i A 'q DSTW Pdb Re&Mnd PW& Su+goe MOO Tom WON ~ 1S4J32.32'n - PROPOSED DRA1111AGE 6 UTILITY EASEMENT the BEING all that certain lot, tract or parcel Countys Texas, andnbeing w, J.S. Taft Survey, Abstract No. 1256, Den a portion of Lot 1, Block I of the Target Addition, an addition to the Ctio of Denton as recorded in Cabinet "B"s at Page 263 of the Plat Records of Denton County, Texas, and being more particularly described as follows; + 8EGlNNING at a point that is South 47° 55' west a distance or 76.0 feet and South 19° 36' East a distance of 31.39 feet from the Northwesterly corner of Lot it Block l of said Target Addition; z .r,l e'point for corner; THENCE North 190 36' west along the line of said Target Addition a distance of 17.32 feet to a point for corner; THENCE ?forth 41° 55' East and leaving the line of said Target Addition, a distance of 21.19 feet to a point for corner; 1 d r THENCE North 2° 5S' East a distance of 18.39 feet to a point in the line of aforesaid Target Additions a point for corner; THENCE North 4111 55' East and following the line of said Target Addition* distance of 22.63 feet to a point for corners THENCE South 2° 56' west a distance of 18.39 feet to a point for corner; THENCE North 471 55' East a distance of.21.56 feet to a point in the Southwesterly line of a 16.0 foot Utility Easement as recorded in s+ Volume 691 at Page 671 of the Deed Records of Denton County, Texas; a point for corner; VENCE South 420 06' East along the line of said Utility Easement, a distance of 16.0 feet to a point for corner; ane contatningt1,a di 393sStance of quare feet the Place of THENCE ^'~y Beginning eT'F 1 E EXHIBIT A Ya$e 1 of 2 x J ,Qn Marl er S ~116~O1rH KANSAS a TEXAS -MILPOAD L•"• ~.c ~ R ~u,~ay liod ~aef W/IanI~ISIP.:mvns~rmamtme~Te.~~a- - • 'may ♦ f wl~:..t' ~w`•~/ i1i1 O[i/JL t Mr• Y,11• M 04 gloom T TO II OaT tr \ - ~..-..._~-Ir.~ Ll! • Y-y y JL- M M ►tiY••Y.11.11. ~+t• w•-lfa G"-'• , ~ _ M~M~ftr M11 A-wI..M.11.~Y,~►, wl '+t / ~~rse~~u'c= / WOW 6 vTur IruweT OMM TIMANKE TAACTY q : as ire &"V 1 ganun ..i h w xnrlrl~ ~wm.wu • Im1• Y•,.~L~M I . ~_.•...n.+.••••••..uMQbiw.4fi eT'iise.MW ANw nams:p;*.~weL~y\:y M1i'FY'A' Ott t k I, ~v rl, October 10, 1986 invoice Number ate Bill To p Golden Triangle Joint Venture r Utility 3 Mr. John Piazza epartment -s 6320 LbJ Freevay, Suite 228 aw 411,766.30 Dallas, TX 73240 unt j i IV The followin itemized char es are owed to the Cit of Denton: ccoun a ante nvo ce ate nu er an or ex gnat on ccoun umber a nv. f I gun i i i Charges for relocation of existing distribution line= Underground Replacement Material 6,714.00 Labor - 12 hours Snitch 690.72 , i Engineering 1 294.00 410„~~ -~Op 1,000,00 Miscellaneous Sub-total 10,~69999_3O Overhead Removal Labor 905.84 Equipment Sub-total 1,261,36 067,20 TOTAL 11,166 30 i v ,w ~x ` rota 1 e a one as een rev ea'e and recolanenaa! on ~r or nQ ma e y t e'un ers rqn t4r I • ccoun n9 pprova Qnature y aQer pprava rector o nonce pprova t I ~4'TlACa.~t ar s1$1{-ss,kw'✓M.i,i.bli s+.d b: ~.i .!w.f. ,s.;.r...... r..,.. r...... ~ w ,.I tr C r i r of mrON D&NroN, roue mom August 20 x1986 f.. Mr. John 0, Piatsa ti 6320 LSJ rrasway Suits 228 Dallas, Texas 75240 `Coldi~l''tri&"Is shoo no cinter/Kich"l'a ett pinioct ii 'i Iii=1ld . centlemen~ Enclosed are a copy of the city of Denton Policy Coemercial/Industrial f underground service, requirements for pad mounted transformer location, ' I pad specification for transformer, manhole specifications and a mark up of your site plan. The specific answers to your questions are as followsI ry as A charge of $11.766.50 will be made for relocation of the existing s distribution itre a U0erground Replacement Overhead Rsmoval + mattrial $6,714.00 labor $805,84 labor 12 hours 690.72 equipment 261.36 j switch 1,294.00 I scelan enginaerin'9 000.00 Total $1067,20 ed Total 3100699.30 b, The owner will be required to install the following 1. set a manhole next to existing riser pole G 2. install two six inch conduits from the manhole to a existing utility pole next to the railroad tracks. 3. Install a concrete pad to set a pad mounted transformer to serve the entire site 4s install a four inch conduit from the transformer sits to an existing pole next to the railroad tracks S. the secondary (120/209 1 phase) is the responsibility of the developer. n,,° c4 rault current available for a 300 XVA transformer at the bushings is 23,000 symmetrical me amperes. do The !eider being relocated will need to be in a 20 loot utility easement. l 3 ' Regards Donald McLaughlin ? w DN ww { .,w..rv •,5~:,, .J '.t.. . f;....«X4tT~9',~i»n8W4r1`n<'.;f¢v'~'A+. k.. +t.A4~.x.-,. J t 4 'Y~ tr 1 i i j j iz EXCERPT Public.Qtilities ,Board Meeting of December''16, 1986 100 ttOMIM PROPOSED OP.DINANCE ABANDONING AND VACATING CERTAIN -EL Tullos explained that the staff recommends approval of thr subject easement abandonment pending payment by the developer of all costs associated wits the relocation of the existing three phase overhead line. Thompson moved to approve the recommended easement ~ abandonment subject to the stated conditions. Boyd y second. A1.1 ayes, no nays, Potion carried unanimously. J II n' 111 f r, I 7 Z try; , I R r ' r y r p Ilf ' ~.k+ a,,M1 k.~d'.rM hi4'°.t.iw~M'7ftJ!'~[YLLN.r /Md+s'••`, `I I DATES December 160 1986 t f PUBLIC tlTILITILS BOAIM AGENDA ITEK' TOs CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD (e FROMe R, F. Nelson, Director of Utilities SUBJECTS CONSIDER ORDINANCE ABANDONING AND VACATING CERTAIN UTILITY EASEMENTS LOCATED WITHIN THE GOLDEN TRIANGLE/MICHAEL'S M ADDITION AND DECLARING AN EFFECTIVE DATE. AECOMMENDATIONs j The Utilities staff reco=*nds',,approgaf the Golden Triangle/Michael's Addition easement abandonment for the following reasonse 1. Owner has dedicated a separate easement to replace the easement being abandoned. 2. Owner has agreed to pay all costs involved in relocating the existing three phase overhead line to the new easement and putting it underground. At ownors I insistence, the price was set in advance at $11,766.50. The owner will still be responsible for installing the conduit system. r Sumay s °r' The 477 AAAC overhead circuit currently serving the mall will be replaced with a 250 MCM copper uniihield underground circuit at owner's expense, t ~ rrr I ~ BACKGROUNDr The Golden Triangle/Michael's Addition is being platted for developament of general rotail. The current easement crosses the prL,,srty in such a way that it restricts the development the owner whishas to build. Therefore, the owner decided that rather than design around the existing facilities he mould have them moved and put underground. The owner has also made arrangements with Public Works for the relocation of drainage facilities in the same easement. Legal has not yet prepared the ordinance needed for this abandonments but, hopefully, it will be ready by the Public Utility Board meeting, at {{~FF"•, •w^'Y .✓:f«:;; y.,c.............., c.-~ s . ::ro:u..... , r. N...Wpd .';K.%~3 ~3+k'1/,.5af7~wr7h.n51 E:iY:'vM rv Y Wes'. r F; PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDe Electric Utilities Department$ Public Works j FISCAL IMPACTe Nona. The $110766.50 invoice to the owner should cover all.' cost. t" v_ Submitted, 1 r i R. E. N eon Prepared bye Director of Utilities E Donal McLaughlin Senior Electrical Engineer { Approved bye r; C. David Hag 12" Director of Water/Wastewater Utilities r ATTAt"SMINTle I Letter to John Piazza II Invoice for Relocation Cost Easeesent Granted by Property Owner next to Golden Triangle/Michael's IV Letter from Public Works V Location Naps { i ,yyyy f J i T j l ~ r 1 r tpY tf 4 t 'i+.taNWYta4YrNw+n.. . F ~ i i voµ'.aJ~~Ph+WYbsk~!'~FeIS'!~'Fx aNF+r+.a ...q°.. L I - i December 17, 1986 Page 2 II.'C + ~r.Chairman asked that Items C and D be moved to cons erat ons. It was moved by Ms. Cole, seconded by Mr. Glasscock, and unanimously carried (6.0) to appprove the consent agendas with the exception of Items C and a8 prove follows., A. Approval of final plat of the Northwood Gardens Professionals' Office Park Addition, Lot 1, Block .1,., B. Recommend appproval of preliminary repiat of the f Ponder Addition, Lot 10. C. Approval of final plat of the Sun Country Addition, i Lot 1, Block 1. D. Approval of final plat of the Trinity Addition, Lot 1, Block 1. ENV Recommend approval of abandonment of utilityy/drainage easement in Golden Triangle/Michael's Addition. r# F. Recommend approval of abandonment of public road located j i 1 approximately 1S$ feet east of Nottingham Road. V.xKA'If ' R n111 ~t a. k x v ti , , i . A, J. i y } r .ru 11 } ~.r :r 'olrki~`'411'~'didJICFJ5H'~l7VtGlIr:426'!#liiti:kiro'Sif4A1~ v 'A r f C31,~ DATEi January 6, 1987 CITY OOUNCIL AGDM ITErs tk TOi MAYOR AND MEMBERS OF THE CITY OOUNCIL j F"3 Lloyd V. Harrell, City Manager MVEL•TI OONSIDER PROPOSED OVERSIZE AC,REFSOM WITH CAPRICORN MOBILE F' HOME PARR, HAROLD HMIGAN M WI 8585 N. MU44CM FEW, SUITE 800, SWM TOWER, DALLAS, TEXAS 75247 AND/OR HIS ASSIGNS FOR A . NEW SANITARY SUNER LINE. ~ i ROCCHMENWICN s ' The Public Utilities Board at its meeting of December 16, , rx 1986, recamends the approval of this Oversize Agreement for a t, new sanitary sewerline due to sewer demands soon to be imposed by this and other developments in this area in the near future. 5 r( s ~ ; 4V•TM1RS ~ ` t The Proposed DevelopnPSt is located on the south side of east ~r r ? Hwy. 380 on the east side of Geesling Rd. This Oversize Agreement.will replace former oversize sanitary newerline Agreements whose developers have failed to develop their projects. SACfOG1i0UND1 1 In order to serve tlv, area containing this development and future developments, a new 18" Sanitary sewerline will be required. The propoved development requires a 12" sewerlime therefore an oversira agreemett from 12" to 18" m rline is ny t,; reoamonded. i' PM)MW 3, DFBAAMOM OR GROUPS AFFEf=i Denton Municipal Utilities, present/future Developers, Legal Department, Purchasing Department, 3!, 1 i r, S ...,,a, sea ~.~s&-;''-r rn.a, ,'x:- >e a,.s.,+w•.ar"a,.~w ~y.X,IC L. w,Ya'n .en w,...«, . ~r a .y FISCAL IMPACT: i t Estimated costs for a 12" to 18" oversized section of sanitary ' sewerline to be paid for by the City of Denton are as follows: Zbtal cost of an 18" Sanitary sererline j rav ` , (5710 L.F. x $32,00/L.F.) m $182,720.00 i, 7btal cost of a 12" sanitary sewerline to serve Caprioorn j a Mobile Boma Park "r 15710 L.F. x $25,00/L.F.) m $142.750.00 t Cost of this project to the City of Denton $39,970.00 (difference between an 18" sewerline and a 12" line). i d `er. ' r r r ' 5•'1 t ly t r Ll V6 re ManagerJ`I `Y 4k o yN. Prepar by, ,.maed y e t it • David RM Director of Water/Wastewater Division 1 r APPIOMI r~ Director of Utilities Attachment I Ordinance 1 III Sewed Line Participation Agrewent Loon Yap ` IV PUS Minutes of 12/16/86 I x r' J i -fiv".;.,- A.r Yd~w,: iliglq fr#!L%CYi•"~Fxx..w ~ir.4+r>Rearas' q Y 1642L F: NO. AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED SEWER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. ! WHEREAS, the City of Denton wishes to enter into an agreement and participate in the cost of providing an oversized sewer main; WHEREAS, the Code of ordinances requires that the City Council E approve all expenditures $10,000 or more and 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 DEN TON HEREBY ORDAINS: . SECTION I. That the City Council hereby approves the Sewer Main Partici- 1 pation Agreement, attached hereto, between the City and Harold ! olisen, owner, Capricorn Mobile Home Park to provide for the City's participation In the cost of providing an oversized sewer Hain in accordance with said agreement and the Mayor is hereby authorized to execute the agreement on behalf of the City, SECTION ON I14 t'. R That the City Council authorizes tha expenditure of funds in ttie manner and amount as specified in the agreement. r'.R SECT` ION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1986, 1 KXY STEPHEN, MA ATTESTS CITY OF DENTON, TEXAS r ,u CITY OF DENTON,'TEXAS f APPROVED AS TO LEGAL FORMt ! DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY j CITY OF DENTON, TEXAS ! BY: ` ?r.xe:v. .`.{'YndrRn:«. .YF 444l n41'%,64 *7,:,.Y+e F'Y'a~n.vy,d U.PYt:.P+,°r. ! 1642L i THE STATE OF TEXAS I SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF COUNTY OF DENTON S DENTON AND HAROLD HOLIGAN (CAPRICORN MOBILE HOME PARK) i pd WHEREAS, Harold Holigan, ownereq a ricorner ers p I~obi~e Home Park, hereafter referred to as "Developer," whether one or more, whose business address is 2720 Stemmons Freeway, Suite 203, South Tower, Dallas, Texas 75207, wishes to develop and improve certain real property located in the City of Lentos, Texas or its extraterritorial jurisdiction, as is described in Attachment II, attached hereto and incorporated herein by reference, and is required to provide such property with adequate sewer by designing, constructing and insta llin a g sewer main of a inside diameter of twelve inches (11101, hereafter referreditomas x'. "required facilities"; and v 1 WHEREAS, the City of Denton, Texas, a municipal corporation located at 21S E. McKinney, Denton, Texas 76201, hereafter 3. referred to as "City$11 in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said sewer main to provide for an "oversized" sewer main to expand its utility system and insure adequate utility service to of or customers; NOW, THEREFORE in consideration of the mutual promises and covenants containe4 herein, Developer and City agree as follows= 1, Developer shall design, install and construct r an eighteen inch (181) sewer main and all necessary appurtenances thereto, rr ,V ,,a hereafter referred to as "oversized facilities," extending a a total distance of approximately five thousand seven hundred ten feet (S,1100)0 located as shown on Attachment 1, attached hereto ? and incorporated herein by reference. 2. Prior to beginning construction of the oversized facil- ities, Developer shall enter into a Development Contract, as required by Apppendix A of the Code of Ordinances of City. This K ' agreement shall be subject to and governed by such. Development z Contract, which is incorporated herein by reference, and any other applicable ordinances of City, j 3. Prior to beginning construction of the oversized facil- ities, Developer shall obtain, at Developer's $010 cost and R expenses all necessary permits, licenses and easements, n. easements are needed the deeds therefore obtained by Developer Rk = shall be reviewed anA approved as to form and substance by city r I a k I f ` prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to ' the effected property owners. Any easements for the oversized r. facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the over- sized facilities, and Developer warrants clear title to such ` easements and will defend City against any adverse claim made against such title. 4 4. The City's share in the cost of the oversized facilities, based upon the difference in the cost of installingg required facilities, as determined by City by public bids on Ae same or t similar projects on a per linear foot basis, and the cost of the oversized facilities, as determined by the Cityy 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 i exceed Thirty-nine Thousand Nine Hundred and Seventy Dollars ($39,970.00), and City shall not, in any use, be liable for any JJ additional cost because of delays in E,eginning, continuing or t° 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; i Developer's decision as to the contractors or subcontractors j used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the ' oversized facilities. z f S, Within thirty (30) days of the acceptance of the facilities by the City, Developer shall submit to the City's Director of Utilities the actual cost of the oversized ' facilities. Should the actual cost of the oversized facilities be less than the cost on which the City's share was determined, the City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for r required facilities. To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Developer, his agents, employees contractors or subcontractors and shall have the right to require Developer as to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the s' oversized facilities. i 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 r' { Developer its share of the cost thereof. JOHN WALKER and y X45 SEWER MAIN COST PARTICIPATION AGREEMENT /HAROLD HOLIGAN/CAPRICORN ~r MOBILE HOME PARR/PAGE 2 ,rte . S; S °E i p;. y 7. All notices, payments or communications to be given or y m sent to ade pursuant to this agreement by the parties hereto, stall be rector Developer Di of e Utilities the business for the City at address the ddress given a above. the 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 rf" , M obligations other than those contained herein. This agreement shall supersede 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. >r; ~ 12. Any and all suits for any breach of this contract, or any t y other suit pertaining to or arising out of this contract, shall i be brought and maintained in a court of competent in Denton County, Texas. jurisdiction W r fff s Executed this the for" day of 1986. K. A` HAROLD HOLIGAN, OWNER (CAPRICORN MOBILE HOME PARK) --3011 k, BY. ;r +f HARLOD HOLYGAN,, OWNER ATTEST: axe f J HN WALKER, OWNER E SECRETARY i JOHN WALKER and y II SEWER 14AIN COST PARTICIPATION AGREEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARR/PAGE S Y ' A N 1 CITY OF DENTON, TEXAS P N ' BY: RAY STLFHENSI MAYOR a ATTEST: t ' art CHARLOTTE ALLEN CITY StMMTM CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL FORM: DEBRA'ADAMI DRAYOYITCH, CITY ATTORNEY # CITY OF DENTON, TEXAS 9 7 Y~ BY: .n i I . 'v Y;1,}d Y " r 14 J•a Y, ~ JJJ JOHN WALKER snd a SEWER MAIN COST PARTICIVAtION AGREEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARWAGE 4 M t t i , s 4 c y • : 4 F O ~r. IRMA W 1 a ~y F A7TA cH MENT 111 al, T 3 i i u EXCERPT Public Utilities Board Meeting of December-16, 1986 6. CONSIDER PROPOSED OVERSIZE AGREEMENT WITH CAPRICORN MOBILE j HOME PARK HAROLD HOLIGAN OWNER, UR N. STEMMONS PR ~f! k SUITE UUUP SOUTH TOWER, DALLAST,EXAS 75247 AND OR HIS ASSIGNS R NEW SAN TARY SE~AE~R LINE Ham explained that the utilities staff recommends approval of this oversize due to sewer demands soon to be imposed by this and other developments in the area in the near future. Boyd moved to approve the oversize agreement. Thompson second. All ayes, no nays, motion carried unanimously. 7. CONSIDER' PROPOSED PRO RATA AGREEMENT WITH CAPRICORN MOBILE ME PARK ADDITION HAROLD HOLIGAN OWNER N. STEMMONS RWY SUITE SOUTH WER DALLAS TEXAS 75247 AND R Y S w N FOR N SANITARY SEWER LINE, BdYd moved to approve the proposed pro rata agreement ± Thompson second. All ayes, no nays, motion carried unanimously. a" :t .Y I t h. ryI Y4 i Y,. 1 ~y 0. 3 1641L 1 Ii THE STATE OF TEXAS S SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND HAROLD HOLIGAN f COUNTY OF D£NTON S (CAPRICORN MOBILE HOME PARK) and John Walker, Omer, ' WHEREAS, Harold Holigan,4 owner, Capricorn Mobile Home Park, hereafter referred to as "Developer," whether one or more, whose business address is 2720 Stemmons Freeway, Suite 203, South ' Tower, Dallas, Texas 75207, wishes to develop and improve certain 1 real property located within the City of Denton, Texas or its extraterritorial jurisdiction, as is described in Attachment II, attached hereto and incorporated herein by reference, and is rJ required to provide such property with adequate sewer service by designing, constructing and installing a sewer main; and WHEREAS, the City of Denton, a municipal corporation located at 215 E. McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, may reimburse Developer for the costs of the sewer main designed, constructed and installed by-Developer based upon prorata charges paid to the City by persons connecting to such sewer main; NOW, THEREFORE in consideration of the mutual promises and ti covenants containeJ herein, Developer and City agree as follows: 1. Developer will design, install and construct, at r.o cost to the City a sewer main of a minimum inside diameter of ten sari inches (1011J, and all necessary appurtenances thereto, here- after referred to as "facilities," extending a total distance of approximately two thousand eight hundred linear feet (2,8001), as shown on Attachment I, attached hereto and incorporated by reference. 2. Prior to beginning construction Developer shall enter into + a Development Contract, as required by ApPpendix A of the Code of Ordinances of City. This agreement shall be subject to and governed by such Development Contract, which is' incorporated r. herein by reference, and any other applicable ordinances of City. 3. Prior to beginning construction of the facilities, Deve- leper shall obtain, at Developer's sale 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 to obtain such easements, including evidence of negotiations and reasonable offers made to a the effected property owners. Any easements for the facilities I f ~ • e _ _ , .a ~ r ♦ a. 4 PJ ~.,.yr.4 Fr .J`MV{ M lsa.... rkr e r ' c' p n 41 f... I: obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the facilities, and Developer warrants clear title to such easements and will defend F: City against any adverse claim made against such title. 4. The estimated cost of the design, construction and instal - E`• lation of facilities, as determined by public bids on the same or similar projects, on a er linear foot basis, is $21.00 per linear foot or Fifty-eight Thousand Eight Hundred Dollars Ell' ($Sd,800.00) for the estimated two thousand eight hundred (2,800) linear feet for the facilities. S. Within thirty (30) days of the accepta-ce of the facil- itie, by the City, Developer shall submit to the City's Director of Utilities the actual cost of the facilities. To determine the actual cost of the facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to re- r quira Devaloper to submit any necessary information, documents, k invoices, receipts or other recork.s to verify the actual cost of the facilities. The Director of Utilities shall review and verify tho actual cost of the facilities and certify the allow- able reimbursable cost and the date facilities were accepted, which certificate shall be attached hereto and be incorporated ierein by reference. 6. After title to the facilities have vested in the City, the City shall collect a Fn charge from 'any person con- riecting to the facilities in accordance with the provisions of Appendix A of the Code of Ordinances of the City. Within thirty ' (30) days of the receipt of such prorata charges the City shall transfer such amount collected to Developer. 7. The City shall transfer to Developer prorata charges col- lotted for a period of time of twenty (20) years from the date facilities are accepted by City, as specified herein, but shall sy. not transfer or reimburse to the Developer an amount of funds in excess of the certified cost of the facilities. t,. 8. The, parties hereto recognize that the facilities subject to this Agreement are necessary to provide sewer service the Developer's property. Should the City decide that it wishes to participate in the cost of funding a sewer main that would pro- vide greater sewer capacity then the facilities Developer is required to install, the Developer and City may enter into s separate Sewer Main Participation Agreement to provide for the sharing of cost of such oversized main. If such agreement is entered into, the actual oversized sewer main to be constructed shsil be governed by such agreement, but the prorata charges to 4'11 be collected and transferred to Developer shall be based on the a JOHN WALKER a d SEWER MAIN PRORATA REIMBURSEMENT/HAROLD HOLIUN/CAPRICORN MOBILE HOME PARK/PAGE 2 Y, w a y r " is i a j terms of this agreement, as though the facilities subject to 4 this agreement were installed. 4. The prorate charges to be collected by the City and oY_. transferred to Developer in accordance with the ordinances of the City and this agreement is intended to reimburse the Deve- loper for the Developer's cost of the facilities by requiring +f persons connecting to such facilities, and benefiting thereby, j to participate in the cost of such facilities. This agreement shall not be considered to impose any obligation or liability upon the City to pay for such facilities from its general revenues, bond funds or any other revenues it may receive, wr except for those prorata funds received frym persons connecting to such futilities. 10. Should any court of competent jurisdiction determine that all or part of the City's ordinances on which the prorata charges to be paid to developer under this agreement are based are found to be unlawful are invalid, the City may cease to charge or collect such prorata charges for connection to the facilities and will have no further obligation hereunder. C 11. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be s sent to Developer at the business address given above and to the i Director of Utilities for the City at the address given above. 12. The Developer shall indemnify and hold the City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or persons occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this agreement, and Developer will, at its own cost and expense, defend and protect h.. the City against any and all such claims and demands. 13. This instrument embodies the whole agreement of the z parties hereto and there ate no promises, terms, conditions or obligations other than those contained herein. This agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 14. This agreement shall not be assigned by Developer without the express written consent of City. 15. Any and all suits for any breach of this agreement, or any other suit pertaining to or arising out of this agreement, f shall be brought and maintained in a court of competent I! P:= jurisdiction in Denton County, Texas. ~r ! JOHN STALKER and SEWER MAIN PRORATA REIMBURSEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARK/PAGE S is e, i k 16. This agreement shall be effective for a period of twenty j i (20) years from the date facilities are accepted by City or until Developer has been paid all allowable reimbursable prorate I charges for the facilities, whichever occurs first; provided, E f' however, should Developer fail to begin substantial construction of the facilities within one year from the date of this agreement, this agreement shall terminate. E Executed this tho ~ day of 1986. HAROLD HOLIGAN* DEVELOPER t.: (CAPRICORN MOBILE HOME PARK) } BY• HAROLD HOLIGANO OWNER << Al"PEST : ex: F * JOHN WALKER, OWNER SECRETARY t I 9 A 4 CITY OF DENTON, TEXAS i) RAY STEPRINSO BY. MAYOR ATTEST: s CITY OF DENTON,OTEXAS s" APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY a CITY OF DENTON, TEXAS BY: . r. JOHN STALKER and ~ SEf~BR MAIN PRORATA REIMBURSEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARK/PAGE 4 ! t F t 6 00 ` t rdd CITY COUNCIL REPORT FORMAT f t!! TO Mayor and Members of the City Council t r FROM: Lloyd Harrell, City Manager t 1 SUBJECT: Overhaul of fanagement/Supervision Pay Plan s RECOMMENDATION: Recommend that an ordinance be approved to award Arthur Young a contract to conduct comprehensive study and provide recommendations for changes, improvements, and adjustments to the ManagemertFupervision Pay Plan. ~ SUMMARY: to twelve firms. CThe pCouncil roposalspwereaevaluated based onr their texpfor erience swith munici government, ability to meet-deadlines, availability, background of staff, and cost. cipal P~i 4; After evaluating the proposals, it was narrowed to two firms. Presentations were made * to the Executive Committee, and based upon the information presented, Arthur Young was I chosen because of their national reputation, Denton pay plans, and extensive experience withsutilitiesdeveloptng current City of d BACKGROUND: The nine pay plans which classify, value, and provide equity for the diverse t positions within the City of Denton was established in 7979. ffhile the pay plans are reviewed periodically to ensure they maintain integrity, it is beneficial to compre- hensively study these tp upgrade and ensure their competitiveness with the general S ,r labor. market. Since we are unable to fund a complete overhaul, the Management/Supervision s i Pay Plan was chosen because of its salary and compression problems, Additionally, the implications of the Fair Labor Standards Act (fLSA) have complicated the problem and accentuated 'the need to re-evaluate supervisory positions w` AI PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: equal rate hto subo dinatet. Whilesthisr f throughout the Ali employees on the Management/Supervision problem is not reflected entire plan, it affects several management Pay Plan Incumbents. ` FISCAL IMPACT: ;18,000 wF Respect y submit e A ' Lloyd Harrell - City Manager 41e red y; Name an Tit"- 1 A A d: ' , f a 1 ti,b a roA 1661L b, I NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON aM1 AND ARTHUR YOUNG FOR THE CITY'S MANAGEMENT/SUPERVISION PAY PLAN; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT!` That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the, agreement between the City of Denton, and Arthur Young, providing for a comprehensive study to the City's Management/ Supervision Pay Plan under the terms and conditions being contained in said agreement which is attached hereto and made a ` part hereof, 4t '.i SECTION 11. ;V in That the City Council authorizes the expenditure of funds the manner and amount as specified in the Agreement, SEII , ON_ ITI` That this ordinance shall become effective immediately upon 45; its passage and approval, PASSED AND APPROVED this, the a, day of ~ 1987. II CITY OF DENTON, TEXAS ATTEST= A.. i O T 'AL EN, CITY SECRETA Y CITY OF DENTON TEXAS APPROVED AS TO LEGAL FORM: r ' DEBRA ADAMI DRAYOVITCH CITY ATTORNEY CITY -OF DENTON, TEXAS BY:. e'±r n mod 1661L THE STATE OF TEXAS I AGREEMENT BETWEEN THE CITY OF DENTON AND ARTHUR YOUNG COUNTY OF DENTON I The City of Denton, Texas, a Municipal Home Rule City situated 'r in Denton County, Texas, hereinafter called "City", acting herein " by and through its City Manager and Arthur Young, hereinafter tailed "Consultant," hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Consultant to perform the ere na. tear esignated services and Consultant agrees to perform the following services: s A. Conduct a comprehensive study and provide recommenda- tions for changes, improvements, and adjustments to the City's Management/Supervision Pay Plan. The specific tasks to be completed are as set forth in Consultant's ' Proposal, dated October 31, 19860 particularly the Consulting Approach and Work Products and Expected Benefits Sections, copies of which are attached hereto and incorporated by reference herein. In the event of V any conflict between said proposal and this Agreement, pf the provisions of this Agreement shall be controlling. B. Provide typewritten copies of all updated job descrip- j tions, as set forth in the attached Consultant's pro- posal and a tape, disk, or other format compatible with t Wang word processing equipment of such job descriptions for future use by City. Such media is delivered as is, and, any and all warranties express or implied are hereby excluded including warranties of fitness for a particu- lar purpose and merchantability, C. Presentation of Comprehensive Report: Consultant shall conduct periodic meetings with City's { Executive Staff and obtain approval on methodologyy, results, and appeals. Such approval shall not be unreasonably withhald or delayed. Consultant shall make a final presentation to City Manager and to the city Council. Consultant shall provide twenty (20) copies to the City Council and Executive Staff of the detailed written comprehensive report of the stud yy, findings and recommendations, which shall include the F cost of implementation. - I D. Availability of City Resources: City will make avail- able to consultant the following: s'Y ? 1. Copies of Management/Supervision job specifications and current organizational charts. I P T 7 2. Current payroll and position control documents. 3. The Personnel Director will be available for progress update consultations. 4. The time required of each City management/supervisory employee to complete the position analysis question- naire (approximately 1-3 hours each) in a timely fF manner and to be available for interview with con- sultants, as needed (up to approximately 1-2 hours per interview). F S. Part-time assistance in the activities described in 3 Consultant's proposal, including distribution and ` collection of position analysis questionnaires, providing information on the city's current pay program procedutis, scheduling of interviews, etc, II. Term of A reement: Consultant shall commence its services on Januak y 3; 198 , j A. Final presentation to the City Manager shall be com pleted no later than February 17, 1987. Presentation . to the City Council shhU be completed no later than March 17, 1987. B. The consultant shall make available reasonable consul- tation time without additional cost for a three month i period to respond to telephone questions regerding I implementation of the project. C: Deviation from this schedule is acceptable only if approved by City's Personnel Director, or for reasons beyond the Consultant's control. III. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Consultant or the services per forme ereunder as follows: ° A, Amount of Payment for Services: City agrees to pay Consultant for the services per- P<..', formed hereunder as estimated below: Estimated Estimated Consultant Mandays Fees L Project Director 4 $ 39248 Project Staff 21 10,S84 Paraprofessional Staff 3 668 $14,500 P` 1 Y i L" E~x s d M Y ; ,Y Estimated Expenses Estimated Cost (Includes travel, lodging, meals, clerical and computer time): $ 29500 - $ 39500 TOTAL ESTIMATED FEES AND EXPENSES $17,000 - $18,000 It is agreed and understood that the City and Consultant will make extra efforts to monitor and control the above expenses. However, regardless of estimates set forth and time and expenses expended, in no event will the total project cost exceed $19,000 for Consultant's fees and expenses. B. Dates of Payment: Within 30 days of completion of services provided for herein, excluding those services provided under Paragraph It. B. IV. SUPERVISION AND CONTROL BY CITY: It is Mutually under- stood and agree by an etween City an Consultant that Consul- tant is an Independent Consultant 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 or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall have supervision and control of Consultant and any employee of Consultant while on City premises, and it is expressly understood that Consultant shall perform the services hereunder according to the attached th, Consultant's proposal at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. ` V. SOURCE OF FUNDS: All payments to Consultant under this agreement are to be pa by the City from funds appropriated by J, i: the City Council for such purposes in the Budget of the City of a Denton. VI. INSURANCE: Consultant shall provide at its own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business. r VII. INDEMNIFICATION: Consultant shall and does hereby agree to indemnity an o armless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of r; Consultant, its officers, agents, employees, invitees, and other It E persons for whom it is legally liable, in the course of the performance 'of this agreement, and Consultant will, at its cost and expense, defend and. protect the City of Denton against any 4 and all such claims and demands. d i. j .Tau i va•J 6 i` i VIII. CANCELLATION: City and Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement, provided the City pays Consultant for services performed prior to notice of cancellation. IX. TERM OF CONTRACT: This Agreement shall commence on the 7th day a anuary, r§W, and end upon the completion of the EE project. EXECUTED this day of 1987. CITY OF DENTON, TEXAS 3^ j BY: RAY E I MAYOR h ATTEST: CHARLOTTE,ALLENO CITY SECRETARY J CITY OF DENTON, TEXAS X SI s APPROVED AS TO LEGAL. FORM dr DEMA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ARTHUR YOUNG { y ,f BY: That Thomas W. Klinck, is hereby designated as the person 4 to administer the provisions of this agreement. f r i R, ` r DATE CITY MANXGER J r~r s.as'. . SP'e+y;-ti~'M~4YS..'Xd,i, aSw r , J~ 4 •t: t r+ i S , F i I Fa ; y: k j' WY of DENTON, TEXAS BfUNICIFAL aUILLING / OENTOiX TEXAS Ta?011 TELEPHONE 1017) 5004sor Ofts of the City Alenepet M E M O R A N D U M rr.s TO: Mayor and Members of the City Council ;.1 FROM: Lloyd V. Harrell, City Manager DATE: January 2, 1987 a SUBJECT: COUNCIL AGENDA ITEMS 3.G, 3.H and 3.1 The three ordinance referenced above were approved by the City Council on November 4, 1986. As these ordinances contain f •penalty clauses' whereby violation of provisions in the ordinances can result in a fine being assessed, the City Charter specifies that the captions of the ordinances be x` published twice within ten days of their passage. Due to foul 1 up by the newspaper, these three captions were not published < within the specified time frame. ' As a routine bookkeeping exercise, the Council should adopt the ordinances as provided in the agenda back-up. The only change Fk,T"; which has been made to the ordinances is the date of passage. To avoid a reoccurrence of this problem, procedures have been i' ti' established in our office to track the publication of these captions. If I can furnish additional information, please let t, - me know. 1 21 Thaak you. AA, } a~ oy arteiI- f I` 2517C f• 11 V, 1 f } fi a aR4 a 'q i 159SL f S • 71 N0. AN ORDINANCE OF THE CITY OF DENTON, MAS, PROHIBITING U TURNS ON r AUDRA LANE Al ITS INTERSECTION WITH MCIIINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; E AND PROVIDING FUR AN EFFECTIVE DATE, a• . j ` THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ! SECTION 1. r When signs are erected giving notice thereof, no person shall make a V Turn at any time on Audra Lane at its intersection with i. McKinney Street. SECTION II. s. Any person adjudged guilty of violating the provisions of this " ordinance shall be guilty of a misdemeanor and punished by a fine r`{ not to exceed Two Hundred Dollars ($200.00). ' , f t.l SECTION III. That this ordinance shall become effective fourteen (i4) days from the date of its passage, and the City Secretary is hereby a' directed to cause the caption of this ordinance to be publisr.ed f' Yk twice in the Denton Record-Chronicle, the official newspaper of i the City of Denton, Texas, within ten (10) days of the data of its , passage. h r; } 1~ PASSED AND APPROVED this the day of , 1987. ei. RTC; zj ` dA STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: b' , r Cf~Ci{ LQ. E ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS l APPROVED AS TO LEGAL FORM: F~ DEBRA ADAMI DRAYOVITCH, CITY ATTO:INEY s, CITY OF DENTON, TEXAS BYt `.~f~i(LJJ JL/L11+IJ ~ y " 1} ...m..x..a..t nw.u r,r.v...... ...,..s.a{pri psli w'6 il•Sr11M.rv.,w.. e , IS98L t a NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING U TURNS ON AUDRA LANE AT ITS INTERSECTION WITH MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; E AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ` S_ECT ION I, ' When signs are erected giving notice tbereof, no person shall make a U Turn at any time on Audra Lane at its intersection with F McKinney Street. SECTION II. A~ Any person adjudged guilty of violating the provisions of this ordinance shall be guilty of a misdemeanor and punished by a fine r not to exceed Two Hundred Dollars ($200.00). SECTION III. ;J _ dk That this ordinance shall become effective fourteen (14) days w j from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published a. twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. E dv 1 PASSED AND APPROVED this the ,day of 1986. r xl RAY K k'~ AT'T'EST: CITY OF DENTON, TEXAS - i F CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: $:'H DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 4, BY I 4i I 1 i i ' 1371L / i I NO. ' AN ORDINANCE AMENDING THE ZONING MAP OF Th CITY OF DENTON, i TEXAS, AS SAME WAS ADOPTED AS AN APPEND. '0 THE CODE 01 ORDINANCES OF THE CITY OF DENTON, TEXAS BY t;ENANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 690.8 ACRES OF LAND, At ' IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGI r IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASS- IFICATION 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. :r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. $ That the zoning classification and use designation of the t real property described In Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from 6 Agricultural "A" District Classification and Use designation to `":;ti• , Planned Development "PD" District Classification and Use ~KK 7r °y« y designation under the comprehensive zoning ordinance of the City ` of Denton, Texas. SECTION It. That the followinD conditions, limitations, and restrictions f snail apply to the districts ' 1, Detailed Plans Re wired. Prior to the development of each tract o an a eta e~f plan meeting the requirements of Article ll of Appen ix B-Zoning of the Code of Ordinances shall +z be submitted for Citl. Council approval, after recommendation is made thereon by the Pibnning and Zoning Commission. That each detailed plan hereaftev approved for each parcel or tract of laird shall be attached hereto and be incorporated herein by reference „ and each parcel shall be developed and used n substantial ;t c pliance with the provisions of such approved detailed plan. t 1, Restrictions on Detailed Plans. The detailed plans required herein or each tract o an proposed to be developed, + shall be consistent with the standards and restrictions specified y 4 ' j t ! r i 1 in the Concept Plan, attached hereto as Exhibit B, and incorpo - E 1 rated herein by reference: 3. Transportation Improvement Plan. That prior to the submission or approval o any detailed plan or the approval of any plat for any land within the district, a Transportation Improvement Plan providing for the construction and installation of all major street and traffic improvements necessary to serve `f tht entire district, at no cost to the City, shall be approved by the City Council, after recommendation by the Planning and Zoning Commission. The proposed Plan shall, at a minimum, provide for the following: (a) North-South Major Arterial Street. A divided, six lane street, meeting ty speci cis, shall be constructed from U. S. Highway 360, at the northern edge of the district, to Interstate Highway 35-E, To provide for w such street, a strip of land of a minimum width of 120 foot, shall be dedicated to the public prior to the sub- 4 mission or approval of any detailed plan or the approval of any plat for any parcel of land within the district. f Two lanes of the proposed six lane street shall be constructed prior to the issuance of building permits L for any parcel of land within the district. A schedule shall be provided stating when the remaining four lanes of the six lane north-south major arterial Id street will be constructed, in relation to the develop- I ment of the district, or each phase thereof, and the manner in which completion of the entire street with six r, lanes will be guaranteed, either by performance bonds, a monies escrowed, or similar method that would reasonably r, insure completion (hereof, r rr y (b) Repaving of Mills, Blagg. and Trinity Roads. The re- 1,} paving o Mills an iagg Roads from rneir respective * inters,.ctlons with the proposed north-south major arterial street to their respective intersections with Mayhill Road, and the repaving of Trinity Road from its intersection with Mills Road to its intersection with ' McKinney Street, shall be required. The repaving shall { be to a width of 24 feet end a depth of 2 inches, to be performed in accordance with City specifications. The requirement of repaving shall be subject to the limita- tions that the cost of repaving shall not exceed $500000 ry for each road, as determined by bids obtained by the Y, A. R .i Z-1779/PAGE 2 . . ; }i.;•. i h`3i S,~ iH:.y:v4 i ~ NCI ,LU~~ i p _r i I i i City or estimates made by the City Engineer, If the I estimated total cost of repaving exceeds $50,000, for any road, the City may choose to participate in the repaving cost for all or part of the required repaving for that road, or if it chooses not to participate, it may designate what portion of the repaving of such road will be performed by the expenditure of $S0,000. The repaving requirements of this paragraph shall be in addition to, and not inclusive of, on-site perimeter street paving and improvements required for the development of any tract of land as provided for in Appendix A of the Code of Ordinances. The Plan shall specify the time when such repaving will 1 be undertaken in relation to the development of the district, or each phase thereof, as well as the manner f in which such repaving will be guaranteed, either by k performance bond, monies escrowed or similar method. T'} ! (c) Mayhill Road Improvements. Road improvements on Mayhill lea an tra T c s gna zation equipment at the inter- section of Mayhill Road and McKinney Street and the 7 intersection of Mayhill Ror,d and Interstate Highway 35E, shall be made to the extent sufficient to provide for traffic to be generated from the district when fully f developed, as deterained by the City Engineer. The improvements proposed shall be limited to a maximum cost of $50,000 for road improvements on Mayhill Road and $SO,000 at each specified intersection, for the traffic signalization equipment. The repaving requirements of this paragraph shall be in addition to, and not inclusive of, on-site perimeter street paving and improvements required for the development of any tract of land as provided for in Appendix A of the Code of Ordinances. 4 The Plan shall indicate, in relation to the development of the district, or each phase thereof, when the pro- ; posed improvements and signalization will be performed Gh,. and the manner in which completion of said improvements and signalization will be guaranteed, either by percor manse bond, monies escrowed or other similar method that g, would insure completion thereof. (d) Improvements to Major Intersecting Streets. Road im- provements, n-i`cTudTng necessary turn lanes, additional rights-of-way, and traffic control signalization, to the r 2-1774/PAGE 3 . .i a.i•+Y..M.r.tA YW,[?w. . .x%ka+iA?^k7W,`tul!':rViktfF7wF2!'y!kr~tlti dJd..rrrv^....... 4 i i 4 i f i extent determined necessary by the City Engineer to pro- vide for traffic to be generated from the district when I 1 fully developed, shall be provided for the following proposed or existing street intersections: (1) U. S. Hi$Away 380 and the proposed north-south major arterial; (2) East McKinney and the proposed north-south major arterial street; (3) U. S. Highway 380 and Loop 288; and (4) East McKinney and Loop 288. j The Plan shall indicate, in relation to the development of the district, or each phase thereof, when such improvements will be undertaken and the manner in which the specified improvements will be guaranteed, either by performance bond, monies escrowed, or other similar method that will reasonably insure completion of the improvements. The Transportation Improvement Plan, when approved by the City Council, shall be attached hereto, and compliance therewith shall be binding upon each and every parcel of land within the district. 4. Utility and Drainage Improvement Plan. That prior to the submission or approve o any detailed pan ur the approval of ? any plat for any land within the district, a Utility and Drainage Improvement Plan providing for the construction of all major i utility and drainage improvements necessary to serve the entire IR district, at no cost to the City, shall be approved by the City Council, after recommendation by the Planning and Zoning Commission. The proposed Utility and Drainage Improvement Plan shall, at a minimum, contain the following information: l (a) Water and Sewer Facilities. The location and size of a major water an san tary sewer mains and facil- ities that are proposed to be constructed to serve the entire district. (b) Drainage Systems and Improvements. A'drainage study o the district per orme y a licensed engineer w' giving the description and lecotion of all major storm sewer improvements, drain;, retention areas, ! or other existingg or proposed drainage facilities or features that wi?I be utilized or constructed to provide adequate drainage for the entire district when fully developed, i rn. S 1 f { Z-1779/PAGE 4 r r.._.. .....''h~'w7dl.tii'3'bd ,~n;KRl ~'}Ntlld'"w+'... m• , r.++ww.yn.ww. ry•..utt'a'ae•..,,...... _ . ~SY~.~ +T'R""' . o r Y• , (c) Schedulin of In rovements, The time when such ut 1 ty an ra nags improvements will be undertaken in relation to the development of the district, or each phase thereof, shall be specified, The Plan shall include the manner in which completion of the necessary utility and drainage improvements to serve the entire district will be guaranteed, either by , performance bond, monies escrowed, or similar manner or method that would reasonably insure completion of the utility improvements. 11fj The Utility and Drainage Improvement Plan, when approved by the City Council, shall be attached hereto and compliance there- with shall be binding upon each and every parcel or tract of land within the district. A 5, Park Fund, Two Hundred and Fift ($IS030 s till be paid to the Cit y prior y to Dollars s, any detailed plan for any parcel of land o the approval to i provide for the acquisition, Improvement or ihmaintenance rof spark land or facilities to serve the district, b, __ProDpe~rtyy Acquisitions All easements and rights-of-wa ax for public~mprovements required to be constructed, or off-site e drainage areas or facilities necessary, to serve the district shall be acquired without cost to the City, ments or rights-of-way for the required puicllmprovementsecan- not be purchased at fair market value, a request for condemnation may be submitted, in writing, to the City. Thy request shall be ~ accompanied by: (1) a description of the property to be ' acquired and the names of all owners having an interest therein, as shown by a commitment for title insurance issued by a title company, showing thi City as the proposed insured; two written appraisals of the property to be acquire(2) at d, a least by persons with qualifications satisfactory to theCity; (3) ` copies of correspondence showing that an offer has been made to the owners of the property to purchase it at no less than the amount shown in one of the appraisals submitted; and (4) evi- dence that, after reasonable negotiations, the offer has been rejected. 9 y 1 Upon satisfactory submission of the request for condemnation, in the form and manner proved for herein, the City, that condemnation is necessary, mmay upon finding the property, Prior to beginning condemnation, institute accontract i shall wts j be entered into between the person making the request and the ~ a Z-1779/PACE S A4'/ j 4 } i City, providing for the payment of all acquisition cost by the person making the request, which shall include, but not be limited to, the amount awarded to the landowner for the taking of the property, fees of Special Commissions, filing fees and other court cost, title policy premiums, recording fees, attorney's fees, and any other cost incurred in the acquisition of the property, if the City chooses to hire an attorney not employed by the City to acquire the property by condemnation, the contract shall provide that the contract cost shall be paid by the person making the condemnation request. 7. Application of Article 11. That the district shall hereafter a subject to the prov s ons of Article 11 of Appendix B-Zoning, to the extent that such provisions do not conflict with the provisions of this ordinance. SECTION III. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of ~P the City of Denton, Texas under Ordinance No. 69-1, as amended, is hereby amended to show such change in District Classification ti{r, and Use subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas, hereby f Syr finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar ` suitability for particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the post appropriate uses of land £o. the maximum benefit to the City of Denton, Texas, and its citizej;s. SECTION V. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate Issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding r~ One Thousand Dollars ($1,000.00). Each such person shall be y'aT•i deeied guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is k r ry , Z-1779/PACE 6 f 'A' M lI i I t committed, or continued, and upon conviction of any such viola- f F Lions such person shall be punished within the limits above. SECTION VI. 1 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1987. r s33 RAY STEPHENS, MAYOR ±i CITY OF DENTON, TEXAS ATTEST4 CHARLOTTE ALLENj CLTYLTY SECRETARY CITY OF DENTONj TEXAS a, APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f CITY OF DE:'ION, TEXAS BY: 1 x Z-1779/PAGE 7 1 v ty. t ' - _L 1372L ' i i 3 so. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 690.8 ACRES OF LAND, AS IS MORE PARTICULARLY DESCRIBED HEREIN TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASS- IFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT 'tPD" DISTRICT CLASSIFICATION AND USE DESIGNAT ; PEN ION, PROVIDING EN FOR ALTY IN A MAXIMUM AMOUNT OF X1,000,00 FOR VIOLATIONS THEREOFA AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ` SECTION I. r That the zoning classification and use designation of the } real property described in Exhibit "All, attached hereto and a incorporated heroin by reference, is hereby changed from Agricultural ~~A District Classification and Use designation to ¢ Planned Development "PD" District Classification and Use of Deton, esignationFunder the comprehensive zoning ordinance of the City d exas. SECTION II. That the following conditions, limitations, and restrictions shall apply to the district: 1. Detailed Plans Re wired. ` Prior to the development of v~+ each tract o an a e a e plan meeting the requirements of Article ll of Appendix B-Zoning of the Code of Ordinances shall be submitted for City Council approval, after recommendation is made thereon by the Planning and Zoning Commission. That each detailed plan hereafter approved for ouch parcel or tract of land shall be attached hereto and be incorporated herein by reference and each parcel shall be developed and used in substantial compliance with Oe provisions of such approved detailed plan. 1 1 2. Restrictions on Detailed Plans. f}, r required here r. or eac tract o an proposeThe d toebeidevelopeds irk shall be consistent with the standards a nd restrictions specified Nell N, Illt, ' •i,. .1, t•-a a:ara,thl r!t{."c.~e~.L.;utr.y5'ks •d,.,....l e I i y t f s ' i e in the Concept Plan, attached hereto as Exhibit B, and incorpo- rated herein by reference: 3. Transportation Improvement Plan. That prior to the submiss'ion~or approve o anailed plan or the approval of any plat for any land within the district, a Transportation Improvement Plan providing for the construction and installation j of all major street and traffic improvements necessary to serve 1 the entire district, at no cost to the City, shall be approved by the City Council, after recommendation by the Planning and Zoning Commission. The proposed Plan shall, at a minimum, provide for the following: 3 (a) North-South MaJor Arterial Street. A divided, six lane street, mee U ng~city specir cat ons, shall be constructed from U. S. Highway 360, at the northern edge of the district, to Interstate Highway 3S-E. To provide for such street, a strip of land of a minimum width of 120 foot, shall be dedicated to the public prior to the sub- mission or approval of any detailed plan or the approval of any plat for any parcel of land within the district. Two lanes of the proposed six lane street shall be ' constructed prior to the issuance of building permits for any parcel of land within the district. A schedule shall be provided stating when the remaining four lanes of the six lane north-south major arterial street will be constructed, in relation to the develop- went of the district, or each phase thereof, and the manner in which completion of the entire street with six lanes will be guaranteed, either by performance bonds, monies escrowed, or similar method that would reasonably insure completion thereof. t (b) Repaying of Mills Blapg* and Trinity Roads. The re- paying o s an agg Roads rom ter respective i intersections with the proposed north-south major i arterial street to their respective intersections with Mayhill Road, and the repaving of Trinity Road from its 1 intersection with Mills Road to its intersection with Mc'Clnney Street, shall be required. The repaving shall be to a width of 24 feet and a depth of 2 inches, to be performed in accordance with city specifications. The F" requirement of repaving shall be subject to the limits- r' r tions that the cost of repaving shall not exceed $50,000 ~ . for each road, as determined by bids obtained by the J 1 Z-1779/PAGE 2 i i i I1 [ I 1 City or estimates made by the City Engineer. If the estimated total cost of repaving exceeds $50,0000 for any road, the City may choose to participate in the repaving cost for all or part of the required repaving for that roa3, or if it chooses not to participate, it may designate what rortion of the repaving of such road { will be performed by the expenditure of $50,000. The repaving requirements of this paragraph shall be in addition to, and not inclusive of, on-site perimeter street paving and improvements required for the development of any tract of land as provided for in Appendix A of the Code of Ordinances. The Plan shall specify the time when such repaving will be undertaken in relation to the development of the - district, or each phase thereof, as well as the manner in which such repaving will be guaranteed, either by performance bond, monies escrowed or similar method. (c) Ma hill Road imp rovements. Road improvements on Mayhill ,oa an tra c s gna zation equipment at the inter- section of Mayhill Road and McKinney Street and the k y intersection of Mayhill Road and Interstate Highway 35E, shall be made to the extent sufficient to provide for traffic to be generated from the district when fully x developed, as determined by the City Engineer. The improvements proposed shall be limited to a maximum cost of $50,000 for road improvements on Mayhill Road and j $50,000 at each specified intersection, for the traffic signalization equipment. The repaving requirements of ' this paragraph shall be in addition to, and not inclusive a of, on-site perimeter street paving ac* improvements required for the development of any tract of land as provided for in Appendix A of the Code of Ordinances. The Plan shall indicate, in relation to the development of the district, or each phase thereof, when the pro- posed improvements and signalization will be performed and the manner in which completion of said improvements and signalization will be guaranteed, either by perfor- mance bond, monies escrowed or other similar method that would insure completion thereof. j { F, (d) Improvements to Maior_Intersecting _ Streets. Road ia- provements; Including necessary turn anes, additional rights-of-way, and traffic control signalization, to the i i ?-1779/PAGE 3 I L . ...iv.. ri Fin...n;.r 1 it': 45' ~'J~ir r",.a::'.c?~d"4'. l'i Kx '.i:M :M 1 1 " ~L r,extent determined necessary by the City Engineer to pro- J vide for trafSic to be generated from the district when fully developed, shall be provided for the following propposed or existing street intersections: (1) U. S. Hi hway 380 and the proposed north-south major arterial; (2~ East McKinney and the proposed north-south major arterial street; {3) U. S. Highway 380 ane Loop 288; and { (4) East McKinney and Loop 288. The Plan shall indicate, in relation to the development of the district, or each phase thereof, when such improvements will be undertaken and the manner in which the specified improvements will be guaranteed, either by performance bond, monies escrowed, or other similar method that will reasonably insure completion of the improvements. The Transportation Improvement Plan, when approved by the { City Council, shall be attached hereto, and compliance therewith shall be binding upon each and every parcel of land within the i district. 4. U_t~ili_tand Drainage Improvement Plan. That prior to the 9 s of n or approva of aay eta a peo or the submis approval of any plat for any land within the district, a Utility and Drainage Improvement Plan providing for the construction of all major utility and drainage Improvements necessary to serve the entire district, at no cost to the City, shall be approved by the Clty Council, after recommendation by the Planning and Zoning Commission, The proposed Utility and Drainage Improvement Plan ° shall, at a minimum, contain the following information: (a) Water and Sewer Facilities. The location and size of s a ma or water an sanitary sewer mains and facil- ° ities that are proposed to be constructed to serve the entire district. (b) Drake S stems and Im rovements. A drainage study ofd tie $tr ct per ormen by a licensed enginet;r giving the description and location of all major x storm sewer improvements, drainage retention areas, ~ or other existing or proposed drainage facilities or r^' features that will be utilized or constructed to provide adequate drainage for the entire district when fully developed, 2.1779/PAGE 4 a L goods p i f (c) Schedulinof I_mprovements, The time when such ut ty an rAT-"Wage-Improvements will be undertaken in relation to the development of the district, or each please thareof, shall be specified. The Plan shall include the manner in which completion of the necessary utility and drainage improvements to serve lI the entire district will be guaranteed, either by performance bond, monies escrowed, or similar manner t or method that would reasonably insure completion of the utility improvements. The Utility and Drainage improvement Plan, when approved by the City Council shall be attached hereto and compliance there- with shall be binding upon each and every parcel or tract of land within the district. r 5Park Fund, Two Hundred 2nd Fifty Thousand Dollars ($250:000.00) s all be paid to the City prior to the approval of any detailed Plan f.r any parcel of land within the district, to • provide for the acquisition, improvement or maintenance of park land or facilities to serve the district. 1 6, Property Acouisitions. All easements and rights-of-way for publfclmproveaents required to be constructed, or off-site T drainage areas or facilities necessary, to serve the district shall be acquired without cost to the City. If necessary ease- ments or rights-of-way for the required public improvements can- not be purchased at fair market value, a request for condemnation " may be submitted, in writing, to the City. The request shall be t accompanied by: (1) a description of the property to be acquired and the names of all owners having an interest therein, r as shown by a commitment N r title insurance issued by a title company, showing the City as the proposed insured; (2) at least two written appraisals of the property to be acquired, performed by persons with qualifications satisfactory to the City; (1) copies of correspondence showing that an offer has been made to K~ the owners of the property to purchase it at no less than the amount shown in one of the appraisals submitted; and (4) evi- dence that, after reasonable negotiations, the offer has been rejected. Upon satisfactory submission of the request for condemnation, { in the form and manner proved for herein, the City, upon finding that condemnation is necessary, may irstitute condemnation of the property. Prior to beginning condemnation, a contract shall be entered into between the person making, the request and the Z-1779/PAGE. S p f~ 5 1 1 I ~ F City, providing for the payment of all acquisition cost by the person making the request, which shall include, but not be limited to, the amount awarded to the landowner for the taking of the property, fees of Special Commissions, film fees and other court cost, title policy premiums, recording fees, 1 attorney's fees, and any other cost incurred in the acquisition of the rroperty. If the City chooses to hire an attorney not employed by the City to acquire the property by condemnation, the contract shall provide that the contract cost shall be paid by the person making the condemnation request. 7. Application of Article 11. That the district shall f hereaft-erVe su ect to Me prov s ons of Article 11 of Appendix B-Zoning, to the extent that such provisions do not conflict with the provisions of this ordinance. SECTION III. f The Zoning Map of the City of Denton, Texas, adopted the 14th I fy<, i day of January, 1969, as an Appendix to the Code, of Ordinances of 3 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 IV, w That the City Council of the City of Denton, Texas, hereby 1 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 w things for the character of the district and forits suitability peculiar for particular us the value of the buildings , and with a view to conserving protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the Clty of Denton, Texas, and its citizens, r SECTION V. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a 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 r r r Z-1779/PAGE 6 f r A committed, or continued, and upon conviction of any such viola- tions such person shall be punished within the limits above. SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the C..ty Secretary !s 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 110) days of the date of its passage. PASSED AND APPROVED this the day of 1986. RAT bTWENSI ITY 0 DENTON, TEEXAR S ,x C ATTEST-' .1 Cwtffy 'ALLEN CITY SECRETARY t APPROVED AS TO LEGAL FORM: ' DEBRA ADAM DRAYOVITC}i, CITY ATTORNEY CITY OF DENTON, TEXAS x BYi LAW^ _ I 2.1779/PAGE 7 t 1 , rn.ur..Mf+w,.>Yr'kM+rms:.< m _ _ r. r I tKN~ lDt? A i Y All thSe Sarver rtaln tnet er parcel of land dtusted In the :1. Forrest , de atot Ruaber 117, Denton County, Tesea, said tract lath Rseord~j atte being shownnre~ ddd rect. nd ordedbullardume 3raoedis $96, Duasol ' I 260, PIA: 312 (tWe tncta), Dead 1;c ordar add tract &,so being SMvn by dead as lot S, Ilo<k 6, pert olore 11 and 12, Block B. and pert of lot S, Block E of the subdivision of Said M, Paredes: Surve and recorded in Poluma 30, Egos gls 236, Deed Rotordat sold tract &too 141,1 shown by deed to lope Clmot and recorded in Volume 13470 W e 392 Deed Recordsl part of a tract shown by dead to Cary Miller, ~reatN, slid recorded in Volume 1671, p444 562, Real Property Records$ and part of a tract she" by deed to Tom Prouty and recorded in Values 1661, PA J* 413, teal Property Records, Denton County, Teasel and being mere fully described as (allover 8e110ning for the northeast corner of Tract lumber l being described eino 94,14 lostafroo. the northeast( ornereofasaid 9Prominutes 45 uty tracts said scorner also being in Trinity Roads Thence South 03 degrees 09 minutes 45 seconds 'fast, s distance of 2226.62 feet to a Steel pin for the northeast teener of Tract :lumber I It I Thence ,forth 86 degrees 33 minutes 29 aeonds West, with the north a line of 11611 food, a distance of 1369,31 flit to a Point for corner in the Nat the of said ;tiller tract, r Thence South 02 degrees 31 minutes 07 seconds 'lest, a distance of 2296.45 Gat to a steel pia for corners F ' Thence South 81 degrees 03 minutes 39 sacreds Bast, a distance of 1409.16 fort to a Government.Monrasnt (0.318-W) tar corners Thence South 87 degrees 15 minutes 28 seconds Get, a distance of k, 368,20 to" to • Government Monument 0d174) foe corners TANS South 31 degrees 39 minutes 43 seconds toot, a distance of 320.13 Get to a Government Nonument (Q-3164) for Careers Thence South 71 degrees 49 mtsutse S7 escoftdd fast a distance of nr ' 1 421,92 Get to a Govarnmast Monument (Q-3154) for corners r4 i 32fnlO (karats a 7Covirnm~at is H minutes !2 seconds fiat, a distant* of 1 (0.314-W) for eoroorl Thence South 08 degrees 22 minutes 20 seconds last, a distance of 507.43 test to a Corarnmeat Monument (1-3134) (or earners e Thence South 02 degrees 21 minutes 27 seconds Mast with the most souther toot line of Via Witt tract a distance of 1312,93 toot to m >olst or corner, the seas WAS the West southerly southeast corner 1 of said Millar tract) ` Thomas North 87 dagtNa 28 minutes O7 seconds Wese, a distance of 2606.96 toot to a potat for torase in the West fight -of-vdy line of Trinity Rood, the some Win$ the meet southerly southwest cornet of asid ifr traett 4 r i fly Pass Y of 7 a iw Nps.. i.,w+.,.. '+~:-.xh,,. yhY:ia...l rAR1A 1 'ii7 f:J~A.. k':MAZ.^Li. - a' .5?kE~3A ~ o, . . . fights North 43 degrees 19 ntnutes 46 laconds East, with the vest rasAt-of-way lint of said Trinity Road, a distance of 733.11 teat to a point tar corners nonce North 03 degrees 50 Minutes 56 seconds East, with the vast ri~ht-of-uty line of sold Trinity Road, s distance of 626.33 feet to a point for corners Thence North 87 degrees 06 minutes 42 aconds Vast, with a south line a cornerodMN t'li1l:MW be(, thelssttwesterly9southwes to point saifar Millar traetl d Thence North 02 degrees 36 oloutta 45 eteond/ Est, a distance of corner 93 of feet to s point tar Corner, the some bathe the narthweit said Hiller tract, and alto being a point in the south right-of-way line of glass Road, Thence South 67 dprees 06 minutes 12 anCand/ Gat, a dl/tact of $16.02 feet to a point for corner, the same being the nut I it corner of said Too Prouty tracts + Thence North 29 dasrees 36 minutes 31 esrnnd/ 6net, a distance of I 301.13 tat to a tasea corner poets d Thence North 60 degrees 03 minuUe 00 seeenda vest / di 626,29 tut to a fence post for corner to the West line of saidnProuty tj tracts Thence North 02 de rte 1 e 32 minutes 1133.70 feet to a point for corner theosame beeing sthei/northWees corner of Trott All r` Thence South 67 do rates 27 ol;.etoo 33 sacondo Gat, s distance of 2632.30 feet to the point of Beginning and containing 366,625 acre/ of land. N All that certain tract or parcel of land situated in the W. Forrest Survey, Abstract Number 111 Deston County, reseal said tract bath w~aa shown as part of Leta 2 and 3s. block F, and part of Lot 6, block I of A the subdivision of laid M, Forrest Surrey and recorded in Volume 50, page 236, Dead Racerdss aid tract alto bsi dead to n! pa rt 51a true mown Ricardo, and also Din firer: a recorded 9usces laws Abney, Inc, e , and recorded in Yofumo 1183, pogo 351, Deed Records of Denton County, . Teess, and being more fully deseribsd is tollowar 6ginnln for the nottheramet northeast corner of Tract 02 being desertb~ horatns said plat else both$ the northwest corner of a tract /hewn by deed to White and reuerde in volume $95, pill 371 of the Denton County Decd Rttordsl ya, Thence South 05 degree/ 12 minute/ 29 second/ Vast, a distance of t; 247,91 toot to a potat tot tome, the sue being the southwest corner of said White troctl Thence South 67 degrees 31 mtsutas 35 second/ East, a distance of i . ' 161.91 riot to a point for comer, the same being the southeast toner of 814 Whits traetl ti , These South 00 dolrN/ 24 minutes 37 seconds West, a distance of 409,51 flat to a covernasnt Moouosat (Q63WW) for corners I f r Faye 2 of 7 u Thenee South 06 dsgrees 22 minutes 10 seconds East, a distance of 792.72 fact to s Government 40nument (Q-308-W) for earners i { Thence South 03 degrees 23 minutes 27 seconds West. a distance of 316.21 feet to a Government Monument (0-307-W) for corner, the some being the southeast corner of said Vuecea !lees Agency tracts Thence North 53 degrees 07 minutes 34 seconds (lest, a distance of 437.40 feet to a Government Monument (Q406-V) far cornea e Thence North AS degreas 30 minutes 54 seconds West, a distance of 306.29 foot to a Government Monument (Q-303-i1) for corners i Thence North 57 degrees 25 minutes So seconds West, a distaste of 448.62 feet to a Government Monument (Q-304-W) for corners i j Thence North 33 degrees 54 minutes 36 seconds West, a distance of 880.93 feat to a steel pin for corner to the center of abandoned 41! a j Road the sane being the most westerly aerthwast carnet of said Nuetas New$ Agency tracts Thence South 87 degrees 45 oltutes 43 seconds East, with the center of abandoned Mills load a distance of 1166.94 fat to a point f,r corners ` l Thence South 37 degrees 46 atouten 31 seconds East, s distance of 31,27 feet to a point for corners Thence Vorth 01 deiras 35 minutes 44 seconds Fast, a distance of III 335,63 feet ca s point for corner, the as" baton the southwest earner of a tract shove by deed to Mooraan and recorded to Volume 345, page ` y 305 of the Denton County Dead Rocerdes Thence North 69 dagroes 56 ainutee 33 seconds East, s distance of v !d $9.76 feet to a Tolat for corner, the some being the southeast corner i of said Moorman treett Thence North 02 legreeo 34 minutes $9 seconds East, a distance of 60.06 feet to a point Ed- corner, the saga being the northeast corner of said Moerwh tracts f noneo South 86 dagra. 33 minutes 35 seconds West, a distance of j 61.11 foot to a point for eornoro the saw being the northwest corner of said Mooraam tracts + Thane North 02 degrees 34 minutes 34 seconds East, a distance of 264.21 feet to a point for corner, the saw being the most northerly northwest eorwr of ASIA Nueess tracts P ` 40.21e fggot outht 81tMePotee et !glnnlns7and a eialnln~ 2S,6S0 ~ciii et 1 land. i~ N Iract All that eartate tract or Careal of land situated In the M. Forrest f survey, Abstract 'Iwber 417, and In the William Ouriwr Soeray, Abstract Number 330 Dahlias Cosaty, L111as and beta shorn by deed ea Lots 1, 2, and to Block F, of the sublivisien of said Forrest Survey, and roeerdod to Volvme 50, pas 236, Dead laeordal raid greet den i beinLpart of a tract shown b~ dead .s Lees L, Faheobach and Maori to u Nra rg, x! and reeerdw is Volt 153, pegs 624, Deed Aecordsl cart of 63tra d ~ by dead to lee Atwell and reworded to Volume 619, pap rdal ' Jr., and recorded ispVelumi 311, Palo shown . ad kocerdslland part of wi E tract show by deed to Tam Prouty, Truster, and recorded In Volume 1666, pap 761 of the loot Pro sky laords, Denton County, Texas, and being more fully described so followst 'i Pala 3 df 7 f I •M F.:k.,... ht,MhP ~!ti.'FpsY~ly it. Y::. { i q~ , J detfnning for the northeast corner of Tract ,'Number 3 betn . heroine so 14 point also belnt a covornment Aonuaont ` eornsrt (?-302!YcNbad ) for Ji Thence South 02 dooresa So minutes 06 uconds wt 1161,31 fact to m corarnmant Monunnt fQ-301- ) fores m dtetanca et f Thence South d0 degrees 71 sinutte 10 sec tornert 532,60 teat to • a Cora ends dam rnnnt Monumeat m-300-Y t, distance of f Theses South 37 dearess 22 minutes 10 satondetlau, orn a o rl distance of 106.29 leas to a Govern"" Meaunnt (Q.299-Y ~I j p Thence South AO dooress S9 minutes l 36 saoadshatorners $31.29 last to a Corernnot Monupnt (Q-296-Y a distance of Thence South )toe Cornett 277.90 lest to ~3 dogr ess S7 minutes 33 soeenda cast, a distance of Covernment Monm•snt (Q-297-Y) for cornett hence South 21 degrees So siautes 12 see distance o! 152.09 bat to a corirnasnt Monument (0.296-slVasco rneet Thrace South 296.62 09 degrNS 40 minutes 12 last to a Cowrasret Mom eseonds West, a distance of west (0.293-Y) for corn•rt hence Na"I 10 degrees 01 atnutes 36 a 256.99 lest to a corerarat Mon,wnt eeemds Vat, a distance (Q-291-4) for toresrt of `111 h13ence South 02 dearNS it minatos 17 seeeods went 1.66 hoe to a Cowrnaent Moawnt (0-293-6-Y) forocornerlsesnea a[ Mesa SoueA O2 dearNS 12 minutes 29 seconds west t 919.52 test to a Co►ornmeat Monument (0.293-Y) for eornsrt TAeato South 02 door NS 13 stoutdo 22 soeendo Vast, a q 135.33 foot to a Cororamest Monument (0.292-6-W ' distance of )for eerMry ~ Thence South 01 dearess 13 minutes SS astonds west, a distance of t 9U.09 test to the north line of $aid Atwell tracts Thence . South 63 dearoos 36 sloutos 31 , t 313.26 hat to the northeest torsat of sail Aiwlls~~acet diseases of t i hence South 02 dearess 17 minutes 130.26 lost to a stool plot 12 aseende weft. a distance of Thence South 61 dearNa 02 minutes 36 wands Waite a distance 66.21 test to a point tot tornert hence South 66 416"46 12 minutes 09 seeoads West, 111.15 test to a potat tot eornsrt os4 a disteaco of Thence South 54 de f 131.14 foot to s point forSConar~es 31 seconds West, a distance of voce North 63 dolts" 51 minutes 21 eseNdr West, a distance of { f6,16 hat tom 3 point for earnarr f 1 Theses North 63 dear" 31 814004 36 seeonde West, a of 114.69 toot is a pout for Corbett dlstexa Note South 23 topm 47 stout" 19 secdads West, s 232 of ry ,S0 lost to a point for cormort dteeanes yf hence South 63 degrees 37 aiartod Sa sseoods tact 149.31 test to a point for termed . a dlstases of GI ' r Iete 4 of 7 .r 4 Thence North 25 degrees 166.76 Gat to s 52 minutes OJ wconda Gat, a distance of polae for corners Thence South 63 dagrws St minutes 23 wands fasts a distance of 122.85 flat to a point for corners TAanee North 54 degewe 57 sinuses JO seeonda Gat, a 130,52 foot to a point for corned a distance of TAenee North 66 degrwa 11 alnutea 10 seconds East, a distance of i !01.62 foot to a polar for cerwry Thence North 61 dalress 02 minutes 34 ascends east, a distance of 62.71 feet to a Point int for cornett r Thence South 61 degrees 42 minutes SS wands East, a distance of IS.00 feet to a point for corners Thence South 02 degr+oa 17 minutes 12 aeconds woos, a distance of 1600,00 fat to a peiat for cornorl Thence South 26 doormen 16 minutes 16 seconds Vest, a distance of 276.05 foot to a point for tornert t Thence South 42 degrees 42 minutes 12 wands Vent, a distance of 220.14 toot to a faint for corer to the northeast right-ef-wey line of Fate-t" Aft goad NuaDer 4261 Thence t northeas rthht-of-way Ilse of aidtFsrrto-llrketaNo" Vas Numbera4 6. a j distace of 19.59 feet to a point for corsets 1 Thence Notice 46 degrees 56 minutes 46 aeeeade West, glen the t s northeast right-at-way line of said Fare-to-Market geed NumWr 418, a ' distance of 956.20 Get to a point of euvature of a tongwt curve to the left uAew radios is 710.61 test sod having a central eagle of 16 degrees 29 minutes 16 sscoade ad who" chord bests North 55 degrees 32 minutes 30 aoeands Yet, 203.79 beef Thence slong said tot" to the left, b are distance of 204.50 tees to r a point for corset! Thence North 03 degraes 02 stouts 21 seconds East, a distance of 1566.44 test to the northwest corset of laid Atwell tracts Theses North 64 degrees 39 minutes 33 seconds Peat, a distant0 of 411,15 toot to the awthrast corner of said Fdchombach and 6rarberg 01 n J0~6.01 toottto a steel piol minutes ssceede East, a distance of Theses North 02 destine 26 stoutsa 39 ascends test, a distance of 2126.91 feet to am oil eatmer of cold Fechealaeh and 6roaktg trsetl 2 11 once North 63 degraea 02 minutes 42 mends Vast, a distaste of WAS tat to a polat for e4rnerl f Rena North 03 dgrws 39 stouts 46 seconda vest, a distance of a r 10.33 test to a point for coresrl West, 63frn09 both to a dpoointa (or careers as the coad1o east right-ef-wj Cline of { Criss" Mandl yty to=s S of 1 I . . ..~n.4..tM+, MC ~t+'✓n.wak~irt.~.~,d.9kY11 pi,Wu"~E!Si3W .6w,.,-.. i , I I a Thence North 00 degrees 17 minutes 46 seconds fiat, a distance of 523.00 rest to a point for corners i Thence South 86 degrees 77 minutes 59 seconds fast, a distance of 669.42 test to a point for corners Thence North 16 degrees 33 minutes 34 seconds East, a distance of a 146,41 lest to a point for corners Thence North 82 degrees 39 minutes 34 seconds at, a distance of 710.15 feet to the southwsst corner of said Pt y tracts names North 02 degrees 30 minutes it seconds Get, a distance of 561,45 feet to a point for corherl { themes South 86 degrees 23 minutes 32 seconds East, a distance of 194,01 teat to a potat for corners Thence North 48 degrees 13 minutes 06 seconds lest, a distance of 28.64 feet to a polae for coraert Thence North 09 degree 28 minutes 52 seconds West, a distance of 72,59 feet to a pant for eornert Thence North 39 degrees 30 minutes 25 seconds Watt, a dletsacs of 81611 fiat to a potat for caramel R A Thence North 73 degrees 19 minutes 14 tecoods West a distance of 146,36 fen to a point for carnort ' Thence North 02 degrees 30 minutes 11 seconds last, a distance of 822,11 foot to a paint for corosri none$ South 81 do rose 04 stauceo 14 second@ East, a distance of 1431,14 fast to the Aoiot of 8egimnirs and containing 246.485 acres of } 11 1! rv rv'''i ~3 It"t All that certain tract or parcel of land /ituatod In the William + Durhes Surat, Abstract Number 330, Denton County, Taut said tract ' - bolas part of a tract shown by dead to Stn Atwell and recorded to s Volume 689, pule 81, Damd lmeords, and part of a tract she" by deed + to William S. Shaw, lr„ and recorded in Volume 377, pata 13), Dead Words of Denton County, Tesast and being more fully described as ' follewi 8e11nnin for the northeast corner of Tract Number 4 being hereto describe ~I said pole! also Was to the oouthwest right-of-way time of far♦t"rkmt Road Number 4261 d Thanes South 01 door se 41 ainmtee Al seconds West, a distinct of 1454,10 rest to a polot for torso!, the acme being the southmdet . ; corner of Tract Number 41 Thence North 87 degrade 06 mlautse 03 wands West, a dlstaseo of 1110.45 foot to a point for corner, the sum boles the southwest VA, corner of reset Number Al • r Thomas North OS dtgrdes 41 atsetaa 49 aoepldo last, a distance of + 2)23.19 feet to a point for darner, the SAM bsieg the northwest t~ . carMr (.1 said Trace Number 4 std it" bolas a point to the oosthweet rlght-of-wf stns of said Psn~to4%6*t load Number 4261 mid point aloe being a Pelee de a taapat earw to the right who" radios is f a 610.61 foot add hating a control Bell* of 08 1 fees 19 minutes 13 seconds, add uh"a chard bend Sestb $1 dosroea 27 minutes 26 seconds feat, 68.60 lose is 1060ehl ray. ~ ' ` 6 e! • i.w.r pr w .,,.,w n.....~„- .ar.. w........x .,_..:.r•. r.., ,.,.T,.. ire u'Ylk.s..LilJ.ii yFrJ4J'-'rJ kRa,:ur rv..s.V044VA•.AM. r r rye i `4 t Thence In s Southeasterly directto,,, .loot said curr+ to the rght, so +rt distance of b6,68 pet vith tie eouthwast right-of-wey floe of •etd form-to-M+rkat load 11uroLer 126 to + Point !or tornerl Thence South 46 degrees 36 minutes 11 saeende Gat, with the southwst right-cif-wy floe of meld Tern-t • of 9SS.S9 fast to a Point for cornrYet Pesd Nwber 126, a dtet+nc• I erl ' Thtdcre+Southh6 de ices 3 minutes 46 seconds test, conttasing with la ri y line, • distance of 313.62 !pt to the Point of 7 > 6eglnning 4e1 eontslaing i6 ,d$0 sores at land. r. C P.. ,5 a i 0.~ N l n, r 4 / 1 1 j J i 1 r 'A, 3 Gl.j I I 1^e. i1 j « A a1 +'r' y rd r r Y i 14 ~ . ~ is t y, t VA :f p togs 70l7 Ir. r by J1~1,,,p„~ .r of r y YN 4 ' d y r•. 'I L. 1 l I s J EXHIBIT "B" p~+ CONCr.PT PLAN FOR LAKEVIEW DEVELOPMENTS CONSISTING OF1 1. Conceptual Site Plan (1 pager f i 2. Statement of Intent 11 page)) and I 45Y 3, Development Standards (3 pages). I ..ti I ' tok 1 It t • Y Ilt I`, I 4 I f yd li i~ I~~ I YIU + ,r V i`~ d f y 1 .IVT~• i 1 11 f 11 W ^ r S r•: < .r Z-1779 { ,kiM"'e.4Yad'Mp7rlnv-.,. , , 41 t 1 t i, I ~ ~ 1 r :r:r • 1' ry rM1 77 ~ ~ 'rir #+r{i' 55 , u w Ili 40 v ;'r r rM1 1 1 Kfri}rr r 4'Tr}>>4ri} DEVELOPMENT CONCEPT i L r r r ~~r•;r{ I LAKEVIEW DEVELOPMENT r i • ~ ~ ~~i .lr~il~i ~ ►lirw~lli ~M 1 r x 4 i CONCEPT PLAN Z-1779 1. Statement of Intent. Millar of 'texas, Inc, is requesting ap'p'ro`vaT of a p'Tanned development for residential and non- residential uses. The property will be marketed as separate tracts and will be developed in phases, 1. Relation to Com rehsn3ive Plan. The property is identified as a ow ntens ty area accoi'g to the Denton Development Guide. Miller of Texas, Inc. Is requesting that moderate Intensity ' areas be created. Tne concentration and separation policies ? for multi-family and non-residential uses are violated. 36 Acreage, A 690.8 acre tract of land. 4, Land Uses. The existing land use Is agricultural. The proposed an uses include single Eamlly, aulti-family, cluster housing, office, neighborhood service, and retail. (Acreage provided in attached chart.) 5. Off-Si(e Information. Some information provided on concept r=an'. t Pt o~'nal information will be shown on detailed plan. 4. 6. Traffic and TransQortation. Specific information will be prov a prior-To- approval of any detailed plan. 7. Setbacks. The setbacks shall conform to the Zoning ordinance 'for `He specific district identified for each parcel. Parcel N has the following additional requirement: 100 foot setback from dedicated right-of-way with 50 foot perimeter setback. F" S. Si,~naie. All signs shall conform to the Zoning ordinance. 7 i.T Parcels C and K shall have no detached signs. + 9. Q na a and Utilities. Specific Information will be provided j prior to approval of any detailed plan, to. Tracts, open Space and Screening. Specific lo.ations will be included on deaf eo~plan is approval. 11. Development Schedule. A schedule in compliance with requirements o rt e To r of tH; Zoning ordinance shall be submitted with the detailed plan for approval. sA J M A f~ I f 0329o ' J , , 1 L CONCEPT PLAN PROPOSED MAXIMUM MAXIMUM MAXIMUM MAXIMUM MINIMUM OPEN PARCEL LAND USE ACREACE UNITS UARE FEET BLDG. COVERAGE BRIGHT SPACE IN ACRES A Single Family Attached 15.70 282 WA 40t 2 316 9 Multi-Par! +v MP-1 22,37 537 WA 401 3 2,2 C office 8,78 N/A 191,200 40t 3 N/A D General Retdil 17,91 WA 312,581 40t 2 WA E Multi-Paaily MP-1 16.05 385 WA 401 3 146 F single family Attached 11,47 137 N/A 401 2 112 " o Com unity tacil.lty 13,39 N/A N/A N/A WA WA r~ s single family } AF-10 39,30 137 WA 33% 2 WA i Single Family { s$-Y0 71.01 249 WA 351 2 WA k I'Y .....wuurr.nrv.`...ae4eiiMaqM.i i. rananplV.W:'MA•w.4. ~.~~r.._.. r .y. c p CONCEPT PLAN (CONY,) PROPOSED MAXIMUM MAXIMUM MAXIl47M MAXIMUM MINIMUM OPEN PARCEL LAND USE ACREAGE UNITS SQUARE FEET BLDG, COVERAGE HEIGHT SPACE IN ACRES J Single Family Detached 37,70 452 N/A 401 2 3.8. K Office 7.70 N/A 120022-9 401 3 N/A L Park 8.4 N/A N/A WA N/A 8,4 M General Retail 22,52 N/A 392,338 401 3 N/A N Multi-family MF.2 107,85 5,393 N/A 401 7 10,8 0 Single family Attached 14,41 115 N/A 401 2 1,4 P Cowunity Facility 9.21 WA N/A WA N/A WA p Q Single Family SF-7 82,89 331 N/A 351 2 WA R Neighborhood service 4.4 WA WA 401 2 N/A r i r" p Ji /4 CONCEPT PLAti (CONT.) PROPOSED MAXIMUM MAXIMUM MAXIMUM MAXIMUM , MINIMUM OPEN PARCEL LAND USE ACREAGE UNITS SQUARE FEET BLDG, COVERAGE HEIGHT bPACE IN ACRES 8 Single Family SF-7 71,62 286 N/A 351 2 N/A T single Family Attached 22.99 184 N/A 401 2 2,3 U Single Family Detached 24.72 297 N/A 401 2 2,5 V Single Family Attached 30,28 545 N/A 401 2 310 M single family Detached 30,16 241 N/A 401 2 3.0 t.r 03290 f Apr 1 1371L e, No. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, { TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ' ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, G AND AS SAID MAP APPLIES TO APPROXIMATELY 23.642 ACRES OF LAND LOCATED NORTH OF EDWARDS ROAD AND APPROXIMATELY 2,800 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO , PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-7" CLASSIFICATION AND USE FOR SAID PkOPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENrON, TEXAS HEREBY ORDAINS: 1 SECTION I. U That the Zoning Classification and Use designation applicable to all or part of the property described in Exhibit "A'+ attached hereto and incorporated by reference herein, is hereby changed M. from Agricultural "A+' District Classification and Use to Single Family "SF-711 District Classification and Use under the Compre- hensive Zoning Ordinance of the City of Denton, Texas. iln . hF SECTION 11. ;x 17 u The Zoning )lap 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, r " 69.1, be, and the same is hereby amended to show such change in District Classification and Use, SECTION III. OW Chat the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton Texas, and with reasonable consideration, among other things for the character of the district and for its i peculiar sultabil.tty 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 citl:ens. .A i i 2-1817/PAGE 1 y...v,,.p.... . an~J h.;,,..,, .v ._u::ru.a.vr.Y~':'-M Ih~[l~at+.ulr+-.1 ie. w.w. J p SECTION IV. N 1 ~ Any person who shall violate a prOvlsion of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall 4 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. 4Z SECTION V. M. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of " the date of Its passage. PASSED AND APPROVED this the day of 1987. r lr O MAY yw~ CITY OF DENTON, TEXAS Pw ,i= j 1 Q' ATTEST x k4f r , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY i CITY OF DENTON, TEXAS BY: 1 p! 9 r' Z-1817/PAGE 2 ;w ,r. N r Fpm 1571L I NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 23.642 ACRES OF LAND LOCATED NORTH OF EDWARDS ROAD AND APPROXIMATELY 21800 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO I PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-'1" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: s. 4 SECTION I. ' That the Zoning Classification and Use designation applicable 4,. to all or part of the property described in Exhibit "A" attached hereto and incorporated by reference herein, is hereby changed ' from Agricultural "A" District Classification and Use to Single Family "SF-7" District Classification and Use under the Compre- hensive Zoning Ordinance of the City of Denton, Texas, SECTION-11. r5 The Zoning Map of the City of Denton, Texas, adopted the ' 14th day of January, 19691 as an Appendix to the Coda of Ordinances of the City of Denton, Texas under Ordinance No. 696,19 be, and the same is hereby amended to show such change in f District Classification and Use. SECTION III_ ~NyN fa i. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive l plan for the purpose of promoting the general welfare of the r 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 a propriate uses of land for the `a maximum benefit to the City of Denton, Texas, and its citizens. Z-1817/PAGE 1 I d im AF n':c.yt.rcinMintiai •n I l SECTION IV. x Any person who shall violate a provision of this ordinance, j or fails to comply therewith or with any of the requirements i 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 f committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. i_ SECTION Y. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the Gity 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 ~iday of 1986. ? (T 5TffiFHEN3jfMATUK CITY 0 DENTON, TEXAS t= . ATTEST: CITY OF DENTON, TEXAS jl I.PPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY I F CITY OF DENTON, TEXAS BY: Z-1817/PAGE 2 Y v~7hW;itM:rrr ,tY4M-... w'. Rx a.'kau f . -ten' ~_I t I i 3 1 EXHIBIT "A" I All that certain 23.642 acre tract or parcel of land situated in the M- Gideon Walker Survey, Abstract Number 1330, Denton County, Texas; said y tract being shown by deed to William Knight Parker and recorded in Volume 488, pages 313 and 522 of the Deed Records of Denton County, Texas and being more particularly described as follows: ` ` Beginning for the southeast corner of the tract being described heroin r at an iron pin set in the center of a public road, said pin being the ' southeast corner of said Parker tract and the southwest corner of a tract shown by deed to C.W. Willis and recorded in Volume 950, page r.., 492 of the Deed Records of Denton County, Texass said corner being South 04 degrees 19 minutes 30 seconds West 15.5 feet from a concrete monument; I Thence North 85 degrees 20 minutes West with the center of said rood 123.60 feet to an iron pin set in ground; Thence North 79 degrees 35 minutes 40 seconds West with center of said road 296.87 feet to an iron pin set in the grounds s~ f Thence South 88 degrees 04 minutes 05 seconds West with center of said l road 116.46 feet to an iron pin set in the ground; for the southwest corner of said Parker tract, and being the southeast corner of a tract shown by dead to W.D. Smiley and recorded in Volume 774, page 854 of 't the Deed Records of Denton County, Texass Thence North 03 degrees 56 minutes 01 seconds East and passing a k concrete monument at 20.5 feet and continuing for a total distance of 1047,55 feet to fence corner posts ► Thence North 02 degrees 04 minutes 31 seconds Past 583.84 feet to an iror. pin found in the grounds 'thence North 00 degrees 15 minutes 53 seconds East 211.70 feet to < concrete monument found for the northwest corner of said Parker tract; Thence South 86 degrees 59 minutes 59 seconds East 627,98 teat to an aM,f it-n pin set in the ground; for the northeast corner of said Parker . r tract, recorded in Volume 488, page 5221 Thence South 05 degrees 35 minutes 29 seconds West 366.0 feet to an iron pin found in the grounds Thence North 89 degrees 47 minutes 12 seconds West 40.21 feet to an 'r. iron pin found in the ground; *a Thence South 04 degrees 19 minutes 30 seconds West 1501,29 feet to the Point of Beginning, A Ali Z-1817 6b- _L DATE, January 1986 CITY COUNCIL AGENDA ITEM a TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager i SUBJECT: CONSIDER ORDINANCE AUTHORISING THE EXECUTION OF SUPPLEMENTAL f AGREEMENT NO. 1 TO THE MONITOR AND RESEARCH CONTRACT BETWEEN THE CITY OF DENTON, CITY OF DALLAS, AND NORTH TEXAS STATE UNIVERSITY: AND DECLARING AND EFFECTIVE DATE RECOMMENDATION: The Public Utilities Board and staff recommends approval of the subject contract amendments. s j SUMMARY/BACKGROUND: On October 220 the Public Utilities Board approved the ptopowed modifications to the monitoring and research agreement with the City of Dallas and North Texas State University. The proposed supple- mental agreement provides (1) an amended scope of services: (2) an ,xtension of the contract for twenty-four months to January 31, 19891 13) that additional costs incurred will be shared by Denton and Dallas, with Dallas paying 711 of the total fees invoiced, and Denton paying 261 of the total fees invoiced (not to exceed 490805)) ,Y that the contract provisions are revised to include new not to :J exceed amounts (see attached)1 (5) that all other terms of the a, 1 contract between the City and the Consultant remain in full force and effect. ^d 1 FISCAL IMPACTS Denton'a participation cost in the extenxion of this project 14 #9,805.00, { E{' Respec lly submitted! I rr ' Prepared by: Ci Manager E, Nelson .J Director of'Utlltties :a Approved! 4 I me d*. CJ IIIII R, to Nelson Director Utilities E Attachment 1. Ordinance ' 2, Supplemental Agreement Not 1 3, Proposed Change Order detail r 44 Monitor and Reseach contract 5. Minutes PUS-10/22/86 LJ.. d':1 .raiF,=,tv+r l:rw mrti~:. . ib7SL f i NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE MONITOR AND kESEARCH CONTRACT BETWEEN THE CITY OF DENTON, CITY OF DALLAS AND NORTH TEXAS UNIVERSITY; AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. f That the City Manager is hereby authorized and directed to execute Supplemental Agreement No. 1 to the Monitor and Research Its Contract between the City of Denton, the City of Dallas and North Texas State University under the terms and conditions being contained in said agreement, a copy of which is attached hereto and made a part hereof. { SECTION II. t a That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the 6th day of January, 1987. RXY O MAYOR " CITY OF DENTON, TEXAS t AT"IEST. f,. _ ,t• ETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: V "F DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I J y CITY OF DENTON, TEXAS I i BY: .lt/l, ~l1111't•Y~ I ,r . d, i I i 144%Wffi-401';RMANENT ntZ 863699 THE STATE OF TEXAS ) SUPPLEMENTAL AGREEMENT NO. 1 TO CONTRACT COUNTY OF DALLAS ) THIS SUPPLEMENTAL AGREEMENT NO. 1 to that certain Contract, dated -August 14. 1985 , ("the Contract") by and between th6 CITY OF DALLAS, TEXAS, a Texas municipal corporation, i hereinafter called "DALLAS," THE CITY Of DENTON# TEXAS, a Texas municipal corporation (hereinafter called "DENTON") and NORTH TEXAS STATE UNIVERSITY, a non-profit State institution of higher education, with offices at Administration Building, North Texas State Uniyersity, Denton, Texas 76203, hereinafter called "INVESTIGATOR,' evidences the following: f i 1. The scope of services is hereby amended as follows: INVESTIGATOR agrees to perform the additional services in r accordance with its proposal letter dated August 20, 19861 attached to and made a part of this Supplemental Agreement as Exhibit A. { N' 24 The term of the Contract is revised as follows: " All work under the Contract shall bo completed by January 31, 1959, ;I r , v, 1 p . w 863699 3. The Contract is further amended as follows: The additional costs incurred under this Supplemental Agreement will be shared by DALLAS and DENTON# with DALLAS t paying 74% of the total fees invoiced (not to exceed $27,907, increasing DALLAS' total share for the Contract to a not to exceed amount of $69,955) and DENTON paying 26% of t the total fees invoiced (not ko exceed $9,805, increasing DENTON'S total share for the co:itract to a not to exceed !i amount of $24,578). ti 4. The Contract payment provisions are revised as follows: s + i4 Original Contract Amount: not to exceed $56,821 Revised Contract Amount Die to previous Supplemental Agree- ments through : not to exceed $ N/A Increase Due to This Supplemental Agreement: not to exceed $37,712 New Contract Amounts not to exceed $94,533 5. All other terms, provisions, conditions, and obligations of hr~r the Contract between the CITY and CONSULTANT shall remain in full ' force and effect, and said Contract* as same may have previously been amended, and this Supplemental Agreement No. _ 1 shall be l construed tdgether as a single contractual agreement. { n+ 2 { , 9 Y IF'Y ~1d• - Ili j t LA.y...__ 863699 I Executed this 3rd. day of December 1986 the CITY i acting through its City Manager, duly authorized by Council Resolution No. 86- . approved on December 3 1986, and by CONSULTANT, acting through its duly authorized officials. ' - APPROVED AS TO FORM: CITY OF DALLAS ANALESLIE MUNCY RICHARD KNIGHT, Jr. City Attorney Acting City Manager BY Assistant City Attoi bmne BY Assistant City Manager shit~ed to City An 1 ~ f CITY OF DENTON INVESTIGATOR: NORTH TEXAS STATE UNIVERSITY . P y - BY BY 1 9 E City Manager Name Title APPROVED AS TO FORM i ~ , 8Y l C Attorney 9340H r. 3 it CITY OR DENTON 01PA"WNT OF WAM AND W"V1 WATIA y'MAKA/ as E NTRA WARN ensu P*"GTt Limnological Studies on Lake Ray Roberts CONTRACT: Monitoring and Research Contract j OWNER: City of Denton, City of Dallas E CONTRACTOR: North Texas State University 1 i CNAMW ORDER: 61/t'rdinance 185-134 DATE: October 221 1986 Kv p , EM"81 ON NXIMA WWK Ts R~ 1RA■A • i ; 1. Extend the current Monitoring and ;;search Contract twenty four (24) months to January 31, 1989. 2, Reduce the number of monitoring stations from thirteen (13) to eight (8) stations and reduce sampling frequency to one sample per station per month. KTJ 1 ~ 3. Require quarterly progress reports until project termination on ' January 31, 1989. 4. Require submisAon of Phase 2 Final Report no later than January 31, 1989 w 1 I r MIEVMS CONTRACT AMOUNT: Total ;56,821, Denton share (262) $14,773 Dallas share (741) $42,048 k MY WOREAU) (DECREASE) IN CONTRACT AMOUNT: Total $37012 Denton share (262) $9,306 r" Dallas share (74x) $27,906 REVISCD CONTRACT AMOUNTt Total $94,533 k Denton share (26X) $24,579 Dallas share (742) $69,954 f REVISED CONTRACT TIME OF COWLIT1001 i ` . January 31, 1989 AMIOVID Syl CITY ENGINEilI WTI.", Of UTILIT110 0101. OF UTILITIOS rx CONT'AACTOA ~c ' JJ ; r ~ I rr 8526( ,a S 3" ~ Q i f THE STATE OF TEXAS COUNTY OF DALLAS } MONITOR AND RESEARCH CONTRACT COUNTY OF DALLAS THIS CONTRACT is made and entered into by and between the CITY OF i DALLAS, a municipal corporation of Dallas County, Texas, (hereinafter called "DALLAS"), the CITY OF DENION, a municipal t corporation of 'Denton County, Texas (nereinafter called "DENTON") and NORTH TEXAS STATE UNIVERSITY, a non-profit State institutl-i~n of . higher education, having its principal place of business at the v k; Administration Building, North Texas State University, Denton, Texas, 752031, (hereinafter called *INVESTIGATOR.). PURPOSE It is to the mutual benefit of the DALLAS, DENTON and the r INVESTIGATOR to enter into a cooperative program of Limnological ! Studies on Lake Rey Roberts for the purposes of pursuing monitoring, research and training related to water quality. This contract" is w{' formulated to state the terms and conditions under which the INVESTIGATOR shall, through its Institute of Applied Science and d Aquatic Sciences Program in the Department of Biological Sciences, conduct research and monitoring to assist the DALLAS and DENTON in implementing the aforesaid Cooperatide Program of Limnologiaal j Studies on Lake Ray Roberts, r 1 4 , 8526 i 2. ADMINISTRATION DALLAS, acting through its Director of Water Utilities, ' (hereinafter referred to as R Director shall be responsible for administering and enforcing the terms of this agreement on behalf of •g, DALLAS and DENTON. DENTON shall be consulted beforehand as to any rr question involving interpretation of the terms of the agreement, f' DENTON'S consent, where required undar the terms of this Contract, shall not be unreasonably withheld, 3. DESCRIPTION OF SERVICES INVESTIGATOR'S, services shall be rendered for the purpose of ' conducting water i quality monitoring and research at Lake Ray Roberts In the following aresse a. Development of baseline water quality data in the streams feeding Lake Ray Roberts, b. Development of a nutrient budget for the rautevoir, quantifying sources and sinks of phospnorus and nitrogen, co Development of a relationship between land uses in the watershed and nutrient loadings to the reservoir, } d. Development of a eutrophication model for Lake Ray Robert$ 6s , , predicting trophic status through time, j A detailed description of the services to be rendered by the INVESTIGATOR is contained in Exhibit A, and Exhibit a is the k ll 2 1 f a'WrRC~wv .JSrN ✓YM f.m J f Y 8526 proposed budget for the services. INVESTIGATOR shall perform all services as set forth in Exhibit Al E provided, however, that where the terms of Exhibit A conflict with 1. the terms of this Contract, the terms of this Contract shall be final and binding, i ± INVESTIGATOR shall make written progress reports on the activities f conducted under this Contract every three months, and shall submit a final report at the conclusion of this Contract, ,j INVESTIGATOR shall deliver all data, reports and documents which result from its services to the Director in such form to to y .y satisfactory to the Director. A copy of all such documents shall t slab be forwarded to DENTONs a 4, PERPORNANCE or SERVICES INVES':,IGATOR and its employees or associates shall perform all the services under this contract. The principal i employees/aasooiatss under thin Contract aces s'nAr Kenneth L, Dickson David A, Pillard INVESTIGATOR represents that all employees or associates who perform w° services under this Contract shall be fully qualified and competent tb perform the services described in Section 2s INVESTIGATOR agrees A 3 is I 8526( 1 c k f v d' 1 that it will use its best efforts to perform services under this Contract In a professional manner, S. TERM i Work under this Contract shall commence on or about August 10 1985 and continue for eighteen (18) months, All work shall be I completed by January 31, 1987. All services, written reports and other data are to be completed and delivered to DALLAS and DENTON by the stated dal.* unless an extension of time, based upon good reasons presented by INVESTIGATOR, is a ! , pproved by the Director. e + 6. PAYMENTS p In consideration of the professional services to be performed by E the INVESTIGATOR under the terms of this Contract, DALLAS and DENTCN Shall pay INVESTIGATOR a fee not to' exceed X56,821, unless later . amended by mutual agreement in writing, approved by the Dallas and f Denton City Councils. ~*nls fee is to be paid to iNVESTlGATO.2 based t j upon monthly invoices to DALLAS and DENTON showIng actual services ;a rendered, consistent with the budget described in Exhibit 8, ' Payments to INVESTIGATOR shall be In the amount shown by the a billings and other documentation submitted and are subject to the K' Director,$ approval. All services shall be performed to the satisfaction of the Director and DALLAS and DENTON shall not be f liable for any payment under this Contr , ast for services which are unsatisfactory. and which have not been approved by the Director. s The final payment E i 8526, y' due hereunder will not be paid until all reports, data and other documents required under this Contract have been received and approved by the Director, The costs incurred under tnis Contract will be shared by DALLAS and DEN11ONo with DALLAS paying 741 of the f` total fees Invoiced (not to exceed $12,0e8)e and DENTON paying 261 Ft~<' of the total fees invoiced (not to exceed $11,773), DALLAS, as administrator of this Contract, shall make payments under this ( Contract directly to INVESTIGATOR, and DENT014 Shall reimburse DALLAS monthly for DENTON'S proportionate share of those payments, w; 7. CHANCES IN SERVICES DALLAS through Its Director, with consent of DENTON# may request from time to time changes in the scope or focus of the activities, investigations and studies conducted or to be conducted by I INVESTIGATOR pursuant to this Contract. Any such change which j varies significantly from the scope of services set out in Section 2 and would entail a significant increase in cost or expense to INVESTIGATOR shall be mutually agreed upon uy INVESTIGATOR and the v Y~ Director. Changes in the scope, which in the opinion of ~7A IMILSTIOATOR and the Director would require additional funding by ~C DALLAS and DENTON, must first be authorited in advbnce oy resolution of the Dallas and Denton City Councils. ; ` F? 8. CONYIDENTIAL WORK ' I No reports, information, project evaluation, project designs, n, e r 6526 data or any other documentation developed by, given to, prepared by or assembled by INVES•PIGAiOA under this contract that contains confidential information belonging to the DALLAS or DENTON shall be disclosed or made available to any individual or organization by INVESTIGATOR without the express prior written approval of the P. Directors I 9, OWNERSHIP OF DOCUMENTS 4 Upon acceptance or approval by DALLAS and DENTON, all reports, data and other documents given to, prepared or assembled under this r'. Contract by rNVESTIGATOR, and any other related documents or items j shall become the Sole property of DALLAS and DENTON and shall be delivered to DALLAS and DENTON, This section shall not be construed, however, to prohibit INVESTIGATOR from using the information for the purpose of composing and publishing the doctoral dissertation of David A. Pillard, provided that the information is not used for any commercial purpose. INVESTIGATOR may also make copies of any and all documents !cr its files, 10s CONSULTANT'S LIABILITY Y .4 Approval of DALLAS and DENTON shall hot constitute or be deemed ~ a release of the responsibility and liability of INVESTIGATOR, its employees and associates, for the accuracy and competency of their studies, designs, reports, information' and other documents, or services, not shall approval be deemed to be the assumption of such 6 , 41. JP P _ 'Y 1 8526 1 ti responsibility by DALLAS or DENTON for any defect, omission, error ~h•: or omission in the documents prepared be INVESTIGATOR, Its employees or associates. 11. INDEMNITY To the extent allowed by the law of the State of Texas, ' INVESTIGATOR shall defend, Indemnify, and hold DALLAS and DENTON ' whole and harmless against any and all claims for daisages, costs, and ' expenses to persons or property that may arise out of, or be occasioned by or from any negligent act, error or omission of }s. INVESTIGATOR or any agent, servant, or employee of INVESTIGATOR in the execution or performance of this Contract. 12a RIGHT Or REVIEW DALLAS and DENTON may review any and all of the services performed by INVESTIGATOR under this contract. i 13. CONFLICT OF INTEREST OF CITY EMPLOYEES The following section of the charter of the City of Dallas shall be one the conditions of, and a part of, the consideration of this x contract, to-wits a "CHAPTER XXII. SEC. II. !'INANCIAL INTEREST OF EMPLOYEE OR ;j s~ OtfICER PROHIBITED No officer or employee shall have any f financial lnterest~ direct or indirect, in any contract with the CITY of be financially interested, directly or indittotly, in k f 1 i 14i r d; yF Tt• 1 ~d 8526 y i i , ? ! the sale to the CITY of an i Y land, materiels, supplies or services, except on behalf of the CITY as an officer or t employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty ! r. thereof shall thereby forfeit his office, and any officer or employee guilty thereof Shall thereby forfeit his office, or f position with the CITY. Any violation of this sections with t knowledge, express or implied, of the person or corporation .4 i contracting with the CITY shall render the contract involved • voidable'by the City Manager or the City Council, The alleged violations of this section shell be matters to' be determined either by the Trial Board in the case of employees who hev* the right to appeal to the Trial Board, and by the City Council in the case of other employees." ' 11. NONDISCRIMINATION As a condition of this Contract, INVESTIGATOR covenants that INVESTIGATOR will take all necessary actions to insure that, in connection w ith any work under this Contrast, INVESTIGATOR, his associates and subcontractors, will not discriminate in the treatment or employement of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, I or physical handicap unrelated to job performance, either directly, . indirectly or through contractual or other arrangements, in this regard, INVES11iGATOR shell keep, retain and safeguard all recordr, 8 i 1 .My' •.as:,.l~:a...sa. ?.~.6tso.i's. ia.w ew~^~`-" w ; : P J R 8526 a , relating to this Contract or work performance hereunder for a minimum period of three (3) years from final contract completion, w with full access allowed to authorized representatives of DALLAS and DENTON* upon request, for purposes of evaluating compliance ++ith p this and other provisions of the contract. j i fi E 15. CONTRACT PERSONAL u. This Contract provides for personal and professional services, l and the INVESTIGATOR shall not assign this Contract, in whole or in part, without the prior written consent of DALLAS and DENTON. TERMINATION R v, DALLAS, after consultation with DENTON, or INVESTIGATOR may terminate this Contract upon thirty (30) days written notice to 3 r~ other party with the understanding that all services being performed under this Contract at sole cost to either shall cease upon the date specified in such notice. INVESTIGATOR shall invoice DALLAS and % s DENTON for all services completed and shall bo compensated in accordance with the terms of this Contract for all services performed by INVESTIGATOR prior to the date specified in such notico. 17. NOTICES r_ All notices, communications, and reports required or permitted under this Contract shall be personally 'delivered or mailed to the respective parties by depositing some in the united states mall, y . 9 f fir' ' ' 8526( Postage prepaid, at the address shown below, unless and until either patty is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as ` of five days after mailing. It Intended for DALLAS, tot Fred Stone Manager, Research i Development' 1020 Sargent Road Dallas, TX 74216 ` It Intended for DENTON, tot city manager a City of Denton Municipal Building Denton, Texas 76201 It Intended for INVESTIGATOR, to; be, Kenneth L, Dickson Director, Institue of Applied Sciences i North Texas State University NT Box 13078 Denton, Texas 76203 INDEPENDENT CONTRACTOR In performing services under this Contract II , INVESTIGATOR is performinq services of the t r,x 'F YPe performed prior to this Contract, ;t? and DALLAS, DENTON and INVESTIGATOR by the exo.cution of this Contract do not change the independent status of INVESTIGATOR, No r term or provision of this Contract or act of INVESTIGATOR in the performance of thine Contract shall be construed as making i INVESTIGATOR the agent, servant, or employee of the DALLAS or DENTON@ 4 f 19~ VXNUE The obligations of the parties to this Contract are performable. 10 ' k` A ' 1 1 1 n. % l 8526 in Dallas County, Texas, and if legal action is necessary to enforce a some, exclusive venue shall lie In Dallas County, Texas. 20. APPLICABLE LAWS A This Contract is roads subject to the provisions of the Charter and ordinances of DALLAS, as amended, and all arplicable State and federal laws. 21. COVORNINa LAW This Contract shall be governed by and construed in accordance ?n with the laws and court decisions of the State of Texas. 22. LEGAL CONSTRUCTION in case any ono or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal; or unenforceable in any respect, such Invalidity# Illegality, or 1 unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or X unenforceable provision had never been contained in this Contract, I , 23, COUNTERPARTS This contract may be executed in any number of counterparts, i sb. each of which shall be deemed an original and constitute one anA the same instrument. , ~r r' , , ~ 11 y 8526, l 24. CAPTIONS The captions to the various clausew of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. E 25s SUCCESSORS AND ASSIGNS ' This Contract shall be binding upon and inure to the benefit of r, the parties hereto and their respective hairs, executors, administrators, successors and, excopt as otherwise provided in this Contract, their assigns. s 26. ENTIRE AGREEMENT .,his Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein cannot be modified F s-tthout written agreement of the parties to be attached to and made ' a`psrt of this Contract. ! ExECUTED this day of , 198. by DAV A"; signing by and through its city manager, duly autorized to execute same by Resolution No. , adopted by the City Council 4 on and by DENTON, signing by and through its City Mtnager duly authorized to exscGte same by ordinance k. 12 ^7 a.~t JJ.A.n4i..•t w . , f 9611 T ~ Y 8526( t 9 No. , and by INVESTIGATr)R, NORTH TEXAS STATE UNIVERSITY, through its duly authorized officials. a. kR, APPROVED AS TO FORM: CITY OF DALLAS Ansleslis Muncy, City Attorney CHARLES S. ANDERSON City Manager BY BY Asa s ant C y A orney - Assistant City Manager SODmitied io Cdy Ahom CITY OF DENTON INVESTII;ATORi NORTH TEXAS STATE UNIVERSITY y - B ~.R.~c...~. y{ _ City anager Yiems o er d2 Ou Ous e ` Title Provost APPROVED AS TO FORM: L ' y Attorney 9639D a6 i j 13 r 85`6 r f i EI EXHIM A , , k~ 6• y J Iti f s ~ ~ ` 141 h f 0s a to p5~ s r ~.r sa a a,~ , #z y 5 a ;u t. 8,526 i N ~ i A Proposal for i Are-Impoundment Estimations of Nutrient Loading to Ray Roberts Lake and Prediction of Post-Inundation Trophtc Status F 1 F by s `t Kenneth L. Dickson David A t, P111ard ` Institute of Applied Sciences { f Department of Biological Sciences North Texas State UnNersity I r s` P.a. Box 13078 Denton, Texas 76203 t . Mayo 1985 F 4 1 . r...~•.r.`xl•3i: ..R V'C.crprp.A..i. i'.:a.:+r h t 85260 u, Pre-Impoundment Estimations of Nutrient Loading to Ray Roberts Lake and Prediction of Post-Inundation Trophic Status s INTRODUCTION The water supplies of the United States are under Increasing pressure. As agric:ltural, municipal, and industrial requirements grow, water sources are being seriously depleted. This is especially true in arid regions. Even in mesic areas, however, decreasing supplies, associated with posslbls groundwater contamination are forving development of new sources. f To compensate for this reduced supply and to meet rapidly growing kµ•. demands, surface water is often utilised as both a municipal and t industrial source. In areas which lack naturally occurring lacustrine systems, the construction of artificial reservoirs on existing rivers is common, The purpose of the reservoirs is primarily four-fold (NCTCOO, 29M., 1) Supplying water for municipal and industrial use 2) Contact recreation J) Noncontaet recreation h ~if4r 1 'J 4) Propagation of fish and wildlife Reservoirs, therefore, are not only designed to be a primary water supply, but also act to generally inerease the aesthetics f. and suitability of an area for wildlife. C yp 8526( The importance of surface water to North Central Texas cannot be overemphasized. Texas' population has increased j dramatically, with•a 1531 growth between the years of 1900 and 1950. A population of over 4,066,000 is projected for the year 2000 in the Dallas/Fort Worth Standard Metropolitan Statistical Area (NCT000, 1981). ;a. Based on socioeconomic conditions, therefore, it would be beneficial to have an intimate understanding of reservoir ~T. dynamics, both biological and chemical. Such knowledge would ' facilitate present and future management of available resources, which would, in turn, enhance water ' quality and usability. rn r' addition, such understanding is desireable under section 316-A of the Federal Water Pollution Control Act of 1972 (Public Law 92-S00), which requires states to classify water bodies according to the degree of eutrophlcation (Lee st al., 1978). Although considerable research has been directed towards analyzing the effects of potentially harmful xsnobiatic substances entering aquatic systems, water quality problems ~;y 1 related to excessive nutrient loading are also of concern. While eutrophication is a natural process, it is not necessarily a ~ desireable one, particularly in terms of municipal water use. a Anthrogenic hypereutrophication often accelerates and aggravates ~j the problem. i ~ Often the most noticeable sutrophication-related problems are those related to algal blooms, particularly those associated with 2 a 1 i r! 85~g0~` eyanophytes and actlnomyeetes, C ano h tee ~ Y P Y produce certain metabolic chemicals {i e., geosmin and msthyllsoborneol) which ' ~ ~ ~ can directly attset•water quality by eauslnq undeeiraable taste ~ ~ and odors. Although various t►,sories haw bean s Proposed to ~ explain blue-green blooms more recent studies have indicated i that blooms may form as a result of low H;p ratios (Schindler, 1977; smith 1983) and low carbon dioxide concentrations {related a- to PH) {King, 1970; Shapiro, 1873; Paerl and ustach, 1982), whfeh era asaoeisted with sxcessiw nutrient ~„A_ loading and strttitication, Tests and odor problems are often ~spscially f serious fn Texas reservoirs {pwU and UTD, 1977), Both biological and physical methods have been employed, with varyin 'de q 9reas of ~ ~ success, , r to eliminate taste and odor problems {gflvey and ~i ! Sietderman, 1969; Symons st al „ 1470;. ' Lorenzen and Mitchell, ~ 2975). Recant investigations have discovered that autrophication ' s+aY ■ti~oulate tormatlon of trihalomethaness (e,q „ ehlorototn) (Jones and Les, 1982s Lee and Janes, 1983}, ' Various methods have begin developed for measuring thr trophlc ' ' status of a watarbod Y. Techniques .have included fish yield {Hanson and L~ggatt, 1982) and aquatic macrophytas {Canfield et ~ al. ~ " 1381 However, the best estimator of fro h I "w^~ ~ bean to~:nd to bs ehloro h 11 a Pis statue has ~ I ,s P Y {Jonas and Lie, 1982), Nevartheleea, it is necessary to relate any trophic indicator to - ~ i ~ nutrient loading. Carlson'a widely used trophlc state index used n t•; varleus equations to interrelate ehiornphyll a to I ` M°. Phosphorus ` 3 , 1 < €L d r 'c ~ _ i ' p ~ ' a~ ~ ' i ~ ' ~ ~ 1 8526( . conc9ntration a well as secchi depth (Carlson, 1977). E i Both phosphorus and nitrogen play critical rolls algal growth and, subsequently, eutro hication. p Phosphorus has generally been found to be the most important nutrient in terms of trophic {`r status, since it is usually limiting. In Texas reservoirs nitrogen becomes limiting, for the most part, only in cases of f ~ extreme phosphorus loading, particularly as a result of domestic sewage (DWU and UTD, 1977). g~ 1 `i Nutrient sources can be divided into 2 large categories: 1) Point sources and 2) Nonpoint sources. The most significant i point source for most lakes comes from wastewater treatment s " effluents (Raab and Lee, 1983). Nonpoint sources can be separated into the following compartments (Uttormark, 1971): 1 1) Groundwater 2) Surface water s` A) Streamflow b) Overland Flow 3) Precipitation t 4) Dry Fallout 3) Miscellaneous a) Waterfowl ; b) N-Fixation Nonpoint sources generally contribute only a small proportion of the nutrients available for use By phytoplankton, although they may contribute a larger amount of the total nutrients, to q r r 85261 { Lake Rey Hubbard, for example, it was found that 63.64 of the total phosphorus and 411 of the total nitrogen was contributed by nonpoint sources (DWU and UTD, 1977). However, point sources were responsible for as much as 751 of the dissolved inorganic phosphorus. Atmospheric fallout may contribute notable amounts of nutrients, primarily nitrcgen. During the Lake Ray Hubbard study data indicated atmospheric (both dry and rain) inputs accounted ` for only 0.71 of the total phosphorus but 18.01 of the total % nitrogen (DWU and UTD, 1977), other studies have presented a` similar results (Uttormark, 1974), although Murphy and Doskey (1975) and Delumyea and Patel (1977) suggest precipitation contributed significant amounts to the phosphorus budget of Lake Michigan and Lake Huron, respectively. However, the degree of contribution varies considerably with the system and its geographic location (Uttoimark, 1974). -sJ S Release of nutrients from sediments may also influence Ph* total phosphorus budgets of lakes. Bannerman at al. (1975) i indicated sediments contributed about 101 of the total phosphorus load in take Ontario. Other researchers report evon higher phosphorus inputs by internal loading from sediments (Cooke at a1•. 19771 Gunnison at al., 1984). rn smaller lakes, however, external source' may reduce the importance of sediment contributions, Anaerobic hypolimnetie conditions may tend to increase phosphorus eelrase from sediments (Bannerman at al., r1 ~ . a 85 6608 1975: Nurnberg, 1984)• It is transport (rather than just release) of phosphorus into the photic sons by diffusion and turbulent mixing that will influence algal productivity, `s Leaching from soils and substrata may also be important in r ,I contributing nitrogen (Austin and Lee, 1973: Brezonik, 1973). However, the release of nutrients, particularly phosphorus, may j be balanced by nutrient sorption to the sediments and thus loss from the water column (Sonzogni of al, 1976: Lee et al., 1978). Nutrient inputs from waterfowl or nitrogon-fixation probably. ' play a very minor role in most lentle systems. The importince of k, these factors may increase, however, ~ in smaller lakes and pond:. i j Land utilization will often affect nonpoint nutrient runoff. least and Los (1978) in examinations of several lakes worldwide found that phosphorus runoff from urban areas was mach higher t than from Mural/Agricultural or Forest areas. Bresonik (1973) Integrated inftrmation from several sources and found similar results. While phosphorus was higher from urban regions, 11 inorganic nitrogen, however, in runoff increased with agricultural use, particularly as a result of the application of r fertilisers (Brezonik, 1973: Uttormark of ai., 1974; Omernik, 19781 Rast and Lee, 1970). The use of mathematical models has become wiry important in Ptaassessing water ~ quality and thus in managing a system. .Several ' models exist utilizing various paramours and having a wide range ~r of complexity. Generally, however, models may be divided into 2 T 6 ^r r 5 E • I p 8526 types (Rest et al., 1983). i Dynamic models are, essentially, a series of interrelated differential equations which describe the biological, chemical and physical reactions and interactions governing aquatic plant ' growth (usually phytoplankton). Theca modsls encompass many driving forces including not only nutrient loadings but light and temperature as well. Dynamic models usually require extensive data collection and are ad!usted to specific waterbodies. tf . Statistical (empirical' models are statistical regressions which quantify cause/effect relationships. rn these mndela an effect (usually algal chlorophyll a) is plotted against a cause t~ (e.g.. phosphorus loading) and a line of best fit is drawn f through the various points. These models require leas data s~ collection and are usually widely applicable. i. ? Vollenweldsr (1968, 1969, 1975) settled on total phosphorus as the best predictor of resulting planktonic algal concentrations. Original models normalized phosphorus by mean depth. Later models, huwever, took into account the importance of hydraulic residence time. Vollenwaider (1976) developed the following statistical correlation for phosphorus normalizations „a (L(p)/( /tw))/(1 .V~tw) where L(8) areal annual P loading i s . mean depth , i ra= tw hydraulic residence time 7 ILI '852s( { Hydraulic residence time, while appropriate for conservative elements, may not necessarily be applicable when dealing with nonconservative elements such as phosphorus (Sonsogni et al, 1976). For these elements it is necessary to take into account losses in the lake or reservoir through mechanisms other than the main outlet, specifically, losses to the sediments. Therefore, the basic equation: V(dc/dt) Qci-Qa j where, V ■ volume of waterbody Q ■ volumetric flow rats `t5 ci constant influx concentration c concentration in lake must modified to include internal losses, V(dc/dt) Qci - Cc - kcV # where: ;i k ■ internal rats loss constant ;a Relating phosphorus concentration to mean depth and phosphorus residence time would then allow for a better prediction of algal I i chlorophyll a concentration. Nevertheless, hydraulic residence time is still recognised as being critical in impoundments. Dillon (1975) recognized the importance of flushing time, especially to impoundments in i series. An impoundment that has been 'constructed upstresa from, 3 but inclose proximity of, another impoundment may notably affect m . F _ v 85261 STUDY AREA Ray Roberts Lake i Ray Roberts Lake is presently under construction by the U.S. Army Corps of Engineers. It is located in the northeast corner of Denton County when completed it will extend into Cooke and Grayson counties as well. The Ray Roberts Dan is earthen and ' located just below the confluence of the Elm Fork of the trinity River and Isle duBoie Creek, a pproxltaately 18.3 km (JO miles) t above Lewisville Lake dam at Elm Fork river kilometer 88. Estimated dimensions and capacities of the reservoir are given in Tahle 1. r ' Wh,en.complrced the reservoir (Fig. 1) will cover an estimated 11,877.95 hectares (29,350 acres) at the conservation pool and t. 14,933.43 hectares (36,900 acres) at the flood control pool. In . 7 addit.(on to the typical reservoir uses already mentioned, Ray Roberti Lake will supply hydroelectric power to the city of Denton. Water will be supplied to Dallas and Denton in a ail ratio, respectively. f Present Area The two main' tributaries of Ray Roberts Lake will be the Elm Fork of the Trinity River and Isle duaois Creek (Fig. 2). The III reservoir will cover the Trinity River and Isle duBois'channels for approximately 26 river kilometers. Several other minor 10 .ANA..., e.. I` f 8526 0 ICE i r tributaries, many of which are seasonally ephemeral, will also be inundated by the reservoir. This 2 primary tributaries represent different soil t Ypes and characteristics. To the west of the Trinity, clayey and loamy I prairie soils (Grand Prairie predominate whip sandy soils of the savannahs (Eastern Cross Timbers) are characteristic of the Isle duBols basin (Fitzpatrick st al., 1972), I' The Ray Roberts drainage basin is, at the present time, primarily agricultural. The approximate land use p;oportions are F (T.D.W.R., 1960: Dry cropland: 751 Rangeland: 201 s Forestland: 3% ' Urban Buildup: 21 if -1 several sources place treated water into the 2 main streams ti,y 4L': as well as some smaller tributaries (:iq. 3; Table 2), Municipalities place the majority of water into the systems. During low summer flows the ~ majority of water in the Trinity . can be derived from discharged water, primarily from the city of y Caineville. The Elm Fork of the Trinity is eater quality limited ' and is ranked 21 by the Texas Department of Water Resources, - indicating reasonably high priority for water quality controls J ' (T.D.W.R. , 1983). ; ll 1, 85260 'E i OBJECTIVES Stream sampling To,quantify the nutrients which wial regularly be entering i Ray Roberts Lake, tributaries will be sampled. In addition to i the 2 main streams, the Elm Fork of the Trinity and Isis dusois Creek, samples will also be collected from spring Creek and suck creek. Nonpoint Nutrient Sammr)Ung The quantification, of nonpoint nutrient sources may be an important factor in establishing a nutrient budget and r' eutrophication model for. the lake. Nonpoint inputs may bo t determined by obtaining water samples during and after rainfall + events. Sanples will be taken either manually or with an l automatic samplar from several tributaries. Atmospheric inprt (both dry fallout and precipitation) of ' nutrients away be important and will be accounted for, Ths,hypothesis (null; valated to the above objectives Ares ` 1) There is no difference between measured stream (point) 'r nutrient inputs (phosphorus and nitrogen) and nonpoint i inputs. 2) There is no difference between nutrient inputs of the major tributaries (Elm York of the 'trinity and Isle dulois Creek) to Ray Roberts Lake. i f° 12 85260 Sediment/Water Nutrient Exchange Release of nutrients from the sediments may contribute significantly to the phosphorus and nitrogen budgets of reservoirs. This is especially important in recently inundated areas. Soil samples from the Ray Roberts basin, representing the 3 major soil associations, will be studied in reaction chambers (microcosm experiment). Net change in nitrogen and phosphorus will be monitored over an extended period of time. troth aerobic and anaerobic systems will be studied, s The hypotheses (mill) are: 1) There is no difference in nutrient release or uptake between soils tested in the microcosm study, 2) There is no difference in nutrient release or uptake between aa~ the oxic and anoxic -experimental cliambers. Land Use/Nonpoint Nutrient Relationships i Several studies indicate land use is related to the degree and type of nonpoint inputs. As forests and grasslands are I replaced by agricultural and urban areas, runoff increases, carrying both phosphorus and nitrogen, The land Lee categories ~y= of the,Lak• watershed will be determinid. These will be related to nonpoint nutrients sampled during high water and runof! events. The hypothesis (null) is: 1) There is no difference between various land use categories + 13 l i i { 8526( (e.g• forest, cropland, urban) in terms of nonpoint 1 j phosphorus and nitrogen collected during runoff events, `j MATERIALS and METHODS Point Nutrients i Samples will be collected at 2-week intervals, for approximately 1 year, at sites on Isle dueois Creek, the Trinity River, and Spring Crook. Sampling will be concentrated above what will be the main body of the reservoir, Leo.* above the present location of hM 453 (Fig. 4), Triplicate samples will be taken in sold-rinsed polyethylene battles. In the field, dissolved oxygen,. ' temperature, i conductivity, and pH will be taken using calibrated meters. Samples will be iced and returned to the' laboratory. Alkalinity, hardness, turbidity, solids (TDS and TSS), chloride, sulfate, Ja w ' t ammonia, nitrate, Kjeldahl nitrogen, total phosphate, and orthophosphate will be determined. Techniques are given in `r Table J. , Nonpoint Nutrients At least one flow-proportional sampler (Isco) will be used to ' collect water samples for analysis during high-water iVonts. This sampler will be located on the Elm Fork (above FM 435). Other grab samples will be collected during high-water events at > various points on the hydrograph. Samples will be collected from ~ ~ 14 t 1. r 85261 the main tributaries as well as the smaller ones mentioned previously. Water samples, including those from the automatic sampler, will 5e Iced and removed to the laboratory for analyels 1 of the parameters already mentioned. Precipitation will be sampled with rain gauges equipped with nylon nets to prevent the capture of insects (Dillon and Rigler, 1974).. ! . These samples will be analyzed for ammonia, nitrate, Kjeldahl nitrogen, total phosphate and orthophosphate. r sediment/Water Nutrient Exchange A, Your representative sites will be selected within the bounde of Ray Roberts Lake. The sites will include one in the Prairie soils along the Elm Fork.(Norangeo-Wilson-Crockett association), one in the savannah 1 ; soils along isle du'ois ~ (Calilsburq-Casil-Aubrey association), and one in the bottoajlrnde near one of the main tributaries. These 3 sites will be located •1 i in the upper part of the reservoir In wooded areas. A fourth site will be chosen in bottomland soil in what will be the main body of the reservoir. Soil samples will be collected from the u Pper 30 mm of topsoil and transported back to the lab in acid rinsed plastic ` r buckets: f On-site water samples will be collected near the soli-sampling area, soil and water will b mixed in gallon Jars < and.allowed to settle. I The microcosms will be allowed to run for 30 days. Approximately every 3 days water will be analyzed for. " 15 f f L r{ A 8526, I i total phosphorus, orthophosphorus, ammonia, nitrate and Kjsldahl nitrogen. For anaerobic systems the water Will be purged of oxygen by bubbling with nitrogen prior to addition to soil (Craft, 1983a; 1983b; Gunnison et al., 1980; 1984). i Land Vse/Nonpoint Nutrient Relationships Extensive maps and photographs of the Ray Roberts watershed are available. These include both contour maps and aerial photographs, black and white as well as infra-red pictures are t available. Using the contour maps, the watersheds for each tributary will be determined. Land use will be categorised into forest land, cropland, grassland, and urban areas. Field observations will note any substantial changes in land use for a given area. Total area for a particular category will be determined from the maps using a• polar planimeter. Nutrient y values obtained during highwater events can than be normalized to 7 7 area within the watershed, DATA MANAGEMENT Data will be analyzed utilizing the Statistical Analysis s System (SAS) available at North Texas State University. Testable i hypotheses will be accepted or rejected at the 951 confidence level. Differences between field situ and microcosm tests will be analysed using analysis of variance and multiple range tests. J n 'f; fell. ,s 16 z pa }y.rv'r**tTSo .J Lv e l i i 8526 E Table la Dimensions and capacities of Ray Roberts lake. s ~ 1 Lake Flood Control Pool k Elevation 195.2 m (640,5 ft) Surface Area 14933.4 hec (36900 acres) ' Conservation Pool Elevation 192,8 m (632.5 ft) Surface Area 11877.9 bee (29350 acres) Total Controlled Storage 9.81 x 108 m3 (199600 Acre-Ft) Drainage Area 2 2 1787,1 km (690 mi } Mean Depth 8.2 m (27 ft) Will Cover Elm Fork of the Trinity from River Kilometer 44 to Kilometer 70, Dam YM , {'1 Type Compacted Earth Dam length 4648.2 m (15250 (t) Maximum "eight 42.4 m (139 ft) r r y; :y 11 111 d t ~ 1k i *+*'+~a.fa ue,~. ul u'.,ra++ar,w.....,_ .....,.,w..; •a?'y.r, x'>~.`~°d'~' PW4fr•+'~M~~~ I N i 85250 1 fir.. Y 1 4. Figure 1. Ray Roberts Lake. i i04 ^i yy l If C r I S r?: t Y +i ~11 t'h. 18 r , . . . e.i-..gyp..- , 2, Y.yM ~"I,yYy4fi>.iMD.'M^~~'"' Sf f: s N ' S 12,aoo rt. ® Proposed Park Areas 00 Ul Earthen Das pillway outlet Works Y y 1 i : i 8526 I . I Elm Fork of imbrr the Trinity R. Creek 'k Spring C Creek Clear Creek s e duAois Creek ~Y { Cooke Co. 1 rayson Co. f Denton Co. - - - Pilot Point Sanger R Y Roberts lake Site r ~ Aubrey 1.'1 . A, 1 Canton t'. a t D S miles 0 12 km Lewisville > i lake i Figure 2, Ray Roberts Lake site and surrounding area, n I r,' 1 15 I ' 1 24 I:r d, w, 85L6G i I r ~ Figure 3. Location of MAJar dischargers an the Elm Fork of the Trinity River and Isle duBois Crook above the location of the Ray Roberts dam.' n x ; . r, F fi 1 f i \ n i i jj t It .r TI . 14 1 I t s. 21 kr i. 1 6 85261 ~Callisburg 1 I Lindsay A 11 3 019 10 Gainsville I f I 1 r ' i f j Elm Fork of the Collinsville Trinity River f f 333 f j 07 OMIUMWpal Dischargers 1 4V11 eA p Other Dischargers f (See table 2) + Tlo a l r a Valley view l ' Isle duSoit S Creek I (Grayson Co. r 44 Cooke county_ r a' w r r ~ r County 0;"n Con . r-r•►++rr r... ~'+w~~rry r ❑Pilot Po1nt 1. Dam Site r { 22 ndA9$iwxiR6M)Nd:J~41u+,'vG•Lr.tar r..rr~.rar..»' 1 t f q r to 4. _ 8526 p Table 2. List of dischargers into the Elm Fork of the Trinity River and Isle duBois Creek (see Figure 3). (Modified from T,D.W.R,, 1987,) Discharger Number/Location City of Pilot Point 1 City of Tloga 2 City of Collinsville 3 City of Cailisburg 4 Valley View Plant 5 Texas dept. of Highways (North) 8 Texas Dept. of Highways (South) City of Galnsvilie 8 Atchison, Topeka and Santa Fe Railroad g SouthIA10 Paint Company 10 City of Lindsay II ~Ft M ` r ~23 5 8526 i • Table 3. Parameters and methods of analysis. 1 I Parameter Method Dissolved Oxygen Meter Temperature Pieter Conductivity Meter ; pH Meter Alkalinity . Titration* t Hardness Titration* Turbidity Meter Chlorfde Meter Ammonia Meter Nitrate Pieter Organic Nitrogen KJeldahl* Total Phosphate Persulfate Digestion/Ascorbie Acid* ' Orthophosphate Ascorbic Acid* E 4 ' Solids (TOS and TSS) filtration/Drying* Sulfate Turbidimetrfc* t *APNA (1480) I r' r C S S♦ [ a ~ r r` r 4' 'R N 406 3TR 3 DO Earn Fork of the YMn1ty River i Spring' 19C Back Creek 2D8 Creek ISC 2TR Isle du9ols Creek . 1 1fR 108 Figure 44 proposed sampling sites for r regular-Interval se■p11ngo i i cam site AYR f N ply I t' ! 1. 1 ry) i i 85260 LITERATURE CITED APHA. 1980. Standard methods for the examination of water and wastewater. 15th edition. American Public Health Association. Washington, D.C. 874 P. Bannerman, R.T., D.E. Armstrong, R.F. Harris, and O.C. Bolden. 19754 Phosphorus uptake and release by lake Ontario ' sediments. EPA-660/3-75-006. National Environm. Res. Center, Corvallis U.S. EPA. 51 p. Brosonik, P. 1973. Nitrogen sources and cycling in natural waters. EPA-660/3-73-002. U.S. EPA, Washington, O.C. 167 ° Canfield, D.E., Jr., K.A, Langeland, M.J. Maceina, W.T. Haller, J.V, Shireman, and J.R. Jones. •1983. Trophie state classification of lakes and aquatic macrophytes. Can. J. Fish. Aquat. Sci. 40:1713-1718. Carlson, R.L. 1977. A trophic state index for lakes. Limnol. oeeanogr. 22:361-369. ^ Cooke, O.D., M.R. McComas D.V. Waller, and R.H. Kennedy, 19711 . i The occurrence of internal phosphorus loading in two small, j sutrophic, glacial lakes in North-sastarn Ohio. sue, i Hydrobiologia 56:129-135, Kt. N Craft, D, 1983&. Hicrosystem sediment-water simulations a practical technique for predicting resevoir water quality, ' AEC-ERC-83-12. U.S, Dept. of the Interior, Bureau of Reclamation. 7 p. . . 1 26 r- „ ,i w 1 i 8526 Craft,, D, 1983b, A microsystem sediment-water simulation study for the proposed Jordartelle Reservoir, Heber City, Utah. t REC-ERC-83-13. U.S. Dept, of the interior, Bureau o! Reclamation. 21 p. E Dslumysa, R.O. ■nd R.L. Patel. 1977. Atmospheric inputs of phosphorus to southern Lake Huron, April-Octobir, 1915. EFA-600/3-77-038. Environ. Rea. Lab. Duluth. 53 p, Dillon, P. 1975. The phosphorus budget of Cameron Lake, Ontario: the importance of flushing rata to the degree of eutrophy of lakes. LImA ol. Oeeanogr. 20:28-39. 4 Dillon, P. and 1'6 Riglrr. 1976, A test of a simple nutrient budget model predicting the phosphorus concentration in lake water, Jour. Fish. Res. Dd. Can. 31x1771-17786 i~ D.W,U. and U.T.D, 1977. Lake Ray Hubbard Eutrophication Study: An assessment of the impact of point and nonpoint sources on wato r quality in Lake Ray Hubbard. Vol. 1. Dallas Water Utilities and the Univ. of Texas at Dallas. North Central Texas Council of Governments. xvii + 305 p. ritePatrick, L .C., R, G, Absire, L.O. Knox, R.A. Miller, E.G. I Odom, W.D. Pearson, A.W. Roach, K,W. Stewart, E.O. Zimmerman, and J.K.O. Silva Y. 1972. A systems evaluation of thi environmental impact of the Aubrey Reservoir peojeet s* on the Elr, Pork of the Trinity River in North Texas, Report ~Ek to the U.S. Army Corps of Engineers. Ounr:lsen, D., J.M. Brannon, R.L. Chen, 1, Smith and T.C. Sturgis. ~I ,r y• 27 i 8526 M 1944- Richard B- Russell Dam and Rosevoirs potential water quillt•y offsets of initial filling and decomposition of vegetation.' U.S. Army Corps of Engs. 61 P. Ounnison, D., J.H, Brannon, 2. smith, O.A. Burton, and X. M. Preston, 1980. A reaction chamber for study of interactions between sediments and water under conditions of static and continuous flow. Water an*, 14x1329-18324 Manson, J.H. and W.C. Leggett. 1982. Empirical prediction of fish biomass and yield. Can J. fish. Aquat. 4ci. 39':257-263. Janos, R,A. and G.F. Loo. 1982. Recent advances in assessing { ,~sa the impact of I phosphorus in outrophication-related water quility. J. Wat. Res, 161903-3166 i King, D.11. 1970. The solo of carbon in outrophication. Jour. 11 Wat, Poilut. Control led. 4212033-20316 v Loo. O.X. and R.A. Jones, 1983, prediction of water quality in proposed hydropower impoundments. Waterpower 1983 i Conforenco Proceedings, 20 p6 Loo, O.l., W Rast, and R,A, Jones, 1978. Eutrophlcation of Y water bodider 2nsights for an ago-old problem, EnViron, ; Sai, and Tech. 12:900-908. IkA Y' Lorenrten, M.W. and R, Mitchell. N,1973, An evaluation of artificial destrati:ication for control of algal bloom, J. Amer. Wat. Works Assoc, 67073-376. NCTC641, 1981, Annual water quality management plan for North r 29 'I w 8526( i I 1 Central Texas. North Central Tvxas Council of covernments, i Nurnberg, G.K.. 1904. The prediction of internal phosphorus load 1 In lakes with anoxia hypolimnia. Limnol. Oceanale. 29:111-125. i Murphy, T.J. annd P.V. Donkey, 1975. Inputs of phosphorus from precipitation to Lake Michigan. US EPA Report. EPA-600/7-75-0050 24 p. Omernik, J. 1976 The influence of land use on stream nutrient j levels. EPA-600/1-76-014. Office Res. and Dev. U.S. Environ. Prot, Agency, Washington, ox, Pasrl, H.W. and J,F. Ustach. 1982. Blue-green algal scumst An explanation for their occurrence during freshwater blooms. Limnol, Oceanagr. 271212-217. Rant, W,0 R.A. Jones, and O.F. Les. 1983. Predictive capaA lity of U.S. OECD phosphorus loading-sutrophication response models. Jour. Water Pollut. Control. tied. S5090-1003. Rast, W. and G.F. Les. 1978. Summary analysis of the North i Aft&4ican (US portion) OECD sutrophication projects nutrient „ring lake-response relationships and trophic state . Indices. Cor:~allis Environ, Res, Lab. U.S. EPA, xxi ♦ 453 p, fast, W. and O.F. Les. 1983, Nutrient loading estimates for 1a lakes, Jour, Environm. Engineer. 109s502-517. Schindler, D,W. 1977. Evolution of phosphorus limitation in lakes. Science, 19Ss260-267. ` ' 29 . ' ~ma9?.i.,.w...aa: p..,.,. S.y i.'......+. rh¢lYA..'DW.. nas:•.a',"-j i - I ~5z6 ~ I ` ~ Shapiro, J, 197J. 83u•-gran algaei wh the Y Y become dominant. Science. 1791382-3A/. ~ Silvey, J,K,p, and W,J, sietderman, 1969. Tu tea and odorr, 7-136 !n Manuri of water Utilltier o pp. Texar Wates Utllitles 1lsroc, Aerations, 17th ed. Smith, V,li, 1983. Low nitro en to q phorphorur ratlo• laver dominance of blu•-green algae in lake phytoplankton. ` ~ Science, 2211669-678. " Sonrogni, W,C, , P~a• Uttormark, and a.t. Lee, 1976. ° phorphorur reridenee tiros modal: theor a y ' ~ Water Rer. 10:429-435, Y nd application; ~ d SYi" SYmmons, J.J., J.K, Cr,rrwa,ll. and O,Q, 'i Roebuck. 1970. Mixirq t for .quality centres, J, 1lraer, wat, workr Arroa, ' 621322.337, k 6~~,,'S T.D,N,N, 1983. Warta lord valuation for segment 0 824 of the . ` Trinity Rlwr Basin Y II~ F , ( lm Fork Trinity River), Tsx~s Dept, ~ ~ Wat, Fier, x ♦ 101 p, U9 Jlrmy Carps of Lnglneerr, r 1983, Rnvironmental Ympaet ° ~ Assesrasent Greenbelt corridor between Nay Nobertr dsa~ and ~ ~ ° °r°~~ Lewlvili• Lake, fort Worth Dirtriet, 16 p, I ` Uttermark, P,D., J, D. Cha in f " A , artd K t4, Green, 1974 , Ratimatinq ; f nutrient Soadin r of ' I q laker from non-point rourres, I f ° ' t p EP1►~660/J-74-020, Pre •rsd !or the Ctt, Rer, Ftonlt~r, US a f ; Environ. Protect. JI ene ,x, q y• washington, D, C. 112 p, ti ~ Voiienweider, R, 1968, TF.e aeientltio basis of lake and etream ~ ~ ~ 30 ?r~ I It ~ i ~t ~ ~ { ~1 rl ~ 1 i Y:. x* - k ,vr 1 V , ,7 - i r.~ i 85261 eutrophication, with particular reference to phosphorus and nitrogen as eutrophication factors, Tech. Report. OrCOS Paris, OAS/DS1/68=27:14 Vollenweider, R.A. 1969. Possibilities and limits of elementary models concerning budgets of substances in lakes. ~ Arch. Hydrobiol, 66:36. Vollenwelder, R.A. 1975- rnput-output modeli, with s peoial reference to the phosphorus loading concept in ilmnology. aehweis. L. Hydrol. 39:53-844 Vollenwaider, RAY 1976. Advances in defining critical loading levels for phosphorus in lake eutrophication. item. "tat. s I ltal idrobio. 33:53-83. c ;s 40 p ~ Io t 31 EXCERPT PUB MINUTES ocotber 22, 1986 3, RECEIVE PRESENTATION BY KEN DICKSON DIRECTOR OF THE INSTITUTE CH ~Ty OF 707ITY OF ' - r CONTRACT BBTW=-L~ Mr. Dickson explained that North Texas State University is very interested in Lake Ray Roberts as a source of valuable research and training in water quality assessment. Dickson explained that the additional funds which were being requested continue and naintain the support of valuable limnologgical research which can best be gathered over a long period of time. Lake Ray Roberts is essentially a laboratory for the study of eutrophication which will enable the researchers to predict trophic status over time, Dickson added that the contract modifications include provisions to monitor pollution levels of the lake for metal and pesticide intrusions. Dickson ex- plained that Denton's share of the proposed contract modifications would be $9,806. 1ik1 Tho Board stated that Denton wa3 fortunate to have the resources Mrl and support of North Texas State University. yf Coomes moved to recommend approval of the proposed modifications to the Lake Ray Roberts Monitoring and Research Contract between y' North Texas State, City of Dallas, and City of D.'nton, Thompson second. All ayes, no nays, motion carried uns«imously. K. n ran i " ; Y ~ld i ~ r r w.Yr..._ - • ""'+'=.w lK4«YaiJ+fN[~Y+Y'MiV►~tYi'-o rY..mv..rw' 8 ..r. ...non r i. ..:M'.I✓I. • y 1 6 1634L i i RESOLUTION NO. _ A RESOLUTION AUTHORIZING THE MAYOR 70 EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF DENTON AND THE CITY OF DENTON FOR LIBRARY SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE BE IT hESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Mayor of the City of Denton, Texas is hereby authorized on behalf of the City of Denton, to execute an agreement bet%jen the County of Denton and the City of Denton relating to the provision of library service, a copy of which agreement is attached hereto and made a part hereof. SECTION 11. That this resolution shall become effective immediately upon its passage and approval. r` PASSED AND APPROVED this the day of 1987. RAY A Y r 1 j r . 1 4 ' TWUR CITY OF DENTON, TEXAS ATTEST: 1 •1 4+LP' A ' CITY SECRETARY CITY Of DENTON, TEXAS sa APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY x, CITY OF DENTONO TEXAS A, 1 N, r+ BY: t q re 1 i y 7'. ' to t d, THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATIQN AGREEMENT r THIS AGREMENT is made and entered into this ll_ day of « 1986, by and between DENTON COUNTY, a political subdivision of the Great State of Texas, n einafter DDEA lid f~l rs`' referred to as "COUNTY", and the ,-ate a m c; ux ra t i+m r a "rd cr tip l dU15 t~ f Ivan, hereinafter d ? referred to as "AOENCY". i P' WHEREAS, COUNTY is a duly organized political subdivision of M` the State of Texas engaged in the administration of County u{ Government and related services for the benefit of the citizens ' l of Denton County; and CW WHEREAS, AGENCY is a duly~~Fganized iCdO r c 06 of 411me( L,rdep IN F r ` uc on--CIDunty, exas, gaged in the provision of ~';r OChx✓ f1nt;~UGF library service and A!F ~ services for the benefit of the « citizens of Denton County, Texas; and WHEREAS, COUNTY and AGENCY desire to improve the efficiency and effectiveness of local governments by authorizing the fullest possible range of intergovernmental contracting authority at the local level for all or part of the functions and services of t police protection and detention services; fire protection; streets, roads and drainage; public heplth and welfare; parks,, recreation; library services, museum services; waste disposal; planning; engineering: and administrative functions such as tax aasesament and collection, personnel services, purchasing, data 1 (F 'd ILI r . ~ ~r' . ........:....r~-Aa4AiJ~'C'n h1E4Q5,A.ci3~i.l~i`Ml~:`~; vF?:.II,~W'.urvM+...~1 r processing, warehousing, equlpment repair, and printing; and WLEREAS, COUNTY and AGENCY mutually desire to be subject to the provisions of TE%.REV.CIV.STAT.Art.4413(32o),(Vernen " Supp.1985), the Interlocal Cooperation Act; and, i NOW THEREFORE: COUNTY and A'JENCY for the mutual consideration hereinafter stated, agree and understand as ` follows: ,n • r= !"y The effective date of this agreement shall be the 1st day of Ootober, 1986. -In r: The initial term of this agreement shall be for the period A;Z of October 11 19880 to and through September 30, 1987, }r Thereafter, this agreement sh311 it t3 tomat19a41y be renewed for 1 hperiods of twelve (i2) month increments from the termination datd be + oor v"dad IM Cbun) 1.te. In Writ;nr un L+' ep, a, esa-~+rri-Ltan-n.ati~a-of ino erminate is .1given by it "r x,, the fii~,+ d~u of se tetM{x.i' ac, eAc.ln i4cal(,1e) JKC amoUn+ party to t e other ithin- l- ty 160 a a of such teminat o ro,yskle-Wi-t)n to be ~uevrI ~V eac l sLXQY'I ro..16rm . ~ tIT. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for the residents of Denton County AGENCY to the maximum extent authorized by this agreement, without regard to race, religion, color, age, and national origin; to wit#, f 1. Library services and other related services for the 7 benefit and to serve the public conveniences and necessity of the citizens of Denton County, Texas, y f ~ r r rl , f r: nil , r r} i IV. ' Inasmuch as the DENTON PUBLIC LIBRARY is for the use, benefit, and enjoyment of all. oitizenl~ of Denton County, Texas, upon proper proof by indivtduallsi of residence of Denton County, Texas, such individual(si shall be entitled to be issued, at no coat, a "library card" to be used in connection with said library services. i r y' .JVIA. COUNTY shall designate Honorable Buddy Cole to act on behalf f Y „ of COUNTY, and to serve as "Liaison Officer" for COUNTY with and between COUNTY and AGENCY. Honorable Buddy Cole or his designated " substitute shall insure the performance of all duties and ` obligations of COUNTY herein stated; and shall devote sufficient a` time and attention to the execution of said duties on behalf of 3 COUNTY in full compliance with the terms and conditions of this a,ireemr.nt; and shall provide immediate and direct supervision of 3 s COCNTY09 employees, agents, contractors$ sub-contractors, and/or laborers$ if any; in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and AGENCY. V1. t " AGENCY shall designate Jwkla Crr__l.f)Ole-kfi~.U1~PC~cSIto act on behalf of AGENCY, and to serve as "Liaison" for AGENCY z with and between AGENCY and COUNTY to insure the performance of , yla+' t all duties and obligations of AGENCY as herein stated; and, shall r', + devote sufficient time and attention to the execution of said duties on behalf of AGENCY in full compliance with the terms and p J. ~ f r W.-w _ _ _ _ _ . ' .a9M:>,'.4ro •+IM~' awalw!' ii?'4.V'YMd'•Lw+M. ~J 1 r , i conditions of this agrPPment; and, shall provide lmmPdiate and i direct supervision of the AGENCY emplnyees, agents, contractors, sub-contractors, and/or laborers, if any; in the furtherance of the purposes, terms and conditions of this Agreement for the G. mutual benefit of AGENCY and COUNTY. Vii. ~•C AGENCY agrees to indemnify 9,1d hold harmless COUNTY, its agents, and employees from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to pursue legal action, arising out of performance of the services and duties herein which are, or are alleged to have been caused in whole of in part by COUNTY or !r` AGENCY, including but not necessarily limited to any negligent s; act and/or omission of any employee of AGENCY, its directors, a members, or that. of a sub-contraotor of AGENCY, or that of anyone t~ employed by or contracted with AGENCY for whose sets COUNTY ' and/or AGENCY is liable. r t VIII. r.' 1' G W AGENCY agrees to indemnify and hold harmless COUNTY, its agents, anO employees, from and against all claims, damages, a;•..' x; losses, si,d expenses, including reasonable attorney's fops in yy?? 1 case it shall. be necessary to file an hation, arising out of performance of the services and duties herein stated, which are i (1) i,or bodily injury, illness, or death, or for property damage, including lose of use, and (21 caused In whole or in part by r r =ir AGENCY'S negllgent act and/or omission, or that of a sub- contraotor of AGENCY, or that of anyone employed by or contraoted q a t . s.. ...f iWliV a<«'M+a.N ti.. Sw.SlO b.C✓yi" r 4, I A r T y ~r. l ` a1 t with AGENCY for whose acts the AGENCY is liable. IX. The AGENCY shall be solely responsible for all techniques, r sequences, procedures, and means, and for the coordination of all - pork performed under the terms and corditions of this agreement, shall insure, dedicate and devote the full time and attention of ' those employees necessary for the proper execution and completion of the duties and obligations of the AGENCY stated in this agreement, and give all attention necessary for such proper { supervision and direction. E, X COUNTY agrees to and accepts full responsibility for the ,A a acts, negligAnce, and/or omissions of all COUNTY'S employees, and agents, COUNTY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract of agreement with said COUNTY. t !A f N X1. r c . The AGENCY agrees to and accepts full responsibility for the `sets, negligence, and/or omissions of all the AGENCY'S employees, , and agents, the AGENCY'S sub-contraotors, and/or contract laborera, and for those of all other persons doing work under a contract or agrement. with said AGENCY. r M. r COUNTY agreed to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs, and 1 14 equipment necessary to the reasonable safety of COUNTY'S 1 A. employees, and agents, COUNTY'S cub-contractors, and/or contract Y ~r _ _ . q..,.e...lY -'W....I.Lri: I....M{V. sax l'P I laborers, and sil other persons doing work under a contract with said COUNTY. k X[II, The AGENCY agrees to and accepts the duty and responsibility e for and overseeing all safety orders precautions, programs, and equipment necessary to the reasonable safety of the AGENCY'S employees, and agents, the AGENCY'S sub-contractors, and/or contract laborers, and all other Persons doing work under a contract or agreement with said AGENCY, XIV. AGENCY understands and agrees that the AGENCY, its employees, servants, agents, and representatives shall at no time ,i z? represent themselves to be employees, servants, agents, aiid/or F'a repres'eritativts of COUNTY. lh 1 ,+aj,. XV. a COUNTY understands and agrees that COUNTY, its employees, M,' r servants, silents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or v representatives of AGENCY. c ; XV I , "COUNTY", Denton County is a political subdivision of the State of Texas. The address of "COUNTY" }s: . n ~ Commissioners Court of Denton County 212 west Sycamore cF- Denton, Texas 76201 Telephone J8171 566-8686 r , i Attn: Honorable Buddy Cole " Denton County Judge AGENCY is a public service organization of Denton County, a ~ r ."rNi s M..W....a:.._+. .v..... r. . k ...........vkray,n. 1 1 i Texas. The address of "AGENCY" is: .~.[tu llrYltn,~ it I Telephone 1 0 546-£IE Attn: r~P)lu f~[t i XVIII. For the services hereinafter stated, COUNTY agrees to pay to AGENCY for the full performance of this agreement, $1.00 per capita of 100,593 or the sum of ONE HUNDRED THOUSAND FIVE HUNDRED ' NINETY-THREE AND N01100 (=100,693.00) DOLLARS to be paid in equal quarterly installments of TWENTY FIVE THOUSAND ONE HUNDRED FORTY- 1 Y fi~ I { EIGHT AND 26/100 ($26,148.26) DOLLARS commencing October 1, 1986. R~~yF In addition, COUNTY agrees to pay to AGENCY up to FIVE THOUSAND AND NO1100 ($5,000.00) DOLLARS in matching funds upon receipt of i proof from the AGENCY that revenue from sources other than fa Denton County has been received and that this information shall be provided each quarter to COUNTY and will be matched in full each quarter until such time that $5,000.00 has been paid. COUNTY Al, understands and agrees that payment by COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of COUNTY in conformity with 1 State law, XIX. } ts, n; This agreement may be terminated at any time, by either party giving sixty (60) days advance written notice to the other 1. R a party. In the event of such termination by either party, AGENCY f { shall be compensated pro rata for all services performed to ' i termination date, together with reimbursable expenses then due irk a i i i i and as authorized by this agreement. In the Pvent of such termination, should AGENCY be sVe .rcoapensnted on a pro rata basis for all services performed to termination date, and/or be overcompensated for re!mlIuraable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of said reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. This Agreement may also be terminated immediately in case of successful election to rollback County F. taxesard Ayncq -fermi G30 elotk ~ j a, aAlba k GMc-arl orcf u xx.,.This agreement represents the entire and integrated agreement between AGENCY and COUNTY and supe rsedea all prior " negot cations, representations and/or agreements, either written i I 9 or oral. This agreement may be amended only be written instrument signed by both AGENCY and COUNTY. XXI. 4 The validity of this agreement and of any of its terms or provisions as well as the rights and duties of the parties r :r_ I hereto, shall be governed by the lava of the State of Texas. Further, this agreement shall be performable and all compensation ` payable in Denton County, Texas. r [ r~ XX I l . e. In the event that any portion of this agreement shall be found to be contrary to law It is the intent of the parties hereto that the remaining portions shall remain valid and in full I force and effect to the extent possible. r. .1 1 Ay.i MF iq:l~gfiY.~flfi V^}4: : n~Lid-1 f.[n..u ! tXIF1. The undersigned officer and/or agents of the parties hereto ~ are the properly authorized officials and have the necessary I authority to execute this agreement on behalf of the parties hereto, and each party hereby certified to the other than any i necessary resolutions extending said authority have been duly passed and are now in full force and effect. , Executed in duplicate originals at Denton, Denton County, `s Texas on the day and year first written above ! ! • "COUNTY" "AGENCY" t4' DENTON COUNTY, TEXAS AGENCY y 212 West Sycamore Denton, exam 162001 t dJ a By: By: X HONG ABLE dU E OU V COLE Name: DENTON COUNT JUDGE Title: a ~r Acting on hehalf of, and Acting on behalf of, and by the authority of the by the authority of the Commissioners C t of AGENCY tw~a Denton County t r,F r ,ATTEST., ATTEST: gy : 1A U l~ 1C64 z 1+. By:- MARY JO H LG Name: DENTON COUNTY CLERK Title: 'i s E " ` ...E STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority on this day personally appeared the Honorable Buddy Cole, Denton County Judges known to i' be to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and ` consideration therein expressed, in t , he capacity stated, and as t and deed of said County. { 1 VEN under my hand and seal of office this the day of k- , 1986. III r JOE ANA ANDREAS Notary FWC Stitt or arts ary Publ o in and for My COmRis5lnn E.O n1 AOd121, I?i9 the State of Texas, k. 1y\ My Commission expires _ SEAL (Notary's Printed Name) a 'a STATE OF TEXAS r k COUNTY OF DENTON BEFORE ME, the undersigned authority, on this day personally r l appeared,, known to me to be the Hr~ryf; person whose name is subscribed to the foregoing instrument and t; { acknowledged to me that he executed the foregring Interlocal Cooperation Agreement for the purposes and consideration therein expressed, and in the capacity stated, and as the act and deed of said AGENCY. GIVEN under my hand and seal of office this the day of I \°'I 1986. k i f~ Notary Public in and for the State of Texas My Commission expires: y r E } r (Notary's Printed Name) 4 FIC "M..c... ti. v..1n.,...n, n.. .a.......V nu nr..!r fi . S as v ~L i DATE: January 6, 1967 CITY COUNCIL AGENDA ITEM i TOt MAYOR AND M4BERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager fXfflj Crt OONSIDER RFSOIUTION FOR APPROVAL OF DATER PIPELnX BORn4G LICENSE FOR 0=EN TRLmME MINI-MALL WATMM FRCM MISSaml-HANSAS-TEXAS RAILROAD 0"ANY. Et~OUMMENGATICNe ~i The Public Utilities Board at its meeting of December 16, 19860 reoarmends the approval of attached resoluticn and payment of the license fee $3,100.00 by the Developer, Lew Anderton, of Golden Triangle Mini-Mall Addition. The new 16" waterline crosses the MK 6 T Railroad and this request is for the approval of the railroad pipeline boring license. r; BACKGRNWe ` Ttta Public Utilities Board is recam ending approval of this resolution for a railroad license in order for devbloper to construct a 16" waterline along the Miseeuri-Kansan-Texas Railroad Right-of-Way. " I PROGRAMS, DEPARTMENTS OR GROUPS AFFDCI j Denton Municipal Utilities, City Right-of-Way Agent, City o Fhgineer, Dev+elopcr, City of Denton, and Citizens. Ec i .1 I f, y i FISCAL IAPAM TIn full sum of $3,100,00 for the first ten years of license is being paid by the developer. However, subsequent license fees renewed every 10 years will be at the City's expense. Since the 16" waterline will became city owned after Developer dedication. ,s .r Re fu/l~ ted. U t iY'Y~e f City Mali. ger Prepared bys C. David Pan Director of Water/Wastewater utilities ~'N Director of Utilities s t t' Attachment I License Agreement yx;± _ II Resolution k III PUB Minutes of 12/16/86 : rye' i i ~ pv r w ►r .p. k,.r: i.w.w. c:..~w d.-, n.....w.n r.aesdtitrt+M ...'.~i+i,.xWa Fi't ssrWMeu4"K.~ n. 1657L R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS; The Mayor is hereby ,uthori=ed and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated December 1, 1986, between the City of Denton and the Missouri-Kansas-'texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair And installation of one 16-inch water main between Mile Posts K-713.97 and K-724.02, Denton County, Texas. ` PASSED AND APPROVED this the day of , 1986. ~ F i RAY STEPHENS MAYOR {.t CITY OF DENTON, TEXAS kTTEST : L'. i CHARLOTTE ALLEN$ CITY SECWETART CITY OF DENTON, TEXAS 41 APPROVED AS TO LEGAL FORM$ DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY L~ CITY Of DENTON, TEXAS By: { r ! . tli r frMl.;-T 1.6 i..r!A/I. G ° • fay } I I i PIPE LINE LICENSE THIS AGREEMENT No- ode this-_ ll- A _ f) between the MISSOURI-KANSAS-TEXAS, RAILROAD ay of COMPANY, hereinafter ci-he-r called `Licensor", and CITY OF DENTON TEXAS hereinafter called "Licensee`. WITNESSETH: t ARTICLE I. 1. TLMt This agreement shall take affect the date hereof, and unless sooner tsnri- noted as provided herein, shall continue in force so long as used for the purpose i sat out for a period of tan (10) years, or until terminated by either art giving hth e efn f other party not leas than thirty (30) days' advance notice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such term or notice, whichever occurs first. Licensee is hereby given a renewal option at a price and teem to be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this term. In the event the amount of renegotiated rental is not a;reed to in writing by both parties, prior to the expiration of the term of thla lioensa, this license shall automati- cally tarminate without notice, effective the lost day of the expiring term, 2. Conslderati ; on and Description: in consideration of sea • THREE THQIISANn ON DOLLARS a receiptofwhkhisherebytcknouledled,andoftheco%enantsofLicenseeashereinafterset(orth,LkensotA00bygra alsense 'a and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install b boring :l ---~.._...pipe lines(s) encased in a carrier pipe not exceeding sixteen y,) method, used for carping to . )inches in diameter, to be kter main or along Licensor's property at or near sc•o t to br n the County oL__Dentnn TUAL~ For convenience, the said pipe line Is hereinafter referred to as "Crossing". The location of mid Crossing is more particularly described as follows. All as shown on Licens or s print of Drawing No, A-31,335, Engineering Department, Denison, Texas, dated November 10, j 1986, marked Exhibit "A", attached hereto and made a part i hereof. ears ~ A i Al, ` f , ~j'acwiya+,~r I ' i e ARTICLE IL Licensee undertakes and agrees. i I. Speeifiations: to install said Crossing according tt+ she speclRutiom of the American Raitway Enginanny a Association Par15, Pipelines, The Crossing shall be laid and maintained al the talc cost of Licensee, and ina manner and with 1 n material salisfacloryto Licensor'sChicfEnemcer.withitslopolleast fivrAnd one•helfiS;y~feelbeneaththebaxofthenilursdcti the track, and at least five and one-holf(3.1/2) feet below the surface of the ground elsewhere, so it will not interfere with the safe operation of said railroad or cause damage to Licensor's property, Said pipe line shall be encased in a larger pipe where it passes under any railroad track, and for at least twenty-five (251) feet on each side of 1 I the center line of any such track, i 2 Present Occupants: To make appropriate arrangements with any person or kilal entity occupying the premises affected hereb)pursuant too lease or other permission granted b)Licensor,solhatLicensee'suidCrossingwillrim unreasonabh t interfere with the use of the subject proper), or crease undue hardship on the person or kill rl entity occupying the premises 1 3. Lfabiliq: Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever such da magc shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise. Licensee assumes the risk of, aid shall protect, indemnify and hold harmless Licensor from and against allliabilit) for or on account of injury to or death of any and all persons or damage to property', including livestock killed or injured, resulting from or incident to the construction, maintenance, use, operation, relocation, reconstruction or existence ofsaid Crossing on Lkvnwr a premises, or the removal thereof from Soid premises, or to she restoration of or failure to restore mid premises to their prior or I other condition as herein provided, whether such Injur), death or damage shalt be caused or contributed to by the negligence of Licensor, its agents, employees or otherv ise, and Licensee will protect, indemnify and hold harmless Licensor and any others legally using its right or way, from all e4ims,demands, suits or actsonelrowingout of any such loss. injug or demands, including Investigation costs, court costs, and attorneys' fees resulting or in any manner ■rising from the risks herein assumed by Licensee. Licensee further agrees to immediately investigate an) such claims, demands, or suits and shall defend. settle, and; or otherw ise dispose of the Some at its sole cost and expense. In the e+ent Licensee settles any such claims, demands, or suits, it shall obtain a release +rhich includes Licensor. a g not suffer 0: sustain becuse of any failu ekof Licinst ensor'srtitle to the righhtrof wad nd lands occupiid by an d Crossing or ann% pary ' thereof. 1. %wiser: To waive all right to question the validity of this Licenk or an)' of the terms orprovisionshercof,ortheryM or power of Licensor to execute and enforce the Same. S. FIBER OPTICS! The rights rranted herein are subordinate to, and shall not Interfere with, any rights previously grarted to other parties for the installation, 1►aintenance and operation of any fiber optic communication systems, f' ARTICLE III. It is mutually agreed by and between the parties, as follows: I.(s) Repairs ant, Relocation: Licensee will at all times maintain the Crossing in a Safe and secure manner, and in a condition Satisfactory to licensor. Licensor mayy request Liar. re to change the location of the Crossing. or any part thereof, or to make reatonable repairs as In the Judgement of Licensor shall be deemed nettsmry to avoid interference with ordanger in the use es operation of Licensor's railroad, oranyof its present or future appurtenances, or telegraph, telephone, signal or otherlints on Llansor's ti ht of cosy, and in the tutor it isfound necessar?- for Licensor to use its entire right of way, or any portion o( h occupied y by the Cross ~ng, Licensee shall at its sole expenk, and within tSirty(30) days after notice solo do, (or upon shorter notice in case of emergency), remove Sold Crossing, or as much of the Crowns at is located upon that portion of the right of way to required b) Licensor. (b) if Licenser shall fail to perform any of its obligations contained in this agreement to the maintenance of safe ' conditions In and about Said Crossing or as to the protection of wiret from electrical interference on Licensor's property or to ma It stn • necessary repairs, or to relocate mid Crossing, then Licensor may cause such condition to be made ssfe,or change of location to made, or repairs lobe made, or Crossin to be removed from Licensors proppeerty, Lkensor stung as the agent of Lkensce, and may perform such work is is necessary m the judgement if Licensor, and Llcent" shall, on demand, promptly reimburse Licensor the whole cat thereof, plus ten 4100 per ant thereon as a charge for supervision, accounting, and use of tools; or i Licensor may terminate this License by giving to Licensee not lees than ten (10) days' advance written notice of its intention to to do. 2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee faih to keep any of Licensee's covenants btrein contained, or if the rigbt of way is required lot other purposes by Licensor, and no reimbursement ` Shill be made for Licensee's expenses Incurred in the removal of this erasing or the consideration paid for this License, No tersrination or expiration shall affect the rights and !utilities, if amy, of the patties hereto then existing. -2- G tip. 1. ReslomiIon: Upon the termination of this agreement, whether in accord anet with the provisions of Paragraph I of Article 1, or Paragraph 2 or 1 of Article 111. or otherwise, Liornsee shall promptly in fiovt said Crossing from Lictnsoi s right of 6 way, and restore said right of wa)1o its prior condition, or to a condition atisfactoty to Licensor. If Licensee shall fr.5 io rtmm r E aid Crossing within thirty (10) days after the lerminatio6 of this agreement. Licer.w may remove the some, and thargc the expense thercror to the Liccnsce on the basis provided in Paragraph I(b) of ArC.lc Ill, 4. Miscelioneous: (a) This License and all of the provisions herein contained shall be binding upon the parties hereto. their heirs, executor, administrators. successors and assigns, and Licensee agrees to supply' notice in writing to Lice nwroram namechanges.Licenseeagreesntttoassignthisticenseoranyintereittherein.wuhouttheconsentofLicensorinwriting.andon; i Y and every such attempted assignment without such prior wrnkn consent shall be void and of no effect. In the event of any' assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rtnia 1, if any, herein specified and for the compliance of all of its other obligations under the terms, provisions. and covenants of this License. (b) In the event rent is paid annually. Licensor expressly restr%vi the right toincrtaselheabove rental rate onony vearI) annk erary date of this license by giving Licenset thirty (30) days' writien notice, Licensor may increase the rentalby the percentage that the Consumer prig Index has increased, published by the Department of Labor, since the last rental j increase period, or the last anniversay date hereof. Ic) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether l Licensee be a natural person. a partnership, or is corporation, or any combination thereof, (d) Any notice herein required to be given by Licensor to Licensee shall be deemed propedy1hen if served upon or i delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, adddresse to Licensee t his Iasi known place of business. (e) No oral promises, oral agreerntots, or oral warronties dull be deemed a part of this License, nor shall anyalteration. ' amgndment, wpplemrnt, or waiver of any of the provisions of this license be binding upon either party hereto unless the Unit be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee. (f) This License does not become binding upon Licensor until executed by Licensor's via-president. IN WITNESS WHEREOF, the parties hereto have executed ibis agreement as of the day and year l'irstabovewrilten MISSOURI-KANSAS-TEXAS RAILROADCOMPA\ti' l 8 By Vice-President CITY OF DENTON, TEV.S B Tile Mayor M Addrvu: 21. E. McXianey Street Denton, Texas 76201 ♦f N Filet T-18753-B i; ILI x ~IO w ' lit w led T. loll Lint • l N'M"414d !t" wag" !Ma MKT MM 't e )jogs txhibit A ATUChtck "Ib Litansa ~ Datw~en ' Missouri*Kansas -wTiu*a ltailreei Cc _ And t I Clf~ •f Oan+On C Fer J Zga'=of a 16"wat:r pipe ImIL I OPARP.lI.7t~97~ aKP,9-724.01 At Oanton!Texas ~ ~hIM Jvlrwisron Enjim"Wing Dopt Demian,Toss sC~{tt 1"! ~pQ~ Novtm ar 0,414 DIVINn •y ew •X Orawin Ne. A- 311333 -_...__......~...-.~~,..~.NawthJ'1.wwner.....«....+csyyrwaalldrai.Wi+Mi^~.°"'....a...._.. r~..-. : i r. 1 I EXCERPT i Public Utilities Board Meeting of December •15, 1986 ve_ f ill CONSIDER RESOLUTION FOR APPROVAL OF WATER PIPELINE e0RIN0 LICENU R MISSOURI - KANSAS-TEXAS R LR D COMPANY* f - Ham explained that the staff recommended approval of the proposed resolution. Thompson moved to approve the subject resolution. Frady, second. All ayes, no nays, motion carried unanimously. k ,p i, 4, 3 ~w ~ . 0. 4'! d w~ J `'p 1 t f {,~p~j.+..iw.,ve.,«. - • . ,..,„.rvy...,.. r , w.: vlan,+ r.ev.u... . J . 1 1630E RESOLUTION NO. A RESOLUTION CREATING AND APPOINTING THE CIPt 91 COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. ti WHEREAS, a bond election was held on December 13, 1986 for the purpose of submitting to the voters of the City of Denton certain capital improvements; and WHEREAS, the voters overwhelmingly approved the issuance of bonds for capital improvements; and WHEREAS, the Blue Ribbon Committee fulfilled its charge of ! makins recommendations relative to the projects which should be f submitted to the electorate and, among those recommendations was I F; the suggestion that a special committee be appointed by the City Council to monitor, evaluate and report on the progress of the i g Five Year Capital Improvements Program should the same be authorized by the voters; and WHEREAS the City Council is desirous of accepting such recommendation; and WHEREAS, in March of 1985, the voters approved a Street Bond ' Prongram of $10,000,000 and the Council wishes to appoint a r. committee to monitor both Bond Programs; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXASt Y` SECTION 1. That the following citizens are hereby appointed to constitute the CIP 191 Committee: Hugh Ayyer Chairman Bill Claiborne Bob Gorton " Joe Holland Jack Miller x Kathy Orr i SECTION It. That the CIP 191 Committee is hereby charged to meet at least I once a year until 1991 to monitor, evaluate and report to the I citizenry on the progress of the construction of the improvements authorized in the December, 1986 and March, 1985 bond elections, + e i' ' s 5 i.5'. A G ' z SECTION III. ' That this resolution shall take effect immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1987. RAY STEPRENS, MAYOR CITY OF DENION, TEXAS } 41 .~4' v v•. ATTESTS tRARLOTTE MEN, CITY SECREMY 'CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS A DEBRA`ADAMI DRAYOVITCH, CITY ATTORNEY 4 CITY OF DENTON, TEXAS BY; A/J ..4 4. 4 r i a~ NE k a a 1. ~i 3 T 1-1-VI 1 -1 a n,. M a V ' T p. s ~T ab ~Y, V ! i , i ~i C 'i tJ t ' k j 1 : ' 1677L RESOLUTION NO. ' A RESOLUTION BY THE CI':Y COUNCIL OF THE CITY OF DENTON CREATING A BLUE RIBBON CITIZEN'S TASK FORCE FOR BEAUTIFICATION OF MAJOR CITY ENTRANCES AND OTHER CITY BEAUTIFICATION EFFORTS) AND PROVIDING AN EFFECTIVE DATE. r' WHEREAS, the City Council of the City of Denton is desirous of creating a Blue Ribbon Citizen's Task Force for the Beautifi- cation of Major Entrances into the City and other City y beautification efforts) and ' WHEREAS, tha Task Force shall have the authority to review efforts and proposals by various groups within the city to improve the major entrances to the City) and WHEREAS, the Task Force shall identify the major entrances to the rec mmendations on review h that the Council might take to n promote cities have done these entrances) and WHEREAS, the Task Force shall make recommendations to the City Council, including zoning and sign regulationslantode enforcement activities, coordinated landscaping, planting requirements, set-back requirements, and view obstruction ? aspects) and WHEREAS, the Task Force shall become effective immediately upon appointment by the City council, and serve in said capacity stablisheda oNOW, City ball eautification f efforts entrances ethe c THEREFORE, ? BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That various individuals will be appointed by resolution to j constitute the 'Blue Ribbon Citizen's Task Force for Beautifi- cation". ,X SECTION II. That the Task Force shall have the authority to review :r efforts and proposals by various groups within the City to improve the major entrances to the City and other beautification efforts identify the major entrance to the City, review what other cities have done and make recommendations on steps that the Council might take to promote these entranceal make recom- mehdations to the City Council, including zoning and sign regulations e rqenforcement uirements, et-backsrequirements,eandlview ecapin9e planting obstruction aspects. e pfy7 RI' SECTION III, That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1987. s~ RAY STEPHENS# MAYOR CITY OF DENTON, TEXAS a r+ATT.EST: ~t. n at CHARLOTTE ALLENP CITY SECRETARY r CITY OF DENTONj TEXAS F i r APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCHi CITY ATTORNEY CITY OF DENTONp TEXAS BY: r PAGE 2 n ♦..:YAw-.e. a ...:.o.tiNi-fuw:kNd/M ,n n'r...yw, e.. 1 ` .L vd T "Au" :r.#ai..i. } p~ L r y r-A OF t' h tt~ I At, r I t x' ti j 1 P i }a r, r