HomeMy WebLinkAbout02-17-1987
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AGENDA
CITY OF CENTON CITY COUNCIL
FEBRUARY 17, 1987
work Session of the C!,;y of Denton City Council on Tuesday,
Bui~lding 5at0whp.m ichlthehfollowing Defense will be
Februar 171 the Mnicipal 19871
considered:
5:30 p.m.
11 Receive a report by Michael Barton, Principal,
Hospital Management Professionals, Inc. regarding Flow
Hospital.
k ; 2. Receive a report on the City's participation in the
Urban Development Action Grant Program, p.
3. Receive a report on the vicious animal ordinance.
4. Receive a report on TMPA activities by Dr. Roland Vela
a; and Mr. Richard Stewart, representatives to the TMPA
Board.
r 5. Executive Session: '
A. Leyal Matters Under Sec. 2(e), Art. 6252-17
V.A.T,S.
B. Rea] Estate Under Sec. 21f)► Art. 6252-17
V.A.T.S.
Yf C. Personnel/Board Appointments Under sec. 2(g),
Art 6252-17 V.A,T,S.
Regular Meeting of the City of Denton City Council on Tuesday,
February 17, 1987, at 7:00 p.m, in the Council Chambers of the
Municipal Building at which the following items will be
considered:
7:00 p,m.
Y~ 1. Consider approval of the minutes of the regular
meeting of October 7, 1986, and January 6, 1987.
1 r/ r
2. Public Hearings
ah
A. Consider approve] of c petition of the City of
Denton Historic Landmark Commission requesting
that the property located at 943 West Oak Street
be added to the Oak-Hickory Historic District,
" I(? The property is further described as a tract in
the E. Puchalski Survey, Abstract 9960 and is
, located on the south side of West Oak Street
approximately 300 feet west of Mounts Street.
1 41 L~
(The Historic Landmark Commission and the
Planning and zoning Commission recommends ii
approval,)
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City of Denton City Council Agenda
February 17, 1987
Page 2
I ~
B. Consider approval of a petition of the City of
Denton Historic Landmark commission requesting
that the property located at 918 West Oak Street
be added to the Oak-Hickory Historic District.
The property is further described as a tract in
the E. Puchalski Survey, Abstract 996, and is
located on the north side of West Oak street
approximately 500 feet west of Mounts Street,
(The Historic Landmark Commission and the
Planning and zoning Commission recommends
approval.)
t
3. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the staff
recommendations. Approval of the Consent Agenda authorizes the
city manager or his designee to implement each item in
accordance with the Staff recommendations.
Listed below are bids and purchase orders to be
t approved for paymenc under the Ordinance section of the
agenda. Detailed back-up information is attached to the
Q. ordinances (Agenda items 4.A, 4.B, 4.C). This listing is
provided on the Consent Agenda to allow Council Members to
ti discuss any item prior to approval of the ordinance.
A, Bids and Purchase Orderss
y
1. Bid #9687 - Street Lights and Poles 1
2. Bid #9708 - DC/AC Inverter
3, P.O. %%75639 - Priester Supply - $13,521,20
B. Tax Reiunds
` 1. Consider a tax refund to Beverly Halman -
, $591,62
C. Plato and Replats
1. Consider approval of preliminary plat of the
Daugherty Addition, Lots 1 and 2, Block 8.
IThe Planning recommends appioval.tjd Zoning commission
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City of Denton City Council Agenda rr
February 17, 1987
Page 3
2. Consider approval of preliminary and final
replat of the Motor Addition, Lot 3, Block
1. (The Planning and zoning Commission err
recommends approval.)
3. Consider approval of preliminary and final
replat of the Northwood Addition, 10th ,
Installment, Lot 1, Block 1. (The Planning
and zoning Commission recommends approval.)
D. Final Payment ,
1. Consider final payment for Stuart-Pershing '
paving.
4. ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
`P contracts for the purchase of materials,
cc equipment, supplies or services.
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
g r7") contracts for public works improvements to the
water treatment plant.
C. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materiale, equipment, supplies or services in
k t accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids.
D. Consider adoption of an ordinance approving a
change in zoning from the agricultural (A)
classification to the light industrial (LI)
classification, on 95.265 acres located west of
I-35W, approximately 3,500 feet south of Airport
Road (FM 1515) (Z-1750). (Planning and Zoning
recommends approval)
p: E, Consider approval of an ordinance naming a public
park as Avondale Park, (The Parka and Recreation
a.a Advisory Board recommends approval).
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City of Denton City Council Agenda
February 17F 1987
Page 4 1
F, consider approval of an ordinance amending
Article lit Section 27-33 of Chaprter 27
'Wreckers" of the Code of ordinances of the City
of Denton relating to fees charged by e a
0. Consider approval of an ordinance amending the
1986-87 budget and i fortlegaliaerviceament to
Fulbright and Jawore
H, consider approval of an ordinance and contract:
for engineering services for a feasibility study
of cogeneration facilities at North Texas State
University. (The Public Utilities Board
recommends approval).
Resolutions
q A, Consider adoption of a resolution postponing the
regular Council meeting of March 3F 1987.
;r Be Consider adoption of a resolution adopting a
formal investment policy for the City of Denton.
6. Consider appointment of a Deputy City Secretary.
I4f
.
7. Consider approval of members to the citizen's task
.
force on beautification efforts in the City of Denton.
84 consider authorizing the Mayor to -~atablish a Youth
r`F I Opportunities Task Force,
90 Miscellaneous matters from the City Manager.
4 lp, Official Action on Executive Session Itemaj
F' A, Legal Matters
a, Real Estate
C, Personnel
D, Board Appointments
I 110 11
F 11. New Businesss
This iten provides a section for Council members to
5 suggest items for future agendas.
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City of Denton City Council Agenda
February 17, 1987
Pag.." 5
12, Executive Session=
A. Legal Matters Under Sec. 2(e), Art, 6252-17 y
d
V.A.T.S. x Be Real Estate Under Sec, 2(f), Art, 6252-17
V.A,T.S.
C. Personnel/Board Appointments Under Sec, 2(g),
Art 6252-17 V,A,T.S, +
. r
C E R T I F K A T E
' I certify that the above notice of meeting was posted on the
bulletin b a at the Cit H 11 of the city o Denton, Texas,
on the day of , 1487 at o'clock
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F AGENDA
I CITY OF DENTON CITY COUNCIL 4
FEBRUARY 171 1987
Work Session of the City of Denton City Council on Tuesday,
February 17, 1987, at 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. Receive a report by Michael Barton, Principal,
Hospital Management Professionals, Inc, regarding Flow
Hospital,
s~
2, Receive a report on the City's participation in the
Urban Development Action Grant Program,
1 '
3. Receive a report on the vicious animal ordinance,
4. Receive a report on TMPA activities by Dr. Roland Vela
and Mr. Richard Stewart, representatives to the TMPA
Board.
5. Executive session:
A, Legal Matters Under Sec. 2(e), Art. 6252-17
f z.r' V,A.T.S.
}f'; B, Real Estate Under Sec. 2(f), Art. 6252-17
V.
t
C, Personnel/Board Appointments Under Sec, 2(g),
Art 6252-17 V,A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
February 17, 1987, at 7:00 p.m. in the Council Chambers of the
Municipal Building at which the following items will be
considered:
f. j 7:00 p.m.
1.
Consider approval of the minutes of the regular
meeting of October 70 1986, and January 6, 1987,
2, Public Hearings
A. Consider approval of a
Denton Historic LandmarketCommission threquesting
that the
property located at 903 West Oak Street
be added to the oak-Hickory Historic District,
The property is further described as a tract in
the B, Puchalski Survey, Abstract 9!s, and is
*tir , located on the south side of West Oak Street
approximately 300 feet west of Mounts Street,
(The Historic Landmark Commission and the
Planning and Zoning commission recommends
approval.)
{
1
City of Dento,l City Council Agenda
February 17, 1987
Page 2
B. Consider approval of a petition of the City of
Denton Historic Landmark Commission requesting n
that the property located at 918 West Oak Street
be added to the Oak-Hickory Historic District.
The property is further described as a tract in
the E, Puchalski Survey, Abstract 996, and is
located on the north side of West Oik Street
approximately 500 feet west of Mounts Street,
(The Historic Landmark Commission and the
Planning and Zoning commission recommends
approval.)
3. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations, Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
} accordance with the Staff recommendations.
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda items 4.A, 4,8, 4,C). This listing is
provided on the Consent Agenda to allow Council Members to
discuss any item prior to approval of the ordinance.
r A. Bids and Purchase Orders:
1, Bid 19687 - Street Lights and Poles
2, Bid 19708 - DC/AC Inverter
3. P.O. 175639 - Priester Supply - $13,521.20
B. Tax Refunds
11 Consider a tax refund to Beverly Halman -
r. $591,62
C. Plats and Replats
ry
1, consider approval of preliminary plat of the
Daugherty Addition, Lots 1 and 2, Block B.
(The Planning and Zoning Commission
s ~s recoomende approval.)
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City of Denton City Council Agenda
February 17, 1987
Page 3 r
20 Consider approval of preliminary and firil
replat of the Motor Addition, Lot 3, Block
1. (The Planning and Zoning Commission
recommends approval.)
3. Consider approval of preliminary and final
replat of the Northwood Addition, 10th
Installment, Lot 1, Block 1, (The Plannin(j
and Zoning Commission recommends approval.)
D. Final Payment
1. Consider final payment for Stuart-Pershing
paving.
46 Ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the prrchase of materials,
equipment, supplies or services.
,t B, Consider adoption of an ordinance accepting
competitive bide and providing for the award of
{ contracts for public works improvements to the
water treatment plant.
4 `1
e1 ;ill C. Consider adoption of an ordinance providing for
a, the expenditure of fundr, for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids.
N a. D. Consider adoption of an ordinance approving a
change in zoning from the agricultural (A)
classification to the light industrial (LI)
A classification on 95.265 acres located west of
I1 I-35we approximately 31500 feet south of Airport
Road (FM 1515) (2-1750). (Planning and zoning
recommends approval)
E. Consider approval of an ordinance naming a public
park as Avondale Park, (The Parks and Recreation
Advisory Board recommends approval),
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City of Denton City Council Ag,3nda
February 17, 1987 '
Page 4.°
F. Consider approval of an ordinance amending
Article Ii, Section 27-33 of Chaprter 27
'Wreckers' of the Code of ordinances of the City
a of Denton relating to fees charged by services.
0. Consider approval of an ordinance amending the
;j 1986-87 budget and authorizing payment to
Fulbright and Jaworski for legal services.
{ H. Consider approval of an ordinance and contract
for engineering services for a feasibility study +
of cogeneration facilities at North Texas State
1 ~
University. (The Public Utilities Board
recommends approval).
5. Resolutions
r.
A. Consider adoption of a resolution postponing the
' regular Council meeting of March 30 1987.
B. Consider adoption of a resolution adopting a
formal investment policy for the City of Denton.
K 6. Consider appointment of a Deputy City Secretary. 5:.
;t4 76 Consider approval of members to the citizen's task
a t?`i force on beautification efforts in the C%ty of Denton.
a,•
E' 8. Consider authorizing the Mayor to establish a Youth
opportunities 'task Force.
90 Miscellaneous matters from the City Manager.
10, Official Action on Executive Session items:
A, Legal Matters
' B. Real Estate
C. Personnel
D. Board Appointments
11. Nev Business:
This item provides a section for Council Members to
suggest items for future agendas,
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City of Denton City Council Agenda '
February 17, 1987 k
Page 5
12, Executive Session:
A, Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under sec. 2(fArt. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Undor Sec. 2(g),
Art 6252-17 V.A.T.S.
C E R T I F I C A T E
k" 3?5. I certify that the above notice of meeting was posted on the
„a bulletin board at the City Hall of the City of Denton, Texas,
on the day of , 1987 at o'clock
Psi S(some)' p.m, .
k t CITY SECRETARY
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VAT E: 2-9-t17 A
C 1 T Y M.UN( 1 I, RfiP0RT_ 1011MA'r
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TO: Mayer and Members df tlw City Council
FROM Lloyd 11al,re'l, City Mufnger
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SUBJECTI Urban Development Action Grant Program ,x
E RECOMMENDATION:,
a•idAFbr: The UDAG program is one that supports development within depressed
areas of cities & counties. Federal funds provide "gap" financing for de-
velopment of manufacturing, commercial, retail or residential developments ,
within the targeted area. The developer Vet provide financing in at least
a 2.5 to 1 ratio & he/she must provide evidence that "but for" the federal
rc funds the project would not be feasible, The locality must provide a 201
match of the grant fr As requested. The proposed project will be judged
aocording to the extent to which the following criteria are fulfilled: 1)
Provision of direct benefits to low & moderate inoome groups 2) provision of
new jobs 3) proceeds fmn private repayment benefiting low & moderate income
individuals 4) opportunities are created for minority entrepreneurs & for the
hiring of minorities.
4t F i'- HAC : zhe city was informed by Victor Hancock, Regional Director of
H.U.D. ~fice of Planning & Canmuaity Development that our eligibility
for the Urban Development Action Grant Program was approved until November 1967.
u, PRDGBAMS DEPAR72gMS OR GROWS AFFDCPFD: Several' departments will be in-
developn>er►t of a wggA proposal. Legal, Engineering, Planning,
Finance & other departz+:eats will be called upon to pnr,vide technical asais- r
tance prior to eaTletion of an acceptable proposal.
1 F29CAL neAM She City will ba expe..ei to provide an amount equal to
,20% of the requested funds.
a 'I
k:.spectrully submitted:
4 '
~ Lloyd l rell, Ci y
prepared by.,
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T it l e 0=n1 City Development Coordinator
Al roVed:
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Ti t le Director of Planning & damunity Development
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M Federal Rooster 1 Vc.. 47, No, 29 1 Tuesday. February 23, 1902 / Rules and Regulations
and low Income ptrsona s'. t by (d) Prior to the Issuance by the reel lent. that there are no impedirri
minoritles. Secretary of the tavironmental releasua to closeout, Closeout shall be carried out
required by 24 CFR Part 54, the In accordance with 1570.557 and
a .44Schfrowning ar ~ ~t oo 1 Recipient may not use any funds. applicable HUD guldelines.
f I
Including local funds, to take any action of rotas and
(al no use of grant funds is with rotpect to the Project when such Ia70.1U Applicability conditioned upon the Ftelplent Incurring action might have an adverse Foutatau.
costs to be paid in accordance with the environmental effect, would limit The provisions of Subparts A. 9. o-
grant agrsemenl or @a* a to rwlchoices among competbtP alternatives. X and 0 at this Part 370 shall apply to
appproved by the Secretary In writing. at mreght alter the environmental this su part except to the extent that
The Inci of coo to to be paid out of it a I sea on which the pending they its modified or augmented by this
grant funds ahalo be govemad by the ato net Is based In sucb a fashion that wbp&K
lollowty the validity of the conrJyyaJ~ons to be / tktwan.wee tw awe
(11 reached would be affected a7o es Mow urban eatsnttas ft hh i
u cilled (e)
mi+:'
to Action Gnaw may also pwMo
1A J .1 Als", 1111114'r In fundlog for soomomic development and
g1 Ahw approval net irlsood revitalization projects
data, sllgtble a tae costs, targeted to swarely dlatrwaad arm
incltsdimg bee not limited to costs a t I rmm baled womb arts anal aped lbduts drove I) Is
aavlrpsmeaW atadies .say ba Ina arrod r'"okw eommudtlas whtah do not asset Action
before or aim the efbotiw dab a f the (r Gnat Prgnm dtstmW aeltaia. Cities
~ae1 (the data Me axe salad err tllEvb MUM sel ll 10 and urban counties WOW seeder rite
by t W !Iwf" and As saddeedon of liW Arco and to Contra] Provision Mp not mast 60 slot
lorri entae tooditlama Offlce all tadafom to the A atsmdWds d aewomko diabeet dibbodd
(g) Isxoept as pardlbd by U CYR Pert k IS I of bet wast (sa aNgfl Wog:
M m othw eoeM b be pId cal of gnat W min 0 04 t male may ba Imcaned M I ; ram 1 at l bP~b L~ to
al say P~1 PW]' mW aRw pit pol aim we WAwAW
Li ai 16a
eftaotiva dab of the it apasmank cep appitsaat b provide hviaawd public c.,3 dab
emviroaauntal ooadltioos of 24 CPR Part asalotome ,+apy and arecdy to and
the gaagse elaSied Poakat d
N haw bane IlAy saddled and the a it=
Secretary has IWued do or drommaaPal P of Poverty asd its kw• and saadanM
relasaaa ngoked by 24 CPR Part SL I a htoosr. Inhabitub *,coo.66
Peov'don d lo►s, and a etvltaWed
(4) Alb: the redptzat lu "*W cep N1 !'"r00'' ""'j
of the eavkommtaial conditions and the Aaurrdoanis. Appllamto ~ soaasamda swvkaemut 1k b, bat me
nratahas as Issued ued the pnUsaw q vW mm! sob soft to tht asset tkaat. gOpsomt of aL Action
M ; t
Sey sl tic e Fil1D Courtrai dot a:"On 9)t Gram2 A$dOASa sands 210119111111110 aftse
the pes tldolea s, t May ti approval dcoy alpdSoaat amndraenL Oolobw 1.199 may be awl in tsodwts
alb: ppre approval al dot* for time
A oopy of 60 request wort ales be
the ' d Poywq'. The folk»ring p W agrmpht sett
p~irtldpatktg partlat y kteneaitglbla wbmithd to do Arse rJmos A foi n"tal applytsg ody to eamm wuu
coats to be paid out d put beds traw oombldag poekw d eq. All other
Prorlataal d orbpart f3 an~yy is thtW
(b) IUa Ali doll 1e law OWN in Marti" or utinum ad" w~
win cheap saw locadiso. sale at
i paragraph (a) of this ssotion it mot an bwfick" of mph aaNvides or wbtoh, eomasudtlw atrospl n eaodthed hwein.
aathoelzalloa to Masher" do" coats (a) De"MLOV ellg/a"byl r
oor
and don not msaw at leply that #Wb u a tagll of a assfill d wok! mo. w1dat WApfrring lboke4 of
cow will be cwtbttreed out of final add all to b an an assistant Thal Co
l tea' apof awoaoambm~y to
griatod to oboes ngww eeld (Rd lbp~ jf 1 0 "
ah artai all
appbad foe Podab of Poverty
"Mad
(t) Now cr dominantly aiww uatstmos mast abash a request for a
activities must malt the aibsia tat dolaedmtba of digibi to the
aeleotiset Ipp~able al thol time of a~pe~p~1 to HUD mesa offffiice as
r d I&at ' shall ba na)),yy11 d thi loop am amaadm L apidbedaIn 1470.40 and 470.414 and
pvamd by IM provi",of the gnat (gj TM teclascot haw oompWd as medUlsd bers, In addidoo to uW tliq
agraaesea! applicable to tale po t d wity all requlaamants of digs subpart . the Wtatta of thin anWm, each
i eats and the attest of [undo the (9) The redpitnl may make apvbcut oml haw damoutnla:'
SOW*tM. amaadmmts AN idan shoes rayeski na.4omable malts In laovidlaS t.
for
pproval a dtsod fn Po'teoadkrw-randmodamte•
(e Neld w the Redplad mse any prior HUD a
Pev~glpatlmS tsatr any cow para~apk cb1 d 16te eeatiom btrt nab income asrplalmed in I g70.4WItij, most
asp
have nhlavtd n~asyo~ru1yb~lo mau]b In
In annaatlem with soy aodrlty to bt tgdplaat maul eotSty both 1M Amt and
j paW for, In taboo or In 'part wtlh finel Camtral OMM of sigh a mwL 'm f _ a in bowleg
funds win thougk such mow:alp sot and amp ,tarn! to (ow-and aradarata-
be talrmbtund out of gnat Nods, urtleu 1074./01 FmMM dood . Income pataom said members of
each oats mi be trwmd pursuant to HUD will advise the redplent to minority l~oouupe n in Amill el and
paragraph (a) of this antlos it such Inltlale closeout procedures whon HUD each appllcamt pkttalamltldemmmat j7(a
costs were to be paid out of pant funds. determined, in consul. Ion with the services to mad to Poaktts oftssty
Federal Ragfster 1 Vol. 47, No. 36 1 Tuesday, February 23. 1962 1 Rules and Regulsli."s 7993
Ma(d"(ses paragraph (a)(61 of this paragraph (11{21 flit anAlgil of this provides the pocket of Poverty at least
section), section. We level of service. Similarly. if the
(2) v ~yfagQp (4) the of Census Data in standard for sanitation is ••-i' trash
or mote n U on ounfle. A city Documenfi orockef oJPoveny. pickups in the more affluent areas. the
with a popes a on over 50.000 or urban Applicants d r:0 Fifils applicant must have dale and analyses
county which does not meet the Count Bb -k Group /Enumeration In Ito file that demonstrate that it
minimum standards of physical and Distrlcl computer tape file available provides the Pocket or Poverty at least
economic 11-tras, based on data for the from Census summary tape processln; this level of service, eta
community as a whole may qualify as centers and from the FiIJD Ana Office, (11) The data and anc!yses on file must
an appScant for Action Crania It II special Census surveys or data verified also Indicate that thq~Ql :e_
coots a a "pocket" conalstla= of a by the Census and 024d V11 rq~ Al".6mm-M i. P--. n~a
apeoiflcall yy defined ~~aeoopp~~p c arms eemnuabG data from a nstr alcal
mooting afi all the tolfowLy criteria: as soon as It 1 avallabilt. to estaVi8 s at of Poverty:
(t) Ara. The taockat of Poverty must po ulaU04 income and poverty level& they must to act resemble loal
be an woe composed of ~b) CsrtiJicorion of & Prwpp&QU0n efforts to adjust to the service needs
acts aatt an sa 'yfbI Data. The applicant a ~ rout ~afrom such
tlrs h Physical
and &M (salon as
block
2s yf~ 4A beat o his ow Not oust endues
!terns. For Wxapfea nLUvety lUgh
Poverty defined to applJatfoa meats revel of density to the pocket would be
otbar words. the population, lacoms and pomeae. mow fraq-sot
a city vorith a popuits"M of 100A00 or criteria described is We pat= (e) trash pldmpa or sbarGe schadulad trips
at haw a Pncul ul el Gast toad that the data pe"Wed is the for treab Pickups than In a lower density
10.000. A city of IM thaa 100,000 appllcadom to estabHah anMbft are
pooa'atlaa AMC
sort harm a Podnt of at taro and pausal
Gast l0 pesoea! of he popatNloa. (b Akmaparabilt 8serfne, The leMdLowdart aft ~muntiot;
11 ps osyn~ a ~ V ~ok Of • •hm
aitamtnatlos 11111111
mad
Iha
to ap~prl{ioca~ynt Is 1y
pwoomphs
{u rnoortf.• aaa[~6m(p)oko er whioh h ~ of IhG aaatloo. Howar,
la) o0sh to the dace ted Poolow of fad tationa d " M will topprow a
the
100 =AbAnsfi-whiii§Lto
the
mum w
MIA" WUTPJW MIa Its
to IM beak
(hnfa~ oo rs u ,,«g,iLpf t6a a.rrroaa t
why, d~mooatwta Io repo that
hair jM m,mb.ra to a' a" tr popnlaum thaw. G on other saN.bla aifa for 1M
(~1 Pb ddlag
peokst but th MUMO Pealed to the Poetical of P"" To do
dataa mood not sha tddia the
rho ae mat bebroom- -bow 1M jalsollotleo'a madfaa the APPIlcom
ofda of that nr } rlai In cortifitiestion tawN lodloata =toe od dr wradd oott be
! sad a that the A- poeh.t at Ite:aMatlon on i dta
in tha
ILA Ma h - veto (ei, Gad caw ptoWM d-nsity elta !a e poe ost world cease M..a to
M Wilk ilo00o which data apt type} loco, and modereta iccoua niWwa of
AFdoo
mast tM minlmuat standards of pbyslod U) T6a peaapplfa*4 "M in"Is tM pookA sad the sows ovuail
sad ace a'-to dtasna based on data for that the appYeaot has oa Ste dace sad aoommfc tlarelopsaen4 4 An assist"
I sM tleeimaoity es a wboG ray q-tolilr afti Mal esrvica, OM mreje projects dilrecily a*Mt t ta a nthat
as an o tapplicant For Aofioo Groacto If it lush-to eoatiol, loam dew,~Yt ~ ~ambib st mot mat
oontabu to doe b or d" ml I &mW anare of the b the mail' a* todatmm rsqulrameels
Ph)
A ~scam, aNiq s1E of Iha I and otdlatowlkh described in Paralrape (c) of thls
p) Area. The Pookst of Poverty must r' esetka
rot AddluAa~rW7rioua9D//orl~lladrtfF-a{clarsln
be an us& track aoumsna dlsk~ WIN
Will ON
. W. nil 0 pp or orbar a»as ddtad by me
the st ooespared to Cerrsr o/ Applcants for Action Crtonts
j ll.B nap of jM Gnsa a for which the mere affluent are. U oorp.eGoos of under the Pocbba of Povsriy Prorvislaft
j data oettlMd by like IJA llurau of tha per capita atptot►dltrrrw of bask wrvloa must awl the ngdrasae4 of thla
Cams is avanable.IU dsnasd ere not praottabG, the day sad madam to additlan to than described to
posaphk area out owGtn tot least analyses on ak should tun i aitlAal
01, Y wiuJo6 a~to pose (a) Pror!-lon of lwd Moerhliv
to sto eervloesPM Gvei toad llrrr, cots ate( for /tattoo
ca of basic
ty" o shop v*m" sd povldodd to tM Crane Pookeel oI Povorty ~ in tom allow to I I& A. A A.
!=.M MWI 91
of swim" tofllusnt wstdeetltol are, -
s murw- If the police do oat's standard fa rot; to o tea a a
excluded In de(leing the Pockst of M sons to oa0s nqusstim asaGtaoea mat s amennl of & out
to the mow atnuuent awe- - "x" wqussted aquae Iha saetmt of roomy
(I1~fnoome and Payorty Small fides minutes, then tM appnasat met bsva which the private partldpa
r lallli{ tl0lfG9lOdGI~9 In documentation in Its films that It states is necessary in order to ~1d tM
A Federal Rooster / Vol. 47. No. 30 / Tuesday. February 23, 1962 / Ruler and Regulations,
Project. The ste!ement that "but for The L,.r 5r n, ar•nl rat w TtlV•/ rme en.l to meet comparable service
recelpl of the public funds requested ~jg~ gre requirements defined in paragraph (a)(7)
' ' is further described under "firm a of this section or to subsOule for
private commitment" In 1570.4511h), 1-onleforI train 14 pockel. HUD applicant resources normally made
the h .t .t . e cut l d b encourages app runts to ensure that at available to the pocket's area cr their
I If t lea llRpet>aai~alIpermanent jobs residents.
Amburil. Sec on s may a erived are filled bypet-sons from the pocket (v) Minority Entrepreneurs. HUD
from 1 funding s, $yglfunds qualified to participate In the WtA encourages the appllanl to provide
or from
SiLLEAd ~I program on a Continuous bel
l HUD a. Opportunities for m1nor?ly entrepreneurs.
ygpajte the use of nancial aasbtance to requires all applicants to co including minoriry entrepreneurs from
meet the non-Federal share requirement S the pockets, in s@ aspects of the project
of Federal grant-in-aid programs, t o A rero Ling (planning, design, construction and
,yve,, m m any Action rant-+reistedproject operation of the project).
+I a source of the ioca mat are provided to low- and moderate- (vi} Minority Jobs. HUD encourages
p Use p1 the LocolMakh Income persons and that At least 5 1 the applicant to provide )ob opportunity
!
1MMgnt of all neat lobs resulting to low- and moderate-income minorities
su ng from m any ct on ran •aseirted project equlvdent H a minimum, to their
the project an beuuee of the are provided to low- and moderate. proportlom of the population in the
project For example, the match maybe Income residents from the pocket. The et
used to provide .ewer sad water application 160uld clearly deseriba, how
E faclutles rpuired by the project or the applicaal Intends to meet Initial and JOr Protect Selsctlon for
j roA6 aped tally needed by the project continuous ~b requirements. Applicants Pammunitles Cont al Applications from
(tl) Prrovlilon of 4 IMF! Commitment bverty~{i) is of PL arty communities
f are referred to 1 570.ab1(b) ocmeerntng el bit Podcab of Poverty commu munltiN
of the Local Motchlnp PLndr. If the legally binding commitments. pJW4 win be oauidaad Separately from those
source of the funds to be used as the 0uticiGtltu oartiee moat IlGiia of distrasNd oasnmowa" However, r
match'- from own source revenues or m ens man each submitted b uridiction@
locallY derived revenues, the chief its Pockets
exacuttva officer must submit evidence paced;paab to do so, JumA~plik a b a oat6a basis of fb .of S
with the opplluoon that a city or county Poverty must compare favorebly on its F
council reeoluttem a other gp 1 sons own merits with any other Action Grant r'
S100161; of 1 e ° project to be Selected for funding.
s, a source of s w e p vets pa clpating Criteria for the selection of projects for
sus un ts a tale or ederal a en preliminary funding approval are set
g cy party as
determined will eaa6te It 1o forth In J 570.450 (a) and ft and (e)
which most • their utlllutlon most these requirements In the
then a letter of commve itment tram that aggregate and (tl) provisions which will through (r) with the additions and
maModifi y must be submitted with the enable the private aract a Gtlose NI fott6 to paragraph
apppltutlon. declass a D P hearty to ( (d)(2) d}(2} of 161. racoon. -
I3 Dinar BeneJita to the low- and agreement 1 e eueet o not 11 follow (2) Addidonol Poston for the
Ma rots Inca Iahobitonte of the such practices. Selection oJPro//sets for Pending. HUD
Pocket oJPoverty Appliants must (Ii) Services and Physleal shell In each ulendat quarter review all
demonstrate That the Improvements. It rel event the proposals waived and pending :
consideration and aball ddaemine which
application should describe the wrvtcos Amo such proposals shall receive '
and physical improvements to be ry funding approval provided by the project and their prelimino a val on the t`
Specific relationship to the needs of the following baser.
A el o overly, low- and moderate-Income Inhabitants (g no c et of Po ve Poverty as m of used be ,
partlc u y Ge area occupied by of the Pocket of Poverty. In a Pocket of Poverty a measured by
low- and modurata-income »sldemb of (111) Bepoyment by Private Sector. the percent of residents below the
the pocket of poverty. Applications must HUD the applicant to utluu national poverty level and the percent of
address the following categories of
I of Acton residents with Incomes below 80 percent
fle"4EIA LIT IF 41JI,
benefit. and Impacts. Grant s or oca mat des by the of the median Income. ;
a (!1 Bmploymmt t?pporfuneiet The rive to sector
(ill T6a tompuaow d gne of s
foo
pp CA on must describe tho rumbee benefits la tea provided to low- and . Son and; to the extenl possible the type%of moderato-Income persons residing In
the a 29 'Nat'l ANN new lobs (construction ants permanent) (iv ax ncrement. HUD area. For sample, glum two equally }
t which will be provided to the low- and the a plicent to allm-to I as feasible and effective proposals, HUD
moderal"come residents of the Pocket will select that roposal which provides
I of Poverty a a direct result of the Shot] tax n ?'t [not! crash 1ha greased overall benefits to Iow• and
proposed ect If the application ails In properly tax rivenncs over curnot moderele•Income
€ p prrooi persons Irving In the t
for job trairsing progremA (Inch as those revenues) resulting from the project to pocket olpoverty.
III to the Cgf A program) or job the Pocket of Poverty for rconom)c or ('Ill) HUD shall oleo consider.
reerultlty oarvtcoa tot the pocket I community development purposes (A) The extent to which the project
re51den116 then such proposed Activities parocululy the area provides jobs to CSTA•eilgibte residents
must he clearly and fully explained,
HU oocu A y ow- and moderate-Income of the Pocket of Poverty
D oiret oppbeanto to ensure that testda its of the Pocket of Poverty, The (S) the extent to which s signblunt
activities for which the funds may be portion of the tax increment or an
used most directly benefit the tow. and equlvalent thereof, Is allowed for
AroGcNtLilioyj moderate-Income residents of the Pocket economic or community development
medueta•Ineame 04111 • an tha1LL of Poverty. The funds may not bas used purposes within the pock st for actlvioee x
'i
j
III
5~~ad t#3
DATEi February 12, 1987 r'
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager .C
k'
SUBJECTs DISCUSSION OF THE VICIOUS ANIMAL ORDINANCE
RECOMMENDATION:
This item was placed on the agenda for discussion purposes only: therefore,
no recommendation has been provided at this time.
BACKGROUND:
In July, 1986, the City Council considered amending the Animal Control
ordinance relative to sections pertaining to the handling and disposition of
animals involved in animal attack or bite cases. Given the amount of concern
raised over this issue, the Council requested that the staff establish a
special task force made up of members from various groups affected by the
x ordinance in an effort to devolop an ordinance which would adequately address
the problem of vicious animals while satisfying the concerns raised by thtJse
special interest groups.
rr .
To this end, the staff established the Vicious Animal Ordinance Tse'd Force
which consisted of the following memberss
o Dr. Sam Rainey, D.V,M., representing the Denton
Veterinarian Association
. I•~'' o Dr. Joseph Scott, M.D., representing the local medical
x
community
r o Ms. Vicki Christenson, representing the Denton
Humane Society
o Mr. William Weiser, representing the Victims
o Ms, Norie Kull, representing the Animal Control Division
o Mr. Bill Angeloo representing the City of Denton
The Task ForCA.met on several occasions over the last several months to
review ordinances from other cities, discuss the concerns raised before the
Council, and to develop recommendations addressing these concerns. Upon
fr formulating these recommendations, they were submitted to the City Attorney's
Office for review, comment and the formal development of the proposed ordi-
nance,
wn ~ : ~y
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.
DISCUSSION OF THE VICIOUS ANIMAL ORDINANCE
February 12, 1987
Page 2
f
SUMMARYi
The proposed ordinance addresses, for the most part, all of the concerns and
` issues raised before the Council and, in our opinion, adequately addresses
the problems associated with vicious animals. In effect, the ordinance
requires the filing of a sworn vicious animal complaint through the Animal
Control Center, including the submission of a statement by an examining
physician. Once all of the required documentation is submitted, the Animal
Control Division will conduct a preliminary investigation to insure the
validity of the complaint and present their findings to the City Manager or
his designee to determine whether or not a nearing should be held. Hearings ,
will be conducted by a panel of three members as appointed by the City
Manager. The panel will be made up of a veterinarian, a physician and a
mem')er of the City staff, Upon hearing any and all evidence relating to the
case, the panel may determine:
1. The animal is a danger to the community and shall be humanely destroyed,
2. The animal is a potential menace to the community and meet be kept by
l?' the owner under conditions imposed by the panel.
k 3. The animal is not a danger or
returned to the owner, potential menace to the community and
shall be
* As in any such cane, the owner of the animal shall have the right to appeal
any such decision to a court of competent jurisdiction. In any case where
the animal has been found to be a potential menace and owner has failed to
r restrain the animal as prescribed by the panel, a new hearinq shall be
conducted to consider the humane destruction of the animal.
In essence, this process addressee all the concerns raised before tho Council ,
with one exception. This one exception involves the confinement of the
animal complained of at the Animal Control Center. While the local voter-
inarians believe that the animal owner should have the option of confining
the animal at the Center or at one of the local veterinarians, our attorneys
have voiced some concern over this practice, primarily due to the potential
liability this practice may present for the veterinarians. Hopefully, we
will be able to resolve this matter prior to the Council meeting.
i,wy e
X ~
PROGRAMS, DEPARTMENTS OR CROUPS AnECTEDe
+ Animal Control Division
Animal Owners
Citizens
J
1
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J L
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it
DISCUSSION OF THE VICIOUS ANIMAL ORDINANCE
February 12, 1987
,
Page 3
FISCAL IMPACTi
Undetermined at this time, but little, if any, additional costs are antic-
ipated.
t
Respectfully aubmitted,
Y ~r r ,A I
*1 'y .
,
F' Lloyd Harrell
ors ' city manager
s
Prepared byi
i Bi 1 An9s o
' Director of Community Services
S
Approved Dy i
Bill Angelo
i r a, p «
Director of Commity services
9
ss4 1ac01136706 ii+.~..
4
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UAW*.ply H.L.....a,rn,.,...... , ,..,,•+r.se c<4+n.M~W1AY iik,flAFNri,u rn:r+,....,... .v,.kr..."aiM;~ 'F' ,
e
4
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
T0: Bill Angelo, Director, ommunity Services
FROM: Joe D. Morris, Assistant City Attorney
Fs .
SUBJECT: Proposed Ordinance on Vicious Animals
DATE: January 26, 1987
Attached is the proposed draft of the ordinance for vicious
animals. Although the proposed draft attempts to accomplish
the intent of the Committee's goals as we understand them, we
have made some revisions in the provisions previously
5 proposed, A brief summary of the contents of the draft
ordinance follows.
Section I provides a definition of "running at large"
' and eliminates the definition of "vicious animal". This was
done because article ti will apply to animals "running at
° j large", for which no definition is otherwise provided. No
' 13 definition of a "vicious animal" is needed, since article II
will provide for that determination on a case by case b+.sis.
Section II amends section 4-7.1 to provide for the impound-
ment of animals "running at large". When section 4-7 was
amended, the provision allowing for impoundment of "strays"
was not amended accordingly.
Section IIi of the draft ordinance contains the provisions
that amend article II of chapter 4 as they apply to vicious
a. animals, Section 4-41 provides for application of the
article to animals which attack or bite a person or animal
while running at large or restrained in a public place.
one point that may need further discussion is whether a
definition of "attack" is needed. The procedures for filing
a complaint requires that the person or animal attacked or
bitten be examined or treated within 48 hours of the
incident, We assumed that that requirement would adequately
limit most cases of animal attacks to circumstAnces where
4,4 there was aptuai physical contact and some medical treatment
was needed, although one could suggest cases where a person
` may be examined or treated after an "attack", without there
" having been
physical contact. We note that most ordinances
v
x
r
I
i
Bill Angelo
January 26, 1987
Page Two i
we have seen regarding vicious animals are only applicable to
cases where the victim is actually bitten, and avoid the
definitional problem of what qualifies as an "attack".
For purposes of article ii, section 4-42 defines "animals" in
reference to those animals required to be restrained by
section 4-7. "Restrained in a public place" is defined so as
to take into account animal bites occurring in "public
places" by animals "staked" in those areas. Although there
is a definition of "public place" in article I of chapter 40
we have provided a somewhat broader definition for the
purpose of article 11, because the Municipal Judge has
indicated that the "public place" definition of the Penal
Code, from which the article I definition was taken, would
not be construed to apply to open yards of private homes.
t ,
Section 4-45, which is a significant change from the previous
draft, provides for a probable cause hearing and impoundment
order by the City Manager. In order to insure that tho due
I
process requirements of the U.S. Constitution are met, we ;
have provided an initial determination by the City Manager as
a condition to the holding of the animal. We have also
provided for impoundment of the animal at the animal co:.trol
center if probable cause to hold the animal is found. This
is to prevent any problems that could arise if we allowed
impoundment with a third party. If, on final determination
R, the animal is ordered destroyed, the third party may not want
to risk the potential liability he could have by turning the
animal over to the city for destruction.
The appeal process has been substantially changed in
" accordance with the provisions of section 4.48. In essence,
the order of the panel is final unless the person gains a
r ` court order enjoining the destruction. This avoids the
requirements of posting a bond and holding the animal for a
s. lengthy period of time$ Legally, we need not provide for an
appeal of the panel's deoision, so long as all constitutional
" due process requirements are satisfied by the ordinance. If
the person does seek an order enjoining destruction of the
animal, we may'seek a bond from the court to secure the cost
of holding the animal.
Finally, Section IV of the draft ordinance amends section
4-51 (e) to provide for ,a ment of all impoundment fees as a
G condition to release of the animal, except where it is found
r~
1
Y
Bill Angelo
January 26, 1987
Page Three
that the attack or biting did not occur, or that if either
' one did occur, neither occurred when the animal was running
at large or while restrained in a public place. We do not
believe that it would be legally permissible to require the
payment of impoundment fees if it was found that no attack or
biting occurred or that the attack or biting occurred when
the animal was awfully restrained in a private place.
In closing, we would ask that you review the proposed draft
ordinance vary carefully, particularly as to the administra-
tivs procedures that are to be followed. If you have any
+ glisst one or comments, please contact our office at your
P earliest convenience.
VIA
D. MORRIS
v a'
JDMt js
` 1 xo: Lloyd V. Harrell, City Manager
APPROVEDS '
` . AcG DEBRA AD D Y ITCH '
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1698L D~' Q
NO.
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 4 OF.
THE CODE OF ORDINANCES RELATING TO ANIMALS; AMENDING PROVISIONS
RELATING TO THE IMPOUNDMENT OF ANIMALS AND THE PAYMENT OF FEES;
PROVIDING FOR PROCEDURES FOR THE FILING AND INVESTIGATION OF
S,. COMPLAINTS OF ANIMALS ATTACKING OR BITING PERSONS OR ANIMALS; td
PROVIDING FOR IMPOUNDMENT AND DESTRUCTION OF ANIMALS DETERMINED
TO BE DANGEROUS AFTER NOTICE AND HEARING. PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR
VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
' z• THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
~S That section 4-2 (8), of chapter 4, defining "vicious animal",
is amended to read as follows:
t
(8)Running at Large. Not restrained by leash, fenced
w,
yard or enclosed structure, in violation of section
4-7 of this chapter.
SECTION II.
a That section 4-7.1 of chapter 4 is amended to read apt follows:
i Sec. 4.7-1. Same--Duty of officers to impound.
The animal control officer is authorized to impound any
animal which is running at large within the City; any
animal for which an-impoundment order is issued in accor-
dance with article 11 of this chapter; any animal which
j has been confined under section 4.6; or, for which
impoundment is otherwise authorized by this chapter or
state law. Where an animal is running at large in a
public place, the impounding officer may enter upon the
public place for the purpose of impoundment or issuance
of a citation, or both, unless the officer has notice
that entry is forbidden. In no case, however, shalt an
' animal control officer enter a building on privato
' property for the purpose of impoundment or the issuance
of a citation without the effective consent of the
owner, the order of a magistrate, or as otherwise
Allowed by state law.
Fy tri:
ar
. .
,I
i
a
4
t
SECTION III,
That Article II of Chapter 4 of the Code of Ordinances is
amended to read as follows,
ARTICLE II. DANGEROUS ANT14ALS
Sec. 4-41. Purpose and Scope.
The purpose of this article is to protect the health, safety,
and general welfare of the City by providing for the destruction
of animals determined to be dangerous.
t, The administrative procedures of this article shall apply to
any animal which, while running at large or while restrained in a
public place has bitten or attacked a person or another animal,
and for whicL a complaint has been filed in accordance with this
article.
j Sec. 4-42. Definitions.
Mr ,
"Animal" shall mean any animal required to be restrained in
accordance with section 4-7 of this chapter.
"Restrained in a public place" sh311 mean physically held or
s .RrF i r' ' tethered by leash, rope or similar device In any place to which
the public or i substantial group of the public has access, or
k any place to which a child may freely wander, and includes, but
-is not limited to, streets, highways, and the common areas and
unfenced yards or grounds of schools, churches, hospitals,
apartment houses, office buildings, residential dwellings and
y
businesses.
Sec. 4.43. Filing of Complaint.
k To invoke the provisions of this article, a written complaint
must be filed as follows:
rf 'SFj (a) The complaint shall be filed with the Animal Control
Center within two (2) business days of the' date Cis person or ~
animal was attacked or bitten, on a form provided by the City,
r` which shall give notice of the penalty forthe filing or signing
a false complaint, as provided for in thi
of s article.
14
r.
(b) The complaint shall be signed by the person, or owner of
the animal, attacked or bitten, as the case way bo. If the per-
son required to sign the complaint is a minor or is Incapacitated,
PAGE 2
d
44
•
1
7
s
the complaint shall be signed by the person's parent, guardian or
legal representative.
'4k
(c) The complaint shall contain the following information:
1. The name, address, and telephone number of the per-
son attacked or bitten, or the owner of the animal
attacked or bitten, as the case may be.
S;
2. The facts and circumstances of the incident, in-
cluding the date, time, and location; a description
of the animal complained of; and, if known, the
name, address, and telephone number of the owner
of the animal complained of, and of any witness.
3. A statement that the animal complained of, while
running at large or while restrained in a public
place, attacked or bit a person or another animal..
(d) The complaint shall be accompanied by a written statement
t from a physician or veterinarian, as the case may be, showing that
the person or animal attacked or bitten was examined or treated
within forty-eight (48) hours of the incident, and stating the
a nature and extent of any injuries suffered.
Sec. 4.44. Making False Complaint.
' It shall be unlawful for any person to file or sign the
written complaint required by this article when the person knows
that the complaint contains false information.
"4
` 5
Sec. 4-45. Investigation; Probable Cause Hearing; Impoundment
Order.
(a) If a complaint is properly filed in accordance with sec-
tion 4.43, the Animal Control Center shall promptly investigate
the :complaint, prepare a written report of the result of the
investigation, and deliver a copy of the complaint and report to
the City Manager.
.
(b) Upon receiving the complaint and investigative report
w the City manager shall, if the owner of the animal cog lained of
a is known, immediately schedule a hearing to be held before the
City Manager to determine whether there is probable cause to
believe that the animal complained of is a dangerous animal and
r should be impounded pending a determination hearing. The owner
of the animal complained of shall be given written notice of the
hearing at least twenty-four (24) hours prior to the time of the
bearing by personal service or by delivering a copy of the notice
PAGE 3
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4
to the last known address of the owner.
(c) At the time of the scheduled hearing, which shall be con-
ducted informally, the City Manager may consider the complaint
filed, the investigative report, medical statements, the testimony
of the owner of the animal complained of, the testimony of the
complainant, witnesses, or other interested parties, and any
other information relevant to the incident.
(d) If the City Manager determines that the evidence received
shows there is probable cause to believe that a hearing panel
could, in accordance with section 4.47 (b) (1), find that the
bnimal complained of would be a danger to the community if not
destroyed; then the City Manager shall promptly schedule a E'
determination hearing as provided for in section 4-46 and issue a
written order that the animal be impounded ai the animal control a
center pending the outcome of the hearing. x.
(e) If the City Manager determines that there is no probable
cause to believe that the hearing panel could, in accordance with
G section 4-47 (b) (1), find that the animal would be a danger to
the community if not destroyed, no further action shall be taken
k ; on the complaint.
rA 4' Sec. 4.46. Determination Nearing.
(a) If a determination hearing Is scheduled by the City
a Manager in accordance with section 4-4S, it shall be held not
f later than the fifteenth day after the impoundment of the
s animal. At any time prior to the hearing date, the City Manager
i may continue the hearing to a later date uppon the written request
of the owner of the animal complained of, if good cause is shown;
upon the -written statement of the physician of a person injured
by the animal stating that the person is not medically able to
attend the hearingl or, in the event it is necessary to give
notice of the hearing by newspaper publication.
U-1 I ` (b) The owner of the animal complained of, if known, shall be
given written notice of the hearing by personal service or
certified mail, return receipt requested, at least five (5) days
g` rior to the hearing date. If the written notice cannot be given
y personal delivery or mail, then the notice shall be published
one (1) time in a newspaper of general circulation at least seven
.
(7) days prior to the date of the hearing. The notice shall
include the following:
1. A general description of the animst.
2. The place, date, and time of the hearing.
{
•
PAGE 4
t
}
3. That the owner of the animal complained of may
appear at the hearing and present evidence,
cross-examine witnesses, and be represented by
legal counsel.
4. That the animal shall be ordered destroyed if
found to be a danger to the community.
(c) The hearing shall be held brfore a hearing panel of three
members as appointed by the City Manager. The members shall con-
sist of a veterinarian, a physician, and a member of the City's
staff. The hearing panel shall not be bound by technical rules r
of evidence, but shall conduct the hearing informally in accor-
dance with procedures to insure an orderly hearing. All persons
wishing or called to give testimony shall be sworn and may be
questioned by the panel, the complainant, and the owner of the
animal complained of. The hearing panel may receive, elicit, and
consider all evidence it considers relevant on the issue of
whether the animal complained of would be a danger to the
community if not destroyed, Including, but not limited to, the
following:
t
1. The seriousness of the attack or biting and the
attendant medical treatment, if any.
2. Any prior incidents of attacks or biting by the
y , a S,
' animal complained of, while the animal was
running at large or restrained in a public place,
so as to indicate the potential danger the animal
may pose to the community if not destroyed.
3, Whether the attack or biting was the result of
some provocation or circumstance that is, or is.
not, likely to reoccur in the future.
4 Sec. 4-47. Determination and order.
(a) The hearing panel shall, within three (3) business days
of the conclusion of the hearing, issue its written findings of
fact and an order.
(b) if the panel finds that the animal complained of attacked
or bit a person or another animal while running at large, or
while restrained in a public place, then the panel shall make a
a ' further findang and issue Its order as follows:
s 1. That the animal would be a danger to the community
if not destroyed, and therefore shall be destroyed.
2. That the animal would not under specified condi-
W. tions imposed for the safekeeping of the animal,
PAGE S
m
clearly constitute such a continuing danger to the
community as to warrant its destruction. In that
case, the panel shall order the animal returned to
the owner if the owner agrees, in writing within
two business days of the issuance of the decision,
to abide by the written conditions imposed by the F-'
panel for the safek+ieping of the animal. Should
the owner fail to ag,ee to the conditions imposed, v3
then the animal shall be destroyed.
3. That the animal would not, because of the circum-
stances of the biting or attack, constitute a con-
tinuing danger to the community, and therefore
shall be returned to the owner.
o' (c) If the panel finds that the animal complained of did not C
attack or bite a person or another animal; or that the biting or
attack, if any, did not occur while the animal was running at
large, or while restrained in a public place; then the panel
shall order the animal returned to the owner.
(d) In any case where the panel orders the animal returned to
t. the owner, the animal shall not be released except upon the pay-
ment of all impoundment fees as provided for in Article III of
this chapter. If the animal is impounded pursuant to a quarantine a
for rabies, as provided by this chapter or state law, it may
i., continue to be held for the duration of the required time.
k {
Sec. 4-48. Notice of Order of Destruction.
(a) If an animal is ordered destroyed in accordance with
section 4.47, a copy of the panel's findings and order shall be
' given to the owner of the animal, if known, by personal service,
or by leaving a copy at the Last known address of the owner,
s~N within two (2) business days of the issuance of the findings and
order. The order shall state that the animal will be destroyed
no sooner than forty-eight, (48) hours from the time and date the
order is served or delivered, unlass such destruction is enjoined
by order of a court of umprtent jurisdiction. The officer or
employee shall note upon t)e copy of the order served or
delivered the time and date (Af service or delivery. A copy of
{ the order, showing the date end time of service or delivery,
shall be retained by the officer or employee. t
Sec. 4-44. Hearing on Brepch of Cond:tions.
If, after the hearing panel orders the release of an animal
r upon specified conditions for the safekeeping of the animal, as
PAGE 6
'JN"y adrYlf•'c+s:b'M'f .,,..n a ,
a
r
a
s
ction 4-47, the Animal Control Center has reason
provided for in se
to believe that a violation of one or more of the conditions
itrposed has occurred, it shall report the violation to the City
Manager, who shall schedule a hearing before the hearing pa
The hearir. shall be held and notice given, as appropriate to the
purpose ~f this section, in substantialficondmsplthaiance
a violation
provisions of Section 4.46.
of one or more of the conditions imposed has occurred, it shall
issue its he panel's order shall be given in ccordancte owith
Notice of t p
section 4-48.
Sec. 4-50. Refusal to Surrender Animal.
t` It shall be unlawful for any person to refuse to surrender to
r any officer or employee of the City any animal for which an
impoundment order has been issued, upon presentation of a true
A copy of the impoundment order.
A. SECTION IV.
That section 4-Sl (e) of chapter 4 is amended to read as
follows:
wa` (e) No animal impounded by virtue of this chapter shall be
released to the owner, or the owner's authorized agent, until all
such costs and fees have been paid and until the person applying
for the release of such animal shall have signed an affidavit to
the effect that the person is the owner of the animal, or the
owner's authorised agent, and entitled to possession thereof;
a pprnvidedo however, any animal impounded pursuant to an
impoundment order issued under section 4-46 and subsequently
ordered returned to the owner under section 4.47 (c), shall be
released to the owner without the payment of any impoundment or
handling fees.
SECTION Y.
cr ' That if any section, subsection, paragyraph, sentence, clause,
;r phrase or word in this ordinance, or appplicaticoonurth r of patent
r person or circumstance is held invalid b any t of jurisdiction, such holding 'shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
' City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
A;
.E SECTION M
` That any person violating any of the provisions of this
ordinance shall, upon conviction, be fined a sum not exceeding
PAGE 7
r
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r
Two Hundred Dollars ($200.00); and each day and every day that the provisions of this ordinance are violated shall constitute
a f
separate and distinct offense. This penalty is in addition to
s and cumulative of, any other remedies as may be available at law `
and equity.
SECTION VII.
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.
a CITY OF DENTON* TEXAS
j
Y ATTEST:
TWIFER WA
ACTING CITY SECRETARY
CITY OF DENT,)N, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA_ADANI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
~ . ~ . BY s nM~ "
Y1~ '
Pz
PAGE 8
2 r
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city council Minutes
October 7, 1986 r
The city council convenes at 1115 P.M. in the City Nall parking Sot.
x
PRESENTt Mayo[ stephenat Mayor Pro Tom Alford; Council Members
Alexander and Chew ,
city Manager, Assistant City Manager, Senior Planner,
Urban Planner
ABSENTI Council Members Hopkins, McAdams and Riddlesperger
! The Council conducted a tour of the Loop 286 and Kings Row
area and received status reports on zoning, development and atteets, c
The Council convened into the Work Session at 500 p.m. in the Civil
Defent,e Room.
PRESENT% Mayor Stephenat Mayor Pro Tom Alfotdi Council Members p„
Alexander, Chew, Hopkinst McAdams and Riddlesperger
City Manager, City Attorney and city secretary k
a,
ABSENTt None
Y
1. The Council was to have received a report from Black and
Veatch on the Lewisville Lake hydroelectric project.
This item alas removed from the agenda by staff.
f 2, The Council received a report on the proposed Certificates
of Obligation for the Denton Municipal Airport.
Bill Angelo, Assistant Director of Public Works, reported on the
w costs for the proposed airport improvements as well as a schedule of
a „ cost recovery.
y Rick Svahla, Assistant City manager, reported that the City could
pay interest only or interest and principle for the first year. By
t, paying interest only, $30,000 would be loved the first yearl
would ct ver ddithe of the ,000Cortificito of Obligation issue, it
t an $35,
Mt._ Frank Msdanieht First Southwest Company, repotted that the
certificates of Obligation and related documents had been prepared
by McCall, Parkhurst and Horton in accordance with statutory law. A
resolution must be approved by the Council which would give notice
of the intention to issue the Certificates of Obligation. Bids
would be accepted on December 2) 1986.
y Mayor Ste hand stated that the bids would have to be accepted on
December 9 as the City Council would be out of town on December 2
attending the National League Of Cities Conference.
council Member Hopkins asked about the proposed airport in Frisco.
Svohla responded that it was his understanding that the proposed
airport had not been approved by the City at Frisco.
Angelo reported that nothing official had been done regarding the
Frisco airport at this point.
Y k( City Manager Lloyd Harrell reported that the goal for the issuance
of the Certificates of Obligation for the Denton Municipal Airport
was to financially 'brisk even', an soon as possible and to begin
tuliaing ravenues from the airport.
The City council held a discussion on the use of 4390000 in
f' J city funds from the Raceaation Fund to match funds solicited by the
Denton Tennis Association for development Of An office and rest[vom
at the Tonhis/calf Center,
T'
~J;»P,R+7r x^S.. M•.4r.n;, 4.1yh ,Nb ,
F.;
City of Denton City Council Minutes
Meeting of October 7, 1991
j Page 2
Steve Brinkman, Director Of Parke and R lonr reported that
s
proposal had been received from the Denton Tennis Association
{ rogarding a fund [aiser for the purpose of building a permanent kf
facility. A mobile home was currently being used. The proposed
facility would be small but with the capability of expansion. The
cost fog the facility would be $40,000 and $S,000 for utility X
hook-up. The Association would Conduct a solicitation drive to
raise one-half of the $40,000. Their proposal was for the City w
F fund the other $20,000 plus the SS,000 for the utilities. If, for
soma reason, the Association coin not raise their $20,000, the City
would not be obligated. However, if the fund raise[ was successful, _x
the City's portion would be paid out of recreation Lando, y
Council Member Alexander asked it this expenditure was new or if it
1 was in the budget.
r Brinkman responded that it was new.
Mayor Stephens asked who would staff the facility and who would
realize the profits.
Brinkman responded that the proposed facility would be Vsr small
and aell only small items. The City would yet its money back.
The consensus of the Council was for staff to place an authorizing
ordinaries on the next agenda,
4. The council reviewed proposed electronic votiny procedures
for the City Council
f' g City Manager Lloyd harteli reported that Council Member Hopkins had
E asked staff to explore various voting proceMirea other than the
verbal roll call vote.
Steve Brinkman, Director of Parka and Recreatlont reported that a
number of cities had been contacted. The three most common methods
-k of voting wore as the City currently voted to have the city
Secretary call out the `ayes' and 'nays' and road back the vote, or
electronic voting where the vote was locked in and displayed. A
ould be built for under $1I000 by the Traffic and
board like this c j
f Utility Departments. A times for puble hearinys could to
incorporated into the design,
Y; 'r The consensus of the council was to look at a prototype prior to
:r• making a final decision,
The Council moved item III ahead in the agenda order.
13. The Council bald a discussion of pending litigation agalhat
r the City including CIadden versus the City of Denton,, Maverick
Aircraft versus the City of Denton, and Okoli verc•,a the City of
Denton.
r,q This item was taken under the Executive bession,
4, The Council convened into the >'xscutiW yes-aloe to discuss
legal matttro, real estate and personnel/bosro appointments, Nd
official action was taken.
The Council convened into the Regular Meeting at T100 p.m. in the
Council Chambers.
r a PREBENTr Mayor Staphensl Mayor Pro %4111 Alfotdr Council Members
Alexander, Chew, Hopkins, McAdams and aiddlosperger
City Managor, City Attorney and City Secretary
} ASSLNT, None
s ~
r'
e +
e_r ..,a r.oM.,a .i .'d k: • d w . a _ H. kyp•{~kj
,
A %L
{ City of Denton City Council MLnuteo
Meeting of october 7, 1966
Page 3
Mayor Stephens announced that the meeting was being video recoreea
by the City Of Denton Library and then introduced the Clty COOnc
Members and the stab . i
1, The Council held a presentation of charitable donations co
Friends of the Family, Denton SPAN and Denton YMCA by the Southland
Corporation,
I Mike Callahan, Senior Manager for the rott worth ragtOnt each
Mr. Gordon Kaste1lc', Area Manager for Denton, presented ;Z 1,
1il to SPAN, Friends of the Family and the YMCA from the Southland
h corporation employees. Ms. Barbara Knublin from friends of the
i? Pam11y, Me, Roberts Donsbach from SPAN and Mr. Bill Hines from the
YMCA accepted the checks.
The Mayor presented safety awards for the Clty of Denton
from the National Safety Council and Texas Safety Association.
from ,
Mayor Stephens presented the National Safety Association Award of r.
BOnot to the City of Denton Central Administration and The National
e Safety Council Award of Honor. 8111 Angelo, Assistant Director sat d
Public works, accepted the swards,
Car L
3 ce
The Council was to have held an appeaten by uar Mrda. v Cat
guards
'PE W111Jame to discuss Police Officers working as security
r still in city of Denton unitorm.
This item was removed from the agenda at the request of Mg. Carl
Williams. The item will be placed on the October ]l, 1986 agenda.
n
e, The Council considered approval of the Minutes of the
f ' Regular Meeting of July 1, 1996.
i
McAdams motion, Chow second to approve the minutes as presented.
"c Motion carried unanimously.
S. Public Hearings
y. A, The Council held a publl: hearlny on the petltioi. of
Bill a change in toning from the agricultural (A)
4tottict to Fo6tet requesting d approval
s detailed planned development IP')1 classification 6n
of a a plan, including the preltminery plat of the Btli
Fa6t49 Adaltion, Lots 1.40 Block A, on a 4.! 6014 tract located on
the north side of FM 1173 approximately Soo feat west of the 1.35
North service toad. Tha property is more patticulab6iraat cribed it
A tract in the 8,8,9, and C.A.R. Company Survey,
approved, the planned development Wilt permit the corattuction of a
four lot light industrial development. t-1tl16
The Mayor opened the public hut, g•
MC, Roger Barrett, Matroples tnginaeting representing Mr. sill
rooter; spoke in favor stating that the paro41 Was in a mod4rate
rY intensity nods which would allow for light lnduyttiai uses,
R" Mr, Barrett than presented slides of the surrounding land uses, To
w ti,
j. the north was W s W Auto Balvag4 and the border Cowboy Truck Stop,
the parcel v'A 1006ted 670 toot itoa interstate 35 and 1,000 flat
north of the proposed northern sx:•.enaion of Loop 7886 Thera wage 1
lots with 7 common entry spot A, Landscaping on FM 1113 was
commendable tot light induettill Ulu,
Mr. Bill roster spoke in favog stating that this building would be
E
an &$$At to the area.
~ Me. Cary Collins, with Pitney and Co1llna of Dallis representing
Mr. Foster, spoke in favor stating that he Also C4p14sented the
lAndownegs north of eatthold Road. The difficulty had bean the
railroad and school district line, Ke felt the p4tc41 was better
suit4d for commercial rather than residential land uses. M1
4~ r
I
..r«.+. r. a..sr'.ixs ,r.,ta:3~t"iM w.a•..;"l,et'Setiry. Sf.,wiwv,Iw,rY~a3•.... o.. r,..._, td.tW~.`,.
1
1
City f Denton City Council Minutes e
Meeting of October J, 1966
i :
Page / ;t
.
No one spoke in opposition.
The Mayor closed the public hearing.
Denise Spivey, Urban Planne[# reported that the request was for a
oning change from agriculture to planned development for light
z
' industrial uses. This parcel had been annexed in 1985 due to
motivation by staff regarding potential land uses. The parcel was
currently low intensity use adjacent to high intensity uses. Staf[
Celt the high intensity uses should be kept at the eastern boundary
of this tract and not extended westward. The Denton Development
Golds discouraged strip zoning and felt high intensity forma matted
be kept along Interstate 35. There had been five es.
with two returned in favor and one returned in opposition-
1. The Council eonsideteo adoption of an ordinance
approving % change in zoning and approval of a detailed pion on a
s.5 acre tract located on the north side of FM 1173 ayproxlmately
600 feet west of the 1-35 North service toad. 1-1616
s The following ordinance was presented3
No. 66-193
AN ORDINANCE AMENDING THE L017ING MAP OF THE CITY Uk DtNTON,
TEXAS# AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
' ORDINANCES Of THE CITY OF DENTON, TEXAS# BY ORDINANCE NO-
69-10 AS AMENDED# AND AS SAID MAP APPLIES TO CS ACRES OF
LAND LOCATED ON THE NORTH SIDE OF F.M. 11:'3# APPROXIMATELY
600 FEET WEST OF 1-35 NORTH SERVICE ROAD# AS IS MORE
a PARTICULARLY DESCRIBED HEREIN! 'to PRUVIDE FOR A CHANGE IN
S CONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT
CLASSIFICATION AND USE DESIGNATION# TO PLANNED 09VELUPM6NT
'PO' DISTRICT CLASSIFICATION AND USE DESIGNATIONI PROVIDING
rr~~ FOR APPROVAL Of A DETAILFD PLAN FOR SAID DISTRICTt
f PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1#000.00
1 FOR VIOLATIONS THEREOF! AND PROVIDING FOR AN OFBCTIVE DATE.
4 Hopkins motion, Alford second to adopt the ordinance. On roll call
" volt, McAdams 'eye,' Alexander "aye Hopkins 'aye#' Alford "aye,'
Riddleepetgse 'aye#" Chow '.rye,' and Mayor 6tephens Motion
carried unanimously.
e, The council held a public hearing on the petition of
" Sanders Campbell and Rayburn Tuekor# Ttustee# requesting a change in
zoning from agtte111tural tAi to single family-10 1SF=10) on 29.356
1` 1o[ee. The property is located 2,500 Coat west of FM 2161 (Teasley
S Lane) and south of Hickory Creek Road and shown in the J. Rogers
F,. survey 1065 and m. M. Rogers Survey 1101. It approved# the property
may be utilised for any purpose permitted in the SF-10 district.
The Mayor opened the public hearing,
1414 titian eurke# marks Engineering, representing Mr. Tuckeri spoke
in favor stating that his client was requesting 30 acres of single
family-10 zoning.
f No one spoke in opposition.
The Mayor closed the public hearing.
p
Cecile Corson, Urban Planner# reported then this was s portion of a
? larger tract. This was an area in which the City had seen an
increase in toning interest but no dsvelopment+ Tns proposal was
for single family-10 toning abutting Old Alton Estates and would not
day Infringe on the elisting land uses. There hal been five reply forma
a 9 mailed with coca' being returned in opposition. This was a low
intensity area and the Planning and toning Commission had
recommended approval of the petition.
R
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City of Denton City Council Minutes
Meeting of October 7, 1986
Page 5
a
Council Member Riddlesperger asked if provisions for right-of-way
` for the proposed extension of Loop 288 had been considered.
1=.
Carson responded that this was not a consideration with this tract.
1. The Council considered adoption of an ordinance '
approving a change in zoning on 29.356 acres located 2,500 feet west
of FA 2181 (Teasley Lane) and mouth of Hickory Creek Road. E-1822
3 j The following ordinance was presentedl
NO. 66-191
AN ORDINANCE AMENDING THE ZONING MAP OF TEE CITY Of UENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE Of
ORDINANCES OF SHE CITY OF DENTON, TEXAS by ORDINANCE 110.
69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 29.356 ACRES
of LAND CUT Of THE J. ROGERS SURVEYS ABSTRACT NO. 1083 OD
THE B. H. ROGERS SURVEY, ABSTRACT NO. 11010 AS IS MORE i~
PARTICULARLY DESCRISEU HEREIN To PAOVIDE FOM A CHANGE IN
CONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL r•
'A' DISTRICT CLASSIFICATION AND USE TO SLNGLE FAMILY
'SP-10' CLASSIFICATION AND USE FOR SAID PROPEATYt PROVIDING
' FOR A MAXIMUM PENALTY Or 1,000 FOR VIOLATIONS '1'HEREbft
PROVIDING FOR A SEVERASIL TY CLAOSEI AND DECLARING AN
EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On roll r
call vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye,' ~Alfo~d
„ •aye,4 Aiddlesparger 'aye,' Chew 'aye,' and Mayor Stephens eye.
Mott on carried unanimously.
i C. The Council held a public hearing on the petition of
Senders Campbell and Rayburn Tucker, Trustee, requesting a ebange in
toning from agricultural (Al to single family-10 )ef-10) on 13,410
r acres, The property is located 10500 feat vast of fit 2101 (Teasley
Lane) and south of Hickory Creek Road and shown in the J. Rogers
Survey 1015 and 9. M. Rogers Survey 1101, If approved, the property
may be utilized tot any purpose permitted in the SF-10 district.
z-1623
The Mayor opened the pub)ia betting.
Mr, alien Burks, sucks Enginesring, spoke in favor stating that is
was a 13.1 acre ttaet out of a largat parcel and war the first to be
platted, His client was requesting single family-10 toning with SO
SC1 i' feet right-of-way dedicated with a 50 feet setback dedicated to
accommodate the proposed extension of Loop 288.
No one spoke in opposition.
The Mayor closed the public heating.
Cecile Carson, Urban Planner, repotted that this request was for a
13 acts tract. In the area, a now slem.ntSey school and park veto
e. under development. Thats had been three reply forms mailed with
' zero retutned.
Vin' c 1. The Council considered adoption of an ordinance
a pprOVInq a Chanya in zoning on 13.110 acres located 1,300 test vast
~.r oL fM 2111 (Teasley Lane) and mouth of Hickory Crasl; Road. 1-1623
i~
r
,...w..
.
City of Denton City Council Minutes s'
Meeting of October 7, 1986
Page 6
The following ordinance was presented:
No. 86.195
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. y
69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 13.110 ACRES
OF LAND OUT UP THE J. ROGERS SURVEY, ABSTRACT NO. 1061 AND
THd B. M. ROGERS SURVEY, ABSTRACT NO. 1101, AS IS MORE
PARTICULARLY DESCRIBED BEREINI TO PROVIDE FOR A CHANGE IN '
ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL
'A' DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY
'Sr-10' CLASSIFICATION AND USE FOR SAID PROPERTYI PROVIDING
FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THL119011
PROVIDING FOR A SEVERASILITY CLAOSEI AND DECLARING AN '
EFFECTIVE DATE.
Chew motion, h.exander second to adopt the ordinance. On roll call $
r' Vote, MCAdams 'aye,' Alexander 'aye,' Sopkins 'aye,' Alford 'aye,' '
Riddlesporger 'aye,' Chew 'aye,' and Mayor Stephens 'ay".' Motion
r
carried unanimously.
D, The Council held a
public hearing on the petition of
r' Sandto Campba.l and Rayburn TUCKer, Trustee, requesting a change in
coning from agricultural (A) to single family-7 (SF-7) on 156.044
acres. The property is located 2,500 feet west of FM 2161 (Teasley
Lane) ■nd south of Hickory Creek Road and shown in the B, M, Rogers
Survey 1101, J. Rogers Survey 1081, and J. Rogers survey 1065, It
approved, the property may be utilized for any purpose allowed in
+ # the SF-7 district, 1-1621
The Mayor opened the public hearing,
1 dP l M
Mr, Brian Burks, Bucks E^,gineerinq, spoke in laver stetinq that he
Would be glad to respond to any questions,
Hy
No one spoke in opposition.
x
The Mayor closed the public boating,
Cecile Cateon, Urban Planner, reported that this regaest had
a` presented a dilemma for the Planning and toning Commission. The
ptopoeed single family-7 toning was acceptable[ howvet, the tion
was 2604 Staff hadsoriginally naskedrforra fplann d rd velopment, forLthe
entire parcels The legal op;nion was that this was a ettalght
ired
Conditionrequest plad that atting. Thera ohadabeenueighttreplyrsforms requas a
c~ with zero returned.
E
Council Member McAdams asked it the 'City could require the
right-ot-way dedication,
.k' Carson'tespondod no. The City could requu t the fight-of-way at the
+ time of platting as well as 25 fast setbacks, The city could
requite a 60 (eat right-of-way from the street center line and could
1 'r ° negotiate this at the time the property Wse platted.
' ! Debra Drayovitch, City Attorney, reported that there were legal
w~ limitations to what the City could require without having to pay
compensation to dvelopers,
Carson# further repotted that staff could negotiate with the
rY Structures setback. This shouldl the Insiat that no
have to f
j putchaee this eight-of-way in the tutu
a,
i 1
y .
+i
r'.
4
IA-
4
f
City of Denton City Council Minutes
E Meeting of 00tober 7, 1986
Page 7 a
1. The Council considered adoption of an ordinance
approving a change in zoning on 156.044 acres located 20500 feet
west of FM 2181 (Teasley Lane) and south of Hickory Creek Road.
2-1824 z
The following ordinance was presentedt
NO. 86-196
AN ORDINANCE AMENDINU 2H6 SUNING MAP OF THE CITY 01' DEN'TON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX 110 THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCS NO,
69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 156.044
ACRES OF LAND LOCATED 2,500 FEET WEST Of F.M. 21B1 (TEASLSY
LANE) AND SOUTH Of HICKORY CREEK ROAD, AS IS MORE
PARTICULARLY DESCRIBED HEREINr TO PROVIDE FOR A CHANGE IN
20NING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL
'A' DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY 'SF-7' s
CLASSIFICATION AND USE FOR SAID PROPERTY1 PROVIDING FOR A
{ MAXIMUM PENALTY OF $1,000 FOA VIOLATIONS THEREOFI PROVIDING
1!t FOR A SEVERASILITY CLAUSIj AND DECLARING AN EFFECTIVE DATE, g
Riddlesperger motion, Chew second to adopt the ordinance. On roll'
call vote McAdams 'ayo,' Alexander -aye,' Hopkins 'aye,' Alford
'aye, AtIdlaspot or 'aye,' Chew 'eye,' and Mayor Stephens 'aye.'
Motion carried unanimously.
E. The Council held a public hearing on the petition of
r Metroplex Engineering requesting an amendment of an existing planned
developpment and approval of a detailed plans includingg the
' preliminary plot of Country Club Place, Lot 2, Block As on an 18.S43
acts, tract located at the southeast corner of FM 1830 (Country Club
Roadl and Hobson Lane. The property is further deacribed as a tract
in the T. Martin Survey, Abstract 900. If approved, the amendment
s,• will permit the development of 220 attached residential units with a
density of 11.9 units per acre. 2-1926
The Mayor opened the public hearing.
f
M r Greg Edwards, Metroplex Engineering representing Mr. bill Garner
` and the owners of Country Club Estates, spoke in favor. No then
presented an ovachead projection of the erea w;th current toning.
Mr. Garner was concerned that the site plan woulj spoil the trees,
Garner had an architect prepare a plan which would locate and save
most of the trees at the sits. The overall density would bN reduced
x' - to 11.9 units per acre with less intensity to the west but With an
increase in Intensity ,to the north. Howevors this plan would
provide a bettor buffer and he felt it was a better plan.
Its. Bill Garners Country Club Joint Ventures, spoke in favor stating
f that the landowners had been contacted regarding the plan.
5~,< No one spoke in opposition+
The Mayor closed the public hearing.
Cecile Cirsoni Utban Planners reported that nineteen reply forms had
been mailed wsh Zero returned.
V
~7'.. Mayor Stephens asked if staff had considered making the egress point
and other access points wider,
Carson rnspondod that this issue had boon reviewed by the
Lrr j Development Review Committoe, There wore some problems with the
a farm-to-mstket roads hOWevers theta would be addressed during the
platting process,
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City of Denton City Council Minutes
Meeting of October 7, 1986
Page 8
1, The Council considered adoption of an ordinance
approving an amendment of an existing planned development and
approval of a detailed plan on an 18.513 acre tract located at the ,
southeast corner of FM 1830 (Country Club Road) and Hobson Lane.
E-1828
The following ordinance was presi:ntedi
NO. 86-197
AN ORDINANCE AMENDING QRDINANCE NO. 85-256 TO PROVIDE FOR
THE APPROVAL Of A DETAILED PLAN FOR A PORTION OF THE
PLANNED DEVELOPMENT ZONING DISTRICT THEREIN APPROVk;DI AS
SAID PLAN APPLIES TO 18.513 ACRES OF THE 27,2 ACRES OF LAND
IN THE DISTRICT, AND BEING LOCATED AT THE SOUTHEAST CORNER
Of F.M. 1830 AND HOBSON LANSI PROVIDING FOR A PENALTY IN 'X .
THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATION THEREOF( A
PROVIDING FOR AN EFFECTIVE DATE, -
fa',
111 McAdams motion, chow second to adopt the ordinaries. c%~..
Council Member Alexander commented that the concept of saving trees
was most commendable..
On roll call vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' a,
Alford 'aye,' Riddlexperger 'aye,' Chew 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously,
- F. The Council hold a public hearing on the petition of
J.V. Strange, representing Teasley Road Associates, requesting a
y; change in toning from the agricultural IA) district to the planned
development (PD) classification and appcdval of a concept plan on a
S0.5 acre tract located at the northeast corner, of Kings Row and
k+ ' \ Loop 268 (currently under construction). The property is further
'B described as a tract in the J. Coltart survey, Abstract 286, and the
w, D. Culp Survey, Abstract 287, If approved, the planned development
t will permit the following land Udell
single family Detached - 9,78 sates
y 27 units on minimum 10,000 squats foot lots
with a density of 3.1 units per acre
r,•' 8:-~gle family Detached - 31.5 acres
112 units on minimum 7000 squats foot lots
with t density of 4.1 units pot acre
Canot:l a6pail - 767 acres
` Park - 1.11 acres 1-1933
' The Mayor opened the public hearing.
`yd
Mr. J. V. Stranger representing Teasley Road ]lssociates, spoke in
q favor stating that this venture group had been formed in 1981 to
develop the area around Teasley and Pannsylvania. This toning
request was for a 50 aerie tract located at Loop 288 and Rings Row. been Rid „I JunerelvuestAha= via d dpland had tbeenlaapproved by nthe Plannin
And
toning 11commission in August, Mr. Strange then presented in overhead
projection of the concept yyIan, There would be appproximately 10
acres of single family-100 31 Acres of single family-7, 1 1/2 acres
of park and 7 1/2 acres of general retail. The single family-7
would be adjacent to the park and proosed school d to in the f
1 pirul. It was felt than there was a Ate? for general retail in the
area which could be expanded to 9 acres in the future, The corner
yk at Loop 288 and kings Row as she primary retail situ Rosidsntitl
k., land uses wart already in place in the area, A lot Of toad work hed r
been done and utilities had been extended to the parcel as well as a•
to the school site. The school wit scheduled to open in the Fall of
1987.
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City of Denton City Council Minutes
Meeting of October 7, 1986
Page 9
Mr. Frank Clemments, land planner on the project, spoke in favor and an o ate thiredPa celVeaasad partjeofi they entiret thoroughfareMplan. looked Theft
would be 2 collector streets to Nutlet Field Road and Kings Row. e
I They had looked at the plan from the concept of a neighborhood with
homes, a park, a school and general retail. They had worked with y
staff regarding traffic and right-of-way issues. Turn lanes would a
be provided. ;
Mr. Lucius Cox, Kings Row and Cooper Creek Road, spoke in ft.v'r ±
stating that he felt this was a good plan.
Mr, fred Williams, Kingston Trace :I, spoke in favor stating that
Mr. Strange had worked with the neighbors and they were in favor of
the proposed plan.
No one spoke in opposition. 4.
The Mayor closed the public hearing.
k, Denise Spivey, Urban Planner, reported that this case had been time
consu,ning and one where that* had been 'give and take' between
etslf, tha neighbors and the developer. The first petition, which
y contained multi-family housings had been denied. This WAS A low
intensity area an the concern was the site of the general retell
tract. tech concentrations should be separated by a miles accordingq
to the Lenton Development Guide. Approval of the 7 acre general
retail portion of the plan would violate the policy. Another
problem with the first petition was that single family-T backed up
' to existing single family-16 land uses at Oak Send Estates. The
revised plan had replaced the single family-7 with single family-10
which was more acceptable. Another concern was the trees.
1. The council considered adoption of an ordinance
spy!raving & change in toning and approval of 's concept plan on a
S0.5 scie tract located at the northeast corntr of Kings Mow and
Loop 255. 1-1633
The following ordinance was preaentod7
i
NO. 86-196
AN ORDINANCE AMENDING THE IoNiNO MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE COD$ OF
ORDINANCES OF THE CITY OF DENTON, TEXAS# BY ORDINANCE NO.
119-1, AS AMENDED, AND AS SAID MAP APPLIES TO 50x5 ACRES Of
IAND LOCATED AT 201 NORTHEAST CORNER Of KINGS ROW AND Loop
lr 255s AS IS MORE PARTICULARLY DESCRIBED NEREINI TO PROVIDE
t++ 04R A CHANGE 10 IONINO CLASSIFICATION FROM AGRICULTURAL 'A'
D:STRICT CLASSIFICATION AND use DESIGNATION, TO PLANNED
DIVELOPMENT •PD' DISTRICT CLASSIFICATION AND ' USE
DE9IGNAT:ONs PROVIDING FOR APPROVAL OF A CONCEPT PLAN FUR
S SALD DUTRICTI AND PROVIDING, FOR AN tFfECTIYE DATE.
McAdams motions Alexander second to adopt the ordinance, On roll
call votai McAdams 'ayes' Alexander 'ayes' Hopkins 'ayes' Alford
'aye,' Rlddlnepetgat 'ayes' Chew 'ayes' and Mayor Stephens 'aye.'
Motion carried unanimously.
n
Consent Agenda
;t Bid 1 9667 IA.abulante Remanutacturel was removed from the Comment
- i Agenda by staff.
Mayor Pro Tem'«1ford lift the malting.
w..
McAda!os motion, Hopkins second to approve the Consent Agenda with
the sKCSPtion of Bid 9 9663, Motion carried unanimously,
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city of Denton City Council Minutes k.
Meeting of October 7, 1986 g'
Page 19
Consent Agenda
{ 'IT
A. Bids and Purchase Drderaf
1. Bid t 9631 - Loop 28B utility crossing
2. Bid 1 9643 - Utilities Loop 286 30 inch water lino
3. Bid f 9647 - Water meters
4. Bid 1 9650 - CIP Utilities, Section f (water line
impprovements to Joyce Lans7 Windsor
Dtive, Bell Avenue, Mingo gold and g
Wsstvay Street)
5. Bid 1 9651 - Participation Holbert-Wyatt water
line to
6. Bid 1 9653 - Bar* copper/power cable
1•
t.
1. Hid t 9655 -Painting of Paanh Street wale[ tank
8. Bid 1 9658 - Printing o Parks and Recreation
"a
brochures
MOVED BY 9. Bid f 9663 - Ambulaace romanufacture
STAFF
10. Purchase Order 1 75177 to Southern Hydroflow in
the amount of $130569.14
! 11. Purchase Order f 75209 to J65 Equipment Co. in
the amount of $13,566.48
124 Purchase Order 1 75320 to JIB Equipment Co. in
i the amount of $14,u92.25
13. Purchase order 1 75600 to Bandar in the amount of
$22,$45.00
B. Replatel
L Approval of preliminary and final replat of the
north one-half of Lot 27 Block 33 O[iginal Town
of Denton Addition. (The Planning and toning
+a commission recommends approval.)
• C. Chang, Orders and Final Paymentat
t
r'. 16 Consider (approval of Change Order 12, Bid 1 95501
e, Water Treatment Plant upgrade {Phase 1)p Bos-sell
a Company, to reduce the contract amount by
$2,662.54 and Consider final payment to the
as rontractor, (The Public Utilities Board
gecommanda approval.)
1, C~,nsider approval of Change Order Il add final
yya-Mont to Dickerson ConatruetiOn,Co., bid 1 9667
water lines )The
Pulic State School
Po!
4 D. Taff Refundal ) +
i. Consider approval of a tar refund for Kim '
3 Enterprises in the amount of $17161.55.
i, 7. The Council considered approval of Did 1 9654 tog
x janitorial service.
7
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~~Eylkrb'FA. Gv't.d,xYSS ,.v.. 'Y'iT,7~'sy P
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City of Denton City Council Minutes
Meeting of October 7, 1986
( Page 11
Fl
John McGrane, Director of Finance, reported that this item had been
bid twice. The first time, three proposals were receivedt however,
due to the large variance in the bids, it had beer, decided to
a. rebid. The new specifications set a minimum number of hours
t, required to clean each building and removed all the paper goods. It
was felt the City could furnish the paper goods at a lower cost than
that which had been submitted on the first bid. The :econd bide
received ranged from $109,176 to $143,760 and the low bidder had
r been selected.
` Mayor Stephens asked if staff had spoken to Mr. Stammer of Apex.
" John Marshall, Purchasing Agent, responded that he had spoken to ,
` Mr. Stammer on the telephone. Mr. Stammer was not present a' the e
bid opening. p
City Manager Lloy4 Jarrell asked if Apex had bid the second time.
;:ershall responded yes.
k Mr, Andy Brammer of Apex stated that he felt the costs submitted on
the second bid supported the first bid of $98,000 which Apex had
submitted. He felt the high bid by Pedus on the first bid came down
because of the opportunity for the second bid. He felt the first
bid submitted by his firm was competitive.
{ Council Member McAdams asked Mr. Brsmmer why Apex increased their
bid amount on the second bid if he felt the first bid amount wad
competitive.
Bramnet replied that he had been responding to the stipulation in
the rebid to set a minimum number of hours to perform the janitorial
services. He felt this would be impossible to enforce. Their first
bid was lower because they were very efficient in their operation
and could accomplish the cleaning in leis time than the minimum
number of hours which was set in the rebid specifications. Apex
felt the job should be bid by contract and not by hours.
Harrell reported that the second specifications included staff's
best estimate on the number of hours it would take to do' an
' acceptable cleaning job on the City facilities. In order to
preserve the credibility of the bidding procenst bids could not be
- fairly compared if one firm submitted a bid based on hours to
complete the task while another firm submitted a bid based on only
contracting to do the job without calling out the number of hours
required.
3 Council Member itiddlesperger stated that he was sotry Mr Stammer
had not understood and had bid too high.
" Council Member McAdams asked if the low bid on the hours was lower
u than minimum wage if the total dollar figure was divided by the
total hours.
c` Harrell responded no. The job was bid At different wages pet hour
for workers and various numbers of hours per task. r
Council Member Hopkins stated the job should either be bid by number
of hours or straight contract basis.
McCrene responded that staff felt all bidders should know the
standard of cleaning which was expected and it would require a
E certain number of hours to achieve that standard no matter who was
performing the cleaning.
J? °i Council Member Alexander asked if a minimum number of hours was
+ called out for the first bid,
n,.
' McGrane replied no,
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City of Denton city council minutes
of Octob•: 1, 1986
page 1g 2
i
F; Council Member Alexander stated that the minimum number of bouts had
been added to bring all the bids into line and to be competitive.
r Mr. Elia4, representing Contract Cleaning and Mai[e n[he lowetated
that ;is firm had bid on the second bid. They we then same in
bidder until the City took out the paper goods and they
second. He felt his firm should be awarded the bid.
r'
Chew motion, Alexander second to award aid j 9651 to Pedus.
K Council Member McAdams asked if it was standard procedure to
1 arbitrarily take out the paper goods. is w Marshall responded ththethPaP eras
goAct ods ancheaperrary Thleishad been
City could supply
specifically called out.
" The motion was called. Motion to award aid t 9651 to Pe due carried
5 to 1 with Council Member Hopkins casting the 'na}' Vote.
a 8, ordinances
A. The Council considered adoption of an ordinance
"zt accepthin
hen purchase ofvmaterialsa equipment9, supplies ors ervicesntracts
1.
,•The following ordinance was presented:
NO. 66-199 t
5
~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
s +Gl CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, jUPPLIES
w: OR SERVICESf PROVIDING FOR THE EXPENDIT+IRE Of FUNDS
" r THER£FORBf AND PROVIDING FOR All EFFECTIVE DATE.
M
Chew motion, McAdams second to adopt the ordinance excluding Bid
1 9663. On roll ea11 vote, iAeva"moiyaa'e/and 1MayoreStephene :oayeins
f t ! "eye," Riddlesperger 'aye,'
Motion carried unanimously.
i B. The Council considered a&ption of an ordinance
i accepting competitive bids and providing fot the award of contracts
f, for public works or improvements.
The following ordinance was presetted:
No. 66-200
a.~..
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR
` THE AWARD Of CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS
a>.. PROVIDING 10¢ THE EXPENDITURE OF FUNDS THEREFORf AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew motlonr McAdams second to *aye,, <o ordinance.~ Riddlesperger
vote, McAdams 'eyys e,' Alexander eye, Hopkins eye, ,
f 'ayeChew 'aye,' and Mayor Stephens 'aye." Motion carried
unanlmously•
i C. The council considered adoption of An 'ordinance
providing for the expenditure of funds for emergency purchases of
materials, equipment, supplies or rervicee in accordance with the
provision of bite law exempting such purchases from requirements
Of competitive .M✓: FL". n: C ,r _ ..n. a R
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r~ - City of Denton city council Minutes
k Meeting of Oetotet 1, 1986
Paye 13
Thr followirg ordinance was presented:
N0. 86-201
AN ORDINANCE PROVIDING FOR THE EXpFNDiTURS OF FUt1LS FOR
EMERGENCY PURCHASES OF MATERIALS OF STATE EQUIPMENT, SUSTTE ES LAOR
SERVICES IN ACCORDANCE WITd THE PROVISIONS W
tVE
EXEMPTING SUCH PURCHASES FPOM REQUIRE:IEhTS OF COMPSTIT
e~ BIDS? AND PROVIDING FOR AN EFFECTIVE DATE.
get
McAdams motion, chew second to adopt the acdinence. On oll [co 11
' vote, McAdams 'ayes' Alexander 'ay,' Hopkins ';i!' Oersted a
'ayes' Chew 'aYe~' and Ma^ Setephens aye MOtion
unanimously.
D. The council considered adoption of ordinance to amend I
the schedule of fees for zoning activities. ,
a
City manager Lloyd Harrell reported that this ordinance would ,
i implement the feet which had been approved during the budget process s c
The following Ordinance was presented:
NO. 86-202
r AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
k` SCHEDULE Of FEES PROVIDED FOR BY APPENDIX A AND 8 OF
CODS OP ORDINANCES[ REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
a ord. On rcl call
j~ Cae+ motion, McAdams second to adopt tHopkinsin'aYe,' RiddleslPer9ec
vote, McAdams 'eys,' Alexander aye, ,
'aye j, Chew 'ayes' and Mayor Stephens aye. Motion carried
unanimously.
E. The C eidi1 1 9610 for theelewisvilleeLake hydroelectric was to
Conside c4 ordinance approving
turbine generator.
~T 11 This item was removed from the agenda by start..
F. Tha Council considered adoption of an ordinance
l establishing residential and commercial garbage Collection charges.
City manager Lloyd Harrell reported that this item had been
discussed at i^ngth during the budget process.
The following ordinance was presented[
r ~ N0. 86203
AN ORDINANCE' OF THE CITY Of DENTON ESTABLISHING,. RATES FOR
TKE USE OF THE CtTY'S SANITARY LANDFILL SITE AND Ayj ' ASS AUTHORi ED 9Y aihAPAKQA i260ft THEOCODE COLLECTION
ORDINANCES OF
THE CITY Of DE9TON1 AND PROM,. DING FOR AM EFFECTIVE DATE.
ance. on toll call
Chew motions McAdams second to elopi taopkin in'aYr,' Rtddlerperger
voter McAdams 'aYar' A16tinder 'aye,' 'aye.' Motion carried
'aye r' Chew 'aye,' and heyor Stephens
i unanimously.
The Council considered adoption of an ordinance
repealingArticle III of chapter 13 (Health and Sanitation) of the
code of Ordinances relating to massage establishments.
Debra Drayovitehr City Attorney, reported that this `ordinance would
I repeal an existing ordinance. Provisions of the existing ordinance
were now requiated. by State law.
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City offy Denton City Council Minutes
Peeil4 of October , 1986
a9~
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The following ordinance was presented: 1
NO. 86-204
e' AN ORDINANCE REPEALING ARTICLE III OF CHAPTER THIRTEEN
'HEALTH AND SANITATION' OF THE CODE OF ORDINANCES OF THE
CITY OP DENTON, TEXAS, RELATING TO MASSAGE ESTABLISHMENTS:
AND PROVIDING FOR AN EFFECTIVE DATE, a
Hopkins motion, McAdams second to adopt the ordinance. On roll call
f r vote, McAdams 'aye,' Alexander 'aye,' Hopkins vat ' Riddlesperger
'aye,' Chew
unanimously. •aye,• and Mayor Stephens 'aye,Motion carried
H. The Council considered adoption of an ordinance
4 repealing Article III of Chapter 14 (Offenses and Miscellaneous
Provisions) of the code of Ordinances.
< Debra Drayovitch, City Attorney, reported that this would eliminate
6 those offenses covered by State law,
The following ordinance was presented: ,a
NO. 86-205
AN ORDINANCE REPEALING ARTICLE Ill OF CHAPTER FOURTEEN
'OFFENSES AND MISCELLANEOUS PROVISIONS' Of THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO PUBLIC
MORALS AND CONDUCTI AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motion, McAdams second to adopt the ordinance. On colt
call vote, McAdams 'aye,' Alexander lays,' Holkins 'eye,'
r' RCddlespergec aye, Chew aye, and Mayor Stephens 'aye.' Motion
J carried unanimously.
4 ~ I
1. The Council considered adoption of an ordinance
9 establishing rates for the rental of aircraft hangar and tie-down
space owned by the City of Denton and authorising the City Manager
+ or his designee to enter into contracts for the rental of such
<; { property.
Bill Angelo, tasistant Director of Public Works, reported'that4the
i northland of the airport had been recaptured. This area had hangars
and tie-downs. The proposed ordinance would establish rites for'the
5 use of #%eae facilities.
The following ordinance was presented:
NO. at-206
+ r'' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING
RATES FOR T11 RENTAL OF AIRCRAFT HANGAR AND TIE-DOWN-SPACE
3t' OWNED BY Idf CITY UPON THE DENTON MUNICIPAL "AIRPORT,
AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTPACTS FUR
THE RENTAL Of SUCH PROPERTY AND 09CLARING AN EFFECTIVE DATE,
McAdams lotion, Chew second to adopt the ordinance. On roll call
,r vote, ..4c Adams 'aye,' Alexander lays,' Hopkins 'aye,' Riddlesperqer
'aye, Chew 'aye,' and mayor Stephens 'aye.' Motion carried
} unanimously.
J.The Council considered adoption of an ordinance
' pprohibiting o turns on U. S. Highway 380 (University Drivel at its
inters<ction with Hinkle Drive.
Rick Svehla, Assistant City,Manageri reported that there had beeq a
number of accidents at thtr location. The'Cio.irens Traffic Safety
Su;+noxt Commission kaa requesting, the Co,.ncil consider approval of
' the crdir.ance.
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City of Denton city council Minutes
Meeting of October 7i 1986
Page 15
The following ordinance was presented: `
NO. 86-207 €
" AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING U
TURNS ON U.S. HIGHWAY 160 (UNIVERSITY DRIVE) AT ITS
r INTERSECTION WITH HINKLE DRIVE; PROVIDING FOR A PENALTY IN `
THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOFr AND x
PROVIDING FOR AN EFFECTIVE DATE.
Chew motion, Hopkins second to adopt the ordinance. On roll Call
E Vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aya,' Aiddlesperger
I 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion carried
unanimously.
1. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on the east and West sides of
Bonnie Btae Street from its intersection with Scripture Street to w
its intersection with Bonnie Brae Street between the hours of
= 10:00 p.m. and 6:00 a.m. f
Rick Svehla, Assistant City Manager, repotted that this ordinance
was placed on the agenda at the request of the property owners
adjacent to McKenna Park and also the Parks and Recreation Board.
A4 There was a 10:00 p.m. curfew In the park and this ordinance would
ln~ prohibit parking around the park during those hours the park was
t closed, i
r The following ordinance was presented:
NO. 86-208
't AN ORDINANCE PROHIBITING THE PARKING Of VEHICLES ON THE
EAST AND WEST SIDES Of BONNIE BRAE STREET FROM ITS
INTERSECTION WITH SCRIPTURE STREET TO ITS INTERSECTION WITH
BONNIE BAAS STREET BETWEEN THB HOURS OF 10:00 P.M AND 6:00
A.M.► PROVIDING A SEVERASILITY CLAUSE] PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS[ AND DECLARING AN
4 EFFECTIVE DATE,
y* Stephens motion, McAdams Second to adopt the ordinance. On roll
call vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
' - Aiddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion
carried unanimously.
9. Resolution$
A. The Council considered approval of a resolution
authorizing publication of notice of intention to tsaae Certificates
hYl.. of Obligation of the City of Denton, Texas for airport improvements.
City Manager Lloyd Harrell reported that this item had been
discussed In the work session. The date to receive the bids would
be changed from December 2 to December 9.
r.
The following resolution was presented:
RESOLUTION
AUTHORIZING PUBLICATION O? NOTICE Of INTENTION TO ISSUE
CERTIFICATES Of OBLIGATION Of THE CITY OF DENTONo TEXAS,
POR AIRPORT IMPROVEMENTS
THE STATE OF TEXAS
10 COUNTY OF DENTON t
r.. :t. CITY OF DENTON :
WHEASAS, it is deemed necessary and advisable that -Notice
of 'Intention to Issue Certificates of Obligation be given' as
hereinafter provided. e
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City of Denton city council minutes
^ Meeting of October 7, 1986 V¢
Page 16,
THEREFORE, Be IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEN'TONi
Section 1. That attached hereto is a form of 'NOTICE OF
• i INTENTION TO ISSUE CERTIFICATES Of OBLIGATION OF THE CITY OF DEN TON,
TEXAS, FOR AIRPORT IMPROVEMENTS', the form and substance of which
" are hereby adopted and approved.
i..'
section 2. That the City Secretary shall cause said
NOTICE, in substantially the form attached hereto, to be published +
f' once A week for two consecutive weeks in a newspaper of general g,
circulation in the City, the date of the first publication to be At
least fourteen 1141 days prior to the date tentatively set for the
` passage of the Ordinance authorizing the issuance of such +
Certificates of Obligation.
cP,
yY Chew motion, Alexander second that the resolution be approved. On
roll call vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion
carried unanimously.
B. The Council considered approval of a resolution
authorising the City to reimburse Arco pi feline company for
relocating pipes within right-of-way of Loop 268 as per contract
between the City and the State.
" Rick Svehla, Assistant city Manager, reported that this resolution
ti would formalize an agreement that the City would pay Arco for
pipeline relocation. The lines were not actually in the
right-of-way but did need to be relocated.
E The following resolution was presented:
c R E S O L U T I O N
WHEREAS, on July 25, 1978, the City of Denton ('city)
entered into a contract with the State, Department of Sighways and
public Transportation ('State') to procure right-of-way for the
t .'4•' construction and extension of Highway Loop 288: and
WHEREAS, pursuant to Rslo acquisition and construction,
r ARCO Pipe Line Company I "Coo it required to relocate its
pipeline: and
NNEREAS, in accordance with said agreement, the City is
obligated to initially reimburse ARC() for the actual cost of the
pipeline relocation subject to reimbursement by the state for hinaty
percent, of the eligible coat for relocation as paid by the City to
ARCO: and
3y WHEAtAS, the actual coat of the pipeline relocation is
estimated to be in the amount of $52,960.001 NOW, THEREFORE,
98 IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
y, SECTION 1.
That the City Manager is hereby authorised, In accordance
with the terms of the aforesaid contract,' to reimburse ARCO pipe
Lind Company, upon completion of the relocation of its pipeline, the t
eligible actual cost for Ouch location, the estimated eligible cost
thereof being in the amount of X52,960.00.
SECTION It.
That this resolution shall become effective immediately ,
upon its passage and approval.
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City of Denton City Council Minutes
Meeting of October 7, 1986
Page 17
! PASSED AND APPROVED this the 7th day of October, 1986.
RAY S , RIYOR
CITY OF DENTON, TEXAS
rr"t' ATTESTS [
,..I CHX1LOTTE , CITY SECRETARY
ti
" CITY OF DENTON, TEXAS
i APPROVED AS TO LEGAL FORM }
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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} McAdams motion, Chew second that the resolution be approved. On
' roll call vote, McAdams 'aye,' Alexander 'aye,' Hopkins •ayet'
Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion
' carried unanimously.
C. The council eoneLdered approval of a resolution naming
members to the Denton Committee for the Bicentennial of United
States Constitutiun.
Mayor Stephens stated that the Clty Council had previously
authorized the formation of this committee. Dr. John Kincaid had
~I agreed to chair the committee and had put together the list of
e members. This resolution was a requirement for recognition as a
5 Bicentennial of the United States Constitution community.
The following resolution was presented:
s
R E S O L U T[ O N
t
WHEREAS, September 17, 1987 is the 200th Anniversary of the
signing of the United States Constitutions and
WHEREAS, the Constitution, as ratified, embodies the ideals
of liberty under law and was designed to maintain out; free {
government in perpetuity as a more perfect union and to secure the 1
blessings of liberty by consent of the governedt and
~¢,k{
~ WHEiteAS, few governments in the world have been able to
provide liberty and stability to their citizens under a written
constitution for more than a generations and
4 WHEREAS, the laws adopted under,this charter of freedom and
k, the attractive way of life resulting have drawn to out shores
citizens from every corner of the world,' and provide impressive
evidence of the enlightened vision and the wisdom of the drafters of
the Constitutiont and
WHEREAS, the Bicentennial offers the opportunity for the
American people to rededicate themselves to the great principles
that have formed the basis for our national strength and prosperityt
1 and
WHEREASr it is timely and appropriate for sin to keep in our
hearts and minds the marvtlous achievements of the Constitutional
Convention in 1787 and to p;eeezve the Constitutional Republic and
x the high ideals of our founding tethers by appointing a Bicentennial
committee to institute a commemorative program to educats` the
restdents of the City of Denton about the meaning and significance
of the Constitutions
1.
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City of Denton city council Minutes
j Meetlnqq of October 7, 1986 e
Page 1B F.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY Of DENTONI
SECTION I.
P:
k That the following individuals are hereby a
constitute the Bicentennial Comnittee of the City ofDe Denton: to
r
`1 Ronald. Arrington Maria McNeil
s+ Harry G. CoHell Kay No[man
Richard E. Nygren
Byron Hart Hazel A. Peterson
James P. Heath
Sam Houston Irene Price
Gustav L,ipley ploy ann
Timothy Hoye Joanne S pl
h H
John att Kincaid Ruth Tansey
B
3. Billitt Loi wry Lucde Platt
a'. Alen Lobeugh y Campbell
Ray Stephens
Mary Alice Moreno
SECTION It.
That said committee is hereby authorized to institute' a
Wk commemorative program to education the residents of the City of
r Denton about the meaning and significance of the Constitution.
~ SECTION 111.
That this resolution shall become effective immediately
.J:
' upon its passage and approval.
` PASSED AND APPROVED this the 7th day of October, 1906.
y
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CITYSOFPDENTONOTEXAS
ATTESTr
i .
CHAR TTE ALLEN, CITY SECRET
AAY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMt
DEBRA ADAMI DRAYOVITCHO CITY ATTORNEY
CITY Of DENTON, TEXAS
BY:
Hopkins motion, Alexandet second that the resolution be approved.
On roll call vote McAdams days,' Alexander 'aye,' Hopkins 'aye,'
Riddlesperger 'aye,' Chew 'aye,* and Mayor 'Stephens 'aye,' Motion
carried unanimously.
t' 104 The following miscellaneous matters were reported b
City Manager. by the
City Manager Lloyd Barrel. reported that a request had beer, received
luncheonemeeting withs[~edCity council.l`sOC oberB20,dNovember i anE
November 5 were the t:,ree poss! ble dates selected with November 3
befnq the first choic).
e
Haffell also r,ported that a flight departing Bobby Airport in
houston,at P.15 a.m. had been booked tof those Council Members who
s vishtd to attend the hearings in Austin by the Select' Committee on
higher Education regarding the proposed merger of NTSO and M.
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City of Denton ':qty council minutes
Meeting of OctO::er 7, 1966 ;
Page 19
The CIP Committee was moving along with their work. The
subcommittee chairpersons would meet on October B to negotiate tasks
and dolls u. The entire committee would meet on October 13.
Harrell concluded by reporting that the Chamber of Commerce was
organising a Denton County Day in Austin on April 7, 1961. This
would be a legislative effort. The Council would canvass the vote
of the city officer Election on April S. It was agreed that the 'p
Mayo[ would attend the reception which was planned and other council
xembera would attend the picnic.
11. New Business
Council
The following items of New Business were suggested by
members for future agendasi h
Council Member McAdams requested a work session to diseusn the
status of the City of Denton's continued membership in the North
Texas commission.
ointmente~ items of
12. These was no official action on Executive
' legal matters, real estate or personnel/board app
This item was moved back in the agenda order.
" II The Council held a diswssion of staff reorganisation in
I various City departments.
This item was taken under the Executive Session.
14, The Council convened into the Executive Session to discuss
legal matters, real estate and personnel/board appointments. No
Official action was taken.
With no further items of business, the meeting was adjourned.
RAY S EPHENS, M YOB--
r CITY OF DENTON, TEXAS
{
& 5 CHAR TT Cl Y S RE -
CITY OF DENTON, T£rAS
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S, CITY COUNCIL MINUTES
January 6, 1987
A
The Council Convened into the work Session at 5:10 p.m. in the
1 4 Civil Defense Room.
PRESENT: Mayor Stephenas Mayor Pro Tom Alford; Council
Members Alexander, Chew, Hopkins, McAdams, and
Riddlesperger
9 ABSENTS None
Y~. a
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1. The Council held a discussion of a resolution
Ir regarding intensity allocations lficst-come, first-served). j
Jeff Meyer, Director of Planning, stated that Cecile Carson,
" Urban Planner, would relate some of the changes in the
resolution and Bill Claiborn, :haitman of the Planning and
Boning Commission, would also discuss some of the points of the
resolution.
Ad ~
Cecile Carson, Urban Planner, stated that this was an attempt
to eliminate the problem of first-come, first-served in the
City of Denton. There was a criteria in the final report. If
that criteria was not met, the developer would not be allowed
to over allocate intensity. If the criteria were met, then an
over allocation would be allowed.
bill Claiborn, Chairman of the Planning and toning Commission,
stated that Judd Holt was a major contributor in the language
of the resolution. He stated that he felt t)is proposal would
serve well in future developments.
Jeff Meyer, Director of Planning, stated that this was the i
second work session on this resolution and that it would be
ready for a subsequent agenda and for Council approval.
Council Member McAdams requested a sample of how this ~
particular resolution would work.
ti
Council Member Hopkins asked if some of the major changes from
s.L ly an existing policy could be noted.
°v: aa`f Ceolle Carron stated that most of theme were new and that they
would be reviewed on a came to case basis.
Claiborn stated that this gave the staff a definite policy for
the developer. F
Council Member Riddles perger stated that he was glad to see the
policy of first-come, first-served go by the way-side.
2. The Council teceiVad a report on the Employee
Involvement Program.
,a
I Paulette ovens-Holmes gave a presentation regarding the TEAM
Program that was going to be initiated in the City of Denton.
b`'e it provided effectiveness or position;, quality of service, and
quality of work life-force. This particular program would take
J- a select group of individuals doing the same job or in a
w w~ in simiar Lroblem osition h methods. meet
The benelfits of the program would
~
program woul would ebe that it would improve employee morale: increase comaunica
3 tionj increase recognition of employees, further employee
development, and increase job satisfaction. _Holmes indicated
r ~ a
7. that,'tha finance Department and the Parke Department hag
already requested a pilot program.
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City Council Minutes
' January 6, 1987
Page 2 }
Council Member Alexander stated that he thought that some of
the problems may be across divisions and that some of the team
members may be needed to cross into different divisions.
x, ^ Holmes stated, yes, but that that would be done at a later data.
` 3. Item 3 was removed from the agenda by staff. S
1. The Council received a report on the automated voting
system by the City Council.
Lloyd Harrell, City Manager, stated that a mock-up of an
automated voting system had been placed up in the council
Chambers and suggested that the Council convene upstairs to
View it.
' At that time the Council moved upstairs to view the automated
k voting system.
Mayor Stephens asked what WAS the purpose of the automated
voting system.
Council Member Hopkins replied that it would save time, would
tr 7 not require a roll call vote and it would be very clear as to
how each council person had voted.
Consensus of the Council was to proceed with the board as
presented.
" S. The Council held a discussion on a resolution
appointing a citizens committee to provide input and assistance
to consultants regarding the establishment of capital recovery
fees.
'A'r. F The item was discussed in Executive Session.
k+
6. The Council convened into Executive Session to discuss
legal matters, real estate, personnel and board appointments.
No official action was taken.
` The Council then convened into the regular meeting at 7iD0 p.m.
in the Council Chambers,
PRESENT= Mayor Stephens; Mayor Pro Tom Alfordi Council
Members Alexander, Chew, Hopkins, McAdams, and
Riddlesperger
d ASSENTS None
7100 p.m.
1. Public Hearing.
A. The Council held a public hearing on the petition
of McDonnell Construction and Development requesting an
amendment to part of a 39.5 acre planned development, and
approval of a detail plan, including a preliminary replat of
' the McDonnell Highlands Addition) Phase 1, Block CO D, and E,
for a 945 acre, tract. This property was located south of
v McKinney Street, approximately 2,080 feet east of Mayhiil Road,
and shown in the Mor;eau Porrest Survey 117, if the amendment
k t;r d WAS approved) the land use would be changed from two-family to
single family with minimum 7,000 square foot lots. zf 1816)
ro•`.,ks " : The Mayor opened the public hearing.
Brian aurkv, Metroplex Engiheering, spoke in favor of the
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City Council Minutes
January 6, 1987
Page 3
41• A {
11 petition, No stat,.rd that the change would oe from duplex to
SF-7. He said that they preferred SP-7 due to the current
market situation The developer felt that this would be a more
favorable situation than the duplex would allow.
s No one spoke in ^osition.
5
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The Mayor closed the public hearing.
5 r
k Cecile Carson, Urban Planner, stated that this was a
down-zoning request. The staff was in favor of the request due
to the increased lot size. Three reply forms were mailed and
lti!= none were returned.
r+' 1. The Council considered adoption of an ordinance
i, approving an amendment to part of a 19.5 acre planned
development and approval of a detailed plan for a 9.5 acre
The following ordinance was considered:
NO. 87-001
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
* PLANNED DEVELOPMENT ZONING DISTRICT CREATED BY ORDINANCE
F a, NO. 86-16, TO PROVIDE FOR A CHANGE IN USE FROM TWO-FAMILY
r r { (2-P) TO SINGLE FAMILY (SF-7) DWELLING USE FOR 5.5 ACRES
1 OF LAND LOCATED ON THE SOUTH SIDE OF F.M. 626 (EAST
MCKINNEY STREET), APPROXIMATELY 2,000 FEET EAST OF MAYHILL
a, , I ROAD, AS IS MORE PARTICULARLY DESCRIBED HEAEINI APPROVING
A DETAILED PLAN FOR THAT PORTION OF THE DISTRICT, IN
"o ACCORDANCE WITH CHANGE IN USE HEREIN MADE) PROVIDING FOR A
PENALTY IN A MAXIMUM AMOUNT OF (1,000.00 FOR VIOLATIONS
g, ;s THEAEOFr AND PROVIDING FOR AN EFFECTIVE DATE.
y ~ x .A
chat motion, McAdams second to adopt the ordinance. On roll
,t. call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
1 iy Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor
Stephens aye." Motion catrieo unanimously.
a: 2. Consent Agenda
Mayor Stephens stated that Item 2.A.2. had oeen removed from
:k the agenda by staff.
xr ]McAdams motion, Chew second to approve the Cohoont Agenda with
the exception of Item 2.A.2, Motion carried unanimously. ti
si Consent Agenda
~l. A. Bids:
A~l
Bid 1 9581 - City's participation with
Wier and Associates for the
Southern Hills Addition
XR
REMOVED 2. Bid 1 9692 - Rental street construction
BY COUNCIL equipment and operators
>x' ~I 3. Bid 1 9693 - Roll off refuse truck
y~Y~sl 6. Bid 1 9696 - 250 MCM unshielded cable anb
acce-sories
z J 8. Plats and Replata:
k i r, i {
1. Consider approval of preliminary plat of the
Martin Luther king, Jr. Addition, Lot it
fir Block A. The Planning and zoning
~a Chmmission recommends approval.)
~fi ~i~4°lo r.,F.. ~,ars. . ..:ar .6 x.: ,..i. ..u ....5avw,~~~.
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City Council Minutes
+ January 6, 1987 G
Page 4
2. Consider approval of preliminary and final
o replat of the Lone Star Townhome Addition,
I~Lot IR, Block 1. (The Planning and Zoning
Commission recommends approval.)
3. Consider approval of preliminary replat of
the Ponder Addition, Lot 10. (The Planning,
and Zoning Commission recommends approval.)
4. Consider approval of final replat of the
i ^ McDonnell Highlands Addition, Phase it
r Blocks C, D, and E. (The Planning and
Zoning Commission recommends approval.) s
N ) 1'
rsi C. Contracts:
S • ,4
S 1. Consider approval of an addendum to the
contract with American Management Systems to
acquire extended purchasing, inventory, cost
allocation and job costing software packages
,r as subsystems to the financial system known
as LGFS.
3. Ordinances
A. Consider adoption of an ordinance accepting the
competitive bids and providing for the award of contracts for
the purchase of materials, equipment, supplies or services.
( The following ordinance was considered:
Jl NO. 87-002
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
1 j CONTRACT FOR THE PURCHASE OF MATERIALS, EOUIPMEN'T,
SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE) AND PROVIDINd FOR AN EFFECTIVE DATE. y~~•',
ty" Mayor Stephens asked how wide Mayhill Road would be after the
proposed work was finished.
+ Rick Svehia, Assistant City Manager, stated that it would be 50
feet wide from pavement to pavement with all the acquired
right-of-way.
" £ tt Alexander motion, Hopkins second to adopt the ordinance. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Alford "eyeRiddlesperger "eye," Chew "aye," and Mayor
r+ ! Stephens "aye." !lotion carried unanimously.
B. Item 3.9. was removed by staff.
C. Consider adoption of an ordinance approving an
N, addendum to the contract of American Management Systoms to
a i acquire extended purchasing, inventory, cost allocation, and
$ '
Job cocting software
~ to packages as suoeysteml to the financial
3 system known as LGFS.
i Lloyd Harrell, City Manager, stated that this software package
would be taken from the utility fund. It would help with the
melds of the utility system. This software package was
y~ included in the adopted budget for 1986-87, The cost would be
$90,000, $65,000 would be coming from the utility fund.
The following ordinance was considered)
F u .4 . I r
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-'i City council Minutes
January fi, 1987 n
Page 5
No. 67-001 %
AN ORDINANCE APPROVING AMENDMENT NO. ONE TO THE
PROPRIETARY SOFTWARE TERM LICENSE AND MAINTENANCE ,
AGREEMENT BETWEEN THE CITY OF DENTON AND AMERICAN
MANAGEMENT SYSTEMS, INC.} APPROVING THE EXPENDITURE OF
a FUNDS THEREFOREf AND PROVIDING FOR AN EFFECTIVE D!.TE.
,k
McAdams motion, Alford second to adopt the ordinance. On roll
ce11 vote, McAdams "aye," Alexander "aye," Hopkins "aye," ;
Alford "aye," Ridalesperger "aye," Chew "aye," and Mayor
Stephens "aye." Motior carried unanimously.
D. The Council considered adoption of an ordinance
abandoning and vacating pertain utility easements located
within the Golden Triangle/Michael's Addition.
% Bob Nelson, Director of Utilities, stated that this was
31 utility/drainage easement abandonment nebr the present Target r-
k4 „f Store. A Michael's was being built there and the developer had
chanted the drainage system. The City was nlving service into
another easement. He stated that the Publil Utilities Board
uih and the Planning and Zoning Commission recommended approval.
4
The rollowing ordiaance was considered,
NO. d7-004
k
AN ORDINANCE ABANDONING AND VACATING A CERTAIN
DRAINAGE AND UTILITY EASEMENT AS DESCRIBED HEREIN:
AND DECLARING AN EFfECTIVE DATE.
j Hopkins motion, McAdams second to adopt the ordinance. On roll
call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
i, Alford "aye," Riddiesperqer "aye," Chew "aye," and Mayor
Stephens aye." Motion carried unanimoesly.
7. E. The Council considered adoption of an ordinance
' approving a centract for the City's participation in the cost
of installing an ovoreised sewer mein at the Capricorn Mobile "
Rome Park,
,
r57, a , Bob Helson, Director of Utilities, stated that this was An
r + oversized sewer main on the east side of 180. The present
mobile home park was having health problems with its septic
~s r r a' tank system, The Public Utilities Board was recommending
Approval for the project.
Y+t 5 Mayon Stephens asked if there were enough funds for this
oversized work.
ya
~ Nelson replied, yes there were enough funds.
Council Member Hopkins asked if the City, in the past, had not
been willing to get involved in the Capricorn Mobile Home Park
" t because mare were severe prcbleme there.
`aka y.: Nelson repliedi yY too but that the owners now had the money
necessary to participate in the overeized agreement.
cuncil Member Ropklns asked if the mobile home park was within
city limits.
Nelecn replied, no.
#}~y f d:~ i
p The following ordinance was considered,
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City Council Minutes
January nr
page 6
NQ, 97-005
AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S
NG ZED
PARTICIPATION TIU THOTHE COS OF
AIIINOT THE IMAYORLI TO AEXECUTESI THE c,
S£W£R MAINE FUNDS
CONTRACT) APPROVING THE EXPENDITURE OF
i THEREFORE* AND PROVIDING FOR AN EFFECTIVE DATE.
Riddlesperger motion, Alford second to adopt tile Hpkinsc"sye "
roll call vote: iMc , ddleepergec~"■ayexandchewayMeye," and Mayor
Alford "aye," R
Stephens "aY+•" Motion ca[cied unanimously. Pf
uncil considered adoption of an ordinance
p, The Co reviews ud e f
approving contracts Of Arthur adYoung juetments to the Management/
recommendattona la~cerning
Supervision pay p
Lloyd Harrell, City Manager, Stated that this study had been
KlinekenDicectntooltPersonnelt decision. He introduced Tom had
f Personnel, stated that Arthur you state
Tom Klinck, Director o d
had a positive previous track rec.rd with the City, Would be
that this would be s S4- ia'ybsswittiin the uCity uorganization.
studying approximately
Part of their study wculd be to updats job descriptions.
The following ordinance was considered:
NO. E7-006
w AN ORDINANCE APPROVING AN AGREEMENT BETWEEN T HE CITY
R ''J OP DENTON AND ARTHUR YOUNO FOR THE MI 'S MANAGEMENT/
SUPERVISION PAY PLANT APPROVING TAE EXPENDITURE OP
h PONDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE.
".•1 McAdams motion, Alford second to adopt the ordinance. s Oi
F~ t call vote, M a dams "aye," Alexander "aye$
A l fo rd and mayor
otto sperger eye, Chew aye,
MRiddle
" aye to
Stephens "aye." Motto carried unanimously.
1 its
G. The Council considered adoption of se c atones
prohibiting U-turns on Audra Lane with its intersection with
9 McKinney Street.
Lloyd ,a[relle city Manager, stated that Items Or He and 1 had u
viou come belere the Council at A
The PrthreesweretioY aeand rated sat tithe
,a } L approved at that meeting• an uses, claustes he associated
November 1986 meeting and had p
4s`4 ,1 dinance
with them. Because of the penalty al
captions had to be published in the Denton Record-Chronicle
within
publish lthed oidinance Caption s within Atheralloctedctime did period
and so it was necessary to bring these three ordinances tack to kj
the Council to have them acted on &gain.
The following ordinance was considered:
N0. 87'007
a,
LA,
ORDINANCE of THE CLAY OF DENTON, TEXAS, PROHIBITING
AN
N!'," 'tr U TURNS ON AUDAA LANG AT ITS INTERSECTION LON WITS
MCKiNNEY STREETI PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $200.00 FOR 410LATIONS THEREOFI AND
PROVIDING FOA AN EFFECTIVE DATE,
M the
Otdi } McAdams motion, Alexander * se*o Ale anderP"+ye " Hopkins "aye,"
roll call votes McAdams +Ye, chew "aye," and Mayor
j Alford "aye," Riddlesperger "aye,"
K>> Stephens "eye." Motion carried unanimously.
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City Council h:nutes
January 6, 1987
Page 7
H. The Council considered adoption of an ordinance
amending the zoning map of the City of Denton, Texan, as same
j was adopted as an appendix to the Code of Ordinances of the
City of Denton, Texas, by Ordinance 1 69-1, as amended, as said C,
map applies to 690.8 acres of land, as is more particularly
described hereins to provide for a change in zoning
classification from agricultural district classification
and use designation to planned development "PD" district
classification and use designation.
The following ordinance was consideredt
NO. 87-U08
i` AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
j 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 "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.
Riddleeperger motion, McAdams second to adopt t!.e ordinance.
On roil call vote, McAdams "aye," Alexander "aye," Hopkins +
"aye," Alford "aye," Riddleeperger "aye," Chew "aye," and Mayor
'r Stephens "nay." Motion carried on a 6-1 vote.
` E 1. The Council considered adoption of an ordinance
emending the zoning map of the City of Denton, Texas, as same
I was adopted as an appendix to the Code of Ordinances of the
City of Denton, Texas, by Ordinance 1 69-1 and as said map
? a a applies to approximately 27.642 acres of land located north of
Edwards Ro+.d approximately 2,800 feet east of Mayhill Road, as
is more particularly described hetein; 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 property.
r7 ,
The following ordinance was conside-edt g "
NO. 87-009 ry
e
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 21.642 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 PROM AGRICULTURAL
ra ' ' a`. "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY
rvi "SF-7" CLASSIFICATION AND USE FOR SAID PROPERTY]
µ PROVIDING FOR A MAXIMUM PENALTY Of $10000 FOR
VIOLATIONS THEREOF# PROVIDING FOR A SI MASILITY
CLAUSE; AND DECLARING AN EFFECTIVE DATE,
k 9 Riddlesperger motion; Hopkins second to adopt the ordinance,
On roil call vote McAdams "aye," Alexander "aye," Hopkins
"aye," Alford "aye, Riddleeperger "aye," Chew "aye," and Mayor
t Stephens "aye." Motion carried unanimously.
r 4;t
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City council Minutes
January 61 1987
Page 8
The Council considered adoption of an ordinance
authorising the execution of supplemental agreement number one
and rseach contracen the City
ty ofr Dallas, Band rNOrth TexaatStatewUniversity. of
Denton, o the Cimonito
t
a i
Bob Nelson, Directc: of Utilities, stated that this agreement
3 would be for the t.,Onitoring of Lake Ray Roberts, This was an
amendment with some minor changes which required official
action.
The following ordinance was considered:
NO. 87-010 i
AN ORDINANCE AUTHOAI7ING THE EXECUTION OF SUPPLEMENTAL
AGREEMENT N0. 1 TO THE MONITOR AND RESEARCH CONTRACT
BETWEEN THE CITY OF DENTON, CITY OF DALLAS AND NORTH
TEXAS UNIVERSiTYr AND DECLARING AN EFFECTIVE DATE.
Hopkins motion, McAdam!a secondAto Ad er t he 0 di Hopkins O"aye"
• call vote, McAdams ye,"
w Stephens ""aye." RMotion pcarried"unanimously "ayes" and Mayor
rv Resolutions.
'+r A. The Council considered approval of a resolution
approving an inter local agreement between the City of Denton
and Denton County regarding Library services.
stated that this was a
Joella Dir cont[actOwith the CountyfforiLibtary services. It was for the
x r
first quarter consisting of October, November, and December.
` Council Member McAdams asked if the services had been suspended
Il by the County.
eheyEi[atrquarte[tpayment. Hetwasdunclearhaftertthat for the ity
council quartet. due tosthesimpending rollback ft County taxeCs.
The Eol:.owing resolution was considered:
RESOLUTION NO. R17-001
a
A RESOLUTION AUTHORIftNG THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE COUNTY OF DENTON AND THE CITY OF
DENTON FOR LIBRARY SERVICEI AND PROVIDING FOR AN
d EFFECTIVE DATE.
Y n Rlddlesperger cat i on , McAdams Second to approve the
resoluuttionon. On roll call vote, McAdams "aye," Alexander "aye," f.
resolution.
Hopkins "aye," Alford "aye"' Aid acused a animously hew "aye,"
and Mayo[ Stephens "aye," Motion 1 B. The Council considered approval of s resolution
approving a water pipeline boring license for Golden Triangle
Mini-Mall water line from the Missouri-Kansas-Texas Railroad
Company.
Bob Ne15on1 Director of Utilities# stated that this line was
out near Loop 789 and that the developer was willing to pay for
2 the fee.
n
I V,
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Q.
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1
1 999
41 A
City Council Minutes
January 6, 1987
Page 9 K
a
The following resolution was consideredi
RESOLUTION NO. A87-002
A RESOLUTION AUTHORISING THE MAYOR TO EXECUTE A PIPE r
LINE LICENSE AGREEMENT DATED DECEMBER It 1986 BETWEEN
THE CITY OF DENTON AND MISSOURI-EANSAS-TEXAS RAILROAD
COMPANY AND DECLARING AN EFFECTIVE DATE.
McAdams motion, Alexander second to approve the resolution. On
a roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
' Alford "eye," Aiddlesperger "aye," Chew "aye," and Mayor r
„ Stephens "aye." Motion carried unanimously.
si a C The Council considered approval of a resolution
appointing a CIP 191 Committee to monitor, evaluate and report
to the citizenry of the progress of construction and
J11 improvements approved by the 1986 bond election and the 1985
K I street bond election.
The following resolution was considered:
R RESOLUTION NO. X87-003
A RESOLUTION CREATING AND APPOINTING THE CIP 191
COMMITTEE: AND PROVIDING AN EFFECTIVE DATE.
Chew motion, Alexander second to approve the resolution. On
roll cell vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor
Stephens "aye." Motion carried unanimously.
D. Council considered approval of a resolution
establishing and giving a charge to the Citizens' Task Force on
• beautification efforts in the City of Denton.
The following resolution was considered:
RESOLUTION NO. R87-001
F A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON
CREATING A BLUE RIBBON CITIEEN'S TASX FORCE FOR ]
BEAUTIFICATION Of MAJOR CITY ENTRANCES AND OTHER CITY
BEAUTIFICATION EFFORTSI AND PROVIDING AN EPPECTIVE
i
DATE.
Alexander motion, McAdams second to approve the resolution. On
' roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
+ y"~ Alford "aye," Aiddlesperger "aye," Chew "aye," and mayor
i Stephens "aye." Motion carried unanimously.
51 Miscellaneous matters from the city Manager,
A. Lloyd Harrah stated that effective this week, ;
• Charlotte Allen, City Secretary, was resigning from her
position, He stated that Jennifer Walters would be Acting City
Secretary, effective January 9, 1987, He asked the council to
' endorse Mrs, Walters as Acting City Secretary,
Alexander motion, McAdams second to approve halters as Acting
r..1 City Secretary. On roll call votes McAdams 'aye,' Alexander
"ayes" Hopkins "aye," Alford "aye," Riddlesperger "eye," Chew
k "aye," and Mayor Stephens "aye." Motion carried unanimously.
I
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,
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City council minutes
January 69 19al
T
page 10
New business
The following items of New Business were suggested by Council
Members for future agehdasi
A. Council Member Aiddleaperger asked for an update
' on an ordinance regarding parking of vehiClee on front lawns.
6
j B. Mayor Stephens asked snout an update on the tree
' ordinance.
C. Mayo[ Stephens asked if a liaison was needed in
the corridor of Mayhill Road and Loop 268.
D. ?Mayor Stephens asked about the mooile home
` ordinance, if it would be adjusted to the rules of the State,
if the city agreed to those toles.
j
{ 7, Tbere was no official action taken on Executive
r # Session items of legal matters, real estater personnel or board
i appointments.
r a. The Council reconvened into the Executive Session to
discuss legal matters, reel estate, personnel and board
eppointmente. No official action was taken,
r , with no further business, the meeting was adjourned.
S .;i•
RAY STEPHENS, MAYOR + i•
a CITY OF 09N'TON, TEXAS
ii
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JENNIFER 111ME'RB, ACTING CITY SECRETARY
CITY OF DENTON) TEXAS
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DATES 02/17/87
3
CITY COUNCIL REPORT FORMAT
TO: Mayor and members of the City Council
FROM. Lloyd Harrell, City Manager
SUBJECTS PUBLIC HEARING FOR INCLUSION OF 903 W. OA1( STREET IN THE OAlc-HlC1cORY
HISTORIC DISTRICT
r
r" RECOMMENLATION: Y
i
At its meeting of January 28, 1987, the Planning and Zoning
Commission unanimously recommended that this property be included in
f the Oak-Hickory Historic District.
I ~
SUMMARY:
This is a request to include the property located at 903 W. Oak
Street in the Oak-Hickory Historic District.
r BACRGROUND•
' The inclusion of this property in the Oak-Hickory Historic District
will ensure a coltiguous, cohesive district that complies with
+ standards of the National Register of Historic Places.
M
PROGRAMSM DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
.
FISCAL IMPACT:
There is no impact on the General Fund.
Aeapect y submitted
. r,.
L oyd rre)
Prepared by: City nager 1
aDenise, Sp ve
Urban Planner
. APP, e ,
k it f f Me
f + Director'oi Planning
and Development
Y(
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,
,
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5
PLANNING AND ZONING COMMISSION a`
RECOMMENDATION TO CITY COUNCIL
1
I To; Denton City Council
K
Case No.: 903 W. Oak Meeting Date: February 17, 1987
F:
GENERAL INFORMATION
Applicant: City of Denton Historic Lam;-sark
Commission
215 E. McKinney Street
Denton, Texas 76201
Status of Applicant: City Commission
Requested Action: Request for the inclusion of this
property in the Oak-Hickory Historic
District. If approved, the historic
district designation will be an
overlay zoning for this single family
zoned property.
Location and Size: An 18,375 square foot tract located
p. r. on the south side of Rest Oak street
approximately 300 feet west of Mounts
Fa Street.
Surrounding Land Use
and Zoning: North - Single family residences; SF-7
South - Single family residences MP-1
East -Single family residences; SF-7
i' West - Single family residences;
R SF-71 MF-1
Denton Development Guide: Low Intensity Area
a' i 1
L °;f SPECIAL INFORMATION
F
t t- Article 28 A-2 of the City of Denton Zoning Ordinance declares
as policy the following purposes of the historical preservation
ordinance:
t1 1. To protect, enhance, and perpetuate historic landmarks
which represent or reflect distinctive and important
elements of the City's and State's architectural,
archaeological, cultural; social, economic, ethnic, and
political history and to develop appropriate settings for
' such places4
4+y
(Case - 903 W. Oak)
Page Two
SPECIAL INFORMATION (continued) l
2. To safeguard the City's historic and cultural heritage
I as embodied and reflected in such historic landmarks by
t appropriate regulations.
3. To stabilize and improve property values in such
locations.
4. To foster civic pride in the beauty and accomplishments
of the past.
3 S. To protect and enhance the City's attractions to tourists
and visitors and provide incidental support and stimulus
to business and industry.
6. To strengthen the economy of the City.
7. To promote the use of historic landmarks for the culture,
p•osperity, education, and general welfare of the people
of the City and visitors to the City, i,
Section 28 A-14 (a) of the above referenced ordinance defines a
historic district as "a geographically definable area possessing
significant concentration, linkage, or continuity of buildings,
a structures, sites, areas, or land which are united by archi-
tectural0 historical, archaeological, or cultural importance or
significance." Section C of the same article specifies how the
boundaries of a district are to be drawn: "The boundaries of
historic districts shall be drawn so as to include all buildings,
structures, sites, areas or lands which meet one or more of the
criteria set out in Section 28 A-3 or which directly affect or
relate to such buildings, structures, sites and areas of land
meeting one or more of the Section 28 A-3 criteria, provided
N that at least fifty-one (51) percent of the total structures
within the boundaries are of architectural, historic, archaeo-
logical or cultural importance or value."
ANALYSIS
On November 4, 1986 the City Council approved the Oak-Historic
x District for the following reasons:
The West Oak-Hickory Street area is one of the most histor-
ically significant areas o` the City of Denton. There are
currently fourteen (14) designated historic landmarks within
the boundaries of the district and many other structures are
- eligible for designation. This area is also the site of many
substantial homes built by the business and civic leaders of
early Denton.
At that time, the properties located at 903 and 918 W. Oak
Street were excluded from the district. During the public 1
hearing, the City Council expressed a desire to have these
properties included in the district in order to have complete
' and cohesive district.
(Case - 903 K. Oak)
Page Three
RECOMMENDATION A
j On December 8, 19860 Historic Landmark Commission held a public
hearing and found that the property located at 903 W. Oak Street
met the following criteria for inclusion in the Oak-Hickory . IN
Historic District:
Pi
1. Character, interest or value as part of the development, a'
heritage, or c!+ltural characteristics of the City of
Denton, State of Texas or the United States.
i 2. Relationship to other distinctive buildings, sites, or R
areas which are eligible for preservation according to a 6
plan based on architectural, historic, or cultural motif.
3. Exemplification of the cultural, economic, social,
ethnic, or historical heritage of the City, State, or
United States.
4. A building or structure that because of its location has
become of value to a neighborhood, community area, or the r'
City, w
5. Value as an aspect of community sentiment or public pride.
6. Identification with a person or persons who significantly
contributed to the culture and development of .he city,
State, or United States.
7. Embodiment of distinguishing characteristics of an
r { architectural type or specimen.
The Historic Landmark Commission voted to recommend that the
property located at 903 W. Oak Street be included in the Oak-
Hickory Historic District by a vote of 8-0. On January 28,
1987, the Planning and Zoning Commission voted to recommend that
the property located at 903 W. Oak Street be included in the
Oak-Hickory Historic District by a vote of 7-0.
s
ALTERNATIVES
<Y 1. Approve petition
2. Deny petition
a'
,
ATTACHMENTS
„i 1, Location map
2. Reply Form Totals
3. Mailing List
4. Historic Landmark Commission Minutes of December 81 1986
5, Planning and Zoning Commission Minutes of January 28, 1987
r 20779
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4 PROPERTY OWNER REPLY FORMS
CITY COUNCIL
903 West Oak
5
IN FAVOR IN OPPOSITION UNDECIDED
John Miller None Received
2127 West Oak
!r ; ; Denton, TX
a{ t i '
Dr.. 6 Mrs. J. Don Vann
811 West Oak
Denton, TX
6= Patti Balentine
822 West Hickory
Denton, TX
k John & Becky Wright
{,1 912 West Oak
Denton, TX
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~ Minutes
Histaric Landmark Commission
December b, 1986
r
a
The regular meeting of the Histc-:c Landmark Commission of the City
Denton,
Building. at 1130 p.m „
of the M Munielpal December
ouncil Texas Chamber held an
in the C
Present: Randall Boyd, Mike Cochran, Catherine Conrady,
Gaylen Fickey, Bullltt Lowry, Samuel Marino,
Sandra hatthews, and Tom Miller
Absents Robert Albrecht
Present from
Assistant cityiAttorney;sand Olivia CarsonJoe , Secretary
" Chairman Mike Cochran called the meeting to order.
1, MINUTES
Mr, Marino stated that Page 2, Paragraph 9 of the November 17,
1986 minutes should read "historic markers could be put on
individually designated houses,"
r It was moved by Ms. Conrady, seconded by Mr. Lowry and unani-
a. mously tarried (7.0) to approve the minutes of the regular
meeting of November 17, 1916, so corrected.
!i, PUBLIC _JiEARINGS
A, Consider recommendin that property located at
' 903 West Oak Street be included in the Oak-Hitkory Fr-
stor a sir ct.
w %r ry`7 Chairman Cochran opened the public hearing.
1y ,ti Mr. Fickey arrived at the meeting.
IN -FAVOR: None present.
OPPOSED: None present.
STAfF REPORT: Ms. Spivey stated that the Oak-Hickory
1 s or a serial Ms been s proved by the City Council.
The current boundaries are the north side of Oak Street
tw from 610 best Oak Street west to the Intersection of Oak
and Fulton streets; the south side of Oak Street from
609 west Oak Street to the intersection of oak and welch
streets; the north side of Hickory Street from the inter.
section of Hickory and watch streets to the Intersection
of Hickory and hilliams streets; the east side of Denton
Street from the Intersection of Denton and Oak streets to
the lntersettion of Denton and Pearl Streets; the south
side of Purl Street from 07 Pearl Street vest to the
1 Intersection of Pearl and Denton Streets, She said that
m the properties at 903 and 918 west Oak Street were excluded
,t from the district. In order to comply with the desires of
the Nationil Register and the City Council to have a com-
a r' plate and contiguous district, stitf recommends approval
of the inclusions.
r.^c'` She added that the Commission has evaluated the proyyerey
at 903 west Oak Street and found that it meets the fotiow-
a> Ing criteria for inclusion in the districtt
a, Character interest or value as part of the develop-
,}rmeet, her tole, or cultural tharottetistics of the
t, City of Denton, State of Tesa or the United States,
b, Relationship to other distinctive buildings, sites,
or area Which are elllibis for pretervatlon itcordiogg
to ea plan based on architectural, historic or cultural
t,
F
1 '4'
d
i
HLC Minutes
Pill 1, 1916 j
t
! c. Exam
pt(fl a lion of the cultural, economic, social,
United Statestoricel heritage of the City, 5 u to or
d, A building or structure that because of its location
hasthecome Of value to a neighborhood, community area,
e. Val de. as an aspect of community sentiment or public City.
Mr- Cochran asked if there had been any response from the
property owner.
MroSpivey replied that a letter was milled to the
Property owner but there has been no response.
Chair declared the public hearing closed.
Mr. Muter moved that the following criterion be added as
applying to the ropeerng located at 903 West oak street - ;
r teecturaletypef l
ort spec(et.,, Seconded e by sMr. Lowrynandchi•
unanimously carried (1.0).
Fir. Lowry moved that the following criterion "Identifica-
tion with a person or persons who significantly contributed r
to the culture and development of the City, State or United
" States." - also be attributed to the property at 903 Kest
Oak Street. Seconded by Ms. Conrady and motion unanimously
carried (0.0).
Mr. Boyd moved to recot. c.d that the ppr per ty at 903 hest
Oak Street be included in tha Oak-Hickory Historic District.
Seconded by Mr. Miller.
Roll tall vote:
Randall Boyd oConrody - Aye
hike Cochran - Aye
Gayylmp Fickey Aye
' aullltt Lowry • Aye
Samuel Marino Aye
i Sandra Matthews - Aye
f Tom Miller • Aye
r ; LMotion unanimously carried (0.0).
n 1 B, Consider recommending that property located at
• 9 1 Kest Oak St eel ba included in the Oak-Hickory
1'. stor c E7itr ct.
Chairman Cochran opened the public hearing.
j IN FAVOR: Hone present.
OPP_ OSEDt None present.
a STAFHf~nrr Ms. Spivey stated that the Oak-Hickory
stor c sstrict has been approved by the City Council.
The current boundaries ate the north side of oak Street
< from 610 Kest Oak Street west to the intersection of Oak T
K and Fulton streets; the south side of Oak Street (rem
609 West Oak Street to the Intersection of Oak and Welch
streets; the north side of Hickory Street from the inter-
section of Hickory and Welch streets to the intersection R
of4 hickory and Williams streats; the east side of Denton
Street from the intersection of Denton and Oak '•treets to
the intersection of Denton and Pearl strewti; the south
side of Pearl Street (tom 601 Pearl Street west to the
Intersection of Pearl snd Denton Streets, She said that
the properties at 903 and 910 West Oak Street were excluded
.......•.,s",•vq..9 +asl1-~i%DIslY9„•r w.._..
~ f
Minutes
Planning and Zoning Commission
January 28, 1987
t
TheyyrejQular meeting of the Plannln and Lonin,, Commission of the
S:00 plm0eni nLheeCouncll Chimbei ofdthedMunlcipalr8ulldin. at
Presents Eullne Brock, Bill'Claiborne Rubyy Cole, R. B. Escue, Jr., S
Ivan Glasscock, Judd Holt AN William Korman
q
Absents None
Present from Stafil Denise Spivey, Urban Planner; Cecile Carson,
Urban Planner; Joe Norris, Assistant City Attorneys Dave
Ham, Director of Mater/wastewater Utilities; JerryY Clark,
City Engineer; Ray Rumfield, Civil Engineer; Martha
Davidson, Planning Technician; and Susan Mitchell,
Secretary
chairman Bill Claiborne called the meeting to order.
I. MINUTES
A, It was moved by Ms. Brock, seconded by Hs. Cole and
unanimously carried (7.0) to approve the minutes of the
t'. regular meeting 1the Planning and Zoning Commission held
January t98
B. It was moved by Hsi Cole seconded by Mr. Lieu* and
unanimously carried (7.0 to approve the minutes of the
aint meeting of the Public Utilities Board and the
lshning and coning Commission held on January 11, 1987.
lt. C
Fed b PROTON unanimouslym Bk, al D81 It was ol
carried (7.0)rto Approvedtheby
consent agenda as followsi
a4 I A. Approval of preliminary and final plat of the C.P. Martin
I Addition, Lot 1, block 1.
B. Approval of final plat of the Skyfab Addition,
Lot 1, Block 16
C. A prova3 of final plats of the Westgate Heights Addition,
Phases ItI and IV.
Its. PUBLIC HEARINGS
n A, Petition of the City of Denton Historic Landmark Commission
requesting that the roDDerty eated at 03 test Oak Street
be added to the Oak-tic kory Hlbistoric Distr c s ppropp.
etty is further described as a tract irk the E. Puchait.kl
7 MSurvey, Abstract 096, and is loeated on the south side of
ast oak Street apptoslrately $00 feeyyt wait of Mounts St,'
`a+ feetjyfout repiwYeformsweretrectivedtfnofavoi waohreply0
1~y forms were retelved in opposition.
. 1PEf TIIONERt Mike Coehten Chairman of the Historic Lind.
*ar omm sslon,,stated that he via present to emphasize
' the fact thst the Planning and Zoning Commission and the
Citr Caunell Nave requested that this particular property
be included iR the district. He said that the Historic
i Landmark Commission excluded the property because the owner
wanted to be excluded but property meets the criteria for
inclusion.
N F YO t None present.
f OPPOSED1 None present.
'RI
D
1/28/187utes
Page 2
STAPF REPURTs Ms. Spivey stated that the Oak•Hickory Hl s- r
tar c str ct wes approved on November 4, 1986 byy the City
Council. She sold that the key issue at the meeting was
the exclusion of properties. She said that the concern was
that with these exclusions the district would not comply
with the standards that the National Register for Historic I
Pisces has for Historic Districts. She said that their
nu•
l
standards basically require that a district have a cant
ous linkage of properties. She sold that the National
Re Teter will be certifyln the district once the ultimate
8 is d s d that on December 1 1986 the
pet een. She s
stroval isorlc Landmark Commission held a ublit hearing and
found that the property located at 903 West Oak Street met
the criteria for inclusion in the Oak-Hickory Historic
District by a vote of 8.0.
EBUTTALs None offered.
Chair declared the public hearinl closed.
DECISIONS Mr. Ctatborne made a motion to recommend that
fh property at 903 West Oak be included in the Oak Hickory
% orlc District. Seconded by Mr. Holt and unanimously
i carried (7-0).
1. Petition of the City of Denton Historic Landmark Commission
requesting that the ppropperty located at P111 West Oak Street
be added to the Oak•Hickory Historic Di tr ct. The roy•
erty to further described as a tritt in the E. Puehalskl
} Survey, Abstract 996, and is located on the north side of
cc- West Oak Street approximately S00 feet west of Mounts St.
rn, Twenty-two notices were mailed to property owners within
200 feet[ three reply forms were received In favor, two
reply fortis were received in opposition.
' i TiTtONERS Mike Cochran, Chairman of the Historic Land-
S, mEar arscion, stated that he war present to emphasize
the hit that the Planning and toning Commission and the
City Council Aare requested that this particular property
be included in the district, he said that the Historic
Xandmark Commission excluded the property because the owner
wanted to be excluded.
IN FAVORt None present.
m' OPPOSED$ None present.
T F tEPGk : Ms. Sppivey ototod that this property fleets
u e cr er s for incluston. She stated that on December
4;. 1 1986 the Historic Landmark Commission held a public
hearin and recommended that the property it 911 West Oak
be included in the oak-Hickory Historic GDistrict by a vote
of 8.0.
REBUTTALi None offered.
z,
Chair declared the public hearing closed.
ECISIG t Mr. Claiborne aide 1 motion to recommend that
e property at 911 West Oak be included In the Oak-Hickory
Historic District. Seconded by Mr. Estue and'usnimoufly
t . carried (7.0).
C. ; 1150. Petition of Seventh Day Adventist Church request--
n uendmbnt of an existing puneed development and approval of a detailed plan on a 5.131 sera portion. The
prepeety is located on the east side of Riney Road, spppsox
plmately $00 feet north of Wihdsor Drive, and is shown In
r
r
DATEt 02/17/37
CITY COUNCIL REPORT FORMAT v
i
Tot mayor and members of the City Council
FROMs Lloyd Harrelle City Manager
SUBJEM PUBLIC HEARING FOR INCLUSION of 918 W. OAK STREET IN THE OAK-HICKORY
' HISTORICAL DISTRICT
`1 AgCOMMgNDATIONt
At its meeting of January 28, 19870 the Planing and Wing
Commission unanimously recommended that the property at 918 W. oak
Street be included in the Oak-Hickory Historic District-
I;
_SUMMY t
P'
This is s request to include the property located at 918 W. Oak
street in the oak-Hickory Historic District.
r4 BACKOROUIIDt
The inclusion of this property in the Oak-Hickory Historic District
will ensure a contiguous, cohesive district that complies with .rI
standards of the National Rogister of Historic Places.
PRO~tAMa DL_____ OR GROUPS AFPECTEDS
Not applicable-
s
t;a FISCAL IMPACTI
M1
There is no impact on the General Fund.
41
{
Respect Iy submittedt
4 i
City anager
Prepared byt
DYAise 8Pi ey
Urban planner
f A Va s
Director of Planning
" and Development
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PLANNING AND ZONING COMMISSION
i RECOMMENDATION TO THE CITY COUNCIL
To: Denton City Council
Case No.: 918 W. Oak Meeting Date: February 17, 1987
GENERAL INFORMATION
Applicant: City of Denton Historic Landmark
Commission
Y• 215 E, McKinney Street
Denton, Texas 76201
Status of Applicant: City Commission
2 Requested Action: Request for the inclusion of this
property in the Oa;;-Hickory Historic ;
District, If approved, the historic
district designation Will be an over-
' ' ley for this single family toned
property.
Location and Size: A 13,580 square foot tract located on
the north side of West Oak Street
ap- proximately 500 feet west of Mounts
Street,
Surrounding Land Use
and Zoning: North - Single family residences,
j duplexes] 2?
South - Single family residencesi
SF-7, Mr-1
East - Single family residences SF-
West - Single family reeidence,
fraternity house# MP-1
Denton Development Guide: Low Intensity Area
+ SPECIAL INFORMATION
Article 28 A-2 of the City of Denton Zoning Ordinance deolerea
a' as policy the follow following purposes of the historical preservation
and nance:
,
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(Case - 918 w. Oak)
page Two
i
SPECIAL INFORMATION (Continued)
i. To protect, enhance, and perpetuate historic landmarks
which represent or reflect distinctive and important
elements of the city's and State's architectural,
archaeological, cultural, social, economic, ethnic, and
j political history and to develop appropriate settings for f,
such places.
ige as
such i historic cultural landmarks by
i 2, u and reflected a in historic
embodied
appropriate regulations.
3. To stabilize and improve property valued in such
rr
t locations.
4. To foster civic pride in the beauty and accomplishments
of the past.
' i.
5. To protect and enhance the City's attractions to tourists
and visitors and provide incidental support and stimulus
to business and industry.
r 6, To strengthen the economy of the City.
7. To promote the use of historic landmarks for the culture,
at'h proaperity, education, and general welfare of the people
of the City and visitors to the City.
Section 28 A-14 (a) of the above referenced ordinance defines a
historic district as "a geographically definable area possessing
` significant concentration, linkage, or continuity of buildings, unite ar tural,uhistorical, archaeological,worccultural imp rtancehorec-
significance.' Section C of the same article Specifies how the
kw, I boundaries of a district are to be drawn: "The boundaries of
historic districts shall be drawn so as to include all
buildings, structures, sites, areas or lands which meet one or
more of the criteria set out in Section 28 A-3 or which directly
affect or relate to such buildings, structures, sites and areas
of land meeting one or more of the Section 28 A-3 criteria,
provided that at least fifty-one (51) percent of the total
structures archaeological within or cultural boundaries importance o or a valuea"tural, historic,
R4 '
a
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a,W ANALYSIS
On November 4, 1986, the city council approved the Oak-Hickory
Historic District for the following reasons3
Ff .
Y MthR q p.m, w u., .n.. sn t.. r Aw ,Y
n ~ ,RM W^~{]J ~:"IY9 a11F3.ii].~'Iy mil ..~t
(Case - 918 W, Oak)
Page Three E
j
ANALYSIS (Continued)
The West Oak-Hickory Street area is one of the most
! historically significant areas of the City of Denton. There
f are currently fourteen (14) designated historic landmarks ?
within the boundaries of the district and many other struo-
tures are eligible for designation. This area is also the
site of many substantial homes built by the business and
civic leaders of early Denton.
At that time, the properties located at 903 and 918 W. Oak were
excluded from the district. During the public hearing, the City
Council expressed a desire to have these properties included in
the district in order to have a complete and cohesive district.
r'----------
RECOMMENDATION
On December 8, 1986 the Historic Landmark Commission held a
public hearing and found that the property located at 918 W. Oak
Street met the following criteria for inclusion in the
Oak-Hickory Historic Districts
ck, 1. Character, interest, or value as part of the development,
heritage, or cultural characteristics of the City of
Denton, State of Texas of the United States.
2. Relationship to other distinctive buildings, sites, or
areas which are eligible for
preservation according to a
c plan based on architectural, historic, or cultural motif,
3. Exemplification of the cultural, economic, social,
" ethnic, or historical heritage of the city, state, or
United states.
~s4. A building or structure that because of itc location has
become of value to a neighborhood, community area, or the
city.
5, Value as an aspect of community sentiment or public pride,
n^: H' The Historic Landmark Commission voted to recommend that the
property located at 918 W. Oak Street be included in tho
` Oak-Hickory Historic District by a vote of 8-06
On January 28, 1987, the Planning and Zoning Commission held a
public hearing and found that this property met the above listed
criteria for inclusion in the Oak-Hickory Historic District and
voted to recommend that the property located at 918 W. Oak
Street be included in the Oak-Hickory Historic District by a
vote of 7-0.
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(Cage - 918 W. Oak)
page Four
i
ALTERNATIVES
I
1. Approve petition
2, Deny Petition ATTACHMENTS
E4. ocation map
E S eply Form Totals
ailing List
istoric LannamarknCOW mmissioniMinutesfofeJanuary828,81987
lanning an
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
918 West Oak
IN FAVOR IN OPPOSITION UNDECIDED
Ola Mae Akbrs Chris Hill
4 820 Gregg 1018 West Oak
' Denton, TX Denton, TX
John d Becky Wright Henry Barlow
912 West Oak 1320 Stuart
Denton, TX Denton, TX
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I December 8, 1986
Page 2
h
c. Exemplification of the cultural, economic, social,
ethnic or historical heritage of the city, State or
k United States.
d. A buildirg or structure that because of its location
has become of value to a neighborhood, community area,
or the City.
e. Value as an aspect of community sentiment or public
pride.
Mr. Cochran asked if there had been any response from the
property owner.
Ms. Spivey replied that a letter was mailed to the
property owner but there has been no response.
Chair declared the public hearing closed.
Mr. Miller moved that the following criterion be added as
applying to the property located at 903 hest Oak Street -
i "Embodiment of distln?uishing characteristics of an archi-
tectural type or spec men." Seconded by Hr. Lowry and
unanimously carried (8-0).
Mr. Lowry moved that the following criterion - "Identifics-
tion wlth a person or persons who significantly contributed
to the culture and development of the City, State or United
States." - also be attributed to the property at 903 Best
Oak Street. Seconded by Ms. Conrady and motion unanimously
carried (8.0).
+ Mr. Boyd moved to recommend that the property at 903 best
1. Oak Street be included in the 00-Hickory Historic District.
Seconded by Mr. Miller,
Roll call vote:
r 5' Randall Boyd - Aye
Catherine Cotrody - Aye
hike Cochran Aye
Gaylop Fickey Aye
Bullitt Lowry - Aye a
t.. Samuel Merino Aye P r'`
t Sandra Matthews • Aye
Tom Miller Aye
* a` Motion unanimously carried (8.0).
Consider recommending that property located at
918 hest Oak 5tteete included in the risk-Hickory
stor c str ct.
' Chairmen Cochran opened the public hearing.
IN FAVOR: None present.
OPPOSED: None present.
` STAFF REPORT: Hs. Spivey stated that the Oak•Hickoty
's Thetcurrentsboundariesbore tha noethbiideeofiOakCStreet
' from 610 West Oak Street west to the intersection of Oak
and Fulton streetsi the south side of Oak Street from
609 West Oak Street to the intersecsion of Oak and Welch
streetsi the north side of Hickory Street from the inter-
section of Hickoryy and ketch streets to the intersection "
of hickory and Wiillams streetsi the east side of Denton
Street from the Intersection of Denton and Oak Streets to
s the intersection of Denton and Pearl stteetsl the south
side of Pearl Street from 697 Pearl Street west to the
intersection of Pearl and Denton Streets. She said that
the properties it 903 and 418 West Oak Street were excluded
~ a~M3Ykii'6Yf':. eM~S-S•...~tu .,n,. e. . ~._s, •i b,.bt v v<s<'.+ , . w
n
HLC Minutes w
December 8, 1986
Page 3
from the district. She further stated that Inclusion of
these pproperties would address the concern of the City
Counclt and staff to have a contiguous and compatible
f c:storic district.
She added that the historic
the property at 919 WestrOakoStreet o and his
that it meets the following criteria for inclusion in the
district.
a. Character, interest or value as part of the develop-
ment, heritage, or cultural characteristics of the
City of Denton, State of Texas, or the United States.
t` b. Relationship to other distinctive buildings, sites,
> or areas which are eligible for preservation accordin
to a plan based on architectural, historic or cultural
motif.
c. Exemplification of the cultural, economic, social,
ethnic or historical heritage c! the City, State or
d United States.
d. A building or structure that because of its lccation
y has become of value to a neighborhood, community area,
or the City.
r e. Value as an aspect of community sentleent or public
pride.
Ms. Spivey stated that because the property at 918 West Oak
N Street meets these criteria, staff recommends approval.
Chair declared the public hearing closed.
Ms. Conrady moved to recommend that the propperty at
918 Kest Oak Street be included in the Oak•Hickory
'r Historic District. Seconded by Mr. Boyd.
e} ,4 i Mr. Marino asked when thq property was remodeled.
Ms. SpIvey stated that it had been remodeled between
192i•1930.
k, tti Roll call vote! ;
R#r Randall Boyd - Aye
Catherine Conrad - Aye
e
Gaylen Plckey Aye i.~
" Mike Cochran Aye ;
L. $ullltt l.ovey•• Aye
Samuel Marino Aye
Sandra Matthews • Aye
Tom %ii 11er Aye
Motion untalmously carried (8.0)-
Ms. Spivey advised that the Historic Landmark Commission's i
recommendation on the properties at 903 and 911 kest Oak
t Street wilt be forrarded to the Planning and toning Commission
!s, for public hearings anO that property owners will be notified,
41VH~ 1 1 _
~j Iii CONSiDLRATION
Recommend approval of a tax abatement crdlnance.
Mr. Cochran thanked Mr. Morris for preparing the ordinance.
i
Mr. Lowry stated that he liked the ordinance and asked if
a there would be a problem with the ordinance becoming retro-
active since it will probably not be approved until after
January.
s f 1 Mr. Morris said It would not be a problem if the ordinance
is a roved in the first part of the year. He said that the
qualification deadline Is lit the spring,
,
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1/28/87
Page 2
STAFF REPURTs Ns. Spivey stated that the Oak-Hickory His-_D r ? for c strict was approved on November 1, 1936 by the City
Council. She said chat the key issue at the meeting was
the exclusion of properties. She said that the concern was
with the with standards exclusions the district for Historic
Places has for Historic Districts. She said that their
standards basically require that a district have a continu-
ous linkage of properties. She sold that the Nati?~aal
Register will be certifying the district once the ultimate
J a proval isndiven. She said that on December 8, 1966 the
Historic I& mark Commission held a public hearing and
found that the property located at 9D1 West Oak Street net
{ the criteria for inclusion in the Oak-Hickory Historic
District by a vote of 8.0.
REBUTTAL: None offered.
Chair declared the public hearing closed.
DECISIONS Mr. Claiborne made a motion to recommend that
t e property at 903 West Oak be included in the Oak-Hickory
Htstoric District. Seconded by Mr. Holt and unanimously
carried (7.0).
, Petition of the City of Denton Historic Landmark Commission
B
t requesting that the property located at 919 West Oak Street
be added to the Oak-Hickory Historic Distr ct. a yyrot
erty is further described as a tract in the E. Puchalsk-
West eOak Streettapproxiand mately approximately north unt$ St.
Twenty-two notices were mailed to property owners within
200 feett three reply forms were received in favor, two
reply forms were received in opposition.
PETITIONER: Mike Cochren, Chairman of the Historic Land-
mark Commission, stated that he was present to emphasise
the fact that the Planning and Zoning Commissionand the.
Litt' Council Aare requested that this particular property
a' W be fneluded in the district. He sold that the Historic
Xandnark Commission excluded the property because the owner
wanted to be excluded.
1.4 PAVORs None present.
OPPOSEDs None present.
STeAFCrREe`katfOrslnclusion.taShe statedhthstroneDecembers
e, 1986 the Historic Landmark Commission held a public
hesrin and recommended that the property at 918 West Oak
be Included in the Oak-Hickory Historic :strict by a vote
of 3.0,
REBUTTAL: None offered.
Chair declared the public hewing closed.
DECISIONt Mr. Claiborne eade a motion to recommend that
a tTie property at 918 West Oak be Included in the Oak-Hickory
y Historle District, Seconded by Mr. Escue and usnimously
t carried (1-0).
L..---~
C. Z ISO. am endmentn of aneexistinDay g plannedldevelopmentoandst
nI
N•' ' i,= approval of a detailed plan on a 5.138 sere portion. The
propetty is located on the east side of Riney Road, approx.
lmately S00 feet north of Windsor Drive, and is shown in
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r CITY of DENTON 1215 E. McKinney 1 Denton, Texas 76201
MB140RANDUM ~
ba ;
DATI% January 29, 1987
Tot Mayor and Members of the City Council
PROM- Victor Schneider, Tax Technician
i
j j
rsonr Assistant Director of Finance
TlIROUGH. William J. Ands
SUBJBCT- APPROVAL OF TAX RKFUND
, ~ REC !ID(~TIONs
Tax Technician recommends that tax rotund be issued.
M
.r"' . ~ SUMMARYt
1• Chapter 31; Section 31.11 of the Texas Property Tax Code requires
.141 . the approval of the governing body of the taxing unit for refunds in
exoo@$ of 1500.00. Taxpayer, Beverly Ralman has requested a rotund ?
*f 1 in the amount of 1591.62 for an over payment of City tax account
number 6695-02600.
On December 191 19960 Beverly Holman paid the total mount of her
City and school taxes in one chock to the City of Denton. A check '
r ; 6 of our retards indicated this overpayment and Mrs. k[alnatt was
notified so she could request a refund. Our records indicate a total of . Halstan$1,033-46
$591.62~el.le.
difference s of tax at
is 3 roquestiP4 against a
Kra
r" fIBCAL IMEACTs
„ $591.62 to be refunded. Respectfully suWttedt
Victor Schneider
y Tax Technician
1 ~ A •
ry Willies .Anderson
d
18238 Assistant Direotor of Plnanos
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a4M►:o►«yTuftwd APPLICATION FOR TAX REFUND
fN1oM A►►aoNbe 71.11(4102)
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Collecting OMia Name:
Collecting Tax For: _ 12ifj bgr AA,
axng units)
,OiS'<. .rl~,y,:~.r~ Sf .I~P~~o►., 7`c 76 Res)
Address
City, State, Zip Code
Y
In order to apply for a tax refund, the foltowing Information must be provided by the taxpayer.
104NTIFICATION Of PROPERTY OW ER:
Name: ArAler-14 J"
Address:
Talaphone Number of additional nformabon Is neededk A-AX- 6/M
I
{ IDENTIFICATION OF PROPERTY i
Description ofPropery: Amf .21
Address or Location of Property ,
Account Number of Property: AL91"-.02AM or Tax Reoelpt Number,
i ^ INFORMATION ON PAYMENT Of TAXES:
Name of Taxing Unit Yesr for Amount of
From Which Refund Which Refund Date of the Amount of Tax Refund
a Is Requested Is Requested Tax Payment Taxes Paid Requested
1. o-P 19 .p6 .141,9 / 1t? &dL. = /,033, 4Y~ S yt`"QL LIX +
2. 1S / 10 s fi r e
j S. 10 / 19 f
.4M&A f w/os a+a~e. ~,.~sr~re
't Taxpayer's reafon~ for refund (tteoh supporting documentation) Vt j"r
t., f ~/.S.«nun /4. S'n.~ee~ Ter In olle C/lec~ >`o G
"I 4eby apply for the refund of the abo odesoribed taxes and arty that the Information I have VIM on this form
Is true and Correct."
Signature Date of Application for Tax Refund
2
DETERMINATION FOR TAX REFUND: Approval Disapproval
Signature of Authorized OIAar Data
nature of Prealding Offiow(s) of Taxing Date
UnNp) fo refund appllcadone over X00
' g A" pusoo wAS sake a tsMa entry u'en IM lerpoln0 rsead shsM N eubJeolte soe a1M kllewiw, px+aY«l 1. plan,- aorta
eef more Man 10 yeas nor bN than A yoan and/or a floe of nor mesa *an 61,010 or beef woh Ana and
I ngwismo w ow*w erll to IoM tel a lam up Is I Vow M a Ilse rails owed 11,000 a beef woh Ana sndlmproseeawnt asset
IoM In $"I" ICAO, Nos Cap
MtWO {LN
30 COLLECTIONS
'*HawsRL iM1r 2471
DL Ie lie
1701 IW1CN T
"
o,er it 6 2 $ F) 6 3.3
! ~:i-Ej~i1LP ~4► :!!13. 7930. 244L' #00000L033b6T+
g
TAX STATEMENT YOUR TAKES ARE DuE OCTOeE /SyPfl' y
1sI AND BECOME DELINQUENT City olDent"raDkp&RSwf i
FEBRUARY Isl1. SIR REVEReE 213 E. YdCi ST.
810E F~_I!ENALTY AND INTER. DrRAan Twrnrry7~~O1 ww
EST OrT PNO9E 566•d110 1-
KIIISalOI SICK ♦ 3
♦ iKI! 002•~E/I/0 CILA ;a ♦♦tF 0
70 A SA 11"T 7♦ fK• T _
0
41 s&4 1
r •EVER Y J• h = 0 '
3701 COOPER N ~
DENTON
~TJIT♦.1g1 '
FOR RETURN 11EGEIPT, SEND •OTN fMS1NT PARTS WITH SILF-ADDAGUND STAN►eD ENV@LOpf
-r rss•
• ~r • • .r.ayr.. ..r...• lI
ON ISO TAX OFFICE 1=1=] IF OR AMOUNT '
i .B E. OAK STREET TAX STATEMENT
Al DUE
80X 947 591.52 , r
'ON TX 76202.0947. ar n"s "Alms"T VALlo n AN O"Oem 2
"ago? O"li *1401 VA.ieA1r0,
r T10~~r IUTf trIN►TION TAX f3/ E .6 e " AN
100 74888 .790 591.62 11986 1 MAR 9 633 03
[RST ALF PAID Y 11/30/8 THEN BALANCE ITHOUT J APR 11 658,y0
ILTY I DUE-BY 6 30/87 MAY 13 868.53
TAX D11~ UN 15 680.36
ll
QruCT 1.
3701 "60PER BRANCH EAST
DENTON l0i 26, 28/1002-E6 CUIP 28f
TX 76301 UP* hrs ❑Arsntwr
WIN Ypy".A1'1M"~ t'A
r e 1:
iALNAPPRAISED VALUE 74888
R
."1
CITY COUNCIL REPORT FORMAT DATE: 02/17/87
T0: Mayor and Members of the City Council
FROM: Lloyd Harrell, City Manager
SUBJECT: APPROVAL OF THE PRELIMINARY PLAT OF THE DAUGHERTY ADDITION, LOTS 1
AND 21 BLOCK B; MOTOR ADDITION, LOT 3, BLOCK 1; AND THE NORTHWOOD
ADDITION, 10TH INSTALLMENT, LOT it BLOCK 1
~r
RRCOFlOYNDATION:
The Planning and Zoning Commission recommends approval of the above
referenced items.
7 SWWRY: s
Davelopment proposed in the order listed: mini-warehouse use on two
' lots adjacent and mouth of Daugherty Street; construotten of a new
storage facility on Lot 38 of the Motor Addition for service to an
iI existing water purifying businese; and the incorporation of 1.17;
mores of additional property into a previously approved 3 acre lot
to be used am a private recreational facility for the Church of
Jesus Christ of Latter Day Saints (a new church will also be
y: developed).
1, a N/A
v. PROGRAMS, DEPARTMMS OR GROUPS ArreCTen:
` Property owners
1 ,
a 4
FISCAL IMPACTi
dndeteraitsd
Reepeo ly submi :
,r .
Prepared by: oy rrell
City er
David tllieon ai
~ ~f . < Benior Pla~.ser
Appr ved ~a
Jeff Me sr'
b'lricter of (Planning
a
and Develep"fit
16466
Ar 1d
CITY COUNCIL AGENDA
HACK-UP SUMMARY SHEET
MEETING DATE: February 17, 1967
. SUBJECT: Approval of the preliminary plat of the
Daugherty Addition, Lot 1, Block 1
SUMMARY: This 0.978 acre commercial (C) tract is located
adjacent and south of Daugherty Street approxi-
mately 450 feet west of Johnson Street. The
purpose of the plat is to divide the property
into two lots to accommodate mini-warehouse
development.
Sidewalk and perimeter street paving
improvements are required for a 182.67 foot
° section of Daugherty street. The project
' engineer has reported that the developer is
planning on making the required improvements.
y The access and utility easement along the east
property line was dedicated to serve surrounding
property and is not technically connected with
z' the subject parcels however, the Development
Review Committee has asked the owner to consider
i dedicating additional easement width off his
side in case a public road is needed in the
3 future to serve the other properties.
~i
An existing 6" water line has sufficient
capacity for domestic and fire protection
purposes. An existing 6" sewer line has
sufficient capacity if the proposed mini-
„ warehouse use with limited demand is built.
u ACTION REQUIREDs Approval of the preliminary plat
RECOMMENDATIONS The Planning and Zoning Commission recommends
f
ryt t" approval.
ALTERNATIVES Approval
ATTACHMENT: Reduced preliminary plat
David E song
Senior Planner
~wF„ 1S30s/2
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4 y/~..r~un nee.. n
,
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6URKE ENGINEERIN•
41T'8. LOCUST #10i `
P Mrx,re a, REVISED RPcUltvED „i,"d10,87
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L
CITY COUNCIL AGENDA
j} BACK-UP SUMMARY SHEET
E
MEETING DATE: February 17, 1987
SUBJECT. Preliminary and Final Replat of the Motor
Addition, Lot 3, Block 1
it SUMMARY: This 1.0 acre light industrial (LI) tract is
located along the east side of Woodrow Lane,
S roximately 350 feet north of Morse Street.
The purpose of the replat is to formally approve
the division of lot 3 which was sold by metes
and bounds description and to provide for
issuance of a building permit for construction
of a new storage facility on lot 3B.
The Planning and Zoning Commission, t its waiver
meeting of February 119 1987, app
of the perimeter street paving requirements for
Woodrow Lane, a secondary major arterial sched-
uled for 1988 improvements in the 21.7 million
dollar bond issue. Sidewalk is required along
9F the Woodrow Lane frontage of both lots.
s + An existing 20 inch water line is more than
s«. 1 adequate for domestic and fire protection
V, purposes. An existing 8 inch sewer line is
serving several properties, but should be
sufficient for a ::se that will not require
significant additional demand,
ACTION REQUIRED: Approval of the preliminary and final replats }
RECOMMENDATION: The Planning and Zoning Commission recommended
approval of the preliminary and final replat of
Lot 3, Block 1, Motor Addition, with a waiver
of the perimeter street paving requirements for
Woodrow Lane.
ATTACHMENTS: Reduced plats {
r l"
1768a
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3013
i CITY COUNCIL AGENDA
' BACK-UP SUMMARY SHEET
s
MEETING DATE: February 17, 1987
3
SUBJECT: Preliminary and final replat of Northwood
+t. Addition, 10th Installment, Lot 11 Block 1.
~E SUMMARY: The purpose of this proposed replat is to
I§z't - , incorporate 1.174 acres of additional property
r into one previously approved acre lot. pThe
property s zoned single family (SF-10), is
located adjacent and east of Old North Road,
and the Church of Jesus Christ of Latter Day
€ y
Saints is planning to build a new church.
All public improvements are in place or
available for extension.
a ACTION REQUIRED; Approval of preliminary and final replat
r.
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the preliminary and final replat
of Northwood Addition, 10th Installment, Lot 1,
Block 1.
ATTACHMENTS: Reduced plats
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REVISED r,rTv r JAS! 9 11~1
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CITY of DENTON / 215 E. McKinney! Denton, Texas 78201
MEMORANDUM
r
DATE: February 12, 1987
TO,. Rick Svehla, Assistant City Manager
a' FROM: Jerry Clark, City Engineer
SUBJECT: Stuart Pershing Paving and Drainage
The Stuart Pershing project was awarded to Atkins Brothers
Construction Company of Grand Preirie, Texas for a contract
price of $44S,227.3S. A pre-construction meeting was held July
161 1986 and work began on August 59 1986. Improvements were
completed and accepted on February 130 1987 with 4 working days
remainingg on a contract of 105 working days. The contract was
s completed at a cost of $448,521.96. the cost over run was .741
" which was a dollar value of $3,294.61. 1
Cost over run was incurred in the following areas:
A lump sum of five hundred dollars was paid to the
contractor for excavation work on the north end of the
project to allow drainage to expedite the project. This
A4 area has been under It to 2' of water during rains for
many years due to outlet deficiencies. Construction
occurred about two months earlier as a result.
2. Additional lime work was also done at a cost of $1,690.00
to help dry the subgrade. The plasticity index of the
s soil required extra lime in certain areas.
3. One Junction box top at Selene and Stuart was altered to
enable direct drive traffic. This alteration involved
lowering box walls to su port top of box which the
contractor did at a cost of 200.00.
4. Additional cost was incurred to fill low spots behind the
new curb, poured on Juno, The new curb installed for better
4A drainage was approximately 3 - 4 inches higher than the
E old curb which had sunk in several spots causing low areas
behind these sections of curb. This problem was addressed
with 30 CY of top soil delivered and spread at a cost of
$450.00.
r
r .
if
i
page 2 of 2 pages
y
5. On Stuart road, concrete rip rap was needed to establish
' erosion control. The cost of placing the concrete was
$2,901.00. We feel tiie problems of erosion on steep
slopes will reduce maintenance costs by at least this
amount in the future.
In summary, this project has addressed several problems in the
area. The serious drainageproblem at Selene and Stuart no
j longer exists. The road upgrade to a four lane undivided
t i street of 45' width will provide an excellent driving surface
to residents now and room for future growth in the area.
m~
rl C1( Eater
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{ 0923L
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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.
WHEREAS, 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 t
state law and City ordinances; and
1', WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
rz; lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefor;
and
WHEREAS, the City Council has pprovided in the City Budget
~r for the appropriation of Funds to be used for the purchase of
the materials, equipment, supplies or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
g:?
That the numbered items in the following numbered bids for
materials, equipment supplies, or services, shown in the "Bid
Proposals" attached heretoI are hereby accepted and approved as
being the lowest responsible bids for such items:
BID ITEM
F' NUMBER NO. VENDOR AMOUNT
~ t.
9687 -cmin-SUPPLY
h LA M RCHE MFG CO. 10,513.80
' N P
t r _
x1- +yi `
ythi _x .r xf
SECTION 116
That by the acceptance and approval of the above numbered
a items of the submitted bids, the City accepts the offer of the
persons submitting the bids for such items and agrees to
t.
ay? r
'1 1 1 !9~~F
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;F.,de,~.✓,ws x+w.r.-. :~~.°w'.ia\.4w .+n. .iw ....ws r,;tw'dP
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to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Hid
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,
approval, and awarding of the bids, the City Manager or his
3 designated representative is hereby authorized to execute the
- written contract which shall be attached hereto; provided that
the written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums
G contained in the Bid Proposal and related bid documents herein
approved and accepted.
w 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
.u ' accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorised herein.
s SECTION V.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this 17 day of February , 1987.
RAY SMUNSo MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLSN, CITY STMMTM
'y. C
ITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITi OF DENTON, TEXAS
BY I
PAGE Two
N + C If •
f Jiy
Y
i 4
DATE: February 17, 1987
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
r
FROM: Lloyd Y. Harrell, City Manager
' SUBJECT: BID# 9687 - PCtSlS a sn== uTS
RECMIENDATIOtf: We ceoa=rt►er:d this bid be awarded to the lowest bidder
mcetinl p ifrcations, Qnmins Supply in the amount of $11,050.00. This
is for 34 streetlight poles with 6' arms. We will not be purchasing the
seoond item on the bid, luninaire for item 1, at this time.
r SUMMARY: 'This bid is for the
purchase of 35' streetlight poles
w i 6'1anms and luninaIre with 250 watt h.p. sodium lamps to be used
r by the Electric Distribution Department.
rY' This bid of Duseraerry , although lower at ;305.00 was
nrt selected because it did not meet: the intent of the specifications.
0mnins Supply was selected because of the poles greeter allowable loading,
r = lighter weight, and additional ultra violet protection.
r ,
e Tabulation Sheet
Memorandum from Don McLaughlin
r
Spread Sheet
MQORMIS, DEPARTIEiITS OR GROUPS AFFECTED:
F• Electric Distribution
a FISCAL IMPACT: 1986/87 Budget Funds
G, 611-080-0252-9226-5706
Re:pectfal submitted:
i ,
Lloyd W. Merrell
(lay City Manager
1 f 0 erect byt
NielI Tama D. Shawl C.P.M.
Title. Assistant Purchasing Agent
ti. , Ap roved t
w~
Names Itz D. Shaw, C,P.Ma
Titles Assistant Purchuing Agent
' G
Y
C,{
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f I I I 1 !
111 1 19681 I CUM141, I DUSENBERRY I NESCO 1 1ENPLE I NELSON I PRIESIER I I
its TITLE POLES Ik STREETLIBNTB I SUPPLY I I I INC I ELECTRIC I. SUPPLY 1 I
RI~11Ef i214f16 2~N P.N. I I ! I 1 1 I 1
AtCwj ill-H8-1232-422i I I I I I I I I
I 1 I I I
» ..........L.., ._.:----I............. I............. I............. I------------- I............. I.............
I
S. 1 .ITV ! 119 SESCRIPt10M I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1
-1• -1----------------- -I-.--- -1- -I- -I- --------•--I.------------I---........-.L-.........-.!
~I----•I 1 I ALT215.01 I I IIII
te' 1. I 115, POLE VITN1' AAR 1 325.11 1 315." 1 396.11 1 343.11 1 434.11 1 NI 1 i
L t I I ALT365.111 I I I I I k
2.; 1 ILUI111MIRE 2'il'1AT1 SIPS 1 224.01 1 NS 1 219.42 1 271.N 1 313.11 1 241.15 1 i
( I t I ! I 1 I i !
3.' I ' f35' Ate! MITN 11' SRACREtk 242.11 1 214.H t NB I MB I 01 I INi I !
I, I t k I I I i !
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19 1 1 I'Y d'O vENTON
u„uT1~ MEMORANDUM
.
TOs Tom Shaw, Assistant Purchasing Agent
c" FROMI Donald L. McLaughlin, Senior Electrical Engineer t
DATEi February 6, 1987
SUBJECTS BID NUMBER 9867
BA
~b The developer has delayed his project and will not be needing the
special light standards and fixtures at this time, Please inform bidders
of Shoe Box Light Fixtures that the City of Denton will not be offering
any. Please check with Cvmmina Supply and see if they can still
maintain their bid price for a 35 foot pole with 6 foot ans. The color
r will need to be changed from black to Gray. Cummings Supply was
C. selected over the low bidder Dunsenberry because of the poles greater
+ allowable loading, lighter weight, and additional ultra violet
protection. A Spread sheet is attached.
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DATE: February 17, 1987
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
I
;
FROM: Lloyd Y. Harrell, City Manager
'r SMECT: Bid W08 DC/A(: Inverter
.
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RECOPIEMTION: We recommend this bid be awarded to LaMarche Mfg, Co. the
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low bidder for $10,513.80 with delivery in 60 days FOB Denton, Texas.
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r SUMMRY: This bid was Gent to six prospective vendors with the proper advertising.
We received three bide, and the low bid was F.O.B. Denton with the freight paid
by the vendor. The next low bid is over 48% higher than the low bid by LaMarche
of $10,513.80. We had estimated the coat to be I0,000.00 plus freight.
J
a' BACZGROl910: Tabulation sheet
pr~ Utility Engineers recommendations
4 ~R06RANS. DEPARTIEIITS OR GROUPS AFFECTED:
Scads generations controls
FISCM. IMPACT: Ther is no additional impact on the General Fund. s
Respectf' iy submitted:
N
LloyeY. `Harr*11
City Manager
Prepared by'
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A t i N"*, John J.,Marshall 7
Title: Purchasing Agent
Approved
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Nash: John J. Marshall
Tit)e; Purchasing Agent
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iti TITLE KIAC INVERTER 1 INC ! BEAAIN6 I ELECTRONIC I DEITECK I
(PEW) W1017 2111 P.M. I I INS I SKIES CC 1 I
ACCOIINtI 811-118 12!' 02N I t I I I I 1
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I I I KIAC INVERTER I 16,222.11 1 WO III 1 NO 110 1 15,58B.M I 111517,81 I 1
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CITY OF DENTON
" VnUrK~ MEMORANDUM
J
TOs Tam Shawp Assistant Purchasing Agent
FROMI Joe Cherris Electrical Engineer II
I
DATES February 9, 1987
SUHJBCts Hid 19708 - DC/AC Inverter
For Use With SCADA and 800 MHz System
4
The Utilities staff recommends acceptance of the the low bid meeting
" specifications, LA MARCHE Manufacturing Co.$ 106 Sradrock Drives
{ Des Plaines, IL 60018.
rF; Thank you.
Joe Cherri
JC s bM
IYCO20987002
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NO.
AN ORDINANCE ACCEPTING A COMPETITIVE BID AND PROVIDING FOR THE
F AWARD OF A CONTRACT FOR PUBLIC WORKS IMPROVEMENTS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
9
WHEREAS, the City has solicited, received and tabulated E
+r competitive bids for the construction of improvements to the
Water Treatment Plant in accordance with the procedures of state
s law and City ordinances; and
WHEREAS, art. 601g, V.T.C.S. provides that a City may not
award a contract for public works projects to a nonresident
bidder unless the nonresident's bid is lower than the lowest bid
~F submitted by a responsible Texas resident bidder by the same
r amount that a Texas resident bidder would be required to
underbid a nonresident bidder to obtain a comparable contract in
the state in which the nonresident's principal place of business
is located; and
WHEREAS, after diligent inquiry and investigation, and
review of information supplied by Cajun Construction Company,
the City Council hereby finds and determines that the lowest
bidder in this project is a nonresident bidder and that said
bidder's principal place of business is Louisiana, which state
s gives a preference to local bidders; and i
WHEREAS, the City Manager or a designated employee has
received and recommended that the hereinafter described bid is
the lowest responsible bid for the construction of the public
works improvements described in the bid invitation, bid
proposals and plans and specifications therefore, that meets the
a~•' ;;dg: requirements of law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
V~w
V
That the following competitive bid for the construction of
public works improvements, as described in the "Bid Invita-
tion", 'OBid Proposal" or plans and specifications attached
hereto is hereby accepted and approved as being the lowest
rr, responsible' bid for the upgrade of the Water Treatment Plant:
BID. NUMBER CONTRACTOR AMOUNT
9657 Tonto Construction Co. $395920000.00
SECTION II.
~r
That the acceptance and approval of the above competitive
y,r bid shall not constitute a contract between the City and the
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h.; + person submitting the bid for construction of such public works
t improvements herein accepted and approved, until such person
shall comply with all requirements specified in the Notice to
I Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification
4.'. of the award of the bid.
r;
SECTION III.
That the City Manager is hereby authorized to execute all
s necessary written contracts for the performance of the
t- construction of the public works improvements in accordance with
the bid accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards,
quantities and specified sums contained therein.
SECTION IV.
That upon acceptance and approval of the above competitive
bid and the execution of contracts for the public works and
as authorized herein, the City Council hereby
i
improvements
' authorizes the expenditure of funds in the manner and in the
y { amount as specified in such approved bid and authorized
contracts executed pursuant thereto.
" SECTION V.
J That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the 17th day of February, 1987.
RAY ' MAYOR
" CITY OF DENTON, TEXAS
14
ATTEST:
6 v? y
f '
JENNIFER WALTERS
x, ACTING CITY SECRETARY
CITY OF DENTON, TEXAS
r APPROVED AS TO LEGAL FORM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
1 CITY OF DENTON,TEXAS
az BY- -7-/
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DATE: February 17, 1987
CITY COUNCIL AGENDA ITEM
M` t
( T0: MAYOR & MEMBERS OF THE CITY COUNCIL ^
° FROM: Lloyd Harrell, City Manager
BID ;9657, WATER TREATMENT PLANT
SUBJECT: CONSIDER BID OPENING,
UPGRADE (PHASE II).
g.
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tl, RECOMMENDATION:
The Public Freese i & Nichols, atCotheir nsultingmeeting ineof January
ers, and a
14, 1987,
Utility Staff recommended the approval of the low bid of
Cajun Contractors and Engineers, Inc., in the amount of
$3,497,000 with the provision toha Cathe State of
contractors eaas
preference law did not apply
Engineers, Inc. Since the preference law does now apply,
Tonto Construction, Inc., was recommended by the Public
Utilities Board and Freese & Nichols iat the n the bid d me t ing
of February 10th, 1987, for approval amou of
$3,592,000.
f
SUMMARY
x~, s Bids were opened December 23, 19860 and the results were
as follows:
Cajun Contractors & Engineer, Inc. x000 (low bidder)
Tonto Construction, Inc. 315921{ bidder)
fy}i Eby Construction Co., Inc. 3,740,000
BRB Contractors, Inc. 317900000
r Red River Construction Co., Inc. 3,831,000
t' BACKGROUND:
The upgrade of the existing water treatment plant from 24
MGD to 30 MGD is an approved capital improvements
project. It involves two phases. Phase I was completed
by contract from January 1986 to June 1986. This bid
construction, Phase II, is scheduled for completion on
about April 1988 (14 months) from notice to proceed.
Phase II work will consist of many items of upgrade &nd
addition work in order to increase water production. In
general, these items of work are as follows:
n
~ I
AA.
(1) Construct and relocate or site raw water influent a
lines.
(2) Upgrade all clarifier and floridation mechanisms
f (3) Construct new inline mixer
s' (4) Modify filter pipe gallery, valves, controls, etc.
(5) Construct new chemical feed building and piping
(6) Expand operation and maintenance building
5 (7) Repair roof over filter building
(8) Repaint all piping, valves, modifications
(9) Replace motor operated valves on two high service
pumps.
The City Attorney has reviewed the State of Texas `
` preference law to determine if Cajun Contractors and
Engineers, Inc., met the provision of this law as to
principal place of business as well as at least 58 below 1
next lowest bidder, Tonto Construction, Inc. The City
ttorney determined that Cajun Contractors and Engineera,
Inc., did nut meet the law's provisions since their
principal place of business is Louisiana and their bid was
less than 5% below Tonto Construction, Inc.'s bid.
' Freese 6 Nichols, Consulting Engineers, have verified
references and financial statements of the second lowest
bidder, Tonto Construction Co. of Arlington, TX, and found
this company satisfactory and capable of accomplishing
this work. Bids are valid until February 23, 1987, unless
approved for extension by Contractor.
r PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
y; City of Dentor, Denton Municipal Jtilities, and the
contractor.
[FISCAL IMPACT:
Phase II budgeted amount $4,0000900
Recommended bid of
Tonto Construction 3,5920000
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Source of funds: Water Bond 1623-081-0460-9101
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Respe ully submitted:
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Prepared byCit Manager
C, DavHam, Di for
Department of Water/WW Utilities
.s Ap Ye
:
E, Nelson, Director
1 41:
Department of Utilities
U'
Attachment l: Bid tabulation
r 2: Letter of evaluation from Freese 5 Nichols,
k Consulting Engineers
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M14
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MINUTES
PUBLIC UTILITIES BOARD
February 10, 1987
i j
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MEMBERS PRESENT; Chairman Roland Laney, John Thompson, Edward
Coomes, Kenneth Frady, Nancy Boyd, R. E. Nelson
ABSENT EXCUSED: Lloyd Harrel!
STAFF PRESENT: Ernie Tullos, Glenn Jaspers
w
College Banquet Room, Holiday Inn, Dallas Drive, 7:00 a.m.
1. CONSIDER BID OPENING BID #9657 WATER TREATMENT PLANT
UPGRADE PHASE II)
Nelson explained that the Public Utilities Board, at their
meeting of January 14, 19871, Freese 6 Nichols, Consulting
Engineere, and Utility Staff recommended the approval of
the low bid of Cajun Contractors and Engineers, Inc., in
the amount of $3,497,000 with the provision that the State
of Texas preference law did not apply to Cajun Contractors
and Engineers, Inc. Since the preference law does now
apply, Tonto Construction, Ir.ee, is recommendel for
approval in the bid amount of $3,592,000. ,
The City Attorney has reviewed the State of Texas pre-
ference law to determine if Cajun Contractors and
Engineers, Inc., met the provision of this law as to
principal place of business as well as at least 5% below
a° next lowest bidder, Tonto Construction, Inc. The City
Attorney determined that Cajun Contractors and Engineers,
Inc., did not meet the law's provisions since their
t, principal place of business is Louisiana and their bid was
less than 5e below Tonto Constructicn, Inc.'s bid.
Freese b Nichols, Consulting En sneers have
9 ► verified
references and financial statements of the second lowest
;F bidder and found' this company satisfactory and capable of
accomplishing this work. Bids are valid until rebruary 23,
1987, unless approved for extension by Contractor.
Thompson moved that with the advice counsel that Cajun is
subject to the provision of state law regarding preference,
~.M recommended approval of the second low bidder, Tonto
Construction. Boyd second. All ayes, no nays, motion
r„ carried unanimously.
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F R E E S E AND N I C R 0 6 S. IN C. 1N`o[ NI14 T`, P;:`
° C ONSUIT I NG E NGINE ERS/It Af/ ""TOOL"r'aDNM1r[
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February 6, 1987 "VIN W.[RtIM L M9n lON04l "M pg.
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Mr. C. David Ham, P.E. oyCRTnN►`
Director of Water/Wastewater Utilities JOMM110Mk0L
Service Center/Warehouse
901-A Texas Street
Denton, Texas 76201
' Re: Water Plant Upgrade Project
Phase 2
Recommendation for Award
k
Dear Mr. Halm:
I: Bids were received at the City of Denton Service Center for the construction
B Phase 2 Water Treatment Plant Upgrade project on December 23, 1986. Five
bids were submitted and a detailed breakdown of each bid is shown on the
try' attached bid tabulation sheets. In addition, the bids have been evaluated
based on the Texas Reciprocal Preference Law (House Bill 620). This law
requires that out of state bidders from states having a preference law to
underbid Texas contractors by the same amount as required in their state.
The bids received and the evaluated amounts are as follows:
' Amount Evaluated Calendar Preference Js~ ,
Bidder/Residency Bid Amount Days Law Regats
r'' { Tonto Construction, Inc. ;39592,000 $3,592,000 430
{ Texas N/A
Cajun Contractors, inc. ;3,497,000 $3,671,850 425 5 percent
Louisiana
Eby Construction, Inc. =3,7409000 $3,740,000 450 N/A
Texas
BRB Contractors $3,790,000 ;3,790,000 None No pre-
Kansas Given ference
regats.
Red River Construction 53,8300000 ;3,831,000 $40 N/A
s Texas
Thelow actual dollar bid received was from Cajun Contractors, Inc. whose
principal place of business Is in the State of Louisiana. it is our
understanding that the City's Legal Department has determined the Texas
u r 111 LAMAR STREIT FORT WORTH, TKXA1 14109
TIL9PHON9 IIT 330•IIai MtTIto •IT 430.1$00
P1 33
3
-
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Mr. C. David Ham, P.E.
February 6, 1987
w Page 2
Reciprocal Preference law is applicable to Cajun Contractors, Inc. The State
' of Louisiana currently has a 5 percent preference requirement for out of
state bidders and under the Texas reciprocal law, this requirement will be
applied to Cajun Contractors' bid amount. Therefore, based on the evaluated
bids, Tonto Construction, Inc. becomes the low bidder.
Tonto Construction is a relatively new firm which has been in operation
since 1985. our investigation of their experience record showed that they
have not performed any water treatment plant type work under their present
organization. The type projects that they have constructed are pipeline and
pump station facilities. The company has bid plant type work but has not
been successful. Tonto has proposed to use Mr. Glenn A. Landry as project
manager and Mr. John Williams as the project superintendent on the Denton 7t
project. We have conducted background reviews on each individual and the re-
sults indicate that both are well qualified to perform the type work isso-
g elated with this project. Mr. Landry has approximately 11 years construe- g
T tion and project management experience and Mr. Williams has approximately
16 years experience on plant construction projects. We have attached a copy
r :l of their resumes for your information.
We have also reviewed the company's financial statements. Tonto Construe-
' Lion, Inc. Is owned by Tonto Group. Tonto equipment Limited (a part of Tonto
Group) has provided a letter pledging full financial support for Tonto
Construction Co. We have attached the financial statements for both firms.
` In addition, Tonto Construction, Inc. has submitted a letter which states
the company's approximated retained earnings for 19e6 and their line of
cr±dit currently available. We have confirmed the Line of Credit by tele-
phone from the financial institution. Based on the statements received,
Tonto Construction, Inc. appears to be financially capable of performing the
contract. The City nay desire to have their financial consultant review the
statements should there be any questions.
The mount bid by Tonto Construction, Inc. Is well within the budget of
$41060,000 established for this project. Based on the review of the In-
formation submitted and the results from the reference investigations,
Freese and Nichols recommends that the contract for construction of Phase 2
of the Water Treatment Plant Upgrade project be awarded to Tonto Construe-
tion, Inc. at their bid amount of $3,592,000. If you should have any ques-
tions concerning this recomrmendation, please advise. -
. Respectfully submitted,
FREESE AND NICHOLS, INC.
Robert F. Pence, P.E.
RFPjd (376)
P': } Attachments
xc., R. E. Nelson
f: Srini Sundaramoorthy
r
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GLENN A. LANDRY
214 Bellevue
Cleburne, Texas 76031
(817) 6414795
r 1985 - Present TONi!" MNSTRIlCTION, INC.
Vice President, Business DPveiopment responsible for
f locating, biddingg. and negotiating contracts for the
company, and monitoring construction projects.
1981 - 1985 LORM CONSTRUCTION, INC.
Project Managger .m $4.6 million site development
consisted ofstenpbox culve rts 101 X1 es0~t Pro 101 X 1,40
r 36' RCP sewer; 18' - 48" RCP storm drainage piping;
30 curb inlets; and street paving.
Division Engineer responsible for estimating heavy
ti construction projects ranging in value from $10 mil-
lion to $150 million. Supervising engineers and
estimators in the Heavy Division and monitoring the
! progress of estimates were also my responsibility.
1976 - 1981 POWER BUILDERS. INC.
Project Superintendent responsible for oversteing
all stages of construction on waste water treatment
plants and potable water treatment plants, including
scheduling work, labor, and materials; coordinating
subcontractors; owner relations; and preparation of
monthly pry estimates and progress reports.
Projects include: $3.5 million Waste Water Treat•
ment Plant, Plano; $1.7 million Potable Water Treat-
went Plant, Cleburne; $600,000 Waste Water Treatment
' Plant, Nixon; $100,000 Water Treatment Transmission
4+ Line, Luling.
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j JOHN H. WILLIAMS
501 Debra Drive
Mesquitet Texas 75149
(214) 285-4409
1987 - Present TONTO CONSTRl1CTI0N iNC., Arlington, Texas
Pro ect Superin en ent
1960 - 1986 OLSON CONSTRUCTION COMPANY, Irving, Texas
5uPervIsed field o ce and construction of water and
wastewater treatment plants to include all phases of their
materials; on-site sub-contractors; forming, placing and
finishing reinforced concrete structures; installation of
buried and interior piping; installation of all types of
equipment and heavy equipment operation.
1985-1986 Pro ect Suoerintendant - Ten Mile Treatment Plant,
Ferr s, Texas.
Contract Amount: $5.5 million, $1.0 million in change orders.
1984-1985 rintendent - White Rock North & South Water Transmission
Lines, City o Dallas.
Contract Amount: $3.5 million each
1983-1984 Mechanical Suoerintendont on three small jobs:
- Punch s on Village Creek, Ft. Worth
- Hackberry Pump Station, City of Irving, Texas
i Contract Amount: $600,000
- The Colony Mud District
CrAtract Amounts $3.0 million
1982-1983 Swerintendent - Dallas Eastside Water Treatment Plant for
the City o Dallas.
Contract Amount: $19.5 million
1980-1982 Superintendent - McAlester Water Treatment Plant, City of
McAlester, Ok ehoma
Contract Amount: $7.5 million
i
f. 1971 - 1980 CARROTHERS CONSTRUCTION COMPANY, Paola, Kansas
1979-1980 Ass s ent Super nb sx%nt
' 1971-1979 Carpenter Foreman
Worked on the following projects:
s - Northeast Wastewater Treatment Plant, Lincoln, Nebraska
Contract Amounts $8.9 million
- Fort Alley Wastewater Projects Junction City, Kansas
Contract Amount: $1.2 million
- Topeka Water Plant Addition, City of Topeka, Kansas
p Contract Amount: $2.0 million
- Summit County Wastewater Addition, Frisco, Colorado
Contract Amotxit: 5800,000
- Springdale Wastewater Plant, Springdale, Arkansas
Contract Amount: $4.9 million
- Lufkin Wastewater Treatment Plant, Lufkin, Texas
Contract Amounts $3.9 million
- Coffeyville Water Treatment Plant, Coffeyville, Kansas
Contract Amount: $1.2 million
- wastewater Plants City of Colorado Springs, Colorado
Contract Amounts $1.3 million
a
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L;onCo oonsCruoUon inc.
OENEIIAL MID HEAVY COM )CT1CN
February 5, 1987
r.
Mr. Bob Pence
FREESE L NICIi0L5, INC.
811 Lamar Street
Fort Worth, TX 76102
y' Dear Mr. Pence:
Thit letter will confirm our conversation today, regarding
the financial position of Tonto Construction, Inc, as of January 31,
` 1987.
r
The Tonto Group of Companies has forwarded $1,000,000.00 to
Tonto Construction, Inc: The anticipated result for 1986, is a
projected profit of $280,000.00. This profit, together with retained
earnings of rpproxiately $70,000.00 from 1985, will give this company
a total of approximately 51,350,000,00.
" Additionally, we have established a $2,000,000.00 line of credit
with the Royal Bank of Canada - Oallas. This line of credit, together
with the above, is more than adequate to cover our projected work for
x f 1987,
Yours truly, •i
h~u TONTO CONSTRUCTION, INC.
M. G. Korol l
President
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UNTO CONSTRUCTION, INCA
IINANCIAI, STATMUM
(aspresIed to 0aited States dollars)
(onaodit.d)
YEAR akaRO JANUARY 31, 1986
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Consents
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Statewnt of Income and Mtained Famin=e
notes to IPIM cial Stateawnta
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AC(MnAM I ComnxTs
tie have made a review of the aecompanyins balance sheet as at January 31, 1986 and k
the statement of income and retained earnials for the year then ended which were
prepared by Tonto Construction$ Inc. Our review consisted primarily of *nquiry$
v comparison and discussion of information supplied to us by the company, However,
in accordance with the terms of our ansss"4otr we have not performed an audit a.nd
consequently do not express an opinir,n On these financial statements.
rs ,
Neu Vancouver, Canada
may 31, 1986
Chartered Accountants
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TONTO CONSTRUCTION, INC.
.(Incorporated under the lava of Nevada)
BALANCE SUIT AS AT JANUARY 31, 1986
(expressed in United States dollars)
(unaudited)
j '
ASSETS
CURRENT ASSETS
Cash $1382234
Accounts receivable 9701371
Inventories 1210250
Prepaid expenses 486616
41,299,471
4
x rVMD ASSETS
Equipment 418,729
Less accumulated depreciation 24,945
393,784
$1,692,255
MAlILITIES ~
CURRENT LIABILITIES
Bank indebtedness $3580000
Accounts payable and accrued liabilities 6111697
Deferrod revenue 450143
Deterred income taxes payable 23,696
current portion of equipment purchase loans 99,090
t~,c $?1137,628
PAYABLE TO SUMMER !0,000
PAYABLE TO PARENT AND )YPILIATES (note 3) 250,000
R ' EQUIPM#T PURCHASE LOANS (note 4)' 162 436
1~,6ZO,QE6
SIVISHOLDERS, EQUITY
y, en's
CAPITAL STOCK
Authorized
25,600 common shares of $1 par value
low"
1,000 common shares 10000
RETAINED LWINCS 71,169
72,169
Commitments (note 5)
M ' Approved by the Directors
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Director
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TONTO CONSTRUCTION, INC.
` STATEMENT Or INCOME AND RETAINED EARNINGS
(expressed in United States dollars)
(unaudited)
"
TEAR ENDED JANUARY 3t, 1986
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Contract revenue '1,748,824 -4
Direct coateact expenses 1,344,72
a
1peratiaa profit 404,452
Expeness
"Uri), and administration $266,008
Depreciation 24,945
Interest 18,634
s±~ - 309587
Income before income taxes 940865 r.
Deferred income taxes 23 X696
MET INCOME$ UING ASTAINED EARNINGS AT END 0! YEAR $ 71►169 n.
ly:
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NOTES TO FINANCIAL STATEMENTS
j (expressed in United States dollars)
1 (unaudited)
j YEAR ENDED JANUARY 310 1986
1. SIGNIFICANT ACCOUNTING POLICIES
Inventories
Inventories are valued at the lower of cost and replacement cost.
Fixed assets
fixed esaat$ are stated at cost. Depreciation is provided on the
straight-line basis using the following annual rates based on the useful
A lives of the asset.
Construction equipment - 10% to 33.31
"a Office equipment - lox
Revenue
Revenue is recognixed by the percentage of completion method.
' S
2. ACTIVE OPERATIONS
< The company commenced active operations in Fabruary 1965.
a1 3. PAYADLE TO PARENT AND AFFILIATES
Parent
ki %y Tonto Equipment Ltd,
$ 70,000
Affiliates
A`a Tonto Drilling Services Partnership $1400000 t
Tonto Construction Equipment Ltd, 40000
1SO,o00
$230,000
The non-current amount payable to parent and affiliates of $250OO6 is
a non-lsterest bearing and do not have specific terms of repayment, The
parent and affiliates have indicated that they will not request payment
G within the next fiscal year, Consequently, these amounts have been
classified as a non-current liability in,the accompanying balance sheet.
. 2
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4. EQUIPMENT PURCHASE LOANS
(a) Darr tquipeant Inc.
Combined principal and interest payments of $8,642 per
month over 36 months$ interest at 10.2x per annum $241,241
(b) Case Credit Corporation
Combined principal and interest payments of $836.70 per 27,198
south over 36 months, interest at 5% per onw=
(c) Other 131109
Love curtent portion 99,090
$182,458
5, coma MENT$
The company rents office space and mobile equipment under long-tore leases.
, , The aggregate future minimum lease payments are payable ae [ollowst
~
f 1987 $ 43,096
f 1986 43p096
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DIAMOND AND PERCUSSION DRILLING
PERFORMANCE GUARANTEE
} OF TONTO EQUIPMENT. LTD.
VANCOUVER, BRITISH COLUMBIA
CANADA,
II
For valuable consideration hereby acknowledged as received d
f.
TOM EQUIPMENT, LTD., hereby fully and completely guarantees
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the full and faithful performance of TONTO CONSTRUCTION, INC.
on tho project known as "Denton Water Treatment Plant, Upgrade
Phase II". In the event said work is awarded to TONTO ;
CONSTRUCTION, INC., and TONTO CONSTRUCTION, INC., fully and
„ faithfully performs the work pursuant to said award, then this
Y., obligation shall be null and void= otherwise, this obligation
shall be binding and supported by the full financial
capabilities of TONTO EQUIPMENT, LTD.
l of s
TONTO EQUIPMENT, LTD.
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12063920 NORLAND AVENUE BURNABY, B.O., CANADA V50 4K? TELEPHONE (501) 290.1421 TELEX 04.354161 r
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a
+ CONSOLIDATED FINANCIAL STATEMENTS
YEAR ENDED JANUARY 310 1986
of Auditors' Report
Consolidated Balance Sheet
+ Consolidated Statement of Iacose
Consolidated Statement of Retained Earnings
Consolidated Statement of Changed in Financial position
dotes to Consolidated financial statements
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.
A kW Thorne Riddell
Ch&tWW Aceo,e,tants
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AUDITORS' REPORT
ti !o the Shareholders of
y. Touts Equipeent Ltd.
Y
ue have exaair,ad the Consolidated balance sheet of Tonto Equtpxent Ltd. as at
` January 311 1986 add the consolidated stataaents of income, retained earnings and
changes in financial position for the year then ended, Our exaaiostion was made
Is oetordance with generally accepted auditing standards, and accordantly included
euea. nests and other procedures as we considered necessary in the circuaataecla.
rA, In our opinieka, these consolidated financial statements present fairly the
°rn 'r financial position of the company as at January 31, 1986 and the results of its
operations and the changes in its financial position for the year then ended in
accordance with generally accepted accounting principles applia?, except for the
change in the method of calculating depreciation as explatoad In note Z to the
r financial a atsments, on a basis consistent with that of the preceding year,
R bt 111
Vancouver, Canada
~ N+r 31) 1986
Chartered Accountants
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~ Incorporatad under the lava of Alberta) I
t
CONSOLIDATED BALANCE SHEET AS AT JANUARY 31, 1986
ASSETS 1986 1985
` CURRENT ASSETS w
Cash $ 357,109 $ 30211,314
Accounts teeeivable 1,919,751 L,676,176
Income taxes recoverable 21732
Inventory 101630439 100249149
Prepaid expeuses 93 660 30 764
3;536,711 - 50942 j'43'3
PledIVABLE FROM AFFILIATES (note 3) 3,017,033 20188,912
IWESTM9NT IN JOINT VENTURES (note 4) 2840182 226,225
INVESTMENT IN AFFILIATES (note 5) 1739162 96,769
FIXED ASSETS (note 6) 4,4680955 30392,293 ?
OTBER ASSETS 43,623 82,470
$11j5489666 $11,929~,12
LIABILITIES
! CURRENT LIABILITIES
'I Bank indebt4daeoa (note 7) $ 930,265 $ 10218,161
Accounts payable and accrued liabilities 1,551,813 1,9316972
Payable to affiliates (note 8) 16L,789 37,645
Income taxes payable 70,418 428,719.
Deferred income taxes 72 979
PAYABLE TO PARENT AND AFFILIATES (note 8) 2,3410075 1,796,026
'oQUIPM1W PURCHASE LOANS 2599040 - {
DEFSRARD INCONS TAXES 234j267 316 083
MINORITY INTERESTS 410 742 533 231
' •`,t ~,03Y,s38
SHAREHOLDERS' EQUITY
~ r .1 iv
CAPITAL STOCK (note 9) 600147 1100088
y1?''',° CONTRIBUTED SURPLUS 3210945 3111943
RETAINED EARNINGS 5 .jj134 136 MOM
55.16,22 S, 633,M
$1103481666 $1109290132
Commitments sna guarantee (note LO)
J; M J xA Approved by the Directors s''s}
Director
Director
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TOM EQUIPMENT LTD.
CONSOLIDATED STATEMENT QY INCOME i
YEAR ENDED JANUARY 3L, 1986
r.
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1986 1985
r; Revenue
f Contract revenue $$,3$1,731 $11,$43,988
s' k Rentals from affiliates 8191837 1,268,066
Contract maaapmeat fees from joint venture - 36080$
t share of joint venture Iacono (lose) 39,147 ($30162)
#t Cain (1068) oa sale of
7r ; , Shares of subsidiaries (90733) 86319
86372 371
Fixed assets 3
2os$9 248,016
z
y Otherest 20,329 269,467fi1
„ . Equity to loss of affiliate 10 429) )
, a
r l313222968
i ' rs; Expenses
Contract costa 41418,249 71901,286
r Depreciation and aaortisation 966,A94 10061,404
Interest 271017 991901
General and adainistration 9911729 2,4579316
I Write-don of other assets 82`470 -
M486419 " t"3f~r'~81
Inc*" (loss) before Iacono taxes and minority
yr, interest (1561566 ) 1+803,061
Iaccae taxes
" Cutrait (recovery) (67,327) 480,071
afarrad (reduction) 6 379) 47 136)
(13*906) 432035
Incoas (loss) before minority interest (620680) 1,3101126
Minority interest 112.486 47 72$)
NET INCOME $ 390806 $ 8930401
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TON" EQUIPMENT LTD.
CONSOLIDATED STATEMENT Or RETAINED EARNINJs
YEAR ENDED JANUARY 31, 1986
`y
19E6 19
` Balance at balludol of year
Net Income X5,203,295 54,340,350
~ 399006 893 401
c _3.'33'; f Sr'
Di.videads on preferred shares
22,128
Dividends on cocoon shares S
r 100,965 13s$60
.
1l&oowry of refundable taxes on inV#Stoent income
5, 532
30
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ALANCE AT 0WO Or YEAR
ar` 55,134,136 $3,203,205
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TONTO EQUIPMENT LTD.
CONSOLIDATED STATEMENT OF CHANCES IN FINANCIAL POSITION
YEAR ENDED JANUARY 31, 1986
1966 1985
CASH RESOURCES PROVIDED BY (USED FOR)
OPERATIONS
Net income $ 39,806 $ 893,401
Items not involvial cash
Share of joint venture lose (income) (39,147) 33,162
Writ e-dova of other assets 82,470
Depreciation and amortisation 966,894 1,061,404
Deferred income taxes (10,837) (62,078)
Lose (lain) on sale of
f Shares of subsidiaries 9,733 (8,519)
Fixed assets (86,372) (2340317)
4r Equity in loss of affiliate 10,429 33,108
d Change in non-cash operatit4 working capital
Accounts receivable (2430575) (106340461)
Inventory (139,290) (910780)
Prepaid expenses (621916) (51653)
Accounts payable and accrued liabilities (380,159) 107070760
Income tales 3 ) 383 465
-~,-095;450
, R.
?r % FINANCING
' Redemption of preferred shares - (250,000)
Purchase of treasury stock (490908) -
Increase in
ii Payable to parent and affiliates 644,193 8,198
Equipment purchase loans 2596090 -
Cash dividends (108,963) (35,988)
` Refundable taxes on investment income _ St532
749,410
INVESTMENTS
Proceeds from sale of
Investments 430674 $,519
' Fixed assets 1570108 6300222
Joint venture drawings (capital contributions) (180810) 56,65P
Purchase of fixed assets (2,134,292) (116060606)
Increase in investment in affiliates (86,822) (21,730)
Increase in other assets (480623) (611492)
R Decrease (increase) in
*w Receivable from affiliates (828,061) (20,023)
Minority interest 195 896) 471 017
f a, INCREASE (DECREASE) IN CASH POSITION (20566,309) 102650757
`S" nR* r ly
CASH POSITION AT BEGINNING OF YEAR _1,993,153_ 101,396
a CASH POSITION AT END OF YEAR $ (573,156) $1,9930153
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OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: C. Dave Ham, Director of Utilities, Water/Wastewater
FROMi Diane Callander, Assistant City Attorney
SUBJECT: 0:1INION NO. 87.02
Interpretation of House Bill 620, now codified Tex.
Rev, Civ. Stet. Ann, art. 601gi Whether-the statute.
"is' Mandatory in applicat}.and clisstfyida- a
"resident" bidder.
i. .,Lea. Ir.,
11 f, .•3 7 ~e~r;nR
DATSs ~PebU'ary 10' 1987" L i is .
+014eet -
r!' 1 ~g ira,n. a 1 "ant .r nceta .,11,n 4
a You have rg4uested an 'a'plnt61vrss to whedaaas •Hous, "ill. 620 is
optional so that an owner may give preference to resident bidders
' wKen awardin;-contracts? House Bill 620 is mandatory and requires
the owner to award a bid to thwttonnesidont:bidder.when~th.e pro-
w~ visions of the;statute-are met.
s~ '^,x•.
r, Tex. Rev. Civ. Stat. Ann. arts 6018 (House Bill No. 620) addresses
the swarding'of a bid to a non+tesident-bidder.• The-statute pro-
hibits the awarding of a bid to a non-resident bidder unless the
non-resident's bid Is lower than the lowest bid a responsible
Texas bidder submits. in addition to awarding the bid to the non-
resident, the difference between the non-resident and resident
` bidder amount must be "the amount that a Texas bidder would be
required to underbid a non-resident bidder to obtain a comparable
contract in the state in which the non-resident's principal place
of business is located." Tex. Rev. Civ, Ststa Ann. art. 60181
" sec. 1(b). There are other considerations contained in the 12 a, statute that are not relevant; therefore they
are not addressed
W in this opinion.
i
As you are aware, Louisiana law requires the difference in bid
amounts between a non-resident and a resident bidder to be five
afl''. psrcent (St) or greater in order to award a bid to a non-resident.
Louisiana R,S. 38s2225,
y You have also asked how a "resident bidder" is classified? A
resident bidder is one who has its principal place of business in
' this state and also includes a contractor whose ultimate parent
company or majority owner has its principal place of business in
Texas,
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I C. Dave Nam
February 10, 1987
Page Two
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In ascertaining the "principal place of business", if a company
operates in more than one state, consideration may be given to r
where corporate affairs are conducted, residence of the executive
officers of the company, location of bank accounts, as well as
other indications of where the company's business affairs are
being conducted. The place of performance of a contract when a
company operates in more than one state should rot be a control-
ling factor, Performance of a contract is a transient status,
whereas the location of business affairs offers greater continuity
in determining a" principal place of business":
I have recently revlewed,Attorneyr.Gp;*j11"sjq Son jQ:`YA.0ltr' (1987)
which addressed, -in, part, .'Whot..,, tutes i
« ii
business". -This opinion as co p tcpa place of
c py~o w !g'p; s ~tt a ttq ,knip.rets
the " rinh yal place of business's to be the~oca-orr-o; l~a' ~'dUsny
wherein the power to control lies. Also when the business ops
rates in more than.one stA", :tW t 1 al„place of , ,4s4 t4
Is located whbrer.t6er'e~fs,oertrA l i tapr i►c p
is -4 upe, via irti
a substantial hrt of a c ~+e a p. a4Quµlat6d , if
the state where the superrvision.takesrplace. aJejkson,xo. Tennss'!ee
Valley Authority, .462-F.-Supp. 4S (D,C~ Tenn. 1978) a
e , „SUMNAAY
The statute in question is mandatory in application for awarding a
bid to a non-resident when the provisions.of the statute are met,
Further, a resident bidder can be classified as one who may not
have a parent company in Texas but does locate Its principal place
of business in this state.
I hope this responds to your request, If there is anything further
I will be happy to respond,
DIANE MIX999R.
DCsjs
v
K°
xct Lloyd V, Harrell, City Manager
i
APPROVED:
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THE ATTORNEY C~RNER.~L 'I~
i JAN
OF TEY.t,B
VTQ #
January Be 19b1 CITY OF
EGAi N
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A'r'1'~x O~'YrtAL
Opinion so, JN-616
genorable lulu Driscoll ~
Barris County Suits 634 Conatitutionaluty'o; article
on ardi out-of-
state bidders on public contracts,
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lam.: t 4!t!~ <
I . , ,..fir ,.Ki a..wyetl. :••.M! il~~P~ .
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Deal Mr,. Driscoll$ trn,ic. .cuts atf~ '1" '
><omr.Offiee has apyyd.rbetf}pl K~Faia,~},~ ,~~a .,COaa t11t
1965.•(Aau 108% GOO, 1.e8.,, c1,►.63, sit~l :97enidai, ,~..s
subesetless (b) and.(*) 04 N44.k"ll f. h!F E
(b) Tla 'state or a eovsrgmsstal. a&wY ot. As
sues "Y 1 ; "t. weld a contrast for g,1 vo;U
w
' atruocioo. imprevemasts► ses+►tees► or. pa
} pc0;:ru or "Vohasss of supplies, material!, or
r tquipment to a smosid"t bidder but bid
aoosuideat►s bid is 1oWet, than
C, submitted by At responaibla Texas-resident bidder
by Hu 60014 amount that a Taxes resident bidder
Would be required to usdelbid a oonresidest bidder
to obtais a compaeabis contract thepst to to
Wbich the nosresideat' it principal business is 10040d.
71 11 (c) This section does not apply to a contract
It I involving federal funds.
A "oonlesideat bidder" asd a "Texas resident bidder" are defined by
subeactions (4(2) and (a)(3) of section 1 to mean'
i (2) 'Nonresidest bidder' so4ae a bidder whose in this ststo principal place contractor Whoa tultimate parent
s a •
but •xcluds 1 lac
h a
corpany or ~aaSority ovsies has its priactp p
of business in this state.
(3) 'Texas resident bidder; means a bidder
whose principal place of buslnese to in this
state, and includes a contractor vhose Lis~.1
pstdnt company or majority owner has its p
place of business in this $ure.
2772
.
Honorable Mike Driscoll - page 2 UM-616)
f
ti
V.T.C.S. art. 6018, $1.
I,
Although the clause qualifying the terms "nonresident bidder" and
"texas resident bidder" is clumsy, we believe its meaning can be
fairly ascertained, 'In each definition, respectively, the clause
excludes or includes a contractor whose ultimate parent company or
majority owner has its principal place of business in this state."
The statute looks to the 'reality of,
fictions. Cf. Culcal st Ito Inc, v, fornado 12AUg not to leal
o 103 Cal. RptV,
419 (Cal. 1Cpp'. - et.
'company or majority Mors" is s46jrd, but clearly hartreferen~e to ent
tie person, or entity ultleu~tel byia~ the power to control the
busiaeas activities of.. his contractorlbidder, either directly or
indirectly. The relation' p of subsidiary tand rent ee
discussed is jAps v Club C rporatioas is
(Tex., C4v. App, a wr a, t 8.N, t '109
Order" at' Rai 6t ' A tt re a.r.a. , sal at rut
of To v d ~
404 (T
Cossoratmioas l113, ib (1980.9 as we t sx. Jur. 3d
flimiry, the term :'principal plate of business" as used in
article 6011 does not necessarily rotor to the place of incorporation
or organisation of a company, or to the residence of its majority
owner, It mesas the place where the person, whether natural or
artificial, maintains offices and transacts business, i.e , where the
person's business affairs are conducted, $to Nat=l Truckers
Service Ise. r. Aero 8 st 1nc „ 480 S.M,2d 713'2 ex, y, pp, .
Fort ort 19 , wr t re n.r.an. , The "principal place of
business" can soewtimes be different from the place of the person's
general offices, see D den v, Reeler Ba! p k pi a Liae Co., 280 F.
257 (5th Cir. IfM o but em a business operates n a numbeir of
states and no one state is clearly the state In which its activities
are principally conducted, the state from which centralised general
$uporvision is exercised may be considered the location of the
'priscipal place of business, particularly if a substantial part of
its operations are also conducted there, See Jackson v.
Valle Auth rit , 462 1, $upp, 43 (D.C, 'lion, ~ Tennessee
osswnwea_eAefiniae Co.. Inc., 596 >f,2d 1239 (Sth Cir.-T'M714j;-
f The effect of this statute is to give a preference to "Texas
resident bidders" if the home state of a "nonresident bidder" lives a
f preference to its residents to similar situations, Cf. V.T.C.S. art,
601b, 13.281 art. 9367s, The Bill Analytic enactment by the House Committee on business andpCommore@ (H,B. No,
6200 69th Le1., (1983)) describes its purpose as one to
establish a reciprocity requirement in the award
of state contracts so that bidders from other
states would face the same underbid requirement in
Texas contracts that Texas bidders would
p• 2773
r•~
I
i
I~ Honorable Hike Driscoll - Page 3 (JM-616)
I
sehoxpneriesetncateeswhen bidding on comparable contracts in
,
The statute is purely retaliatory in nature, intended to induce
other stated to avoid Walising Texas bidders,
Of a nonresident bidder does not discriminate Againste Taxx&@-bawd If oa bidders, the statute has no offset.
Paraphraseds the questions you pass arat
1. is article 6018, constitutional!
24 If ao, what is the definition of 'Prinefpal
place of busiaesstt
3. Which states currestl
late"
Pesalties on bidders from Texas? Similar
Attooks againat 1.ena1 atatutss
or workers over noortaLdeneM on pub Pesfesstsy resides: ceatsiaters .
+ based oil these federal constitutional t Proivets are uS"lly . worits
and Ismmitiss Clause of artiole d, Mention 20 of the 1Jnite% tatgeib,t
(
' Coaatitutiouls (2) the gqW Msndssntla and (3) the CaicrasC satioa Cut" of the court enth
our oPinios, the Texas statute is not Willnerable on Iswh mine d.= To
grouadM.
~ # Ulistory statutes are not a recent invention, Al Soard
P ~I rancs' es rs V. Prudon 141 Fire I rauosr., eO
ex. r. Pp, - t
4;isd73, Coaiitructioa
w 1lcation and ws Mal to " Statues a e ation of Seats "4taiia-
a aes t c a mass or sae on ore
n t • saes usurers
2. "The Citi and of each state shall be entitled to all
Privileges and Ismuniti4s of Citisass in the
mayoral S
tales,
"Uor $hull any State .
jdeny to
urisdiction the equal protection of the law any person :within its
4. "The Congress shall have Power . . . to regulate commerce ,
smond the several States , . .
P.
27.4
S
Honorable ;Bike Driscoll - Page 4 (JM-616)
s
When a state acts in a proprietary capacity as a market partict-
pant rather than as a "market regulator," it is not subject to the
limitations of the Commerce Clause, even if it uses its position to a
favor its own citizens over others, white V. Massachusetts Council of
Construction E ytoYere Inc „ 460 U. , 20 i eeves nc, v,
tats, '1. , 429 ~j'$u has v. Alexandria 8cra or „ U.S.
426 1 {1976)1 International or an sat on o stems to Pilots V.
P Andrews, 626 upp, u are, through t f sew us
o art elf 6018, the state of Texas acts in its proprietary capacity
as a market participant and not as a market regulator, Thus, article
6018 does not violate the Coemeres Clause, Cf, Jetfatlas County Phar-
macsutical Assn, Inc, v. Abbott Laboratori '4
MOST
With respect to the Equal Protectiea Clause, the statute is to
be considered valid so long as there is a rational basis to justify it
unless it burdens a fundamea M right or-aemaerne a "act elassi•
fication, If it does burden "oh a sight or cme n such a class, it
is subject to a stricter standard. C!y l4rtisas ihrrss; 461 0,86,
321 (1983).
bidders on state or local government eomtraets do not comprise a
f suspect classification, and article 601g doss met significantly f:gact
1 a fundamental right. It iaposss no durational "reeidenay" requirement
that might implicate the fundamental sight to "travel," So far as the
statute is coacaraed, the length of time a loealf has bete the
"principal place of business" is unimportant. Cis MaCar~__ thr v,
Philadel hia Civil sarvioe Cori lion, 424 D.S. 645 M76), -fit 04E
a right to pursue sap oysent a chosen profession may be considered
fundamental for ooze purposes, thara is no fuMamental right to
y i overnment smployment for purposes of the Equal Protection Clause.
Maseac usetts Board of tstirfinent v. Murata, 427 V.B. 307 (1976).
A rational basis for the statute will suffice to sustain it
against an Equal Protection attack. As a means to accomplish the
legitimate, atated object of the legislation (to induce other state
to fotago discriminatory penalties against Texas-based businesses in
similar circumstances), it is reasonable. Western and 829 thorn Life
Ioaursecc Co, v. State Board of t use ieation, 431 , 644 (1961)
tros0 tan t nsuranea Coo Ve wary, 470 11,6, 869 (1965).
Antic a g ofs not Violate the qua rotection Clause,
article 6018, section l(a)(1) definition of "governmental
agency of the state" includes local government units such to cities,
counties and school districts am wall as statewide agencies and ,
departments of the state government. The Inapplicability of the
Commerce Clause to the activities of a state to a market yarticipant
applies not only to the use of its own funds, but to those it has the
authority to administer, whits, supra. Inasmuch as the legislature
has the power to direct the axpesd nurse and procurement practices of
such local governmental units as wall as statewide agencies, we
believe the state acts as a market participant whin it does so. Sea
40 Tax. Jur. 2d Rev., part 1 Hunicipal Corooratiuns 1420 (1976). `
p. 2775
Honorable Hike Driscoll - page S (JM-6I6)
d
1
1 f
In conslderiag the Privileges and Immunities clause as it relates 1
r to article 60tlhgin r th•heafirstrotec
"
p obstionervationthat
not
of fie constitutional provision,
citirens " wi to nature
Wastes and Southard Life Insurance Co, V. State Boar-&-04 E uali:a-
t on w ra,
proces, s, Hired Euildia and Construction Trines Council v a two-eta
p
Council of t it o Ma or sad
an,
•
The first step is to determine ,
privilege or is unity protected whether the statute burdens fundamental
to the promotion of interstate hay the claws, i`, doest one the scod
stop is to determine whether there if a s ~tiial rt the second
difference in treatment, Discrimination against ooaru idenfa ddoto Aot
substantial reason for the Ie" ee And CIt' "ham 'eths thers is a
relationship td the state's objefferctive it' brass • substantial
r...i.!~, 470 061. 274, lwrem. r~ to
,.,.to 9r•%rr,clr
III tile' C t ~ O 'Gael ..t:c, F
court coaaiderof of °tlta o'-~ the VnitN Stj" 4'
percent (462h that s+tl+lfrN'it'tfaat fort
of the e~Ployeas of contractors aid
y
working on city cnsstruatien projects' te'° smbeomessctors
Coast
held that "the ba Camden, tisidrata. The
fundamatal
Court bald of thou pursuit of a cornea tailing" •te' des 41t, the most
Immunities Crouse and, ihou ~f protected by tho' Prifileges and
Co,esea Claws because of ~e thr ordinance' wu not violative of the
gimme baps it could offend p opristary nature of the regulation,
l the ep ag on unsscartained fa ta. Privileged and un Claws,
those facts. The cause was rounded ed to e to deeeraiae
In the course of discussing the factors to be considered in
deciding whether a substantial reason for the atatutory substantial
difference
existed is the Cit of Camden Cass, and whether it bore a
relationship to t e state s o Sective sufficient to avoid a privileges
sad Immunities clause violation, the court said
The fact that Camden is expanding its owa funds or
funds it administers is accordance with the terms
of a grant is certainly a factor perhaps the
crucial factor to be considered in evaluating
whether the statute's discriaiaatiom violates the
Privileges and Immunities clause,
465 O,S, at 221.
The Taxes statute at issue here has a scope more restricted than
the Camden ordinance. It does not ponalise bidders whose workforce
consists of out-cf-stata residents. Nonresident workers on state jobs
only
era not subjected to discrimination by the statute. It discriminates ainst corporations organrredihere)iwith thseilr ptiaei ns ai residing in Texas and
P p aces of business
p. 2776
Honorable Mike Driscoll - Page 6 UM-616)
3
,
in states that discriminate against Texas-based businesses in similar
situations. Cf. Robison v, Francis, 713 P.2d 259 (Alaska 1986).
For purposes of this opinion, we sesuse without deciding that the k
opportunity of "nonresident" natural persons to bid on a public
contract in Texas is a privilege fundasental to the promotion of
interstate harmony and that a burden on that privilege is uneonatitu-
ticnal unless there is a substantial reason for it and it bears a
D substantial relationship to the state's objective.
-al1v, 712 P.2d 356 (1iyo. 1986) = Y to is 1 Orman ation o
l4see r tos i pilots v. Andrews, 'T n ewe
~osev v7 cat Texaa statut- moe e11Qso toIt-'e fur°°n
The existence•(or posiibls'~utmla '
states, that discriminate, axlatemes) °demtea is ocher
of pUMU contrssts is sgs ub , Texah►asila bwilaasef io ,hhr award
article 601sr V.T.C,S;~ io7'fhss>atilu,taatotmsat of
free statal: that do., pseet,i,ed,. +s4tit 4418suits~aa hidde:s
buiioiiiii olear~b~aee • ~ w Wit, i~sxT,isis1. '
ofd«ti11{,. ; f, western sad 8owthe~ 'u swtse t-~;,ibs stato'e f
1ti Life-tom Co:.v 9eeta foard
ism
sum. s e narrtcts ft y t e:p. tars
° . ands for 9rfr.4.la
affects only nonresideate. who loon "LA -to cos titut sa pur}esee,
source of ,the evil at which.. the • statute is a eeasitats a ppersons
for whose benefit the other states diaarioiesta and' whoo po l persons
are ta_a position to actively porswade.eho legislatures of'theimotes
in which their principal places of Wei"" are located to desist from
diseriaiaating in their favor asainet Taxas-based businesses.
lie advise that article 6018, V.T.C.1s, is constitutional. lie
have earlier addressed your "principal place of business" question,
Your final request asks us to identify those states currently imposing
similar penalties "on bidders from Taxaa,"
legisWe oustannclin ofto ot embark on an opfa-ended search through the
another state's statute about the offset of wh your eh youehove doubttafter
analysing its you may ask our help in resolving the doubt.
S U-1! M A R Y
Article 6016, V,T.C,B., a retaliatory bidding
statute, is constitutional. Within the scopa of
the statute, "principal plies of business" means
the place where the person, whether natural or
artificial, maintains offices and transacts
business, i,e.s where the person's businau affairs
are conduet`*7
p. 2777
d
y.
h
Honorable Mika Driscoll - Page 7 UM-616)
Vary truly your ,
JIM M A T T 0 X
Attorney General of Texas
a JACK RIGKTOwn
first Assistant Attorney General
MART I=n
Wend" Assistant Attorney General
KICK GIDIN ~
Chairmen, Opinion Corisittee
,
preWol by Ime Toun=b1oo11:e 'r .A 14
ol~ Aeaiatant Attorney General
# . ir. ..A'. .4Crn r■ ...'.,'I It a
tea r.t
r
1 k*Y it
Y y
r r
Cr ~ '
4 r , r
r a p• 2718
.....ter
ik
M
0923L~ C
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, state law and ordinance require that certain
contracts requiring an expenditure or payment by the City in an
amount exceeding $10,000 be by competitive bids, except in the
case of public calamity where it becomes necessary to act at
once to appropriate money to relieve the necessity of, the
F citizens, or to preserve the property of the city, or it is
necessary to protect the public health of the citizens of the
ti city, or in case of unforeseen damage to public property,
machinery or equipment; NOW, THEREFORE,
pM
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
F
Y. SECTION I.
r That the City Council hereby determines that there is a
public calamity that makes it necessary to act at once to
appropriate money to relieve the necessity of the citizens or
to preserve the property of the city, or to protect the public
w health of the citizens of the city, or to provide for unforseen
damage to public property, machinery or equipment, and by reason
thereof, the following emergency purchases of materials,
equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE
k ORDER NUMBER VENDOR AMOUNT
75639 P BtPPl.Y_ ~,5Z1.Z0
1`I
SECTION II.
That because of such emergency, the City Manager or
designated employee is hereby authorized to purchase the
materials, equipment, st,?plies or services as described in the
s'
fyb[4deyr., . . . , . . _ ,a k.c.lv..n. _...:;1Mw....
1
d
,
f
t
x
a attached Purchase Orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in
accordance with the provisions of state law exempting such'
purchases by the City from the requirements of competitive bids,
SECTION III.-
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the 17 day of _&bj"V , 1987.
Y.
PAY ZTEPHENSI MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON,iTEXAS
APPROVED AS TO LEGAL FORM: `
DAMA ADAM1 DRAYOVITCH, CITY ATTORNEY
CITY OF DDNTON, TEXAS
HY:
ate` , i ,
,~nj, sf f
1 1. ~ x,414 i
I r;
1 4
A J7 d.:F -~.1 k.
M ~ v 4
y
PAGE Two
.
i
y
i;
DATE: February 17, 198T
CITY WiNCIL REPORT
s
k' TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrello City Manager
rv SUBJECT: Purchase Order 75639 to Priester Supply
RECQi'EENDATION: We recommend this purchase order number 75639 to Priester Supply
in the amount of 813,521.20 be approved.
:
SUMMARY: This purchase order is for the emergency replacement of an over current
- reclosure destroyed by lightening at the Denton State School and at the eater
treatment plant. An OCR to simular in function to a fuse on breaker. It in a
s., protective devise designed to protect portions of the electrical distribution
system.
Purchase Order 75639 "am DEPART1EATS OR GROUPS AFFECTED: Electric Distribution Department
k,7 fiSC . IMPAC 1986/67 Budget Funds for maintenance of the Electric Distribution
System Account 610-080-0252-9219
.,a.
Ll Ykr Mspectfu y subp~ittld:
. ; Lloyd Harrell
City Manager
s a ~f ,
P red by,
? y N1111f= Tom D, ~Shav
Tltlr: Asst. Purchasing Agent
App"vld:
d ~a
L
L v
N600 John Marshall
c
Purchasing Agent
110t;
F
i
CITy OF DENTON, TEXAS
PURCHASE ORDER DENTON, TX 76101 k
901.A roYAg cTREET
DOCUMENT fYfl
=4UMIE11 DATE1 0/200/860 PRIS2500
SHIP TO:
s VENDOR M ~0~ F.LSUB ECSTAT NETERING AMC)
" gOXESgTv-ft 50T SUPPLY CO* '"CO CONFIR Coru'tRNATION ONLY
4RLTNGTONs TEXAS 76011 00 NOT OUPLICATE
R f 1
DESCRIPTION BID N0. l1NE p,M0UN1
UNITS NUMBER 1i 031. sE
f ITEM ACCOUNT NUMBER
2 KM~OOAlOf, QCA 1.057.6E
O1 510 OEO.02S2`9210 2 KAtSB~RI MOUNTING FRAMES 816.6E
t 02 6i0.0E0.0252 9219 2 KA594A2 MINDLESS ATTACFtMENTS 165.3E
03 610 480 0232 9219 1 t1ETERINA ACCUnACY 400:5 CHANGE
',510.060 0252 9214
j i.
l
4~ 1
a~ S=k
~rf
f
r,
t rr r `
TOTAL FOR P•0• 13.621~2t
p' ~ TM CH If Denton Taxis Is tax exam t. House Bill No. 20.
Referents P.O. Number on all 114,8hipmenis and lnvoicea By
r, Shipments ors F.O.B. City of canton, or is lndiaatod.
Dlreot Inqulrtsa 0:
good Involoes TO., john J. Marshall, C.P.M. Purchasing Agent
City of Denton, Accounts Payable Tom D. Shaw, c ,P.M. Asst. Purchasing Agent
fig E. MaKinmay St., canton, TX 76201. 817/611.8311 D/FW Metro 267.0042
(or as IndiCNsd on Purchas Order)
. The City of Denton Is an aqua opportunity employer
tl
E DATE: 02/17/87
k CITY COUNCIL REPORT FORMAT
TOt Mayor and Members of the City Council
FROMt Lloyd Harrell, City Manager
' SUBJECT: ADOPTION OF ORDINANCE FOR E-1750
b
RECOMMENDATION:
w
The City Council approved this item at its meeting of June 18t 19851
but no ordinance was adopted at that time.
C
SUMMARY:
This was a request for a change in zoning from the agricultural (Al
district to the light industrial (LI) classification on a 954265
acre tract located on the west side of 1-35W approximately 3#500
y feet south of Airport Road (P.M. 1515).
BACRGROUNDt
This property is located in a high intensity area that is designated
as the primary industrial area of the City. Furthermore, the Denton
Economic Fact Book touts this property as a prime industrial mite
* for the City. Light industrial zoning is compatible with theme
` y policies and goals.
'~.{e , PRO(MAMS, DEPARTMENTS. OR _GROUPS_ A_PP_E_C_T_ED:
c
Not applicable.
k°
)`a PISCAL IMPACT:
There is no impact on the General Fund.
Respec ly su mit
t `?t
Lloyd arrell
Prepared byt City Manager
' Denise Sp vey
Urban Plannat
' A 40veof r_ JefP1 nninq `
and Development
1537j/1
,
i
01
r
171SL
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, AS AMENDED, AND
AS SAID MAP APPLIES TO 9S.26S ACRES OF LAND LOCATED ON THE WEST
SIDE OF INTERSTATE 3SW APPROXIMATELY 3,S00 FEET SOUTH OF AIRPORT
ROAD (F.M. ISIS), AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO
PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A"
DISTRICT CLASSIFICATION AND USE DESIGNATION, TO LIGHT INDUSTRIAL
"LI" 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.
WHEREAS, L. A. Nelson has applied for a change in toning fro■
agricultural "A" to light industrial "LI" for 95.265 acres of land
located on the west side of Interstate 3SW approximately 3,500
feet south of Airport Road (F.M. ISIS); and
d r
WHEREAS, on June 12, 1985, the Planning and Zoning Commission
held a public hearing on the application and recommended approval
,r thereof; and,
x
WHEREAS, on June 18, 19850 the City Council held a public
hearing on the application; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the Zoning Classification and Use designation applicable
to all or part of the property described in Exhibit "A" attached
hereto and incorporated
a
reference Y herein,
from Agricultural "A" District Classification and h Use yto hLight
Industrial "LI" District Classification and Use under the
Comprehensive Zoning Ordinance of the City of Denton, Texa3.
' SECTION I1.
p The Zoning Map of the City of Denton, Texas, adopted the 14th
day of January, 1969, as an Appendix to the Code of Ordinances of
the City of Denton, Texas under Ordinance No. 69.1, as amended, is d to
sho Usee~ubfectdto he abovesconditions and specificationsification and
SECTION III.
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
r.
r
i
1 '
things for the character of the district and for its peculiar
ng
valuesuitability the o buildings , arprusosl and with otecting humane liview ves, nand nencouragithe
the most appropriate uses of land for the maximum benefit to the
City of Denton, Texas, and its citizens.
SECTION IV.
Any person who shall violate a ovision of this ordinance, or
fails to comply therewith or with aprny of the requirements thereof,
or of a permit or certificate issued thereunder, shall be guilty
of a misdemeanor punishable by a fine not exceeding One Thousand
Dollars ($1,000.00). Each such person shall be deemed guilty of a
separate offense for each and every day or portion thereof during
which any violation of this ordinance is committed, or continued,
and upon conviction of any such violations such persons shall be
punished within the limits above.
SECTION V.
That this ordinance shall become effective fourteen (14) da s
E from the date of its passage, and the City Secretary is here y
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.
it
A STEPRINSe-MAYOR
CITY OF DENTON, TEXAS
ATTEST.,
fx
JENNIFER WnM9
y" ACTING CITY SECRETARY
CITY OF DENTON, TEXAS
7F° APPROVED AS TO-LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
e,
+4 BY: YnAen
t-1750/PAGE 2
t
k
7
FIE' Ss EDWARDS & AS.SMATE.9, 1,
ENGINEERS AND SURVEYORS
siA%roRD "suo, NAUPIMANN, ►l. KPS. rKESIOW
ONEOORY K OMPOS, ► I . NK)E ►KESIDINr Mr C OPFEN, KPS AR.
DON COK WNSOU SUKYIrORS nips S qNO, KPS
1123 FORT WORTH DRIVE . DENTON, TEXAS 76205 (817) 383.1416 s 387.0421
METRO 4301692
Job 06911
Bob Jones
F I E L D N 0 T E S
All that certain lotp tractp or parcel of land situated in
Denton Countyp Texas in the T.W. Daugherty Surveys Abstract
Number 357 and the O.S. Brewster Surveys Abstract Number 56 and
being more particularly described to followaE
' beginning at the most southerly southwest corner of the O.S.
Brewster Surveys Abstract Number 36 and the most southerly
I' southeast corner of the T.N. Daughterty Survey, Abstract
Number 3571
Thence South 59 degrees 55 minutes Nest with the south line of
said Daughterty Survey a distance of 447.54 festl
Thence North 00 degrees 33 minutes 45 oocoud& last and
• passing
a re-entrant corner of said Daugherty Survey. same being the
most northerly southwest corner of said Brewster Survey at
657.09 feet and continuing a total distance of 1670.95 feet
to a fence corner poet]
Those* North 02 degrees 42 minutes seat with a fence 1322.74
feet to the southwest corner of a 15.0 acre tract
Thence North 89 degrees 49 minutes pest with the south line of
` said 15.0 acre tract a distance of 2028.22 feet to the west
right-of-way of Interstate Highway 35WI
Thence with the west right-of-way of Interstate Highway 35W
the following eleven (11) courses and distancest
1. South 22 degrees 01 minutes 02 seconds West 875.89 feet
2. North 89 degrees 25 minutes 50 seconds West 107.75 feet
3. South 00 degrees 34 ainutes 10 seconds West 178.14 feet
4. South 89 degrees 25 minutes 50 seconds East 7060 fast
5. South 24 degrees 53 minutes 22 seconds West 133.73 feet
to the beginning of a 1.0290curve to the right whose
chord is South 28 degrees 28 minutes 36 saconds West
?rv4 585,.35 fasts and cre length is 585.62 foot to the and
of said curve
6: South 26 degrees 29 minutes 20 seconds Nest 358.22 feat
1. South 30 degrees 46 minutes 40 seconds West 200.56 foot
S. South 26 degrees 29 minutes 20 seconds West 602.2 feet
9. South 65 degrees 36 minutes West 307.0 feet
10. South 57 degrees 10 minutes 30 seconds West 62.0 feet
11. South 00 degrees 32 minutes 40 seconds West 16.0 feet
to the Point of beginning.
s,
;I Ccntaining in all 95.265 acres
4
7.-17Fin/FXNi,HTT A
a
iii,
February 21 1981
i . ~Srv rnuNf SL REPQRLf4BCyAI !
T/ E,
TO MAYOR AND MEMBERS Of THE CITY COuNCIL
FROM'. LLOYD Y- HARRELL, CITY MANAGER
SUBJECTS Naming New Park Area
r ~~u
x"
t it is our recommendation that the name of the new park on Nottingham
and Devonshire Streets be officially names Avondale Park.
N i
suggestion of the Foxworth-
Hoff
P The Park Board has approved this name on the Ggtilbraith Lumber Company who donated the site.
Y.
' BA I__ f C_ON
the b the
r;.r The 16 Plus acres of land were rust The Park Boarddand Councilyare now
Foxworth-Galbraith Lumber Company.
required to name the new park.
G P. F ,
j
Parka and Recreation Department and northeast Denton area.
d maintenance and development will add costs to the Parke
Increase
Division budget.
RESPEC LLY SUB 1 TEDI
2-ta7 f q,
M
LLOY V,
t. CITY FANAGERRELL
WCE D BYI
LLOY
Steve Brinkman
Dire ctor* Parks and Recreation
ti
;1VIEDD I
LE
f
r
e
1442E
' j
I
NO.
„ AN ORDINANCE NAMING A PUBLIC PARK AS AVONDALE PARK; AND
DECLARING AN EFFECTIVE DATE.
b' WHEREAS, Foxworth/Galbraith Lumber Company through the Trust
a' for Public Land has donated to the City of Denton real property
t for park purposes; and
' WHEREAS, the City Council has determined that it would be
proper and fitting to name the park Avondale Park; NOW9
THEREFORE,
` THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S A SECTION I. That the public property acquired for park
purposes ocated adjacent to Nottingham, Emerson, Churchill,
Croydon and Hanover Streets shall now and hereafter be known and
designated as Avondale Park.
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SECTION II. That the Planning and Zoning Commission of the
City of nton, Texas, is hereby authorized and directed to let
that
ppublic park herein named Avondale Park be so designated on
the officiat map of the City of Denton, Texas.
SECTION III. That this ordinance shall become effective
y immediately upon its passage and approval.
a PASSED AND APPROVED this the day of , 1981.
C ) ,
RAY x
kwY E ' MAYOR
CITY OF DENTON, TEXAS
ATTESTI
3ENNIFER E S
ACTING CITY SECRETARY
+ CITY OF DENTON,'TEXAS
APPROVED AS TO LEGAL FORMt
DEBRA ADAM] DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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By
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CITY OF DWION
. DEPAR7tfM OF PARKS AND RECREATION
POLICY FOR NAMING PARK LANDS AND FACILITIES
1. PAOCEDURE FOR NAMING PARK LANDS AND FACILITIES
A. The chairman of the Parks and Recreation Board shall name a
j
committee that will be responsible for recommending a name
e for all park lands and facilities to the Board.
B. The committee shall be responsible for research, study and
recommendation of a proposed name to the Board. Rationale
for the selection of the recommended now shall be given in
writing.
C. The Parks and Recreation Board shall approve or disapprove of
tha name recommended by the committee. 'f
D. If the committee's recommendation is disapproved by the Board,
then the matter may be referred back to the committee for
further action.
s E. Upon.approval, the recommended name will be forwarded to the
City Council for their consideration.
A. II. GUIDELINES FOR NAMING PARK LANDS AND FACILITIES
A. Park lards shall be named within sixty days after acquisition.
S. Park lands and facilities shall be named in the following manners
1. In honor of individuals who donate land for park space;
t. In honor of individuals who sell open space to the City at
a reasonable cost;
t. S. In honor of national and state heroes;
In honor of doceased community leaders;
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S. In relation to predominant characteristics or physical
features (lake, trees, stream, river) of the land;
b. In relation to sub-divisions within the City;
7. In relation to streets adjacent to the park.
pacomendations under 10 2 and 1 should not be publicized
until final action has been taken by the City Council-
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C, Facilities that area part of or lie within the boundaries of
a park shall bear the name oi that park (such as Civic Center
( Swimming Pool or Denia Park Recreation Center).
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CITY of OENTON, UXAS Civic Center / 321 E. McKinney / Donlon, Texas 76201
Y
CITY OF DENTON
I PARKS AND RECREATION BOARD MEETING ,
I
MONDAY, NOVEMBER 24, 1986
5:30 P.M. SENIOR CENTER
a ,
MEMBERS PRESENT: Mike Campbell, Chairman
Gary Kirchoff, Vice Chairman
Willie Hudspeth
Catherine Bell
r;
STAFF PRESENT: Steve Brinkmanr Directory Parks and Recreation
r a Bob Tickner, Superintendent of Parks
Chris Smith,~Administrative Assistant
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GUESTS PRESENT: Richard Cooper
Nancy Owens
Gerald Briggs
Rich Levacka
Don Lawrence
a x Dave Reynolds
Ronnie Roberts
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s ! I. MEETING CALLED TO ORDER
The meeting was called to order by Mike Campbell, Chairman.
II. APPROVAL OF MINUTES FROM LAST MEE
On a motion by Gary Kirchoff, second of Catherine Bell, the
minutes of the meeting of October 271 1986, were approved.
III. OLD BUSINESS
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1. Discussion of Youth Baseball Leaguet
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Denton Pork& and Recreation / Denton, r@X" / (81 f) 800.09 TO
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F Parks and Recreation Board Meeting
1 November 24, 1986
Page - 2 I
I
A citizen group has proposed the formation of a Little
League program in Denton. The group approached the Board
for the purpose of requesting the use of baseball fields
for league practice and games. The league proposes to
begin play in the spring of 1987. The discussion that
followed included organization of the league, philosophy,
age of players, coach and umpire training, screening and
i' selection, rules, fees, insurance coverage, and season
dates.
E Ronnie Roberts discussed the Denton Boys Baseball, Inc.,
a youth baseball league already in existence.
Mike Campbell requested that staff provide the Board with
the following information:
1) The baseball field scheduled for April through June,
a 1987, for existing league practice and games.
sr 2) Projected numbers of participants in the Youth
Baseball League and Girls Softball League.
3) The numbers and sizes of fields available and needed
t by the Boys Baseball, Girls Softball, and the Little
League program.
r 4) Summary of the numbers of new participants to the
Boys Baseball program over the past few years.
`r 5) Season dates for each league, i.e. Boys Baseball,
Little League, and Girls Softball.
k Mike indicated that the Board would make a decision
' concerning Little League use of City fields by the
January 51 1987, meeting after the Board has had an
' opportunity to review detailed information from staff.
Mike also said the Park Board is advisory in nature, and
its decision would be forwarded to the City Council.
2. Discussion of Capital Improvements Program:
Steve summarized the development of the new recreation
centers, expansion of the Senior Canter, and athletic
field development, Bob distributed a CIP athletic field
program scheduled handout, and Steve discussed absentee
voting dates.
3. Discussion of Meeting with Developers:
v
No discussion.
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1 Parks and Recreation Board Meeting
November 24, 1986
Page - 3
IV. NEW BUSINESS
1. Discuss Naming New Park in Northeast Denton:
Steve said that Foxworth-Galbraith, who donated the
41
property for the park, requested the park be named
Avondale Park. Willie Hudspeth moved to accept the name
Rirchoff seconded the motion.
y
Avondale Park. Gar
R11 I Motion passed unanimously. Bob Tickner presented a brief
` discussion of park plans.
' V. OTHER BUSINESS
¢ Due to the holidays, the Board set the date for the next
soh meeting on Monday, January 5, 1987, at 5:30pm at the Senior
i $
center.
VI. ADJOURN
` The meeting was adjourned without a motion.
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1714L
NO,
6 AN ORDINANCE AMENDING ARTICLE II, SECTION 27-33 OF CHAPTER 27
y "WRECKERS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON
RELATING TO FEES CHARGED BY SERVICES; PROVIDING FOR A SEVER-
ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
s THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~y
SECTION I.
That Article II, Section 27-33 (a) of Chapter 27 of the Code
a, of Ordinances of the City of Denton is hereby amended as follows:
„ Section 27.33. Fees charged by services; bills.
s, (a) The following fees are hereby established as the maximum .
z, which may be charged for the indicated service:
M
G° (1) Days, nights, weekends and holiday towing of
automobiles, vans, pick-up trucks, and motorcycles;
forty dollars ($40,00).
(2) Responding to tow request by police department where
no hook-up is made; no charge and that tow service
will be returned to first place on the list.
= (3) Use of dolly in towing wrecked motor vehicles;
$20.00 plus towing charge,
~7x (4).Tow involving extraordinary labor and expenses; the
above maximum amount may be exceeded if unusual and
extraordinary circumstances occur at the scene of an
emergency,
,a
SECT„ N
tr That if an section, subsection, paragraph, sentence, clause,
phrase or wordy in this ordinances or application thereof to any
person or circumstance is held invalid by any court of competent
~utisdiction, such hoidin shall not affect the validity of,the
remaining portions of th s ordinance and the City Council of
401
the City of Denton, Texas, hereby dec{ares it would have enacted
such remaining portions despite any such invalidity,
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;rs SECTION III,
' 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
4 the date of its passage.
PASSED AND APPROVED this the day of , 1987.
RAY STEPHIRS, MAYOR
ITY OF DENTON, TEXAS
C
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ATTEST s
JENNIFER WALURS,
J ACTING CITY SECRETARY '
f" CITY OF DENTON, TEXAS
r APPROVED AS TO LEGAL FORM:
A DEBRAkDAMI.DRAYOVITCHo CITY ATTORNEY .
r: CITY OF DENTON, TEXAS
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1725L i
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AN ORDINANCE AMENDING THE 1986-87 BUDGET OF THE CITY BY APPRO-
PRIATING THE SUM OF $16„241 TO PAY FOR LEGAL SERVICES RENDERED BY
V FULBRIGHT 5 JAWORSKI; AUTHORIZING PAYMENT FOR SAID LEGAL SERVICES;
Ft AND DECLARING AND EFFECTIVE DATE.
; WHEREAS, Section 8.08 of the City Charter provides that emer-
gency exienditures to meet unusual and unforseen conditions may be
authorized by an affirmative vote of five of the members of the
City Council as an amendment to the original budget; and
# e;
WHEREAS, the City having received legal services from Fulbright
.i 4 Jaworski relative to the transfer of Flow Memorial Hospital; NOW,
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the 1986-87 Budget of the City of Denton,
Texas is hereby amended by transferring the sum of $16,141 from
sw Account No. 100-041.020M-8923 to Account No. 100-010-0004-8501.
SECTION II. That the Council hereby authorizes payment to
FulbrigW aworski for legal services rendered in the amount of
$41,$41.56, from Account No. 100-010-0004-8502.
SECTION III. That, pursuant to the provisions of Section 8.08
of the city charter, the City Secretary is hereby directed to
publish the caption of this ordinance in the City's official
newspaper.
SECTION IV. That this ordinance shall become effective
1~ imme ate y upon its passage and approval.
PASSED AND APPROVED this the day of , 1987.
RA
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WMERS
ACTING CITY SECRETARY
CITY OF DENTON, TEXAS
"r V
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: 7 Vj
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OFFICE OF THE CITY ATTORNEY
MEMORANDUM
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T0: Honorable Mayor 8 Members of the City Council
FROM: Debra A. Drayovitch, City Attorney
SUBJECT; Attached Ordinance Amending the Budget to Pay for
G - Legal Fees Rendered by Fulbright 6 Jaworski
DATE: February 13, 1987
Fulbright 4 Jaworski, the City's counsel in the Flow Hospital
transfer, has submitted a bill for services rendered in
connection with the transfer. Attached is the bill for services
„ rendered in the amount of $50,934.06, of which $9,692.50 has
bean paid. Pursuant to Council's direction, we encumbered the
sum of $25,000 from the 1985-86 Budget to cover these expenses.
That sum would have been sufficient had the sale agreement been
acceptable to the Attorney General. However, the change of the
transaction from a sale to a lease, subsequent renegotiations
` and redrafting resulted in additional legal fees not anticipated.
` r For this reason, 1 would respectfully recommend approval of the
a attached ordinance which amends the budget to appropriate the
additional $16,241, necessary to make payment and authorises
payment to Fulbright 8 Jaworski.
Should you have any questions, please advise.
i
rrvl Respectfully submitted,
DAD:Ss {
Attachment
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Invoice Number: 8723258 k
A/R File Number: 861456 II
January 29, 1987
s,.. Ms. Debra Drayovitch, City Attorney
Denton County-City of Denton Hospital Board
215 E. McKinney
Denton, Texas 76201
.
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To FULBRIGHT 6 JAWORSKI
t= DUMAS, HUGUENIN, BOOTHMAN 6 MORROW
y,M, 2001 Bryan Tower, Suite 1400
xF Dallas, Texas 75201
Tax Identification No.
T Requesting Attorney: Elbert M. Morrow 74-1201087
mmaaamaamaaaaamaaaammararrrlrarsisasmmmmimsmsassmmmmmmmmassrsrmammmammrr■
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FOR PROFESSIONAL SERVICES RENDERED
from March 21, 1986 through December 310 1986 as follows:
TOTAL FEES $49,213.75
^'.p 7 TOTAL DISBURSEMENTS 1,720.31
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TOTAL FEES AND DISBURSEMENTS $50,934.06 r'
far' LESS: Advances applied for services rendered. c9,692,501
TOTAL AMOUNT DUE A1,241.56
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' PLEASE RETURN WITH REMITTANCE
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DATE: February 17, 1987
1
CITY COUNCIL AGENDA ITEM W y
E
' TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJECT: CONSIDER CONTRACT FOR ENGINEERING SERVICES FOR A
FEASIBILITY STUDY OF COGENERATION FACILITIES AT NORTH
TEXAS STATE UNIVERSITY.
y' RECOMMENDATION:
The Public Utilities Board, at their meeting of December
a 16, 1987, recommended approval of the Contract for Engine-
ering Services for a Feasibility Study of Cogeneration
Facilities at North Texas State University.
Rw~ "
SUMMARY
Per review with the Public Utilities Board at the November
260 1986, meeting regarding possible cogeneration
facilities at NTSU, the Staff has determined the Para-
meters of a study to be included in the contract with the
engineering firm of Lutz, Daily and Brain of Overland
a Park, Kansas. This study will investigate the feasibility
of the City of Denton installing or participating with
NTSU in a cogeneration facility at NTSU. This facility
• would include small gas turbine generators with a heat
recovery boiler for steam heating and an absorption
cooling unit for air conditioning.
BACKGROUND
NTSU has indicated that they plan to pursue cogeneration
opportunities and have also been in discussions with
private party cogenerating firms. If NTSU installs
cogeneration facilities, they have indicated a savings of
$800,000 to $100,000 per year due to better efficiencies
in heating and air conditioning, plus some profits from
n' sale of electricity. Denton would experience net revenue
losses between 8001000 to $31000,000 per year depending
upon whether the electricity is sold off system or used on
their campus.
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FISCAL IMPACT:
Lost revenues would have to be made up with increased
rates to the remainder of Uenton's customers which could
R: represent increases of 1.5% to 6%. Some of these lost
revenues could possibly be offset if the City installed
and operated tho cogeneration facility. Also, the
generation facility could help Denton meet electrical load !
' requirements in the mid 1990'x.
Respec lly submitted:
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E. Nelson
a,. Director of Utilities
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n'r R. E. A son
Director Utilities
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Attachment 1: Ordiance
2: Contract with Lutz, Daily 6 Brain
3: Minutes PUB, December 16, 1986
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17Z4L
NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND LUTZ, DAILY $ BRAIN III, FOR ENGINEERING SERVICES; APPROVING
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
` DATE 4
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
+F SECTION I. That the City Council hereby approves and auth-
oritess the -mayor and City Secretary to execute and attest,
respectively, the agreement between the City of Denton, and Lutz,
Daily 6 Brain III, providing for engineering services relating to
the installation of cogeneration facilities at North Texas State
" University under the terms and conditions being contained in said
agreement which is attached hereto and made a part hereof.
SECTION 11. That the City Council authorizes the expenditure
of funs in e manner and amount as specified in the Agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1987.
RAY E N , MAYOR
CITY OF DENTON, TEXAS
ATTEST:
F ;
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ACTING CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMi
3 DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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FEBii191
pUPl.1CATE
LUTZ, DAILY & BRAIN OONGULTING smaINeere
® CLOVERLRA/ O iLDO.. 1000 OL101WOOD. OVERLAND .KANSAS
T/La►NONt►I3 11111'"62 11111'"62 TW71 ► MAILING ADDR1811
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P.O. lax S'If S
fNAWN11 MIffIOW ]1
NAN1Af 6/701
February 10, 1981
Robert S. Belson
. Director of Utilities
Municipal Bldg.
215 E. McKinney
Denton, Tx. 76201
4
Rai contract for cogeneration Feasibility Study
r~
Dear Mobs
D r
We have enclosed one copq of the subject contract that has been signed
by the partners, Jack F. Daily and Fred J. Lutx. We request that you
send us an or[ginal copy oY the contract signed by the Mayor for our
files. Rosati. Daily and Lute can then execute their signatures on
the contract you return to ue.
sl•'
Vary truly gouts,
LUTZ, DAILY i SPAIN
Thosae V. Fennesy, Pil.
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1724L ;
THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND LUTZ, DAILY F,
COUNTY OF DENTON I BRAIN III FOR ENGINEERING SERVICES
is This Contract, made and executed in duplicate this of
, 1967, by and between the Cityy of Denton; Te-xas,
a municipal corporation, hereinafter called the City, and LUTZ,
DAILY 4 BRAIN 111, Consulting Engineers, a general partnership of
' Shawnee Mission, Kansas, P. 0, Box 718, hereinafter called the
Engineer.
r
WHEREAS; North Texas State University, which is located in
Fr': the City of Denton, is investigating the installation of
r cogeneration facilities to furnish the campus heating and air
conditioning requirements and generate electrical power for
r campus loads or for outside sales, and
WHEREAS; The City of Denton now serves the electrical require-
ments of the University campus and would be impacted by the loss
of the sales if the University generated their own electrical
requirements as the City would be required to furnish back-up to
the cogeneration plant. The City would also be impacted if the
x University arranged for the sale of the electrical power wheeled
through the City's electric system; and
WHEREAS; Contingent upon certain legal constraints, including
provisions of existing contracts, it appears desirable and
economically beneficial to the City to consider installing and
operating the cogeneration plant to furnish the heating and air
conditioning and the electrical requirements for the University;
i~.
WHEREAS; The City has selected Lutz Daily a Brain (Engineer)
to prepare a feasibility study for tine projected cogeneration
facility and to estimate the delivered cost and revenue that
would be associated with the cogeneration plant and supporting
facilities; and
t WHEREAS; The City desires to enter into Contract for Profes-
sional Engineering services as required for the purposes above
stated, and the Engineer hereby offers Professional Engineering
Services as required for the work above;
WITNESSETH:
That in consideration of the mutual covenants herein con-
tained, the City agrees to employ the Engineer to perform the
types of services herein after mentioned and agrees to pay them
for the services rendered according to the schedule of fees
herein contained.
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SECTION I.
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y, The services which the Engineer hereby agrees to perform are
` as follows;
A. Cogeneration Feasibility Study at North Texas State
University
" 1, Task Description
a. Determine and evaluate the existing and projected
~e heating and cooling loads and the load duration
curve for each parameter. Determination will be
based on load data provided by North Texas State
University and previous studies.
,x b, Determine the electrical base load and the projected
load for the NTSU campus and evaluate the impact that
the replacement of the existing air conditioning
ka chiller equipment with more efficient equipment will
n have on the load and load duration curve.
c, Determine the present and projected future gas
requirements for the heating and cooling of the
University Campus.
k„ d, Determine and evaluate local, state and federal
permit needs, plan the permitting function and
evaluate the likelihood of receiving the necessar ;
permits for the cogeneratiog facility. y
e. Determine the appropriate types of cogeneration
systems and evaluate the hot water chilled water
distribution system on the campus and prepare
estimates of construction cost,
r,
f. Evaluate various ownership and operations arrange-
ments for the cogeneration plant and the hot and
chilled water distribution systems.
g, Perform an economic analysis of cogeneration plant,
+ ,R the hot and chilled water distribution system and
k.( the electrical supply system. These analyses would
be made by developing a financial model and simula-
ting the operating results and cash flows for an
appropriate period into the future,
model would be able to test the sensitivity The financial
1, 01' ° various financial ratios to such parameters asfuel
quantities, escalation rates, interest rates,
financing alternatives and ownership alternatives.
PAGE 2
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It would provide the base to determine the benefit M
of the cogeneration facility to the City and the
` University.
5 h, Prepare a final report that would be presented to
the City with the Engineer's recommendations on how
the City should proceed with its participation in a
cogeneration program at North Texas State University.
8. Other Engineering Services
During the term of this agreement, the Engineer shall
perform such other Engineering Services as the City of
Denton may request in writing regarding the utilities
system and any modification shall be reduced to writing
and made an addendum to this contract.
i SECTION 11.
The City agrees:
A. To pay the Engineer for engineering work performed under
a_ Section I-A a sum not to exceed $29,000.00 based on hourly
rates and expenses as hereinafter stipulated.
4 1. The Engineer will charge the City at the following
11, hourly rates for personnel assigned and working on the
xo Project
Partners $42.41 per hour
.j Principal Engineers 28.85 per our
Senior Design Engineers 22.67 per hour
Design Engineers 19.26 per hour
"v a3 Engineering Technicians 15.89 per hour
Senior Draftmen 15.33 per hour
car`' Draftmen 14.31 per hour
Stenos/word Processing 11.10 per hour
Clerks 9.56 per hour
plus 54 percent of the hourly rate for direct payroll
overhead, plus 94 percent of the hourly rate for
general and administrative overhead and profit, plus
printing cost of plans and other expenses at actual
cost, plus personal automobile expense at 22 cents per
mile.
Pt
B. It is understood 'hat the rates for personnel and mileage
in section II-A a.e those effective as of January 1, 1987,
and that subsequent modification may be necessary. The
City agrees to review with the Engineer the above rates
R t. .
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for personnel upon initiation of services and at yearly p
intervals on January 1 thereafter, to compare the index of 3
7" cost of living and other appropriate referenced profes-
sional level surveys of cost levels. It is intended that
the above rates be modified as reflected in the above
referenced indices and surveys. This must be mutually
agreeable to both parties and any modification shall be
reduced to writing and made an addendum to this contract,
C. Payments to the Engineer as defined by the method of com-
pensation in this Section shall be made by the City within
30 days after receipt by the City of invoices from the
Engineer, provided that the invoices are detailed and
accurate. This provision will not hold for invoices in
question that are improperly prepared.
SECTION III.
1. It is further agreed that:
A. The work herein will not include rest borings, property
line surveys, material tests, or asbestos survey and
removal in areas which would affect construction. These
services shall be contracted for by the City.
B. When the work involves construction of facilities, the
Engineer ;hall make periodic visits to the site at inter-
vals appropriate to the stage of construction to observe
the progress and quality of the executed work and to deter-
mine in general if the work is proceeding in accordance
with the contract documents; he will not be required to
make exhaustive or continuous on-site inspections to check
the quality or quantity of the work; he will not be respon-
sible for and will not have control or charge of construc-
tion means, methods, techniques, sequences, or procedures,
! or the safety precautions and programs in connection with
f the wosk; he will endeavor to guard the City against
j defects and deficiencies in the work of the contractor, but
rt, he will not be responsible for the contractor's failure to
'F carry out the work in accordance with the contract docu-
ments; and during such visits and on the basis of his
on-site observations as an experienced and qualified
design professional, he will keep the Owner informed of
'p the progress of the work,
C. The Engineer will not be responsible for nor have control
or charge over the acts or omissions of any contractor,
any subcontractor or any of the contractor's or subcon-
tractor's agents or employees or any other person (except
his own employees and agents) at the Project site or
otherwise performing any work of the Project.
r. PAGE 4 #
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D. Because the Engineer has no control over the cost of
labor, materials or equipment, or over the contractor's
differing methods of determining bid prices, or over
competitive bidding or market conditions or other factors,
the estimates of construction cost provided for herein are
for informational purposes, are not guarantees and bids or
construction costs may exceed such estimates.
' E. The Engineer will cooperate with the Owner in furnishing
necessary engineering information to the Owner so that the
Owner can submit all necessary applications to secure the
" roper permits required, in the work which has previously
been described.
F. The Engineer will make an initial interpretation of the
terms and conditions of the contract docurients and he will
, be the impartial judge of the performance of the Owner and
the contractors thereunder.
f
G. Neither the Engineer's authority to act under these pro- i;
visions not any decision made by his in good faith either
to exercise or not exercise such authority shall give rise
to any duty or responsibility of the Engineer to contrac-
tor, any subcontractor, supplier or manufacturer, any of
their agents or employees, or any other person performing
any of the work.
r.
H. The duties, responsibilities and the limitation of the
authority of the Engineer as the Owner's consultant shall
not be modified or extended without written consent of the
Owner and the Engineer.
1. Engineer shall and does hereby agree to indemnify and hold
a harmless the City from any and all damages, loss or lia-
bility of any kind whatsoever occasioned by any error,
omission or negligent act of Engineer, its officers,
;Wz agents employees, invitees and other persons for whom it
is legally liable, with regard to the performance of this
agreement, and Engineer will, at its cost and expense,
defend and protect the City of Denton against any and all
such claims and demands.
t:
J. The Engineer will not discriminate against any employee or
„ applicant for employment because of race, color, religion,
sex, age, disability or national origin. The Engineer will
take affirmative action so that applicants are employed,
and that employees are treated during employment without
regard to their race, color, religion, sex, age disability
a, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
PAGE 5
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,i. or transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensa-
tion, and selection for training, including apprenticeship.
The Engineer will post in conspicuous places, available to
employees and applicants for employment, notices setting
` forth the provisions of this nondiscrimination clause.
r X. In the event that the City desires additional work, the
- Engineer shall give the Owner an estimate of the cost of
a:. services requested before performing the services. The
' Engineer shall not exceed this estimated cost for these
services by more that 1S percent until the Owner has
reviewed the work thus far completed and authorized the
charge for additional work. In the event the Owner does
not grant such authorization, the Engineer shall not be
obligated to perform further services.
L. The Engineer shall perform Designated Services as
expeditiously as is consistent with professional skill and
care and the orderly progress of the work. Engineer shall
exercise the same degree of care, skill, and diligence in
the performance of the services as is ordinarily provided
` by a professional engineer under similar circumstances.
The Engineer shall submit for the City's approval a time
schedule for the performance of the Engineer's services
x which shall be adjusted as required as the Project pro-
ceeds and shall include allowances for periods of time
required for the City's review and approval of submissions
and for approval of authorities having jurisdiction over
the Project. This time schedule, when approved by the
City, shall be adhered to by the Engineer, except for
delays not caused by the Engineer.
M. The Agreement may be terminated by the City at any date or
time, upon written notice of 60 days given by the owner
and delivered to the Engineer, by U.S. Registered Mail,
with return receipt and postage prepaid, addressed to the
Engineer at their principal place of business, 6400
i., Glenwood, Overland Park, Kansas 66201, of the Cit,vts
intention to so terminate the services of such Engineer;
and upon payment to the Engineer of any sums due for
' services authorized and performed by them, as set forth
above in this contract up to and including the date of
written notice of termination.
N. Further, the within Agreement may be terminated by the
Engineer at any date or time upon prior written notice of
60 days to the Owner, by U.S. Registered Mail, return
receipt and postage prepaid, delivered to the Owner at its
administrative office, presently located at the Municipal
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s Building, 215 E. McKinney, Denton, Texas 76201. The City
s, agrees to pay promptly to Engineer upon receipt of such
written notice of termination the Engineer any and all
sums due to the Engineer for .,,vices, expenses and other
costs incurred by the Engineer as hereinabove provided for
in this Agreement.
IN WITNESS WHEREOF, the Parties have hereunto set their hands
and seal; on the date first above written.
CITY OF DENTON, TEXAS
~z. BY:
gAyop,
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ATTEST:
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JENNIFER WALTERS
ACTING CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
Mrs .i CITY OF DENTON, TEXAS
Ll/Q. L
BY: rLUTZ, DAILY & BRAIN, III,
CONSULTING ENGINEERS
BY:
PARTNER
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k PUB Meeting of December 16, 1986
12. CONSIDER CONTRACT FOR ENGINEERING SERVICES FOR FEASIBILITY
STUDY OF COGENERATION FACILITIES AT NORTH TEXAS STATE.
` Nelson explained that the staff has negotiated on the
's proposed contract with the firm of Lutz,. Daily & Brain.
This study will investigate the feasibility of the City of
Denton installing of participating with NTSU in a co-
generation facility at NTSU. This facility would include
small gas turbine generators with a heat recovery boiler
for steam heating and an absorption cooling unit for air
conditioning.
According to Nelson, Denton will experience revenue losses
of between $800,000 and $3,000,000 per year depending upon
whether the electricity is sold off system or used on their
S. campus. These lost revenues would have to be made up with
increased rates to the remainder of Denton's customers
` which could represent increases of 1.51 to 61. Some of
these lost revenues could be offset if the City installed
and operated the cogeneration facility. Also, the gener-
ation facility could help Denton meet electrical load
requirements in the early 1990'x.
Frady moved to approve the proposed contract for engineering
services with Che firm of Lutz, Daily & Brain. Thompson
second. All ayes, no nays, motion carried unanimously.
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1003L
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ii RESOLUTION NO.
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF MARCH 3,
1987; AND PROVIDING FOR AN EFFECTIVE. DATE.
WHEREAS, the regular Council meeting of the City of Denton
scheduled for March 3, 1987 is hereby postponed; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the regular Council meeting to be held on March 3, 1987
be postponed until March 10, 1987,
a PASSED AND APPROVED this the day of
19b7,
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R AY STbFHENSI MAYOR-
CITY OF DENTON, TEXAS
a
ATTEST:
v"
ACTING CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
s
R h •13 3':_:«gi~P..r(.,n .i..a aY lrfyf~~
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y$y{yW }tom
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i DATE: February 17, 1987 V► {
CITY COUNCIL REPORT FORMAT
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TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RESOLUTION APPROVING INVESTMENT POLICY
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En SUMMARY: Staff has provided the attached investment policy for Council
approval. The policy is designed to satisfy the statutory
requirement to define and adopt a formal investment policy.
j BACKGROUND: The proposed policy was reviewed by Council during the
` February 3 work session and staff is now recommending that
Council approve the attached policy.
any .
FISCAL IMPACT: This policy shall have a positive impact on our resources by
increasing the supervision requirements of our portfolio.
There is no cost associated with its implementation.
Respectful submitted:
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City ger
$x Prop ar by:
'iy Am Forsythe
" Senior Secretary
~xApproved:
.s
ohn F. cane
Director of Finance
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a Attachment
- 1429F
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17,261,
' RESOLUTION N0.
o" A RESOLUTION ADOPTING
THE CITY OF DENTON, AND DECLARlNGEAN EFFECTIVE DATE CERTAIN FUNDS FOR
WHEREAS, the Director of the Department of Finance
& City of Denton has presented p P for the
investment of
main certain City the ro osed
policy regarding
maintain a minimum of cash available e the
` Policy's purpose is to
S, City and to provide protection for to meet daily needs of the
receiving the hi hest
excess cash; g Yield the City+s principal while
ex possible
r` and for investing temporary
WftEREAS, the City Council
an desires to adopt such a olic
official policy regarding investment of certain funds Y as
of the
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Kr 1 made SaCTION I' The folloxin
the CitypoftDentonf) is hereby adopted' astancofflcialtpolicyaof
, Texas,
Investment Policy (Reference No, 408.04).
13 SECTION II.
The foregoing policy is attached hereto and made
n part ereo and shall be filed in the official records of the
City of Denton with the City Secretary,
'~r 5 SECTION
imme III' That this resolution shall become effective
ate y upon its passage and approval.
PASSED AND APPROVED this the
day of '
1987.
ds~ ° r A -
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CITY~~TON,3~•TEXAS
ATTEST:
4
CITY OF DENTON, hXAS
4
APPROVED AS TO LEGAL. FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY. z;l.. K
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INVESTMENT POLICY NO. 408.04
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1. Purpose
This policy shall provide the guidelines by which the
City of Denton will maintain the minimum amount of cash
in its bank accounts to meet daily needs, and to provide
protection for its principal while receiving the highest
' yield possible from investing all temporary excess cash.
It also satisfies a statutory requirement to define and
adopt a formal investment policy.
II. Scope
A. This investment policy applies to the investment
activities of the City of Denton, excluding the
specific funds cited hereafter.
B. This policy shall not govern funds which are managed
't under separate investment programs. Such funds
currently include; Employees' Retirement Fund of the
City of Denton; the Firemen's and Policemen's Pension
Funds of the City of Denton; other funds established
by the City for deferred employee compensation;
revenue bond reserve funds; and certain private
donations. The City shall and will maintain
responsibility for these funds to the extent required
by: Federal and State Law; the City Charter; and
donor stipulations.
C. The following funds, as well as other funds that may
«3F be created from time to time, shall be administered in
accordance with the provisions of this policy: Cash
equivalent assets of - the General Fund, Community
Development Block Grant Fund, Recreation Fund, Crime
w Prevention Fund, Airport Grant Fund, Airport Master
p Plan Fund, Street Bond Fund 1985, Northeast Park Fund,
tiK Revenue Sharing Fund, Emily Fowler Library Fund, Debt
Service Fund, Street Improvement Fund, General Project
Fund, Electric Fund, Electric Bond Fund, Water 6 Sewer
Fund, Water Bond Fund, Sanitation Fund, Landfill
Construction Fund, Working Capital Fund, Defensive
Driving Fund, Self-Insurance Fund, Employee Health
Fund, and any other fund of the City not specifically
'r excluded in these policy guidelines.
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t III. Objective
' A. There are three (3) objectives this Investment Policy
will address. The primary objective of the City's
investment activity is the preservation of capital in
the overall portfolio. Each investment transaction
shall seek to first ensure that capital losses are
avoided, whether they be from securities defaults or
' erosion of market value. The second objective shall
be liquidity and the final objective shall be the
yield of the investment.
B. To prevent the possibility of loss of resources,
funds shall not be exposed to market price risk,
E' default risk or be invested in a manner which is
i' contrary to applicable :ederal and state regulations.
C. To enable the City to meet operating requirements that
a. might be reasonably anticipated, the City's investment
. portfolio will remain sufficiently liquid. Liquidity
' shall be achieved by matching investment maturities
with forecasted cash flow requirements and by Invest-
ing in securities with active secondary markets.
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D. It shall be the City's goal, in the area of yield, to
' establish and maintain a portfolio which regularly
exceeds the average rate of return on three (3)
months U.S. Treasury Bills, or the average Federal
Reserve Discount rate, whichever is higher, The
first measure of success in this area will be the
attainment of enough income to offset inflationary
increases. Even though steps will be taken to obtain
this goal, the City's staff shall constantly be
cognizant of risk limitations.
E. All participants in the investment process shall seek
to act responsibly as stewards of public assets. The
° Treasurer shall avoid any transactions that might
impair public confidence in the City's ability to
goveened effectively. The governing body recognizes
that in diversifying the portfolio, occasional
measured losses due to market volatility are
inevitable, and must be considered within the context
of the overall portfolio's investment return, provided
that adequate diversification has been implemented.
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IV. Investment Committee
There is hereby created an investment committee consisting
of the City Manager, Director of Finance, Treasurer, and
one member of the City Council. The investment committee
' shall meet at least quarterly to determine general
strategies and to monitor results. Included in its
deliberations will be such topics as: economic outlook,
portfolio diversification, maturity structure, potential
risk to the City's funds, authorize brokers and dealers,
and the target rate of return on the investment port-
folio. The committee shall establish its own rules of
procedures.
Y. Responsibility
A. The management responsibility for the investment
program is hereby delegated to the Director of
Finance, who shall establish written procedures for
the operation of the investment program, consistent
p with this investment policy, such procedures shall
include explicit delegation of authority to the
` individual(s) responsible for investment transactions.
The primary individual who shall be involved in
investment activities will be the Treasurer. No
;persons may engage in investment transaction except as
provided under the terms of this policy and the
procedures established by the Director of Finance.
t The Director of Finance shall be responsible for all
~tl transactions undertaken, and shall establish a system
of control to regulate the activities of the Treasurer.
B. The Director of Finance shall submit quarterly an
investment report, to the investment committee, that
summarizes recent market conditions, economic deve-
lopments and anticipated investment conditions. The
report shall summarize the Investment strategies
employed in the most recent quarter, describe the
portfolio in terms of investment securities,
maturities, risk characteristics and other features.
?r The report shall explain the quarter's total invest-
s t ment return and compare the return with budgetary
expectations or projections.
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C. Within sixty (60) days of the end of the Fiscal Year,
the Director of Finance shall present a comprehensive
annual report to the City Council on the investment
program and investment activity. The annual report
shall provide a separate quarterly comparison of
returns and suggestions for improvements that might be
made in the investment program.
FS, D. In the evcat of the absent- of the Treasurer, the
E` authority to invest in maturities beyond six (6)
months shall be regulated by the controls and
r procedures outlined by the Director of Finance.
t'.
VI. Investment
r' A. Idle funds of the City of Denton may be invested in:
Y, o U.S. Treasury securities maturing in less than
three (3) years;
S Government
o Short h~rb are guaranteed byethe.full faith and
j agencies which 8
credit of the United States of America as to
principal and interest;
o Fully insured or collateralized certificates of
deposits at commercial banks;
o Repurchase agreements collateralized by U.S.
Treasury Securities;
o Other such securities or obligations approved by
the investment committee.
B. Except for debt service funds, special assessment
funds, bond proceeds and reserve funds, assets of the
City of Denton shall be invested in instruments whose
a.a'. maturities do not exceed two (2) years, at the time of
purchase. The General Fund and other operating funds
maturities shall not exceed one (1) year, unless a
temporary extension of maturities is approved by the
investment committee. Idle funds held in special
assessment funds, bond proceeds and other reserve
funds may be invested in maturities exceeding two (2)
years with special approval of the investment 1
committee. Idle funds held in the Debt Service Fund
may be invested in maturities not exceeding thirteen
(i3) months.
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C. It is the policy of the City of Denton to diversify
its investment portfolios. The diversification will
protect interest income from the volatility of in-entr terest rates and the avoidance of undue O thereforet,
of assets in a specific aa
b staggered, Securities
portfolio maturities shall be
shall also be selected which provide for stability of
income and reasonable liquidity. Diversifrevised
determi and
strategies shall thee investmented committee. In
periodically by iies, the
establishing specific diversification and rates traints
policies cons
two (t) following general
shall apply: shall be con,
(l) tr lld tmarket hrough price maturity volatility divesification such
that aggregate price losses on instruments with
maturities exceeding one (1) year shall not be
greater than coupon interest and investment
income received from the balance of the portfolio.
(2) The investment guidelines tfor the shalplerceesnttageabli of
strategies and 6uidel be invested in
ry the total portfolio that may
securities other than 1eins+ied/collateralized
a. treasury bills,
certificates of deposit. The investment committee
shall conduct a quarterly review of these guide-
i lines, and shall evaluate the probability of
' market and default risk in various investment
sectors as part of its considerations.
Y1I. Selection of Banks and Dealers ~rselett and
j by ordinance,
~r A. City Council shall,
designate a banking Institution located
co itrwithi the for t
corporate city limits the The bank shall be
monies and funds of the City. l and
selected primarily on "solvency and stability
secondly, on rate of interest available.
B. The Treasurer shall conduct a comprehensive review of
,y prospective depositories credit characteristics and
financial history.
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C. The bank shall be selected through a formalized
bidding process in response to the City's request for
proposal (RFP) outlining all services required. The
investment committee shall have the discretion to
determine the time span for rebidding the banking
services contract; however, a two year period will be
the maximum length of time between rebidding.
D. Banks and savings and loans associations seeking to
establish eligibility for the City's competitive
certificate of deposit purchase program, shall submit
financial statements, evidence of Federal insurance
ano'. crLar information as required by the Director of
Finance.
E. The investment committee shall be responsible for
selecting brokers and dealers of government
securities. Their selection shall be among only
primary government securities dealers that report
directly to the New York Federal Reserve Bank. In
the dealing with City funds, the Treasurer shall not
conduct business with any securities dealers with
whom or through whom public entities have sustained
losses on investments. To guard against default
possibilities under these conditions, and to assure
fr diversification of bidders, business with any one
issuer, or investment broker, should be limited to
twenty-five (M) per cent of the total portfolio at
any point in time. In this way, bankruptcy,
receivership or legal action would not immobilize the
y City's ability to meet payroll or other expenses.
r VIII. Principal Protection and Safekeeping
;j A. All deposits and investments of City funds other than
direct purchases of U.S. Treasury or U.S. Agency
notes shall be secured by pledged collateral with a
` market value equal to no less than 100 percent of the
deposits or investments less an amount insured by
FDIC or FSLIC. Evidence of pledged collateral shall
be maintained by the Treasurer or a third party
financial institution. Repurchase agreements shall
3x be documented by a specific agreement noting the
collateral pledged in each agreement. Collateral
will be reviewed monthly to assure the market value
of the securities` pledged equal or exceeds the
related bank balances. The Committee shall request
additional collateral in the event they dean that
their deposits and investments are not sufficiently
1 i x protected by the pledged collateral.
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B. Safekeeping procedures shall be established by the
Investment committee which clearly define steps for I,
gaining access to the collateral should the City
j~ determine that the City's funds are in jeopardy.
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,r C. Treasury Bonds, Notes 4 Bills and Government Agencies j
securities shall be purchased using the delivery vs.
payment procedure. The securities shall be delivered
to the City's depository bank and held by the j
depository bank (also referred to as the "holding j
bank") on behalf of the City. Safekeeping receipts 1
shall be delivered to the City. The bank records
will be reviewed monthly to assure the notation of
the City's ownership of such securities.
D. Only securities allowed by Section C, Articles
2559-2599A of the Texas Revised Statutes shall' be
eligible to be pledged as collateral.
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"j 2149F
January 29, 1987
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