HomeMy WebLinkAbout05-05-1987
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CITY OF DEN'TON CITY COUNCIL
May 5 , 1987
Work Session of t h e City of Denton City Council on Tuesday.
May 5, 19870 at 5:30 p.m. In the Civil Defense Room of the
Municipal Building at which the following hems will he ;
considered:
(Note: Any item listed on the agenda for the Work Session may
also be considered as part of the agenda for the Pegular
i, Meeting.)
t 530 p.m.
J 1. Receive a report from Teresa Waller of the Central
Business District regarding chr "Main Street" project. f
f 2. Receive an overview of the I-35 north -nnixation
prociss.
% 3. Receive a report from the Capital Recovery Fee
Committee - Tom Hbrpool and Camp, Dresser 6 McKee.
4. Executive Session:
G a,, r A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Seca 2(f), Art, 6252.17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(gi
Art 6152-17 V.A.T.S.
regular Meeting of the City of Denton City Council on Tuesday,
May 5, 1987, at 7:00 p.m. In the Council Chambers of the
' Municipal luilding at which the following items will be
considered:
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7:00 p.m. 1
Consider approval of the minutes of the regular
meeting of April 9, 1987 and the regular meeting of
s ~
' April 11, 1987.
:r 2. Public Hearings
A, Hold a public hear!ng concerning proposed
r fa annexation of approximately 69.1694 acres being ;
part of the S, Venter Survey, Abstract No. 1315;
C. Chacon Survey, Abstract No. 298; J. Baker
Survey, Abstract No. 47; J. Dickson Survey,
Abstract No. $41; and the A. Cannon Survey, 'r
Abstract No. 232, and located adjacent and south
of FM 1181 and east of Old Alton Food. (A-48)
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City of Denton. City Council Agenda
Pay S 1987
Page I
1
B. Consider approval of a petition of John A. ►'immey I
requestln historic landmark (H) designation at 1
923 Wcst Hickory Street. The property is further
described as an 11,880 square foot tract in the
E. Puchalski Survey, Abstract 996. (The Historic k !
Landmark Commission and the Planning and Zoning fi
Commission recommend approval.) (H-36)
' C. Consider approval of a petition of Burke
Engineering requesting a change in zoning from
the multi-fart ly 0;F-1) district to the planned
development (PD) classification and approval of a
detailed plan on an 0.47 acre tract located at
the northwest corner of Nest Oak Street and
Catroll Boulevard. The property is further
" described as a tract in the 14HIl am Neill Survey,
Abstract 971. If approved, the planned
development will permit the construction of two
(2) two-story office buildings containing a total
rt "'e of 9,840 square feet. (The Planning and Zoning
.
rr Commission recommends approval.) (Z-1853)
1. Consider adoption of ordinance approving a r
change' in zoning to the planned development
(PD) classification and approval of a
detailed plan on an 0.47 acre tract located
dt the northwest corner of hest Oak Street
and Carroll Boulevard.
D. Consider approval of a petition of Lynn and 3
} Jerome Cott requesting approval of a specific use
r, permit in an agricultural (A) district at 3505
easley Lane. Tie property is further described
as a 173.3 acre tract in the J. Fisher Survey,
.o r
Abstract 421, and is also known as the Sundown
Ranch. If approved, the specific use permit will
allow the development of a training park for
horses to include the following facilities:
~r Training Track
Boarding Stables - 120,000 square feet
Maintenance/Office Space 14,000 souare
r f h
t feet.
(The Planning and Zoning Commission recommends
approval.) (S-192)
1. Consider adoption of ordinance approving a ;
specific use permit at 3505 Teasley Lane.
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r1 City of Denton City Council Agenda I
May S, 1967
Page 3
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, 431 4.C.). This listing is `
provided on the Consent Agenda to allow Council Members to
d1scuss any item prior to approval of the ordinance,
A. Bids and Purchase Orders:
1. Bid 09734 - Sod for Airport
2. Did 09737 - Traffic Controller 6 Heads
3. Rid 09744 - Slanting Disc Yurp Control Valves
4. Hid 09631 - Teasley Road Associates '
I Participants
S. P.O. $78595 - Wesco $33,000 - insulated
copper wire ; .
B. Final Payments ,
1. Consider approval of a final payment for
Welch Street Overview in the amount of
$6,964.21.
Ordinances
i ~
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of.
contracts for the purchase of materials,
y equipment, supplies or services.
` B. Consider adoption of an ordinance accepting
j, competitive bids and providing for the award of
contracts for public works or improvements.
r
City of Denton City Council Agenda
May 5, 1987
Page 4
C. Consider adoption of an ordinance providing for
r^ 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. j
D, Consider adoption of an ordinance providing for
the adoption of a concept plan for 43.4 acres of
land located south of 1-3SE and southeast of
State School Road, and being a portion of that
planned development district created by Ordinance
No. 86-109. (2-1842)
E. Consider adoption of un ordinance repealing
Ordinance 86-OOS, effective January 1, 1986,
which provided for the annexation of 296 acres of i
land being part of the 1, Coy purvey, Abstract
No. 2; W. Burleson Survey, Abstract No. 93; B.
Burleson Survey, Abstract No. 249; and the R.
Johnson Survey, Abstract No. 666,
F, Consider adoption of an ordinance setting a date,
time and place for public hearings concerning the
proposed annexation of 212.12 acres being part of
' the I. Coy Survey, Abstract No. 212; J. Ayers
Survey, Abstract No. 2; W. Purleson Survey,
Abstract No, 93; R. Burleson Survey, Abstract No.
249, and the R. Johnson Survey, Abstract No.
666. (A-49)
S. Resolutions
S A, Consider approval of a resolution changing the
May 19, 1987 Council meeting to May 12, 1987.
B. Consider approval of a resolution authorizing
Amendment No. 1 to the Airport lease between the I
City of Denton and Port-A-Port.
C. Consider approval of a resolution supporting Lt.
x` Governor Bill Hobby's proposed "Build Texas
t Program". f
6, Consider approval of an amendment to the $10 million
street bond program by assuming maintenance
lay t' responsibility for 1%~asley Lane from I35E and Dallas
Drive and converting its reconstruction from a state
to a city project,
l
7. Consider approval of an amendment to the $10 million
street bond program by changing the construction of
Hickory from Cedar Street to Austin Street from a
r4 rebuilding to a repaving
protect and adding the
° repaving of all of the streets on the square and its
r adjacent streets (Cedar, Walnut, Austin and Pecan),
r,
`
.110
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City of Denton City Council Agejida
May S, 1987
Page 5
j 8. Official Action cn Executive Session Items
}
A. Legal Matters
B. Real Estate l
I
C. Personnel
D. Board Appointments
9. Miscellaneous matters from the City Manager.
10, New Business:
' This item provides a section for Council Members to
suggest items for future agendas.
1, 4
11. Executive Session:
A. Legal Matters Under Sec, 2(e) , Art. 6252-17
V.A.T.S.
B. Real Estate Uneo r Sec. 2(fArt. 6252.17
V.A.T.S.
`.t^ C. Personnel/Board Appointments Under Sec. 2(p},
Art 6252-17 Y.A.T.S.
C E R T I F I C A T E '
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I certify that the above notice of meeting was posted on the
f t° bulletin boa d at the City Hall of the City ton, Texas, on the day of ~pk!~_,, 1987 at o' clock a
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f,'_ CITY ' SECRETARY
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AGENDA ADDENDUM
CITY OF DENTON CITY COUNCIL
May S, 1987
7:00 p.m.
1. Consider approval of an ordinance approving a contract
between the City of Denton and Freese and Nichols,
Inc. for engineering services and declaring an
effective date,
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AGENDA ADDENDUM
C17Y OF D£NTON CITY COUNCIL
May S, 1987
,r
7:00 p.m. j
Consider adoption of ordinance approving a historic
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landmark {H} designation at 929 Nest Hickory Street.
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AGENDA
CITY OF DENTON CITY COUNCIL
May 5, 1987
Work Session of the City of Denton City Council on Tuesday,
May 5, „87, at 5:30 p.m. In the Civil Defense Room of the
Municipal Building at which the following items will be
js considered:
j (Note: Any item listed on the agenda for the Work Session may
also be considered as part of the ap:~rda for the Regular
Meeting.)
5:30 P.M.
Receive a report from Teresa Waller of the Central
Business District regarding the "Main Street" project.
Receive an overview of the I-3S north annexation
process. f
3. Receive a report from the Capital Recovery Fee
4 Committee - Tom Harpool and Camp, Dresser 6 McKee,
4. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 62S2-17
V.A.T.S. I
C. Personnel/Board Appointments Under Sec. 2(g), '
,5. Art 6252-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday, j
E May S, 19879 at 7:00 p.m. in the Council Chambers of the
Municipal Building at which the following items will be
considered:
f; 7:00
.m.
p
1. Consider approval of the minutes of the regular
meeting of April 9, 1987 and the regular meeting of
April 21, 1987.
2. Public Hearings z
` A. Held a public hearing concerning proposed I
annexation of approxtrately 69.1694 acres being
1 part of the S. VVenter Survey, Abstract No. 1315;
C. Chacon Survey, Abstract No. 298; J. Baker
F- Survey, Abstract No. 47; J. Dickson Survey,
1 Abstract No. 342; and the A. Cannon Survey,
w' Abstract No. 232, and located adjacent and south
of FM 2181 and east of Old Alton Road. (A-4E)
1 ~
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City of Denton City Council Agenda
May 5 1987
Page
B, ronsider approval of a
etitin
John A. Kie
requesting historic landmarks(H)f desig ationmmat
928 West Hickory Street. The property is further
described as an 11,880 square foot tract in the
E. Puchalski Survey, Abstract 996. (The Historic
Landmark Commission and the Planning and Zoning ;I
Commission recommend approval.) (11-36)
C- Consider approval of a petition of Burke
Engineering requesting a change in zoning from f
the multi -family (NF. 1) district to the planned
development (PD) classification and approval of a
theainorttiwe t on an
%,e t tract
Street located
Carroll Boulevard. The property is further
described as I tract in the William Neill Survey,
Abstract 971. if approved, the planned
developmer. will permit the construction of two
(2) two-story office buildings containing a total
of 9,840 square feet, (The Plannin8 and Zoning
Commission recommends approval.) (2-1853)
I. Consider adoption of ordinance appproving a
change in toning to the planned develcpment
ON classification and approval of a
a, detailed plan on an 0,47 acre tract located
at the northwest corner of We
and Carroll Boulevard, West Oak Street
P, Consider approval cif a petition of Lynn and
Jerome Cott requesting approval of a specific use
permit in an agricultural (A) district at 3505
easloy Lane. The property is further described f
as a 173.3 acre tract in the J. Fisher purvey,
Abstract 421, and is also kncwr, as the Sundown
allow the appdevelopnentheofpeaiftrainin par will
` horses to include the following facilities: for
Training Track
Boarding Stables - 120,000 square feet
Maintenance/Office S ace -
" feet, p 14,000 square
(The Planning and Zoning Commission recommends
s approval.) (5-192)
I. Consider adoption of ordinance approving a
specific use permit at 3505 Teasley Lane,
^v
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City of Denton City Council Agenda
May S, 1987
Page 3
3. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
j recommendations. Approval of the Consent Agenda authorizes the
City Harager or his designee to implement each item in
accordance with the Staff recommendations. I
Listed below are bids and purchase orders to be I
approved for payment under the Ordinance section of the
agenda. Detailed back-up Information is attached to the €
ordinances (Agenda Items 4,A, 4.B, 4.C.), This listing is
provided on the Consent Agenda to allow Council Members to
discuss any stew prior to approval of the ordinance,
A. Bids and Purchase Orders:
1, Bid 09734 - Sod for Airport
1. Bid 09737 - Traffic Controller & H.-ads
3. Bid 09744 - Slantinp Disc Pump Control Valves
4. Bid 09631 - Teasley Road Associates i
' Participants i
tiaf S. P.O. $78S9S - Wesco - $33,000 - insulated
f copper wire
B. Contracts '
1. Consider approval of a contract for
revisions to drainage design manual,
drainage regulations and expansion of the !
Master Drainage Plan.
C. Final Payments
1. Consider approval of a final payment for
Welch Street Overview in the amount of
A. $60964.11.
4. Ordinances
s!fj' A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
` B, Consider adoption of an ordinance accepting
competitive bids and providing for the award of
""t4~p contracts for public works or improvements.
j '
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City of Denton City Council Agenda
May 5 1987
Page A
C. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids.
D. Consider adoption of an ordinance providing for
the adoption of a concept plan for 43.4 acres of
land located south of 1-35E and southeast of
State School Road, and being a portion of that
planned development district created by Ordinance
o. 86-109. (1-1842)
E. Consider adoption of an ordinance repealing
Ordinance 86-OUS, effective January 7, 19869
f
which provided for the annexation of 296 acres of
land being part of the 1. Coy Survey, Abstract
No. 2; W. Burleson Survey, Abstract Nto. 93; B.
Burleson Survey, Abstract No. 249; and the R.
Johnson Survey, Abstract No. 666,
F. Consider adoption of an ordinance setting a date,
time and place for public hearings concerning the
proposed annexation of 212.12 acres being part of
the I, Coy Survey, Abstract No. 211; J. Avers
r Survey, Abstract No, 1; W. Burleson Survey,
Abstract No. 93; B. Burleson Survey, Abstract No.
149, and the R. Johnson Survey, Abstract No.
1riti 666. (A-49)
1
9
Resolutions
A. Consider approval of a resolution changing the
i May 19 l 1987 Council
meeting
to May 12, 1987
I
B. Consider approval of a resolution authorizing
d ; Amendment No, 1 to the Airport lease between the
City of Denton and Port-A-Port.
C. Consider approval of a resolution supporting Lt,
Governor Bill Hobby's proposed "Build Texas
:x Program",
6. Consider approval of an amendment to th-" $10 million
street bond program by assuming maintenance 1
E responsibility for Teasley Lane from 135E and Dallas
r Drive and converting its reconstruction from a state
to a city project.
` 7• Consider approval of an amendment to the $10 million
I, ? street bond program by changing the construction of I
i dickory from Cedar Street to Austin Street from a ~
f, rebuilding to a repaving project and adding the
=1 repaving of all of the streets on the square and its
adjacent streets (Cedar, Walnut, Austin and Pecan),
i1 I e
City of Denton City Council Agenda
May S, 1987
Page S
8. Official Action on Executive Session Items:
i
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
9. Miscellaneous matters from the City Manager,
10. New Business: r
This item provides a section for Council Members to
suggest items for future agendas.
11. Executive Session:
} A. Legal Matters Under .Sec. 2(e), Art. 62S2-17
1 V.A.T.S.
B. Real Estate Under Sec. 2{fArt. 6252-17
V.A.T.S. ff
,r1 "4 C. Personnel/Board Appointments Under Sec. 2(g)
Art 6252-17 V.A.T.S.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the ~
bulletin board at the City Ball of the City of Denton, Texas,
f " on she day of , 1987 at o'clock
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CITY M R Y
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CIT' 6OUNCIL MINUTES/
April 9, 1987
The Council conrened into the work Session at 5:30 p.m, in the
Civil Defense Room.
PRESENTS Mayor Stepp,ensi mayor Pro Tom Alfvedi Council
Members Alexander, Chew, Hopkins, McA4ams, and
Riddlesperger,
ABSENT: None
i
1. The Council received a report regarding the upgrading
of the radio system,
Rick Svehla, Assistant City Manager, stated that this would be
a gtadual solution to the problem of the radio system. It
would not be a big impact on the budget all at one time. The
problems with the system had been reviewed and a tentative plan
to structure the problem had teen worked out. The rosoad
system would be a state-of-the-a:6I system and would allowofor
sub-frequencies that would not interfere with other
frequencies, it would utilize a computer system with little
delay in getting on the system, Svehla listed sayllal ,
conditions that existed in the current system which in luGed a
key-up problem in which the system was deed when someone wee
using the system and others would have to wait for that person
to finish, the age of trio system which was purche:ed in the
mid-196018. The cost of the new system would be $1 million for
what was termed the backbone of the system which included I!
' putting on the fire Department and police DepartmenP, and the
beginning equipment, Svehla also stated that 95% of the time,
100% of the City would be covered and that it could also tie in
to the 911 emergency system. He asked the council for
permission to talk with other entitles in the area which would
3A with joining Denton in this venture end and then to proceed
t
Council Member Alexander asked if the initial money would be on
hardware - radios, consoles, etc,
A; r
Svehla replied yes that the original money woulu be for the j ,
backbone equipment,
Alexander asked stout service for others joining trip system -
who would be responsible for the m8latanince for those systems,
II Svehla replied that the City would be responsible anly for the
maintenance of the backbone system. The other entitiss would
f be responsible for their own equipment.
Alexander asked about maximum capacity of the system,
Svehla stated that the maximum capacity of radios on the system
was approximately 3,000. He stated that the backbone of the
system would be located at the power plant with the microwave
system. At that location, theta would always be power for the
r,. microwave system because of the emergency bnokup power
generator.
Ray bells, Superintendent-Motering and Suostations, stated that A
tJ1d`' q, Y,, the reasons for choosing the power plant were that it was
Penned 21 hours, it had high security, it had backup power, and
r'
the area was uncluttered with other buildings and towers,
rk' M4%oor Stephens asked if there would be a tax increase
i V, associated with the purchase of the eyetem, r^
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City of Denton City Council Minutes
April 9, 1987
Page 2
i
Svehla repiled no that through budgeting and from the
uxilIarias, the money for the system would not require a tax
a
increae.
Lloyd Harrell, City Manager, stated that the old system was
running out of capacity.
Council Member Alexander observed that this would be a good
window of opportunity for the City of Denton.
i
The consensus of the Council was to proceed with the system.
• ~ i
"r 2. The Council considered a report regarding the j
possibility of increasing the property tax exempt status for j
citixeis over 65 years of age. f
Lloyd Harrell, City Manager, stated that this was an item that j i
was held for the new council for discussion on the 1987-88
budget. The current tax exemption was 416,°,0 over the tegular
homestead exemption. The effect on the City budget would be
for every $1,000 increase, the cost for the City would be
$12,425.00. He felt that a long term goal was needed but that
1.,} t + the timing was not good. if there wss going to be a change in
I the exemption, a formal ordinance needed to be passed by
May/1. He felt that it might be better if this issue were
discussed with the other upcoming budget issues. The elderly
p 6` • could be a major budget issue and a goal could be where to go
with the exemption.
t 6
yp Council Membei Riddlesperger felt that looking at the exemption
rt during the budget process would oe s good idea. This year was
not the year to increase the tax exemption due to the oeclining
t sales tax revenues.
I t
«r ;.y f The consensus of the Council was to look at this issue as a
separate item during the budget process.
b
1. The Council convened into Executive Session to discuss
4 legal matters, real estate, personnel and board appointments.
No official action was taken.
The Council then c nver,ed into the regular meeting at 712: p.m.
k in the Council Chambers. ni
1 PRESENTr Mayor Stephens; M.y r Pro Tem Alford; Council
Members Alexander, Chew, Hopkins, McAdams, and
i Riddleep+,rgec.
ABSENT: None
The Mayor presented a proclamation regarding "Pelt Housing
N Month". Jeff Meyer, Director of Planning; accepted the
Proclamation.
The„ Mayor presented a proclamation regarding "Denton County
a k, Day" honoring A.E. Wyatt and the Denton Chamber of Commerce.
The Council received an invitation from the Executive
Committee of the Denton Area Come Alive Crusade for public
officials to attend Crusade meetings.
Richard Barrett, Chairman of the Executive Committee for the
Denton Area Come Alive Crusade, extended an invitation to the
Mayor and Members of the City Council to attend the Crusade
meeting, Monday April lI; 1y0. f1
s ~
City of Denton City Council Minutes
April 9, 1987
Page 3
2, The Council considered appproval of the minutes of the
special call meeting of January 27, 1987; the repular meeting
of February 3, 1987; and the regular meeting of February 17,
{4 1987,
McAdams motion, RiddIesperger second to approve the minutes as
presented. Motion carried unanimously.
i
3. Item 13 was removed fror the agenda.
The Council received a request from Kay Lamb, Calhoun
,
I
Junior High, to close one block of Congress Street on May 8 for
"Cougar Day".
Kay Lamb, a representative of the Calhoun PTA, requested that
the block of Congress between Alice and Denton Streets be I
closed 3:00 p.m. - 8:30 p.m., May 8 for "Cougar Day".
Riddlesperger motion, Alford second to approve the request.
Motion carried unanimously.
S. The Council received a request from Zachary Tucker, I ?
k Activities Coordinator-Greek Affairs of NTSU to solicit funds
for United Wcy from the followinp City streets April 11, 1987:
Eagle and Ave. C; Loop 288 and I3S; Ave. D and 135; Carroll and
University; Bell and McKinney. `
r Alan Partaln, representing Zachary Tucker, stated that durinp E
Greek Wcek funds were raised for United Way. This would be the
third year that the Greeks had solicited for funds and he asked i
4 -4 the Council to consider their request. )
r & Hopkins motion, Alford second to approve the reluest. Potion
carried unanimously, '
:
6. Consent Agenda
Alford notion, Chew second to approve the consent aperds.
Votten carried unanimously.
Consent Agenda
1. Bid 19715 Re-Roof Police Station
2. Bid 19716 - Capacitors a
3. Bid 89721 - T.Y. Sewer Inspection System
1. Bid 89726 • Repair Cooling Tower
r~
t''' S. Bid 89727 - Disposal of PCB Material
6. Bid 89736 • Truck Cab Chassis
z' 7. Bid 19732 - Auto, Commercial 6 Industrial
t Batteries
8
fu' , B. Sid 1 9131 - Sod for Airport ~
9. Bid 19702 Greenfield Woods Paving t
s Participation
10. Bid 19709 - Hickory Creek Road School Paving
Participation
11. Bid 19722 Pboinix Apartments Rehabilitation
.3,
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City of Denton City Council Minutes
Ayril 9, 1987
Page 4
12, Bid F 9778 - Gleenwood Lane Paving i Drainage
e. Sale of Personal property
1. Bid #9738 - Sale of Digger Derrick
i
C. Tax Refunds f
1. Consider approval of a tax refund - Anna G.
i Tanner - $549.02 IE
2. Consider approval of a tax refund - Denton u
Savings and Loan Association - ,$3,048.35
i
3. Consider approval of a tax refund - One Oak
Place Denton, Limited - $1,180.35
D. Plate and Replats
+ 1. Consider approval of preliminary plat of the
Beaty Addition, Lot 1, Block 1.
2. Consider approval of preliminary plat of the
Grace Temple Baptist Church Addition, Lot 1,
Block 1.
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4 J. Consider approval of preliminary and final
replat of part of Lots 14 and 15 of the W.J.
f wheeler Addition.
7. Ordinances
Ir
+ A. The Council consiaered adoption or an ordinance
r, accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
Tat following ordinance was consiaereds
s ;A r AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWAADING A
" CONTRACT FDA THE PURCHASE OF MATERIALS, EQUIPMENT,
SVFPLIES OR SERVICES$ PROVIDING FOR THE EXPENDITURE Of
+ Ar~r ,;rt FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE.
' McAdams motion, Alexander second to adopt the ordinance, On
f roll call vote, McAdams mays," "Alexander ways," Hopkins "aye,"
Alford e " Riddlespetger aye, Chow aye, and Mayor y
'E Stephens aye. Motion carried unanimously.
' B. The Council considered adoption of an ordinance
accepting competitive bids and
contracts for providing for the award of
public works or improvements.
The following ordinance was consideredr
» n"
' NO. 87-057
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
+ 70R THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
:MPROVEMENTSr PROVIDING FOR THE EXPENDITURE Of FUNDS
THEREFORE AND PROVIDING FOR AN EFFECTIVE DATE,
Y4, .
4 1
11
,
..-'^'Nf'n,
1
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City of Denton City Council Minutes
April 9, 1987
Page 5
Alford notion, McAda.as second to adopt the ordinance. On roll
call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Alford "aye," Riddlespetger "aye," Chew "aye," and mayor
Stephens "aye." Motion carried unanimously.
i
C. The Council considered adoption of an oroinance
approving a consulting contract to Albert H. Halff and
Associates, Inc. relative to engineering services.
The following ordinance was considered:
NO. 87-058
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND ALBERT H. HALFF ASSOCIATES, INC. FOR
PROFESSIONAL ENGINEERING SERVICES: APPROVING THE
EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN
EFFECTIVE DATE.
Rick Svehla, Assistant City Manage[, stated that this was a
contract for design work on a bridge.
Chew motion, Hopkins second to adopt the ordinance. On roll
call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Alford "aye," Riddlespetger "aye," Chew "aye," ano mayor -
r a d' Stephens "aye." Motion carried unanimously.
0. The Council considered adoption or an ordinance
1
approving a contract oetween the City of Denton and the North
r,. Texas Umpires Association for officiating softball games for
r City leagues.
r r ry The following ordinance was considered:
y! NO. 87-059
AN ORDINANCE APPROvING A CONTRACT BETII THE CITY OF i•..
DENTON AND THE NdRTH TEXAS UMPIALS ASSOCIATION FOR
OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES AND
y E, DECLARING AN EFFECTIVE DATE.
Steve Brinkman, Director of Parke and Recreation, stated that w.
i this item would provide for services of officials for the adult
softball games.
McAdams motion, Alexander second to adopt the ordinance. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
4 Alford "aye," Aiddlesperger "aye," Chew "aye," ■nd Mayor
Stephens "aye." Motion carried unanimously.
J E. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement oetween the City
y f!, Of Denton and Denton Boys S ueball, Inc, for recreational
programs sponsored by the Parka and Recreational Department,
The following ordinance was considered:
r NO. 87-050
AN ORDINANCE AUTHORIIING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON BOYS `t
{ BASEBALL, INC. FOR RECREATIONAL PROGRAMS SPONSORED BY
( THE PARKS AND RECREATION DEPARTMENTr APPROVINO THE
EXPENDITURE OF FUNDS THEREFORE AND PROVIDING FOR AN
EFFECTIVE DATE.
IT,
3
,
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City of Denton City Council Minutes
Aptil 9, 1987
page 6
} Alexander motion, chew second to adopt the ordinance. On roll
Call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Alford "aye," Rlddlesperger "aye," Chew "ayeand Mayor
Stephens "aye." Motion carried unanimously.
F. This item was removed from the agenda.
G. The Council considered adoption of an ordinance `
increasing storage and impound fees.
i
The following ordinance was considered:
No. 87-051
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
SECTION 24-131 OF CHAPTER 24, ARTICLE V O! THE CODS Of
ORDINANCESi P
REPEALINGALLCONPD?CTING O ORDIA.A:.CES$ AND LDECLARING SAN E
' EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that these fees would
be storage charges for the City.
a Hopkins motion, McAdams second to adopt the ordinance. On roll "I
call voce, McAdams "aye," A~exanderhe ye r. "aye, "Mays[
Alford aye, Ridd`.eaperger aye, -
Stephens "aye." Motion carried unanimously.
H. The Council considered adoption of an ordinance
authorizing a contract between the City of Denton and Denton I
ri County Cot ambulance services. `
i
..e following ordinance was considered:
~j NV. d7-062
Gf
AN ORDINANCE APPROVING AEI IN'IERLOCAL AMBULANCE
AGREEMENT BETwEEN THE CI'Tx OF DENTUN AND DEN'a0N COONTY
FUR AMBULANCE SERVLCES) AND DECLARING AN 4fFECIIVE
DATE.
McAdams motion, Chew second to adopt the ordinance. On roll
` call vote, McAdams "aye," Alexander "sye," Hopkins "aye," h
Alford "aver" Riddlesperget "aye," Chew "aye," and mayor
+°w+ Stephens "aye." Motion carried unanimously.
try z,.,! 1. The Council considered adoption of an ordinance
y; instituting annexation of approximately 80.03 acres being pact
of the James Coltart Sdrvey, Abstract 286, and located
northwest of Loop 288, north of Kings Rowo and west of Farris
Road. (A-12) (The Planning and toning commission recommends
approval.)
1~ Y
The following ocalnence was considered: ~
w k NO.
7 '4
a
' AN ORDINANCE ANNEXING A TRACT Of LAND CONT:C000S AND ,5.
ADJACENT TO THE CITY OF DENTON# TEXASs SPINO ALL THAT
a
L(n, TRACT OR PARCEL OF GAND CONSISTING Of
APPROXIMATELY 8002 ACRES Of LAND LYING AND BEING
SITUATED IN THE COUNTY 0! DENTON# STATE OF TEXAS AND
BEING PART of THE JAMES COLTART SURVEY, ABSTRACT NO.
208, DENTON COUNTY, TEXAS) CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PRUPEATYI AND DECLARING AN
r• EFFECTIVE DATE.
{
1
City of Denton City Council Minutes
April 9, 1987
Page 7
Hopkins motion, Chew second to adopt the ordinance. On toll
call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Alford "eye," Riddlesperger "Aye," Chew "aye," and Mayor
Stephens 'aye,' Mutton carried unanimously.
J. The Council considered adoption of an ordinance
providing for temporary no parking on both sides of North
Carroll Blvd. from 250 feet north of Fain Street to Sherman
Drive during the Spring Fling on may 2 and 3, 1987 and i
authorising Spring Fling banners to be hurq over various City
streets.
The following ordinance was consldereds
•i
NO. 87-063
f AN ORDINANCE PROH?BITING THE PARKING OF VEHICLES ON
90TH SIDES Of CARROLL BOULEVARD TWO-HUNDRED FIFTY FEET
12501) NORTH OF FAIN STREET TO SHERMAN DRIVE DURING
THE ANNUAL SPRING FLING TO BE HELD MAY 2 AND 3, 19875
ALLOWING BANNERS TO BE HUNG ABOVE PUBLIC S'rREETSs
PROVIDING A SEVERABILITY CLAUSEI PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN 1
EFFECTIVE DATE.
Bill Angelo, Director of Community Services, stated that the no
t' parking along Carroll Blvd. would allow access for emergency
" vehicles to the nursing homes in the area. The banners were
t advertisements for the Spring Fling. I ,
Ridolewperger motion, Alford second to adopt the ordinance, On
e i toll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Alford "aye," Ridulesperger "aye," Chew "aye," and Mayor
Stephens "aye." Motion carried unanimously.
ti
The Council consiuerea the supplemental agenda items,
The Council considered adoption of an ordinance
approving a contract proviuing for waotewatet service betweel,
the City of Denton and the Town of Hickory Creek,
The following ordinance was considereo:
r AN ORDINANCE OF THE CITY Of DENTON, TEXAS, APPPOVING A
CONTRACT PROVIDING FOR WASTEWATER SERVICE BETWEEN THE
~4` ` CITY UP DENTON AND THE TOWN OF HICKORY CREEKS AND
PROVIDING FOR AN EFFECTIVE DATE.
k` Bob Nelson, 6Xecutive Director Of Public Works, stated that
this item was late for the agenda packet because the Town of
f Hickory creek returned the Contracts on Friday after the
ifS packets had already been delivered to council. Action wag
needed on this item as soon as possible. The Public Utility
Biard had recommended approval.
McAdams motion, Alford second to adopt the ordinance. On toll
< ur cell vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Alford "aye," Riddlasperyer "aye," Chew "aye," and mayor
Stephens '.ye.' Motion carried unanimously.
2. The Council Considered auoption of an ordinance
i. + appprovLny a ^ontract providing for the interim sale of
wholesale treated water between the City of Denton and the Town
of Hickory creek.
Ld
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F
City of Denton City Council Minutes
April 9, 1987
Page 8
The following ordinance was considered:
NO, 87-065
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
CONT4ACT PROVIDING FOR THE INTERIM SALE OF WHOLESALE
TREATED WATER BETWEEN THE CITY OF DENTON AND THE TOWN
OF HICKORY CREEK; AND PROVIDING FOR AN EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that this
was a water contract in conjunction with the wastewater
E contract with Hickory Creek.
i
Mc;%dams motion, Hopkins second to adopt the ordinance. On roll
call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Alford "aye," Riddlespetger "aye," Chew "aye," and mayor
Stephens "aye." Motion carried unanimously.
5. The Council considered a recommendation regarding the
City secretary position.
' Lloyd Harrell, City Manager, recommended Jennifer Welters for
appointment as the r7ity Secretary for the City of Denton.
Riddlesperger motto., Chew second to approve the
„u! recommendation. Motion carried unanimously. {
ku. 9. The Council considered a recommendation regarding the i
u appointment of a Deputy City Secretary.
Lloyd Harrell, City Manager, recommended Snaron Joruan anu
Cecile Carson for appointment as Deputy City Secretaries.
+ McAdams motion, Chew second to approve recommendation. Motion
t, carried unanimously.
i ,
yt ft'S Item 111 was moved forwaru in the agenua.
H, £ y ' it. Miscellaneous matters from the City Manager I
A. Elizaoetn Evans was aAKeu to give a brief
a r presentation regarding Community Development Block Grant Week.
1 Evens stated that April 11-18 was National Community
Y,~c I Development Week and listed several activities going on for the
week.
B. Harrell reported that the General Obligation Bond
rating had held at the same rata.
Council convened into Executive Session to complete a
41v' S J discussion begun at the earlier Executive Session.
.
Council returned to the regular agenda order.
~ L
rt 10, official Action on Executive Session items.
I.B. Consider a formal response to the Flow Regional
Medical Center's letter of March 6, 1987, regarai;.g the 19ase
of Flow Memorial Hospital.
ti, Debra Drayovitch, City Attorney, a'.ated that in accordance with
a letter presented to the City Council members and the members
of the Commissioners Court on March 60 1987, certain conditions
wets set forth as a prerequisite to continufhg on with a lease
agreement. Some f those requar`,s conflict .rith provisions of
i the existing lease agreement ■nd the county on March 230 1987
ris a r},{. voted to direct their attorney to prepare a let.'sf to the Board
lr+ of Directors of the $03 tci(3) cor?oretion adv4ding the
.xs ,.w... ,w - . ....xr. n. i_:W • dp,k.P~.,r'-. i}t~Ns 4a1~T~"'~~
i
i
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City of Denton City Council Minutes
April 9, 1987
' Pas, 9
Corporation Board that they considered these requests
constituting an anticipatory breach of the agreement. This j
! action was also for the Council's consideration.
j Riddlesperger motion, chew ;1cond to direct the city Attorney
I to prepare a letter to the Board of the proposed SOllC1i3) 1
Corporation in accord with the County position inoicating that
an anticipatory breach was taking place And that the City
Council considered the contract null and Vold. This action
would net prevent another agreement with the same or similar `P
people. Motion carried unanimously.
11, New Business
A. Council member Atfo[d urged a continuation in the
city Council's efforts to work with the Chamber of Commerce for
IE
continued good interaction.
B. Council member Alexander noted that the three
outgoing council Members had made a major contribution to the
City of Denton over the past 6 years and that all the citizens
of Denton were very grateful to them for all their hard work
and effort.
` 13. The Council considered adoption of an ordinance
canvassing the returns and declaring the results of the regular
+ {'1 municipal election held in the City of Denton on April 4, 190.
The following ordinance was conalderea:
r 1 4V ~ • a L`f~;
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS Of THE REGULAR hUNICIPAL ELECTION HELD IN THE
i CITY Or DENTON ON APRIL 4, 190. kvl
Jennifer Walters, City Secretary, read the reaUlte of tar
" n
u r', v election.
Riddleaperger motion, Chew second to adopt the ordinance. Un
! toll call vote, McAdams "aye," Alexanaer "aye," Hopkins "aye,"
Alford "ayeRiaolespetger "aye," Chew "aye," and Mayor !I
n
Stephens "aye." Motion cacrleo unanimously.
14. Adjournment
Chew motion, Riaalespe[ger second to adjourn, Notion carried
1 unanimously.
Regular Meeting of the City of Denton City Council on Thursday,
? April 9, 1987, in the Council Chambers of kne Municipal `
Building.
i ' .
4= r NTt MeYor Stepnenat Council Members 11exender , Ayer,
PRESS .
Boyd, Gorton, Hopkins and McAdams.
t.• x
None
AB96NT2
t
14 oath of office administered to newly electea Council
Members.
Jennifer waiters, City Secretary, Administered the os:h of
rx office to the newly elected Connell Members Ayer, Boyd, Gorton
fr, i' and Hopkins,
4
r Y, f ~
1
~ t 1 41w.Pyv rs nan,r, . ,{s FY r 9 r
I
`
wommusna
I
City of Denton City council minutes
April 9, 1987
Page IO
2. The Council considered election of a Pro Tempore.
Alexander motion, Hopkins second to nominate Linnie McAaams for
the position of Mayor Pro Tempore. Motion carries unanimously.
The Council presented resolutions of appreciation to
Joe Alford, Mark Chew and Jim Riddlesperger.
The following resolution was considered:
RESOLUTION IN APPRECIATION Of
"JOE ALFORD`
AEREAS, Joe Alford has served as a Councilmember of the City {
of Denton since April, 1981 and as Mayor Pro Tempore
from April, 19x6 until today[ and
WHEREAS, the City of Denton has been extremely fortunate in
having en7oyea the dedicated and outstanding
contributions of Joe Alford, and his efforts to make
Denton a better city: and
WHEREAS, Joe Alford, among his many contributions to the
community, has served as state director of Texas State
florist Association, as a member, director and vice
president of the Denton Chamber of Commerce, chairman
of the Board of Deacons of first Baptist Church,
member of the National Committee for Economic
r k f Development and as president of the Regional
Transportation Commictle Ana is an active memoer of
the Kiwanis Club[ and
WHEREAS, Joe Alford has also serveo as a airector of the Heart
Association and A^erican Cancer Society: ana
WHEREAS, Jos Alford nag always served auove ana beyond the
efficient discharge of his duties in promoting the
r" r j welfare and prosperity of the City, and has earned the
lull respect of his fellow Councilaemoers and
colleagues and citizens of Denton and loss of his
- services will be keenly felt)
NOW, THEREeORE, BE. IT RESOLVED:
d,w~i .t u
That the City Council of the City of Denton, acting on
'i Pe behalf of the citizens and staff, wishes to
aq acknowledge wit.: grateful appreciation the services of
f J Joe Alford and :he devotion he has given the city
council of the City of Denton, and hereby orders that
this Resolution be made a part of the official minutes
of this Council to bo a permanent record of the City,
17, and that a copy of this Resolution be forwarded to Joe
Alford as a token of our appreciation.
8E IT FURTHER AESOLVEDt
,,w~2^„„'.C ? that the City of Denton does hereby officially ano
a sincerely extend its best wishes to the Honorable Joe
Alford for A long and successful career As a member of
:yY our community,
PASSED AND APPROVED this the 9th day of April, 1987.
o
a'EA
n '
r
City of Denton city council minutes
April 9, 1987
Page 11
RAY STEPHENS, MAYOR
i
i
ATTEST,
JENNIFER WALTER _
ACTING CITY SECRETARY
APPROVED AS TO LEGAL PORK:
' DEBRA ADAMI DRAY VITCH
CITY ATTORNEY
McAdams motion, Alexander second to approve the resolution. On
roll call vote, McAdams "aye," Alexander "aye," Napkins "eye,"
r Gorton "aye," Ayer "aye," Boyd "eye," and Mayor Stephens
i. "aye." Motion carried unanimously.
The following resolution was considereat
RESOLUTION IN APPRECIATION OF
w a s ~p~ "MURK CHEW" ;
r .p
WHEREAS, tonight, the City Council of the City of Denton loses
one of its most valued members, Mark Chew, who voa the i
first Black elected thereto in April of 19dl and who
was the first Black selecteo b his colleagues to
serve as Mayor Pro Tempore from April, 19d5 until
April, 1186: and
It '~.,r ti4' WHEREAS, Mark Chao's service to the community is eviaeneed by
Why F, his participation As a Board member of the Denton
~I^n w Kiwanis Club, Denton Hi-Noon Lions Club ono Cross
t~ Timbers Council of the Gitl Scouts of America, as well
W~+"3 as the Denton County Mental Health Aoviso y Board: by
a his service as a memoer of the steering committee for +
Leadership Denton and the Denton Area Coma Alive
Crusade: as a member of the Denton High School ;
A " vocational Education Board and of the Board of
Directors of family Servicea: and
WHEREAS, the City of Denton has been extremely fortunate in
having enjoyed the dedicated and outstanding services
of Mark Chew, and seek his continues support, which we
+ yr know will be forthcoming: and
WHEREAS, Mark Chew has always served above ono beyond the more
efficient discharge of his duties in promoting the
welfare and prosperity of the City, and has earned the
full respect end admiration of his subordinates ono {
fellow Councilmembers:
NOW, THEREFORE BE IT RESOLVED!}
~that the sincere and warm appreciation of Mark Chew,
felt by the citizens and staff of the City of Denton,
Eq > be formally conveyed to him in A permanent manner by
+ spreading this Resolution upon the official minutes of
~ the City of Denton, and forwarding to him a true copy
thereof: and
o, t
<a „
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kr ~ fj' y`~ f
x t e,
.
fir, +
P
City of Denton City Council Minutes
April 9, 1987
Page 12
f
BE IT FURTHER RESOLVED:
that the City of Denton does hereby officially and
sincerely extend its best wishes to the Honorable Mark
Chew for a long Ana successful career as a member of
our community.
f PASSED AND APPROVED this the 9th day of April, 1987.
E
TE
ATTESTP
v
JENNIFER WALIERS
ACTING CITY SECRETARY
.4
APPROVED AS TU LEGAL FORMS I.
" DEBRA ADAMI DRAYOVITCH~
` CITY ATTORNEY
" Boyd motion, Ayer second to approve the resolution. On roll
call vote, McAdams "aye," Alexander "aye," Hopxine "aye," I
' Gorton "aye," Ayer "aye," Boyd "aye," ana mayor Stephens
"aye." Motion carried unanimously. 4
1
rn The tollowtng resolution was consiaeredl
+~a RESOLUTION IN APPRECIATION OF
"JIM RIDDLES,+ERGER" IE
WHEREAS, tonight, the City Council of the City of Denton loses i
" w one of its most valued members, Jim Riddlesperger, who
was slatted thereto in April of 1981 and has servaa
for six yearsl and WHEREAS, in addition to his service as A Councilmember, Jim '
+R Ridalesperger has served as president of the Nortn
7.w Texas State University Chapter of trio Texas
Association of College Teachers) as honor professorl
as advisor to International Students) he has recelveo
a distinguished teacher award and has served AS the
chairman Of Wesley foundation board) And as president
" roe of the Cross Timbers Girl Scout Codncill ono
„ FY { WHEREAS, Jim Riddlesperger has also aervaa as a member of the
L9t;Charter Revision Committee) chairman, Advisory
f Committee, Area Agency on Agingi as executive board
ti+ r member, North Central Texas Council of Governments)
ana as chairman of the Administrative Board, First
United Methodist Church and professor emeritus, North P
Texas State University] and is currently president of ➢
i" the Denton Riwanis Club and a member of the first
Texas Silver Haired Legislature) and
WHEREAS, the City of Denton has been extremely fortunate in
having enjoyed the dedicated and outstanding services
fie of Jim Riddlesperger, And seek his continued support,
~a which we know will be forthcomingr ana
h
I
it
i
City of Denton city council minutes
April 9, 1987
Page 13
WHEREAS, Jim Aiddlesperger has always served
the more eLEl above and beyond
pr omoti cient discharge of his duties in
ng the welfare and prosperity of the City,
and
has earned tha full respect and admiration of his
subordinates and fellow Councilmembersj I
NOH, THEAEFORE, DE
that the IT RESOLVED: !ft
Aiddle pergeci felt bynthewcitizens andatstaff oof tjh
City of Denton, be formally Conveyed to him in a I
Permanent manner by spreading this Resolution upon the
official minute, of the City of Denton, and forwarding
to him a true copy thereof,
PASSED AND APPROVED this the 9th day of April, 1987.
ri
5
a'
U
STEPHEN , Y
A
TTESTt
,
' JENNIFER NALTER9
ACTING CITY SECRETARY
APPROVED AS TO LEGAL FORM I'
r i oeeR M D
m CITY ATYORNEY
t $ ..r .4
-fi McAdams motion, AIezander second !o approve the ceeolutio,,, On
j Cortonal"aye~° McAdams ease," Boy 0 Alez~r,+er "aye," Hopkins "e e "
"aye," Motion carried unanimously, aye'" End nayoc Stephens i
sr y The three former Council member, thanked the Connell for the
recognition.
a
1 i Miscellane" s matters from the City Manager.
The following items were
Managers presented by Lloyd Harrell, City
A, A reminder that the Texas Municipal League Region
"q r
} B dlnr.er would be in Denton April 30, 1987 at the Sheraton,
e. Council orientation would be Al 16 and 1987. Department presentation, would be duringrthe motninQ ar7ie
tours of Various City facilities during the afternoon. Any of
the Council member, were welcome to Ittend the sessions at the
t° Service center.
C. A Council
budget was distributed, Itewasoasked ethat gthe q the upcoming
%
rr,turned by Tuesday Eor tabulation and dlecuuloe oehther2l~
meeting.
x
A
}
fi ~ ~ vl~•x .;ei.',.~luv.~,o-r~~'r'Jr921d dR'~MC+GtiR'
5
City of Denton City council minutes
April 9, 1987
Page 14
j
5. New Business
A. Council Member Boyd asked that the Council look
at the City election district lines and perhaps consider
realigning those lines.
/
{ S. Council Member Cotton asked for a joint meeting
of the City Council and the County Commissioners when DeIoitte,
E Haskins and Sells presented their report regarding Flow E
Hospital. A tentative date of April 21, 4:00 p.m. had been set.
% 6, Executive Session
1 The &oencil reconvened into the Executive Session to discuss
legal matters, teal estate, personnel and board appodntments.
No official action was taken.
With no further business, the meeting was adjourned at 900 p.m.
i ;
~ I
r
p ' RAY STEPHENS, MAYOR r.
lY" CITY OF DEN'"ON, TEXAS
EfS
"i
y ~r 'a I
to y ~i. -
JENNIFER WALTERS 1. •C
CITY SECRETARY
a
CITY Of DENTON, TEXAS
i~ 2642C
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a
CITY COUNCIL MINUTES
April 21, 1987
The Council convened into the Nock Session at 5:10 p.m. in the
Civil Defense Room.
PRESENT: Members Alexander M Ayers PB^yd,eGOrton,a and Hopkins
ABSENTS None
t I~
1. The Council convened into Execrsive Session to discuss I
legal matters, teal estate, personnel and board appointrents.
More specifically a six month evaluation of the municipal Judge
and the City's representation on the Texas Municipal League
were discussed under personnel/board appointments. No official
action was taken.
The Council then convened into the regular meetin. at 7310 p.m.
in the Council Chambers.
PRESENTS Mayor Stephenar Mayor Pro Tem McAdams: Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins.
ASSENT: None
Item 12 was moved ahead in the oroer.
° 2. The Council presented a resolution of appreciation to
as Hugh Lyntn.
` The following resolution was presentees
RESOLUTtON IN APPRECIACION OF
r,HI:F HUGH LYNCH" 'Silk i
V ;
NHEREAS, after serving as a patrol chits[ for t n a City from
195) to 19bb, as captain of patrol from 1067 to 195s#
b ad captain of the Criminal Investigation Division of
the Police Department from 19b9 until 1949 when rte
„ became acting chSef, end as Oolice Chief for the city
of Denton since 1981, Chiet Hu?h Lynch has resigned:
and
WHEREAS, during his tenure with the City, Chief Lynch ham been
a member Of th, international Association of Police
Chiefs Oi the lexAS Police Association, of the Texas
t "t LAW Enforcement intelligence Unite Association, of the 'vt
Nor c. Texas Police Chiefs Association, and of the
W , Denton :c'un.y Police Chiefs Associations and
r p WHERPAS, Chief Lynch's dedication to hts profession and the
community is evidenced by his implementation of the
Crime pravention program, the training program,
s^tr, traffic department, take-home car policy and the new
tactical unity and
WHEREAS, the City of Denton has been fortunate in having
enjoyed the dedicated And outetand!ng scrvlces of
thief Hugh Lynch and wish to recognixc camel
WHEREAS, Hugh Lynch has elw,ys served above and beyond the
E efficient discharge of his duties in promoting the
conas earned the
lleagues and
wait r eapAnd ct p of p his fellow he empCity, loyees and
r! citlsens of Dentons
,
01
i
H
xs6~'~r
Y
City of Denton City Council Minutes
April i1, 1987
Page 2
NOW, THEREFORE, BE IT RESOLVEDi
that the sincere and warm appreciation of Hugh Lynch
felt by the citirens and officers of the City of
Denton, be formally Conveyed to him in a permanent
manner by recording this Resolution upon the official
minutes of the City Council of the City of Dentonr
Texas and forwarding to him a true copy thereof as a
token of our appreciation.
PASSED AND APPROVED this the 21st day of April, 1987.
,
1
RAY S'rEPHENS, MAYOR
LINNI£ MCADAMS RANDALL BOYD
MAYOR PRO TEM COUNCIL MEMBER
e'•
HUGH AYER JANE HOPXINS
r COUNCIL MEMBER COUNCIL MEMBER
i
z
r7 IM R. ALEXANDER 808 GORTON
COUNCIL MEMBER CUUNCI`. MEMBER V
ATTEST?
JENNIFER OALTEnS
' ACTING C::Y SECRETARY -
APPR04EO AS IO LEGAL FJRMr
`EBRA ADAMI DAAYOVITCH - - - -
' CITY ATTORNEY
r.
u 3 MCAdAms motion, AleYanuer secono to approve the resolution. On
roll call vote, McAdams "aye," Alt::sndee "aye," Hopkins "aye,"
Gorton "eye," Ayer "eye," Soya "aye," and mayor Stephens
"aye." Motion carried unanimously.
Hugh Lynch, former Chief of Police, thanked that Mayor and the
Council and stated that it was a pleasure to serve as an
officer and a Chief for the City of Denton,
1, The Council presented a Medal of Valat to Mr. Mike i i
Sessions, Driver/Parameaie-City of Denton fire Department, I
F3 Mayor Stephens read a letter from Captain Mike TaylOf-Station
N, which detailed the neroic actions r,y Mike Sessions after
witnessing a traffic accident, The Medal of Valor was the
second highest honor awarded by the Denton fire Department, it
was cw,'ded only to those Denton firefighters who had exhibited
an act or acts of conspicuous bravery above and beyond the call
of duty in which grave personal harm was a very epparent
possibility. The act would be beyond the realm of routine fire
suppression activity and was typically during an attempt to
h~l save a human life.
„ri ~ '
City of Denton City Council Minutes
April 21, 1987
Page 3
Chief Cook and the mayor presented the Medal of valor to Mike
Sessions.
Mike Seasir.ns thanked the Council and the Fire Department for
the hand! they had given him.
The Mayor presented a proclamation to Dr. Darrell Bulls for his
manyY contributions to th3 community among which were the
Chai[man of the Board of Directors of the Denton Chamber of
Commerce, the Leadership Denton Program, and United Way.
Dr. Bulls thanked the Council for the proclamation and stated
that Denton was a great community to live and work in.
4. The Council received and tabulated bids for the
purchase of $3,500,000.00 of General Obligation bonds.
Frank Medanich, First Southwest Company, stated that there were
7 bide received. The bids and the net interest rates were as
followedf Lovett-Mitchell, 7.8841861 Intertirst, 7.98011
Merrill Lynch, 7.89881 Republic Bank-Dallas, 8,0436051 M Bank,
7.9S7961 Underwood-Neuhaus, 7.998791 Smith Barney and Co.,
8.02035. Frank and David Medanich and Paul HOrton retired to
tabulate the bias,
a
The Council returned to the regular agenda order.
1. The Council considered approval of the minutes of
regular meeting of MAr7h 10, 1981 and March 170 1987 and the k
special call meeting of March 24, 1967. IiE
v r' Alexander motion, McAdams aecono to approve the minutes as
presented. Motion carries unanimously, i`
51. I
5, Tne Council receivea an annual report by the Denton
Convention and visitors 8areau.rl~'
Bob wooden, Denton Chamuer of Comrerce, presented packets to
the Council regarding the visitors and Convention Bureau which
marked the lath year of operation. Mr. wooden presented an
q,1 overview of the ectivltiee of the Council, He stated that some
Areas of focus for 1947-88 were raising the number of
conventiona/meetings held in Denton, publishing a new Denton
brochure, Lake Ray RoDerts, and the North Teaas Film Commission.
Mayor Stephens and the Council thanked the Denton chamber of
e ,ti } t Commerce for the report.
14 4 6, The Council received a request from Me, Carl William$
to waive tees for the Fred Moore Park on June 18-200 1967 for c;
the Denton County NAACP to sponsor a Juneteenth celebration.
s Carl Williams thanked the Council for the opportunity to ask
a again for the opportunity to sponsor the Juneteenth Celebration. Ir'
r,
r Carl Young had asked the Council to address this issue before a
decision had been mane. The Council granted him permission to
speak on the isaue.
Carl Young stated that toe a while there was no Juneteenth
celebration. Cach year the celebration had grown in site and
there were no proolems during the celebration, He stated that
' he felt Mr, Wt111ame was not doing an adayate lob and was
holding the celebration tar A profit instead of lust for the
celebration, He asked the Council to let him Coordinate the
Celebration. He would extend the hours until midnight Juhe 17,
18, 19 and 20,
t
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City of Denton City Council Mihutes
April 210 1987
Page 4
Mayor Pro Tom McAdams asked if this was not a ioint operation
between the City and the sponsor of the event.
Lloyd Harrell, City Managers stated that the action needed from
the Council was to declare an official sponsor of the event and
therefore would be no fee charged for that activity. Official
wavier would be required to extend the hours of the celebration
past the 10:00 p.m. curfew.
Alexander motion, Hopkins aacond that the agreement be approved
between Carl Williams ind the City of Denton, dates and hours
to be June 18-20 until 10:00 p.m. each night. Motion carried
f~f unanimously.
i 7. The Council received a report from Mr. Carl Young
regarding the economic/social expectations of the people in
Southeast Denton.
Carl Young presented the following items that were needed in
Southeast Denton: (1)the youth of the area needed a work
program for the summer, (2) a drug program was needed in the
area, (3) the parks were fine, (4) the Police Department was
fine in that area, (4) the fire Department was segregated with
no Black being on the rice Department, (5) the Affirmative
Action Program was not used in Denton, (6) Mill and Mores
Streets should be changed to Martin Luther King Blvd., and (7)
t " the new recreation center should be named C.N. Collins !
Recreation Center.
The Council moved item 111C ahead in the order,
11. ordinances
C. Tne CouncLL considered adoption of an ordinance
authorizing the issuance, sale, and delivery of City of Denton
' General Ubligation Boaas, series 190, levying the tax to pay
same, and approving and authorizing instruments and pcoceducea
relating thereto.
r
The following ordinance was considered:
ORDINANCE
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY t" "
i^r = Of DENTON GENERAL OBLIGATION BOND9, SERIES 14871 LEVYING THE TAX TO PAY SAME, AND APPROVING AND
AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO.
l
?rank Medanichs first Southwest, recommended that the bid go to
Lovett-Mitchell. He stated that this was the beat offer the
market had at this time. "
Council Member Soya aakeo why the market was so poor at that
time.
Medanich replied that there were several reasons some of them
being the high volume of bonds on the market, Japan was not
buying bonds at the present time, end the interest rate was the
i best at this time with good representation,
Lloyd Harrell, City Manager, stated that John MCOTane and he
had discussed recommending postponing this item but it would
have been 45 days before any Motion would be token again due to
the notice requirements of the charter.
t r
! Hopkins motion, Alexander Second to adopt the ordinance. On
roll call vote, McAdams "eYs," Alaxander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye,b Boyd "eye," and Mayor Stephens
"aye." Motion carried unanimously.
i
f
1 _t
: ,NbF+'O )6M vy n-:.w....... . v:. Y+....,+.r~.... u,a:I1n',kS.ewS^"Y?kwAli`3'Y.';A+S EA?l.Mi~.>...
!I2
City of Denton City Council Minutes
April 21, 1987
Page 5
The council returned to the regular agenda order.
8, The Council received a report from Mr. Mack McIntyre
regarding a Sewer/solid waste oilling dispute.
.
Mack McIntyre stated that he had not been billed for
eater/sewer charges for 19 months. The problem was a billing i
roblem with the City. He did have the services provided to
him but was not billed for the services. He felt that he
should not have to pay for the past service, approximately 1
$100.00 as it was the City's fault he did not receive a bill. {
The cost should be absorbed by the City due to their error. 1
Mayor Stephens asked if Mr. McIntyre had indeed received the {
aervicea.
McIntyre replied yes he had received the services but that he
was not used to the type of billing system the city of Denton
used. He had never had water and sewer separated out from a 4
bill before and thus was not looking for it when his electric l
' bill came from the City.
i
Debra Drayovitch, City Attorney, stated that the City had no
authority to waive the fee. It would violate State law and the r
City Charter to waive the fee as services were provided but not
billed for.
r
Lloyd Harrell, City Manager, stated that Mr, McIntyre had not
received a pill for sewer/refuse during a 19 months period.
when the problem was discovered, it was treated as any similar
t cage, in that the customer had an equal amount of time to pay
the bill as the time the bill was in error. In the case of Mr.
McIntyre, he would have 19 months to pay the bill,
Council Member Hopkins stateu that there ware ways that other
ate pa were taken in regards to these matters. For example,
with a water billing problem, the City assessed the actual cost
used adjusted when She there stated thatn the a water leak 1 gal bill was
the
backup read that backoilling was not to exceed 6 months with an
overbilling/undecoilling problem. Nineteen months was not
enough time to repay the bill, McIntyre should be given all the
I:
time he would like to repay the bill.
Llo d Harrell, City Manager, stated that where it was found,
k Y
. " ` without dispute, that aervieee were received and the City was
in error in the billing for those services, the consistent
policy was that the customer was given the equal amount of time
to pay back the bill as the will was in error. He suggested
f' that it Council had proolems with that policy, it should be
looked at for an amendment, but act to single out one
customer. A consistent polio/ should ae applied, do for all
and not for lust one,
' Kayyr Pro Tom McAdams stated that if the policy was wrong, then
t.• it needed to be changed, if the services were provided, then
v it was ■ lust bill even though it was done badly and after the
+ time of services,
a
Kayor Stephens asked Mr. McIntyre how much time he felt he
needed to repay the bill.
McIntyre replied tnat he was unsure.
E
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City Of Denton City council minutes
April 21, 1987
Page 6
Mayor Stephens thanked Mr. McIntyre for presenting his case to
the City Council but restated that the Council was not able to
alter the billing as that would be in violation of state law,
the City Charter and an established City policy.
i
9. The Council received a report from the '91 Committee.
Hugh Ayer, chairman of the CIP 191 Committee, presented the
report, Before doing so, he suomitted his resignation on the
Committee to the Council. He felt that the Committee should
retain its independence from the Council and should not have a
council member on the Committee.
Ayer stated that with s few exceptions, both of the bond
programs were on schedule, The Street Bono Issut had the
following prvjectst (1) the repaving/overlaying program had 40
streets on the schedule. All but 7 were completed. Those
delays were due to utility work that needea to be completed
which would be done in the next few months, (2) the rebuilding
program had 16 projects. Eight were done or unaer
construction, Two changes were recommended for this sectiont
assume maintenance of Teasley Lane from 135E and convert the
project from a state project to a city projectl change the
rebuilding of the streuts around the Square to a repaving
protect. The CIP Program had the money reedy to begin the
pro ects as of this meeting. The first year projects would
include the Martin Luther Xing Recreation Center, the sidewalks e
at Evers/Jennings senool, the Nooorow Lane bridge. Two
projects on the program were having problems. Those projects
were the Loma del Rey arainage project and the Loop 2e8
ti z expansion from LS1d0 to Colorado Blvd, Tne Loma eel Rey
drainage project was delayed until 1989-90 so that it would
coincics with the state schedule of the Loop 288 expansion.
Recently the State had done some rescheduling and the Loop 288
project was delayed indefinitely. Staff was negotiating with
the District Engineer to keep the Sta., on acheaule with the
Loop 288 project,
k Council Member Corson also submitted his rt%ignation from the
Committee, i'
.
F 10. Consent Agenda
McAdams motion, Cotton second to approve tae Consent Agenda as
presented. Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Orderat
t ' 1. Bid 19739 - Xnuckle Boos crane
2. Bid 19110 - Asphalts Emulsion, Road Materials
3. Bid 19741 - Mobil Radios
}f 4. Bid 19743 - Cable 12 Triplex
5. Bid 19733 - Tennis 6 Basketball Courts
6, Bid 19736 - 20,0001b, Truck Cab/Chassis
e. Tax Refunds
Consider A tax refund to Denton County Title
in the amount Of X512.17.
j 2. Consider s tax refund to first Texas 8avings
Association in the amount of X1,119,56. +
{ 3. COnSlJCr a tax refund to Al and aim MCNALt
it in the amount of *1,219.14
'r I
ti:
City of Denton City Council Minutes
April 21, 1981
Page 7
council member Hopkins left the meeting.
11. ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
k serviced.
L The following ordinance was consideredi
(
NO. 67-067
f AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A E
CONTRACT FOR THE PURCHASE of MATERIALS, EQUIPMENT,
+ SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE[ AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Ayer second to adopt the ordinance. On roll
call vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
4 ;-ks
B. The Council considered adoption Of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements,
The following ordinance was considered;
No, d7-U68
AN ORDINANCE ACCEPTING COMPETITTIVS BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC wOHKS OR
IMPROVEMENTS[ PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; ANU PROVIDING FOR AN EFFECCrIVE DATE.
10
r
McAdams motion, Gorton second to adopt the ordinance. On roll
call vote, McAdams "aye," Alexander "Aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
C. Item C. was considered earlier in the meeting.
! 1
" r`y+ Council Member Hopkins returned to the meeting,
1 D. The Council considered adoption of an ordinance
designating and establishing speed tones for cast and west
bound traffic on Highway 77 from its intersection with
interstate 35, east service road 300 feet west of its
intersection wth Orr Street.
r The following ordinance was consideredt
NO. d7-070 r
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED CONES
F :r` tis FOR EAST AND WEST BOUND TRAFFIC ON HIGHWAY 77 FROM ITS
INTEA,.ECTION WITH INTERSTATE 35-E SERVICE ROAD 300
j fBE'T WEST OF ITS INTEASECTION WITH ORR STREET►
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO
HUNDRED DOLLARS ($200.00)[ PROVIDING A SEVERABILI'tY
CLAUSE[ AND DECLARING AN EFFECTIVE DATE.
14
Rick Svehla, Deputy City Manager, stated that this ordinance
III would establish new speed limits on Highway 77. The State
Highway Department had asked that an ordinance be provis3d to
them showing the old limits. T110ee ordinances could not be
found so A apeca study was done to facilitate the speed formula,
'
w
1. Afe.M „Lnu, ~~ii°~Rj rw4'.rt~,el M~h~•Nt~iW"
A
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City of Denton City Council Minutes
April 21, 1987
Page 8
Council Member Gorton asked what portion of TI would be
included in the ordinance. If a large portion was included,
would the Council not be looking later to reduce the speed
there for the additional traffic entering/exiting the Highway.
Svehla replied that in the future some kind of signaling would
probably be required to facilitate the flow of traffic and if
so, the speed in the area would not have to to altered as the
signal would take care of the problem,
McAdams motion, Alexander motion to adopt the kedinance. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens t
"aye." Motion carried unanimously.
E. The Council considered adoption of an ordinance
designating and establishing speed zones for east and west
bound traffic on U.S. Highway 380 fro,e its intersection with
Bell Avenue to Mayhill Road for a distance of 1.80 miles.
The following ordinance was consiaeredr
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES
FOR EAST AND WEST BOUND TRAFFIC ON U.S. HIGHWAY 380
FROM ITS INTERSECTION WITH BELL AVENUE TO MAYHILL ROAD
RADISTANCE F1.80 rPROVIDING R $2UUN
OF A FINF NOT TO EXCEED Two HUNDRED DOLLARS ( 00)1
PROVIDING A S£VERASILITY CLAUSEr AND DECLARING AN f
ter EFFECTIVE DATE. 'c
i
ti Rick Svehla, Deputy City manager, stated that this ordinance
° was similar to the one 3ust previously disrussea. Ina State
recommendea the speea limits and the Citi._ns Traffic Safety
III Support Commission recommended approval.
McAdams motion, Hopkins secund to soopt the crdinanci. on roll
call vote, McAdams "aye," Alexander "aye," Hopkins "ate,"
Gorton "aye," Ayer "aye," Boyd "aye," ano mayor Stephens
"aye." Motion carried unanimously,
! F. The council considered eooption of an orainance
prohibiting the parking of vehicles on the north end south
I` sides of a portion of Roberts Street.
The following ordinance was considereat
07-072
AN ORDINANCE PROHISITINO THE PARKING OF VEHICLES ON
y, n.J THE NORTH AND SOUTH SIDES OF A PORTION OF ROBEATS
• STREETI PROVIDING A SEVEAABILITY CLAUSEI PROVIDING A „
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARAI AND
DECLARING AN EFFECTIVE DATE,
Rick Svehla, Deputy City Manager, Stated that this was e
request from the neighborhood on Roberts Street, The normal
setbacks for no parking" at an intersection were 3u'.
Neighbors in the area indicated to staff that there wets
problems in entering/exiting from Roberts street on to Bell
Avenue, particularly if there were parked vehicles in the area
of the intersection, A petition was received from the
} neighbors in the area and the Citirana Traffic Safety Support
` Commission re~!ommended approval,
J Ah ~1°••
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City of Denton city council minutes
April 21, 1987
Page 9
Alexander motion, McAdams second to adopt the ordnance. On
roil call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "Aye," Boyd "aye," Ana Mayor Stephens
"aye." Motion carried unanimously,
0. Council con dered dotion of an orci
designating ands establishing sischoolAe fsty speed zonesanon
portions of Evers Parkway and Garaenview Street and reaucing f
the maximum prima facie Speed limit for such portions of aaio
streets from thirty to twenty miles per hour during certain
hours, }Ii
The following ordirance was consiceredt I
N0. 87-073 !
AN ORDINANCE DESIGNA.ING AND ESTABLISHING SCHOOL
SAFETY SPEED ZONES ON PORTIONS OF EVERS PARKWAY AND
GARDENVIEW
LIMIT S REDUCING
PORTIONS HE OF MAXIMUM
STPRIMA REETS FACIE FROM
THIRTY (30) TO TWENTY (20) MILES PER HOUR DURING
CERTAIN dOURS1 PROVIDING A PENALTY Of A FINE NOT TO
EXCEED TWO HUNDRED DOLLARS (#200.00); PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. {
Rick Svehla, Deputy City Manager, stated that this school zone
was in the area of the Evora Slemer.tary School. At the
time, there were no school speed zones for crossings nearrathe
school. The Citizens Traffic Safety Support Commission
recommended approval.
McAuams motion, Alexander second to adopt the ordinance. Un
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," '
Nor to; "aye," Ay aye, Boyd "aye," and Mayor Stephens
ay:. Motion carer ried unanimously,
t
estaolishing s hlo ding izone nlocated on o the on weut an t steer oif arry
Street.
Of
1 The following ordinance was consideteoj
N0. 97-074 AN ORDINANCE Of THE CITY OF DENTON, TEXAS ESTABLISHING
` i,•,I A LOADING EONS LO.ATRD ON THE WEST SIDE OF FAY STRESTi
PROVIDING FOR 1. PFXALTY IN THE MAXIMUM AMOUNT OF
200.00 FOR VIOLAT104S THERE0F1 AND PROVIDING FOR AN
FFECTIVE DATE,
Rick Svehla, Deputy City Manager, stated that the loading zone
f was for a business on fry Stress and the Citizens Traffic
+6s' Safety support commission recommended approval,
C ~
McAdams notion, Hopkins second to adopt the ordinance, on roll
call vote, MCAaAms Naya/0 Alexander "aye," Hopkins "aye," i'
Gorton aye,on Aysr aye,iBoyd aye," and Mayor Stephens
'aye., Kati tattled unanmously,
t
I. The Council considered adoption of an ordinance
actuarial so~vices~ Company's proposal to provide the City with
I
B
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City of Denton City Council Minutes
April 21, 1967
Page 10
The following ordinance was considered;
r
NO. B7-075
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND THE WYATT COMPANY RELATING TO RISK
MANAGEMENTI APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
~ I
Harlan Jefferson, Risk manager, stated th?t the insurance
industry had changed tremendously. It was necessary to look At
all possible services available. The Wyatt Company was Able to
pi vide the study services to evaluate the requirements of the
C
McAdams motion, Hopkins second to adopt the ordinance. On roll
call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton 'ae," AYer "Aye," Boyd "aye, and Mayor Stephens
"aya," Moytion carded unanimous y.
J. The Council considered adoption of ordinance
setting a date, time and place for pudlic hearings concerning
proposed annexation of approximately 59.1694 acres being part E
Of the S. venter Survey, Abstract No. 13150 C. Chacon Survey,
Abstract No. 290, J. Baker Survey, Abstract No. 47, J. Dickson
Survey, Abstract No. 342, and the A. Cannon Survey, Abstract
No. 232 and located so16cent and South of FM 2181 and east of
i ,
Old Alton Road. (A-46)
The following ordinance was conwiaereo;
t
NO. E7-016
AN ORDINANCE SE'r1'ING A DATE, TIME AND PLACE FOR PUBLIC is
HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN
PROPERTY AS DESCMISED IN EXHIBIT "A" ATTACHED HERETO E; K
BY THE CITY Or DENTON$ TEXAS, AND AUIHORIEINO AND
DIRECTING 'f HE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC
HEARINGS. 1.,
David Ellison, Senior Planner, stated that this was a City of
Denton initiated annexation of a 5001 strip down FM21dl to the
farthest point before the City conflicted with the Cotnith city
,
limits, Puoltc hearing dates would be May S, 1907 and May 120
' McAdams motion, Hopkins second to adopt the ordinance. On roll
i call vote, McAdams "aye Alexander "aye," Hopkins "ays,"
Gorton "eyeAyer "eye," Boyd "aye," and Mayor Stephens
n q+ rt;j "aye." Motion carried unanimously.„
p,} K. The Council considered adoption of an ordinance
' temporarily closing Congress Street between Alice Street and
i Denton street on Friday May B, lW1 and declaring an effective ?}~x
date.
The following ordinance was consideredt
` NO. 67-077
' AN ORDINANCE TEMPORARILY CLOSING CON13AESS STREET
BETWEEN ALICE STREET AND DENTON STRICT ON fAIDAY, MAY
s, 19871 AND DECLARING AN EfVKCTIVE DATE,
.
v
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it A~MV*4
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City of Denton city council minutes
April 21, 1987
Page 11
McAdams motion, Hopkins second to adopt the ordinance. On roll
cell vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," soya "aye," ano mayor Stephens
"aye." Motion carried unanimously.
amending ArticleeICofnChaptera23e of the Code offOrdinsncet1Rof
the City of Denton ("Hotel Occupancy Tax"1 to provide for
penalties for delinquent taxes and interest :barges ,`.or
delinquent taxes to be paid under this section.
The following ordinance was conaideredt
N0. 87-078
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 23 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON ("HOTEL
OCCUPANCY TAX") TO PROVIDE FOR PENALTIES FOR E
DELINQUENT TAXES; INTEREST CHARGES FOR DELINQUENT f
TAXES TO BE PAID I$DER THIS SECTION1 REPEALING ALL
ORDINANCES IN CONFLICT HEREWITHI AND PROVIDING FOR AN
EFFECTIVE DATE.
John McGrane, Executive Director of finance, stated that there
was a lack of enforcement for late payment of the hotel/motel
occupancy tax. This ordinance would allow for a 51 penalty for
lane payment withi the first 30 days, another 51 penalty for
an additional 30 oays, and then an interest rate not to exceed
101 after the 60 days. He felt that this would give the city
an effective enforcement policy to collect those funds.
McAdams motion, Alexander second to adopt the ordinan-e. On
,A p roll call vote, McAdams "aye," Alexander "eye," Hopkins "aye,"
Gorton Neye, Ayer "aye," Boyd "aye," and mayor stephena
aye. otion carried unanimously.
12. Aeaolutions
A. The Council considered a
supporting and endorsing the expeditious establishmentutand
construction of a new controlled access spur freeway.
The following resolution was consideredt
RESOLUTION NO. A87-026
v {
A RESOLUTION SUPPORTING AND ENDORSING THE EXPEDITIOUS
ESTABLISH- MINT AND CONSTRUCTION OF A NEW CONTROLLED
ACCESS SPUR fASEWAY, AND DECLARING AN EFFECTIVE DATE.
t'.x Charles Sheloy, Perot Group, stated that this freeway would De
t1 a controlled access freeway which would connect frill{ with a
135W, The freeway would be good for the area and all of the
is right-of-way had been donated by the Perot Group,
> McAdams motion, Hopkins second to approve the resolution. On
roll call vote, McAdams "ale," Alexander "aye," Hopkins "aye," I
Gorton "aye," Ayer "aye, Boyd "aye," and Mayor Stephens i
"aye." Motion carried unanimously. f
B. The Council considered approval of a resolution
supporting the establishment of a new airport facility,
The following resolution was conslderadi i
r ,1i E
y RESOLUTION NO. A07-027
,E A RESOLUTION SUPPORTING THE ESTABLISHMENT OF A NEW
AIRPORT FACILITYI AND DECLARING AN EYFECTIVI DATE,
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City of Denton City Council Minutes
April 21, 1987
Page 12
Charles Snelby, Perot Group, stated that the property was
located on I35W and FM156. The property was not currently in
the City of Fort wo[th but annexation proceedings were in
progress. The airport would be for business/industrial
aviation only. The Perot Group had donated 300 acres to the
city of Fort Worth and negotiations were currently underway
with the FAA.
Lloyd Harrell, City Manager, stated that the City was sensitive
to the effect that the proposed airport would have on the
Denton Municipal Airport. The resolution was modified to put
the City on record to recognizing the long-range value of the
proposed airport but making the endorsement more general than
other communities might make. The Airport Board had met with
the Perot Group at which time it wee debated what effect the
proposed airport might have on the City airport. Their
conclusion was that the proposed airport, long-range, would be
complimentary to the City's an(, would n)t be a big drain.
McAdams motion, Alexander seccnd to approve the resolution. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "eye,"
Gorton "aye," Ayer "aye," Boyd "aye," ■nd Mayor Stephens %
"aye." Motion carried unanimously.
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C. The Council considered approval of a resolution
authorizing the City's application to the Emergency Shelter
Grants program. 4
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The following resolution was consLaeredc I
RESOLUTION NO, Rd7-02d
A RESOLUTION OF THE CITY COUNCIL OF THE CIYrY OF
DEN'rON, TEXAS, AUTHORIZING THE SUBMISSION OF A 'TEXAS
EMERGENCY SHELTER ';RANTS PROGRAM APPLICATION TO THE
TEAAS LEPARrMENT OF COMMUNITY AFFAIRS AND AUTHORIZING
THE MAYOR TO ACT Ati THE CIfV S EXECUTIVE OFFICER AND _
AUTHORIZED REPAESENIATIVO IN htX MATTERS PER'tAIN1N4 rO
THE CITY'S PARTICI?ATION IN THE EMERGENCY SHELTER
GRANTS PROGRAM.
Elisabeth Evans, Community ilovelopment Block Grant Program,
stated that this Wms a state application which was rushed as
the State had not allowed ads uate time for
v Prepetetton,
y j Friends of the Family and HOPI' would receive the lunge and the
jls City would administer the funds.
Hopkins motion, Alexander second to approve the resolution. On
roll call vote, McAdams "ale," Alexander "aye," Hopkins "aye,"
Oorton "ayeAyer "eye, Boyd "aye," ono mayor Stephens
mays." Motion Cerrito unanimously,
13. Miscellaneous matters from the City Manager
A, The tahulated results from the Council priorities
J1 had been handed out at the work evasion ano those results would
i be considered as the proposed 1981.88 budget was prepared.
s 'da -
y 8, The Flow 'Aemorial Hospital utility Dill was now
at $160,000.00.
1 M,
11, There was no official action taken on Executive
Session items of legal mattera, real estate, personnel and
board appointments.
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City of Denton City Council Minutes
April 21, 1987
Page 13
15. New Business
The following items of New Business were suggested by Council
members for future agendas:
A. Council Member Hopkins reported that the Capital
:mprovemont Fee Study Committee was informed that pending
legislation, if passed, would not be recommended by the
consultants to the City. The impact fee would ae defined in
onl one way immediate at pastr.d The Committee decided to wait uanj see at
the State Legislature was going to do.
B. Mayor Stephens informed the Council that there
would be a joint City Council/County Commissioners meeting on
April 29 at 3:00 p.m. in the Council Chambers, Deleitte,
Haskins and Sells would be presanting their Li,al report to the
joint sessions,
15. Tha Council .•onvened into Executive Session to discuss !
legal matters, real ectatet personnel and board appointments.
More specifically, to consider the designation of an otticial
NCTCOG voting repo tentative for 1947-83 and to considsr the
designation of city representative to the Economic Development
Advisory Board u:der personnel/board appointments. The
' following action was taken:
A. McAdams motion, Hopxina second to appoint Council
E Member Alexander as the official NCTCOG voting representative
d, for the City of Denton, Motion carried unanimously.
a
B. McAdams motion, Hopkins second tr submit for
nomination the name of Council Member Jim Alexander to the
' Executive Board for NCTCW . 1 ?
:
x• C. ^.•[ton motion, Hopkins second to nominate Mayor
Stephens, Council Member Ayer, City Manaqer Harrell, Executive
' Director of Economic Development McKean and a aesignated
representative trom the Public Utilities Board to the Economic
y
Advl_ory Board. Motion carried unanimously,
With no further business, ere meettlg was adjourned at I1:e0
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P.M.
.a
RAY STEPHENS# MAYOR
ry CITY or DENTON, TEXAS
:r
n+ w ^ ` MN1 ER WALTERN
i CITY SECRETARY
1 r C111Y Or DENTON, TEXAS'
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DATE: 05/05/67
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CITY COUNCIL REPORT FORMAT
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City manager
SUBJECT: Public hearing concerning proposed annexation of approximately 69.1694
acres being part of the S. Venter Survey, Abstract No. 1315) C. Chacon
Survey, Abstract No. 298: J. Baker Survey, Abstract No. 47: J. Dickson `
Survey, Abstract No. 342: and the A. cannon Survey, Abstract No. 232,
and located adjacent and south of PH 2181 and east of old Alton Road.
(A-48)
RECOMMENDATION:
A Planning and Zoning commission recommendation will be forwarded
j
after consideration tentatively scheduled for May 13, 1987.
'A
r SUMMARY:
The City Counc:.l requested in October, 1986 that staff prepare docu-
ments. for annexation of property along PM 2181. i'he request came in
conjunction with the submittal of a plat for Skylab Addition. Since
4y~ ( y, r
the property is in the extraterritorial jurisdiction, information was
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submitted to the City Council to consider annexation of the property. 5
Land use alcng the FM 2181 corridor in this Brea became a prominent
W' +w issue when the developers of Hickory Creek Mobile Home Park applied
for plat approval in 1984. The City decided to not proceed with
annexation when the developer pledged to build the park to city of
r o Denton standards. The Jay-Mar Addition, a 5.665 acre site, was plat-
ted in October, 1985 and the property was platted so that Jay-Mar could
~~tif; construct a commercial plumbing office and shop. Skylab Addition was
approved in December, 1986 so that an aluminum fabrication and assembly
plant could be constructed. In addition, the development of commercial
buildings and placement of mottle homes on tracts in this area have be-
Como a common occurrence in the last couple of years, Land use patterns
along PH 2181 south of Hickory Creek Road have reached the point where
annexation may be necessary to prevent unsightly commmerical stripping
of the thoroughfare. The Beautification Task Force has recommended that
PH 2181 be identified as a major entranceway to the City of Denton. k
BACKGROUND:
" The existing city limits is located on FM 2181 approximately 2,500 feet E
north of the Skyfab Addition. The proposed annexation includes a 500 foot w
strip along PH 2181 that will connect the city limits to the boundary be-
tween Corinth and Denton.
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CC Format Sheet - A-48
may 5, 1987 i
Page 2
PROGRAMS, DEPARTMENTS OR GROUPS AFFEcrED:
All departments or divisions responsible for providing basic city
services and property owners included in the annexation.
FISCAL IMPACT:
The impact has not been determined at this time. Fp,
Respoc ly submitted:
F
Loy airel
City arager
i
PreeJpared/by:
y V +~:e
1 +9 Y 1
'x David Elliso
a•1 R „ # Senior Planner _
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App v
Jeff Me
executive Director
fr for Planning and Development r Baia:
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A 8
NOTICE OF PUBLIC HEARINGS ON IMPOSED ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
' f The City of Denton, Texas, proposes to institute annexation i
proceedings to alter the boundary limits of said City to add the I }
territory described in Exhibit "A", attached hereto and {
incorporated by reference herein, to the corporate limits of the
City of Denton.
A Public Hearing will be held by Atyouncil efore the y Council
of the City of Denton, Texas, on theday of
1987, at 7:00 o'clock P. M. in the C Cam er o the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
Place all such persons shall have the right to appear and be l
+ heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice.
A Public Hearing will be held by d b fore the C Council
of the City of Denton, Texas, on the/ day of ,
"Al
r' { 1987, at 7:00 o'clock P. N. in the ti City Council Cam ers the
ar Municipal Building of the City of Centon, Tcras, for all ersons
.,i interested in the above proposed annexation. At said time and
# place all such persons shall have the right to appear and be a'
heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice.
Ft
%jlv
PRENS RAY R
CITY DENTO , TEXAS
ATTEST:
.JE ALTERS Ae"K MY SECRETARY
l '
A-48
041SE126
SKYFAB ADDITION
A-48
ALL that certain tot, tract jr parcel of land lying and being situated in the City and County of 0ento~.,
State of Texas, and being part of the S. Venter Survey, AbSt. No. 1315, C. Chicon Survey, Abst, No. 298,
J. Baker Survey, Abst. No. 47, J. Dickson Survey, Abst. No. 342, and the A. Cannon Survey, Abst. No. 232
and more particularly described as follows;
BEGINNING at a point in the present city limits, said point lying in the Nest boundary line of the tract
described in Ordinance No. b5-43, Tract III, said point also being the southeast corner of a tract
described in Ordinance No. 86-238, said point lying 50,0 fen Ent of and perpendicular to the centerline
of F.N. 2181;
TH,SNCE Southirly`50.0 fast East of and parallel to the centerlfas of said F.M. 2181, along the fast
right-of-way, line of said F.M. 2181, sank being the present city limits the following three (3) courses
and distances; (1) South 46' East, passing at 689.95 feet, the South boundary line of said C. Chicon
Survey, same being the North boundary line of said J. Baker Survsyv continuing for a total distance of
1,452.56 foot to tht beginning of a curve to the left, having a radius of 2,815.79 fast, a central angle
of 4' 53',': chord bearing and length of South 30 12' 30" East, 239.92 feet; (2) Southerly along said
curve to thq I* ft, 239.99 feet; (3) South 5" 39' East, 222.39 feet to point for a corner, said point being
the southwest corner of eha tract described in Ordinance No. 65-43, Tract 111;
THENCE North 64" 21' East, along the South boundary tine of the tract described In Ordinance No. 65-43,
Tract 1110 same being the present city limits, a distance of S.0 feet to a point for corner, said point
f lying 55.0 feet' East of and perpendicular to the centerline of said F.M. 2181, said point also being the
southeast corner of the tract described in Ordfnahce`NO. 65=43, Tr" III;, ,
THENCE Northerly 55.0 feet East of and parallel'to the centerline of said F.M. 2181, same being the
present city limits the following` three 43) courses and distances; 11) North 5' 39' West, 222.39 feet to
the beginning of a curve to the right, having a radius of 2,a10.f9'feet, a central angle of 4" 53', and a
chord bearing, and length of North 3' 12' 30" West, 239.49 feet; (2) Northerly along said curve to the
H gAt, 239.59 feet; (J) North 0! 46" West, passing at 762.5 feet the north boundary line of the J. Baker
Survey, same being the south boundary tint of the C. Chacon Survey, and continuing for a total distance of
1,452,55 feet to 1 point for corner,
S
THENCE North 89' 14' East, a distance of 195.0 feet to a point for corner, said poln• tying 250.0 feet
East Of and perpendicular to the centerline of said F.M. 2181;
THENCE Southeasterly 250.0 feet East of and parallel to the centerline of said F.M. 2ib1 the followu.rg six
i (6) courses and distances; (1) South 00 46" East, passing at 689.95 feet the South boundary line of the C.
J1 fhaeon Survey, same being the North boundary line of the J. Baker Survey, and continuing for a total
distance of 1,452.5$ feet to the beginning of a urve to the left, having a radius of 2,61b.79 feet, a
central angle of 44 $31, a chord bearing end length, of South 3. 12' East, 222.88 feet; (2) Southeasterly
along said curve to the left, 222.94 feat; (3) South 50 39" East, 896.26 feet, a central angle of 85" 060,
a chord bearing and length of South 40 12' East, 1,212.16 feet; 14) Southerly along said curve, 1,702.1
feet; (5) Worth 89' IS' East, for corner, said point lying In the present city limits as established by
Ordinance No. 78-28, said point also lying 10.0 feet west of and perpendicular to the Denton-Corinth i
common jurisdiction line, and the east boundary line of the J. Baker Survey;
THENCE South 1' 30' West 10.0 feet west of and parallel to the Denton-Corinth common jurisdiction line,
same being the present city limits, passing at 185.0 feet the North right-of-way line of said F.M. 2t81,
and continuing for a total distance of 250.16 feet to a point for corner, said I
of said F.M. 2181, same befog the south boundary line of J. Baker Survey, and the Norbthinoundarynlineiof
said A. Cannon Survey;
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THENCE South 10.0 feet Nest of and parallel to the Denton-Corinth common jurisdiction line, same being the
present city limits, passing at 60.0 feet the South right-of-way line of said F.M. 2181, and continuing
for A total distance of 250.0 feet to a point for Corner, said point lying 10.0 feet west of and
perpendicular to the Denton-Corinth common Jurisdiction line, and the East boundary line of the A. Cannon
Survey;
THENCE Westerly 250.0 feet South of and parallel to the centerlfne of said F.M. 21811 Sam being the North
boundary line of the A. Cannon Survey the following two 12) courses and distances; (1) South 890 2S' Nest,
1,117.75 feet; (2) South 89" 15' Nest, 117.95 feet to a point for corner, said point lying to the East
boundary line of the Skylab Addltfoo, and addition to the County of Denton, State of Texas, and filed In
the Plat Aecords of Denton County, Texas, same being the Nest boundary line of the JAyur Addition; y
THENCE South 04 16' 11" West (South 0" 23' tg" fast according to plat) along the East boundary line of
said Skyfab Addition, same being the West boundary line of the Jgvir Addition, a distance of 1,256.46
j feet to a point for corner, said point being the SoutA
9 eest corner of sold Skylab Addition, sear being the
1
Southwest corner of the Jaymar Addition;
f THENCE South 880 49' 254 West (South 894 04' SS' West according to plat) along the South boundary line of
said Skylab Addition, a distance of 339.37 feet to the South corner of' said Skylab Addition,
THENCE North 04 16' 11" East (North 044 23' 19" West according to plat) along the Westerly West boundary
line of said Skylab Addition, a distance of 42938 feet to the Southerly Northwest corner of said SkyfaD
Addition;
~I
THENCE North 88" 46' 36" East (North 64" 07' 06" East according to plat) along the Southerly North
boundary line of said Skyfab Addition, a distance of 169.49 feet to an inner ell corner of said Skylab
Addition;
THENCE North 01 16' 11' East (North 04" 23' 19' Nest according to plat) along the Nest boundary line of
said Skylab Addition, a distance of 828.10 feet to a point for corner, said point tying 250.0 feet Soutn
of and perpendicular to the centerline of said F.M. 2181;
i
THENCE South 89' 15" West 250.0 feet south of and parallel to the centerlfne of said F.M. 2181, same being
the north boundary line of said A. Cannon Survey, a distance of 59.17 feet to the beginning of a curve to
the right, having a radius of 1,396.26 feet, a central angle of BSI 060, and a chord bearing and length of
North 48" 12' Nest, 1,888.40 feet;
THENCE North esterly 250.0 feet Southwest of and parallel to the centerline of said F.M. 2181 the
4 following four (4) courses and distances; (1) Northwesterly along sold curve to the right, passing the
North boundary line of the A. Cannon Survey, time being the South boundary line of the J. Baker survey,
passing the West boundary line of the J. Baker Survey, some being the East boundary line of the J. Dickson
Survey, 2,073.64 feet; (2) North 5' 39' West, 603.3 feet to the beginning of a curve to the right, having
a radius of 3,115.79 feet, a central angle of 4' 531, a chord bearing and length of North 3" 12' 30" West,
265.46 feet; (31 Northwesterly along said curve to the right, 265.56 feet; (4) North 0" 46' Nest, passing
at 854.5 feet the North boundary line of said J. Dickson Survey, same being the South boundary ifne of
said S. Venter Survey, and continuing for a total distance of 1,452.55 feet to o point for corner, said
point lying in the present city limits as established by Ordinance No. 85-238; j
THENCE North 890 14' East along the present city limits, passing at 200.0 feet the West right-of-way Ii fie
of said F.M. 2181, passing at 250.0 feet the centerline of said road, and continuing a total distance of
3004 feet to the POINT OF BEGINNING and containing 69.1694 acres of land.
i
PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, THEREFORE, HE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1. Pursuant to the provisions of Article 970& as
amended, Texas Code Annotated, there is hereby adopted for the proposed
1 annexation area the following plan of service:
I, Basic Service Plan
i
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
' (2) Traffic signals, traffic signs, street markings, f.
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards.
` B. Fire
{sx 4 (1) Fire protc4tion by the present personnel and equip-
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went of the fire fighting force, will be provided
on the effective date of annexation.
C. Water
F i (1) Water for domestic, commercial and industrial use .A.
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 4.09 of appendix A of the code of the r,
City of Denton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sower lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, Texas. ;
E. Refuse Collection
(1) The same regular refuse collection service now pro- ,
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
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Service Plan
Annexed Areas
Page two
F. Streets
i
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, wiil begin in the annexed area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
a 1 sanitation, etc.) will begin in the annexation area "
on the effective date of annexation. `
i H, Planning and Zoning
C~; (1) The Planning and Zoning jurisdiction of the city N'!
.1 will extend to the annexed area on the effective
# date of annexation. City planning will thereafter
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eccompass the annexed area,
f 1 4
1 1
+ y . "1 1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
' established policies of the city.
J. Recreation
(1) Residents of the annexed area may use all existing
E recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed 1i expanding
enthe larged r eity,nal program and
facilities
K. Electric Distribution
(1) The city recommends the use of City of Denton for 1'
electric power.
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Service Plan
Annexed Areas
page three
t
L. Miscellaneous f
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
Ii. Capital Improvement Program (CIP)
z, The CIP of the City consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
lines as:
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
r of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities.
} it
r,. (2) Impact cn the balanced growth policy of the city. IEf
' (3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
t the date of annexation. In this new CIP planning year the
A-~'<" I, v annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
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ANNEXATION SCHBDDLK
A-48
April 130 1987 Submit City Council agenda item
April 15-'1987 Submit City Council agenda back-up
i April 21r 1987 City Council sats date, time and place
for public hearing
April 22, 1987 Notice to Denton Record Chronicle for f
first public hearing j"
✓ April 24, 1987 Publish notice and mailout for first
public hearing
I j
April 27, 1987 Submit City Council agenda item
,
April 29, 1981 Submit City Council agenda back-up
April 29, 1987 Notice to Denton Record Chronicle for
second public hearing
r
May 1, 1987 Publish notice and mail out for second
+ public hearing
May 4, 1987 Submit City Council agenda item
May 5, 1987 City Council holds first public hearing
at regular meeting
f vj
ft" r May b, 1987 Submit City Council agenda back-up
May 12, 1987 City Council holds second public
' hearing at special called meeting
l s -
May 13, 1987 Planning and Zoning Commission makes „ 'fk
recommendation
may 250 1981 Submit City Council agenda item
h 1 ~
May 270 1987 Submit City Council agenda back-up
,I y M June 20 1987 City Council institutes annexation
4 , + proceedings at regular meeting
June 30 1987 Ordl%anee to Denton Record Chronicle
June 5, 1987 Publish ordinance
V June 29, 1987 Submit City Council agenda item i
July 1, 1987 Submit City Council agenda back-up
' July 7, 1987 Final action by City Council at regular
meeting
eYf
s Denotes action by the City Council
09648
X
a
DATE: 05--~05-8877
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council (J` ~J
FROM: Lloyd Harrell, City Manager
f SUBJECTS PUBLIC NEARING FOR H-36 AND ADOPTION OF ORDINANCE
III ~
1 RECOMMENDATION: t
The Planning and toning Commission recommended approval of H-36 by a
vote of 7-0 at its meeting of March 25, 1987.
SUMMARYS
This is a request for an individual historic landmark designation on
t a a multi-family (MF-1) zoned tract located at 928 Hest Hickory Street.
' BACKGROUND:,
This property is worthy of historic designation due to its a
architecture, its association with the Aeyzor family, and its
Inclusion in the Oak-Hickory Historic District.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
- g i
FISCAL IMPACTS'
4R'~;'ys M1,~y 't'here is no impact on the general funs.
Respect ly aubmittedi
r.
oY e
City anager
Prepared bye
y aVm Denise Sp ve
S~N ,n ~ Urban Planner
Appro
Jeff Hey
Grow
Executive Director for
apt Planning and Development
~y rl i
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' PLANNING AND ZONING COMMISSION
REPORT TO THE CITY COUNCIL
E To: Denton City Council
Case No.: H-36 Meeting Date:- May 5, 1987
GENERAL INFORMATION
Applicant: John A. Kimmey j
928 W. Hickory
Denton, Texas 76201
Status of Applicant: Owner
1 Historical landmark (H) zoning {
} Requested Action:
designation. ~
Location and Size: An 11,880 square foot tract located
at 928 W. Hickory Street
Surrounding Land Use
and Zoning: North - single Family Residences
S SF-71 MF-1
South - Single Family Residence,
Apartmentst MF-1
East - Single Family Residences MF-1
West - Single Family Residences MF-1 ~r.
Denton Development Guide: Low Intensity Area
SPECIAL INFORMATION f`
7 ~
VX,
Article 28 A-1 of the City of Denton Zoning ordinance defines
a historic landmark as any building, structure, site, district,
area of architectural, historii:al, archeological or cultural
importance or value, which the City Council determines shall
be protected, enhanced, and preserved in the interest of the
culture, prosperity, education and general welfare of the people. f
Section 28 A-2 of the pabove urposes eofrtheehistoricaleprdeclares as
eservation
policy the following p p
ordinance:
1. To protect, enhance, and perpetuate historic landmarks
which represent or reflect distinctive and important
elements of the City's and State's architectural,
f archeological, cultural, social, ec,)nomic, ethnic,
and political ',istory and to develop appropriate
settings for such places.
r
iCase H-36)
Page Two
SPECIAL INFORMATION (Continued)
2. To safeguard the City's historic and cultural heritage
as embodied and reflected in such historic landmarks by
appropriate regulations.
3. To stabilize and improve property values in such
locations.
4. To foster civic pride iii the beauty and accomplishments
of the past.
5. To protect and enhance the City's attractions co tourist
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, prosperity, education, and general welfare
of the people of the City and visitors to the City.
! f
ANALYSIS
The house located at 928 W. Hickory Street is worthy of historic I
r
" designation for the following reasons: p
1. This house was built in May and June of 1912 by J. Fred
Rayzor, son of James Newton Rayzor whose family moved to
'a Denton County in the 1870s. The Rayzor family has been
an integral part of the history, development, and growth
of Denton County for over one hundred years.
2. This house is representative of a particular style os f
:.`.P architecture. According to Peter Flagg Maxson, Chief i 5
Architectural Historian of the Texas Historical Com-
mission, tie house is a good example of the American i'
four square style of architecture, and is sometimes
< referred to as a Pyramid House due to its roof con-
figuration.
3. This house is included in the Oak-Hickory Historic
District. The preservation of this early twentieth
century structure and neighborhood is important to the
history and architecture of the City of Denton.
RECOMMENDATION
The Historic Landrtark Commission recommended approval of H-36
by a vote of 6-0 at its meeting of March 91 1987 and felt that
the structure met the following criteria for historical (H)
designation:
(Case H-3b)
Page Three
RECOMMENDATIUN (Continued)
A. Embodiment of distinguishing characteristics of an
i. architectural type or specimen. i
B. Relationship to other distinctive buildings, sites, or ~
areas which are eligible for preservation according to a
1 plan based on architectural, historic, or cultural motif. j
C. Identification with a person or persons who significantl
contributed to tht culture and development of the City,
State, or United States.
D. A building or structure that because of its location has
become of value to a neighboraocd, community area, or :k
the City.
E. Vaiue as an aspect of community sentiment or public
pride.
F. Character, interest, or value as part of the develop-
ment, heritage, or cultural characteristics of the City
. ~
of D tates.
enton, State of Texas, or the United S
R The Planning and Zoning Commission recommended approval of
H-36 by a vote of 7-U at its meeting _i March 25, 1987,
ALTERNATIVES
~F w
a 1. Approve petition
2, Deny petition
~t
SSS\llli f f I T I K ' t" ATTACHMENTS
r
1, Location Map
F 1
2, Petition ,
3. Historical Summary
YA a++ 4. Reply Form Totals
5. Property Owner List
6. Minutes of Historic Landmark Commission meeting of
March 9# 1987.
7, Minutes of Planning and Zoning Commission meeting
~15"~ of March 25, 1987.
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PETITION FOR HISTORIC LANDMARK DESIGNATION TO THE HISTORIC LANDMARK
COMMISSION, PLANNING & ZONING COMMISSION, AND CITY COUNCIL OF DENTON, TEAS:
t j I/VA, the undersigned, owner( of, or party O with financial interest
all property herein described, do hereby file this m
Ylof~r petition,
asking that the said property be designated as a historic landmark under
Y f
the provisions of Ordinance #80-30 of the Code of Ordinances of the City ~
of Denton, Texas. The said property is located at
928 W. Hickory Street
i
and is more particularly described as follows:
All that certain tract or ?arcel of land situated i
f ski Survey, Abstract 9961 City and County of Dentonn Tthe E4 Puch
exas, beingl-
part of a certain tract described in a deed from David Kittrell
to John Franklin Miller III, on September 7, 1976, recored in f
. + Vol. 803, Page 26, Deed Records of said County,
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I/~ herewith tender the filing fee of sixty-five (65) dollars.
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s` r I/ i authorize the City of Denton to place a sign or signs on the above f
property for public notification of the proposed historic des gnation,
F~6 u Vie:
E{ 4 Name
Addre s 928 W. Hickory
s X y
cl, City Denton,
State , ~ Texas EE
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Phone 387-8725
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Submitted this day of 198
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1:ISTORIC LANDMARK ZONING PETITION
City of Denton, -
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SITE ADDRESS. 928 t4est Hickory St.
CITY LOT d BLOCK OR LEGAL DESCRIPTION:,.
100 x 120 lot, hart of the E. Puc -
sTciu'rvey, i s ract ity 6 o.
o ern on,-Texas, eing a oar o a
certain tract escri el in a ee
rom David--K i re. to o n 111 E' r,
e , recor e(
. e e e F
county. ing a family
PRESENT USE:dwel i nq ZONING: MF-1
CONSTRUCTION/DESCRIPTION:One story, 6
room frame home built in
the n
eri-
can oursquare st a 1a so called a
Pyram", 1100-ST See a ac e e er
CONDITION:
EXTERIOR: Good INTERIOR: Good 1
(GOOD, FAIR, R !I
PRESENT OWNERS ADDRESS •z+wcava.r.
John A. Kimmey, Jr. 928 11. Hickory St. NUMBER
387-8723
DATE BUILT: 1912 DATES AND EXTENT OF ALTERATIONS/ADDITIONS:
1 (lone of imourtance to )resent appearance Resturation
786.
9
CHIT~t UI ERs
ORIGINAL 0 R:
ARCHITECTURAL STYLE OR PERIOD WITH DESCRIPTION OF ANY INNOVATIVE DESIGN, FEATURES,
i DETAILS, MATERIALS OR CRAFTSMANSHIP, Sunaalow in the Americas Fo r-
Sauare stvle._also calla Pvramill Ho L;"Cl.
NATIONAL REGISTER? NATIONAL LANDMARK? RECORDED T~gAS LAND1
LOCAL SURVEYS Ott RECOGNITION? The hou'se' is In the Oak-Hickory Hi;tortr
District
ADD ADDITIONAL INFORMATION TO SUPPORI CLAIM IN CHECKED CATEGORY.
3, 51 11, 12, 13
F T~ y
CURTTS TUM149ELL
EXECUTIVL DIRECTOR
} TEXAS HISTORICAL COMMISSION k;
AUS11N. TEXAS 78711 (5111475.3093
~ f.O.BOX 1=276
4 November 1986
Mr. Hike Cochran
City of Denton Landmark Commission
609 West Oak Street
Denton, Texas 76201
Dear Mikes
Thank you for your recent inquiry regarding the Hickory Street portion
of the Oak-Hickory Historic District in Denton, Denton County.
The twenty photographs which you provided indicate a good concentration
of earl 20th century residences designed and built in popular styles of the perils.
at 920 West Hickory
r
A variety of architectural styles are represented. The house
' V. good example of a late Queen Anne style cottage, while 818 West Hickory demonstratea
'i Jacobetban Revival Influence. There is a good exam le of the American rF ersquare style
at 804 West Hickory, as well as its one-story countse oar 1--
The real glory vL
25 a P,-......~ Ho_u.s-e. ry -.---9 os ----er_ tionT at 928 Wen Hickor-.
cvu ~ad
c
the street is in its bungalow 314 West is ry is one good example and 1002 West
y
Hickory another. The house at 902 West Hickor has.a small second floor which would
classify it as an unusual Airplane Bungalow, and 916 West Hickory is a very fine
craftsman Bungalow. A few structures such as the houses at 800 and 912 West Hiclory
have had unsympathetic alterations, but there appear reversible and the houses con-
much significant historic fabric.
I would also add that while traditionally the more spectacular Historic
Districts were the first to be placed on the National kegister of Historic Places,
such as San Antonio's King William or Jefferson, early twentieth century neigh-
borhoods such as this are increasingly recognized as important to the history and
architecture of Texas and their communities. The Swiss Avenues are important but do `
not reflect how most of our great grandparents lived. Not long ago we listed the
primarily Bungalow/American Fouraquare Winnetka Heights Historic District in Oak Cliff
in Dallas, and others have been approved in Georgetown, Cisco, Paris, Fredericksburg,
San Antonio and other Texas cities. We feel that neighborhoods such as these will
f grow in importance as time goes by if respected.
Thank you for your consideration.
`I Yours truly,
P~ X09
<
cc: The Hon. Ray Stephens Peter Flagg Ffaxson
Chief Architectural Historian
4 970 S A24-4 r;#0Uy106 ✓~r
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JOHN A. KIMMEY, JR. HOME, 928 W. HICKORY
SUPPORTING DOCUMENTATION
LEGAL DESCRIPTION:
All that certain tract or parcel of land that is situated
in the Eugene Puchalski Survey, Abstract No. 996, Denton
County, Texas being a portion of a lot deeded by David
Kittrell et ux to John Franklin Miller III on the 7th day
of September, 1976 and recorded in wilume 803 page 26
deed records of Denton County, Texas, and being more fully
' described as follows:
Beginning at an iron pin at the southwest corner of said
lot on the north right-of-way of West Hickory Street:
Thence north 00 degrees 26 minutes and 30 seconds east
along the West boundry line of said lot a distance of 120.80
' 'feet to a found iron pin and fence corner at the southwest
corner of a 0.038 acre tract described in a deed from John
71 11 r Franklin Miller III to Rollin Sininger and recorded in
1. volume 1185 page 919 deed records of Denton County, Texasl
Thence south 89 degrees 47.minutes and 26 seconds east with
a fence a distance of 99.00 feet to a found iron pin and
fence corner at the southeast corner of said 0.038 acre
tract and on the east boundry line of said lot from David f;
Kittrekk to John Franklin Miller III=
C4 G g
+~r- + Thence south 00 degrees 24 minutes and 12 seconds west a
distance of 120.43 feet to an iron pin at the southeast
corner of said Miller lot on the north right-of-way of or,a . West Hickory;
Thence north 90 degrees 00 minutes and 00 seconds west along
fJ the north boundry line of west Hickory Street a distance of
99.89 feet to the point-of-beginning.
There were four lots in this tract of land originally.
f"y Two facing Hickory Street and two facing Oak Street. J.
Fred Rayzor built his one story, six room frame home at
928 W. Hickory Street in may and June of 1912 for a cost
of $20400.00. Another house was built on Hickory Street.
Two houses were built on the lot east of the J.N. Rayzor ,s
home at 1003 West Oak Street.
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CRITERIA TO BE USED IN HISTORICAL LANDMARK DESIGNATION
s
3. The house is an example of American Foursquare archi-
tecture. This example is also called a Pyramid House. ;
Please see the attached letter from Peter Flagg Maxson, '
Chief Architectural Historican of the Texas Historical
Commission.
6, 12, 13. The house is in the Oak-Hickory Historic €
District and as such has an historical value for *ha area
and the community as a whole.
11. The house was built in May and June of 1912 by J. Fred
Rayzor, son of James Newton Rayzor whose family moved to ;
Denton County in the 1870's. The Rayzor family have been
" Y 1 1
an integral part of the history, development and growth
of Denton for over a hundred years.
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{ PROPERTY OWNER REPLY FORMS
CITY COUNCIL j
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H-36
IN FAVOR IN OPPOSITION 'INDECIDED
1
Rollin and Barbara None Received
Sininger
1003 West Oak
Denton, TX 76201
John F. Miller III
2127 West Oak
tx Denton, TX 75201
Penny Edvean
1000 West Hickory
p~! a Denton, TX 76201
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Minutes
Historic Landmark Commission
March 9, 1987
The regular meeting of the Historic Landmark Commission of the City
of Denton, Texas was held on Monday, March 9, 1987, at 4:10 p.m., in
the Civil Defense Room of the Municipal Building.
j Present: Randall S. Boyd, Mike Cochran, Catherine Conrady,
Samuel Marino, Sandra Matthews, and Too Miller
< Absent: Robert Albrecht, Gaylen Flckey, and Bullitt Lowry
Present from Staff: Denise Spivey, Urban Planner; Elizabeth Evens,
Community Development Manager; Barbara Ross, Community
Development Coordinator; Joe Morris, Assistant City
- Attorney; and Olivia Carson, Secretary
Chairman Mike Cochran called the meeting to order.
1. Minutes
It was moved by Mr. Merino, seconded Dy Mr. Miller and
unanimously carried (6.0} to approve the minutes of the
regular meeting of February 9, 1987.
.
It. Public Hearing
> -36. Request of John A. kimmey for historic designation
at728 Nest Hickory Street.
Chairman Cochran opened the public hearing.
PETITIONER: Jahn >lnmey, ovner of the propertyy at 929 West
Hi ry, stated that the house is in the Osk•Hickory Historic
District and that such buildings are in line with the way onr
M ancestors lived. He said that such buildings should be pre-
served. Ther. Is little la our lives that Is stable and the
houses in the district should be recognised. Nr. kimmey stated
that he is not a native of Denton but plans on remaining here
n and that he wishes to preserve the past. He said that he has k~l t not been able to contact the Raytor family which originally
owned the house, but he hopes to obtain photographs of the
house from them that were taken around the time the house was
built. He sold that he does not think there have been any
changes to the structure except in the front porch. He further
a p stated that he wishes to restore the house and will do what is
within his budget to ensure authenticity.
F.
R t
IN FAVOR: None present.
' OPPOSED: None present.
s
STAFF REFORr: M?. Spivey stated that the property at 928 Nest
c oAlry is ifthin 'he oak•H;ckory Historic, District. Based on
°a comments by the Chief Architectural Historian of the Texas
Historical Commission that the house Is a good example of the
r° American Foarsquarc style, staff recommends approval of the
gr4 request for historic designation.
li' u r Chair declared the public hearing closed.
A.II`` rr DISCUSSION: Mr. Miller stated that it is commendable of
Fir Mmey that he nominated the house for historic desig-
nation and that it is indeed a nice representotive of the
a z^ American Foursquare style. It is not a bungalow as is stated i.,
+ on the application. He said that he did have one reservation
and presented pictures to tha Commission. He said that the
porch stoop roof added on the east side is not in character
with the rest of the house. The porch on the west side is in
r la °s` , character; the boxed c>rnice and square columns are similar r+
'g to the front porch, and the friers goes all the way around the
.X
,i
D
HLC Minutes
March 9, 1987
Page 2
.
house. The porch on the east side appears to have becn
installed in the bungalow period 10 or 12 years miter the F
houso was built. It has a Sracket cut of the wall and exposed tt}
rafters. the porch roof should be removed or remodeled so
rhymes with
and closed lcor-
nice , and the porch roof negates that. Otherwise, the house q
is acceptable for historic designation.
% Mr. Cochran asked if the porch was added before 1957. /
Mr. Viller said yes and that all of the houses have been added
to but the reason for historic designation is to preserve the
past as it was. A later addition is not represtntative of the`
way it was.,
i
Mr. Cochran stated that the classic vision pea ]e have of his
own house is from the addition of the arc p
h i
orliinally a square box. N he house was Mr. biller stated hat Mr. Cochran 's house was a designation
i of the remodeling.
Y:.'.
?
Mr. Boyd stated thit he agreed with Mr. Miller but that tLero E-At
^ ere circumstances to which the addition was added so long ego
that it has historic value in itself. He cited the Scripture 4
building as an example. The building was remodeled to restore l f.
,F authenticity but the eeiliny from a later addition was retained
because it had a separate historical character. He said that
1 { ~N
he felt the house at 928 best Hickory should be recommended
I~t,#gif for historic designation and that Mr. kimmey should be encour• !~*f`
7 1a aged to remove or remodel the pcrch.
n'< Mr. Cochran asked if the side door was added.
{ Mr. Miller said that it appears to be original because it isF
j" trimmed out the same. c e 4ap
r Mr. Boyd said that the porch is not the same qualityy as the
rest of the house but that he thinks that a house should not
,S ys be denied designation because it has had work done on it that
S ! a is inappropriate.
M
s. Conrady asked hcw difficult it would be to tear the parch
out.
V+.
n r a .~r• Mr. Miller avid that it would not be difficult but that the
~Y ¢C " slope dictates jacking tie edge up so that the new frieze
board would not be below the window.
~ s 1
Ms. Conrady asked if the same roof could be preserved by just
jacking It up to change the r'ngle.
Mr. Miller said that is Is disturbing to have an irrelevant
structure.
" Ms Conrady stated that she liked Mr. Boyd's idea of encour-
aging preservation. The owner cnn correct the angle of the
Is 1,k"lrr ~f~ slope.
h v Mr. Miller said that If the exposed rafters were changed to
boxed cornice the porch would have ,note integrity,
5i
Mr. Cochran asked about the railing on the front porch.
Mr. Kimmey replied that John MI''. a
installed the railing, previous owne r hs Q
Mr. Miller had told him that ~e tried
r to follow the original pattern. Mr. tiamey said that he hoped
to obtain Chotographs of the original extcrlor in order to
verify outhhenticity.
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.
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}
HLC Minutes
March 9, 1987
Page 3
Mr. Boyd stated that photographs attached to old City tax
records might be +elpful in establishing the orlgins l condi-
tion of the house.
Mr. Cochran stated that these records are in the watehouse and
that he has permission to get them and take them to the County
Historical Commission.
j DECISIGN: Mr. Boyd moved tc recommend that the property at
k 3 fMssY Hickory Street be designated historic as it meets the
follo0ng criteria end that Mr. K'mmey be encouraged to remove
or remodel the east porch so that It will conform to the over-
all architecture of the houses
A. Embodiment of distinguishing characteristics of an
architectural type or specimen.
B. Relatirnship to other distinctive buildings, sites, or
areas which are eligible for preservation according to a
plan based on architectural, historic, or cultural motif.
r~ x C. Identification with a person or persons who significantly
contributed to the culture and development of the City,
a St'. to or United States. '
D. A building or structure that because of its location has
become of value to a neighborhood, community area, or the
Cl ty.
E. Value as an aspect of community sentiment or public pride.
F. Character, interest, or value as part rf the development,
heritage or cultural characteristics of the City of
Denton, Atate of Texas, or the United States.
t ~-4 ¢ A Seconded by Mr. Marino.
,a k F'
y Mr. Miller said that he is willing to accept the motion with
tk the recommendation because Mr. Kimmey had indicated that he
dI is willing to remodel.
y P
i ' Ms. Conrady asked if historic designations had been accepted
u r y
with reservations before.
Mr. Miller answered that the house on Bolivar had been accepted
t, with the condition that the screens be tinted dark.
a Mr. Marino commented that he felt the addition was old enough
x f: to have historical integrity.
cJt
ri Roll call vote:
p'
Randall Bo d - Aye
Catherine Conrady - Aye
x Mike Cochran - Aye
Samuel Marino - Aye
Sandra Matthews - Aye
~i Tom Miller - Aye
Motion unanimously carried (6.0)
t`e 'M, <,k• Ms. Spivey stated that a letter will be sent to Mr. Kimmey
informing him of the decision and date of public hea
IV ring
.
, before the Planning and Zoning Commission. Assumin a
positive recommendation by the Planning and Zoning Com-
mission, the City Council will also hold a public hearing.
Mr. Cochran stated that he is glad Mr. Kinney applied for
historic designation as Hicaory Street is in greater Jeopardy
a than Oak. Mr. Cochran eFpressed hope that Mr. Kimmey will
proudly display his historical marker and inspire others in
the neighborhood.
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14
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Ml nutes
Planning end Zoning Commission
March 25, 1987
The regular meeting of the Planning and Zoning Commission of the
f City of Denton, Texas was held on Wednesday, March 25, 1987, at
SS00 p.m., in the Council Chamber of the Municipal Building.
Present: Euline Brock, ill ClaiHoborne, Ruby Cole, k. B. Escue, Jr.,
Ivan GlasscockB, Judd lt and William Kamm"
Absent: None
Present from Staff: Jeff Meyer, Director of Planning and Develop-
mentl Denise Spivey, Urban Planner, Cecile Carson, Urban
Planner; Joe Morris, Assistant City Attor,.ey; Jerry Clark,
City En - sneer; Srini Sundaramoorthy, Civil Engineer; and
I Suss-6 M4tchell, Secretary
Chairman Bill Claiborne called the meeting to order.
I. MINUTES: It was moved ty Mr. Escue, seconded by Ms. Brock i
an unanimously carried 7-o) to approve the minutes of the
regular meeting of March 11, 1987.
11. CONSENT AGENDAS It was moved by Mr. Escue seconded by
r' pr. U asscock and unanimously carried (7.0~ to approve the
Y consent agenda as follows: -
A, Recommend approval of preliminary plat of the
Beaty Addition, Lot It block 1.
r,
B, kecommend approval cf preliminary plat of the
a , 3J J Grace Temple Baptist Church Addition, Lot 1, Block 1.
C. Adoption of resolution appprevtng vacation of the plat of
Las Fsoradas Phase I Subdivision to the City and County of
Lenton, Texas.
1lI. Public Hearings
r.
A. 5.191. Petition of Terry and Cathleen Sexton requesting e
sp~fic use permit in a two-family (2•P) toning district
at 1019 Congress Street. The property it further described
as all of Lots 3 and 4 and the west 25 feet of Lot 2 of the
;r. High School Addition. If appproved, the specific use permit
will oilow the development of two residential units on the
upper floor and ISO child capacity day core center on the
lower floor.
Seconded
carried table. 0).
Mr. kscut s. Cole moved
action remove unnimously from
by M
Mr. Claiborne stated that 5.191 has been formally requested
by the petitioner to be withdrawn. He said that this Item
w will not be considered by the Plannin and Zoning Commif-
1 lion, lie added that the petitioner wtli have to start from
the beginning and if the petitioner reElles the property
yfa '.L l owners within 200 feet will again be notified. a sail
that he apologited for the Inconvenience.
V y
Mr. Escue moved that S•191 be withdrawn. Seconded by
Ms, Cole and motion unanimously carried (7.0).
P
B.T H-36. Petition of John A. Klmmey requesting historic
Tan'dmitk (H) designation at S:8 West Hickory Street, E
The property Is further described as an 11,880 square
' foot tract in the B. Vuchaliki Survey, Abstract 996.
Eighteen notices were mailed to property owners within 200
feet; four reply Eorms were received In favor, no reply
forms were received in opposition,
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P 6 Z Minutes
March 2S, 1987
Page 2
PETITIONER: John Kimmey, 928 west Hickory, stated that he
e t t ere needs to be Dore people interested In preserving
the past. He said that there Is precious little remaining
from our past in the city. He said that he would like
others to know that there are people who are interested in
reserving the past for future generations. He said that
he simply enjoys living in older homes and wants to see it
preserved and maintained long after he is gone. He added
that displaying a plague if app raved would be making a j
public statement that thls house is ppart of the past and
for others enjoyment. He felt that it is his stewardship
to ensure through this process that the house is sowehow
maintained,
IN FAVOR: John Miller stated he owned the house
mme a ely to the east and property on lots 7, 15, and
16. He said that he sold the house to Mr. Kimmey in
December and Is In favor of historic designation. j
Mike Cochran, Chairman of Historic Landmark Commission 1
stated that he came to the meeting to urge the Comnission
to appprove this petition for a number of reasons. He said
that he felt the structure is architecturally important,
fie said that the letter from Peter Maxson in the back-up
mentions the importance of the architectural structure, a
f t He said that this is exactly the type of action the the
IILC hoped to encourage with the creation of the historic
+ district.
Fir, Holt asked about the effects of historic designation.
Mr, Cochran stated that the effects are small. He said
tloat onll SIt of the property in the Oak-Hickory Historic i.
" Llstrict needs to be historic for creation of a historic
' district, he said that it the tax abatement ordinance is
oa~
passed by the City COUnCII there will be pore benefits.
OFF'eStL; `lone present.
+ I
STAFF REPORT: Hs. Spivey stated that the house at 928
std West Hickory is worthpp of historic designation for the
following reasons: 1) the Raynor family (builder of the
house) has been an integral part of the history, develop- s
merit, and growth of Lenton County for over one hundred
years; 2) the house is representative of a particular
style of architecture as pointed out by Peter Maxson, f
Chief Architectural Historian of the Texas Historical 4
Commission; and 3) the house is included In the Oak-
Flickory historic District. She added that the historic
Landmark Commission recommended approval of 11.36 by a vote
of 6.0 at Its meetlnp of March 9 1987 and felt that the
structure met the criteria for historical designation,
REb01IAL. None offered. j
' f
Chair declared the public hearing closed.
" e D W SION: Ms. Cole moved to recommend apyrovai of H•36.
r, ± Seconded by Mr, Molt and motion unanlmousty carried (7.0),
C, S-192. Petition of Lynn and Jerome Co•t requesting ap
prcvaI of a specific use permit in an agricultural (A)-
district at 35US Teasley Lane. The property is further
a r+ i described as a 173,3 acre tract In the J. Fisher Surveys
Abstract 1210 and is also known as the Sundown Ranch, if
approved, the sppecific use permit will allow the develop.
ment of a trainJng park for horses to include the following
facilities.,
1 Training Track
l,'I boarding Stables • 120,000 sqquare feet
Maintenance/Office Space L1,000 square feet.
I *1U10
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1 EXHIBIT "A"
ALL THAT CERTAIN TRACT OR PARCEL OF LAND THAT IS SITUATED IN THE
EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 996, DENTON COUNTY, TEXAS
BEING A PORTION OF A LOT DEEDED BY DAVID KITTRELL ET UX TO JOHN
FRANKLIN RECORDED IN MILLER VOLUME II II OH THE 26 t DEED YRECORDSSEPTEMBER
DEATON COUNTYD
TEXAS, AND BEING MORE FULLY DESCRIBED AS FOLLOWS;
BEGINNING AT AN IRON PIN AT THE SOUTHWEST CORNER OF SAID LOT ON
THE NORTH RIGHT-OF-WAY OF WEST HICKORY STREET,
i
THENCE NORTH 00 DEGREES 26 MINUTES AND 30 SECONDS EAST ALONG THE
WEST BOUNDARY LINE OF SAID LOT A DISTANCE OF 120.80 FEET TO A I
FOUND IRON PIN AND FENCE CORNER AT THE SOUTHWEST CORNER OF A
0.038 ACRE TRACT DESCRIBED IN A DEED FROM JOHN FRANKLIN MILLER
III TORLLIN SWINCnUNTY, GER AND TEXASRDED IN VOLUME I18S PAGE 919 DEED
RECORDS O
THENCE SOUTH 89 DEGREES 47 MINUTES AND 26 SECONDS EAST WITH A
FENCE A DISTANCE OF 99.80 FEET TO A FOUND IRON PIN AND FENCE
CORNER AT THE SOUTHEAST CORNER OF SAID 0.038 ACRE TRACT *11D CH
THE EAST BOUNDARY LINE OF SAID LOT FROM DAVID KITTRELL TO JOHN
'FRANKLIN MILLER 1111
r THENCE SOUTH 00 DEGREES 24 MINUTES AND 12 SECONDS WEST A DISTANCE
a OF 120.13 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER OF SAID
" HILLER LOT ON THE NORTH RIGHT OF-WAY OF WEST HICKORY;
THENCE NORTH 90 DEGREES 00 MINUTES AND OD SECONDS WEST ALOIIG TIIE
NORTH BOUNDARY LINE OF WEST HICKORY STREET A DISTANCE OF 99.89
w
FEET TO THE POINT-OF-BEGINNING
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H-36
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NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DLEIGNATING THE PRO-
PERTY LOCATED AT 928 WEST HICKORY STREET AS A HISTORIC LANDMARK
UNDER ARTICLE 28A OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Historic Landmark Commission and the Planning
and Zoning Commission of the City of Denton have recommended that
the property herein described be designated as a historic land-
mark in the City of Denton; NOW, THEREFORE,
i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. That the property located at 928 West Hickory
Street, being more particularly described In Exhibit A attached
hereto and Incorporated herein by reference, is hereby designated
as a historic landmark under Article 26A of the Comprehensive
i Zoning Ordinance of the City of Denton, Texas.
SECTION It. That said property herein described shall be
indicated upon the zoning map of the City of Denton as a historic w'.
landmark by the letter 411, and the property herein described
shall be subject to all of the terms, provisions and requirements
a: of Article 28A of the Comprehensive Zoning Ordinance of the City
of Denton, Texas, and such designation shall be in addition to
any other use designation established in the City's zoning
ordinance applicable to such property.
SECTION III. Any person who shall violate a provision of
this ordinance, naance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thoreunder, shall be guilty of a misdemeanor punishable b a fine
not exceeding One Thousand Dollars ($1,000.00). Each such person
shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this
ordinance is committed, or continued, and upon conviction of any
such violations such person shall be punished within the limits
above.
SECTION IV. That this ordinance shall become effective
fourteen 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,
' j
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4
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Texas, within ten `
the official newspaper of the City of Denton,
i (lo) days of the da-y of its passage 1986.
1
{ PASSEL) AND APPROVED this the day of
1 I
R
MAT
a RAY STEPHE S,
CITY OF DENTON, TEXAS
I 'S 1
ATTEST'
( 'r I
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CITY OF DENTON, TEXAS
@~IV, G 41K
APPROVED AS TO LEGAL FORM: "
l"Y DEBRA ADAMI LRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
.
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/PAGE TWO
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DATE: 05/05/87
CITY COUNCIL REPORT FORMAT
TOs Mayor and Members of the City Council
FROM: Lloyd Harrell, City Manager
I l
I SUBJECTS PUBLIC HEARING FOR L-1853 AND ADOPTION OF ORCINANCE
RECOMMENDATIONS
The Planning and Zoning Commission voted to recommend approval of
a E-1853 by a vote of 6-1 at its meeting of March 25, 1987.
I
. I
SUMMARYs
This is a request for a planned development (PD) for office use
on an 0.47 acre tract in an MF-1 district located at the northwest ri
corner of Carroll Boulevard and West Oak Street.
r This proposal will upgrade the site's traffic circulation and result ,
7 r+ in a slight reduction of intensity for the area.
afr PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDI~' 'a
K Not applicable.
`'SRS FISCAL IMPACTS
There is no impact on the general fund.
40t, ully subm t ds
o ;
BarrelI
t'
Prepared bys anager
Alm
ise Sp- i eyv
Den
Urban Planner
r t . ,rc s APP e '
4♦ ••t
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w `Jeff Me
executive Director for
Planning and Development
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PLANNING AND ZONING COMMISSICN
REPORT TO THE CITY COUNCIL
{ I
TO. Denton City Council
i
Case No.: Z-1653 Meeting Date: May 5, 1987 {
GENERAL INFORMATION
f Applicant: Burke Engineering
i 417 S. Locust, #105 i
Denton, Texas 76201
Status of Applicant: Engineer
Requested Action: Chang: in zoning from the
multi-family (MF-1) district to the R,
planned development (PD)
classification for office use and
approval of a detail plan.
Location and Size: An 0.47 acre tract located at the
' northwest corner of Carroll Boulevard
and West Oak Street.
Surrounding Land Use
r rr and Zoning: North - Retail, offices: MF-l, PD
South - Offices: NS ;
East - Officesi C
West - Apartments, single family
residencesy MF-1, SF-7
;•`r Denton Development Guide: Low intensity area
SPECIAL INFORMATION
Transportation: This property is located at the
a corner of a primary major arterial,
s Carroll Boulevard, and a secondary
All major arterial, West Oak Street. An k
existing driveway at the northeast
sr, corner of the property will be used
for exit purposes only. An existing
drive approach on West Oak Street
will be abandoned and one at the
western edge of the property will be r`
` used for entrance purposes only.
There is an existing sidewalk on the
y~
south side of simprovements to Carroll Street,
or
Oak Street are required.
n L
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(Case Z-1853)
Page 2
j SPECIAL INFORMATION
i
utilities: An 6" water line in west Oak Street
and a 6" water line in Carroll
Boulevard provide adequate water I
service and fire flow to the site.
Two 8" sanitary sewer lines in Oak
:street and Carroll Boulevard provide
adequate sewer service to the site.
Gas, electric and telephone services
are availa`le to the site.
Drainage: The property slopes from west to east.
All drainage should flow to Carroll I
' Boulevard and Oak Street. No public
1---~__~f drainage improvements are required
- ANALYSIS
This multi-family (MF-1) zoned site is currently the location
of an eight unit apartment building and a legally nonconforming
medical office building. The owner proposes to demolish both
structures and replace them with two, two story office buildings
of 61256 square feet and 1,584 square feet, respectively. The
following is an analysis of this proposal:
9 1) Intensity - This site is located in a low intensity area
that is currently over the standard by approximately 14•
based on existing land use and 21% based on existing
zoning. This proposal will result in a slight reduction
r_ in intensity for this parcel.
' 2) Parking/Traffic Circulation - This plan is an improvement
in parking and traffic circulation over the existing site.
The traffic flow will be one way through the site with the
approach on west oak Street serving as the only ingress
point and the approach on Carroll Boulevard serving as the
only egress point.
3) Technical Standards - This proposal meets City of Denton
` . Zoning Ordinance standards concerning building setbacks,
floor area ratio, height limits, and required parking.
•
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6
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(Case z-1853)
j Page 3
i
RECOMMENDATION i
The Planning and zoning commission recommendedapproval of 7-1853
by a vote of 6-1 at its meeting of March 251 1987, as this j
proposal will upgrade the site's traffic circulation and 1
t„ appearance while resulting in a slight reduction of intensity
for the area.
ALTERNATIVES
1. Approve petition
2. Approve petition with conditions t
3. Deny petition 1
ATTACHMENTS
1, Location Map
2. Detail Plan
3. Design Statement
4, Reply Form Totals
5. Property Owner List
66 Minutes of the Planning and zoning Commission meeting of
' March 25, 1987,
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` bx' a•W~~ CONCEPT AND,DETAILED PLAN
OF
LOT I , BLOCK I
I BEATY ADDITION;
OWNER ; TIM BEATY
ter?) 141 - 13N
!
BURKE ENGINEERING
fly Iw
tdeer CARROLL - OAK OFFICE BUILDING W E. eawetY SUITE 100 I Intl lu+
i DENTON, TE111E TEE01 NITI Iee• EZR I -
1987
REVISED
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I
1 GENERAL NOTESt
1. The owner proposes the construction of two two story office buildings divided
into two phrses. Phase One includes the construction of two story office
',uilding (8256 square feet). Phase Two includes the construction of a second
two story office building (1584 square feet) located adjacent to Phase One.
i
2. Referring to the Denton Development Guide, this site appears to be within
~I a high intensity node.
I 3. The single tract total area is 0.47 acres, in the City and County of Denton.
There is only one tract equalling 0.47 acres.
4. Site and surrounding area is zoned MF-1.
t
5. The only access to the parking lot will be from Oak Street. 7ue only exit
from the parking lot will be to Carroll Blvd. There wi_1 be a designated
fire lane within the parking lot.
6. Projected traffic generation: (office-government category a 295/day).
7, Building site of the proposed structures will be determined as part of
building plan review.
4
8. No open space is proposed.
' i. 9. No screening is proposed.
10. No major changes in the topography.
11. Tho site is out of the 100-year flood plain.
12. Construction start is anticipated during March 1987 and Phase One construction
{ `c> completion is anticipated by September 1987. 'Following completion' of Phase" y o".F One, the existing office building at the corner of
Oak and Carroll will be
demolished and Phase Two construction will commence during October 1987.
t IIY Phase Two co,istructioa will be complete by August 1988. I„.
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
2-1853
i
IN FAVOR IN OPPOSITION UNDECIDED j
R. Glenn Davis None Received
P.O. Box 1862
Denton, TX 76202
Alonzo Jamison
" 616 West Oak
Denton, TX 76201
Patricia Powers (Thomas)
2819 Foxcroft
Denton, TX 76201
Wilma H. Bordelon
Apex Leasing Corp,
Townhill Oaks Apt #11
r' 516 West Oak
w? ;s. Denton, TX 76201
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March 25, 1987
Page 4
DECISION: Mr. Escue moved to recommend approval of S•192
su act to the condition that events at this location
shall not be open to the general public without a change
in toning. Seconded by Mr, Glasscock and motion unani-
mously carried (7-0).
I D.J ! i-IBS3. Petition of Burke Engineering requesting a change
l Tn caning frog the multi-family (MF-1) district to the E
planned development (PD) classification and approval of a
detailed plan on an 0.47 acre tract located at the north-
west corner of West Oak Street and Carroll Boulevard, The
property is further described as a tract In the William
Neill Survey, Abstract 971. If approved, the planned de-
velopment will permit the construction of two 1) two-story
office buildings containing a total of 9,840 square feet.
Seventeen notices were mailed to property owners within E
200 feet; two reply forms were received in favor, no reply
forms were received in opposition.
PETITIUNER: Brian Burke, Burke Engineering, stated that
t e~i purpose is to remove the existing buildings and build
an office building, he said that there Is ample parking
proposed. He said that one sidewalk will be poured on the
east boundary line and six feet of rlght-of-way for Carroll
Boulevard is provided. He :aid that water and sever are 3
adequate and feels that there will be no drainage problems,
R.' Mr. Claiborne stated his concern is the parking abutting
f 1 the street. He added that this is a prime opportunity to
1 diesrsequpirtheed.area. He asked if the parking on the pion is 4
dlr. Burke stated that they had one more than required t
j and the corner was converted to landscaping area. 4
b:r. Claiborne stated that he would like to see more
r r` landscaping than what the detailed plan shows. Mr. Burke
stated that besides what is shown on the plan the right
way is the only other place for Iandscapiny. he said that
t he understood the concern but felt that this plan is some-
what of an improvement and it improves the visibility.
4
Mr, Claiborne stated that he would like the idea explored `
t.` about reducing the number of parking spaces for landscaping
{ si purposes. Mr. Burke stated that a lot of the office uses
need the parking spaces and felt sticking with the parking
spates Is much safer in long run.
4,r IN FAVOR: Nona present.
} d ` OPPOSED: None present.
Jeanette McCrea, $03 North Carroll, stated that with chair
; office building they were required to have a certain per-
centape of greenbelt with their planned development and
they ld not have enough parking and had to lease space.
t She added that she was neither for or against the proposal.
STAFF RIPOM Ms. Spivey stated that this multi family j
t tone $to Ts currently the location of in eight unit
t1 apartment building and a legally nonconforming medical j
office building. The owner proposes to demolish both
• ti^ structures and replace then with two, two story offite
i buildings of 9,IS6 squire feet and 1,58< square feet,
„ .G ( respectlvely, She said that the site is located in a low
intensity item that Is currently over the standard by ap•
proximately 141 based on existing land use and III based
on existing toning. She said that the traffic flow will
be one way through the site with the approach on West Oak
y' 'v street serving as the only ingress point and the approach
i
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P 4 Z Minutes
March 25, 1987
page 5
on Carroll Boulevard serving as the only egress point.
She said that staff recommends approval of 1-1853 as thie
propose will upgrade the site's traffic circulation and
appearance while resulting in ■ slight reduction of En-
tensity for the area. y
E
Ms. Brock asked why there was no percentage requirement on !
this planned development. Ms. Spivey stated that there li
was very little room In which to provide landscaping. She
said that the traffic circulation was more desirable for
safety purposes than landscaping. She said that one al-
ternative could be to reduce the square footage of the
building for more landscaping.
REBUTTAL: None offered.
Chair declared the public hearing closed.
DECISION: Mr. Escue stated that if not for the existing
Urrce use he would not be in favor but added that this
proposal improves the area so he moved to recommend i
approval of 1-1853. {
' Seconded by Ms. Cole.
`
Mr. Claiborne asked for the proposed height of the sign.
Ms. Spivey said that there is no specific height on the
plan but the attachment states the sire and height will be
controlled by current sign ordinance.
rn i; Mr. Meyer asked for the maximum for the sign. Ms. Spivey
p,z stated that she was not sure. 14r. Burke stated that he '
} believed In the Development Review Committee said 150
".F square feet.
4+ Y Y
a W 6 y Sir. Morris stated that the maximum size of the sign
depends on the setback.
r
byr. Burke stated that he would like for the maximum sloe
of the sign to be eight feet off the ground,
"
Ms. Carson stated that the sign had to be at least four
" ' 1 r feet off the ground for the visibility triangle.
w Mr. Claiborne moved to amend motion to add that the si n
ordinance be applicable to this plan of 1.1855. Secon~ed
r by Mr. Escue and motion unanimously carried (7.0).
Vote was called on original motion with amendment and
motion carried (6.1). Ms. Brock voted no.
z I k•
E. PRELSM1NAkY AND FINAL REPLAT OF PART OF LOTS 14 AND 1S OF ,
A' STAFF REFOR1t Ms. Carson stated that this property is
acres n site and Incased adjacent and west of North
Locust Street approximately 175 feet south of University
Drive. A brick two story residence and a separate frame
structure that was once the site of Bay City Seafood is
located on the property. The purpose of the replat is to
remove s property line betwten lots 14 and 1S. Approxi-
mately 1,SD0 square feet of area will be added to the
c existing frame structure and the Don Barnes Photography
i Studio will be moved to the site. She added that the
Development Review Committee recommends approval.
P1111121E1 : Brian Burke, Burke Engineering, stated that
t ey are working with Coleman and Associates and Don
Barnes on this plat. He added that he is available for
" f. questions.
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1763L
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 0.47 ACRES OF LAND LOCATED AT THE NORTHWEST
CORNER OF WEST OAK STREET AND CARROLL BOULEVARD, AS IS MORE
PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION FROM MULTI-FAMILY 11MF-1" DISTRICT CLASSIFICATION
AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A
DETAILEL PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN A
MAXIMUM AMOUNT OF $I,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
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THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
" SECTION I. That the zoning classification and use
designation of acres of real property, described in Exhibit
"A", attached hereto and incorporated herein by reference, is -
hereby changed from Multi-Family 'IMF-111 District Classification
and Use designation to Planned Development "PDA' District
Classification and Use designation under the comprehensive zoning
ordinance of the City of Denton, Texas.
SECTION II. That there is approved for the district hereby
estab sl~fiee "Detailed Plan", labeled as Exhibit "B", attached
{ hereto and incorporated by reference; so that hereafter the
h district shall be used and developed in accordance with the
t
Detailed Plan herein approved.
41 i
SECTION III. The Zoning Map of the City of Denton, Texas,
adoptee a T~tT' day of January, 1969, as an Appendix to the Code
of Ordinances of the City of Denton, Texas, under Ordinance No,
69-1, as amended, is hereby amended to show such change In
District Classification and Use subject to the above conditions
and spedifications.
SECTION IV. That the City Council of the City of Denton
r♦ ,
Texas,`fer`e5y finds that such change Is in accordance with a
comprehensive plan for the purpose of promoting the general
welfare of the City of Denton, Texas, and with reasonable
consideration, among other things, for the character of the
district and for its peculiar suitability for particular uses,
and with a view ~o conserving the value of the buildings,
protecting human lives, and encouraging the most appropriate uses
of land for the maximum benefit to the City of Denton, Texas, and
its citizens.
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SECTION V. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a fine
not exceeding One 'thousand Dollars ($1,000.00). Each such person
shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this
ordinance is committed, or continued, and upon conviction of any
such violations such person shall be punished within the limits
.t above.
r.
SECTION VI. That this ordinance shall become effective
fourteen 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 i
(10) days of the date of its passage.
{ PASSED AND APPROVED this the day of , 1967.
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RAY STEPHERS9 MAYOR
' r CITY OF DENTON, TEXAS ;r,
k ~ r . ' t a'I i
a° tip ' x ATTEST:
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CITY OF DENTON, TEXAS
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OFDENTON, TEXAS
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Exhibit "A"
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All that certain lot, tract, or part-. o: land, being situated in the City and
County of Denton, Texas, being out of th William Neill 100.5 acre survey, Ab-
stiract No. 971, Denton Count , ?axai, in being more particularly described as
follows:
BEGINNING at the Southeast corner of the tract a>nveyed by Will Williams et ux
to W.H. Magness and W.G. Maddox by deed dated February 3, 1949 and shown of re-
cord in Vol, 350, page 549 of the Deed Records of Denton County, Texas, said
point also being the intersection of the West right-of-way line of Carroll
Blvd. and the North right-of-way line of West Oak Street;
THENCE West along the North right-of-way line of West Oak Street a distance of
156.0 feet to a point for corner;
THENCE North 00 degrees 25 minutes 50 seconds East along the East side of an
existing retaining wall a distance of 160.0 feet to a point for corner; f
THENCE East a distance of 66.8 feet '.o a point for corner;
THENCE South a distance of 52 feet to a point for corner;
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THENCE East a distance of 88 feet to a point for corner in the West right-of-
way line of Carroll Blvd.;
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' 'lMCE South along the West right-of-way line of Carroll Blvd, a distance of
w 108 foot to the POINT OF BEGINNING, and enclosing 0.47 acres.
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EXHIBIT "B"
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DETAILED PLAN FOR CARROLL-OAK OFFICE BUILDING,
r'• ' CONSISTING OF: 1. Concept and Detailed Site Plan (1 page);
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and
2. General Notes and Development Schedule s
(1 page)
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oaf CONCEPT AND,DETAILED PLAN
OF
1 - -9 I- LOT I , BLOCK
BEATY ADDITION
OWNER : TIM BEATY
I617t $6E • ISO
DAri~6,~~°~ G~< BURKE ENGINEERING >o AE"E"N6
ENttY CARROLL-OAK OFFICE BUILDING 6n 6. LDCUET, WE 105 + ;w+
6 DENTON, MAE T6E01 ISM 466. $714
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GENERAL NOTES:
1. The owner proposes the construction of two two story office buildings divided `
into two phases. Phase One includes the construction of two story office
1 building (8256 square feet). Phase Two includes the construction of a second a
! two story office building (1584 square feet) located adjacent to Phase One. ~33
2. Referring to the Denton Development Guide, this site appears to be within -
a high intensity node.
3. The single tract total area is 0.47 acres, in the City and County of Denton. r
There is only one tract equalling 0.47 acres. 1
4. Site and surrounding area is zoned MF-1. ~I
a; '5. The only access to the parking lot will be from Oak Street. The only exit
from the parking lot will be to Carroll Blvd. There will be a designated
fire lane within the parking lot.
6. Projected traffic generation: (office-government category - 295/day).
7. Building size of the proposed structures will be determined as part of
building plan review.
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88 No open space is proposed.
9. No screening is proposed.
le 10. No major changes in the topography.
I
11. The site is out of the 100-year flood plain.
12. Construction start is anticipated during March 1987 and Phase One construction
A4^;,;` completion is anticipated by September 1987. Following completion of Phase
~j,. =+Y 1 One, the existing office building at the corner of Oak and Carroll will be
demolished and Phase Two construction will commence during October 1987.'
? Phase Two construction will be complete by August 1988.
2
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1AECEIVED FrR 2 7 1987
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DATE: 05/05/67
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
f FROM% Lloyd Harrell, City Manager
1 SUBJECT: ?UBLIC HEARING FOR 5-192 AND ADOPTION OF ORDINANCE
RECOMMENDATION:
II.
The Planning and Zoning Commission voted to recommend approval of
S-192 at Its meeting of March 25, 1987, by a vote of 7-0, with the
t` condition that events at this location shall not be open to the
1)_ general public.
SUMMARY:
This is a request for a specific use permit in an agricultural (A) '
district to permit the operation of a training park for horses.
If approved, the park will include the following facilities:
(1) Training track - 1 miler (2) Boarding stables - 1201000 square
feels and (3) Maintenance/office space - 14,000 square feet. j
y BACKGROUNDS j.
Approval of this request will maintain the intensity standard for
the property and fulfill the Denton Development Gulde policy of
.L. conserving agricultural, open :pace, and greenbelt lands within
and adjacent to the Citye
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PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
4~i, . Not applicable.
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FISCAL IMPACT:
k There is no Impact on the general fund.
+ Respect 1y aubmittedi
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ALVA,
Denise Spi ey t
Urban Plainer
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PLANNING AND ZONING COMMISSION
REPORT TO THE CI4'Y COUNCIL
To: Denton City Council
Case No.: 5-192 Meetin Date. Ma 51 1987
9 Y ,
GENERAL INFORMATION
Applicant; Lynn and Jerome Cott
3505 Teasley Lane
Denton, Texas 76205
Status of Applicant: Owner/Developer j
iRequested Action: Approval of a specific use lermit
to allow the operation of a train-
itig park for horses to include the
following facilities:
W' Training Track
;a Boarding Stables
- 120,000 square feet
Maintenance/Office Space
14,000 square feet.}}.
4, { Location and Size: A 173.3 acre tract located on the
i east side of Teasley Lane (F.M, 2181)
approximately 1,500 feet north of
Ryan Road.
Surrounding Land Use 1
i
7M , and Zoning: North - Agricultural, vacant: PD-02
South - Vacant, radio station, mobile
home parks PD-68, A, S-166
East - Vacant] PD-20
West - Single family residences,
duplexes! A, PD-65, SF-10
Denton Development Guides Low intensity area
SPECIAL INFORMATION
A" Transportation: This property has frontage on Teasley-
Lane (FM 2181), a primary major arter
ial with 120 feet of rigrit-of- way, f
access existing the driveway ranch howill use. be An s addi-
tional a r
driveway is proposed at the
southern end of the property to pro-
vide access to the track and stables.
1
< li
(Case S-192)
Page Two
SPECIAL INFORMATION (continued)
Utilities: Developer must extend ari existing
8" water line on the west side of
Teasley Lane from the Bent Oaks
Subdivision to the southern border
of this property. A water line pro
rata agreement can be worked out
subject to Public Utilities Board
approval. Developer may tie into
r force main with a private lift sta-
tion for management buildings and
apply for septic tank permit for
horse stables. j
Drainage: All drainage will be run to detention
ponds. An additional lake is propose
for drainage and track maintenance
purposes. Culverts for driveways
must be designed during the platting
stage.
ANALYSIS
The owner of this property desires to consolidate several of his
existing facilities at this site by constructing a training park
I for horses with the following facilities: A one mile training
track# boarding stables with a maximum of 120#000 square feet,
and maintenance/office buildings with a maximum of 14,000 square f
4 feet. Professional trainers will be employed to train the
! owner's horses as well as those of other clients. The track
I will be a private facility and no pari-mutuel racing will be
III
I permitted without re-zoning or amendment of the specific use
permit.
This property is currently divided into two low intensity
areas. The northern half of the property is located in Area 42
which is 7% over the standard based on existing zoning and the
southern portion of the property which contains the stables and
track site is 3% under the standard based on existing zoning.
A study to determine if the boundary ling between the two areas
should be moved is currently underway. Approval of this request
will maintain the intensity standard for the property in ques-
tion since the base agricultural (A) zoning will not change.
This request also fulfills one of the most: important policies of
the Denton Development Guide: The conservation of agricultural,
open space, and greenbelt lands within and adjacent to the City.
Conservation of these areas is important in maintaining a
k balanced self-sustaining community.
K. rA K'
.
I
(Case 5-192)
Page Three
RECOMMENDATION
i
The Planning and Zoning Commission recommended approval of S-192
with the condition that events at this location will not be open
to the general public without a change in zoning by a vote of
7-0 at its meeting of March 250 1987.
ALTERNATIVES
j
1. Approve petition
2. Approve petition with additional conditions
3. Deny petition
ATTACHMENTS
1. Location Map
2. Specific Use Permit Site Plan
30 Reply Form Totals
4. Property Owner List
i e 5. Minutes of the Planning and Zoning Commission meeting of
March 25 1987.
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MUTING PROPOSED 096CNIPTION 01cetyt1!a • +u1 WrlleoP uesl. Iuttol a ane/liley
tvttlx C 1.el litlfl N NaN fni araif Neslf, tl
pHT t• w tees tlesr Aafat stable@ • 170,004 I.F.
wT11 •+4 Maintlnanef And attila lyleel 11,004 J.P.
~~5+~PV / b* N71 uIMS 141%k% N lu►lul 17 Too$
..ifts t.frlt ft Mangolnt 1411/1n111 1 stories
P • F f' 1 i` lanlUry IIYIf tan Mina 1•Ina Au1 0414 sill of esnnes111 If
f Ptoroslr I s+ ~•1r l,J od ! a.~llf Un11lM Italnf~dl, ff t! ITf :'%.14'" lower at the
Va}04 pal /fYlb !l 111117 ajll/Yll 111/0U{ Ii1M H
•unea STAR S P taMtrYe11r1.
a• ~•Ir +O'} PROPOSED LAYOUT FOR
PwPe~le i / r SUNDOWN RANCH
I ' 100' eNN~ANC P P P P PP P fNtln TRAINDNI PARK
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Ioe too uob LAka, A $ LJ tilatuA~ WJTXIIIS A10 ASSOCUITES,%C.
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
5-192
i IN FAVOR IN OPPOSITION UNDECIDED 1
None Received None Received 3
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P 6 2 Minutes
March 25, 1987
Page 2
fETinoNER: John Kinmey, 928 west Hickory, stated that he
e t there needs to be more people interested In preserving
the past. He said that there is Drecious little remaining
from our past in the city. He said that he would like k
others to know that there are people who are interested in
ppreserving the past for future generations. He said that
he simply enjoys living in older homes and wants to see it !
preserved and maintained long after he is gone. He added
that displaying a plaque if approved would be making a
public statement that this house is part of the past and
for others enjoyment. He felt that it is his stewardship
to ensure through this process that the house is somehow
maintained.
IS FAVOR: John Miller stated he owned the house
mme ately to the east and property on lots 7, IS, and
t 16. He said that he sold the house to Mr. limmey in
December and is In favor of historic designation.
Mike Cochran, Chairman of Historic Landmark Commission,
stated that he came to the meeting to urge the Commission
to appprove this petition for a number of reasons. He said
that he felt the structure is architecturally important.
He said that the letter from Peter Hasson in the back-up a
mentions the Importance of the architectural structure.
fie said that this is exactly the type of action the the
IILC hoped to encourage with the creation of the historic
district.
sir. IloIt askew about the effects of historic designation.
'.it. Cochran stated that the effects are sa,al1. Ile said
that oil1 511 of the property in the Gak-hick(fr% hislcric t
L,t t I i C t noels to to historic icr cre.AtIuy of a it isttric
i,+ vi dlllCl~t Ib eai that Lt tit n Cal alga t e r: a tit or~ii if it c,`
i ..k , 5 cry,,. 1 tilt t.l t\' Louncll tiiore Mill I+E it cte hC ne[Iti.
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yf STAR hLP0 I: Ms. Spivey stated tlut the house 3t
eft 1 c ory is worth22 of historic designation for the
a" , ) following reasons: 1J the K a ) I C r IamIIy (luIIJer of the
r F' i licuseJ has been an integral part of the hl story, develop-
s :•r neat, and growth of Lenten County for over one hundred
„t. ,years; the house is representative of is particular
style of architecture as pointed out by Peter Maxson,
c Chief Architectural Historian of the Texas historical
Commission; and 3) the house is included in the Oak-
"w Hickory Historic District. She added that the historic
Landmark Commission recommended approval of H-30 by a vote
of b-u at its meetinY of March 9, 1917 and felt that the
y. structure met the criteria for historical designation.
REDt11AL: None offered. ~
Chalr declared the public hearing closed. '
OLLISit^`: yls. Cole moved to recommend approval of H-36.
aeon e.f by yir. Holt and motion unanimously crrried (7.0). 1
C, S IE: Petition of Lynn and Jerome Cott requesting ap• +
M E prcvaY of a specific use permit In an agricultural (A)
district at 3SOS Teasley Lane. The p[cperty Is further
' described as a 173.3 acre tract in thhe J. Fisher Survey
lbstrict 121, and Is list known as the Sundown Ranch i. f
approved, the sppecitic use permit will allow the develop.
ment of a training park for horses to include the foilowing
! Training Track
Boarding Stables - 120,000 square feet
Maintenance/Office Spac, 11,000 square feet.
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p & 2 Minutes
March 25, 1987
Page 3
Fourteen notices were mailed to property owners within 200
feet; no reply forms were received in favor, one reply
form was received in opposition.
PETITIONER: Jerry Cott, owner of Sundown Ranch, stated
t a1-iT7-oveeber of 1987 Texas citirens will be voting on
whether they want horse racing in the State. He said that
if approved there will be several public race tracks around
the State of Texas. He said that Sundown Training park if
approved is not intended for racing. He said that this
facility would be ideally located for the State of Texas,
Uklahcma and Louisiana. He said that there will not be
more than 200 horses at any one time and the current popu-
lation is 30 to 40. He said that they would not have more
than 30 to 40 people who will be at the park in the daytime
to groom, train, exercise, etc. He said that the people
who do this will shop and live in Denton. He added that
this facility will enhance the economy. He said that
there will be no betting and the general public is not
allowed, He said that traffic will be minimal and that
the lake is needed to keep the track watered. He said
that if racing does not comes to Texas they will not
construct and may not if racing comes to Texas.
E
E IN FAVOR: None present.
OPPOSED: hannal khraish, owner of the property located
mme ately to the south in PD-68, stated that he loves
horses but doesn't want to live with horses. He said that
r k. they can see the barn from where they will be developing
residential haves and feels they will br affected
adversely.
STAR kliURT: Ms. Spivey stated that the cwner of this
p property desires to consolidate several of his existing
g: facilities at this site by constructing a traluing park
for horses with the to owing facilities: A one mile
tralnina track, boarding stables with a maximum cf 120,OOu
square feet, and maintenance/.,ffice buildings with a maxi-
mum of 14,UDO square feet. She said that professional
trainers will be employed to train the owner's horses as
well as those of other clients. the track will be a prl•
vote facility and no pari-mutuel betting will be persltted
under a condition to the request without re-toting or
amendment of the specific use permit. This property Is
currently divided into two low intensity areas. The
northern half of the property is located in an area which
Is 71 over the standard based on existing toning and the
southern portion of the property is In an area which is 31
under the standard based on existing toning. A study to ~f
determine if the boundary line between the two areas should
be moved Is currently underway, Approval of this request
will maintain the intensity standard for the property 1n I
question since the base agricultural (A) toning will not
change. This request also fulfills one of the most impor-
tant poiiclas of the Denton Pevelopment Guldet "The con-
! servation of agricultural, open space, and greenbelt lands
within and adjacent to the city." Conservation of these f
areas is important in maintaining a balanced self sustain- !
ing community. She said that staff recommends apprcvsl of
S•192 with one condition,
i9
REBUTTAL: Mr. Cott stated that they carefully considered
their `"nel hbors In this proposal. l:e said that the prop-
erty to t e south will be screened with a number of toll
trees. He said that the barns are ISO feet from the
boundary line. He said that the plans were designed by
race track designers and they are familiar with the area
and growing communities in Texas.
Chair declared the public hearing closed.
' i..«aw.'.... .w r...a ,.~a e. y. a ..L.A~'3•}i.k-.11.'i4'l~"'4'?iM+YM',:.:..n.-..
I
y
p 6 Z Minutes
March 2S, 1967
Page 4
DECESiON: Mr. Escue moved to recommend approval of S-192
su ect to the condition that events at this location
change
shall
oning .beseoper to conded by the Mgeneral Glasscck public and without cation a unanl
in t
1 mously carried (7.0).
D. 2i-nhton,4 Petitiontheomuf districtntoatheange
planned development (pD) classification and approval of a
detailed plan on an 0,47 acre tract located at the north-
west corner of Nest Oak Street and Carroll Boulevard. The
property is further described as a tract in the William
Neill Survey, Abstract 971. If Approved, the planned de-
offlceebuildingiecontalningossto ulioE 9,040osquare wfeet.
Seventeen notices were mailed to property owners within
200 feet', two reply forms were received in favor, no reply
forms were received in opposition.
PETIT1uNLRt Brian Burke, Burke Engineering, stated that
The purpose is to remove the existing buildings and build
an office building. he said that there is Ample parking
proposed. He said that one sidewalk will be poured on the
R east boundary line and six feet of right-of-way for Carroll
Boulevard is provided, He said that water and sewer are
adequate and feels that there will be no drainage problems,
r pr. Claiborne stated his concern is the parking abutting
the street. He added that this is a prime opportunity to
t dress up the area. He asked if the parking on the plan is
all required.
oy r, burke staled this they had ore more than re%kulred
j
l tie corner was converted to landscaping area.
r. Claiborne states that !c would like to see more
~Y cf' landscaping than what the detalled plan shows. y«r. Burke
t stated that Lesldes what Is shown on the plan the right-at-
way is the only other place for landscaping, he said that
he understood the concern but felt that this plan is some
what of an improvement and it improves the visibility.
yir, Claiborne stated that he would like the ldtA explored '
abor'. ducing the number of parking spaces for landscaping
putpw,. . Mr, Burke stated that a lot of the office uses '
+ need the parking spaces and Celt stl<king with the parking
paces is much titer in long run,
IN FAVOR: None present,
114 i y
t OPPOSED: None present.
Jeanr to McCrea, SOS North Carroll, stated that with their
office building they were required to have a certain per.
centA a of greenbelt with their planned development end
b qq
they Eid not have enough parking and had to tease space.
She added that she was neither for or against the proposal.
~Y A I, r °
STAtF REP6R7: Ks. Spivey stated that this multi-family :
tohesite ~19 currently the location of an eight unit
apartment building and a legally nonconformin tied Ica I
ottice building. The owner proposes to demolish both
structures and replace them with two, two story of tLee < ,.1 V buildings of IOIS4 square feet and 1,664 square feet,
resdectIveIy. She said that the site Is located In a tow
intensity area that is currently otter the standard by op-
proximately 141 based on existing land use and 211 based
on exlstinq toning. She said that the traffic flow will
be one v',, through tt.e site with the approach on Nest Oak
+ Street serving as the only ingress point and the approach
„r 1
,M •Y.:a .aPkyl.t.4tw e,.t a.«'4n..t~,;~. a,+-. r. .,..r
I
{
1791L
NO.
AN ORDINANCE GRANTING A SPECIFIC USE YERMIT FOR A HORSE TRAINING
PARK, AS SAID PERMIT APPLIES TO 173.3278 ACRES OF LAND LOCATED AT
3505 TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE
DATE.
t
4
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
i
{ SECTION I, That, pursuant to Article 10 of Appendix B-Zoning
of t e Co a of Ordinances, a specific use permit for a training ~
park for horses is hereby granted for the property located at
3505 Teasley Lane, ^s is more particularly shown in Exhibit A
attached herein and incorporated herein by reference, subject to
i the following conditions and restrictions:
3• 1. That the property shall be developed and used in
° accordance with the site plan shown in Exhibit R,
attached hereto and incorporated herein by reference.
2. Tile training park shall not be used for events which
J are to be open to the general public,
i~ SECTION I1. The Zoning Map of tha City of Denton, Texas,
adopted t e-ITth day of January, 19691 as an Appendix to the Code
of Ordinances of the City of Denton, Texas under Ordinance No.
69.11 as amended, is hereby amended to show such permitted use,
subject to the above conditions and specifications.
` SECTION III, That the City Council of tho Citr of Denton,
Texas, ere y `Finds that such change is in accoi:rnce with a
comprehensive plan for the purpose of promoting the general
s:tr welfare of the City of Denton. Texas, and with reasonable
consideration, among other things, for the character of the
district and for its peculiar suitability for particular uses,
and with a view to conserving the value of the buildings, j
protecting human lives, and encouraging the most appropriate uses
of land for the maximum benefit to the City of Denton, Texas, and
its citizens,
W 1f
SECTION IV. Any person who shill violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
under, shall be guilty of a misdemeanor punishable by a fine not
I "
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i
w+..vy'ww.r..,. •.r+G u,e, r. dc..^+,ri'^.•o`tie1a 12nUt kJ3'!.a .v:...w~+r 'r
i
a
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 ordi-
nance is committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECTION V. That if any section, subsection, paragraph,
j sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any
court of competent jurisdiction, such holding shall not affect '
the validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
% 4 invalidity.
SECTION VI. That this ordinance shall become effective
fourteen 14 days from the date of its passage, and the City
j Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
ce~~3 the official newspaper of the City of Denton, Texas, within ten
f i (10) days of the date of its passage.
PASSED AND APPROVED this the d?y of 1986.
,
i
0
P ~..t AY STEP NS, MAYOR
v✓ r+~ CITY OF DENTON, TEXAS
ATTEST:
~ i.
t
JENNIFER rY1 ° X,~
P
WALTER S9 CITY SE" R~
CITY OF DENTON, TEXAS
?'r APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY {
CITY OF DENTON, TEXAS
j
Rn F I
BY: 11 .rum
` S-192/PAGE Two
r `
f.
S .
~[E
i
} EXHIBIT "A"
t
SUNDOWN RANCH BOUNDARY DESCRIPTION
Beginning at a point in the east right-of-way line of FM Road 2181 and
the north line of the H° E. Harman 181.42 acre tract;
THENCE S 88' 07' 04" E, 3,562.98 feet;
THENCE S 00' 26' 28" W, 2,102.78 feet;
THENCE N 89' 59' 53" W, 1,568.85 feet;
THENCE S 00' 41' 22" W, 803.59 feet;
THENCE S 89' 59' 42" W, 79u.42 feet to a point in the easterly '
right-of-way line of FM Road 2181;
THENCE along the easterly right-of-way line of FM Road 2181 the
following three courses and distances: N 20' 06' 46" W, 440.80 feet to the
beginning of a curve to the left having a central angle of 11' 58' 14" and a
a radius of 2,909.78 feet;
2 THENCE along the curve 607.93 feet to the end of the curve;
THENCE N 32' 10' 30" W, 654.64 feet;
THENCE leaving the right-of-way line of FM Road 2181, N 05' 54'
j 34" E, 982.24 feet;
THENCE N 88' 09' 35" W, 490.17 feet to a point in t',e easterly
right-of-way line of PH Road 2181;
„ THENCE with the easterly right-of-way line of FM Road 2181 for
two courses and distances: N 01' 04' 18" W, 436°62 feet to the beginning
of a curve to the left having a central angle of 06' 06' 40" and a radius
+f of 761.78 feet;
THENCE along the curve 81.25 feet to the Point of Beginning, and
containing 173.3278 acres of land.
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!41 N aew,Y outaltae *Is at at '011 Tgiddl ,ug tulf It1 .e a S . (1 fj1 711 i r orlooold
os igawgea N [tin i.SS►ut ta.N ".911 "$a 16.81 Ralsludi ! d d - d o
LL lid 32 t •iulfll itet foe.dalu Nl 70 14610 g"•1 ••4 .3" Si M1N07
1 ela at 10014"1 is *46109 geggdN .N y'.fa1 2 a11Yh NI •tlY/1 Hr-r
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y '11 MOI IdL~GiO OBGOdOid DNIlSlt3
o . aelLdae 'peat aepoed .81, it 4oPh7oe•t
-rags( uwatN.i w 116.1 agelot 1 vu l flodat•Ned dN3 3l
-Od
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1 CITY of DENTON / 215 E. McKinney / Denton, Texes 76201
MEMORANDUM
DATE: April 27, 1987 'TO: CITY COUNCIL
FROM: Jerry Clark, City Engineer
SUBJECT: Welch Street Overview j n.
A pro-construction meeting was held for this project on
December 17, 1986. The project was allotted 28 calendar days
for completion. Work was completed on January 30, 1987 with 40
calendar days used. The contractor worked every day except
Sundays and holidays. 1
The overage of days was due to utility relocations. The
' utilities requiring relocation were telephone (GTE), Sammons
cable and a North Texas communication line. the utility lines
had to be removed from the west side of the street to the new
poles on the east side.
The contract amount was $65,069.00. The contract was completed
for $6:),642.10. This is an overage of $4,573.10 or 71. Amount
' r retained for final payment is 101 or $6,964.21. This overage
was due to several field conditions that are normal to a
project in an older area, The contractor encountered an
existing sewer line that hai only 18" of toyer. This line had
to be encased or replaced to protect it from being crushed. We 4
decided to encase it due to time and cost involved in replacing 4
the line. The additional cost for encasement was $2,408.00.
This is 531 of the total overage.
The remainder of the overage was frrm five additional water
service adjustments, two additional sewer adjustments and an
additional driveway. We felt our storm sewer design would not
effect all these services but results showed otherwise.
it is recommended that this project be approved for final
payment and no liquidated damages be assessed to the
contractor. The contractor showed excellent cooperative
efforts with the utility companies and worked every available
day with reasonable crews. Inspector of the project shows that
it is functioning as designed.
angster 3Zrry ar
Project Inspector City ngine
0453E
I,
gE5Q11~1►~~ ciry of DENTON
DENTON, TEXAS 7820`
CITY OF DENTON !
PERIODfCAL ESTIMATE FOR PARTIAL PAYMENT
817/566-8200, D/FW METRO 434-2520
f Engineering Division 817/566-8358 I
Utility Department 817/566-8451
Periodical Estimate No. Final
Period 1/3/81 xo~30 87
Contractor R• L; Roberts Construction, Tnc
Address _p, 0. Box 175, s,nrer TX 76266
Project Welch Street Paving 6 Drainate
Estimated Contract Coat S 189 112.50
Did No. - 9688
P.O, No. 16824 (Acct 1 434 002 S883 4105)
No. Contract Bork Days 28
Days Used 40
I I I Unit I Quantity I Quantity 1
I DESCRIPTION OF WORK I of I Original I Completed 1 Unit I Value
1 f Item 1 Measure Cstimate TO Date I of Completed I
f I Contractors Warraneieal I Pcice work I
1 1.21 1 and Understandin 1 I
( 1 8's i LS ± ;2500.00 1 $2500.00 1$2500.00 1 $ 21500.00 1 E`
I 2.11.5 1 Inlet Frame and Cover I EA 1 1 1 ,
1 1 1 130.00 1 1 l
12.12.3-13) 24" Pipe Sever RCP I f 1 150.00 I ~ w
I LF 1 330 1
i I I I X,
1 I 1 I 320 I 32.00 I 10,240.00 1
i Remove Concrete I I I .
3'A I (Pavement) I Sy 1 7 I 7 1 I I
t 1 I 1 9.00 I 63.00 1
I I Remove Concrete I I
1 3-B I (Curb and.Cutter 1 I I I I.
k ; 1 ) I LF I 550 I 550 1 1
1 I I 4.00 I 1
2,200.00
1 Remove Concrete I I I I 1 I
1 3-C 1 (Drivexays, Sidevalks)f Sy I 1 I '
1 I f 360 1 360 I 8.00 I 21880.00 1 f
1 f
1 Preparation of I I
3.1 I Right-of-Way I LS i $3000.00 1 1 I I.
I I 3000.00 13000.00 I 3,000.001
1 3.3 1 Unclassified Excavatial Cy I I I I
I 1 f 600 ; 600.00 I 4.00 1 2,400.00] C
I I TYPe A Hydrated I 1
I 14.6-A I Lime Slu11rry 1 I I I I 1!
TON I 1S I 10_~I 80.00 1 800.00 1
f`
1
t
I
1
k
D
SESCVh~p1~"~~
CITY of DEN TON DENTON, TEXAS 7821
I I I Unit .I Quantity I Quantity I I Value Il
I I DESCRIPTION OF WORK I of I original I Completed I Unit I of Completed]
I Item 1 I I Measure I Estimate I To Date ! Price f W rk
I '6" Lime Treated I I. I I I
' I I i I ,
1 6,6-b 15ubgrade 1 Sy I 1690 1 1690 1 1.20 1 29028.00
1 1 16J" Asphalt Pavement I I I I
3.7.A-1 I Base (Type A) I Sy I "
I I I I 1400 1 1377 I 7.90 1 10078.30 t i
I 1 11" Asphalt Pavement I I I I I { "s
15.7.A-2 i (Type D) 1
SY 1400 1 1377 I j
I I 2.60 1 3,5BO.20
` I 12" Asphalt Pavement 1
5.7-B I (Patch Material, Type Ih TON 1' 5 1 7.5 tons I 70.00 1 I
~~s~ 1 I I ,1 I 525.00
I Concrete Pavement I I I I I
13.8-A.1 I (6" Flatwork) 1 Sy 1 46 1 46 1 24.00 1 11104.00
I I I 'y
1 1 Class "A" Concrete I I I I
1
It .
1 1 7.6.5 ( (Retaining vall) I Cy 1 5 I '
< I I I I 1 8 1 300.00 1 20400.00
15' a 5' Junction Box ( I 1 I i
I7.6.A-1 I and Cover
i
~ .I 1 1 I I
I I ~_1 16t
_O.nn I 1,650-00
p.6.A-2 1 8' Curb Inlet ' i EA - 1 1 1 1 11850.00 1 19850.00 1~
I I I
I IBarricades, Warning- I I I I I 1
l+ 18.1 'Detour Sign., 1 LS 1 520000.001 100% 12000.00 1 29000.00 11
18,2-A' IConcrete Curb and Cuttek LF 1 520 1 559.0 1 6.00 1 3,334.00 i
t r I I i
' SA 1 8.3 1 Driveway 6" 1 5Y 1 115 1 135.65 1 24.00 1
1 I 3,253.60 I j
18.3-A ISidevalk 4" 1 SY 1 226 I 230 1 18.00 60140.00 I f
I
" 18.7.2-B 1Reinforcing Steel I LS 1 263 1 265 ! 80 1 212.00 1
I I I 1 I I I 1
ISP-2
t ISaw Cut I LF I 28 1 28 1 2.00 1 56.00 1
h ISP-10 Illock,Excavation I CY I 0 I 0 1 30.00 1 -0-
ISP-13.A ]Adjust Water Valve I EA j 1 I I I I
0 1250.00 1 -0-
I5P-15.8 ]Adjust Manhole 1 EA j 1 1 I 1 1
. ti I .I 1 0 1350.00 1 -0- 1
+ I`_ 1 ! I 1 I I 1
1
I
r .F
i
I I Unit I Qvanttty r Q ntl t y it
I DESCRIPTION OP wOAk I o! u a
I fleet t I Orlgtnai Me I Completed 1 Unit vat°•
I I aau a Estimate 1: Date r of Complete
I I Priem work
SP-16 I
I Handicap Ramp 1 I I I
1 4 I
j SP'20 I I 4
Remove Concrete (Inlet r 1 250.00, 1,000,00
1 PA 1 1 .1
I Remove 21" Pipe r I 1 I 750,00 750.00
ASP-26.A I Sever CHp • 1 I I
i I LP I 1 1
'SP-27.A Water set'
viee Adjustment I 317 1 317 1 6.00 1,268.00
EA I 2 1
~5P-27,B f Sever Service Adjustment I 1 7 ~ 250.00 1,750.00
EA I 2 1
E 1 I 4 300.0 0 1,200.00
1 I I I ~ r I i
• 1 I I I I I I
I (Change Crder tl I i I I
I 1 i I 300 ' 344 1 7.00 2,408.00
I I I i 1
r r.
7
The undersigned Contractor certifies that all work
and equipment on hand, coveted by this Periodical Pa
including mate ta
completed of delivered in accordance with the ContracteDOeumenla,
nthat
amounts have been paid by him for work, materials, and equipment for which
all
previous Periodical Payment
that current a s were issued and eceived fro the Owner, andP Yme+tt shown herein IS now due.
,i
CONTRACTOR R. L, Roberts Construetio(igne.
~ - Y
Reeommen d [or Payment b r Gate
Y Total value of Ori nal Contract Performed _ S 6i 7i 2~0
` Extta work PerEor ed -
" ptoJ ect Ina ter Shown Above or
Date te
Attached Statement
Inspection Dept. Date Materials on Hand - Shown Above or
Attached
statement
Total Value of work to Date
69-----= 42-iA
Leest Amt. Retained X4_1 ' 2
Het Amount Earned on Contract
-Approved for Payment by$ 69,6-- 4_ _
i
Less Amount of Previous Payments Utility,Dcpt. or City Engr. Date BALANCE DUE THIS ESTIMATE
f 12321
,t
0923L 1
{
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
i FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
{ PROVIDING I'OR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
1 FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinance.:; and
R
WHEREAS, the City Manager or a designated employee has
reviewed and racomnended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies
or services as spawn in the "Bid Proposals" submitted there.or; 5
and
WHEREAS tha City Council has pprovided in the City Budget
for the app,ropriation of funds to be used for the purchase of
' the materials, equipment, supplies or services approved and
" j accepted herein; NOW, THEREFORE,
It,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
r ? 4 FIjk.
t y That the numbered items in the following numbered bids for
materials, equipment, supplies, or services, shown in the "Bid
Proposals" attached hereto, are hereby accepted and approved as
being the lowest responsible bids for such items: ;
V. BID ITEM AMOUNT S
I. I
NUMBER NO. VENDOR
i
9734 ALL TRINITY TURF
9737 TRANSY - (QRP InlAno 00
CONSOLI .ATEQ TR ATTIC Z.i49-~
9737.
9744 ALL ENVIRONMENTAL t P- R11~ OVEMEbLTS 11.999.00
s s
I 1 3~
P
SECTION II. 7I
That by the acceptance and approval of the above numbered
xi
items of the submitted bids,, the City accepts the offer of the
persons submitting the bids for such items and agrees to
~ i 'r .
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
I ,
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 Managar or his
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,
t' specifications, standards, quantities and specified sums
contained in the Bid Proposal and related bid documents herein
approved and accepted. r%
SECTION IV.
That by the acceptance and approval of the above numbered
s items of the submitted bids the City Council hereby authorizes
the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written y;
contract made pursuant thereto as authorized herein.
SECTION V.
i That this ordinance shall become effective immediately upon
i' its passage and approval.
1987. ;
PASSED AND APPROVED this 5_ day of MAY ~
F c
RA STEPHENS, MAYOR =
CITY OF DENTON, TEXAS
ATTEST:
-JENNIFER I SECRET A
z~ s f
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM: a
DEBRA ADAMI DRAYOVITCY, CITY ATTORNEY ; -
s r {CITY OF DENTON, TEXAS
BY:
PAGE TWO s'.
s
;i
DATE: May 3, 1987
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
i
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: BID/ 9734 SOD FOR AIRPORT
4
RECOi4tENDATION: We recommend this bid be awarded to the lowest bidder, +
Trinity Turf in the amount of $11,542.00 plus 08 cents per foot for sod
retention if needed. Total bid not to exceed $12,000.00.
SUMMARY: This bid is for the purchase of materials and labor
to cover approximately 10,100 square yards of airport drainways with common
bermuda sod. This bid also includes fertilizing and watering until sod is
established. This project is necessary due to the erosion problems on the
I~
north end of the airport.
W r, 1 BACKER I
, , •.a OUND: Tabulation sheet ~
n ; i 1•S ` ' 'ta~
PROGRAMS, DEPART MEATS OR GROUPS AFFECTED: s
Airport operations
FISCAL IMPACT: 1986/87 Bond Funds
401-002-AB87-8306
'rS
Respectfully submitted:
r boy Harrell
vxt City Heger
PrEpared by:
Nam Tom D. Shaw, C.P.
Title: Assistant Purchasing Agent 4.
~ j
Approved: 1
ame: ohn Marshall, C M
Title: Purchasing Agent
i
,
- s
I s I ; I 1
P1@ 1 1 4731 I ALLEN I R-B I IRINI1Y I I 1
BiB ililE 54 FOR AIRFOR1 I LANDSCAPING I SOD I I I 1
OPEMEI 3126,167 Tiff P.M. I I I 1 I ;
t' ACCOUNII 1 I I I I I
I I I I
I-----------•- I 5 °-°--•I I
1 I OY t ITEM DESLRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1
I-------------I•--•---------t-------------I-------------1--------•----I
p 1 I I I I I S
r j I I I I 1 I
1. 'i11,14 §11 SOD 1 1.51 1 1.75 1 1.11 1 ! I
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2. I11e LDSI FER11LHER 1 .2277 1 1.321 1.211 I S
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3. 50. VD.` I AE1EN11DN 1 2.51 1 1111 1 PAB I I I
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DATE: May 5, 198'7
CITY COUNCIL REPORT
TO. Mayor and Members of the City Council
f FROM: Lloyd Y. Harrell, City Manager
SUBJECT: BID# 9737 - TRAFFIC CONTROLLERS do HEADS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting
specs ication as follows:
Item 1 Traffic Controllers
to Tran
stCorp. II
Item 2 Signal Heads to Consolidated raffic at $6144.00 ea - $103,456.00
Item 3 Signal Heads to Consolidated Traffic at 240.00 ea - 4,088.50
TOTAL BID $109,944.50
SUMMARY: This bid is for the purchase of traffic controllers and signal heads
to be utilized to upgrade the traffic signal system throughout the City. At such
locations as Carroll at University, Loop 288 at Hwy 380, and the expansion of
Nottingham to Mingo Road among several others are target sites.
` The lower prices offered by Traffic Signal on Item 1 fail to meet
compatability requirements. The items offered on lit and #3 from Traffic Parts do not
meet specificati;ns and they have not complied with terms of the bid. d
s
r..
Y
v?, BACKGROUND: Tabulation Sheet
:A PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
fi q J 1~
Traffic Control Department - Signalization Upgrade
FISCAL IMPACT: 1986187 Capital Improvement Bond Funds ;
l~ e p
ar r1
p,r Respec lly submitted:
F ,ti• 1
~y
Llo V. Harrell
~i
" City Manager
L M {
q .
P ared by:
Name: Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
~1 . 5 +
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Approved:
F,
cin
me:~ ohn 3. Marshall, C .P.M.
Title: Purchasing Agent
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1
3
I
{ i
1 1 I I
/I6 1 4757 1COrISOLIDATED 1 TRANSYT 1 TRAFFIC 1 TRAFFIC 1 I
BID TITLE TRAFFIC CONTROLLERS I TRAFFIC 1 CCRF. E164AL 1 FARTS
OFE:tEh 3!31!@7 2110 P.O. I COtiTFOL 1 1 E".JIPe,;Nl INC. I
ACLLtIfNTI ! I 1 ! 1
I
1 1 1 1 °
.............•°_•-_w I------------•.
1 1TTY 1 ITEM DE6CRIP}ION VENDOR 1 VENDOR 1 VE'IDOR VFIOCR I VE4iDR 1
- -1 -....-._-.1 .............1-------------
I i 1 1 I I I 1
I. 1 16 18 ]NAEE CONTROLLER I NS 1 8.421.221 1 5.67S,42 N3 1 1
, I
I WIN CA5111ET 1
1 1 1
'T 1 { I
_1 24 ITNFEE SE,:TI"N S160L HEW 144.00 1 ki I 171.35 1 137.7e i s
_ 1 ! I I
31 `1 17 ;FIVE 3EiTIGN SISNAL NEAT 1 .IB.51 1 53 1 UL U I W.50 !
3 I I I 1 I 1 !
_ I 1 I 1 I 1 6".
,r T 1 ! ! 1 I 1 r^
I. I DELIVE0 163-+0 OATS I 1 1 61-75 DAYS t 1
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DATE: May 5, 1987
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
j FROM: Lloyd V. Harrell, City Manager
j SUBJECT: BID# 9744 - SLANTING DISC VALVE
e ,
RECOSI•IENDATIOU: We recommend this bid be awarded to the only bidder,
Environmental Improvements at a total bid price of $119999.00.
,
arr (k
SUMM4RY: This bid is for a 14" and a 16" slanting disc pump valve for use at
rs the Water Production Plant. Because Environmental Improvements was the only bidder,
another city was contacted about their recent purchase of a valve. Environmental
Improvements bid is lower and very competitive compared to their purchase.
e,
a
BAtIC6R0UNU: Tabulation Sheet
Memo - Utility Department
r i PROGRAMS, DEPARTFUTS OR GROUPS AFFECTED:
,al Utility Department - Water Production
,41 ;
FISCAL IMPACT: 1986137 Budget Fund for Water Production Bond
623-008-0460-9106
r ~ q
Respectfully submitted:
` + n
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City tanager
a rt,
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a a ,1 Prepared by:
y
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Name: Denise Manning
Title: Buyer Approved:
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Name: Tom Shaw, C.P.M. O
Title: Assistant Purchasing Agent
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DID 1 1 9144 IENVIRONNE4TAL1 I
I
DID TITLE SLANTINS DISC VALUE 1INPROVEIlE41
OPENED 4123"87 2:12 P.P. 1 INC. i I 1
ACCOuNT1 623-2 @ 8-a 461-5126 I 1 1 3
I 1 I
i 1 QTY I ITE4 DESORIFTION I VENDOR I 441-0A 1 4ENDOA VE40CR 1
..........-------------------------1------------- - .--------..----i
1 1
~ 1 I 1 I I I 1 I
I, ! 1 114' SLA'ITIND DISC %KP 1 1 1
f i I I CWRDL VALVE 1 5.5011a ; I I
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2. 1 1 116' SLAINNS DISC FMP I I I I
C04TRk VALVE I 615!7188 1 1
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4 f I DIS:OJNT FOR IOTA I II.M.U 1 I 1 I '
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CITY of DENTON D=.ITON, T,`XAS 76201
M E M O R _A N D U M
f` Y a M ~ ~
Y.
M TO, Joan Marshall, Purchasing
FROM: Dave Ham, Ditector of Water/Wastewater Utilities
DATE: April 24, 1987
r,
d. IN
SUBJECT: Evaluation of Bid 89744
for 14" and 16" Slanting Disc Valves
r
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5i a
The Utility Department Water/Wastewater Division has evaluated the above-
a t, noted bidder, Environmental Improvements. E
Due to the receipt of this cnly bid for the Slanting Dtsc Valves, the
Utility Department contacted the City of Lewisville regarding their last
year's purchase of a 14" Slanting Disc Valve at a cost of $6,454.
Environmental Improvements bid of $5,549 is 16.3% leas, which indicates
gyn. that this is an attractive bid.
Therefore, the Utility Department Water/Wastewater Division recormends
awarding said contract to Environmental Improvements.
Y~ ~ 1 rye
y 1 .
fk S°
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1
Davb Ham
1
Director of Water/Wastewater Utilities
fJ.` IJ n
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PON-
a r . ~y
i
V923L /r
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. li
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
> improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements escribed in the bid invitation, bid proposals
and plans and specifications therefore; NOW, THEREFORE,
THE COUNCIL OF TiE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the following competitive bids for the construction of
public works or improvements, as described in the "Bid Invita-
tions", "Bid Proposals" or plans and specifications attached
hereto are hereby accepted and approved as being the lowest
r responsible bids:
" BID NUMBER CONTRACTOR AMOUNT
'r 9631 TEASLEY ROAD ASSOCIATES
$14,)32.70
y,, JUPANTS
{r~~ i✓ ! i ~ I is
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Y +
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N' SECTION II.
1 1 r
That the acceptance and approval of the above competitive
bids shall not constitute a contract between the City and the
person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person
c: shall comply with all requirements specified in the Notice to
' Bidders including the timely execution of a written contract and j
I j
l"..v..
( lrq,q K7r~'NtliA/i11
i
furnishing of performance and payment bonds, after notification
of the award of the bid,
SECTION III.
That the City Manager is hereby authorized to execute all
! necessary written contracts for the performance of the j
construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards,
quantities and specified sums contained therein.
,r
SECTION IV.
That upon acceptance and approval of the above competitive
bids and the execution of contracts for the public works and
improvements as authorized herein, the City Council hereby
v authorizes the expenditure of funds in the manner and in the
"i amount as specified in such approved bids and authorized 'j
contracts executed pursuant thereto.
i
SECTION Y.
That this ordinance shall become effective immediately upon
~ •e r ~ ~ ~
t s its passage and approval.
.Y PASSED AND APPROVED this the 3 day of MAY 1987,
{ ~1 ~ k
KAY {
y« S E HEN , A OR
CITY OF DENTON, TEXAS
~'+C p ATTEST:
,~I :x7 .1 4
N 1 ER WALTER$ T ERE R E
I
?^x h' ` CITY OF DENTON TEXAS
1
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
" fi,slNxW „ CITY OF DENTON, TEXAS
BY.
V1
S
PAGE Two
.4ru W'ne«....._
1 b•.Mr n:+'.? 3~Vt+4Y+.4
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DATE: April 28, 1987
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: SID M31 City of Denton Participation Teasley Road Associates
Loop 288 utility Crossings l
RECOI1•10DATION: We recommend this bid be approved for the City of Denton to pay '
to Teasley Road Associates the total of $14,732.70 as per the l }
above participation bid for this project.
r SUMMARY' This bid was sent out and received for several utility crossings of
the new Loop 288 being built. Some of these have been completed and
paid. This is for two of the remaining three to be paid, and they
have been completed and calculated at the then bid prices. The prices
are those submitted as the low bid prices and are not necessarily the
total low Contract price or the prices of the Contractor. The developer,
~ ~ Teasley Road Associates (Mr. Vergal Stra.nge) selects the Contractor
for the project.
BAC1(GRUUND Final memo calculations with the billing informtion from Teasley Road
.
Associates and the Purchase Order copy. ' •
`p, a PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: utilities Water & Sewer
k'
{ FISCAL 111PACT: 624-008'0471-9138 There is no additional impact on the General Fund. x_
Respectfully submitted:
ell-
Harrel
Ill
City Manager G .
4 Prepared by4
JtM4 o J. f4arshle:
Purchasing Agent
Approved.
;S
a% hn -P-MI
TItl. s . AS
Purchasing en • s
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MEMORANDUM
„ DATE: April 10s 1987 ~y...
r' TO; Teasley Road Associates, Greenfield Woods West Tract
FROM: John J. Marshall, C.P.N. Purchasing Agent
s
SUBJECT: Participation Loop 288 Utility Crossings
Bid N 9631
4 2. P.0 M 78800
624-008-0471-9138 )
3. Account 0
1 r
a ~ f ff r~l
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4. Approved by Council '
5. Cost of City Participation as per Bid
„ 1. Cost, with oversizing for furnishing and installing 24" casing
16" DI Pipe 6 '15" PVC Pipe with 2 manholes & 2 15" plugs. $31022.70
2. Less-cost of 'required size 16" casing lo" PVC 2 4" manholes &
y 2 10" plugs. $1 270.50-- i
a, Total City Cost this Protect $11995.20 i
i'F l 9
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M,* r 817 5ti5 8311 V FLY METRO 267.004
n l
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Teasley Road Associates
P.O. Box 117
Denton, Texas 76202
18171383.1520 6 /
j April 21, 1987 ~~~DD
;o I
Mr. John Marshall
Purchasing Agent {
City of Denton
901 S Texas
Denton, Texas 76201
RE: Sanitary Sewer Crossings at Greenfield Woods
Loop 288 in Northeast Denton
Y
a, Dear John: I ,
Please accept this as our invoice for the City's participation share concerning
the oversize sanitary sewer construction at Loop 288:
15" Sewer Line: West Greenfield Woods
' r n
~ k 1624
DI easing 42 5,11 $38150 j $12512.50
{5 15+' PVC , @ $35.31. 14830.20
„ pipe 40' @ $17.00. i-
4" manhole 2 each @ $1400.00. 680.00
.00
yC1K J y.., :gym 15 plug 2 each @ $100.00 2200.00
TOTAL COST OVERSIZED FACILITYt
~i p.' a •1 $31022.70 '
Y ,3,,r c1 10" Sewer Line: West Greenfield Woods i'
b r :'s 16" DI Casing 325: @ $29.50
460' @ $14.00. $9587.50
10" PVC pipe 6440.00
4' Manhole
4' Manhole 2 each @ $1400.00.1 2800.00 G-
g 2 each @ $100.00=i 200.00
TOTAL COST OVERSIZED FACILITY:
a c r $19027,50 'yt^ " CITY OF DENTON SHARE:
s
,
- 19027,50
, ` $11995.20
` ~A Very Truly You s, a
V. Strange
i ,
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._.lr :-'f. 75 P7~CNA5, "3Ci'. lT;;N, TEXAS75201
a
M` MEMORANDUM
DATE: April 10, 1987
' TO: Teasley Road Associates EDS Tract
}
.a FROM: John J. Marshall, C -'.M. Purchasing Agent
SUBJECT: Participation Loor, 288 Utility Crossings
F 4 P, 1
1
1. Bid M 9631
10
2. P.O. N T6801
f i
3. Account 1 624-008-0471-9138 '
s,+ a
4. Approved by Council
S, Cost of City Participation as per Bid i•` el ke.
iFJ_y. W MfC ; ~ c i
1. 250LF 24" Steel Casing (oversize @ $32.75) a $8187.50
LESS
2. 25OLF 16" Steel Casing (required @ $21.80) ° $5450.00 i
4y ,
• ~ ; ~ ~ r Total this Project $2737.50
a The above calculations on the completed crossing at the lov bid price
per linear foot.
John J. Marshall, C.P.M.
Purchasing Agent
~wsr 4
817i566-891 7 34WMETR0267004?
M'rv.rwa;.~.r»..,,.... _ wz,,
I rP~r,
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Teasley Road Associates
P.O. Box 117
Denton, Texas 76202
(817) 383-1520 v A,
9b~
7 E
i oat e, o ~
April 21, 1987 E
N ~ e
Mr. John Marshall
" Purchasing Agent
City of Denton
901 B Texas a,
Denton, Texas 76201 p.
of ;
"0 l~
RE: Sanitary Sewer Crossing at Greenfield Woods
Loop 288 in Northeast Denton
s•
r,
F nl
1f 1~ : F :.i
r , .r k F~ Dear John: r
r,
Please accept this as our invoice for the City's participation share concerning I
the oversize sanitary sewer construction at Loop 288:
SFr r r Greenfield Woods- EDS tract:
f ti 5 r+`~ F ' i
24" Steel Casing 250 LF @ $32.75• $8187.50
+F, „ 16 Steel Casing 250 LF @ $21.80• 5450.00
r~ )
~t CITY OF DENTON SNARE: (24" minus 161): $2737.51
✓4 t •
G1 I
tiry ;1a~ Very Truly Yours,
~a c /J!V, trange C
1
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a , ry'°
I
,tr,. «,;'rrili»^~.}w4~.1171 row '1~
it dt I Mk ~
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i
0923L
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
I EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR I
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
5 !
' 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
i, once to appropriate money to relieve the necessity of the
citizens, or to preserve the property of the city, or it is
necessary to protect the public health of the citizens of the
it city, or in case o unforeseen damage to
public property,
machinery or equipment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
r,57; SECTION I.
That the City Council hereby determines that there is a
s public calamity that makes it necessary to act at once to
appropriate money to relieve the necessity of the citizens or'~
Z4 to preserve the property of the city, or to protect the public
health of the citizens of the city, or to provide for unforseen
damage to public property, machinery or equipment, and by reason
thereof, the following emergency purchases of materials,
equipment, supplies or services, as described in the "Purchase
j Orders" attached hereto, are hereby approved:
PURCHASE .
rE ORDER NUMBER VENDOR AMOUNT
78393
s WESCO $33,000.00
4
4/ t.
, I t
SECTION II.
,h That because of such emergency, the City Vanager or
designated employee is hereby authorized to purchase the
materials, equipment, supplies or services as described in the
x~ , { s 1
~ f ly(w .'.t y. • °,h•..ro.•.f , a43r1' {i.:.+w:dM'6.Mn.!. a...._.
,y
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l
attached Purchase orders and to make payment therefore in the
purchases being in
amounts therein stated, such emergency P
accorcance with the provisions of stare law exempting such
purchases by the city from the requirements of competitive bids.
" SECTION III.
That this ordinance shall become effective immeliately upon
its passage and approval,
1987. a;
l j PASSED AND APPROVED this the 5_ day of
RAY TE HEM S, MA OR
CITY OF DENTON, TEXAS
r4 i 1 f rf
ATTEST:
F
k }
#x"~ CITY OF DENToN, T1'XAS
si APPkuVED AS TO LEGAL FORM:
µ v"`'~ DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
f ,
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PAGE TWO
j f
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i
DATE: A1ay S, 1987
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager j
SUBJECT: PURCHASE ORDER #78595 - WESCO
5
RECOMFIEMDATION: We recommend this purchase order in the amount of $33,000.00 to
I, Wesco be approved.
I
SUMMARY: This purchase order is for the purchase of several sizes o! insulated
cop, wire. this wire is for the secondary services for the Downtown Square Project.
C The quantities far exceed the normal Warehouse stock. The Imoortarre of completing
i this project by critical deadlines Is the basis for declaring this requirement an
emergency. Power to the Courthouse on the Square and all traffic controls in the area
x
are currently being supplied by way of a temporary system. +
, 1k
BACKGROUND: Tabulaton of Telephone Quotes
1 h• ' I I
Y
PROGRAMS, DEPARTWNTS OR GROUPS AFFECTED' E
.J
t, Electric Utility Department - Downtown Square Project
y5 t 5 r ,_Y~
FISCAL IMPACT.
1986187 Budget Funds for Electric Bond 4 s~
Account # 611-008-0252-9221
l5
y a r}! ~ gyVJ ~ { ! r•~!~ + A5. t r n~ ~ r
Respectfully submittel:
t w, . 5 i 5+
1 .~5 I
Lloyd V, Harrell
x !
,
City Manager '
i , 'w5 rv'lcr
,
Alt `
i >1 5 Name: Tom D. Shaw, C.P.M.
Title' Assistant Purchasing Agent
Approved:
St u .V i 5•P AYY., l~ 5 Y,
7W4tlj:P o allC,Prchasing Agent
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PHONE GUG1E {OFFER WSRE FOLELINE I CUMINS 1 TFh~.E i NELSON I WEM 1 NEM I 1
r~ YAFIOUS Sl2ES I I 1 I I I I I
I` QRTE 1127117 I ii(MiC 1 SL'FFLY I INC. I ELECTRIC 1 11 1 12 f I
SCO9L'NT1 ars•als-a2;i3-ti22; I I I ~ I I I I ~
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1........____.I............. .............I-------------I---....._._...;I
` 1 vENfGR I VENDOR 1 VENDOR
ITY i ITEM CESGR1F11O% VEw1OR I YE';IA I VMV I VE'IOOR
L, T
1............. 1.......... .........._..I....._._.....;
I I I I I I 1 1 1 ,
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► YnR101S WIRE I A 1 31.117,8' 1 33,131,11 1 33.:+7,11 1 75,70i,O8 1 33,01 1 I
F irlnchtles 601oss, 26osts,I I I 1 I I I
1 I I I I I
f € 111, 201, vol
f, I 12. 1111 I ! i I
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CITY OF DENTON, TEXAS
VI -B TEXAS STREET PURCHASE ORDER DENTON, TX 76101
P .O. NUMBER DATEd,VF 2 9% O. 2 DOCUMENT TY1'
75593
j M'S 19000
VENDOR v1►?FySHIP TO:
x_sco
1205 CYPQ9S3 STRF.FT rnNFIRMAT104 ONLY
P.O• BOX 37.17n nO 11:1T DUPLICATE
FORT WORT49 TX 76117
BID/REF. B
a j ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUNT
0t 6t0 030 0252 9221 10000 FEET 500 ACM THHN 17.130.00
s 02 $10 090 0282 9221 4000 FERT 25l. .4CM THHN 3.at 00
03 610. OSO 0252 9221 ROOQ FEET 4/0 THHN 6.000.00{,
O4 610 090 0232 9221 8000 FEET 2/0 fHHN 4.000.00 wi
} O9 910 090 0232 9221 7000 FE¢T 1/0 THNN 900.00L
Al 06 6t0 090 0292 9221 4000 FEET t2 THHN 1.200.00
07 610 090 0252 92P1 3000 FF.T 010 THHN 15O.OO
%
'
r l 69 Sl0 090 0292 9221 SECONDARY 6 SERVIC_S FOR 00MN-
09 510 090 0252 9221 TOWY SQUARE PQnJE<CT
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14, ` r The City of Denton, Texas Is tax exempt • House Bit; No. 20. Tt1 t. F . 0.0. 39•oobed0 E
..t, Reference P.O. Number on all 8/1.,Shipments and Invoices
r` Shipments are F.0,8, City of Denton, or as Indlested. By
1 - 6 ~ .Vfr! ~f ~ y
Seed lnvolces T0: Direct Inquiries T0:
n City of Denton, Accounto Payable John J. Marshall, C.P.M. Purchasing Agent
116 E. McKinney Si, Denton, TX 18201 Tom 0. Shaw, C.P.M. Asst. Purchasing Agent
(or as indicated on Purchase Orden 617/698.8311 D/FW Metro 267.0042 }
The City of Denton Is in equal opportunity employer
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DATE:05/0587
CITY COUNCIL REPORT FORMAT
1
TO: Mayor and Members of the City Council
FROM= Lloyd V. Marrell, City Manager
i
S7BJECT: Ordinance for 2-1842 I
RECOMMENDATIONS
The City council requested that an ordinance be prepared for :-1842 at
its meeting of February 3, 1987.
i, SUMMARY: An amendment to a 75 acre planned development located south of I-35,
c k
BACEGROUND:
The amendment would permit the construction of an eight (8) story
II building in the 43 acre section designated for commercial land use
t r and a 1 to 300 parking ratio. The transportation conditions have
r been revised after discussion with representatives of Oakmont Estates
s,•r' r' " and city Staff. The ordinance has been reviewed by Oakmont Estates
4and Mrs Curtis Hawley has concurred with the wording of the conditions.
} PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED!
All departments involved in the development process, '^J►,
' lISCAL IMPACTSr.
No impart can be determined at this times
Respectf submitte :
a Llc d V arrell
sF
city Me ag'er I.
Prepared bys
,
CeC le Carton
Urban PISAbor 1
7 , M r ,ed
s , . r f pyF}~' Ap OV
i ,i ~ ~ ~l a~ r h vti
Jeff e i °
Executive Director
for Planning and Development
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1756L
NO.
AN ORDINANCE OF THE CITY OF D£N1'ON, TEXAS, PROVIDING FOR THE
ADOPTION OF A CONCEPT PLAN FOR 43.4 ACRES OF LAND LOCATED SOUTH OF
I-35E AND SOUTHEAST OF STATE SCHOOL ROAD, AS IS MORE PARTICULARLY j
DESCRIBED HEREIN, ANU BEING A PORTION OF '[HAT PLANNED DEVELOPMENT
DISTRICT CREATED BY ORDINANCE NO. 86-109; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on June 3, 1986, the City Council, by the adoption of
Ordinance No. 86-1U9, approved the creation of a planned develop-
ment district for 74.8 acres of land, as described therein; and
WHEREAS, on February 3, 1987, the City Council held a public
hearing on the petition of The Nelson Corporation requesting
approval of a Concept Plan for 43.4 acres of the Planned Develop-
ment District, as described herein; NUW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Ordinance No. 86-109 is amended by repealing j
Exhio t~-3Tr,_ attached thereto. I
f SECTION 11. That, in accordance with the provisions of
artic?e11 of Appendix B-Zoning of the Code of Ordinances, Exhibit
t Yi'a "E", attached hereto and incorporated herein by reference, is
approved as the Concept Plan for the 43.4 acres of land described
therein.
SECTION III. That this ordinance shall be attached to
Ordinance o-Ro 80-109, showing the adoption of the Concept Plan
approved herein, and the amendments he"ein made.
rF' SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
f.
PASSED AND APPROVED this the day of 1987.
RAY 9TEPI , MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETAR
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
h
BY.
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k EXHIBIT "Ell
CONCEPT PLAN FOR OAXMONT DEVELOPMENT-43.4 acre Commercial Use
Tract, consisting of:
1. Legal Description (1 page);
2. Concept Site Plan (1 page); and r"
3. Development Standards (4 pages).
4. Phase III Land Uses (2 pages).
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1. Legal Description
FIELD NOTES
OAKMONT
43.40 ACRES
BEING a tract of land situated in the
1330, city of Denton, De O ;4 W, WALKER SURVEY, Abstract
nton County, Texas No.
COMMENCING at a point in the easterly line of Block 1 of Wimbleton Village,
Phase I, an addition to the City of Denton
1 point beini 77.66 feet northerly of the north•rlyt 1i eo oft Winston Drive, `
measured along the easterly line of said Block 1, said point also being In
the common city limits line between the Cit 1
`
Corinth; y o! Denson and the Town of
beettweenSthe do 00
of8 Dentn n and 00 a che E Town of tCorinth common samecity Surveys limits line
1801.74 feet to the POINT OF BEGINNING= y' Abstract so. 1730, a disalon tance the
THENCE North 01 deg 55 min 31 see East, leaving the southerly line of said
C.W, Walker Survey, a distance of 278,75 lest to a polar fo said
Saint being the beginning of a curve to the right having a centco
rralnerran,le o
O7 deg 41 min 12 see, a radius of 663.98 fact and a 83 deg 34 min l9 sec West, with a chord distance of 90.17dfast~ing of North
THENCE Northwesterly, along said curve to the right, to arc length of 90.24
feet to the end of said curve, a point for cornerl
THENCE North 79 deg 40 min 43 sec West, a distanee of 914,17 feet to a rne w
idetgasrling eaiemente point being In she northeast rly line of a SO foot
THENCE
easem nt4astfolluvstlY, along the northeasterly line of said gas line
North 09 deg U1 min 00 sec west, a distance of 499.98 feet to a point
for cornerl
North 12 deg 48 min UO sec west, a distance of 305.72 feet to a point
for eornarl
THENCE North 47 dog 09 min 00 sec West leaving the northeasterly ling of
said as ling essemant, a distance of 414.86 feat to a point for cornerl
THENC, North 42 deg 51 min 00 see East, a distance of 571,01 tee
t point for corner said point belag in the southwesterly line of In ate
to
Highway 35, (3160 loot R.O.W.)l testate
e
THENCE South 47 deg 07 min 00 sec East alont the southwesterly line of
Interstate Highway 3521 a distance of R78-42 eat to a p oint for corner,
said point being the beginning of a curve to the left having a central
angle of 03 deg 16 min 00 sec, a radius of 5879.64 lest, and • chord
leetl
bearing of South 46 deg 45 min 00 see East, with a chord distance of 339.18
THENCE South easterlyy, continuing along the southvestarl
Interstate Highway 35L1 and along said curve to the left, an area lenlthaof
THE C6 Southt50edoge23 mina00dsee lattl continuingc ilo nl the eouthv
line of Interstate Highway 35E, a distance o astarly
cornerl of 500.S2
11 ce to a oint fo
THENCE South 50 deg 33 min 00 see tests continuing along p r
F line of said Hi hva g g the southwesterldista nce y
point being in the common city ll its7,lineebatwo44 thinCityrof Dentonsind
the Town of Corinth, same be! N
1 Survey, Abstract No. 133ui In the southerly lino of the O.W, Walker
THENCE North $4 de 00 m2n 00 sec West, with to
between the City of Denton and the Town of Corlnth~ms mecbeing alonglt'he
southerly line of the O.W, Walker Survey, Abetraee No. ,
1:67,00 feat to the POINT OF BEOINNINO, and containing 13 49, acriisut 3enJ4o
,
,.I
Concept plan
OAKMONT
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3. Develop.tent Standards (1 of 4)
! STATEMENT OF INTENT
To ensure a development that provides a variety of goods and
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services intended to be compatible with existing and Pr
oPosed
1
land uses in the vicinity.
RELATIONSHIP TO DENTON DEVELOPMENT GUIDE
This development is located in a moderate intensity area and
provides diversity through a community unit concept with jobs
close to housing and a transportation balance eliminating
trips across town for day-to-day needs.
I 4
DEVELOPMENT SUM MMY
k Commercial and/or Office Uses 43.4 Gross Acres Total
16 Maximum lil F.A.R. Maximum floor area 1,890,504
u square feet
a ,e
,i TRAFFIC AND TRANSPORTATION
There shall be a minimum separation of two hundred (200) feet
between points of access off of the Interstate 35E frontage
road.
All streets, paving and parking lots shall conform to
standards employed by the City of Dentoq.
PROJECTED TRAFFIC GENERATION
Traffic projections outlined in the site rraff£c Analysis for
Clj Oakmont Estates prepared by Barton-Aschman Associates, Inc.
.r
_ BUILDINGS r' "
Building locations and minimum setbacks as shown on the
Concept Plan.
A building envelops is defined as that area within which
buildings are anticipated to be located. Building envelopes,
as indicated on the concept Plan, are subject to change. ;y
Maximum building height#eight 18) stories.
TREES
Tres masses are shown on the Concept Plan. Every effort will
be taken to ensure the survival of significant trees on site.
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3. Development Standards (2 of 4)
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SCREENING
j~ Screening elements shall be addressed on the Detail Plan.
Of?-SITIS INlOR'HATION E
As shown on the Concept Plan.
UTILITIES n
I:
Existing utilities as shown on the Concept Plan. The proposed
sanitary sewer location is subject to change. Precise j
w, locations of utility lines shall be addressed on the Detail
Plan for this area.
DEMOPMENT SCHEDULE ti
%
Detail Development Plans for initial phasing will be
submitted no later than November, 1994. At that
> p time, specific scheduling of Detail Plan submittals for the
remaining phases of this area will be outlined. It is
antioipated that buildout of the development should occur r u
within a 25 year period or by the year 2011.
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3. Development Standards (3 of 4)
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COMMERCIAL SHOPPING
PERMITTED USES:
All uses as permitted in the commercial and office zoning
districts, except that the following uses shall not be
permitted:
Amusement, Commercial (outdoor), Drag Strip j
or Commercial Racing
Asphalt or Concrete Batching Plant (permanent)
Brick Kiln or Tile Plant
Cemetery or Mausoleum
Dormitory, Boarding or Rooming House
' Dump or Sanitary Fill Area
F Extraction and Sale of Sand, Caliche, Stone, ? f!.
Clay or Gravel
Fairgrounds or Exhibit Area
Go-Cart track
Halfway House
s Hatchery, Poultry
Hauling or Storage Company ?
heavy hachinery Sales and Storage
Dome for Care of Alcoholic, Narcotic or i
'k< Psychiatric Patients
'a+a'~' Livestock Auction
Livestock Feeding Plant, Pens or Yards
"i Mining or Storage of Mining Wastes
Open Salvage Yard for Rags or Machinery etc
Petroleum Collecting c,r Storage Facilities
Private Utility Shop or Storage Yard
Rodeo Grounds
Sand, Gravel or Earth Sales or Storage
1 g"✓' : 4' Stable, Commercial Rental
Stable, Boarding
s: Stable, Private Club
Storage and Sales of Furniture or Appliances
Outside a Building
r Theater, Drive-In
1'4~ t Tire Re-Treading or Capping
Tool Rental
Trailer Camp or Mobile Home Park
Trailer Rental or Salas
Used Auto Parts Sales f
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Development Standards (4 cf 4)
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' REQUIREMENTS:
Height Requirements: Maximum of night (a) stories"
Area Requirements,
Front Yard - Minimum twenty-five (2S) feet.
Side Yard - Minimum fifteen (15) feet,
Rear Yard - No rear yard is required.
Landscaped 0 en S ace - Five percent (51) of the total lot
area-sf~al a ma nta ned as landscaped open space. S.,
Lot Coverage - Maximum fifty percent (50t) by buildings.
Floor Area Ratio: Maximum 1:1
Building Materials: The main building exteriors shall be
cons tof glass, stone, brick, tiles, cemant, concrete, or
similar materials, or any combination thereof.
Parkin Re uirements: One (1) off-street parkin s ace shall be
prodd for each three hundred square feet (3001) o floor space.
Traffic Requirements: "
j
Jt' 1. Mihen the level of service changes from C to D at the E
unsignali:ed intersection of State School Road and the
service roads of Interstate Highway 35-E, or accidents at
the above mentioned intersection exceed the guidelines of
the State Highway Department as determined by the City
Engineer, then, as a condition of receiving building
permits thereafter, 13,31 of the cost of the signalixation
equipment needed at that intersection or $5,200,00,
hall e id to tht it of , if
less, s
a,
L whichever is
the City of Denton would bbe presponsible Cfor theDnecessary
on
X signali:ation equipment.
i'2, by the date of any one or more land use shown in the
" attached list of "Phase III Land Uses" is projected to
lr generate vehicular traffic in excess of S0000 trips per
' day, as determined by the city Engineer, but in no case
' later than January 10 1992, a revised traffic study for
,y ?tj the entire 725 acre development, specifically addressing
all ac needs o part ot development located
91thin theCity of Denton, must be submitted to the City
"?ntineer.
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(1992-Completion)
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PFME III LANM USES
Tract Land US" I +
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7 C=%=ial Shopping j
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DATE: S/5/87
CITY COUNCIL REPORT FORMAT
T0: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: Adoption of an ordinance repealing Ordinance No, 86-005,
effective January 7, 1986, which provided for the annex-
ation of 296 acres of land being part of the I. Coy Sur-
vey, Abstract No. 2; W. Burleson Survey, Abstract No. 93;
B. Burleson Survey, Abstract No, 249; and the R. Johnson
Survey, Abstract No. 666.
i
RECOhSMENUATION: The Planning and Development Department recommends
repeal of the ordinance and immediate initiation of the
"reannexation" process for a S00' strip along the same
route as opposed to the existing 700' strip. A 500' strip
will achieve the same fundamental purpose of helping pro-
tect the City of Denton's boundaries and providing a mech-
anism to annex and control development in this area.
' SUMMARY: When the City of Denton extended its city limit line nurth
= a along I-3S in January, 1986 there was significant opposi-
tion from property owners. The purpose of the annexation
was to extend Denton's city limits as far north as possi-
ble without conflicting with the City of Sanger and other
neighboring communities. The minimum width of an area
be- ing considered for annexation is 500'. Previously approved
strips along 1-35N are 1000' in width. Staff suggested
y' that continuation of a 1000' strip would take in too many
residences and businesses and create a problem for both
f
4 7L 'k a, property owners and the City with respect to delivery of
services. Information on the effects of a 500' strip and
1 700' strip (compromise between the minimum width allowed
and existing 1000' strip) was provided and the City Council
decided to proceed with the 700' strip annexation with the
understanding that they would look at disannexing to 500'
later. Obviously, most property owners lobbied for no
annexation first and foremost, and the minimum 500' width
as their second alternative.
Staff received a ,request to reduce the width of the 700'
strip to 500' from a property owner a few months after
final annexation action was taken. In an attached opinion f
the legal staff advised that disannexation request was not
a in accordance with the correct statutory procedures. In a
later legal nandtannexationvate5001 isroneaofotwflhe
originas
che
possible approas.
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City Council Report Format
May 5 1987
Page
BACKGROUND:
I
Final annexation action was taken by the City Council on
January 7, 1986. The City of Denton was the petitioner
and the Planning and Zoning Commission recommended
approval.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Twenty owners of property were notified of the City's
proposal to annex the 296.97 acres (3 1/2 miles at 700
width). Reannexation at 500' width would incorporate
212.12 acres. All or a portion of 13 main uses (7 non-
e residential and 6 residential) are included in the 700'
strip. An abandoned residence, approximately 80% of
Love's Truck Stop, 5-10 feet of Smith Brothers Roping
Supply, and one single family residence would be included
in a 500' strip.
FISCAL _IMPACT: According to estimates by the Planning and Develop-
ment and Finance Departments the city would lose approxi-
mately $50352 in ad valorem taxes and $2,000 in sales
taxes, if the annexation is reduced from a 700' to a 500'
strip.
y Res tful-ly sybjfitte f
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w: ? City Manager
t,. Prepared by:
aV son
Senior Planner
Executive Director
for Planning and Development
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4
1760L
NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ANNEXATION
ORDINANCE NO. 86-005; AND PROVIDING FOR AN EFFECTIVE DATE.
r
1 WHEREAS, Ordinance No. 86-005, effective January 7, 1986,
provided for the annexation of 296 acres of land, as more
particularly described therein; and
WHEREAS, state law requires that before any city may institute
annexation proceedings, the governing body of such city shall
provide an opportunity for all interested persons to be heard at
two public hearings to be held not more than forty (40) days nor
less than twenty (20) days prior to institution of such
proceedings; and
WHEREAS, the required public hearings for Ordinance No. 86-005
were held on October 1S, 1995, and November 5, 1985, and
annexation proceedings were instituted on November 19, 1985; and
{
WHEREAS, the second public hearing was not held less than J,
twenty (20) days prior to the date of institution of annexation 33
i proceedings for Ordinance No. 86-005, as required by law; and
WHEREAS, the City Council wishes to repeal Ordinance No.Y
86.005; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 86-OOS is repealed.
" SECTION II. That this ordinance shall become effective
imme at83 el-upon its
y passage and approval.
ti PASSED AND APPROVED this the day of , 1987.
4
RAY STEPHENS, MAYOR
[ s ' CITY OF DENTON, TEXAS
a..' ATTEST:
{ 1
JENNIFER doh l ~ " `6
{ K Itpff f 1-
v
FETM
' V CITY SM
APPROVED AS TO LEGAL FORM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I
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, ~BY s ~ 114.x.
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DATE: 5/5/87
CITY COUNCIL REPORT FORMAL' 41F
TO: Mayor and Members of the City Council
1
j FROM: Lloyd V. Harrell, City Manager
SUBJECT: Adoption of an ordinance setting a date, time and place
for public hearings concerning the proposed annexation of
212.12 acres being part of the I. Coy Survey, Abstract No.
212; J. Ayers Survey, Abstract No. 2; W. Burleson Survey,
Abstract No. 93; B. Burleson Survey, Abstract No. 249, and E
the R. Johnson Survey, Abstract No. 666. (A-49)
RECOMMENDATION: Staff recommends that public hearings be held on
une 2 and June 16, 1987. j
SUMMARY: This action would initiate the annexation of our 3 1/2
mile strip along 1-3SN towards Sanger at 500' width in- I
stead of its existing 700' width. t
i
?i1 BACKGROUND:
?qa Final annexation action was taken by the City Council on
" j January, 1986. The City of Denton was the petitioner and
the Planning and Zoning Commission recommended approval.
f
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
+
,V ,
y Property owners and City of Denton
FISCAL IMPACT: The 500' strip would result in a decrease of approxi•
mately $5,352 in ad valorem taxes and $2,000 in sales taxes
' a according to calculations by the Finance Department and
lr` Planning and Development Department.
9 Re tfu'l}y itt d, ;
Llffd V. r
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City Manager
Prepared by-..
av son
s Senior Planner
1
} Ap o
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Executive Director
for Planning and Development "
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1761L
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NO.
` AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON
THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING
} AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. On the day of 1987, at 7:00
o'clock -PM. in the City Council Cham ers o the Municipal Build- I
ing of the City of Denton, Texas, the City Council will hold a
public hearing giving all interested persons the right to appear
and be heard on the proposed annexation by the City of Denton, I
Texas of the property described in Exhibit "A" attached hereto and I
incorporated by reference herein.
On the day of , 1987, at 7:00 o'clock P.M.
in the City Council Chambers o the unicipal Building of the City
4. r of Denton, Texas, the City Council will hold a public hearing giv-
Ing all interested persons the right to appear and be heard on the
E proposed annexation by the City of Denton, Texas of the property
d described in Exhibit "A" attached hereto and incorporated by
e:. reference herein.
E~ x SECTION II. The Mayor of the City of Denton, Texas, is hereby
author.ze an directed to cause notice of such public hearings to
} y; y: be published once in a newspaper having general circulation in the
City and in the territory described in Exhibit "A" not more than
twenty days nor less than ten days prior to the date of such
1 public hearings, all in accordance with the Municipal Annexation
M L{~ Act (Article 970a, Vernon's Texas Civil Statutes).
SECTION III. This ordinance shall be in full force and effect '
4e~ immediately following its passage and approval,
ra i ? PASSED AND APPROVED this the day of , 1987.
1
CITY OF DENTON, TEXAS
ATTEST: I
ACTING CITY SECRETARY
trot
APPROVED AS TO LEGAL FORM:
t
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY: Mr
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EXHIBIT "A"
All that certain lot, tract or parcel of land and being situated
in the City and County of Denton, State of Texas, and being part
of She I. Coy Survey, Abstract No. 212, J. Ayers Survey, k
Abstract No. 2, W. Burleson Survey, Abstract No. 93, B. Burleson
Survey, Abstract No, 249, and the R. Johnson Survey, Abstract
No. 666, and more particularly described as follows:
BEGINNING at a point in the present city limits, said point
lying in the north boundary line of a tract described in f
)rdinance No. 69-40, Tract VI, said point also lying 250 feet
west of and perpendicular to the centerline of I-3S; f
THENCE northerly 2S0 feet west of and parallel to the centerline
of said I-3S the following four (4) courses and distances; (1)
north 10 S8t west, a distance of 2,197.22 feet; (2) north 00 Sat
east, a distance of 6,174.83 feet; (3) north 9° )2' west, a
distance of 5,206.05 feet; (4) north 2° 50' west, a dietance of
4,897,93 feet to a point for corner, said point lying 250 feet
5 west of and perpendicular to the centerline of said I-3S;
THENCE north 870 10' east a distance of 500.0 feet to a point
for corner, said point lying 250 feet east of and perpendicular {
7~ w? to the centerline of said I-3S;
THENCE southerly 2S0 feet east of and parallel to the centerline
of said I-3S the following four (4) courses and distances; (1)
south 20 50' east, a distance of 4,870,86 feet; (2) south 90 Ott
east, a distance of 50222.45 feet; (3) south 00 SS' west, a
Fr,tr~. t distance of 6,205.77 feet; (4) south 10 S8' east, a distance of
2,184,78 feet to a point for corner, said point lying in the A
present city limits as established by the tract described in
r y Ordinance No. 69-40, said point also lying 2S0 feet east of and
perpendicular to the centerline of said 1.3S;
THENCE south 884 02' west along said present city limits,
passing at 250 feet, the centerline of said I.35 and continuing
i" for a total distance of 500.0 feet to the place of beginning and k
containing 212.11 acres of land. E
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1761L
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NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION
i
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
The City of Denton, Texas, proposes to institute annexation
proceedings to alter the boundary limits of said City to add the j
territory described in Exhibit "A", attached hereto and
incorporated by reference herein, to the corporate limits of the
City of Denton,
i
k' A Public Hearing will be held by and before the City Council j
of the City of Denton, Texas, on the day of ,
1987, at 1:00 o'clock P. M. in the C tI -7ouncil Cha`m ergs of the
Municipal Building of the City of Denton, Texas, for all persons
' interested in the above proposed annexation. At said time and M'
place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice.
A Public Hearing will be held by and before the City Council
of the City of Denton, Texas, on the day of ,
t't 1987, at 7:00 o'clock P. M. in the C tiy-Council Cam bets o the
j
Municipal Building of the City of Denton, Texas, for all persons
k4J r, 3' interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
n, M ' 1 heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice, i
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A S P M OR
CITY OF DENTON, TEXAS
ATTEST:
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ACTING CITY SECRETARY
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EXHIBIT "A"
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! All that certain lot, tract or parcel of land and being situated
in the City and County of Denton, State of Texas, and being part
of the I. Coy Survey, Abstract No. 211, J. Ayers Survey,
Abstract No. 2, W. Burleson Survey, Abstract No. 93, B. Burleson
Survey, Abstract No. 249, and the R. Johnson Survey, Abstract
No. 666, and more particularly described as follows:
BEGINNING at a point in the present city limits, said point
lying in the north boundary line of a tract described in
Ordinance No. 69-40, Tract VI, said point also lying 250 feet I
west of and perpendicular to the centerline of I-3S;
THENCE northerly 2SO feet west of and parallel to the centerline j
of said I-35 the following four (4) courses and distances; (1)
north 10 58' west, a distance of 2,197.22 feet; (2) north 011 53'
t, east, a distance of 6,174.83 feet; (3) north 9° 02 west, a y
distance of 5,206.05 feet; (4) north 20 SO' west, a distance of
!1q 4,897.95 feet to a point for corner, said point lying 250 fee'
west of and perpendicular to the centerline of said I-3S;
THENCE north 876 10' east a distance of 500.0 feet to a point
for corner, said point lying 250 feet east of and perpendicular
t" to the centerline of said I-3S;
y., THENCE southerly 2SO feet east of and parallel to the centerline
of said I.35 the following four (4) courses and distances; (1)
Asouth 2° SO' east, a distance of 4,870,86 feet- (2) south 90 02'
east, a distance of 5,222.45 feet; (3) souA 00 53' west, a ! Y
distance of 6,205.77 feet; (4) south t° $8' east, a distance of
r' 20184.78 feet to a point for corner said point lying in the
present city limits as established 6y the tract described in
1 Ordinance No. 69-40, said point also lying 150 feet east of and
ail perpendicular to the centerline of said 1-3S;
THENCE south 880 02' west along said present city limits,
passing at 250 feet, the centerline of said 1.35 and continuing
for a total distance of SOO.0 feet to the place of beginning and
k containing 212.12 acres of land.
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OFFICE OF THE CITY ATTORNEY
MEMORANDUM
E E
TO: David Ellison, Senior Planner
FROM: Joe D. Morris, Assistant City Attorney
I
SUBJECT: Rea
nnexa
lion of Area Included in Annexation ~
Ordinance No. 86-005
DATE: March 16, 1987
In response to your request dated January 9, 1987, we are sending
a copy of the proposed ordinance repealing Ordinance No. 86-OOS,
4 and copies of the required public notice and proposed annexation
ordinance for the "reannexation" of a portion of the area pre-
viously annexed by ordinance No. 86-OOS. We would suggest that
f you have the Council approve the ordinance repealing Ordinance No,
86-005, and then begin the procedures necessary to "reannex" the
reduced area,
Since there was a procedural defect in Ordinance No. 86-OOS, in
that annexation proceedings for that ordinance were instituted
before the lapse of the necessary time after the second public
hearing, as required by State law, the ordinance is invalid. How-
V, ever, should the state Legislature pass an appropriate validating
statute, that ordinance would become valid as of the effective
date of the statute. Therefore if the City does not want to
annex the land included in Orh nance No. 86-0050 it will Ld
necessary to repeal the ordinance before the Legislature acts so
r as to prevent its validation,
If you so direct, we will add a section to the attached ordinance
repealing Ordinance No. 86.005. Because of time limitations, you
IN ~i should go ahead and advertise for the attached ordinance.
9 r
As an alternative to repealing Ordinance No. 86-DOS and beginning
M S;` t new annexation procedures for the reduced area, you could wait
t 4"t until the ordinance is validated, then disannex a portion of the
area in accordance with the procedures of State law, as outlined
in Opinion No. 86-09. That alternative, of course, may be
unacceptable because the disannexation procedure would rely upon a
majority of the persons living with the annexed area initiating
the disannexation Procedure by petition,
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i David Ellison
4 March 161 1987
page Two
in closing, if you want to insure that ordinance No. 86-005 is not
j
validated, we would emphasis that you will need to have the Council ~ -r
act upon the ordinance repealing Ordin~ine eL gislatures before
courses `
Legislature passes a validating act.
began its first called regular sessions in January of this year.
last applicable validating statute concerning
Although, the previous Legislature on June 15,
annexations was passed by the called regular session, You
l9qS ho which was during for
s
hou~d not depend upon this Legislature doing likewise. If 6_005
Legislature is not ,
some reason you want t delay urselfhthatg the Ordinance
yourself
repealed, you should sati sfy
going to enact a validating statute during that period of time.
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9~ gyp. t JDM:js
t°yA' xc: Lloyd V. Harrell, City Manager t
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APPROVED:
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OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: David Ellison, Senior Planner
FROM: Joe D. Morris, Assistant City Attorney
SUBJECT: OPINION NO. 86-09
Disannexation Procedures
DATE: August 1S, 1986
l
In your request received on June 16, 1986, you ask our office to
prepare the appropriate legal documents for the disannexation of
land. The land to be disannexed is a 250 foot strip laying
adjacent to and paralleling a 750 foot strip of and running
along Interstate Highway 35, which was annexed by Ordinance No.
' 86.05 earlier this year. lie understand that the request for
reduction in the annexed land from a 750 foot strip to a 500
'rv 3 foot strip of land came from landowners in the area. In light
of the provisions of the Municipal Annexation Act, we believe
that it is not appropriate at this time to prepare an ordinance ,
l providing for disannexation.
Article 970x, the Municipal Annexation Act, provides a specific
procedure to be followed for the disannexation of land, which
may be briefly summarized as follows. When an annexing city
fails to discharge its obligation to provide equivalent city
services to the annexed area in accordance tith the service plan
required by the Act, a majority of the qualified voters residing
in the annexed area may petition the City Council to disannex
the area. (section ]OF) The petition must be prepared in
accordance with the detailed requirements of form required by
the Act. (section 10H) In addition, prior to the circulation
of the petition, notice of the petition must be given by posting
and publication. Proof of posting and publication must also be
submitted along with the petition, (section IOH). If the City E
Council fails or. refuses to disannex the property within sixty E
days after a proper petition is submitted, any person who had
signed the petition may file a suit in district court requesting
that the land be disannexed. If the court finds that a proper
petition was filed with the City, and that the City failed to
perform its obligations in accordance with the service plan, the
court shall enter Its order disannexing the land. (section ]OF)
5' i 4
! I 1
OPINION NO. 86-09
August 15, 1986
Page Two
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It Is Important to note that if an area is disannexed in
accordance with the Act, it may not be again annexed within five
years of the date of disannexation. If it is again annexed with-
in seven years of disannexation, the period for implementation
of a service plan shall not exceed one
(section 10G) year from reannexation.
The courts have held
that as a result of enactment of the
i Municipal Annexation Act, "the governing body of the city does
not have the right to repeal an annexation ordinance or to adopt
a disannexation ordinance without following the s ecific
procedural requirements establi p
shed in ~ "
Art
Hitchcock . 9,Oa.
v.
city Lon mire of
572 S.
w, 2a
122
Di] st. writ ref1d (Civ. App. - Houston St
!io n. r, e.) See also Ya
usto _ ra
n, 583 S.W. 2d 935 v• Cit of
Stston wr-Tt-ref'd n.r.e.); Cit ( of ,Temple voFulton~ 430 S .W.. 2d 737
(Civ. App. - Austin 1--Q, "fiat 9VE'd n.r.e. '
We conclude therefore, that the City may not disannex property
without compliance with the detailed provisions of municipal
Annexation Act. We understand that no formal petition for
disannexation has been submitted. When and if a proper petition
for disannexation is filed with the Clty, we will prepare the
necessary documents to act upon the petition, as ii.structed by
.j the City Council or as requested by your department. Until such
time, we will defer taking any further action on your request,
~t
r , Respectfully submitted,
1
. 1A/y
"Ni JDM: f s 'rc
M xc: Lloyd V. Harrell, City )iana,
Jeff Meyer, Director, Planning 6 Community Development
APPROVED:
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(214-579-8015)
1308 Mosswood
Irving, Texas 75061
February 26, 1986
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Honorable Mayor Richard Stewart 6
Members of the Denton City council
215 E. McKinney Strut
City Municipal Building
Denton, Texas 76202
Dear Mayor Stewart and Council Me,tberss 4 $
'r a f
WOown9acres on 135
a portion of which was taken into the City of
Juary, 1986. Denton in
The 9 acres are cut of the J. Ayers Su-veyp 2o
located on the east side of the freeway y 1460 feat along Abstract al and
r t t I hi9fmY rnd about 271 feet deep. The 750 eet Pstrip itaken into the ;
" . limits takes in the biggest P taken into Denton city
portion of our property. See the drawing attac:,ed. r:
Uar preference would be to be
I l out of the limit are available at this time, gut iletely ccrPte 1 tt awxlyis note; since no
then m
i
}1 r Wo request that at least a reduction of the strip from 750 feet bllet500 feet Made by the Cotmil. This reduction would give 1
andowners some relief.
Cm reason for this request is because of the involved
l that since
taxes water end sewer services are not planned for this areaorsevPxal feeyears
cannot afford to pay city taxes for services was are not being Be that we
`t I am
sure Thank you for your time and consi4eration j
t"• in this matter. Can Plea m advise if concern.
is some other procedure we need to rqlZow.
Sincerely youxes
Julius B. t111~nr
[a; ~ - ~ Enolnaure
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1205L
NO. ~
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXASr BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF APPAOXIMATELY 296.97 AMS OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING
€ PART OF THE I. COY SURVEY, ABSTRACT NO. 212, J. AYERS SURVEY,
ABSTRACT 2, W. BURLESON SURVEY, ABSTRACT 93, B. BURLESON SURVEY,
ABSTRACT 249 AND THE R. JOHNSON SURVEY, ABSTRACT 666, DENTON
COUNTY, TEXASr CLASP ^YING THE SAME AS AGRICULTURAL 'A` DISTRICT
PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Denton, texas,
r on the petition of City of Denton, Texasi and
r WHEREAS, an opportunity was afforded, at public hearing held
for that purpose on the day of I(Zr~d , 1965 in the
Council Chambers for all nterested pert s to state their views
r and present evidence bearing upon the annexation prow+d by this
j ordinances and
t WHEREAS, an opportunity was afforded, at a pub to hearing held
for that purpose on ene day of , 1985 in the
iI f Council Chambers for all interested persons to state their views
and present evidence bearing upon the annexation provided by this
Ordinance; and
Y
WHEREAS, this ordinance has been published in full at least
t one time in the official newspaper of the City of Denton, Texas,
{r1 prior to its effective date, and after the guolic hearings;
3 yryY NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,
SECTION to
41
c That the hereinafter described tract of land be, and the same
pis i S. is haraoy annexed to the City of Denton, Texas, and the same is
made hereby a part of said City and the land and the present and
future inhaaitan a thereof shall be entitled to elt the rights and
privileges of other citizens of said City and shall be bound by
I i. the acts and ordinances of said City now in effect or which may
hereafter be enacted and the property situated therein shall be
t subject to and shall bur its prorata part of the taxes levied by a
the City. The tract of land hereby annexed is described as
f i~d Sollows, to-wits
All that certain tract or g
parcel of land lying and being situated
in the County of Denton, State of Texas and being part of the 1.
y Coy Survey, Abstract 212, J. Ayers Survey, Abstract 2, W. Burleson I
Survey, Abstract 93, B. Burleson Survey, Abstract 249 and the R.
r~ Johnson Survey, Abstract 666 and more particularly described as
ia fOIIawII
BEGINNING at a point in in* peasant city limits, said point lying
in the Noftn boundary line of the tract described in Ordinance No,
69-40, Tract VI, said point lying ISO feet West of and
perpendicular to the center line of I-35;
i
THENCE Northerly, 350 feet West of and parallel to the center line
of 1.35 the following four (4) courses and distances
y (1) NORTH 10 56' Neat, a distance of 20199,71 feat, (2) North
{ 00 $3' East, a distance of 6,168.54 feet; (3) North 9o 02'
West, a distance of S,202.79s (4) North 20 SO' West, a distance
of 4,903.36 feet to A Point for A Corners
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THENCE North 870 10' East, passing at 350 feet the center line
of t-35 and continuing for a total distance of 700 feet to a point
for a corner, said point lying 350 feet East of and perpendicular
to the center line of I-351
THENCE Soutnerly, 350 feet East of and parallel to the center line
of I-35 the following four (4) courses and distanceai
(1) SOUTH 20 50' East, a distance of 4,865.44 feats (2) South
90 02' East, a distance of 5,225.71 feetr (3) South 00 53'
West, a distance of 6,211.96 feet, (4) Soutn 10 $8' East, a
distance of 2,162.29 feet to a point for a corner in the present
city limits, said point lying in the North line of a tract
described in Ordinance 69-40, Tract VIr
THENCE South 880 02' West, along said present city limits,
1 passing at 350 feet the center line of I-15 and continuing for a
( total distance of 700 feet to the place of beginning and
containing 296.97 acres of land more or lees.
SECTION II.
' The above described property is hereby classified as
Agricul- tural 'A' District and snall so appear on the official toning map
of the City of Denton, Taxas, which map is hereby amended
s
accordingly. ,
' SECTION III.
fl " ,
f Should ■ny section or part of this ordinance be held
unconstitutional, illegal or invalid, or the application thereof
ineffective or inapplicable as to any territory, such uneonstitu -
tionality, illegality, invalidity or ineffectiveness of such
(ti section or part shall in no wise affect, impair or invalidate the
remaining portion or portions thereof, but as to sucn remaining
portion or portions, the same shall be and remain in full force
and effect( and should this ordinance for any reason be ineffec-
tive as to any part of the area hereby annexed to the City of
Denton, such ineffectiveness of this ordinance as to any such part
or parts of any such area shall not effect the effectiveness of
y , t°^ this ordinance as to all of the remainder of such area, and the
City Council hereby declares It to be its purport to annex to the
City of Denton every pert of the area described in $action I of
q ) tnis ordinance, regardless of whether any other part of such
,l x described area is hereb, effectively annexed to the City.
Provided, further, that ff there is included within the general
description of territory set out in Section I of this Ordinance to
'A"* be hereoy annexed to the City of Denton any lands or area wnich
1Z I are presently part of and included within trio limits of the City
r , t,+ of Denton, or which are presently part of and included within the
limits of any other City, Town or Village, or which are not within
the Clty of Denton'a jurisdiction to annex, the same is hereby
excluded and excepted front the territory to bt hereby annexed At
fully as if such exoludsd and excepted aria ware expressly
described heroin,
SECTION IV.
t This ordinance shall be effective immediately upon its passage.
Introduced before the City Council on the day of
1985,
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a PASSED AND APPROVED by the City Council on the day of
EWAFK
CITY OF DE TON, TEXAS
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s ATTEST:
It
,t x CITY OF DENTON,~TEXAS
Are ~
APPROVED AS TO LEGAL FORM:
DEBRA ADANI DRAYOVITCH, CITY ATTORNEY s
CITY OF DENTON, TEXAS
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CITY OF DBNTON
r MEMORANDUM
ik
i
ti DAM December 12, 1485
a
TOt Mayor and Members of City Council
{ FROKt David Rlltson, Senior Planner
r ,
SJBJBCTt POSSIBLI WINSION OF THR CITY LIMITS APPROXIMATELY THRBB AND ON!
HALF MILES ALONG 1-35H (A-26)
r The City Council requested information concerning businesses and residences j
)R d `I that will be included in the above referenced annexation, it approved. The
attached information was gathered using the best available maps and aerials,
N V~ f t
Measurement@ and distances provided were setimated without benefit of
sophisticated equipment and techniques, used when doing formal surveys, but
the information to accurate enough to rive a better picture of the potential
impact of the proposed annexation on affeated properties.
State has attempted to show how
' a 7501 and a 5001 strip will be affeected . Allhpropertynfrontagsxoutsidefofoth
'rr• highway department R.O.W. is affected to varying degrees along the entire
these and one-halt mile stretch (front yards), but few businesses, or
i
residences, or structures would be included in a 5001 strip. Annexation of
the 7501 strip would include a significantly greater number of main uses.
"r Speoitioally, all or a substantial portion of 13 out at 18 main structures or
ks! '''4 w{ uses would be annexed in a 750' strip (sewn nonrestdentlal uses and $ix
residential uses). All of an abandoned residence, eighty peroent of the
facilities at Loves Truck Stop, and a maximum at five to ten feet of the
front portion of Smith Brothers Roping Supplies and a mingle-family residence,
r are the only uses or structures that would be annexed within a 500' strip. A
total of 20 owners of properties are included to the proposed area of
annexation according to current information taken from the tax rolls,
a f
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i Mayor and Members of .ty council
December 12, 1985
Page 2
The City Council must take final action within 90 days after November 24, 1985
(date of institution of annexation proceedings), otherwise, the annexation
process must be reinitiated from the beginning, it the City Council chooses
to reduce the width of the strip to 500 teak, an amended final ordinance must
be published at least 30 days prior to the date of final action. The earliest
regular meeting that final action can be scheduled for with respect to a 7501
strip is January 7, 1986. The latest possible date that final action can be
taken, regardless of the width of the strip, is February 22, 1986. it the
area of annexation is reduced staff should be able to make revisions, publish
an ordinance, and schedule final action, it a decision to do so is made no
later than the regular City Council meeting of January 7, 1986.
'r
David Bllis
• on
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00370
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A-26
STRUCTURES AND VSRS
I I APPROXIMATK I I I I
I I I DISTANCE FROM I JAPPROXIMATI I I
! I I KDGE OF SIRVICK IPROM CRNTBR LINK (PORTION OF (PORTION OF I
I TYPE OF USE I I ROAD TO PACK OF IOP I-35 TO PACK IMAIN STRUCTURK IMAIN STRUCTURE I
I (AND OWNER) I LOCATION I MAIN STRUCTURK [OF MAIN STRUCTURKIWITHIN 750' STRIPIWITAIN 500' STRIP(
I 1. PROPSSSION-I West side of I 138 feet I 320 feet I All I None I
I AL OFFICE I I-3511, north of I I I I I
! (D.C.L.D. I and abutting I I I I I
CORP.) i Casa de Rodolphoi i !
I 2. CASA D9 I West side of I 110 feet I 310 feet All o• restou- None of restau- I
I RODOLPHO I I-35N approxi- I ( I rant nd sign I rant (sign only)(
! MEXICAN FOOD lately 1,700 ( I I I I
RESTAURANT feet north of I I I I I
! (RODOLPHO I Rector Road I I I ! I
CRUZ)' i overpass I I 1 1
1
3. StNOLe West side of 115 feet { 270 feet All None
FAMILY ! I-3511 approxi- I I I I
RISIDINCI I lately 900 feet I I I I I
(UNCIRTAIN I south of Casa I I II I II
I 07 CURRI T de Rodolpho I I I I !
{
I I I I I
N. 8INOLN West side Ct 80 feat 230 feet All I(axIMA 5-10 I
P"L? ! 1-35K approxi- I I ! ! test of front
I RtBIDINCt !stately 400 feet I ! I I face of building
(UNCIRTAIM north of Rector I ! I I
O~VRRINT Road overpass i I I II
I I !
5., EINOLN Welt side of 70 feet 270 feet All Mons
FAMILY ~ I-3511 at corner
RISIDINCE of Rector Road I I `trI
(RON11ie , West and , I I I
I SCHIRT2) I service road I
1
1116)
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A-26
December 12, 1985
Page 2
I I I APPROXIMATE 1
I I I DISTANCI FROM I (APPROXIMATE I
'I I I I EDGE OF SERVICE IFROK CENTER LINE 1OORTION OF (PORTION OP I
I TYPE of USE I I ROAD TO PACE OP IOF I-35 TO FACE IMAIN STRUCTURE I
(MAIN 9TRUCTURBI I
I tAND OWNER) I LOCATION I MAIN STRUCTURE 1OF MAIN S_TRUCTUREIWITHIN 750' STRIPIWITHIN 5001 STRIPI
1 6. SINGLE I Heat side of I TO feet 1 270 feet I All I None I
1 FAMILY I I-35N adJacent I I I i 1
I RISIDENCE I and south of
II (WALTIR 1 residence above
SCHIRTZ) i i I I 1
I I
7. MOBtLI HOME( West side of I 245 feet I 390 feet I None I None I
1 RIStOUCE I I-35N adjacent I I I I
(CARL I and north of Btgl I I
1 Tex Sandblastingi
VINZANT) 1 Co.
i I I I I I 'I
B, BIO TEX I Weut aide of 1 140 feet 1350-400 toot I No More Than 1131 None of Building:
SANDBLASTING 1 I-35N, North ot1 1 1 of 8truokure ( (Replica or 1
CO' I F.M. 156 1
i
I status of sit
`I (11LIN GOODt) i I I I i Tex within 5009I
4. PAUL'S I I I 1 I I
Ie9SN side of i 300 feet I 420 feet (None of Building (Non, of Building 1
CRIATiVI I I(Rntranoe and
1 (Rn canoe i Sign) ;
g Martin l sign only) i only)
c
jpau
eta") i 1
I 1 l ~
10. BtNOLIWest side of I I I I 1
1 50 feet i 255 feet ; None 1 None
FAMILY RIO, 1 I-35V at Hiles
(ALLM n) ~ Road overpass
. ' ' I 1 I I 1 j j
1=-• I I I I ( 1
i} fkY; ' h
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A-26
December 12, 1955
Page 3
I I I APPROXIKATR I I I I
I I I DISTANCE FROK IAPPROXIKATI I j I
I I I IDOI OF 3IRVICR IFROM CINTIR LING (PORTION OF ]PORTION Or {
TYPI OF USI I I ROAD TO FACT OF IOF I-35 TO FACT IKAIN STRUCTURI (MAIN STRUCTURR
(AND OWNIR)_ ` LOCATION i MAIN STRUCTURE, iOF MAIN STRUCTURI,WITHIW ,7% STRIPiWITHIN 500' STRIP
111 BLUR KOUND { West side of I 135 feet I 270 feet I All or Building I None of Buildtngl
I KITHODIST I I-359 approxi- j I I I I
I CHURCH I mately 1,600 ft.l I I I I
(BLUR MOUND { south of Kilsm I { I I I
{ M97HODIST I Rd. overpass I
1 CHURCH)
It. BLUR MOUND I South and Ad- { 140 test I 250 feet I Approximately None
I CRMRTIRY I iaeent to Church] I 150% of cemetery {
,I ( I 1 I I j
134 BLUR MOUND ( South and ad- { 130 feet j 210 feet j All j None j
COMMUNITY ( jacent to come- I I I I I
` CINTIR ! tell I I I I I
I L ~lr_. I
144 $Kt"t BROS.) Vogt side at I 130 test 255 feet I 90% of Main I Maxie= 5-10 ft.l
ROPIMO $up- { 1-35 approxi- I j I Building and I of front tart {
PLt (JOHN 1400 ft. North j I Intranet I of main buillLngl
T. SMI'T'H) { of Canter Road I I (entrance fate
` overpass I I I = within 500'
E I l strip)
15. CAUSLI I last side of I I {
I 410 feet I 570 feet I None of Main I None of main l
BtABLIS I-359 approxi- { I I Building I building {
(CAUM _ mately 400 ft. I I { (Intranet gatel (Intranet only){
alt"RPRtess)I south of Kilos { { only)
it Road overpass ( I I (I
l 1 t I
''1116]
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A-26
December 12, 1985
Page #
( I I APPROXIMATC I I i I
k I I DI9TANCI TROK I IAPPROXIMATI
I k I IDOL OT BSRVICI IrROM CINTRR LIRE (PORTION Or IPORTION Or
I TTPR Or USE I I ROAD TO PACE OP IOP I-35 TO TACI IMAIN STRUCTURE (MAIN s'RUCTURI
( (AND OYNIR) 1 LOCATION 1 MAIN 9TRUCTURN 10r MAIN $TRUCTURIiWITH ILIJO` BTRIPIVITRiIL 5001 STRIP(
j 16. LOVIPS j east side of I I I I I
I S8 feet I 160 feet I All asttities I e01 et structural
BTOPS 1-35N approxi- I to canopy 1 I I and tsoilities
(UNCIRTAIN I ssstely 400 ft.
I Or CUM" I south of Milsm j 80 feet I I I
I I I
OWNER) i Road overpass i to Canopy 1 I I
1 I
17. NOQILC NOM) Cast side of I 160 toot I 330 feet I All I None
RISIDINC2 I I-35N approxt- I I I I I
I (UNCINtAIN I sately 3,200 ft.I I I I
I or OURNSW I North of Kit" I I i I
4 OUNSR) I Road overpass i I
I I t 1 ~ I
18 AEANl"80 Cost side of 115 toot 240 feet I ALL ALL I
Rtb1DdlCt 11-35V approxi- I I I I
(UWC1*tA1N I eately 2,200 ft.I I I k
60 OUR"" I south of Motor
OYNtR) Road overpass I j j I
. .I t I (
I I ~ I
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9
PROPERTY OWNER PXPLY FORMS
CITY COUNCIL
A-26
IN FAVOR IN OPPOSITION UNDECIDED
None Received Albert Schertz
Route 21 Box 725
Sanger, TX
I
John C. Garrison
Route 1, Box 715
Sanger, TX
Darin Goode
a Route 11 Box 707
Sanger, TX
Albert H. Linenschmidt
Route 1, Box 485
Denton, TX s
Bobby Jack Linenschmidt
~r 6818 Patrick
Dallas, TX f
Virginia L. Singleton
6523 Lake Circle
s~ , d\ Dallas, TX
Mary Oesch Linenschmidt
`<< 6818 Patrick
Dallas, TX
} John T. Smith
1-35 a Ganzer
k~ Denton, TX
F' Walter W, Schertz
~ Route 1, Box 704
Sanger, TX -
Steve Mallon
Cauble Enterprises
P,O. Box 1926
Denton, TX t i
f
D.C,L,D. Corporation f
F P,O, Box 247 i
Sanger, TX
j,- I
Casa DA Rodolfo Restaurant
P,O. Box 427
Sanger, TX
j
s#, Intratex Land i Cattle Co.
r_! P.O. Box 247
Sanger, TX
" (not on mailing list)
w iuyygyrryyyti ri'Mr. s _ •p•.". j.lL Vie' x FS\VA^
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1721L
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i
RESOLUTION NO.
A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF MAY 19,
1987; AND PROVIDING FOR AN EFFECTIVE DATE,
i
WHEREAS, the regular Council meeting of the City of Dentir
scheduled for May 19, 1987 is hereby changed due to a conflic.
with the annual meeting of the American Public Power Association;
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTUN, TEXAS:
SECTION 1.
That the regular Council meeting to be held on May 19, 1987
be changed to May 12, 1987.
PASSED AND APPROVED this the Sth day of May, 1987.
r. T1 A
P
CITY OF DENTUN, TEXAS
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ATTEST:
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JENNIFER WILTERS9 CITY snIMTM
CITY OF DENTON, TEXAS I~
r
t r R.! APPROVED AS TO LEGAL FORMt I
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTUN, TEXAS
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BY: s
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DATBt 04/20/87
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell, City Manager
SUBJECT: ABSOLUTION TO AMEND THB AIRPORT LEAS6 AORSBMBNT OF PORT-A-PORT
RBCO_ lwi6~ONt
It is the recommendation of the Airport Board to approve the ¢
Port January by and
amendment to the lease agrment
betweon the Clty
insurance requirements of the lease.
r
SUMMARY:
The insurance market has become in recent years so unpredictable
that some measure was needed to accommodate the changes in the
market. This amendment defines tome that will protect both the
City of Denton and the airport tenants in an unpredictable insurance ^1
}F,: market.
RO RAMS SP RT NTS OR GROUP9 AFFECTED:
This amendment should not affect any other department or group.
~r {,q ti FISC` l_mACTt
r There will be no cost to the General Fund.
r Respect y submittedt
x
y` City Hager i
Pre d by:
@a~,r
Bowling
On
h
Airport Man or
A i h"r
Appro
R ck Svehla d
Deputy City Manager 8xeeutive
Director for Engineering
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1765L
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RESOLUTION NO.
AMENDMENT NO 1 TO THE AIRPORT LEASE
A RESOLUTION AUTHORIZING
I
j BETWEEN THE CITY OF DENTON AND PORT-A-PORT; AND PROVIDING FOR AN
EFFECTIVE DATE.
i
WHEREAS, certain real property upon the Denton Municipal
f Airport was leased to Port-A-Port, a Texas partnership, by lease
agreement dated January 20, 1987; and
I
WHEREAS, the City of Denton and the lessee desire to amend
the let:e agreement; and
;i WHEREAS, the Airport Advisory Board for the City of Denton
has recommended approval of the proposed airport lease
amendment; and
WHEREAS, the City Council of the City of Denton, Texas,
` believes it to be in the interest of efficient airport
operations to approve such lease amendment; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTO.Y:
r SECTION I.
The attached amendment to the airport lease agreement;
between the City of Denton and Port-A-Port dated January 20,
AA 1987 and also attached hereto, is hereby approved.
v SECTION II.
The Mayor is hereby authorized to execute the attached lease
amendment on behalf of the City and the City Secretary is hereby i
directed to affix this resolution, with the executed lease i
amendment attached, to the original airport lease agreement
dated January 20, 1987, inscribing on the original agreement the
fact it has been amended and the effective date of such
:.y amendment. {
SLCION III.
k
That this resolution shalt become effective immediately upon
its passage and approval.
j
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PASSED AND APPROVED this the day of , 1987.
RAY STEPHENS, MAYOR
r CITY OF DENTON, TEXAS
r4 a
.E ATTEST:
P
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ACTING CITY SECRETARY
CITY OF DENTON* TEXAS
1 J" F.
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
a <dr.~,l CITY OF DENTON, TEXAS,
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1765L
i
THE STATE OF TEXAS S AMENDMENT NO. 1 TO AIRPORT
LEASE AGREEMENT BETWEEN THE
COUNTY OF DENTON S CITY OF DENTON AN) PORT-A-PORT
WHEREAS, certain real property upon the Denton Municipal
Airport was leased to Port-A-Port, a Texas corporation, by lease
agreement dated January 20, 1987; and
WHEREAS, the City of Denton and the lessees desire to amend
the lease agreement to require that Lessee maintain various I
rolicies of liability insurance; NOW, THEREFORE, iiii
WITNESSETH:
The City of Denton, Texas, hereinafter referred to as "Lessor"
and Port-A-Port, a Texas corporation, hereinafter referred to as
"Lessee", for and in consideration of the rents, covenants and
conditions contained herein, do hereby mutually agree that the
airport agreement between Lessor and Lessee dated January 20,
1987, is hereby amended as follows:
1. Section XIV, INSURANCE, is amended to read as follows:
A. REQUIRED INSURANCE: Lessee shall maintain continuously
in effect at a t mes uring the term of this agreement, at
Lessee's expense, the following insurance coverages.
r
M' 1. Comprehensive General Liability covering the leased
3 1 premises, the Lessee or its company, its personnel and
its operations on the airport, `
r
2. Aircraft Liability to cover all flight operations of
Lessee.
3. Fire and extended coverage for replacement value for all
r facilities used by the Lessee either as a part of this f
agreement or erected by the Lessee subsequent to this
agreement.
:a 4. Liability insurance limits shall be in the following
minimum amounts:
I
Bodily Injury and Property Damage: I
$1,000,000 combined single limits on a per occurrence
basis
5. All policies shall name the City of Denton as an
additional named insured and provide for a minimum of
thirty (30) days written notice to the City prior to the
effective date of any cancellation or lapse of such
f r` policies.
so
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6. All policies must be approved by the Lessor.
7, The Lessor shall be provided with a copy of all such
policies.
B. During the original or extended term of this Lease, Lessor
herein reserves the right to adjust or increase the liability
4 insurance amounts required of the Lessee, and to require any
additional rider, provisions, or certificates of insurance, and 1
Lessee hereby agrees to provide any such insurance requirements as
may be required by Lessor; provided however, that any requirements
shall be commensurate with insurance requirements at other public
use airports similar to the Denton Municipal Airport, in size and 1
in scope of aviation activities, located in the southwestern
region of the United States. j
Lessee herein agrees to comply with all increased or adjusted
insurance requirements that may be required by the Lessor through-
out the original or extended term of this lease, including types
of insurance and monetary amounts or limits of insurance, and to
comply with said insurance requirements within sixty (60) days
following receipt of a notice in writing from Lessor stating the
increased or adjusted insurance requirements. Lessee shall have
the right to maintain in force both types of insurance and amounts
of insurance which exceed Lessor's minimum insurance requirements.
In the event that State Law should be amended to require types
of insurance and/or insurance amounts which exceed those of like
;r or similar public use airports in the southwestern region of the
United States of America, then in such event, Lessor shall have
the right to require that Lessee maintain in force types of
insurance and/or amount of insurance as specified by State Law.
Failure of Lessee to comply with the minimum specified amounts +
or types of insurance as required by Lessor shall constitute
Lessee's default of this lease.
IN WITNESS WHEREOF, the parties have executed Amendment No. I
+ to this airport lease this day of , 1987.
- PASSED AND APPROVED this the day of , 1987.
CITY OF DENTON, TEXAS, LESSOR f
BY: nT-6TEPHENS, MAYOR
{ AMENDMENT NO. 1 TO AIRPORT LEASE AGREEMENT/FORT-A-PORT/PAGE 2
+I
i
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ATTEST: j
1
JENNIFER WALTERS
ACTING CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PORT-A-PORT, LESSEE y
BY :
t , , t'i`t d
` THE STATE OF TFX I
t
COUNTY OF DFffm S
Subscribed and sworn to before me this j, day of ,
1997 by B. K. Lilly, President of Port-A-Port.
0WCGL SEAL.
ZAU A. VIAtLAr,
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NOTARY ,rn:7:21 CII M ,
6tn ICI. CSltp Gw~y r
~ smml!lion ExPiro! Asrq 11 1191)
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_ My Commission expires:
1
' t, 1hN„. 1 1 4 ' /
AMENDMENT NO. 1 TL AIRPORT LEASE AGREEMENT/PORT-A-PORT/PAGE 3
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1691L
THE STATE OF TEXAS S AIRPORT LEASE AGREEMENT
COUNTY OF DENTON ; LAND LEASE
I This lease is made and executed this _aQ day of
1987, at Denton, Texas, by and between Me City o colon, a
Municipal Corporation, hereinafter referred to as "Lessor", and
Port-A-Port, a corporation organized under the laws of the State
of Texas having its principal offices at Route 1, Box 14-K, South
Ranada Drive, Paso Robles, California 93446 hereinafter referred
to as "Lessee".
WITNESSETH: `
WHEREAS, Lessor now owns, controls and operates the Municipal f
Airport (Airport) in the City of Denton, County of Denton, State
of Texas; and
WHEREAS, Lessee desires to lease certain premises on said
airport and construct and maintain an aircraft hangar and related
aviation facilities thereon; and
NOW, THEREFORE, in consideration of the premises and the
mutual covenants contained in this Agreement, the parties agree
as follows: ;ti•
` I. CONDITIONS OF AGREEMENT
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER
CON- TAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION
SHALL BE BINDING.
M A. Principles of Operations
F'
The right to conduct aeronautical activities for furnishin
services to the 8
public is granted the Lessee subject to Lessee
agreeing;
1. To furnish said services on a fair, equal and not un-
justly discriminatory basis to all users thereof, and
1. To charge fair, reasonable and not unjustly discrimina-
tory prices for each unit or service; provided, that i
the Lessee may be allowed to make reasonable and non-
discriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
~:a
B. Non-Discrimination
The Lessee, for himself, his personal representatives,
successors in interest, and assigns, as a part of the conside-
ration hereof, does hereby covenant and agree as a covenant
running with the land that;
i
1. No person on the grounds of race, religion, color, sex, I
or national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected {
to discrimination in the use of said facilities,
2. In the construction of any improvements on, over, or
under such land and the furnishing of services thereon, I
no person on the grounds of race, religion, color, sex, i
or national origin shall be exclu;rd from participation
in, denied the benefits of, or totlierwise be subjected '
to discrimination; E
3. The Lessee, shall use the premises in compliance with
all other requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Trans-
portation, Subtitle A, Office of the Secretary, Part
+ 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation-Effectual of Title VI
of the Civil Rights Act of 1964, and as said Regulations
E may be amended.
That in the event of breach of any of the above non-
discriminatory covenants, Lessor shall have the right to terminate
the Lease and to reenter and repossess said land and the facil-
ities thereon, and hold the same as if said Lease had never been
made or issued. This provision does not become effective until
the procedures of 49 CFR Part 21 are followed and completed,
{ including expiration of appeal rights.
C. Right of Individuals to Maintain Aircraft
It is clearly understood by the Lessee that no right or
privilege has been granted which would operate to prevent any
M ason, firm or corporation operating aircraft on the airport
a performing any services on its own aircraft with its own
regular employees (including, but not limited to, maintenance and
repair) that it may choose to perform.
D. Non-exclusive Right
It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an
exclusive right within the meaning of Section 1349 of Title 431
V.S.C.A.
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PAGE 2
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E. PubliAreas
i
i 1. Lessor reserves the right to further develop or improve
the landing area of the airport as it sees fit, regard-
less of the desires or views of the Lessee, and without
interference or hindrance.
2. Lessor shall be obligated to maintain and keep in repair
the landing area of the airport and all publicly owned i
facilities of the airport, together with the right to
direct and control all activities of Lessee in this
regard.
3. During time of war or national emergency, Lessor shall
have the right to lease the landing area or any part
thereof to the United States Government for military or
naval use, and, if such lease is executed, the pro-
visions of tb.is instrument, insofar as they are incon-
sistent with the provisions of the lease to the
Government, shall be suspended.
4. Lessor reserves the right to take any action it con-
siders necessary to protect the aerial approaches of
the airport against obstruction, together with the
right to prevent Lessee from erecting, or permitting to
be erected, any building or other structure on or
adjacent to the airport which, in the opinion of the ;
Lessor, would limit the usefulness - or safety of the
airport or constitute a hazard to aircraft or to ,
aircraft navigation.
S. This Lease shall be subordinate to the provisions of
any existing or future agreement between Lessor and the
~F'
' United States or agency thereof, relative to the opera- V
fl=' tion or maintenance of the Airport. l
V 11. LEASED PREMISES
Lessor, for and in consideration of the covenants and agree-
ments herein contained to be kept by Lessee, does hereby demise
and lease unto Lessee, and Lessee does hereby hire and take from
Lessor, the following described land situated in Denton County,,
Texas, as described as follows:
A. Land
A 481.37 foot by 3S0 foot tract of land, which after ex-
cluding three 20 foot by 350 foot easements for hangar taxiways
is comprised of approximately 147,480 square feet, or 3.386
acres, drawn and outlined on Attachment A, having the following
metes and bounds: j
PAGE 3
t
f
i
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the Wm. Neil survey, Abst. No. 970, and also being
part of a tract of land as conveyed from Mrs. Ellen Pearl Corbin,
Et Al to The City of Denton by deed dated January 19, 1944 and
recorded in Volume 305, Page 216 of the Deed Records of Denton i
County, Texas, and more particularly described as follows: !
COMMENCING at the eastern most southeast corner of said tract,
s
Road I said point aid point lying in a north-south public road known as Underwood
also survey, same being ithe in the boeast undary boundary y of line of
J.Hardin
survey, Abst. No. 1656;
THENCE north 880 36' 10" west a distance of 594,91 feet to a
point for corner;
f
THENCE north 10 23' 50" east a distance of 290.00 feet to a
point for corner;
THENCE north 880 36' 10" west a distance of 350.00 feet to the
j POINT OF BEGINNING; said point being the southeast corner of the
" tract being described herein;
THENCE north 880 361 10" west a distance of 350.00 feet to a
point for corner; I
THENCE north 10 23' 50" east a distance. of 481.37 feet to a a,
point for corner;
.r
w^ THENCE south 880 36' 10" east a distance of 350.00 feet to a
point for corner;
THENCE south 10 23' SO" west a distance of 481.37 feet to the ;
j PLACE OF BEGINNING and containing 3.87 acres of'land.
a
Together with the right of ingress and egress to said
property; and the right, in common with others so authorized, of
passage upon the Airport property generally, subject to reason-
able regulations by the City of Denton; and such rights shall
extend to Lessee's employees, passengers, patrons and invitees.
For the purposes of this Agreement, the term "Premises" {
shall mean all property located within the metes and bounds
described above including lease hold Improvements constructed by
the Lessee, but not including certain easements or property owned
and/or controlled by the Lessor.
B. Additional Property f
Lessee is hereby given the first right of refusal for a 1
period of five (S) years to lease a 481.37 foot by 3SO foot tract
PAGE 4
I
a
i
{ of land, which, after excluding three 20 foot by 350 foot ease-
ments for hangar taxiways, is comprised of approximately 147,480
square feet, or 3.386 acres, drawn and outlined on attachment B, i
having the following metes and bounds:
ALL that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas and
being part of the We. Neil survey, Abst. No. 970, and also 6ing
part of a tract of land as conveyed from Mrs. Ellen Pearl Corbin,
Et Al to The City of Denton by deed dated January 19, 1944 and
recorded in Volume 305, Page 216 of the Deed Records of Denton f >
,c
Count Texas, and more particularly described as follows. I
COMMENCING at the eastern most southeast corner of said tract, E
said point lying in s north-south public road known as Underwood
Road, said point also lying in the east boundary line of said We.
Neil Survey, same being the west boundary line of the J. Hardin
survey, Abs N ~
t. No. 1656
I
i
THENCE north 880 361 10" west a distance of
$94,41 feet
to a
I
point for corner,
THENCE north 10 23' SO" east a distance of 190.00 feet to the
POINT OF BEGINNING;
THENCE north 880 361 1011 west a distance of 350.00 feet to a
point for corner;
THENCE north 10 231 SO" east a distance of 481.37 feet to a
point for corner;
THENCE south 880 360 1011 east a distance of 350.00 feet to a
point for corner; 1
I
a{ rHENCE south 10 23' 50" west a distance of 481.37 feet to the
e.
S .Y PLACE OF BEGINNING and containing 3.87 acres of land.
Lessee shall have forty-five (45) days to exercise this
{ first right to lease the above-described land under terms and
conditions to be negotiated herein, upon receiving notice from
the City Manager of the City of Denton, that Lessor has a party
desiring to lease such property.
C. Improvements Provided by Lessor I
1. Paved aircraft taxiways as outlined and drawn on
Exhibits D and E, attached hereto and incorporated by j
reference herein, with the southern most taxiway to be
extended from Taxiway J to the service road. {
* I
2. Paved vehicular roadway providing access to the leased
premises as outlined and drawn on said Exhibits D and E.
PAGE S
. iJ
i
3. A six. (611) inch water line and hydrants of size and
flowage to allow usage for fire protection.
4. Electrical and water utilities to or in close proximity
S to the leased premises with access for Lessee.
S. Six (6) security lights to be erected on the leased
premises.
6. Drainage design and water drainage system capable of
handling normal rainfall. j
1
For the purpose of this agreement, the term "Lessor
improvements" shall mean those things on the leased premises
belonging to, constructed by, or to be constructed by the Lessor,
which enhances or increases, or will enhance or increase, the
value or quality of the leased land or property. Unless other-
wise noted herein, all Lessor improvements are and will remain
the property of Oe Lessor. All improvements made by Lessor must
be described in detail above, or above referenced and attached to j
this agreement in an exhibit approved by the Lessor.
s III. TERM i
The term of this Agreement shall be for a period of twenty-
five (25) years, commencing on the 1st day of February, 1987, and
continuing through the 30th day of January, 2012, unless earlier
terminated under the provisions of the Agreement. Lessee shall
g- have the first right of refusal to renegotiate this lease for two
additional five (S) year periods at the end of the primary term
of twenty-five (2S) years at a renegotiated rental and terms
.
mutually agreed upon by the Lessor and Lessee without regard for
or considering the then cost of living index. If Lessee elects ,
to renegotiate this Lease, it shall give notice in writing
a addressed to the City Manager at least one hundred eighty (180)
days before the expiration of the primary term of twenty-five (2S)
years.
E
IV. DEVELOPMENT SCHEDULE
A. FAA Ramp Proper
` 1. Lessee shall lease that certain portion of the aircraft
parking apron commonly referred to as the FAA ramp, and
I an area equal I
drawn and outlined on Attachment 1C1 to
"seven tie down spaces, under the terms and conditions ~
described and outlined below for a period of twelve
(12) months commencing on February 1, 1987 and con-
tinuing through the 30th day of January, 1988 or until
sixty (60) days after the roadway and taxiways to the
leased premises have been completed and are open for
I
PAGE 6
Lessee's use. Should construction of the taxiways and
roadway not commence within thirty hundred and sixty-
five (36S) days of the signing of this agreement, Lessor
or Lessee shall be entitled to cancel this lease by
giving thirty (30) days written notice to Lessor. At
the end of the twelve (12) months, the ramp property
may continue to be leased on a month to month basis,
subject to FAA approval.
I
2. As consideration for the lease of the ramp property,
Lessee shall pay Lessor the sun of Two Hundred Ten
Dollars ($210.00) per month, payable in advance on or
before thr first day of each month.
3. The lease of the ramp property shall be subject to the
provisions of Article VI. B., C., XII, XIII, XIV, XV,
and XVII of this lease agreement; provided, however,
all buildings and/or improvements excluding taxiways
and hangar floors and aprons, moved to or constructed
upon the premises by Lessee shall remain the property
of Lessee and shall be removed from the premises upon
the termination of the lease of the FAA ramp property.
! B. Primary Property
It is expressly understood and agreed that the development i
of the primary lease premises shall be divided into five incre-
ments, with each increment comprised of 29,496 square feet. For
the purpose of this agreement, those increments which are active
shall be considered Property A and those increments which are
inactive shall be considered Property B. An increment shall be
considered active and included in Property A upon the issuance of
a building permit for construction upon an inactive increment. i
f Not later than sixty (60) days from Lessor's notification to I
Lessee of the completion of the site work and the availability of
1 the primary lease premises for Lessee's use, the first increment
of 29,496 square feet shall be activated and considered property
A. Additional increments shall be activated and considered part
of Property A at intervals not to exceed twelve (12) months,
until such time as all five increments are activated. Should an
increment be activated because of construction, the requirement
of annual activation shall not apply. All increments added to
Property A shall be considered as part of Property A as if said
additions were and had been within Property A from the original k
date of execution of this agreement.
V. PAYMENTS, RENTALS AND FEES
3
Lessee covenants and agrees to pay to Lessor, as conside-
ration for this lease, payments, rentals and fees as follows:
PAGE 7
l
A. Land Rental
For and in consideration of the sum of five hundred
($S00.00) dollars, receipt of which is hereby acknowledged, Lessor
leases to Lessee Property B. Upon the completion of taxiway and
roadway, land rental shall be twenty-five (¢25.00) dollars per
month in advance, each month, for an additional sixty (10) days
or until a building permit for construction is issued, whichever
comes first. After sixty (60) days or upon issuance of a build- i.
ing permit, the first increment shall be considered Property A
and land rental shall be the sum of two thousand sixty-four
dollars and seventy-two cents ($2,064.72) per year, payable in
twelve (12) equal monthly installments in the sum of one hundred
seventy-two dollars and six cents ($172.06) in advance, on or '
before the first day of each and every month. Upon the activa-
tion of the second increment, pursuant to and in accordance with '
Section IV. B, hereof, land rental shall be the sum of four
thousand one hundred twenty-nine dollars and forty-four cents
($4,129.44) per year, payable in twelve (12) equal monthly
installments in the sum of three hundred forty-four dollars and
twelve cents ($344.12) in advance, on or before the first day of
each and every month. Upon the activation of the third
increment, land rental shall be the sum of six thousand one
hundred ninety-four dollars and sixteen cents ($6,194.161 per
1
year, payable in twelve (12) equal monthly installments ire the
sum of five hundred sixteen dollars and eighteen cants ($516.18)
dollars in advance, on or before the first day of each and every
month. Upon the activation of the fourth increment, land rental
shall be the sum of eight thousand two hundred fifty-eight
dollars and eighty-eight cents ($8,2S1,.88), p,sr yaar, payable in
twelve (12) equal monthly installments in the sum of six hundred
eighty-eight dollars and twenty-four cents ($688.24) In advance,
on or before the first day of each and every me nth. Upon the
t'activation of the fifth increment, land rental shall be the sum i
of ten thousand three hundred twenty-three dollars and sixty E
cents ($10,323.60) per year, payable in twelve (12) equal monthly
installments in the sum of eight hundred sixty dollars and thirty
cents ($860.30) in advance, on or before the first day of each
and every month during the term of this agreement.
B. Lessor Improvement Rentals
None, as there are no improvements upon the leased
premises.
i
C. Payment, Penalty. Adjustments
All payments due Lessor from Lessee shall be delivered to
the Airport Manager, unless otherwise designated in writing by
the Lessor. Payments which are more than fifteen (1S) days past
PAGE 8
g
I
duo shall be assessed a penalty of one-half (1/2) of one percent
per day, compounded daily, for each day or fraction thereof which
the payment or fee is more than fifteen (1S) days past due. The
yearly rental for laid and improvements herein leased shall be
readjusted at the end of each five (S) year period during the term
of this lease on the basis of the proportion that the then current
All Urban Consumer Price Index (CPI-U) for the Dallas/Fort Worth,
Texas, Standard Metropolitan Statistical Area, as compiled by the
U.S. Department of Labor, Bureau of Labor Statistics bears to the
f December, 1986 index which was (1967
1 rental amount is now based upon seven 60 100), The land
foot per year for the land herein leased, .07) cents per square f
f
These four (4) rental adjustments, if ar.y shall occur on
the following dates:
February 1, 1992 February 16 2002
February 1, 1997 February 1, 2007
I VI. RIGHTS AND OBLIGATIONS --LESSEE
A. Use of Leased Premises
Lessee is granted the non-exclusive privilege to engage in
or prnvide the following:
1. The construction, erection, distribution, sale and
Ik lease of aircraft hangers.
2. Parking, storage and tie-down facilities for aircraft
upon or within the leased premises.
3. Office or storage space on or within the leased
f
premises for aviation activities or businesses.
Lessee, its tenants and sublessees shall not be authorized
to conduct any services not sricifically listei3 in Vats agreement.
The use of the lease premises -E Lessee, its tenants or sublessees
shall be limited to only those
in-
dustrial activities 'laving to dorwith or relatedltorairports and
aviation. No person, business or corporation may operate a come
mercial, retail or industrial business upon the premises of Lessee
or upon the Airport without a lease or license from Lessor auth-
orizing such commercial, retail or industrial activity.
0. Standards
Lessee shall meet or exceed the following standards:
1. Address. Lessee shall file with the Airport Manager
as eep current its mailing address, telephone
f
r, PAGE 9
4 I.
I
`a
I .
number(s) and contacts where it can be reached in an
emergency.
2. List. Lessee shall file with the Airport Manager and
eep current a list of its tenants and sublessees.
Such list shall also include all aircraft located on
the leased premises, including aircraft make, model,
identification number, and the owner's name, address
and telephone number.
}
3. Conduct. Lessees shall contractually' require its
employees and sublessees (and sublessee's invitees) to 1
abide by the terms of this agreement. Lessee shall
promptly enforce its contractual rights in the event of
a default of such covenants.
4. Utilities Taxes
expenses an connection with the use of the Fees. Lessee shall pay
mentsd n
Premises and the
including the timely 8h pesYment ofiutilities,etaxesgrpermit j
I
fees, license fees and assessments lawfully levied or
assessed:
5. Laws. Lessee shall comply with all current and future
e eral, state and local laws, rules and regulations
" which may apply to the conduct of b,;siness contemplated,
including rules, regulations and ordinances promulgated
by proLessor, minent a place all necessary and/or frequired licenses
or permits.
6. Maintenance of Pro ert Lessee shall be responsible
or t e ma ntenance, repair and upkeep of all property,
buildings, structures and improvements, including the
mowing or elimination of grass and other vegetation on
the Premises, and shall keep said Premises neat, clean
and in respectable condition, free from any objection-
able matter or thing.
7. Unau+horized use of premises. Lessee may not use any
o t e ease an or prem~sivaterctthe ub operation
apart-
private
motel, hotel, restaurant,
tent house, or for industrial, commercial or retail
tent
purposes, except as authorized herein.
8. Dwellings. It is expressly understood and agreed that
no permanent dwelling or domicile may be built, moved
to or established on or within the leased premises nor I
may the Lessee, its tenants, invitees, or guests be
permitted to reside or remain as a resident on or
within the leased premises or other airport premises.
PAGE 10
S Vim.,✓i
y..
9. _quit Possession. Lessee shall quit possession of all
premises leased herein at the end of the primary term
of this lease or any renewal or extension thereof, and
deliver up the premises to Lessor in as good condition
as existed when possession was taken by Lessee, reason-
able wear and tear excepted.
10. Hold Harmless. Lessee shall indemnify and hold harm-
{ ass the essor from and against all loss and damages,
including death, personal injury, loss of property or
ofhLessee'sebusiness arising and upon the leased premises.
11. Waiver of Liabilit and Indemnification. Lessee further i
covenants an agrees t at t w not old Lessor or any ;
of Lessor's agents, officers or employees responsible
for any loss occasioned by fire, theft, rain, windstorm
hail, or from any other cause whatsoever, whether saiu i
cause be the direct, indirect or merely a contributing j
factor in producing the loss t oransurplus y airplane, tmayto-I
mobile, personal property, parts located or stored in the hangars, .T-hangars, offices,
aprons, field, or any other location at airport; and * and to s be e stagree that ored, whether eonlthesfield orein the contents
hangars,
at Lessee's risk. Lessee agrees to indemnify, defend i
and save airport, its agents, officers, representatives,
and employees, harmless from and against any and all ,
liability or loss resulting from claims or court action
arising directly or indirectly out of the activities of
Lessee, its agents, servants, guests or business
visitors under this agreement or by any act or omission
of such person.
C. Signs
Lessee shall have the
During the term of this Agreement,
right, at its own expense, to place in or on the lease premises
signs identifying Lessee. Said signs shall be of size,by h ape
and design, and at a location or locations, approved
` Lessor and in conformance with any overall directional lessor's
or sign program established by Lessor on the Airapiod rt. signs l ssor's
approval shall not be withheld unreasonably. S
be maintained in good repair throughout the term of this agree-
sessee agreement
ment. Notwithstanding any other provision of this
shall
s p Party of Lessee.
in the
said signs shall rem
remove, at its expense, all lettering, signs and placards so
erected on the premises at the expiration of the term of this
Agreement or extensions thereof.
c
PAGS 11
VII. COVENANTS BY LESSOR
Lessor hereby agrees as follows:
A. Peaceful Enjoyment. That on payment of rent, fees, and
performance o the covenants and agreements on the part of Lessee
to be performed hereunder, Lessee shall peaceably hold and enjoy
the leased premises and all rights and privileges herein granted;
B. Co-mD-liance. Lessor warrants and represents that in the
establishment, construction and operation of said Denton Municipal
Airport, that Lessor has heretofore and at this time is complying
with all existing rules, regulations, and criteria distributed by
the Federal Aviation Administration, or any other governmental
authority relating to and including, but not limited to, noise
abatement, air rights and easements over adjoining and contiguous
areas, over-flight in landing or takeoff, to the end that Lessee
will not be legally liable for any action of trespass or similar
cause of action by virtue of any aerial operations over adjoining
property in the course of normal takeoff and landing procedures
from said Denton Municipal Airport Lessor further warrants and
represents that at all times during the term hereof, or any
renewal or extension of same, that it will continue to comply
j with the foregoing.
{ Vill. SPECIAL CONDITIONS
i
It is expressly understood and agreed by and between Lessor
3 and Lessee that this lease agreement is subject to the following
special terms and conditions:
Runways and Taxiways. Because of the present sixty
thousan tou,UUUJ pound continuous use weight bearing capacity of
the runway and taxiways of the Airport, Lessee herein agrees to
limit all aeronautical activity including landing, takeoff and
taxiing, to aircraft having an actual weight, including the
weight of its fuel, of sixty thousand (60,000) pounds or less,
until such time that the runway and designated taxiways on the
Airport have been improved to handle aircraft of such excessive
weights. It is further agreed that, based on qualified engineer-
ing studies, the weight restrictions and provisions of this clause
may be adjusted, up or down, and that the Lessee agrees to abide
by any such changes or revisions as such studies may dictate.
"Aeronautical Activity" referred to in this clause shall include
that activity of the Lessee or its agents or subcontractors, and
its customers and invitees, but shall not include those activities
over which it has no soliciting part or control, such as an unso-
licited or unscheduled or emergency landing. Negligent disregard
of the provisions of this section shall be sufficient to cause the
immediate termination of this entire Agreement and subject the
Lessee to be liable for any damages to the Airport that might I
result. I
Y ~
1
PAGE 12
i
1
' are n_...._ , a ~ „ - _ t,
IX. LEASEHOLD IMPROVEMENTS
A. Required ImRrov_e_m~e_n_t__s. As art of the consideration for
the privilege here ni granted, Lessee is required to and hereby
aggrees to construct or otherwise make improvements to the pre-
mises, as specified herein, but not limited to, the following:
1. Five (S) T-hangars, pads and related aircraft driveways.
2. Three (3) 43 x 36 Box type hangars, pads and related I
aircraft driveways.
Lessee shall provide Lessor with tentative plans for the
development of the entire premises herein leased together with a
tentative timetable or schedule for said development. Should said
development not occur within the specific time limits mutually
agreed upon by and between Lessor and Lessee, Lessor shall have
the option to cancel the lease on all non-developed portions of
said lease after a thirty (30) day written notice to Lessee to
cure such a default.
B. Plans. Lessee agrees that it shall, within one hundred
eighty TT M calendar days from the date the roadways and taxi-
ways have been constructed and are open for Lessee's use, submit
to the Lessor, for approval, detailed plans and specifications
for the above listed initial proposed leasehold improvements.
Lessor agrees that it shall either approve the plans and specs-
fications as submitted, or transmit proposed revisions to Lessee,
within forty-five (0) calendar days of receipt of the plans and
specifications from Lessee. In the event that Lessor requires
s revisions of the original plans and specifications, Lessee shall
have forty-five (45) calendar days from the date of receipt of
the proposed revisions to resubmit the plans and specifications
for Lessor's approval. Such approval shall not be withheld
unreasonably. Construction shall commence within one hundred
eighty (180) calendar days of Lessee's receipt of Lessor's final
approval of the plans and specifications, and shall be scheduled
for completion not later than one hundred eighty (180) days after
commencement of construction.
C. Additional Requirements. Before commencing the construc-
_ tion of any mprovements upon the premises, Lessee shall submit:
l 1. Documentation, specifications, or design work, to be
approved by the Lessor, which shall establish that the
improvements to be built or constructed upon the lease i
premises are in conformance with the overall sire, li
shape, color, quality and design in appearance and
structure, of the program established by the Lessor on
the Airport.
PAGE 13
j~:
2. All information required of the City of Denton Sub-
division and Land Development Regulations (outline of
requirements are on file in the Airport Manager's
office).
3. The estimated cost of such construction.
No construction may commence until Lessor, acting by its
City Council, has approved the plans and specifications and the
location of the improvements, the estimated costs of such con-
struction, and the agreed estimated life of the building or
structure. Approval by the City Council shall not be unreason-
ably withheld; should the Council fail to deny Lessee's plans and
specifications within sixty (60) days of submission thereof to
specifications shall be deemed
lens and
the Councili such p
ap publiproved.c Documentary evidence of the actual cost of construction
areas and/or facilities shall be delivered by Lessee to
of
Lessor's City Manager from time to time as such costs are paid by
Lessee, and Lessor's City Manager is hereby authorized to endorse
upon a copy of this lease filed with the City Secretary of Lessor
such actual amounts as 'he shall have found to have been paid by
r him upon said contract shall be conclusive upon all parties for
all purposes of this agreement.
D. Additional Construction or I_m_ro_vem~ents. Lessee is hereby
authorise to construct upon t e ate- herein leased, at its own
cost and expense, buildings, hangars, and structures, that Lessor
and Lessee mutually agree are necessary for use in connection with
the operations authorized by this lease, provided however, before
commencing the construction of any improvements upon the premises,
Lessee shall submit plane and specifications as specified in
Article VIII0 Paragraph A (Additional Requirements).
E. Relocation of Hangars. Lessor may, during the term of this
agreement ana any extensions thereof, require Lessee to relocate
some or all of its hangars to another location on the airport.
Lessee shall comply with Lessor's requirement if the following
conditions are met:
1. That the requirement to relocate be by resolution by
the majority of.the Council members of the City Council
of the City of Denton,
2. That the Lessee be given fourteen (14) days notice of t
the City Council's intent to act on such a resolution
and Lessee be given an opportunity to speak before the
Council at the Council meeting at which this item
appears on the agenda.
PAGE 14
r
3. That equal or better facilities including those Items
described in Section 2C of this agreement together with
equal or better roadway access to the new facility, be
constructed and completed at Lessor's expense prior to
relocation,
4. That Lessee shall be given six (6) months to complete
the relocation of its property.
S. That Lessor shall compensate Lessee for Lessee's actual
costs in relocating its property by deducting such costs
from Lessee's monthly rental each month or fraction
thereof until Lessee is compensated in full.
6
. That Lessee shall not be required
to relocate more than
one time location
(including tion and
event.)
F. Ownership of Improvements
1 It is understood and agreed that all Port-A-Port buildings
and certain improvements constructed upon or brought to the pre-
mises by Lessee shall remain the property of Lessee or its Sub-
lessees and that they may be moved on or from the leased premises
by the Lessee or its Sublessees; except that all buildings and
improvements of whatever nature remaining upon the leased premises
at the end of the primary term, or any extension thereof of this
lease shall automatically become the property of Lessor atsolutely
in fee without any cost to Lessor. No building or improvement I
shall be removed from the leased premises should Lessee or its
Sublessees be in default of this lease agreement. It Is agreed
that the life of the buildings to be constructed by Lessee on the
t property herein leased is thirty-five (3S) years.
G. Building Valuation
Should this lease be cancelled for any reason before the
end of the twenty-five (25) year primary term, or extensions
thereof, it is expressly understood and agreed that Lessor
reserves the right to purchase all buildings, structures and
improvements then existing upon the premises by tendering to
Lessee one thirty-fifth (1/35) of the undepreciated value of such
building for each year remaining on the agreed life of such build-
Ing. The undepreciated value of all improvements is to be deter-
:r mined by having such improvoments appraised by three appraisers, E
ti one appointed by Lessor, one appointed by Lessee and one appointed
A by the two appraisers.
Y S `1
X. SUBROGATION OF MORTGAGEE
Any person, corporation or institution that lends money to
Losses for construction of any hangar, structure, building or
r'P
PAGE 1S
J
i
improvement and retains a security interest in said hanger,
structure, building or improvement shall, upon default f upon
obligations to said mortgagee, have the right to enter p
leased premises and operate or manage said hangar, structure,
building or improvement according to the terms of this Agreement,
for a period not to exceed the term of the mortgage with Lessee,
or until the loan is paid in full, whichever comes
It firs obut sin
no event longer than the term of this Lease.
understood and agreed that the right of the mortgagee referred to
herein is limited and restricted to those improvements constructed
with funds borrowed from mortgagee.
XI. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no
cost to Lessee, upon the leased ground space for the purpose of
providingg utility services to, from or across the airpport property
or for the construction of public facilities on the Airport. How-
ever, any such easements shall not interfere with Lessee's use of
the leased premises and Lessor shall restore the property to its
original condition upon the installation of any utility services
on, in, over or under any such easement or the conclusion of such
E
construction.
XII. ASSIGNMENT OR SUBLEASE OF LEASE
A. Asst nment. Lessee expressly covenants that it will
not assign t s ease, convey more than forty-nine percent (491)
of the interest in its business, deemed herein to mean the con- ;
trolling interest in its business, through the sale of stock or
otherwise, nor sublet, assign, transfer, nor license the whole or 11
any part of the said premises for any purpose, except for rental
of hangar space or tie-down space, without the written consent of
the Lessor. The provisions of this lease shall remain binding
upon the assignees, if any, of Lessee.
B. Sublease. Lessee shall provide Lessor with a form of
the lease agreement to be utilized in subletting, and if the form
should change, Lessee shall submit any amendments thereto. Pro-
vided, however, that each such sublease shall automatically termi-
remove lease, and the lease or
nate hangar the event timmediately termination
license is entered into with the City for such site. Lessor
agrees that it will not unreasonably withhold its approval of the
sale or sublease of the facilities for airport related purposes.
XIII. ACCESS BY CITY 1
Lessee shall permit Lessor's authorized agents free access to
y. the leased premises at all reasonable times for the purpose of
PAGE lb
fi
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I
inspection, mating necessary improvements or repairs, or enforcing
the terms of this lease.
XIV. INSURANCE
A. Required Insurance. Lessee shall maintain continuously in
effect at-all times duTg the term of this agreement, at Lessee's
expense, the following insurance coverages.
F 1. Comprehensive General Liability covering the leased
premises, the Lessee or its company, its personnel and
its operations on the airport.
i
2. Aircraft Liability to cover all flight operations of
Lessee.
r
3. Fire and extended coverage for replacement value for
all facilities used by the Lessee either as a part of
this agreement or erected by the Lessee subsequent to
this agreement.
4. Liability insurance limits shall be in the following
minimum 'amounts:
a y Injury 61,000,000 per occurrence
Bodil r
+ Property Damage: 61,000,000 per occurrence.
5. All policies shall name the City of Denton as an addi-
,rt1~ tionai named insured and provide for a minimum of
thirty (30) days written notice to the City prior to
? the effective date of any cancellation or lapse of such Ik
q` policies.
?r b. All policies must be approved by the Lessor. ;
I ' J
7. The Lessor shall be provided with a copy of all such
j policies.
B. Lessor reserves the right to increase the types or amounts
of insurance coverage, and to require any additional amounts of
insurance coverage, and to require any additional riders or pro-
visions in said policies or certificates as may be considered
necessary by the Lessor's Risk Manager. Lessor may not make such
f' changes more than once a year. Lessee shall comply with such
notice within thirty (30) days. 1
XV, CANCELLATION BY LESSOR
" r In the event that Lessee shall file a voluntary petition `
in bankruptcy or proceedings in bankruptcy shall be instituted
z^ c
PAGE 17 j
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ICI
against it and Lessee thereafter is adjudicated bankrupt pursuant
to such proceedings, or any court shall take jurisdiction of
Lessee and its assets pursuant to proceedings brought under the
provisions of any Federal reorganization act, or Lessee shall be i
divested of its estate herein by other operation of law; or
Lessee shall fail to perform, keep and observe any of the terms,
covenants, or conditions herein contained, or on its part to be j
performed, the Lessor may give Lessee written notice to correct
such condition or cure such default and, if any condition or
default shall continue for thirty (30) days after the receipt of
such notice by Lessee, then Lessor may, terminate this lease by a '
a written notice to Lessee. In the event of default, Lessor has the
right to purchase any or all structures on the leased premises
under the provisions of Section VIII Paragraph C (Cancellation)
hereof.
XVI. CANCELLATION BY LESSEE
Lessee may cancel this Agreement, in whole or part, and
terminate all or any of its obligations hereunder at any time, by
thirty (30) days written notice, upon or after the happening of
any one of the following events:
1. Issuance by any court of competent jurisdiction of a
! permanent injunction in any way preventing or restrain-
ing the use of said airport or any part' thereof for
airport purposes;
,m 2. The breach by Lessor of any of the covenants or agree-
ments contained herein and the failure of Lessor to
} remedy such breach for a period of ninety (90) days i
after receipt of a written notice of the existence of
such breach;
3. The inability of Lessee to use said premises and
facilities continuing for a longer period than ninety
(90) days due to any law or any order, rule or regu-
lation of any appropriate governmental authority having
jurisdiction over the operations of Lessor or due to
war, earthquake or other casualty; or
4. The assumption or recapture by the United States Govern-
ment or any authorized agency thereof the maintenance
and operation of said airport and facilities or any sub-
stantial part or parts thereof.
Upon the happening of any of the four events listed in the
preceding paragraph, such that the leased premises cannot be used
for aviation purposes, then Lessee may cancel this lease as afore-
said, or may elect to continue this lease under its terms, except
k .i
' PAGE lg
k1;
a
f
however, that the use of the leased premises shall not be limited
to aviation purposes, such use being only limited by such laws
and ordinances as may be applicable at that time.
XVII. MISCELLANEOUS PROVISIONS
1 A. Entire Aareemmeent. This Agreement constitutes the entire
understonwing bet--en ween the parties and as of its effective date
supersedes all prior or independent Agreements between the
parties covering the subject matter hereof. Any change or
modification hereof shall be in writing signed by both parties.
B. Binding Effect. All the covenants, stipulations and
agreements -----in shall extend to, bind and inure to the benefit
of the legal representatives, successors and assigns of the
respective parties hereto.
C. Sever. If a provision hereof shall be finally
declared void or !legal by any court or administrative agency
having jurisdiction, the entire Agreement shall not be void; but
the remaining provisions shall continue in effect as nearly as
possible in accordance with the original intent of the parties.
D. Notice. Any notice given by one party to the other in
connect own with this Agreement shall be !n writing and shall be
sent by registered mail, return receipt requested, with postage
and registration fees prepaid:
1. If to Lessor, addressed to;
` City !tanager I
r City of Denton
T Denton, Texas 76201
'
2. If to Lessee, addressed to:
Port-A-Port, Incorporated
A Route 1, Box 14K
Paso Robles, California 93446
rz - Notices shall be deemed to have been received on the date
of receipt as shown on the return receipt.
E. Headings. The headings used in this Agreement are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Agreement.
P. Governing LLaw. This Agreement is to be construed in accor-
dance with-the laws of the state of Texas.
PAGE 19
(ry
1
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G. Waiver of Default. Acceptance by either party following a
default wITI-not be eemed a waiver of such default. No waiver by
either party of a default will constitute a waiver of Any other
default.
J. Abandonment. If the Lessee shall abandon the leased pre-
mises at any t during the term of this lease or be disposed
' therefrom by process of law or otherwise, any personal property
belonging to Lessee and left on the premises thirty (30) days
after such abandonment or dispossession shall be deemed to have
been transferred to the Lessor, and the Lessor shall have the
right to remove and to dispose of the same without liability to
i
!I account therefor to Lessee or to any person claiming under Lessea. ;
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
BY.
r, ATTEST:
r
. X10
ACT Cl SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DhAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1
BY.,
ATTEST: PORT-A•PORT, LESSEE I
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CITY of DENTON, TEXAS MuNiciow Euum / ciwoiy, TEXAS 71201 / T EL EAHONE (d 17)111-A10T
Office 01 the City Maneper
December 16, 1986
r
Mr. Xen Keatts
Port - A - Port
Route 1, Box 14 X
Paso Robles, California 93446
i Dear Mr. Keatts:
Fnclosed is a final copy of tho lease agreement that we
received. My apologies for not sending one to you sooner, As
we discussed In our phone conversation, 1 have also inetuded a
a, dim Iran which would stage the construction of the taxiways, we
would proposed to build either the furthest north or the
furthest south taxiway all the way from taxiway J to the
service road, And we would also propose to build the ,axiwsy
at the other extreme across the entire width of the first
parcel or some 3S01. We would connect these two by a temporary
road that would be constructed in a north-south direction
across the western porrior of the optional property, This would
allow for vehicular traffic to enter the hanger areas from tb
service road and would not be rffec►ed b•y any decisions that
the FAA grade about vehicular traffic on taxiway J.
Since you mentioned fte possibility of staging some
construction, we would propose to build the middle taxiway as
you lease #Phe hangers on it and/or as you teased the fourth k
portion of your original lease. The final two sections of the
taxiway in your optional property would be hailr before the
optionet property was leased.
If this scheduling would work for you, we would propose to
incorporate this language in the lease, If a different
scenario or scheduling could be more appropriate for you, we
would be happy to try and discuss those and reach an agreement
as soon as possible, To that end, we are conrinuinp to work to
try and have the lease ready for the 6th of January for Council
review. We will keep you notified as to its progress.
t ,1 We look !nforward to continuing to work with you and thank you for g he time ►o review this alternative. !
',Y I F
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Rick Sv h a
Assistant City Manager
Enclosures
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copy
' HINUTES
AIRPORT ADVISORY BOARD
JANUARY 13, 1987
REGULAR MEETING OF THE CITY OF DENTON AIRPORT ADVISORY BOARDt TUEEOAY,
JANUARY I30 19870 AT StOO P.M., IN THE CIVIL DEFENSE ROOM OF THE MUNICI-
PAL BUILDING.
MEMBERS PRESENTt Carrell, Heywerdr Keith, Smith, Wright, Williams
MEMBERS ABSENTt Arno
OTHEPS PRESENTi Bruce Srownr Clint Lynch, representing Pott-A-Port i
and Fox 51r Lloyd Harrell, City Hanagerr Ric1, lilt
Svehla, Assistant City Managers Bill Angelo, Direc
for of Community Servicesr Debra Drayovitch, City J)
Attorneyr Bruce Cardwell of the City Staff
Y
1. The Board considered the Minutes of the regular meeting of Decem-
ber 9, 1966. A wotion was made and seconded to approve the Minutes
as '~ritten. The motion passed unanimously.
;r Q. Tta Board considered the adoption of amendments to the insurance
requirements included in existing and future commercial lease
agreements. The Board reviewed a memorandum from Harlan L,
Jefferson, the City Risk Manager. Debra Dreyovitch suggested that
a 610000,000 combined single limit (C6L) policy a]or,g with an
annual review of the policy with changes in the coverage made with
i et,angss In the insurance market taken into consideration would
allow for the insurance needs of the airport to be met presently
I and in the future. A motion was made and seconded to recommend a
I $1,000,000 combined single limit policy with an annual review be
adopted as an amendment to existing and future lease agreements. 1
The motion passed unanimously.
3. The Board considered the priority ranking of various projects for
preal?lication for Federal assistance. The Board expressed concern
about the flexibility of the ranking as the airport priorities
changed with time. Bill Angelo assured the Board that preapplica-
tion priority changes could be accomplished with a letter to the
F.A.A. A motion was made and seconded to table the discussion
until the next meeting to allow for further study. The motion
passed unanimously.
4. The board considered the Airport Manager Report. Rick Svehla
reported to the Board that the City Council had approved in the I
meeting of December 16 the sale of the Certificates of obligation
` to finance the development of the southeast corner of the airport. a
11 4 Alsor Mr. Svehla reported that the City Engineer, Jerry Clark, and
Proy
the engineer for the F.A.A. Grant ect, W. P. Hills, met on
AIRPORT ADVISOPY BOARD MINUTES
January 111 1987
Page 2
January 9 to discusc final design. The two projects will go out
for bid in a joint contract with the goal to start construction by
mid April. Mr. Svehla reported on the status of the selection
process for Airport Manager position. The final interviews with
the top tour candidates for the position will be held on January 19
and 20. Mr, Svehla reported on the Port-A-Port lease, Legal had
recommended some wording changes to tie down requirements in the
lease for lighting, piping, and development pha)ing with as new
taxiway design. Also, Legal had recommended a clause allowing City
access to the hangars for inspection, Mr, Svehi-t hoped to have the
lease ready for Council action by their January 20 meeting.
Mr. Bruce Brown expressed concern that the lease term ai.d rates be
standard for all leases on the airport, The Board assure:., i
Mr, Brown that a standard lease was a concern of the board also.
Frank Hayward inquired about the status of a lease amendment to the
Fox 51 lease agreement recommended by the Board during the October j
meeting. Hr, Svehla explained that it was oLr understanding that
Fox 51 no longer desired the change since the arrangements they had
with the entity which was to sublease the hangar to be built on the
property had fallen through. Mr. Lynch stated that he felt that
the City should go ahead with the amendments to allow for quick
development in the future. Don Smith inquired as to the necessity
of tine Pmendment and whether or rot !ox 51 still desired the
t change. After some discussion, the Board decided to put a hold on
this matter until a real need arose for the amendment, hr. Svehla
reported the possibility of a paint shop being moved to the Denton
Airport by Mr, Teegarden and the problems associated with paint
shops meeting the building and E.P.A. codes. Mr. Svehla reported
that the Handar System installation was delayed until the F,A•A.
could decide how they wanted it installed, Mr. Hayward asked about
the hook up of the terminal building to the new sewer line in-
stalled recently. Mr. Svebla said the utility department would be
making the connection,
S. The Board considered any new businev. The Board reviewed the
legal opinion of Joe Morris, Assistant City Attorney, concerning
the taxation of aircraft in the City of Denton. The Board will
interested in who was responsible for setting the value on aircraft
and how much other cities collected. Bill Angelo stated that he
thought the apprairal districts used an aircraft blue book for
determining the value of aircraft which probably involved some type f
of straight line depreciation. The Board expressed concern that
the tax be applied equally between cities and within the city.
Mr. Svehla said he would investigate this further.
j With no further business, the Board adjourned at 600 P.M.
7 r, i
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1eiu1228708
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18I2L
RESOLUTION NO.
A RESOLUTION EXPRESSING SUPPORT OF LIEUTENANT BILL HOBBY'S "BUILD
TEXAS PROGRAM"; AND DECLARING AN EFFECTIVE DATE.
from Senator Lieutenant Hugh Parwer,erSenaoir Bill Hobby has, with assistance
Montford, Initiated an effort to create an eleven billion dollar
public works program to "Build Texas"; and
WHEREAS, this program, if enacted by the State Legislature
and approved by the voters in November, would amend the Texas
Co:tstitution by allowing tho sale of bonds to pay for public
ar facilities, I.e. prisons, youth correction facilities, water
16 projects and allowing the issuance of bonds for public facility
loans and grants to local governments; and
WHEREAS, the City Council of the City of Denton hereby wishes
to endorse and support the ro posed
amendments; NOW, THEREFORE, p public works program and ?
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS; A
SECTION I. That they City Council hereby expresses Its support
} e u ld Texas program and legislative p
for t ackage and
expresses its appreciation to Lieutenant Governor Hobby for his 1
leadership.
.r.ECTION II. That the City Secretary is hereby directed to
" forward a`c p of this resolution to Lieutenant Governot Bill
H0by.
PASSED AND APPROVED this the day of
1987.
A
4 r,
c RXY -ST
,
rl CITY OF DENTON, TEXAS
ka
' ATTEST:
JENN FER A TERS, Ci Y ECRETARY
T
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY.,
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Build Texas Program
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Lieutenant Governor's office
April 13, 1987
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Table of Contents
I. Build Texas Progrext eumwary 1
I I
'h
k I
II. !feed for Projects
r,
i Prisons 3
.j r
Water, Water Quality, and Flood Control 5
' I
Public Libraries 6
r~ra Airports 7
. mr ,'r ~I a4r
s
Jails 6
t IIi, Program Details
Financial Details 9
t`S°r Why Use General Obligation Bonds instead
of Revenue Bonds? li
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n Build Texas Programs Summary
1 The Build Texas Program is designed to facilitate and encourage
I
the construction of state and local public facilities, The
j program has three componentst
i
i
State Facilities
$300 million in general obligation bonds would be authorized for
Texas Department of Correctione, Texas Youth Council, and Texas
Department of Mental Health and Mental Retardation construction I
programs.
• 811 Re 56 by McFarland authorizes $3f0 million in general
i
oblgation bonds for construction of corrections, youth
corrections, or mental health and mental retardation
facilities.
S.S. 1407 by McFarland allows the Texas Putlic Building Authority
to issue up to $30C million in general obligation bonds. Bonds {
' must be reviewed by the Bond Review Board. The Texas Department
of Corrections is required to submit a master plan for
construction of correction facilities.
Waters Water duality and Flood Control
$400 million In general obligation bonds would be authorized for
water supply, water quality and flood control.
S, J.R. 54 by Montford authorizes the Water Development Board to
issue $400 million in general obligation bonds ror water
projects. Of that amount, $200 million is designated for
water supply, $150 million is designated for water quality
and $50 million is designated for flood control.
5,8. 1406 by Montford makes the necessary changes to the Water
Code,
h'
C
Local Facilities
{
$400 million in general obligation bonds would be authorized for
a state loan program for local public facilities.
S.J.R. 55 by Parer would authorize $400 million in general
obligation bonds for making loans to local governments to finance
construction of public facilities and making grants to local
governments for planning and design of projects.
5 al
Page 1
k ..,+I~yf3sYnt~EYarw
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n B.B. 4 by A., Switb, et al, would be amended to allow the proposed
Department of Commerce to sell bonds and loan the proceeds to
local governments.
No new loans would be made after the loan program had been effect for four years. n In
,
Buying certificates of obligation from
would be authorized to make local participationleasier1.isLoans
would be structured to provide for zero interest the first year
and one-half the market interest tho second year.
Public facilities would include jails, parks, airports,
libraries, ports, convention centers, and other public projects.
$10 million In the V JO-89 biennium would be set aside for a 50
y{ percent matching grant program fop planning and design of
projects. Popayment of the grant would be required if
construction had not commenced within two years.
tf Department of Commerce a roval procedures
" applications, if necessary, based onthejobsucreatedrduringlthe
'r as! construction phase and permanent new jobs.
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Prisons
Background
Texas is part of the national movement toward more and longer I
incarceration. In the United States during 1986, two new prisons
opened every week aid a total of 59,000 beds were added.
There are excellent arguments for more diversion programs, like
probation with intensive supervision and electronic monitoring.
There are excellent arguments for better approaches to t).e
dropout, drug and alcohol abuse and child abuse problems which
demonstrably reduce crime. There is no evidence that such
programs can make a substantial difference in the number of F
prison admissions in the near term.
Presently, Texas is in a crisis of immense proportions which F
requires-alternately shutting the front door and opening the back
dcor prematurely in order to keep the prisons in some semblance
of compliance with the Ruiz court order. Senate Bill 215 was an
emergency measure intended to create some immediate relief.
Since it was enacted in February, Governor Clements ...s had to
release inmates three times. 4
F Need for New Facilities I!
The most recent analysis by .*.e Criminal Justice Policy Council
h, shows there will be a shortfall of more than 20, 00 beds in Texas
r prisons by 1991. if 4,500 more beds are constructed, as proposed
in the Senate appropriations bill, there would be a shortfall of
15,404. If you consider the impact of the Texas Department Cf
Corrections sunset bill zeducing good time passed by the Senate,
the shortfall increases to 170352 by 1991.
The Criminal Justice Policy Council estimates that admissions
will increase by about 81000 by 1991. Simply to keep up with
that, Texas will need additional capacity in that range.
One of the requirements in the enaoling legislation is that the
Department of Corrections develop a master plan for correctional
facilities before construction begins. This plan would be
reviewed to ensure that it co W dered the need for smaller,
regional prisons, the wisdom of privatization where it is
f r'e cost-effective and the best use of existing facilities, 4
f
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a~ .
Page 3
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f
j Needed TDC, IYC i MHMR Construction and Repairs
3 Department of Corrections
Future reeds required by TDC and/or court 5150000,000
Reroof buildings (any unit) 3,0000000
U,>date water system at Jester I 260000
Rework sewer system in bldg. at Jester I2 170000
Add restrooms to inmate dorm - Jester I i II 760000
Update electrical power systems at 6 units 194,000
Heating and ventilation improvements 2560000
Remodel food service facilities 3,564,000
Law libraries 1400000
Inmate craft shops 345,000
Inmate gym 6000000
Educational and vocational facilities 20213,400
Laundr; storage building 160.100
Sewer improvements 509090000
'r Purchase Michaels Unit 67,135,000
Trusty facilities 1706940000 f a',
Mail room 20,000
Install new fire hydrants 520000
1
Ruiz additions to existing units 51000,000 r.
` Renovate existing law libraries 100,000
4 Ritvhen additions i alterations 302960851
Cellbloc% addition - 200 beds - Gatesville 2,400,OOO
Near regional medical facility 7,000,600
wastewater treatment 10021,000
Renovate poor locking systems 3,200,000
Pave road i parking lot - Ellis II 500,000
Additional capacity 1000000,000
Repairs i renovations (if TDC contracts w/ MHMR) 1000000000
r
TOTAL S!48,775,6$1
,a rl
Texas Youth Commission `
Evins Regional Juvenile Center $30879,Oa8
Roofing repairs 1,633,916
' TOTAL $5,513,004
Department of Mental Health and Mental Retardation
I' Construction, repair i renovation 5120014,400
a"., Renovations to meet JCAH, ICFMR standards 33,0001000
TOTAL 545,014,400
a
r F ` GRAND TOTAL TDC, TYC i MHMR $299,3030055
i^~ ■azaerrnain
Sources S.B. 123
Page 4
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Water, Water Quality, and Flood Control
Background
The Texas Water development Fund was established by
constitutional amendment in 1957. The first amendment authorized
$200 million in general obligation bonds. This authorization has
been increased and the purpose expanded in various elections over
the pact 10 years. In 1985, Proposition 1 added $190 million for
1 water supply purposes, $190 million for water quality purposes,
1 $200 for flood control purposes, and $400 million for state
I participation in water projects. Under the program, state bonds
are sold and the proceeds loaned to political subdivisions.
For various reasons relating primarily to federal tax reform, the
first bond sale under Proposition 1 did not take place until
March 1987. At that time, a $150 million issue was sold,
comprised of $110 million for water supply and $40 million for
flood control. Thus, the first issue utilized sixty percent of
the available funds for water supply and twenty percent of the
available authorization for fled control. '
Need for Additional Authorization
Y r
These funds, plus small amounts left from n:evious
' authorizations, have been used in the past :weive ronths for a
variety of projects. The largest leans have been for several ;
a regional water supply systems, including the Palo Auro River
Authority, the Braaosport Water Authority, and individual loans
to several cities for participation in the City of Houston's
Southeast Water T•:eatment Plant. In addition, twc dozen smaller
x projects have been funded. At the present rate, the water supply
authorization will be utilized long before the end of the coning
` biennium.
r No water quality funds were included in the March 1987 bond sale.
However, the state's water quality needs are enormous. Pressure
r 1 for state funds can be expected to grow in response to statutory
' revisions to the Board's lending rate, further incentives for
regional projects, and changes in federal grant programs.
' In addition, under the Clean Water Act, the existing federal
' grant program for sewage treatment projects is being phased out
and federal funds will be used to capitalize a revolving loan
fund, The state will be required to match these funds 20
percent, which will require at least $150 million over the next
eight years. The preferred source would be general obligation
bonds. Without matching funds, the state will lose significant
amounts of federal funds. This use was not contemplated at the
1 time Proposition 1 was passed in 1985.
Finally, flood control authorization needs to be replenished.
,k
page 5
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L
n Public Libraries
Library Facilities
3
~ According to the Texas Library Association the total square
~
footage in all library facilities, including branches, mobile,
~
table facilities should be approximately .75 square feet
portable
and or
per person served. Based on this ctandard, the Library i
a Development Division of the Texas State Library has estimated
I
needed library facilities for Texas communities.
Over 68 percent of the state's population does not have access to
adequate library facilities. A total of 3.6 million square feet
of new library space is needed to meet the Texas Library
t.ssociation's standards. In addition, over 15 percent of Texas'
public library facilities, totalling 1.5 million square feat,
were constructed more than 50 yaars ago and are in need of
replacement.
t
The total amount of federal grants available for library
+ construction this year is $10221,668.
The state appropriation for statewide library development,
including program administration, was $10,375,166 for fiscal year
1987.
Y
Current Public Library Facility Needs
FJ i' 3 605,668 (sq. ft.)
New Facility Needs I.
Cost Per Square Foot x $56
r Total - New Facilities $ 201,917,408
Replacement Facility Needs 1,568,562 (sq. ft.)
Cost Per Square Foot x $56
Total -Replacement Facilities $ 87,839,412
r ti;■arrsurrrrr■
TOTAL $ 289,756,880
I
' Notes This estimate excludes site acquisition costs.
Sources Texas State Library (based on 1983 data)
Page 6
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Airports
Commercial and General Aviation Service
Commercial service airports can be divided into two groups,
I primary airports and non-primary airports. Texas' 20 primary
i airports support scheduled passenger service by large and medium
transport aircraft. Texas' 10 non-primary airports support
scheduled passenger service by smaller, commuter aircraft.
Federal funding for primary airports averages between
and SSO million er $40 million
limited amount of federal discretionaryairndsts may compete for a
General aviation service includes business service airports,
community service airports, and basic service airports. Business
service airports are defined as those providing business jet
access and urban area service. This group represents 32
of Texas general aviation airports, but accounts for 70 percent
of general aviation development costs. Community service
s airports, representing 45 percent of general aviation airports in
Texas, provide business access by single and light twin-engine
° aircraft, turbo-prop aircraft, and a limited number of business
jets. Texas' 65 basic service airports support very low levels
of flight activity and do not support busiress activity.
Federal funds for general aviation airports averages $16 million i
'j a year. In recent years, the state has contributed approximate:y
S2.6 million a year.
r " Current Texas Aviation Needs
Commercial Aviationt
' Primary Service $ 481,739,040
Non-Primary Service 19,498,920
$ 501,273,960
General Aviation Service:
Business Service $ 133,408,920
P' Community Service 43,468,560
Basic Service 9,5270280
w.; $ 186,404,760 i.
Y
Y,
TOTAL raarrrsrea:r■
S 687,642,720
Sources Texas Aeronautics Facilities Plan, Texas Aeronautics ~
s. Commission, Auqust
w y Page 7
Jails
There is a considerable and growing-need for jail construction.
There are now 78 jails out of compliance with state standards,
most of them because of overcrowding. Among those counties are
Harris, Bexar, Tarrant, Travis, Lubbock, El Paso, Potter, £ctor,
and Nueces.
45 of these counties are planning to build or renovate jails but
have not yet passed a bond issue. Another 30 counties have jail I
construction underway. 1111
The crowding problem is largely due to four factors,
p.
o Tougher DWI laws that create a two-year jail sentence on
third offenses.
o More probation because of crowding at Texas Department of
Corrections. That creates more violators who do jail time.
r,
t f o Earlier paroles from state prisons which produce more parole
'r violators. Dallas County has 140 to 180 "Blue Warrant"
cases in jail nearly all the time awaitin7 processing.
o More contempt actions for child support brought by the
Attorney General. There are 70,000 Toxi s men in arrears of
child support by the Attorney General= estimate and as they
are identified, if they refuse to pay, they are put in tail,
These factors are unlikely to change in the near term.
Meanwhile, many counties have had difficult y.
~tr~e 'S y passing bond issues
for jail improvements.,
3 `
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Sourcess State Commission on Jail Standards, Attorney General's
z Office
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1
: Financial Details
State Facilities 1
Under the Build Texas Program, the state would issue up to $300
I million in general obligation bonds to be used for construction
of corrections, youth corrections, and mental health and mental
retardation facilities.
As the proposed legislation is currently written the
constitutional amendment election would be held on November 3,
1987. The Texas Public Building Authority could then sell the
bonds approximately 30 to 60 days after approval.
Debt service would be paid by appropriation from the general
revenue fund, although some of the interim debt service could be
paid through arbitrage, f
Bonds would probably be issued for a term of 20 years, depending
on conditions in the financial msrkets at the time of issue.
r
Witt Water Quality and Flood Control
The state would issue up to $400 million in general obligation
bonds to be used for water supply, water quality, and flood
c"control projects.
As the proposed legislation is currently written the
constitutional amendment election would be held on November 39
1987. The Water Development Board could then sell the bonds
approximately 30 to 60 days after approval.
#~ytit The purpose of this bond program is to provide a designated loan
pool. Debt service would be paid by the participating political
k subdivisions.
Bonds would probably be issued for a term of 20 years, depending
on conditions in the financial markets at the time of issue.
<it
Local Facilities
The state would issue up to $400 million in general obligation
bonds to be used for loans to cities and counties for
infrastructure projects.
As the proposed legislation is currently written the
constitutional amendment election would be held on November 31
1967. The Departwent of Commerce could then sell the bonds
,d approximately 30 to 60 days after approval.'
t page 9
}
i
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I
Debt service-would be paid by the participating political
subdivisions. All interest during the first year and one-half of
the interest during the second year would be capitalized. In
addition, $10 million for planning and design grants would be
capitalized."
Bonds would probably be issued for a term of 20 years, depending
on conditions in the financial markets at the time of issue.
Y ~ 31 Mr.. n
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Page 10
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u~.ft ~ ~ ,...v...w» ...•..+.ssAA6,~+K15'Vk341RW:1i~RiFJMM
i
Why Use General Obligation Bonds
Instead of Revenue Bonds?
This question has arisen recently with regard to the method to be
used to provide debt financing for prisons, MHMR facilities, and
facilities of the Texas Youth Council.
j The basis for revenue bond financing is in the user fee concept.
Those who use a service should pay for it. When a particular
service can be delivored through the use of a fee, revenue bonds
become viable and should be considered.
Typically, general obligation debt has been used by issuers to
finance assets that permit the delivery of essential services. III
Often times, these essential services produce little or no {
revenue. Traditionally, these infrastructure projects have been
financed through "full faith and credit" general obligation
} bonds.
i
In addition, the use of general obligation bonds is usually the
Is Y most inexpensive way to borrow. According to a recent analysis
r' of the Texas Public Building Authority, the effective rate on
general obligation bonds was one-third of a percentage point
" lower than the effective rate on revenue bonds for a financing
S scenario similar to the one proposed by the Build Texas
program.
Correctional facilities and to a certain extent state mental
health facilities do not produce revenue and do not easily lend
themselves to a "user fee" concept.
There are also no offsetting rents that could be used as a %
rationale for the revenue bond approach. These facilities
provide essential governmental services that easily have a useful
life that stretches over the period necessary to repay the bonds.
Therefore, it would appear that the general obligation bond
i approach to financing these facilities is fully justified and
reasonable given today's circumstances. i L
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Build Texas Program
E The Build Texas Program is designed to encourage construction of
public facilLties. The program has three componentst•
I. State Facilities - 0300 million in general obligation bonds
would be authorized for Texas Department of Correctionsr
Texas Youth Council, and Texas Department of Mental Health
and Mental Retardation construction programs.
S.J.R. 56 by McFarlane authorizes $300 million in general
obligation bonds for construction of corrections, youth j
corrections, or mental health and mental retardation
facilities.
S.B. 1407 by McFarland allows the Texas Public Building
Authority to issue up to $300 million in general obligation
bonds. Bonds must be reviewed by the Bond Review Board.
The Texas Department of Corrections is required to submit a
master plan for construction of correction facilities.
it, Water. Water Quality and Flood Control - $400 million in
!g general obligation bonds would be authorized for water
supply, water quality and flood contro..
E
qqr, S.J.R. 34 by Montford authorizes the Water Development Board
F to issue $400 million in general obligation bonds for water '
F projects. Of that amount, $200 million is designated for i ,
s water supply, $130 million is designated for water quality
and $30 million is designated for flood control.
S.B. 1406 by Montford makes the appropriate changes to the
Water Code.
r
111. Local Facilities - $400 million in general obligation bonds
would be authorized for a state loan program for local
public facilities.
B.J.R. 35 by Parmer would authorize $400 million in general
obligation bands for making )cans to local governments to
finance construction of public facilities and making grants {
{ to local governments for planning and design of projects. f
f .
H.B. 4 by A. Smith would be amended to allow the proposed
Department of Commerce to sell bonds and loan the proceeds
to local governments.
nt t
rs
' U
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No new loans would be made after the luen program has been
i in effect ar four years.
I
I
•uying'cerificates.of Obligations !
would be authorized to
make local participation easier. Loans would be structured'
to provide for zero interest the first year and one-half thi
market interest the second year.
Public faellitles would include jails, parks, airports,
libraries, ports, convention centers, and other public
buildings.
3
010 million in the 1988-89 biennium would be set aside for a
F 50 percent matching grant program for planning and design of
projects. Repayment of the grant would be required if
construction had not commenced within two years.
i
bepartment of Commerce approval procedures would prioritize
loan applications, if necessary, based on the jobs created
during the construction phase and
rK permanent new jobs.
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V.
Report to Citizens - 91 Committee
April 211 1981
Facie three
two
Of the remaining projects under this category)
have been recommended for changes (see below) and the
others are in the process of engineering and design
work.
C, Recommended changes: The stalansa projected ndin the
changes from the ociginaAfter careful study and
street hoed program.
` evaluation, the committee has endorsed these
recommend8eions for ; the consideratlon of the Council.
They are
C1, That the city assume maintenance responsibility
for Teasl:y Lane from IH-35E and convert its
reconstruction from a state to a city project.
The rationale is that savings
esign work tine the
money can be effected. complete and bids can
reconstruction uly. Ify cowe wait for the State
be advertised by y J
^ to sponsor the project there is likely to be a
lengthy delay.
U
2, That the plan to rebuild Hickory trom cedar to
and that the
, i
Austin be changed to r(~av.ipq a
au all ot
savings thus realized be use i❑ o repave
scent
the streets on the square Austin* Pthe ecan.) end
6 treet3 (Cedar, walnut,
%
impetus for this proposed change is the tact that
Hickory is in better ctheitentireansquareinarea
thought, and repaving
would complement the other improvements being
made there.
t,
Ii. $21.7 MILLION CAPITAL IMPROVEMENT PROGRAM
The advertising of bids and the
A, Introduction.
awarding of contracts for most of the CIP projects
r ` scheduled for the current year had to await the sale
of al procedures were dcomnot pleted~.r Meuntil anwhilee the staff
• 1 has been at wor k for months preparing design schedules woaka
doing preliminary engineering
Although we would have preferred to have the bonds
are very optimistic
sold three or four months ago,
shows h all r ojectio
thensprofjects
about our being ablwhich meet
attached s durin erthe years they were promised. The
being bid clua9ksl public works, fire and police
{ engineering) P meet
divisions and departments all feel that they can
the schedule.
fi
''-7
Report to Citizens - 91 Committee
April 21, 1987
Page three
Of the remaining projects under this category# two
! have been recommended for changes (see below) and the
others are in the process of engineering and design
work.
C. Recommended changes: The staff has recommended two
changes from the original plans projected in the
street bond program. After careful study and
evaluation, the committee has endorsed these
recommendations for the consideration of the Council.
They are as follows:
1. That the city assume maintenance responsibility
for Teasley Lane from Ili-35E and convert its f
reconstruction from a state to a city project.
The rationale is that savings in both time and
money can be effected. Design work for the
reconstruction is virtually complete and bids can
be advertised by July. If we wait for the State
to sponsor the project there is likely to be a
lengthy delay.
C2. That the plan to rebuild Hickory from Cedar to
C Austin be changed to re_pav,ing., and that the
savings thus realized be usea to repave all of
the streets on the square and the adjacent
streets (cedar, Walnit, Austin, Pecan.) The
impatus for this proposea change is the tact that
4' r Hickory is in better condition than originally
r thought, and repaving the entire square area
would complement the other improvements being
made there.
L "I
II. $21.7 MILLION CAPITAL IMPROVEMENT PROGRAM
' A. Introduction: The advertising of bids and the
Mf g l awarding of contracts for most of the CIP projects
scheduled for the current year had to await the sale
of bonds, which could not occur until the necessary {
legal procedures were completed. Meanwhile, the staff
has been at work for months preparing schedules and
doing preliminary engineering and design work.
Although we would have preferred to have the bonds
sold three or four months ago$ we are very optimistic
about our being able to meet the projections of the
` attached schedule, which shows all of the projects
being bid during the years they were promised. The
engineering, parks# public works, fire and police
divisions and departments all feel that they can meet
a. the schedule.
1911L
` NO.
I
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES AND DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
i
j
SECTION I.
That the City Council of the City of Denton hereby approves
an agreement between the City and Freese and Nichols, Inc. for
engineering services in accordance with said agreement and the
Mayor is hereby authorized to execute the agreement on behalf of
the City.
,r
4y SECTION II.
rw That the City Council authorizes the expenditure of funds in
r " the manner and amount as specified in the agreement.
SECTION 111.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this day of , 1987,
1 I
;21 il-
r' f Yl 1
t' A , MAYOR
CITY OF DENTON, TEXAS
ATTEST;
JENNIFE9 CITY OF DENTON,1 TEXAS SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, C17Y ATTORNEY
a ^
ti` a r .r; CITY OF DENTON$ TEXAS
h )
• BY. 4clihu V.
,
U.
leaf
t
AGREEMENT FOR ENGINEERING SERVICES
E
STATE OF TEXAS (l
COUNTY OF Denton
This Agreement made, entered into and executed this the day
of 19 , by and between-we-my-of
Denton, hereinafter ca e e NER an reese and Nichols, Inc.,
%~.~4einafter called the "ENGINEER" acting herein, by and thrcvgh its
representative, duly authorized to to act for and in :,ehalf of said
ENGINEER.
WITNESSETH, that in consideration of the covenants and agreements
herein Contained, the parties hereto do mutually q ree as follows:
SECTION
{ EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perforit
professional engineering services in connection with the Project as stated
in the sections to follow; and for having rendered such services, the
7 OWNER agrees to pay to the ENGINEER compensation as stated in the sections
r
The Project shall include engineering desig9n services required in revis'.ng
feasibility ofnImplementingga regionalastolrmwaterudetentionvsyste+noonof the
Hickory Creek and an update and expansion of the Master Drainage Plan,
Fd ~
SECTION 11
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the '
ENGINEER and shall remain in force for the period which may reasonably be
required for the resign, award of contract, and construction of the
Pro- ject, including Additional Services and any required extensions approved
by the OWNER.
.n+
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SECTION III
BASIC SERVICES
The ENGINEER shall render the following professional services for th%~
development of the Project:
A. PHASE I: REVIEW Of THE STORM DRAINAGE DESIGN CRITERIA
1. Review the storm drainage design criteria of the 1975
Drainage Manual with the OWNER and identify drainage
related problems that have been experienced by the OWNER and
for which revisions in the drainage design criteria may be
appropriate.
2. Inventory the drainage design criterta for selected cities
within the surrounding area in order to compare the OWNER's
existing and proposed criteria with other standards.
3. Review the current subdivision and land development
regulations with regard to the problems identified in the
Y ~
` Item A.1 and the proposed revisions of the drainage design
criteria.
' r 4. Review the status of the floodplain mapping as prepared by
the federal Emergency Management Administration (FEMA) for t
the four major watersheds crossing the proposed area of
study.
S. Review the statts of the work plans (for flood control
structures) of the Soil 4onservation Service (SCS) for
Hickory Creek and Clear Creek. A
u... b. Prepare a listing of recommended revisions to the storm
drainage design criteria for review by the OWNER's staff.
7. Meet twice Aith the OWNER to discuss the recommended
revisions to the storm drainage design criteria.
8. Attend one public hearing concerning the proposed revisions
to the storm drainage design criteria.
9. Prepare a final listing of revisions to the storm drainage
design criteria for review and approval by the OWNER.
B. PHASE II: REVISION Of THE DRAINAGE MANUAL
1. Review with the OWNER's staff the preferred format for the
revised drainage manual which will be simplified from the
1915 version of the manual but will incorporate applicable
material from t~.I 1975 manuals x
.2.
i
The revised manual will delineate the storm drainage design
criteria, expected results of engineering analyses and
the format by which design data will be pPresented (rather
l.
than illustrating specific design method
2. Determine which portions of the 1975 manual will be retained
and reprinted in the revised manual.
3. Incorporate the approved revisions in the storm drainage
design criteria with the applicable portions of the 1975
manual and prepare a master text for reproduction.
4. After review and approval of the final draft by the OWNER,
print fifty (50) copies of the revised Drainage Manual. 1
C. PHASE III: EVALUATION OF REGIONAL STORM MATER DETENTION PONDS ON
HICKORY CREEK (See Exhibit A)
1. Meet with the OWNER and the SCS to review the pprigress of the
implementation of the existing work plan for the Hickory
Creek watershed and determine how the existing data of the
SCS may be integrated into a watershed model which can be
used to e4aluate the feasibility of providing regional storm
water control for the watershed, (The SCS does nct currently
have a computer model for its work plan.)
2. Review the water rights issues which may affect the Imple-
mentation of a regional system upstream of Lake Lewisville
and advise the OWNEK of work that may be necessary when a
regional detention pond system is implemented.
3. Review the dam safety regulations which may affect the
existing Class A structures constructed by the SCS and advise
the OWNER of work that may be necessary when a regional
detention pond system is implemented. r"
F 4. Assist tke OWNER in evaluating the preliminary engineering
requirements of sites Which may be purchased for regional
detention ponds.
5. Review the HEC-1 flood routing model of Hickory Creek as
prepared by the Corps of Engineers for the 1985 FEMA
evaluation for application n this Pro3ecte
6. Prepare a Hydrologic Engineering Center (HEC)-1 model for
existing and ultimate watershed development conditions for
the Hickory Creek watershed. The model will be limited to no
more than 25 detention pond sites,
-3-
i
t
7• Review the 8EC-2 backwater model of Hickory Creek as prepared r^
by the Corps of Engineers in 1985 to determine the appli-
cability for this project and also to determine the need
for supplemental survey data. The OWNER's surveying staff
will provide the data requested,
8• Utilizing the Corps' 1985 HEC-2 model for the main stem of
Hickory Creek and the Dry Fork tributary of Hickory Creek,
determine the differential floodplain for the main stem and
the Dry Fork tributary for the area delineated in Exhibit A
for-
a. Storm discharges from existing and ultimate watershed
development conditions without additional regional
detention ponds in place (other than the existing Class
A SCS dams), and
b. Storm discharges from existing and ultimate watershed
development conditions with additional regional
detention ponds in place
9. Evaluate the size of the channel improvement in Hickory Creek
that would to re ulred to approximate the same floodplain
width resulting from building a regional stormwater detention
system,
10. Prepare an opinion of the probable cost of construction for
the recommended detention °
Improvement system discussednInsItem CaBdandeC.9annel
11, Summarize the results in a report and provide to the ll
OWNER three copies of a draft for review.
12. Incorporate the resulting comments and revisions into the y
final draft and print twenty (20) copies.
D. PHASE IV; REVISION AND UPDATE OF THE 1975 COMPREHENSIVE MASTER
DRAINAGE PLAN (FOR THE WATERSHEDS ABOVE THE DESIGNATED
FLOODPLAINS) (See Exhibit 8)
The designated floodplain on Hickory Creek will be the alternative
chosen by the OWNER after completion of Phase III. The desigyrated
floodplain for Clear Creek, Pecan Creek and Cooper Branch wi11 be r
the FEMA study available at the initiation of this contract.
1. Inventory the existing major drainage facilities in the
proposed study area by assembling the available information
from fEMA the USGS, the SCS and the OWNER's aerial and
topographic mapping,
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2. Visually inspect the structures deemed crucial to the
proposed design and determine the need to obtain field survey
data for those structures.
The OWNER's survey crews will provide the field survey data
identified.
j 3. Review the land use planning and the zoning for the proposed
study area; and, in coordination with the OWNER's staff,
determine the land use that can be expected for ultimate
watershed development in the proposed study area.
4. Assemble information concerning existing or proposed major
water or sanitary sewer pipelines and highways or street
bridges that would conflict with proposed drainage
improvements.
5. Assemble the information on high water marks and/or drainage
problems furnished by the OWNER.
6. Recommend a drainage plan for areas in the proposed study
area delineated in Exhibit B.
a. Define the sub-watersheds (generally greater than 30
t acres) and determine the acreage in each.
b. Calculate the 100-year storm runoff volumes for the r
watersheds assuming fully developed watershed conditions
as identified by the land use plan.
c. Utilizing the slope of the land taken from the available
topographic base mapping provided by the OWNER,
establish a recommended size of enclosed storm drain
larger than 36 inches in diameter concrete-lined open
channel or earthenillned (naturalf channel for the areas
.f
outside of the des gnated FENA flood plains.
k 7. Prepare mapping of the recommended storm drainage facilities
utilizing as the base map the mylars of the In • 200'
I topographic base maps provided by the OWNER. The ENGINEER will
ma a reproducible mylars from the on Ina) maps provided by the
OWNER. The mapping will illustrate the alignment of the proposed
enclosed storm drains or open channels, the drainage area
boundaries, the acreage of each drainage area, and thi calculated
storm discharge.
The drainage plan will be prepared as an overlay generated
from digital data by either an Intergraph or AutoCad system
and cdmposited photographically with a screened copy of the j
topographic base wraps provided by the CWNER, Preparation of
1
t
the overlay in a digital data form will allow for that
information to be utilized with the digital form of the
topographic mapping at such time as the OWNER has its base
maps digitized or scanned into digital data.
8. Furnish to the OWNER one (1) copy each of the full size and
half size reproducible mylars of the mapping referenced in
Item C.7 so that the OWNER can run blue line copies.
9. Provide So bound copies of the half size drawings printed in
one color (black and white).
SECTION IV
ADDITIONAL SERVICES
Additional services to be performed by the ENGINEER, if authorized by the
OWNER which are not included in the above described basic services, are
described as follows;
A. Field Surveying required for the preparation of preliminary
designs.
{ b. Making necessary property, boundary and right-of-way surveys,
preparation of easement and deed descriptions, including title
search and examination of deed records.
C. Preparation of applications and su g
ment grants, loans, or planning advences nandoproovvidingodatavfor-
detailed applications.
D. Appearance before regulatory agencies or courts as an expert wit-
° ' ness in any litigation with third parties or rondeom ation proceed-
ings arising from the development or construction of the Project,.
Including the preparation of engineering data and reports for
assistance to the OWNER.
SECTION V
RESPONSIBILITIES OF OWNER
OWNER shall do the following in a timely manner to as not to delay the
services of ENGINEER;
rS
A. Designate in writing a person to act as OWNER's representative
with respect to the services to be rendered under this Agreement.
Such person shall have contract authority to transmit iritruc-
andndecislonsewithInformation, tointerpret
ENGINEER'sdsedfne rvicesOforathepProject.
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B. Provide all criteria and full information as to OWNER's require-
ments for the Project, including design objectives and con-
straints, space, capacity and performance requirements, flexi-
bility and expandability, and any budgetary limitations; and
furnish copies of all design and construction standards which
OWNER will require to be included in the design.
C. Assist ENGINEER by placing at ENCINEER's disposal all available
information pertinent to the Project including previous reports
and any other data relative to design or construction of the
Project.
D. Arrange for access to and make all provisions for ENGINEER to
enter upon public and private property as required for ENGINEER to
perform services under this Agreement.
E. Examine all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented by ENGINEER, obtain
advice of an attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so
as not to delay the services of ENGINEER.
F. Furnish approvals and permits from all govermrental authorities
having jurisdiction over the Project and such approvals and
consents from others as may be necessary for completion of the
Project.
G. Provide such accounting, independent cost estimating and insur.
ante counseling services as may be required for the Project, such
legal services as OWNER may require or ENGINEER may reasonably
request with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such auditing
service as OWNER may require to ascertain how or for what purpose
any Contractor has used the moneys paid under the construction
contract, and such inspection services as OWNER may require to
ascertain that Contractor(s) are complying V. th any law, rule,
regulation, ordinance, code or order applicable to their furnish-
ing and performing the work.
N. Give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope
or timing of ENGINEER's services.
1. The OWNER shall make or arrange to have made all subsurface
investigations, including but not limited to borings, test pits,
soil resistivity surveys, and other subsurface explorations.
OWNER shall also make or arrange to have made the interpretations
a of data and-reports resulting from such investigation:. All costs
associated with such investigations shall be paid by the OWNER. s
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J. Research and provide the information specifically identified by
the ENGINEER in the Scope of Mork, including:
a. The applicable subdivision and land use regulations and
mapping,
b. The identification of drainage problems,
c. Designation of ultimate land use for the study area,
d. Location and size of major conflicts such as water and j
sanitary sewer pipelines or other utilities,
e. Information on historical high water marks,
f. Field surveying information and reduction of notes as
identified by the ENGINEER, and
g. The legal consultation, appraisals and other efforts ne 0e d
to determine the feasibility of buying or obtaining easements
for each probable location of a detention pond.
t h. The original mylars of the topographic base mapping.
K. Furnish, or direct ENGINEER to provide, Additional Services as r,
l stipulated in Section IV of this Agreement or other services as
required.
1. Bear all costs incident to compliance with the requirements of
this Section V.
}
SECTION VI
~i COMPENSATION
A. BASIC SERVICES:
i
Compensation to ENGINEER for the work defined In Section III shall
be the lump sum amount of $450,000.00, in accordance with the
following schedule:
1986 fiscal Year $ 25,000 (for Phase 1 and 11)
1988 Fiscal Year $2120500 (for Phase Iii and part of IV)
1989 i1 scal Year $212,500 (for completion of Phase IV)
1-' o
Applicable Federal, State and local are not included in the lump
sum amounts and will be added to the applicable services and
expenses, However, If the OWNER is exempted by statute from the
requirement of shat of such loxes, no additional payment to
ENGINEER 11 Ee required.
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Progress payments may be requested by the ENGINEER based on the
percent complete. Requests for progress payments will not be more
frequent than monthly.
If OWNER fails to make any payment due ENGINEER for services and
expenses within thirty days after receipt of ENGINEER's statement
therefore, the amounts due ENGINEER will be increased at the rate
of It per month from said thirtieth day, and in addition, ENGINEER
may, after giving seven days' written notice to OWNER, suspend
services under this Agreement until ENGINEER has been paid in full
all amounts due for services, expenses and charges.
B. ADDITIONAL SERVICES:
I
For additional services in Section IV, except resident represen.
tation, the ENGINEER shall be paid based on the Schedule of
Charges shown in Exhibit C. P
shall be due and payable uon summits for additional services
p subel b the Stat"ients shall not be submitted moreofrequentlyNthan£monthly. E
SECTION VII
TIME OF COMPLETION
A ' The ENGINEER will commence work on the Project Immediately upon execution
of this contract. The ENGINEER shall complete the work in accordance with
the following schedule and as Illustrated on Exhibit D.
PHASE 1: REVIEW DRAINAGE CRITERIA (Sumner of 1981)
- 60 days after execution of contract
PHASE II: REVISION OF DRAINAGE MANUAL (Sumner of 1981)
- 60 days after approval of drainage criteria
PHASE III: EVALUATION OF DETENTION PONDS (Fiscal Year 1988)
- 330 days beginning October of 1988
PHASE IV: UPDATE MISTER DRAINAGE PLAN (Fiscal Year 1988 and 1989)
540 days beginning April of 1989
This schedule of work for engineering services assumes that each phase of
the work progresses smoothly into the following phase without substantial
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delay due to public hearings or other conflicts which are not under
control of the ENGINEER. Such conflicts may cause the schedule to be
revised.
SECTION Vill
OPINION OF PR08ABLE CONSTRUCTION COST
The ENGINEER will furnish an opinion of probable construction cost of the
work, but does not guarantee the accuracy of such estimates.
Opinions of probable construction cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian con-
siderations of operations and maintenance cost Qrspared by ENGINEER
hereunder will be made on the basis of ENGINEER s experience and
qualifications and represent ENGINEER's best judgement as in experienced
and qualified design professional. It is recognized, however, that ENGINEER
does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractors'
methods of determining their prices, and that any utilitarian evaluation of
aiy facility to be constructed or work to be performed on the basis of the
Report must of necessity be speculative until completion of its detailed
r design. Accordingly, ENGINEER does not guarantee that proposals, bids or ~
actual costs will not vary from opinions,
by ENGINEER to evaluations or studies submitted
OWNER hereunder.
SECTION Ix
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by ENGINEER (and ENGINEER's independent
associates and consultants) pursuant to this Agreement are instruments of
service and ENGINEER shall retain an ownersM p and property interest here-
in, OWNER may make and retain copies for information and reference, how-
ever, such documents are not intended or represented to be suitable for
reuse by OWNER or others. Any with
out written verification
tation by OWNER will be at OWNER's sole risk and without liability oralegal
exposure to ENGINEER, or to ENGINEER 's inde endent associates or
consultants and OWNER
shall
inde+mnlf a p
and hold
harmless ENGINEER and
~nd y
ENG
1lossesNE consul from al, dama
ER s and expenseseincludingaattorneys' feesaarising outloflormresultings,
therefrom. Any such verification or adoption will entitle ENGINEER to
further compensation at rates to be agreed upon by OWNER and ENGINEER.
,
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SECTION X
ARBITRATION
No arbitration arising out of, or relating to, this Agreement involving
one party to this Agreement may include the other party to this Agreement
without their approval.
SECTION XI
TERMINATION Of CONTRACT
The obligation to provide services under this Agreement may be terminated
by either party upon thirty days' written notice in the event of substan-
tial failure by the other party to perform in accordance with the terms
thereof through no fault of the terminating party. In the event of any
termination, ENGINEER will be paid for all services rendered and reim-
bursable expenses incurred to the date of termination and, in addition,
all reimbursable expenses directly attributable to termination.
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SECTION XII
SUCCESSORS AND AcS!IjAMENTS
OWNER and ENGINEER each are hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER
are hereby bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and
obligations of this Agreement.
Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that may
become due or moneys that are duel this Agreement without the written
consent of the other, except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge
r , ) the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from employing such
independent associates and consultants as ENGINEER may deem appropriate to
assist in the performance of services hereunder,
Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER, and all
duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of OWNER and ENGINEER and not for the
benefit of any other party.
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SECTION III
s ENGINEER shall indemnify and save harmless the OWNER and its
officers, agents, and employees from the liability of the OWNER
on account of any injuries or damages received or sustained by
any person or persons or property, including court costs, and
reasonable attorneys fees incurred by the OWNER, proximately
caused by the negligent acts or omissions of the ENGINEER or its
officers, agents, or employees in the execution, operation, or
performance of this Agreement.
SECTION XIV
The following exhibits are attached to and made a part of this
Agreement:
Exhibit A; Proposed Areas of Study for Storm Water Detent'on and
Master Drainage Plan
Exhibit Bs Proposed Arras of Study for the Master Drain,,,* Plan
Exhibit C: Schedule of Charges
.t Exhibit Ds Schedule of Work
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This contract is executed in two counterparts. ,
IN TESTIMONY HEREOF, they have executed this Agreement, the
day of May, 1987.
ATTEST: CITY OF DEN'rON, TEXAS, OWNER
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N.v BY:
JENNIFER WALTERS, STEPHENSO OR
CITY OF DENTON, TEXAS
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
" DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
By. 4L
FREESE AND NICHOLS, INC., E
ATTEST: ENGINEER
BY: ROBERT L. NICRO
{ EXECUTIVE VICE PRESIDENT
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EXHIBIT C
SCHEDULE OF CHARGES
SPECIAL SERVICES
Staff Members Salary Cost Times Multiplier of 2.3
Salary Cost is defined as the cost of salaries of engineers, draftsmen,
stenographers, surveymen, clerks, laborers, etc., for time directly
chargeable to the project, plus social security contributions, unemployment
compensation insurance, retirement benefits, medical and insurance
benefits, bonuses, sick leave, vacation and holiday pay applicable
thereto (Salary Cost is equal to 1.3895 times salary,payments. This
" factor is
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adjusted annually-)
kx t Other Direct Expenses Actual Cost Times Multiplier of 1.15
1 Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence away from
M Fort Worth and other miscellaneous expenses directly related to the work,
including costs of laboratory analysis, tests, and other work required to
~y BFI be done by independent persons or agents other than staff members.
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SCNEOULT OF YORK )OA PASTER DRAINAGE PLAN
' 196) 1966 1969 1990
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I MR I1: If VI$IN OF OUAIMAGE WAAML 11 11 It
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AGENDA ADDENDUM
j CITY OF DENTON CITY COUNCIL
May 5, 1987
7:00 p.m.
l 1. Consider approval of an ordinance approving a contract
between the City of Denton and Fre-3se and Nichols,
Inc. for engineering services and declaring an
effective date.
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City of Denton City Council Agenda
May 5 1987
k Page 3
+
I
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.
J`
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, 43, 4.C.). This listing is
provided on the Consent Agenda to allow Council Members to
discuss any item prior to approval of the ordinance.
i
A. Bids and Purchase Orders:
1. Bid 19734 - Sod for Airport ! j
2. Bid 19737 - Traffic Controller Heads
A 3. Bid 19744 - Slanting Disc Pump Control Valves
=~ta 4. Bid 19631 - Teasley Road Associates
s kF. Participants
ti^ S. P.O, $78S9S - Wesco - $33,000 - insulated
copper wire
B. Final Payments
j 1. Consider approval of a final payment for
Welch Street Overview in the amount of
$6,964.21.
4. Ordinances
w r) A, Consider adoption of an ordinance accepting
;6. competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
s 1
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
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NO.
AN ORDINANCE OF THE CITY OF DFNTON, TEXAS, DESIGNATING THE PRO-
PERTY LOCATED AT 928 WEST HICFUKY STREET AS A HISTORIC LANDMARK
UNDER ARTICLE 28A OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $19000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Historic Landmark Commission and the Planning
and Zoning Commission of the City of Denton have recommended that
the property herein described be designated as a historic land-
mark in the City of Denton; NOW, THEREFORE,
OF THE CITY OF DENTON HEREBY ORDAINS:
THE COUNCIL
SECTION I. That the property located at 928 West Hickory
Street, being more particularly described in Exhibit A attached
w nereto and incorporated herein by reference, is hereby designated E
as a historic landmark under Article 28A of the Comprehensive
< Zoning Ordinance of the City of Denton, Texas.
SECTION II. That said property herein described shall be
indicate upon the zoning map of the City of Denton as a historic
landmark by the letter "H", and the property herein described
shall be subject to all of the terms, provisions and requirements
of Article 28A of the Comprehensive Zoning Ordinance of the City
of Denton, Texas, and such designation shall be in addition to
4 any other use designation established in the City's zoning
ordinance applicable to such property.
SECTION III. Any person who shall violate a provision of
t' this or manta, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a fine
h' not exceeding One Thousand Dollars ($1,000,00). Each such person
x shall be deemed guilty v a separate offense for each and every
day or portion thereo during which any violation of this
ordinance is committed, continued, and upon conviction of any
such violations such per -on shall be punished within the limits
above.
SECTION IV. That this ordinance shall become effective
k fourteen 14 days"from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
'4 ordinance to be published twice in the Denton Record-Chronicle,
1
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the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage. III
PASSED AND APPROVED this the day of , 1986. I
. r
RAY STEPHEN MAYOR
CITY OF DENTU, TEXAS
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ATTEST: ENNIFER 31i Q +
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI LRAYOVITCH, CICY ATTORNEY
yyti„ CITY OF DENTON, TEXAS I
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