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HomeMy WebLinkAbout08-18-1987 K I AGENDA CITY OF UENTON CITY COUNCIL August 181 1987 I Work Session of the City of Denton City Council on Tuesday, August 18, 1987, at 5s15 p.m, in the Civil Defense Room of the Municipal building at which the following items will be 1 considereds Notes Any item listed on the Agenda for the Rork Session may also be consilered as part of the Agenda for the Regular Meeting. 5s15 p.m. 14 E:ncutivt Sessions ± A. Legal Matters Under Sec. 2(e), Art. 6252-17 t V,A,T.S. ' iof 1. Hold a didcussion retarding litigation ; Including Havorick vs, the City of Denton and County of Denton ve. the City of Deatco. sA H. Real Estate Under Sec. 2(f), Art, 6252-17 V.A.T.S. 51• I C. Personnel/Hoard Appointments Under Sec. 2(g), I Art 6252-17 V.A,T.S. ' 16 Hold a discussion concerning the Municipal i Judge. 21 Hold a discussion regarding the tax rate for the . 1987-88 budg•it, k Hold a discussion regarding an ordinance amendtag 3. Chapter 22 of the Coda of Ordinances to provide for a . partial tax exemption for designated historic sites for a period o! ten yearsl providing for the recapture for an add ndmark Commi providing and o ^ of taxes in spe~The e Historic cases; La °,i`: Efectiva dace. the Planning and Zoning Commission recommend approval.) Regular Heating of the City of Denton City Council on Tuesday, August 180 19970 at 700 p,m, in the Council C.ha.a'oers of the qty. Municipal Luilding at which the following items will be ° co~.eidered s V ~ ; r° i r City of Denton City Council Agenda Aufust 18, 1987 Page 2 } 7%00 p.m. 1. Presentation of a proclamation to W. S. "Pinkie" Harpool recognising his selection as "Man of the Year in Texas Agriculture." 2. Consider approval of the minutes of the regular meetings of July 7 and July 21, 1987. 3. Receive a report from Hr. Roselle Weddle and Mr, Tom Van regarding a possible franchise for taxicab service J. r in the City of Denton. 4. Presentation of the Government Finance Officers, Association certificate of achievement for excellence in financial reporting for fiscal year ending September 30, 1986. 5. Ordinance t A. Consider adoption of ordinance and service plan annexing 212.12 acres being part of the i. Coy Survey, Abstract No. 2121 J. Ayers Survey, Abstract No. 21 B. Burleson Survey, Abstract No. + 651 N. Coker Survey, Abstract No. 249, and the R. Johnson Surveys Abstract No. 666. (A-46) (The Plaon:dg and Zoning Commission recommends approval.) 6. Public Hearings A. Consider a petition of City of Denton requesting 4 agricultural (A) coning on 212.12 acres located 250 feet east and vest of the centerline of 1-35 N for a distance of 3 1/2 miles from the existing city li%rits. The property is part of the i. Coy Survey, Abstract No. 2121 J. Ayers Survey, Abstract No. 21 B. Sur)eson Survey, Abstract No. s 651 N. Coker 3drvey, Abstract No. 249, and the R. Johnson Survey, Abstract No. 666. (The Planning and Zoning Commission recommends approval.) Z-1864 i 1. Consider adoption of ordinance establishing agricultural zoning on 212.11 acres located as t 250 feet east and west of the centerline of a" I-35 N for a distance of 3 1/2 miles from the existing city limits. T, £i 1 City of Denton City Council Agenda August 18, 1987 Page 3 B. Consider a petition of Donald R. Curtis and the i City of Denton for annexation of a 9.2154 acre tract of land being part of the J. Early Survey, Abstract No. 12790 and the Moreau Forrest Survey, Abstract No. 417, and being located at the northeast corner of Mingo Road and North Cooper Creek Road. (A-47) C. Consider a petition of the City of Denton for annexation of a 24.3957. acre tract of land being part of the J. Ayers Surveys Abstract No. 2, and part of the B. Burleson Survey, Abstract No. 650 and being located west of I-35 and north of intersection of Rector Road. (A-50) 7. Consent Agenda 1 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. i Listed below are bids and purchase orders to be a`+! approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinance (Agenda item 8.A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bide and Purchase 0-derae i 10 Bid 09753 - 800 MHz Radio System 1. Bid 09766 - Power Transformer Equipment 3. Bid 49767 - Switchgear 4. Bid 09771 - Fiberglass Crating 51 Bid 49772 - Transformers { 64 Bid 09775 - 30 Callon Refuse Bags 7. Bid 19776 - Accounting Sound Reflecting x Panels W L ~ 1 r~'E r y I City of Denton city council Agenda August 18, 1987 Page 4 B. Plate and•Replats 1. Consider approval of preliminary plat: of the Denton Municipal Utility Addition, Lot 1 of Blocks 1, 2 and 3. (The Planning and Zoning Aommission recommends approval). C. Tax Refunds 11 Consider approval of a tax refund to Allied Bank for $3,573.40 26 Consider approval of a tax refund to Dr. Ed Wolski for $1,158.60 8, Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipaent, supplies or services. B. Consider adoption of an ordinance authorising the r Mayor to execute a letter of agreement with Municipal Administrative Service, Inc. for professional auditing services relative to the City's franchise agreement with GTE. 9, Resolutions j E, A. Consider approval of a resolution authorising application to the Railroad Commission for the r City of Denton to become s part of the Fort Worth Commercial Zone and the Dallas Commercial Zone. B. Consider approval of a resolution authorising the 4 City Manager to execute an interlocal assistance agreement for law enforcement in Denton County. 10. Receive a report certifying to the estimated tax collection rate for the 1987-88 effective tax rate. Hold a record vote on a proposal to consider a tax 11. rate increase of 7.49% above the effective tax rate. E 12. gat the dates for public hearings for the 1987-88 budget and tax increase. 1 I~ ~'1 1 x f. ~ i I A I ' City of Denton City Council Agenda August 18, 1987 Page 5 ~f 13. Receive a report from Carl Young regarding the annual Easter Egg Hunt and impound fees from the Animal Control Center. 14. Miscellaneous matters from the City Manager 15. Official Action on Executive Session Itemsi A. Legal Matters Be Real Estate C. Personnel D. Board Appointments 16. New Business$ + Y j , This item provides a section for Council Members to a^ w f suggest items for future agendas. 17. Executive Seasiont A. Legr.l Hatters Under Sec. 2(e), Art. 6252-17 a , V.A.T.S. Be Real Estate Under Sec. 2(f)s Art. 6252-17 it V.A.T43. ' 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 bo at the City Hall of the City of Denton, Texas, on thr. day of 1987 at o'clock CITY/SECRETAPrl ,•1~ y 1 f 1 27230 •~w s 9 gyp'' ~4 iii b ! AGENDA CITY OF DENTON CITY COUNCIL August 18, 1987 Council on Tuesday, Work Session of the City of Denton City August 18, 1987s at 5:15 p.m. In the Civil Defense Room of the Municipal Building at which the following items will be considerede Note: Any item listed on the Agenda for the Work Session may l also be considered as part of the Agenda for the Regular Meeting. 1 5:15 P.M. 4 f 1. Executive Session: i A. Legal Matters Under Sec. 2(e), Art. 6252-17 Y.A.T.S. 1. Hold a discussion regarding litigation including vs. the City of and County of Denton vs. the City of Denton, B. Real Estate Under Sec. 2(f Art. 6252-17 1 C. Personnel/Board Appointments Under Sec. 2W. t Art 6252-17 Y.A.T.S. 1. Hold a discussion cjncerning the Municipal Judge. 2. Hold a discussion regarding the tax rate for the 1 1987-88 budget. 31 Hold a discussion regarding an ordinance amending Chapter 22 of the Code of Ordinances to provide for a partial tax exemption for designated historic sites for a period of ten years providing for the recapture of taxes in specified cases{ and providing for an effective date. (The Historic Landmark Commission a ) the Planning and Zoning Commission recommend approvals Regular Meeting of the City of D In the enton CCit ouncil nChsmbersTuof dthe August 18, 1987, at 7:00 p.m. Municipal Building at which the following items will be % considereds .t r; .ti AM* City of Denton City Council Agenda August 18, 1957 Page 2 700 p.m. 14 Presentation of a proclamation to "N. S. "Pinkie" Herpool recognizing his selection as Man of the Year in Texas Agriculture." Sa 2, Consider approval of the minutes of the regular meetings of July 7 and July 21, 1987. 3. Receive a report from Mr. Roselle Weddle and Mr. Tom Van regardJ.ng a possible franchise for taxicab service in the City of Denton. M 4. Presentation of the Government Finance Officers' Association certificate of achievement for excellence in financial reporting for fiscal year ending , September 30, 1986. 0 ' 1 ;I I Ordinance A. Consider adoption of ordinance and service plan f+ annexing 212.12 acres being part of the I. Coy ;I µ Survey, Abstract No. 212; J. Ayers Survey, Abstract No. 2; B. Burleson Survey, Abstract No. 631 N. Coker Survey, Abstract No. 249, and the R. i Johnson Survey, Abstrac• No. 666, (A-46) (The Planning and Zoning Commission recommends approval.) 66 Public Hearings A. Consider a petition of City of Denton requesting agricultural (A) zoning on 212.12 acres located 250 feet east sad west of the centerline of I-35 N for a distance of 3 1/2 miles from the existing j city limits. The property is p•irt of the I. Coy Survey, Abstract No. 2121 J. Ayers Survey, Survey, bstra Abstract No Abstract No. 21 b. Burleson No. 249, and the R. 651 No Coker Survey, Abstract Johnson Survey, Abstract No. 666. (The Planning and Zoning Commission recommends approval.) 2-1864 r 1, Consider adoption of ordinance establishing agricultural toning on 212.12 scree located 250 feet east and west of the centerline of I-35 N for a distance of 3 1/2 miles from the existing city limits. i City of Denton City Council. Agenda August 18, 1987 Page 3 B. Consider a Petition of Donald R. Curtis and the City of Denton for annexation of a 9.2154 acre tract of land being part of the J. Early Survey, Abstract No. 12791 and the Moreau Forrest Survey, Abstract No. 4179 and being located at the northeast corner of Mingo Road and North Cooper Creek Road. (A-47) C. Consider a petition of the City of Denton for annexation of a 24,3957 acre tract of land being part of the J. Ayers Survey, Abstract No. 2, and part of the B. Burleson Survey, Abstract No. 65, and being located west of I-35 and north of intersection of Rector Road. (A-50) A ~ 7. Consent Agenda ~ i 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 Conaent 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 ~R approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the j ordinance (Agenda item 8.A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orderst 1. Bid 19763 - 800 MHz Radio System 2. Bid 19766 - Power Transformer Equipment 3, Bid 19767 - Switchgear 4. Bid 19771 - Fiberglass Orating 5. Bid 49772 - Transformers 6. Bid 19775 - 30 Callon Refuse Sags 70 Bid 19776 - Accounting Sound Reflecting Panels e I ' I City of Denton City Council Agenda August 18, 1987 Page 4 B. Plate and Replate 1. Consider approval of preliminary plat of the Denton Municipal Utility Addition, Lot 1 of Blocks 1, 2 and 3. (The Planning and Zoning k Commission recommends approval). i C. Tax Refunds 1. Consider approval of a tax refund to Allied Sank for $3,573.40 2. Consider approval of a tax refund to Dr. Ed liolski for 31,158.60 8. Ordinances A, consider adoption of an ordicance accepting competitive bids and providing for the award of contracts for the purchase of materials, t equipment, supplies or services, 8. Consider adoption of an ordinance authorizing the { ` Mayor to execute a letter of agreement with k, Municipal Administrative Service, Inc. for professional auditing services relative to the City's franchise agreement with GTE. { 90 Resolutions A, Consider approval of a resolution su`irizing become a Commission t the the oFor. Worth City applicationDenton to the Commercial Zone and the Dallas Commercial Zone. ' F 8. Consider approval of a resolution authorizing the { City Mansger to execute an interlocal assistance i agreement for law enforcement lu Denton County. i1 , )A _ I i, Receive a report certifying to the estimated tax 10, collection rate for the 1987-88 effective tax rate. ' 11. Hold 4 record vote on a propisal to consider a tax rate tacrease of 7.492 above the effective tax rate. 12. Set the dates for public hearings for the 1987-88 budget and tax increase. +r `f '4111 i I i f S City of Denton City Cou7~ril Agenda August 18, 1987 r Page 5 ` 13. Receive a report from Carl Young regarding the annual Easter Egg Hunt and inpound fees from the Animal Control Center. 14. Miscellaneous matters from the City Manager 15. Officia_ Action on Executive Session Itemst A. Legal Matters 3 B. Real Estate C. Personnel D. Board Appointments 16. New Business: This item provides a section for Council Members to , xh suggest items for future agendas. + 17, Executive Sessiont A. Legal Matters Under Sec. 2(e), Art. 6252-17 r r• I Y.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 ro+ r 9,A.T.S. A C. Personnel/Board Appointments Under Sec, 2(g), Art 6252-17 Y.A.T.S, 1 4r C E R T I F I C A T E , I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, " on the day of , 1987 at o'clock y j f CITY SECRETARY r ~ i i 2723C t' ( Y i~•. s 1 ~ ,S 1. E ` S ~ • P/L~ i i W Yol DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 78201 / TELEPHONE (817) 888.8307 Office of fhe City managor M E M O R A N D U M TO, Mayor and Members of the City Council ' FROM., Jennifer Walters$ City Secretary DATE: •1u-ust 13r 1987 I q { F~l,' '{rG SUBJECT: Work Session Agenda Item #1 No back-up materials were submitted for this Work Session M1~agenda item. rr i i Map Jenn a Wal rs k 27270 r 11 y~~ .c c• i r r• 1 ..y.. i PH jrlA . 1.?'. ~llSg l~ vt. f S-1 •~'~4 r + PyP 0 Ffj 1 e I 1 5:30 a2 CITYofDENTON,TEXAS mUNICIPALBUILDINO / DENTON, TEXAS 76201 / TELEPHONE(817)566.8200 ` !1 H O A A N D U M I T01 Lloyd Y. Bartell, City manager FROH1 John P. HcOrane, Executive Director of Finance DAM August 13, 1987 t , SUBJECT: ADOPTION OF A TAX RATE AND THE BUDGET FOR 1987-88 t !j a Theta are two procedures for adopting a budget and setting a tax rate. Both of the procedures can progress concurrently, and their requirements are as follower 7y N, d : 41 16 Adoption of the Budget The charter requires that the budget must be finally adopted by Council at {y h` ,a r-5 least ten 110) days before the end of the fiscal year. In addition# a f ac public hearing on the budget must be held prior to its adoption. The last day Council hai fc gleeDt the budget is September 2D, which this year falls "r a on a Sunday. It is my understanding that Council would like to adopt the budget at the regular scheduled Council meeting on September 15. This would require that a public hearing on the budget be held either on September 15 or before. If the public hearing is held on September 1 and y' the vote for adop~ton of the budget took place on September 15, then a 1•. T a. f1> publication notice of the hearing would have to be in the Denton Record-Chronicle on or before August 17. 2. Adoption of a Tax Rate. v ` The second process involved to the adoption of a tax rate which Is governed by the State's 'Truth in Taxation" laws, Three basic actions are required of Council before a tax rate can be adopted. These actions are `1• " } required if the proposed tax rate is a proposed increase of 31 above the Y' effective tax rater ' (1) Council must have a meeting and take a record vote on the tax increase. S Y ti, "r ,s•. A 7 1 1 Memorandum to Lloyd V. Harrell August 13, 1987 Page 2 of 2. h J2) Council must hold a public hearing on the tax increase and at such meeting the public hearing can be the only item on the agenda, (3) finally, Council must have a meeting to vote on adopting a tax rate. In addition, there are two notice requirements relative to the abovet a' (1) A notice of the public hearing must be at least seven (7) days before the hearing. (2) A nonce of vote on the tax rate must be puAiahed before the 'K. meeting to adopt the rate. The final requirement is that the meeting to adopt the tax rate must be ` held between three to fourteen (3-14) days after tLe public hearing, and r the vote to adopt the tax rate must be held on working weekdays. f`w 3 I r r,' f In order to accommodate these two requirements, 1 have developed the attached 1 , schedules. The entire process takes d minimum of 15 d4ye and a maximum tf 26. I would like to bring tc, your attention, also, that the State law siggests " that the tax rate be adopted on September 1 or as soon efter as practicable. lr~ tiay { If you need any additional information, please advise. S' ay 7 ~ orans 4 1 r 1 s , J ~ JPRfa~n t? .Rr I ~ a'~ 26731 ]Attachment r , f r r rr ~ r , r o ~ N a yj BUDGET AND TAX RATE PROCESS SCHEDULE Adoption of Tax Rate If Adoption of Tax Rate If Different from 591 (not on Council Adoption of Recommended Schedule for Tax Different from 591 (to be September 15 but Prior to 1987-1988 Budget Rate Adoption at 591 Approved on September 15) September 201 Auyust 11 Notice of Public Hearing on budget 18 + TAke record vote on proposed tax increase 24 • . . . • . Notice of public hearing in Denton-Record Chronicle 96 . . Take a record vote On proposed tax increase Notice of public hearing 28 . . , , , , , , , , , , , , , , , , , , , • in Denton Record-Chronicle September Take a record vote 1 Public hearing on proposed tax Increase Public Hearing......... Notice of public hearing in 4• Denton Record-Chronicle 8 , , Public Hearing. Notice Of tax vote in Denton Record-Chronicle 13 1 . • • • • . • • • • • • . . • • • Notice Of tax vote S In Denton Record-Chronicle { Public hearing k, 14 ^ ^7 15 , , Adoption of budget . . . Vote to adopt tax race Vote to adopt tax rate 11,......... Notice of tax vote In Denton 'i Record-Chronlcle Special Council session to 18...•.......,...•.+..........•.... • adopt the tax rate 2613E 08/13/67 h S '{1~'•'~i h..e 1 5 e, 9 .4r, e, i Sad t ! y~4 i % r` 1 DATE: 08/18/87 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of tf.o City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: DISCUSSION- OFT, INANCE FJR TAX ABATEMENT ON INDIVIDUALLY DESIGNATED HISTORIC PROPERTIES RECOMMENDATION: The Planning and Zoning Commission recommended approval of the ordinance by a vote of 3-2 at its meeting of July 22, 1987. The ordinance was unanimously approved by the Historic Landmark Commiesion at its meeting of July 13, 1987. SUMMARY: The ordinance would grant a tax abatement of 75% of the assessed value of individually designated historic sites/structures. The praposed exemption will be applicable for a ten year period. If a f site is removed as a designated site by request or willful destruc- tion by the owner within 25 years of the exemption, the taxes plus 7% annual interest may be recaptured. BACKGROUND: Older historic properties are generally rather expensive to maintain 'y w and the abatement will provide additional funding for upkeep. PROGRAMS DEPARTMENTS OR CROUPS AFFE E Immediately after the first day of January of each year, the Planning and Development Department exist notify the Denton County Appraisal District of all sites that qualify for the exemption that year. A r` person must apply to the Appraisal District to claim the exemption. f . P , S 4( t ` FISCAL IMPACT: ~'w 4 The tax loss to the City based on 75% of the assessed value for this . year would be $90935.00, This amount represents lose than one percent of the City's total tax levy. Respeo lly submits : f r. 1 Propared by: H rre 1 Cit alter Denise 8p ve Urban Planner r` Approved: ~ David Ellison Acting Director for Planning and Development 0583o 1649L F NO. t AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES TO PROVIDE FOR A PARTIAL TAX EXEMPTION FOR DESIGNATED HISTORIC SITES FOR A PERIOD OF TEN YEARSI PROVIDING FOR THE RECAPTURE OF TAXES IN SPECIFIED CASESI AND PROVIDING FOR AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTIN HEREBY ORDAINS: SECTION I. That Chapter 22 of the Code of Ordinances be amended by adding a new Article IV to read as follows: ARTICLE IV. TAX EXEMPTION OF DESIGNATED HISTORIC SITES 22 50. Puc Sec. pose ` This article is enacted for the purpose of encouraging the preservation of individually designated historic sites by pro- viding for a reduction of the city's property tax to qualifying properties. Sec. 22-51. Definitions ;;6{ 'Designated historic site' shall mean any structure, and the land necessary for access to and use of the structure, which is: (a) designated as a Recorded Texas Historical Landmark by the Texas Historical Commission] or (b) individually designated as an 'historic landmark" in accordance with article 28A of Appendix B-Zoning of the Code of Ordinances. For purposes of this article, a "designated historic site" shall not include any structure or land that is a historic landmark solely because of its y i inclusion in an historic district, as provided for in i article 28A. Sec. 22-52. Partial Tax Exemption of Designated Historic Sites (a) Any property which is a designated historic site on the first day of January for any year beginning with 1988 and extending to and including 1997, shall be exempt from real property ad valorem taxes levied by the City of Denton to the extent of seventy-five (751) percent of the assessed a, value of the designated historic site. The exemption provided for herein shall apply for a maximum of ten (10) successive years, beginning with first year the property is entitled to the exemption during the specified years I and continuing and including each and every year of the nine (9) successive years thereafter during which the property is a designated historical site on the first day of January of those nine (9) years. (b) immediately after the first day of January of each year, the Executive Director of Planning and Community Develop- sent shall notify the chief appraiser of the Denton County 1 Appraisal District of all designated historical sites that qualify for the tax exemption for that year. To receive 1 the exemption provided herein, a person claiming the exemption must apply for the exemption by filing an application form with the chief appraiser of the Denton County Appraisal District as provided for by state law. Sec. 22-53. Recapture of Taxes (a) If any designated historic site is, within twenty-five (25) years from any year in which the property Leceived a tax exemption under this article: 1) removed as a designated historic site by ordinance, upon the request of the owner; or 2) removed as a designated historic site by ordinance, after it has been determined to have been totally or partially destroyed or altered by the willful or negligent act of the owner or the owner's agent, in violation of article 28A; F an additional tax is imposed, on the effective date of the ordinance providing for its removal as a designated historic site, equal to the difference between the City taxes imposed for each year an exemption was made under this article, and the taxes that would have been imposed had the exemption not been made, plus interest on the additional amount at an annual rate of seven (7t) per- cent, calculated from the dates on which the additional taxes would have become due if not exempted. R ~ I (b) If, in providing for the removal of a property as a y designated historic site because of its being partially or totally destroyed or altered, as provided above, the City Council, after receiving the determination of the Historic Landmark Commission and Planning and zoning Commission, determines, after public hearing for which the owner shall be given notice, that the property was totally or partially destroyed or altered by the willful =1 or negligent act of the owner or his representative, in violation of the historic preservauion ordinance, the ' additional tax provided for this section shall be imposed. PACE 2 I (c) A tax lien attaches to the property on the date it is re- moved as a designated historic site, to secure payment of the additional tax and interest imposed by this section. The lien exists in favor of the City of Denton for which the additional tax is imposed. (d) The City tax collector shall notify the chief appraiser of the additional tax imposed and shall prepare and deliver a statement to the owner for the additional taxes plus interest as soon as practicable after removal of the property as a designated historic site. The taxes and I interest are due and become delinquent and incur penalties and interest as provided by law for ad valorem taxes imposed by the City if not paid before the first day of February of the year following the year in which the j additional tax is imposed, SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any f court of competent jurisdiction, such holding shall not affect r a the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. 4 '4, l 1 „I a L; SECTION III. That this ordinance shall become effective .A` ^i immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1987. .r Rr- Y ' } ~RAY STEPHCNS, MAYOR ATTEST: JENNIFER WALTER, CITY SECRETARY APPR04ZD AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 9Y: a ;t PAGE 3 ' F n y L~ DgNTON, TOUS 70201 CITY of DENTON 'I MEMORANDUM ' j i ' r .f" DATE: August 18, 1987 TO: Denton City Council FROM; Denise Spivey, Urban Planner SUBJECT: PROPOSED TAX ABATEMENT ORDINANCE ° On July 13, 1987, the Historic Landmark Commission approved a ht~r tar abatement for individually designated historic properties. { ` •t•: The Planning and Zoning Commission recommended approval of the + proposed abatement at its meeting of July 22, 1987. The mayor features of the proposed ordinance are as followsi 1) The abatement would apply to individually designated historic site/structures. There are currently thirty x t (30) of these sites/structures in the City of Denton. 2) The ordinance would exempt from real property ad 7 " valorem taxes 75% of the assesead value of the designated structure/sits. The cost to the City for this year would be ;9,935.00. This amount represents less than one percent of the City's total tax levy. ~l 3) The exemption shall apply for a maximum of ten (10) +A P + successive years. { ;r 4) It any designated site which received an exemption under this ordinance is removed as a designated site by request or the willful or negligent act of the owner within twenty-five (25) years of the exemption, the taxes glue seven (7) percent interest may be recaptured. r ly • i 2'~+~~'~N4 NN4Cr1W..Lnid a.a..n .a t N~. y. Denton City Council August 18, 1987 Page 2 5) immediately after the first day of January of each year, the Planning and Development Department must notify the Denton Central Appraisal District of all sites that qualify for the exemption that year. A property owner must apply to the Appraisal District to claim the exemption. The purpose of the ordinance is to provide additional funding for upkeep of older historic properties which are generally y rather expensive to maintain. , &tul AA" Denise Sp ve od i' M 05840 T yLy~F; y ,~Ay r i Fr Y ,i ~ I bl .~J + I r ~4 1 f ~ J~r I 411.. t M ~~r pt 4 er ^~N At ~ ry nl K*x ~i trn YL pry Py~ r':i I 6 1 r Mfr ~'•~iY 4` 1 I [p~ aka 1 ♦ ,W,Jf1, I LI }J~pl ~ LRI%r . 1 1 a i Ilr° y 41 J1. c i t Y1 .~1r i e r t `I } ~ ~ t ~ .m. _ ..c..:... ,.'xs41M. «r w.:... .....:..p..~.,.; Mlrn:n. tiw.iy r j 1 PROPERTIES WITH HISTORIC LANDMARK ZONING DESIGNATION t t f H- 1 123 North Elm (Boyd) 1 H- 4 607 Pearl (Biggs) H- 5 609 West Oak (Lavender) E H- 6 722 West Oak (Montgomery 6 Favors) H- 7 7U5 West Oak (Smith 6 Stuckenbruck) H- 8 811 West Oak (Vann) tl- 9 723 West Oak (Lomax 6 Carpenter) H-10 812 West Oak (barker) H-11 IU03 West Uak (Sininger) H-12 1023 West Oak (Cummings)' k' H-13 1015 West Oak (Sale) H-14 61U West Oak (Swanson) H-15 1619 Bell (Craay) H-16 818 West Oak (Barksdale) H-17 819 West Oak (Rich) H-18 101-103 North Elm (Davidge) H-19 119 West Hickory (Ellington's) t` H-21 21U North Locust - Old Post Office (HLC) H-22 Oakwood Cemetery (HLC) N H-23 1314 North Locust (Fickey) H-24 Courthouse on the Square (HLC) 1 H-25 7,21 North Elm (Old City Hall) (HLC) 3, •j H-26 1555 Lindsey (Richardson) H-27 703 Bolivar (Taylor) + y qN, H-28 619 Grove (Woolsey) H-29 SE cor bell & Hickory (Old Warehouse) (GDAC) _ ;k H-30 SW cor Bell 6 Hickory (Old Diesel P.P.) (GDAC) H-33 X33 East Oak (Bly) H-35 8US Bolivar (Bradley) K H-36 928 West Hickory (Kimmey) e, J •F r uF 5/11/67 iw ab :~pypw,~t rY,x, 1 R SAN AWicj;=t Au;rtu fkak,c SlrlKllA tAU-s ABItI[tVf, DA4ks ('tt~t15TA6t Ak 111'. tkF {Irr Frll,r {+,w„I~r Iv.1,it. kltl( lft rl. /.n. Au T, 1;cUI11 l'JWf tt VrfilttUte to ft, la,r'I t„ t.. t::.;•^r' Utecd tir01, M I•r.- t,,a Ierrlt at,.•v..l{• r~+•r. utu ;rr YIt YAUYe , 5rrln ri Gb'r`u{'r., ur'LI. 41n,'c Ilea - ,Jlur tYlurl It l It1wf tt jun et Iu % Ic :rl Jc4,0 t., It. Yt,f Icha;•, Yutuc, Af, At (404 Wr t.11 r, aP-: 1eb U. .4'(, iln,nl tl n}r 4~ (rfLrt .~~ud al,-d J:r r~ h•'.rt'•• PUin ~tl al,a• I,j ra~tl tllllt4/if!_. (r rf l..• rill!. kc ar i. b.:n ht n'r,k.• A Y Ltt (t r' ,jt ryt I f A'•'rv,n~ 2rt tr {t+ rol. (tcr. (grltd t( Skvt 1Lw1 ' Yi,lur• ,l5'•(c (tY tr At`rr rt 4( lull IQ( kC+ Vt nl{c 4klGn It • 4,.t:t itt r.tt. L It 1. 1•,:; 0 .11 f .,AUttb Pcrnm[urAL ' Pretcn td ualut t.;c>F tr'ir f rr.rF Ism qtr rc Iu. Irllulku,~ r,l tt. b.tl td LM It ftbkr CJIC n. I,. i't it pr ttl cJ a(iC, r. rtft N AS'•r v.t rl U1,, rl'r Or t"nturtS 9tStabritAl ftrrcd. 04 kcn kucdrs. [,rll.t I( Id 1lQt 1.. 1,vr)t'.k rr(It,, It L V. llnl•IeetnlenQS 4ilr~lis Isf doy o4 RI k1 •.1 it r1jittr1f {tr Frept rwt lirstt~ - ISr l~f.ar tlik! tit, Lfr fach U'.,t SSIY,e AE LIIWA U n) t MA", fn 10- rhtte Al [tor s [!I oM ~e nr C'l1L llta Pfs,as, t( tar irterr JAW ttetfk Canon. ! ptrknaett . Tnr {mete et~i~ v Ari ttr r Ont A9AlErtt►,r kxI feu' I o+ ruck, flu k„k eltul t1 Iv-n~ tni+~ uhsf(+cn' CA YZ,t4 ! disk. t TA, f lrkakll.4rHa ly[ Ak CtrTl,trtlal Ion I~ ita +mt litetc l k'sk,.r 1Ax F.tr.l m r. Sfh! ~tyJ 1f Si111,I 1(lU t~ 'ltft + e.+~ i rt,url~ .ny, t l.ere lt - ` lcd '15,t1 tluu. S(:Ilttn~iAZ Aye ~ rl Cnu etkal P Hra Dfk r 5 .de r~r JtC At Il~nktnl tJ fCfxln Ala,kal ItIIt 'n al urtr Ilturlbrll Pb ftrru Gnia (;:.r al f tw,t li r.L ti fl' fort.{e .all It 4C&A. tl 1( MI{tR1 {iejtl t4(' uYparr tllftril ive tsl't ;ltttR v~ r f1l' rrL~~ li~ • •IApn,.r. •hM,,. art:, r kk'{• cJt[lIuk fLl, lre l0. 15 S L,(d1 Ir Rbrnrciro t: to f4u5k Omc YO 44 Itl rf p 1N r.t tal ` h T tfttt,l qtr{r, c•t o!'nv rtdutku, k r Atbilt tr•L k-frMS(tr of to:old r iv tN1 Skkl r[[tewe liLlr vtklr t'Itlce•,tttll rAU+t rulr}ker eAr1ti+siYtr,b~ Ise( C~ Ft 00fkurlkrflGtecr,Ytu0r rlu<hcW 14 it S:. {br rerLLtkc., CCA, two*}P11+,.•!Ar AYCtIIYW .WMNNN'./Y'"NM1Y MIII.i t ,tMnpNRNVYAi.'.•~~••.•_"' - ^.w ne.....vJM.'.Y✓,.t'M.a..V.r~w.:ei..bM'YAMMW'O~wesM.~WM>•'+'r+~IyKgM}/IM 1 t . HLC Minutes July 13, 1987 Page S Mr. Morns said no. the amount of the penalty is $100.00 i per day.. Mr. Hayes said that the amount should be more severe for properties with a historic designation. i Mr. Morris said the ordinance could be amended to allow for penalties of up to $1,000 o day. Mr. Lowr said that the original ordinance cannot be amended because (t is on file with the Secretary of the Interior. Penalties for violations in the Historic District can be changed, however. V. Frogress Report tin Guidelines for Oak-Hickory Historic District Mr Hayes rep i orted that the subcommittee decided that the gudeltnes t.ey have developed should apply to all historic properties. The sub-con ittee developed two draft ordinances. One is for the Oak•Hickery Historic District and the other is for properties with historic designation In general. ' Mr. Hayes presented the Commission with copies of the draft ordinances and discussed them with the Commission. Mr. Cochran stated that he is preparing the section on landscaping and will present it to the Commission soon. Ms. Shelton asked if any of the new guidelines will cause problems for the people in the Oak-Hickory District. f Mr. Lowry stated that existing conditions will be grand- fathered in. The guidellaea will apply to changes or additions to the district. Mr. Haye! stated that terms used in the draft ordinance t u are defined in other City ordinances such as the Denton i, ` y Zoning Ordinance and therefore were not defined in the draft ordinance. ` Mr. Lowry moved that the Commission have a study session to discuss the draft ordinances on July 17 1987. Seconded by r Mr. Fickey and unanimously carried (6.0). VI. Election of Chairperson and Vice- Chairperson of historic a y Landmark Commission ` Mr. Cochran advised that he has been Chairperson of the Commission for the last two years, he opened the floor for nominations. " Mr. Fickey nominated Mike Cochran as Chairperson. Seconded by Ms. Shelton and unahlaousiy carried (S•U). Mr. Fickey nominated Tom hiller as Vice-Chairperson. l 6 Seconded by Mr. Harker and unanimously carried (6.0). w r V11. uid Business A. Mr. Lowry moved to remove the proposed abatement ordinance From the table. Seconded by Mr. Fickey and unanimously carried (6.0). Mr. Hayes sold that the ordinance should become effective in 1988 instead of 1987. The ordinance also needs to have a clause added which would give any property designated after January 1988 a ten year abatement beginning the January after its designation. ~ i Mr. Cochran asked Mr, Morris to refresh his memory as to why appraisal values cannot be frozen. ' m~ , HLC Minutes JI'ly 15, 1987 Pave b Mr. Morris stated that the City tax code allows for exemptions to be made on appraLsed value but the Appraisal District sets the value and the City cannot change it. Ms. Spivey stated that based on the latest figures from the Finance l,epartmeat, the tax abatement will cost the City $9,938 under current tax roll. On question, she stated that considering the City's current financial I situation, approving the abatement may be a problem. the Council must vote on the budget by October 1, 1987. i Mr. Hayes stated that the abatement ordinance is the single most important thing that will encourage people to reno.ate historic structures. Ms. Shelton asked if the City's fiscal year and the tax year are the same. Mr. Morris replied that the City's fiscal year ends on September 30. the tax year begins on January 1. ~k Mr. Lowry moved to recommend adoption of the tax abatement ordinance with an amendment providing for a ten year abate- ment for all properties designated as historic after the ordinance 1s put into effect, each newly eligible property to receive the abatement begQinning January 1 of the tax year following its designatSon. Mr. Morris commented that trying to keep up with when each property began its ten year abatement period could become a recordkeeping problem. He explained that the proposed ordinance, as currently written, provides that any prop- erty which qualifies on January 1, 1988 gets abatement for ten years; however, a newly eligible property in January 1992, for example, would receive only a six year abatement. He added that the City Council has the option of extending the ordinance every ten years, or it can amend or rescind the ordinance at any time. a. Mr. Hahes stated that the Commission feels the entire ten how r to get atement should apl to Council s agenda~sked the ordinance on the a City properties. Ms. Spivey advised that after the Mal department amends the ordinance in accordance with Landmark Commission's recommendation, it will be scheduled for Planning and u toning Commission recommendation, then presented to the City Council for adoption. Motion was seconded by Mr. Fickey and unanimously carried ` Mr. Hayes moved that the proposed tax abatement ordinance, as mended, be scheduled for the next Planning and Zoning Commission a ends. Seconded by M:. Shelton and unanimously carried (6•U1. b. Ms. Shelton asked if House Bill 1697 has passed. Mr. Lowry stated that it was ametded and approved. He said that he is trying to get a copy of the approved bill to see what changes were aide. 'there Ls another bill in the house that pro 05113 to do away with certain agencies s not reach ha Texas rged s the Commission to s protest that bill by cot acting their state Representa- tives and Senators. Motion to adjourn was made by Mr. Fickey, seconded by Mr. Hayes, ana unanimously carried (6.0) at 6:1S p.m. , p 8 Z Minutes July 22, 19k7 Page 2 Ss. liker owntown. area CedMseCNalle[rsaidvthat[thiscisna pr blew to bee, be d discussed by the project manager. ,She Tiaid 'At it n area only but nice to have the dntown area a p. tudies have shownowthat downtown areas die it this is donee s ock a Mr. blAscl nd ahesstatedsthataoncettha main Street programrgetsestartedrd everyone gets involved. self' Ms %aller stated that the t:Sty of Denton hSas uto be illation. Initiated project because the City is tier ,uuu pop She said that the only dikterence hetw'ekorsahe init r.gdsndd official is that the former hasto&I ram sends a resource j architect. The State in the oftlcl prop team to do a study of the Lity. am. l Mr. Claiborne asked about the paybacks of tnls progr . Waller stated that there ahavet been i reinvested sdowntown ( said that so far $ssemillion downtown in a and 80l new businesses have been p iced in the Texas Alone, She enema head their project efor ithree tyearstand She said that they have had 28 buildinis renovated, 19 new in three years they roxlmately i5• million. businesses, and rlinvestrent is a►s economically and She said that she believed this Project aesthetically feasible. Adall Carstarphen stated that this is a broad based community prosaic and success is c[nteCCeondPe"is i nterestedtfrom the p 1 Standpoint this is a good a standpoint that the project deals with architecture. Mr. Claiborne stated that from i lajm ortantrtolthevLLtyeof tevitalltation of downtown is vaem jai thi s detinite benefits arO Denton. Me said that this eng le wil elcowant to move into the 'R t•e feels ros eet e so that vpeopnough nom ica lly bleak to Hove on the p ) downtown area. sa• brock stated that downtown raEn`a~uyaeiandithe MalnrStreet priority of the proposed L0 evelop the goals outlined by the Program fits very well Into the overall Land Use Ylanning Committee for the ttty• osed ,;r, Glasscock moved to recommend apPt val of the prop belf•Inltla[e0 main Street Progra,a• Seconded by Ms. Brock e and motion unanimously carried l5•u)• r 111.+EuuP`10~ uFtonpk'DINAHCOrOa`~ Dartua Mtaa k exempt F On hb or uL~F'na Eor j,'D tovidi ng L!d Historic sites for a period of t!h ylafSi D roriding for pro the recapture of taxes in specified cases; and a yt•>, an effective date. j•=1CAFE RLYUI : ids. Spivey stated that this ordinances oulprop• t! p,rmtt t e exemption of taxes of historically designted erties only. She said at this time there jre 52 properties tLut are designated historic. She sold that this Ordinance 7S rcet tax aba tc y, wculdr s provide taxesPplusn7 percenttinterest Canpba recap tau ye a willful or negligent acted if the structure is destroyed by rk status is ttroenmoved at act of the owner or ea hitor1c landma in p formation an time within 25 years O of granting of the exam . She said that the total amount under current tuxing t at AlIj UOIJld be $9,915 for the Current would added ttattneiMlseccict be Sas% than l per Landmark Commission has recommended apprival of this tat abatement ordinance. r; a t l i w. , P 6 Z hir:tcs July Z7, 1967 page 3 Ms. Brock asked if similar ordinances In other cities have stimulated Interest in preservation, Ms. Spivey stated that It allows some extra money for maintenance and does encourage preservation of existing landmarks and gives an incentive for those who have historic homes to obtain historic dc,ignatioh. Ms. Brock asked if a property that received historic designs- .Ion after the ordinance was in effect would receive a full ten year abatemeat. Ms, S Ivey statod that the historic Landmark Commission felt that everyone should receive a ten year abatement no matter when they received historic designs- tion. Mr. Morris advised that the landowner would receive a ten year abatement from the time the historic designation went into effect. Ms. Cole said she felt that the historic district ordinance f provided for the maintenance of the property. As. Spivey y stated that the tint abatement ordinance would provide extra I money to keep maintenance ongoing or to do something extra that normally would not be done. Ms. Klker asked what would prevent a person from buying an older home Just to keep from paying taxes. Ms. Spivey stated that the objective of the ordinance is to encourage preserva- tion of historic properties but the cast of maintenance would make that possibility unllkely. Mike Cochran, Chairman of the Historic Landm..rk Commission, stated that when the Commission originally voted on the ordi- nance it provided for a lU year abatement for everyone. He added that this is a symbolic gesture to promote upkeep of historic property. He said that thtu percentage is very small that someone would purchase an old home Jus[ to escape taxes. He said that old homes are costly to maintain but he feels trial they are offering something for the public good, he said as a home aw"fer and on behalf of the Commission he urges approval. Mr. Claiborne asked out of the 51 structures how many are new t homeowners. Mr. Cochran said that he was not sure but twat at least 75 percent of the Acmes have been owned by the same people for over five years, Mr. Claiborne asked if the homes are assessed at current ` market value. Mr. Cochra., said yes. II Ms. Brock stated that there is a great deal of sacritlce on 1 the part of the homeowners to preserve these old homes, She sold that those opposed to the historic district pointed out that it is not economically feasible to live In the old homes, ' She said that these old homes are not just the property of the owners that a source of value to everyone because they are a visible reminder of our history. She added that she felt this ordinance very appropriate. J Mr. Glasscock agreed with Ms. brook. y ms. btock moved to recommend a proval of the tax abatement j ordinance. Seconded by Ms. Cole. Ms. Kiker stated that she is very much in favor of preserving a part of the town's history. s • Mr. Claiborne stated that he favors historic preservation, ~ the historic district, and historic designations around the city but has a problem with the 7S percent abatement, he Sala that the City is investing money in hickory and Uak streets and the Besutiiicatlon Task Force recommendation is to extend underground utilities in the uak•hickory District and perhaps a SU percent abatement would be more sq " c'cle, because of r, City dollars that will be Invested in tthh i 1 toomommoodw P 6 i Minutes July 22, 1987 Page 4 Ms. Brock stated that underground utilities would enhance the value of, the homes but repaving would mean trattic and this reflects more of a tratflc Improvement than an Investment in the area. Tote was called and motion carried (3.2). Mr. Claiborne and MS_ Kiker voted no. 1V. SET A DATE 1 ME AND PLACE FOR A STUDY SESSION to consider creTM, g a m1oderate no a at Lo ors o ou evtr and Lakerlew Boulevard STAFF REYURI: Ms. Carson stated that In conjunction with the L ti'iTtsting policy of having study sessions when a peti- tioner has provided information that would create a moderate node or would change intensity, the stiff added this item to the agenda. She said that at the current time the petitioner in the Soplthview Project is proposing the creation of a moiler- ate node at lake view Boulevard and Colorado Boulevard and has provided some additional information that vas not available during the last consideration of this item. She said that it is up to the Commission to decide on a study session since it has only been a few months since ■ recommendation was made to not have a moderate node at this site. She said that stat t is nearing completion of the review of Lakeview and Southview. j All commission members present agreed on a study session after the regular meeting on August 11th. r Y. ELECTION Ot LHAIkPEkS0N AND YICE-LHAIRPERSON of Planning and ' Zoning Commission < t Ms. Cole moved to postpone the election until all members of v,• ' the Commission are present. Seconded by Ms. Brock And motion Lnanimously carrle6 (S-U). YI. STUDY SESSION TO UPDATE POLICIES AND PkUCEDURES of Planning an zoning Comm ss on Commissioners reviewed the current policies of the Planning and goning Commission. Mr. Morris stated that items l-[Y have ~a been adopted as ordinances of the City of Denton and should be deleted from policies. Commissioners agreed. All Commis- sioners present sukgested that a special study session be held on conflict of interest. x 1 Commissioners reviewed the current procedures for public hearings, x 1 ! Mr. Ulasscock moved that item be changed to read "The Chair o ens the ubllc hearin Tne Urban Planner reads the pett- m p p pp ti on and gives the statf report". Seconded by As. Cole and unanimously a rried LS-U). It was moved by Ms. Cole, seconded by hr. Ulasscock, and unanimously carried (S-u) that the procedures for public hearings for :oning cases and rorIances and replats be r incorporated into one transparency, as ioll-ws: A. the Chair opens the public hearing. The Urban Planner reads the petition and gives the staff report. B. An opportunity is given for questions of clarification v from the audience. C. Petitioner presents his request. ]he petitioner is granted ten (UU) minutes to speak. D. Other persons In favor of the request are each granted five tS) minutes to speak. ~ a y'♦ f 1 1i S City Council Minutes TTT ll// July 7, 1987 The council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None 1. Lloyd Harrell, City Manager, presented the major r budget policies contained within the proposed 1987-88 budget. Lloyd Harrell, City Manager, stated that this stage of the yearly budget process was to inform the Council of the major policy issues a month before the proposed annual budget would formally be submitted to Council. This would allow the Council to have an active part In the important decisions of the City budget. There would also be time to make changes before the formal budget was submitted. There were three main parts of the report on the proposed 1987-88 budget: M eleven major issues, (2)breakdown of general fund by revenues and expenditures, and (3)a synopsis of what the administrative staff reviewed when they put together the budget. The first section of the budget was discussed at that time. M;. This year's budget was the leanest that had been seen in a number of years. It was difficult to prepare and difficult to present different alternatives. It was 3 tight line item budget. Budgets had been sent back to the departments twice asking for farther reduction packages and there were no new programs that were identified as being offered for the first time to citizens. Also, the City had traditionally offered an annual pay adjustment to employees. This was not being proposed for the next fiscal year. The positive note was that there were no massive lay-offs of employees. In sorting priorities, the position was taken that i operations are shorthanded and the positions were needed to accommodate the growth. It would not be worthwhile to lay-off people and then have to hire new people and try to retrain them, Lloyd Harrell, City Manager, then went into detail in ppresenting the eleven major issues affecting the general fund. Thev were as followed: general fund reserve level; revenues including sales tax and development, property tax, and other areas such as ambulance fees, fire inspectiu^ and alarm fees, and police fines; new fire station; Flow Memorial Hospital; new positions; salary adjustments; benefits adjustments; other agency contributions; downtown development; fire department reductions; and service level reductions. f tw I City Council Minutes July 7, 1987 Page 2 i The Council decided to finish the presentation concerning the budget immediately following the regular session in the Council Chambers, Items 2 and 3 on the worksession agenda were moved to be discussed after the regular session in the Council Chambers. i The Council then convened into the regular meeting at 7;00 p.m. } in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None j Mayor Stephens opened the session by presenting a proclamation to Ms, Ruby Cole for the Fred Douglas and Fred Moore School ' Reunion which allowed students from ail classes to assemble at 'o one time and place and renew old acquaintances and, as the primary, purpose of the reunion, establish the Alice Alexaade.r and C. Collins scholarship fund to help further the education r j of students whose roots were in Fred Douglas and Fred Moore FN 1 schools. July 17 - 190 1987, were proclaimed as Fred Dougiss f and Fred Moore Days. Ms. Ruby Cole received the proclamation on behalf of the Fred «4, Douglas and Fred Moore Reunion Committee. Everyone was invited i to the reunion, 1. Consent Agenda McAdams motion, Gorton second to approve the Consent Agenda as shown. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #9757 - Phoenix Apartments Phase 11 2. Purchase Order #77317 - General Electric Supply - $11,837.11 ` 2. Ordinances , A, The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. a i The following ordinance was considered; l I - City Council Minutes July 7, 1987 Page 3 NO. 87-117 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THERErOR; AND PROVIDING FOR AN EFFECTIVE DATE, McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered 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, f The following ordinance was considered: NO. 87-118 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE, McAdams motion, Gorton second to adopt the ordinance. On roll +,a vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton ri n ri n aye, Ayer aye," Boyd uaye, and Mayor Stephens "aye." Motion carried unanimously. !k C. The Council considered adoption of an ordinance F and service plan instituting annexation of 212.12 acres being Ya art of the I. Coy Survey, Abstract No. 212; J. Ayers Survey, +A Abstract No. 2; B. Burleson Survey, Abstract No. N. Coker Survey, Abstract No. 249; and the R. Johnson Survey, Abstract s No. 666. (A-46) s r~ r } 9~'.~ 'Lloyd Harrell, City Manager, stated that the action taken by yet i the Council would institute the annexation and final action would not be taken until August 18. If any adjustments needed to be made, there was time to institute that action. Vy + k N i . City Council Minutes July 7, 1987 Page 4 t Cecile Carson; Urban Planner, stated that by state law there were 90 days to act upon this item. By charter, there must be at least 30 days before any action could occur. Therefore, August 18 was the scheduled date for the completion of the annexation. The annexation took the City limits to the northernmost point of Denton which was approximately 3000 feet south of the city limits of Sanger. This was more than one-half mile from Sanger which was Sanger's extra-territorial jurisdiction line. Lloyd Harrell, City Manager, stated that he had received a call from the city manager of Sanger indicating that there may have been an ordinance passed by their city in 1977 which extended their boundary line to a point which might make this boundary line closer than 1/2 mile to their city limits. There would be further discussion with Sanger City officials during the next a week to further determine the answer to this question. There was still an opportunity for Council to change this prior to final action if Council desired, Mayor Stephens asked how far the extension of Sanger's ETJ would be. ' Ms, Carson said she had checked with Roger Wilkinson, Right-of-Way Agent, that same afternoon and compared the 1977 ordinance provided by the Sanger City Manager. The boundary was 3000 feet from the Sanger City limits which was 400 to 500 feet farther than Sanger's extra-territorial jurisdiction. This was more than one-half mile and was verified with Sanger's ciY ordinance and right-of-way maps for I3S. ±Jim Alexander, Council Member, stated that there were citizens f" from Sanger in the Council chambers who might want a chance to speak. Jerry Jenkins, Council Member, City of Sanger, stated that they had been aware of the annexation for several months. He stated that Sanger had always had a good working relationship with the City of Denton and wanted the relationship to continue. Mr. Jenkins stated that they had extended their ETJ by petition and understand that the City of Denton had gone to the farthest limits of their ETJ. He offered to help in any way possible. The following ordinance was considered: , City Council Minutes July 7, 1987 Page 5 NO. 87-119 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 212.12 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE I. COY SURVEY, ABSTRACT NO. 2129 J. AYERS SURVEY, ABSTRACT NO. 20 W. BURLESON SURVEY, ABSTRACT NO. 93, B. BURLESON SURVEY, ABSTRACT NO. 2490 ANL THE R. JOHNSON SURVEY, ABSTRACT NO. 666, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE, McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "ayeAyer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously r ar D. The Council considered adoption of an ordinance and service plan annexing 69.1694 acres being part of the S. ' Venter Survey, Abstract No. 1315; C. Chacon Survey, Abstract j y4~, No. 298; J. Baker Survey, Abstract No. 47; J, Dickson Survey, r. Abstract No. 341; and the A. Cannon Survey, Abstract No. 232, and located adjacent and south of FM 2181 and east of Old Alton Road, (A-48) Cecile Carson, Urban Planner, stated that this was an ordinance that would annex, as final action, the tract of land along a 2181. One tract was currently under construction for Skyfab ' Development. There were service plans available. Immediately upon annexation, the City would be responsible for providing those services to the property wlthin that area. The following ordinance was considered: NO. 87- ' AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND E ADJACENT TO THE CITY OF DENTON$ TEXAS; BEING ALL THAT LOT TRACT OR PARCEL OF LAND CONSISTING OF r, APPROXIMATELY 69.1694 ACRES OF LAND LYING AND BEING ' SI IN OF Np STATE OF TEXAS AND a4_ I BEINGTPART OFHTHECS. VENTERDSURVEY, ABSTRACT NO. 131St I C. CHACON SURVEY, ABSTPACT NO. 2980 J. BAKER SURVEY, ABSTRACT NO. 47 J. DIGKSON SURVEY ABSTRACT N0. 342 AND THE A. CANkN SURVEY, ABSTRACT NO. 232, DENTOh COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. f City Council Minutes July 7, 1987 Page 6 vorton motion; McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton 'Jaye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Cot.ncil considere4 adoption of an ordinance setting a date, time and place for public hearings for proposed annexation of 73.334 acres of land being part of the M. Forrest Survey, Abstract No. 417. (A-43) Lloyd Harrell, City Manager, stated that items E, F, and G were E all related and requested that staff brief the Council on all °I three items. These were all voluntary annexation requests done by the Lakeview Developers. Mr. Harrell asked Cecile Carson, Urban Planner, to provide background information, Ms. Carson stated that these were all Involved with the a' Lakeview and Southview projects and must be completed prior to any action on zoning by the Council on the amendment and roposed zoning of Lakeview. The dates which staff selected t, for public hearings were the next two meetings, July 21 and r' August 4. If those dates were approved for public hearings, a FA `special called meeting would be required on August 2S in order to institute annexation. This was necessary because one 1 requirement was to have Instituting no later than forty days nor earlier than twenty days from the public hearings. Staff did not anticipate any problems with the annexations. Two of 1 the annexations were small parcels and A-43 was a large tract of property which was acquired by Miller of Texas Incorporated li4 ; for inclusion in Lakeview, 1;Jy~'+ EF, { The following ordinance was considered: 1C4Pr st i, , a:t NO. 87-120 j AN ORL&NANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN w 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. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams '"aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously, F. The Council considered adoption of an ordinance setting a date, time and place for public hearings for proposed annexation of,822 acres of land being part of the M. Forrest Survey, Abstract No. 417. (A•4/) fr ;z o r ' i City Council Minutes July 7, 1987 Page 7 The following ordinance was considered: NO. 87-121 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 f DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance setting a date, time and place for public hearings for proposed b~ annexation of 1.834 acres of land being part of Vie G. Walker Survey, Abstract No. 1330, (A-45) t The following ordinance was considered: a' r NOS 87-121 AN ORDINANCE SETTING A DATE, TIME AND PLACY FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN i 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, K Adams motion, Alexander second to adopt the ordinance. On rcll vote, McAdams "aye " Alexander "aye," Hopkins "a e," "aye ~ ~u n Gorton , Ayer aye, Boyd tiaye, and Mayor Stephens "a;,e." Motion carried unanimously, H, The Council considered adoption of an ordinance ameoding Section 10 1/1-19 of Article V of Chapter 10 1/11 11tod Damage Prevention", of the Code of Ordinances of the City of Denton, Texas and to provide for Federal Emergency Mana,!ement Agency guidelines for areas of shallow flooding. ? Rick Svehla, Deputy City Manager, stated that FEMA wanted some r wording changes In the City's ordinance. The original ordinance was patterned after FEMA's ordinance. Howwer, they r, , a requested certain changes so staff had complied with their request. The following ordinance was considered: p! ' r i b City Council Minutes July 7, 1987 Page 8 NO. 87-123 AN ORDINANCE AMENDING SECTION 10 1/1-19 OF ARTICLE V OF CHAPTER 10 1129 "FLOOD DAMAGE PREVENTION", OF THE CODE OF ORDINANCES CF THE CITY OF DENTON,•TEXAS; TO PROVIDE FOR FEDERAL EMERGENCY MANAGEMENT AGENCY GUIDELINES FOR AREAS OF SHALLOW FLOODING; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND IROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. ' McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "ay-," Alexander "aye," Hopkins "a e," Gorton "aye," Ayer "aye;" Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance approving an agreement with Freese and Nichols for Improvements at the Wastewater Treatment Plant. Bob Nelson, Executive Director for Utilities, stated that renovations had been included in CIP planning for the past several years for the older section of the wastewater treatment plant. This was an engineering contract to Fredze and Nichols in the amount of $37,500 for those renovations. The overall .ost was anticipated to be approximately $300,000. The Utility Board had reviewed this and recommended apprtv•l. Council Member Jim Alexander asked for a further description of `i the project, Mr. Nelson explained that the old section of the wastewater treatment was over twenty years old. Some of the parts were deteriorating. These needed to be redesigned and replaced with I new technology. There were also new parts required by state. t Mayor Stephens asked if this was all budgeted. t'. Mr. Nelson replied that it was in the 1988 Capital Improvement Plan. The following ordinance was considered: NO. 87-114 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE G NICHOLS FOR IMPROVEMENTS AT THE CITY OF DENTON WASTEWATER TREATMENT PLANT; AND PROVIDING AN EFFECTIVE DATE. City Council Minutes July 7, 1981 Page 9 Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "ayeHopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. J. The Council considered adoption of an ordinance approving a contract for consulting services for Closed Loop System - Carroll and University. j Lloyd Harrell, City Manager, stated that this moved forward IT, implementing one of the major items which received voter approval in the Capital Improvement Plan. This would help the traffic flow around Denton by synchronizing traffic signals. Rick Svehla, Deputy City Manager, stated that the contract was for the engineering services that would be provided by Mr. Steve Hooffner. It would insure the appropriate designs and tie-ins for all the signals and timing sequences that would be appropriate for the movement of traffic on Carroll and University. Mr. Hoeffner's firm had installed four systems very similar to Denton's and two were exactly the same. This x s; firm was chosen out of a large number of firms. This firm had met or exceeded all of the deadlines so far, The following ordinance was approved, f NO, 87-125 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY ?f OF DENTON AND TRAFFIC ENGINEERING CONSULTANTS, INC. FOR ENGINEERING SERVICES; AND PROVIDING AN EFFECTIVE DATE, Gorton motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton " "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." { Motion carried unanimously. w 4. Resolutions A. The Council considered approval of a resolution supporting the creation of an enhanced 911 emergency district. Jim Alexander, Council Member, asked for the support of 911. It was in Denton County's best interest to get this system. I 1 -4 City Council Minutes July 7, 1987 Page 10 Jim Jenkins,' Council Member of Sanger, worked with Jim Alexander on the 931 Committee for Denton County. Mr. Jenkins stated that this was the best and most modern system that could be implemented at this time. The cost to the citizens would be approximately $.28 per month added to their phone bill. It was important to get this passed before September because a state bill going into effect at that time would eliminate the Denton County District and put it under the mandated statewide district. Jim Alexander, Council Member, added that the cost factor would be significantly greater after September 1. Mr. Jenkins stated that it would go up to approximately $.SO per month after September, Mayor Stephens asked if the committee had worked on a campaign to get the voters out. * Mr. Jenkins stated that several letters had been sent. Also, a member of the present board of directors attended the 911 convention In Houston to receive updates on ways to get this information out to the voters. A 911 election has never failed. RESOLUTION NO. R87-042 A RESOLUTION SUPPORTING THE CREATION OF AN ENHANCED 911 EMERGENCY DISTRICT AND DECLARING AN EFFECTIVE DATE, E Boyd motion, Alexander second to approve roll vote, McAdams "aye," Alexaneaye,1C Hopklins on"a e0n Gorton "aye," Ayer "aye," Boyd "ayeand Mayor Stephens aye• Motion carried unanimously. B. Consider a pproval of a resolution appointing Ray Stephens to the Board of Directors of the Texas Municipal Power Agency. P,• ~ i The following resolution was considered: RESOLUTION NO, R87-043 ~I A RESOLUTION APPOINTING RAY STEPHENS TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE, Iy, McAdams motion, Alexander second to approve the resolution, roll vote, McAdams "aye," Alexander "aye," y On e 11 Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Hopkins Stephe ns "aye," Motion carried unanimously. C, Consider approval of a resolution appointing members to the CIP 191 committee, f City Council Minutes July 7, 1987 Page it Hugh Ayer, Council Member, stated that Reverend Bill Crouch and Robert Donsbach would be appointed to fill the positions left vacant by Bob Gorton and Hugh Ayer on the 91 Committee and Jack Miller would be chairing the committee. Jim Alexander, Council Member, asked if there were a problem with amending the resolution to state specifically that Jack Miller would be chairing the committee. Debra Drayovitch, City Attorney, stated that the wording could be changed to show that Mr. Miller would be chairperson. RESOLUTION NO. 887.044 A RESOLUTION APPOINTING TWO MEMBERS TO THE CIP' 91 COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Alexander motion, Ayer second to amend the resolution. On roll vote McAdams "aye," Alexander "aye,' Hopkins "aye," Gorton i "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Ayer motion, Gorton second to approve the resolution as amended. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D. Consider approval of a resolution supporting the creation of a Denton County Hospital District. Lloyd Harrell, City Manager, stated that this complied with the Council's request that the city take two actions regarding the r` upcoming hospital district election - one, a resolution formally expressing Council's support for the creation of a hospital district and two, put in motion hosting a community forum addressing the issue, Linnie McAdams, Council Member, discussed what it will cost the City if this district was not passed. The most equitable way to handle the cost would be to have a district devoted to Flow Hospital and funded countywide. Mayor Ray Stephens asked if John McGrane had prepared the figures for the cost if the hospital district passed versus leaving It as it was. t. •a City Council Minutes July 7, 1987 Page 12 i i I Lloyd Harrell, City Manager, stated that the information had been provided to the committee for their use. With the shortfall of $2,000,000 and City responsible for half of that, it would require a $.CS tax increase per $100 valuation which was almost a ten percent increase which the citizens of Denton would have to pay to keep that going. That did not include the taxes the County would have to charge for their portion of the subsidy. The hospital district would fund the hospital more I economically and was a plan that guarantees the continuation of Flow Hospital, Mayor Stephens stated that the facts needed to go to the public i since many of the related articles and letters to the editor had misled the cost of the district to the taxpayers. Mayor Pro Tem Linnie McAdams pointed out that the citizens of the City of Denton would pay double taxes - both City and f County taxes. The $290000000 deficit was not included in j' either the City or County budget so both entities would have to raise taxes to cover this amount. Mayor Stephens stated that $.04 was all the tax district would be levying and that would guarantee !ome financial stability which would bring in physicians and patients. Randall Boyd, Council Member, stated that another reason for the district would be that two separate government entities would not own the hospital with neither one feeling full responsibility, If a tax district's sole responsibility was to oversee the hospital, it would be more efficiently run. This would cease a source of bickering between the City and the County. The tax district would giv^ stability and a sense of ar: long-term continuity to the hospital. jr, Jim Alexander, Council Member, agreed with Council Member Boyd in that the proposal had a great deal of merit outside the fiscal considerations which had already been discussed. As with the planning of the 911 Committee which pulled ali the different ►fntities in the County together, the district would pull these two government entities (the City and County) together and remove a source of conflict which has been present for the past two decades. If this referendum did not pass, Mr. Alexander felt that Flow Hospital would probably not survive. j The unstable financial condition would not allow it to last. I Also, there was already a competent staff at Flow which worked well together. It was an existing ongoing entity and for all of those reasons, it was Important to vote for Plow on August 8. t I! i a r City Council Minutes July 7, 1987 Page 13 RESOLUTION NO. R87-045 A RESOLUTION SUPPORTING THE CREATION OF AN DENTON COUNTY HOSPITAL DISTRICT AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alexander second to approve the resolution, On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "ayeAyer "ayeBoyd "aye," and Mayor Stephens { "aye." Motion carried unanimously. Mr. Harrell stated that a request has been made by the steering committee for the hospital district election to distribute information in the utility bills. The information must be factual and would have to be reviewed by the City Attorney before it was sent. Mr. Harrell requested that the Council approve this by motion if they desired this since there was a firm policy that outside organizations cannot use the utility bills fcr stuffing information. Since this item was of significant public importance, it might warrant an exception. Debra Drayovitch, City Attorney, stated that this could be done if the information was only factual and did not effect the outcome of the election, u Hugh Ayer, Council Member, stated that he believed the facts would speak for themselves. Ayer motion, McAdams second to insert factual information k; concerning the hospital district into utility bills, with a voice vote, the Council unanimously agreed to support this action. 4. The Council received a report from the Mayor regarding appointments to the Denton Housing Authority. t Mayor Stephens stated that state law required the mayor to make appointments to the housing authority. After talking with the other council members and asking the people to serve, Mayor Stephens had the following new appointees for the year 1987.89: Dr. Curtis Ramsey, Mr. Reginald Logan and Mrs. Barbara Fisher. The continuing members whose terms did not expire until next year were Dr. Charles Glasgow and Mr. Bob Mizell. r F Y J ~ i x City Council Minutes July 7, 1987 Page 14 Mayor Stephen's also took this opportunity to announce that he had invited Nar,cy Boyd to be a Denton representative to the housing authority in Dallas. This consisted of mayors, managers, and other appointed representatives to form the j Metroplex Mayors Association. Ms. Boyd would probably make a presentation to the Council when she received direction from the association which would begin meeting either late summer or early fall. 5. Miscellaneous matters from the City Manager. A. Lloyd Harrell, City Manager, reminded the Council that they had agreed to meet on off-Tuesdays from 5:00 to 7:00 p.m. without dinner once a month to cover certain items of business. Mr, Harrell asked if Council prefers July 14 or 28 to meet concerning the Capital Improvements Program update. The Rroup decided that July 28 would be the best. B. Mr. Harrell stated that the sales tax figure had III been received for the month of June and it showed that the City received $268,000 which was $SZ,000 short of what was projected (based on receiving $301,000 last year in June and projecting for ` $3209000). There was a variance of budget on sales tax for the current fiscal year of $450,000. The City had made reductions during the year to allow for a $530,000 shortfall for the year. This would be watched very closely for another month to see if more reductions needed to be made. 3 C. Mr. Harrell showed the certificate received for j honorable mention in the "Keep America Beautiful" campaign in which the City participated. He complimented Bill Angelo and Julia Moore for the fine job which they had done in this area. 6. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. A 7. There was no new business items to discuss for future agendas. The Council reconvened into the worksession which began at S:15 p.m. to finish discussing major budget policies contained within the proposed 1987-88 budget. w 1 City Council Minutes July 7, 1987 Page 15 Lloyd Harrell, City Manager, presented the major issues in the Utility Fund. After the budget presentation, Lloyd Harrell, City Manager, requested that the Council give him any input and he would make changes if necessary. He thanked John McGrane, Executive Director for Finance, and his staff for the work they did in preparing the report. He stressed that this was one of the toughest years for the budget but quality service would not be shortchanged. Mayor Stephens thanked the City Manager and his staff for the hard work. 2. The Council held a discussion regarding the Texas Municipal League's position on broadening the sales tax base. Mayor Stephens stated that this item was on the agenda for discussion purposes after receiving information from the Texas Municipal League. i ' Mayor Pro Tem McAdams stated that this t i ype of expansion be temporary if necessary. She suggested that maybe the present tax system for the State needed to be overhauled. 'S Mayor Stephens asked if the Council would like to have a resolution prepared. Jane Hopkins, Council Member, stated that since the State would not take action for at least two more years due to the legislative session ending, it would not be beneficial to make a decision at this time. The Council decided to table the issue until a later time. I 3. The Council convened into the Executive Session to # discuss legal matters, real estate, personnel or board 1 appointments. More specifically, the Council held a discussion concerning recommendation:; relative to the options for transfer or lease of the Lake Lewisville Hydroelectric Project. The following action was taken. A consensus of the Council was to take action as recommended by staff concerning the Lake Lewisville Hydroelectric Project. 5 a t City Council Minutes July 7, 1987 Page 16 t 4 With no further business, the meeting was adjourned. RA ST N , MAYUK CITY OF DENTON, TEXAS w r SHARON JORDAN DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS 2713C e A~rr J } k f a, f f r fr `a ix 1 IVr A' 10 i r r City Council Minutes July 21, 1987 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: Mayor Stephens 1. The Council convened into Executive Session to discuss legal matters, real estate, personnel and board appointments. More specifically to hold a discussion on Maverick vs, the City of Denton. This item was pulled and the Council did not hold an executive session at that time. 2, The Council held a discussion regarding a proposed resolution adopting a Management Supervision Pay Plan Review, Lloyd Harrell, City Manager, stated that the study was an update on the pay plans on the management/supervisory schedule, Tom Klinck, Director of Personnel, stated that proposals went out in October of 1986 and the Arthur Young Company had been awarded the contract for the review, Pat Colter, Arthur Young Company, presented an overview of the study and the revisions suggested to the pay plan schedule. He stated that the original pay plan had _ put into effect in 1978-79 and that the plans were to be re-evaluated every five years or so, That had not been done due to budget constraints. The findings of the review were: (1) the original plan had maintained integrity within the plan but floated with the market, (2) more levels with finer distinction between the levels were needed in the pay grades, (3) minimum qualifications needed to be better defined, (4) survey j ; improvementA were needed, (5) a pay philosophy needed to be established, (6) there were compensation problems at the lower end of the job families. Recommendations suggested by Arthur Young Company were: (1) implementation of the Decision Band Method, (2) survey actual salaries, (3) more private industry emphasis, (4) temporary shadow ranges for some plans, (5) Implementation of a pay philosophy, (6) implementation of administrative procedures, (7) implementation of an appeals committee. Council Member Hopkins asked about budget constraints and the January 1, 1987 date for beginning the new pay plans. Harrell replied that the cost would be minor and that there was 1 already money set aside in the current budget to implement the pay plans effective January 1, 7.987, 1 c. f I I i City of Denton City Council Minutes July 21, 1987 r, Page 2 3. The Council received an overview of the drainage requirements. Due to time limits, this item was held for another work session. 6:30 P.M. 1. The Council received an update on the Main Street Project and a request for budget funding for the project. Theresa Waller, representing the Central Business District Association, stated that the Association had received resolutions of support from the Historical Commission, the Historic Landmark Commission, the Chamber of Commerce, the Central Business District Association, and the Historical Museum. She stated that the organization was asking the City for money for a $43,000 budget as recommended by the Planning and Zoning Commission. The Central Business District Association was currently requesting pledges from area businesses to pay for the training of the Director. ' Council Member Alexander asked when the project would officially begin. Waller replied that the Director would go through two weeks . of training at the beginning of January and then the project would officially begin. Council Member Boyd asked if the budget amount took into a I account the fact that the City's budget year started in October and the program would not begin until January. j Waller stated that she did not think that the $43,000 reflected that time frame and that the budget could probably be reduced I) one quarter. Consensus of the Council was that the request would be considered during the budget process. The Council convened into the regular meeting at 7:00 p.m. In the Council Chambers. PRESENT: Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton, and Hopkins. ABSENT: Mayor Stephens 1. The Council considered approval of the minutes of the regular session of June 16, 1987. Gorton, motion, Alexander second to a pprove the minutes as presented. Motion carried unanimously. h I i City of Denton City Council Minutes July 21, 190 Page 3 2, The Council held a presentation of the beautification Awards. Bob T£ckner, Superintendent of Parks, presented the resiaential catagory to Mr. U.J. Ramsey, 13U1 Ureenbrier and the commercial category to Mr. Milton dill representing tr,i Morrison Milling Company. { Mayor Pro Tera McAdams stated that it was a pleasure on behalf of the City of Denton to present the awards for such beautiful work. 3. The Council consiaered a request from the Firefighters Association to solicit funas from various City street corners. This item was pulled at the r,;aest of the Firefighters, 4. Public Hearings A. The Council considered a Burgess, inc., representing Miller oftltTexas, requesting annexation of 73.334 acres of land being part of the m. Forrest r Survey, Abstract No. 417. (A-43) ? The Mayor Pro Tem opened the public nearing. Thad Brundrett, Carter ano Burgess Engineers, spoke in favor of the petition. He stated that the annexatiun of this property would enhance alignment of the proposea Lakeview Drive. it would allow for a more efficient design of the road. No one spoke in o I pposition. The Mayor Pro Tem closed the public nearing. Cecile Carson, Urban Planner, stated that this request was for additional property for the proposea Lakeview development, The annexation would allow for the continued progress in the planned development zoning and with the development of the road utility district in the area. The staff felt that the annexation would be consistent with policies to add property to make a more uniform uounaary line for the City of Denton. Consensus of the council was to pruceeu with the annexation. B. The Council considered a petition of Carter and Burgess, Inc., representing miller or rexas, requesting annexation of 2.b22 acres of land being part of the M. Forrest Survey, Abstract No, 417. (A-44) w- 5 i °I I City of Denton city council Minutes July 21, 1987 Page 4 The Mayor Pro Tem opened the public hearing. Thad Brundrett spoke in favor of the petition. The annexation was for a small piece of property wr icn was nut in the ownership of Miller of Texas at the rime of the oriyinal planned development request. No one spoke in opposition. The Mayor Pro Tem closea the public nearing, Cecile Carson, Urban Planner, stated that the same comments applied to this annexation as was notes in the previous petition. Consensus of the Council was to continue with the annexation, C, The Council considered a petition of !tiller of Texas requesting annexation of 1.634 acres of lano ueing part of the G. 4ialker Survey, Abstract No. 133U. (A-45) The Mayor Pro Tem openeo the puulic hearing. Thad Brundrett spoke in favor of the petition. he stated that the same comments applieu to this case as the previous petition, %i No one ~ spoke in opposition. The Mayor Pro Tem closea the public hearing, Staff comments were the same as for the previous petition, } Consensus of the Council was to continue with the annexation. l5, Consent Agenda Hopkins motion, Alexander seconu to approve the Consent Ageuoa i as presented. Motion carried unanimously. Consent Agenda A, Bids and Purchase orders: A 1. Bid *97b~ - La velopes " 2. Bid #97b5 - Wire and Cable-Warehouse Stock 6L rl B. Plats and deplats i 1. Consioer approval of ,c„• L,j preliminary and final replat of Lots 4-7, block A, of the Golden Triangle Mini-Mall Addition, t i f ' City of Denton City Council Minutes July 21, 1967 Page 5 C. 'l'ax Refunds 1. Consider approval of a tax retuna to First Gibraltar Mortgage in the amount of $521.11 2. Consiuer approval of a tax refund for fames R. Neblett in the amount of $b57.59. 3. Consider approval of a tax refund for Claire's Boutique in the amount of $944,00, D. Contracts 1. Consider approval of an annual maintenance agreement with American Management Systems Inc. on Financial System Known as 'LGFS'. 2. consider approval of an annual agreement S. with Control Data Corporation for software maintenance on Payroll/Personnel System known as 'EIS'. " 6. Ordinances A. The council considered adoption of an ordinance accepting competitive bids and providing for the award ut contracts for the purchase of materials, equipment, supplies or services. s" The following ordinance was considered. . NO. 67-1 kb A14 ORDINANCE ACCEPTINU COMPLTITIVE BIDS ANU AWARUINU A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, j SUPPLIES OR SERVICES; PRUVIUIVU FOR THE EAPENDITUAE UF FUNDS THEREFORE? AND PROVIDING FOR AN EFFECTIVE DATE. Boyd Motion, Alexander second to adopt the ordinance. On soli vote, McAdams `aye," Alexander 'aye," Hopkins 'aye,' Dorton "aye," Ayer 'aye,' Boyu 'aye'. Motion carried unanimously. B. The Council considered adoption of an ordinance amending Article I of chapter 17 of the roue of Urdinances of the City of Denton, Texas ('Plumbing Code') to provide for adoption of the 19b5 Uniform plumbing code) adoption of amendments to the Uniform Plumbing Code; to provide for additions thereto; and repealing all ordinances in conilict herewith. City of Denton City Council Minutes July 21, 1987 Page 6 The following Ordinance was considered: ORDINANCE NO. 87-117 AN ORDINANCE AMENDING AttTICLE I OF CHAPTER 0 OF THE CODE. OF ORDINANCES OF THE CI'T'Y OF DENTON, TEXAS ("PLUMBING CURE') TO PROVIDE k'UR ADOPTION OF 'iHE 19b5 i UNIFORM PLUMBING CODE; AUOPTION OF AMENDMENTS TO THE UNIFORM PLUMBING CODE; TU PROVIDE FOR AUDiT1014S THERET01 REPEALING ALL ORDINANCES IN CONFLIC'T' HEREWITH; PRUVIUING FOR A PENALTY IN AN AKUUNT OF $1,000.00 THEREFOR; AND PROVIUINU FOR AN EFFECTIVE DATE. Hopkins motion, Boyd secuhd to adupt the ordinance. On rule vote, McAdams 'aye,' Alexander "aye," Hopkins 'aye,' tiurton 'aye,' Ayer 'aye," Boyd "aye'. motion carried unanimously. C. The Council considered adoption of an ordinance abandoning and vacating a o toot portion ut a utility easement located on Lot 4, Block A, of the JVS Addition, Phase I. (E-1) The following ordinance was considered: NO. b7-11b AN ORDINANCE ABANDONING AND VACATING A CERTAIN UTILITY EASEMENT AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. ' E Cecile Carson, Urban Planner, stated that this was a request by the property owner to abandon a 6' easement that presently had an encrochment of their house and deck into a 16' utility easement. In 1986, the Development Peview Committee had a request to abandon this portion of the easement before I construction of the house had begun. It recommended denial of the abandonment because tile utility Departiiient tell that the } entire lb' easement was necessary tur maintenance of the lines I in that area. After that decision was made, the developer did proceed to build into the easement. Statf'a understanding was C that there were two sets or pins set in the lot and the measurement was done not excluding a section of right-ot-way that had been taken for Teasley Lane. Planning and toning recommended by a vote of 4-1 to approve the auandohment. There was no value placed on the easement. } Lloyd Harrell, City Manager, stated tnat initially when this E case came before the Development Review Cunuaittee, the decision was made that a variance would not be granted because the City needed to be consistent with all the property owners. Now the t v ) k City of Denton City Council Minutes July 21, 1987 Page 7 case was that the house had been built and the closing of the house could not take place until the easement question was settled. At this particular location, the Utility Department did not need all of the 16' easement. staff reluctantly recommended approval. Council Member Ayer asked the impact if the request was denied. Carson stated that there would not be a clear title to the property because the City would have the easement on record on the plat. Ayer asked if the Building Inspector was misled with the two sets of pins or if the Building Inspector made an error. Rick Svehla, Deputy City Manager, stated that there was a 5' piece of right-of-way dedicated to the City. Normally pins were set on the property line which included that 5' dedication. The set of pins that were there that the City staff measured from did not indicate a problem with the 16' easement and the slab. There was no indication as to whether the pins were set in error or set wrong deliberatly. y Mayor Pro Tem McAdams asked if there should have been two sets of pins. Svehla replied that normally when a developer or a surveyor Y. plats the property, he would set all of the property corners. In this case, the property corner pins or the line that was closest to Teasley was the property line. A dedication was done and then normally a second set of pins was set at the property corners. Ayer asked if 19' was sufficient to get in any needed equipment for repairs on the utility lines. j Svehla replied yes. Gorton motion, Boyd second to table the ordinance until the "V next meeting. On roll vote, McAdams "nay," Alexander "nay," Hopkins "nay," Gorton naye,n Ayer "nay," Boyd naye,n Motion failed by a 4-2 vote. Rhonda Yarborough, owner of the property, asked to speak before the Council. She stated that her husband was the builder of the house. When they bought the lot, it was their understanding that there was a 16' easement. In between the time they bought the lot and actually closed on the lot, the found out that another 5' of the property was donated to Teasley Lane right-of-way. It was their understanding that the 16' easement had been measured from the 5' right-of-way. 3 ~ i p s City of Denton City Council Minutes July 21, 1987 r.` Page 8 Mayor Pro Tem McAdams stated that she felt that the Council was being manipulated in this instance and wanted to express that and to insure that this situation did not occurr again. Alexander motion, Hopkins second to adopt the ordinance. On l roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "nay," Ayer "aye," Boyd "aye". Motion carried with a 5-1 vote. D, The Council considered adoption of an ordinance approving Deloitte Haskins & Sells to begin an audit of the fiscal year ending September 300 1986. The following ordinance was considered: NO. 87-129 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITT£, HASKINS, AND SELLS AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 300 1987, AND DECLARING AN EFFECTIVE 'l DATE. Hopkins motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye". Motion carried unanimously. y}'l 7. Resolutions I A, The Council considered approval of a resolution adopting a Management Supervision Pay Plan Review, The following resolution was considered: j RESOLUTION NO. R87-046 A RESOLUTION ADOPTING THE MANAGEMENT/SUPERVISION COMPENSATION PLAN AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID PLAN; AND DECLARING AN EFFECTIVE DATE, -1 Gorton motion, Alexander second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye". Motion carried unanimously. 8. The Council considered a motion authorizing the Aerobatics International use of the Denton Airport for an air show September 7, 1987. This ittm was pulled by the petitioners. . 7 { 1 City of Uenton city council Minutes July 21, 1987 Page 9 9. The Council received a report from Mr. Carl Young I regarding tral.fic problems in Denton and the annual Easter egg hunt. Mr. Young did not attend the meeting. ' 14 10. Miscellaneous matters from the City Manager There were no miscellaneous matters reported by the City Manager. y` 11. There was no Executive Session discussion held at the Work Session. 12. New Business No items of new business were suggested by the Council Members. r: 13. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. Nc, official action was taken. f With no further business, the meeting was adlouirld. t't LINNIE MCADAMS, MA 10H PRO 7k;M t' CITY OF DEN`1'ON, TEXAS f.. JENNIFER W ALTERS CITY SECRETARY s =`4 CITY OF DENTON, TEXAS 24969 i r R ~ ] 1 4- 1, 1 T y' i ( 4 * ,u + jr y.. h r i 143 WrYofOMENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 /TELEPHONE(817) 888.8307 µ Office of the Gly Manager M E M O R A N D U M r TO: Mayor and Members of the City Council FROM: Jennifer Waiters, City Secretary 'I DATE: 41, August 13, 1987 It SUBJECT: Back-up for Agenda Item #3 ! k II s; Mr. Tom Van called and requested to be placed on the agenda to discuss y % the possibility of a franchise for taxicab services in Denton. A copy 1 of the Guidelines for Appearance before the City Council has been mailed to Mr. Van. There is no written back-up material for this agenda item. '4'w 4 M t )rF~t r r Ir X4L r y t t r Je fer W tern r aw ~~k~ ~ t ti' , , 2927C/i ~(`u r { ~ ref a2 Ala ,xy4+y t 7 ~ C . h: r:,It 1+t, w i i t rtilhr j 1v~lg W, yf~F yf r r pr, Y.. . .r'I;,: . .r...ngr.: ' @ Kir ~~11 d F'4 T. 1 VF 7r J S t. i ~y ~pp i E CJTyof DENTONI TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPNONf (817) 566-8307 ON'sof1110Ci- Y*I ' r M E M O R A N D U M TO: Mayor and Members of the City Council FROM. Jennifer Walters, City Secretary DATE: August 13, 1987 i' SUBJECT: Hack-up for Agenda Item 14 t M R d 1 1 ? The Finance Department has submitted the press releases regarding this award for back-i:p material for Council re-iew. ~1r i .f • 3+ + AYT) A I~Ai q v `s k x Te i p MI vl d yi ( ~ ti t I ie Tit f x ~ Y ) yj Y~i lY h ' r. ~ d Je far alters EI 7 2727C/2 o- + a i e g v G yJ 1 o i Js 4 .0 t. ' .r " Ci it NEWS RELEASE GOVERNMENT FINANCE REt CITY OF DLNTON OFFICERS ASSOCIATION Is Awarded - p~~ HIGHEST AWARD IN FINANCIAL REPORTING 1b a R ICHK,M1 TWO ~ss aoea7oe (Chicago)--The Certificate of Achievement for Excellenci Vinancial I Reporting has been awarded tot i CITY OP DENTON by the Government Finance Officers Association of the United States and r ; Canada (GFOA) for its comprehensive annual financial report (CAFR). , The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement also is given to the individual designated as primarily responsible for its having earned the certificate. i This Award of Financial Reporting Achievement has been presented tot ` JOHN F. MCGRANE, DIRECTOR OF FINANCE The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit w of full disclosure" effort to clearly communicate its financial story and motivate potential persons and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 10,500 government finance professionals. The association produces a variety of ~ S ` technical publications in various fields of governmental finance, and represents the public finance community in Washington, D.C. The association provides numerous training opportunities, and conducts an annual conference attended by 4,500 public finance professionals. For Moro information, contact Fred Lantz at 312/977-9700. rar.~tmrmtrnur+~CwxnNU+aornpasrosxu~roM , r WASNaI IGiCNOff~CF SIN' 2W, 1750KSTREEINW-WASOW3104 DC -1M-2D2404,2014 i 3 I I PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT PROGRAM AWARDS f The Certificate of Achievement for Excellence in Financial Reporting is 'the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recog- nized for their outstanding accomplishments. If you would like a formal presentation of your award, you should contact your Government Finance Officers Association state representative. Your representative's t mailing address and phone number is as follows: North Joel Victory Assistant City Manager--Finance City of Cleburne P.O. Box 657 Cleburne, Texas 76031 817/641-3321 I t f . P i I A I I d N ) ` I 1 1 'f t ~ ` 1 1 ICY P~ f 1 ' F M 1 \.,v~ Id V yJ ? J ! ly )`r }3r I' 1 C T1 Y COUNCIL REPORT PORMAT DATE: TO: Mayor and Members of the City Council 'TT 1~ H TY ~~..JJ r PROM: Lloyd Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING 212.12 ACRES BEING A PART OF THE I. COY SURVEY, ABSTRACT N0. 212; J. AYERS SURVEY, ABSTRACT h0. 2; B. BURLESON SURVEY, ABSTRACT NO. 65; N. COXER SURVEY, ABSTRACT NO. 249; AND THE R. JOHNSON SURVEY, ABSTRACT NO. 666. (A-46) RSCOMMENDATION• The Planning and Zoning Commission recommended approval at its { June 24, 1987 meeting. I SUMMARY: The proposed annexation is a strip 500 feet in width for a distance of 3 1/2 miles. The City of Denton extraterritorial jurisdiction extends to the same 3 1/2 mile point at thin time and this annexation would extend the city limits to its northernmost point along I-35. Two public hearings have been held by the City Council with limited e opposition to the annexation. j PACK4 OUND• In January of 1986, the City Council completed an annexation of a 700 foot strip along I-35. A number of property owners requested that the strip be reduced to 500 feet, and the City Council repealed the annexation ordinance at its Key 5, 1987 meeting. The intent of this annexation is the same as for the previous annexation which is to permit the City of Denton to extend its city limits to the east and west of I-35N as needed when additional development occurs along this corridor. The existing city limits is a 1,000 foot strip along I-35. PROGRAFL9 DIPARTKENTS OR GROUPS AFFECTED: { Property owners and the City of Denton. The majority of the 3 1/2 I mile strip at 500 Peet will be highway right-of-way. FISCAL IKPAa: An impact analysis has not been prepared. ~ Reap U d: j Prepared by., __l / f~ d Ate. Lloyd Harrell City Manager Cecile Carson Urban Planner Approved: David Ellison av Aoting Director for Planning and Development 1633] f F b 1761L f i NO. AN ORDINANCE ANNEXIAG A TRACT OF LAND CONTIGUOUS AND ADJACENT TO i THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 212.11 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE I. COY SURVEY, ABSTRACT N0. 112 J. ABSTRACT N0, 2, THE B. BURLESON SURVEY, ABSTRACT %AYER S06 S SURVEY, COKER SURVEY, ABSTRACT NO. 2491 AND THE R. JOHNSON SUtRVEY, ABSTRACT NO, 6661 DENTON COUNTY, TEXAS; CLASSIFYING THE SAh1E AS AGRICULTURAL "A" DISTRICT PRUPERTY; AND DECLARING AN EFFECTIVE DATE, WHEREAS, a request for annexation For the property described in Exhibit "A", a copy of which is attached hereto and incorpo- rated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of + the City of Denton; and WHEREAS, an opportunity ryas afforded, at a public hearin held i for that purpose on the 2 _ day of T „ g 1 Council Chambers for all interested 1987 in the and present evidence bearing upon the annexations providedibyvthis ordinance; and WHEREAS, au o ' pportunity was afforded, at a public hearing held Y for that purpose on the i6 da _ 1987 Council Chambers for alinerestedfperso su to stare theiriviews and present evidence bearing upon the annexation provided by this + ordinance; and WHEREAS, this ordinance has been published in fall at least one time in the official newspaper of the City of Denton, Texas, e> prior to its effective date, and after the public hearings; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: , 't 's SECTION I. That the tract of land described in said Exhibit "A" be, and the same is hereby annexed to the City of Denton, Texas, and the h ^ , M same is made hereby a part of said City and the land and the ,y present and future inhabitants thereof ns the rights and privileges of other citizens entitled to all " of said City and shalt A-46/Page One s • be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. SECTION 11. The property described in Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zon- ing map of the City of Denton, Texas, which map is hereby amended accordingly. j SECTION III. Should any section or part of this ordinance be held unconsti- tutional, illegal or invalid, or the application thereof ineffec- tive or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to s, be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless { of whether any other part of such described area is hereby effec- ttvely annexed to the City. Provided, further, that if there is included within the general description of territory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included s within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same is hereb excluded and excepted from the territory to be hereby annexed as fully as if such excluded and oxcepted area were expressly described herein. ,5. 4.. SECTION IV. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on thee' day of , 1987. ~ u ' A-46/Page Two i i i PASSED AND APPROVED by the City Council on the day of r 1967. I RAY ~V E E S, MA OR CITY OF DENTON, TEXAS l ATTEST: a JENNIFER WALTERS, CITY SECRETARY ' CITY OF DENTON, TEXAS APPROVED AS TU LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS i BY. wbt g" yr( jbey r w•F ~ ar 0 1, f , a l {11~l~}f w ti d i a t , r. 1 i F%'nw A-46/Page Three Y , r b'. f LXhIBIT "A" All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the 1, Coy Survey, Abstract No. 212• S J. the N. Coker urvey, Abstract No, 2, the B. Burleson Survey, Abstract NoAy655 i Survey, Abstract No. 666and Abstract moNo. 249; and re particularly hedesR. Johon cribednsas follows: boin the undary present lyingNlin theanorthpoint ofCity tract limits describedpoint in Ordinance No. 69-4U, Tract VI, said point also lying 250 feet west of and perpendicular to the centerline of I-35; i THENCE northerly 2SO feet west of and parallel to the centerline of said I-3S the following four (4) co+irses and distances; (1) north 10 S8' west, a distance of 2,197,22 feet; (2) north 00 53' east, a distance of 6,174.83 feet; (3) north 90 01 west, a distance of 5,206.05 feet; (4) north 20 SO' west, a distance of 4,897.93 feet to a point for corner, said point lying 150 .j < feet west of and perpendicular to the centerline of said I-35; THENCE north 870 10' east a distance of SO0,0 feet to a oint for corner, said point lying 250 feet east of and perpendicular 1 to the centerline of said I-35; ; 1 r,F w i THENCE southerly 250 feet east of and parallel to the centerline of said I-35 the following four (4) courses and distances; (1) south 20 SO' east, a distance of 4, 870. 66 feet; (2) south F 90 01' east, a distance of S,222.45feet; (3) south 00 S3' u west, a distance of 61205.77 feet; (4) south 10 58' east, a distance of 1,184.78 feet to a point for corner, said point lying in the present city limits as established by the tract described in Urdinance 69-40, said point also lying 250 feet east of and perpendicular to the centerline of said I-35; THENCE south 880 02' west along said 8 present city limits, passing at 250 feet, the centerline of said 1-35 and continuing for a total distance of 500.0 feet to the PLACE OF BEGINNING and containing 212.12 acres of land. W a ~i i I 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: i Section 1. Pursuant to the provisions of Article 970a as j amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: i I. Basic Service Plan E 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; a; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. R B. Fire (1) Fire protection by the present equip- ment of the fire fighting force, ~ewill personnel provided p on the effective date of annexation. rsr C. Water ffi, (1) Water for domestic commercial and idustrial use will be provided at city rates, from existing city lines on the effective date of annexation, and ' iv thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. 71 R* D. Sewer L (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of r = 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 i.` annexed area within one month after the effective date of annexation. 4 ~ r, II j 5 e i i Service Plan Annexed Areas Page two i F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, EE E (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 I~ (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning { (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter h dy '•5 encompass the annexed area. fl 1 3 1 a~J 1. Street Lighting (1) Street lighting will be installed in the substan- t1411y developed areas in accordance with the established policies of the city. 6M { h4 r i I J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, 4•. K. Electric Distribution ' (1) The city recommends the rise of City of Denton for electric power, r4; h r. Service Plan Annexed Areas 9 Page three f L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. i II, Capital Improvement Program (CIP) I I The CIP of the City consists of a five year plan that is up- i dated yearly. The Plan is prioritized by such policy guide- lines as: i (1) Demand for services as compared to other areas i based partly on density of population, magnitude j of problems compared to other areas, established technical standards and professional studies, and a~ natural or technical restraints or opportunities. a {a (2) Impact on the balanced growth policy of the city. (3) Impact on overa:l city economics. s 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 annexation area will be Judged accordingly to the same kf established criteria as all other areas of the city. ~w ~ X r r 5 1 q t r l iI J Ili:. ~.1 .'Y 'a, P w. r. • r w ~ 1~t wN T' IJ 0 ! irk i f " , • o I mp,bucACF14k Rd • v..p ~p ■ Y"OFMo1:1 Rd i a - • • Crow WHOMa Rd 4t•!~ • S'"IOva4; Rd: "1 Sanger City limits + ; w • N • Pr sod Mo-, limit _i a i! li.ti, e•r,d i! ; r q; . Rd • R4Ctlr AO R! ~r>rf•:irrr~. i lRd r Rd. der R!C . wnr_iss n1 if~ • , ~a-J=.,. n er `a _ 1, t j all I x_ • I • SdHR Rd. e '1 ti' o~a Y' 1 &t_' W.O~ Rd ' tar~•aar WIN rii f•i t r 1 d a • r • IIaaR q,` f)lur Moand` _ A 40 ' !resent Dentdn City Lim 9ccsRd ~Ex stir1~.10 Q 1i~ 1 •1''' s I I j F 4S c 't Ire • + I~'~~; 1a .L►;••. i QUM Aso • got 091-.04 41 0 P, Jv o: _j111+?OM t • 1 J' ` . • ' r4O • i '•I j r,p ~e alp ,G. r , I 1 , ~ • •uV T ♦ I,JNCI .tr , ..r. 2W WA.'2W W 'T' r = e a' Yu% . v•. f j 'pas :0 e' f t A f ' ANNEXATION SCHEDULE A-46 j V May 5, 1987 City Council sets date, timer and place for public hearings May 17, 1987 Notice published in Denton :record Chronicle for first public hearing ✓May 31, 1987 Notice published in Denton { Record Chronicle for secon6 public hearing t June 2, 1987 City Council - first public hearing ! ✓ June 16, 1987 City Council - second public hearing ` s°1t June 24, 1987 Planning and zoning r ,f Commission makes , recommendaticn w' ✓ July 7, 1987 City Council institutes annexation proceedings. I v July 128 3987 Publish ordinance in Denton Record Chronicle August 18, 1987 Final action by City Council I ~ t ~ Kf bL ti :f h . ~F p' / 4 N T 'W23369 A ~ { F r } z ~ r rt% ,yyy,y~ - k / e t Minutes Planning and Zoning Commission June 24, 1487 The regular meeting of the Planning and Zoning Commission of the } City of Denton, Texas was held on Wednesday, June 24, 1981, at 5:00 p.m., in the Council Chamber of the Municipal Building. Presents Ivan GlasscocklandbJuddlHolt B. EscuJr., 1 Abser•;s Euline Brock and William Kamman + Present from Staff: Elitabeth Evans, Planning Administrate"; Cecile Carson. Urban Planners Joe Morris, Assistant City Attorney; Jerry Llark, City Engineer; and Susan Mitchell, Secretary Chairman Bill Claiboraa called the meeting to order. 1. MINUTES: It was moved ly Mr, Escue, seconded by Mr. Glasscock sn unanimously carried LS-0) to approve the minutes of the regular meeting of Junt 10, 1987. 11. AB_ANDONMEHT O~ a FEET OF A 16 FOOT UTILITY EASEMENT ON LOT 4. TV S STAFF REPORTS Ms, Carson stated that this lb foot utility essemen was established with the plot of the J,V.S. Addition, i Phase One. She said that approximately a ye sr sgo a request to abandon the easement was denied by the Development Review Committee, there was no structure on tht property at that time. She said that now a portion of a residence is built ' into the easement and the title company requires a release of ;k this portion of the easement to complete the property transfer, She sold that although • 10 foot easement is a standard re- quirement for ease of maintenance and service, there are no thelDevelopmentoReviewwCommitteesrecommends ea. approvalaofethehat easement on Lotto of thetJ.V,S. Additioe,IPhasetOne.'tiity Mr. Holt asked how this happened. Ms. Carson stated that the owner requested a building permit and the may permit was granted. She said that the building inspectors m ` exact location of the easement. Mc. Holt stated that he was li aware that the city inspects the sites to insure that building is not occurring in the easements. He sold that in the future deliberatesettempisnto dleraei:dbtheoplottandhcityPpear to Le DECISION: Mr, Glasscock moveA to recommend approval oi: the o Mona rt of 6 feet of a 16 foot utility easement on Lot 4, J.V.S. Addition, Phase 1. Seconded by Ms. Cole and motion carried (4.1). Mr. Escue voted no. I11. A•46.y Proposed annexatlon of 212.12 acres being part of the T`Co Survey, Abstract No. 212; J. Ayers Survey, bstract No. 2; D. Burleson Survey, Abstract No. 6Si N. Coker Survey 4 i Abstract No, 149, ' and the R. Johnson Surrey, Abstract No. 606, ?,1 STAFF REPORT: Ms. Carson stated that in January of 106, the TTfy council completed an annexation of a 700 foot strip along teducefAtou60UrfeetPrandrtheo6ltysColeinclltrephaledttht innexie { tion ordinance of its May S, 1987 meeting. The intent of this 1 annexation is the some as for the previous annexation which is to perait the City of Denton to exttnd its city limits to the added additional that i stiff development corridor. needed when and t this 1-3SN as Occurs slo ends approval. P 4 t Minutes June 24, 1917 Page 2 i Mr. Claiborne stated that he is concerned about the city assuaing the responsibility over such a large area with the expansion of the extraterritorial jurisdiction. He said that this annexation needs to be approved so that the City Sanger of Denton regulationst are have not as stringent ascthose othe f Denton. Mr. Clark stated that the regulations of Sanger are less stringent than Denton County regulatlons.~ Mr. Claiborne asked how much of the Mt at the Love's Truck Stop would now be in the city Mt tjJ, Ms. Carson sold 60 percent. P, i DECISIONi Mr. Holt moved to recommend approval of A-46. Lc3-onTed by Ms. Cole and unanimously carried (S-0). IV. DISCUSSION OF PROPOSED LANDSCAPE AND TREE PRESERVATION ORDINANCh. Ms, Carson stated that the staff would like some direction on how to review this ordinance with the Commission in either a study session with the Beautification Task Force, with the City Council, or other alternatives. She said that the Beautifica- tion Task Force has been working on this document for three months and prior to that staff researched ordinonces for six months. She said that staff combined tree preservatloa and lindscapin in one ordinance. She explained the major aspects ' of the ordnance. Mr. Claiborne stated that he felt this ordinance would hurt the small type developers and make it cost prohibitive to 11 build. Ms. Carson stated that staff has evaluated the yro- ` posal using a smell tract and felt it would not be prohibitive. Mr. Holt asked how this ordinance would be enforced, Ms. Carson stated that a certificate of occupancy vould not be issued until the plontin; had been done unless an extension is granted for bad weather, etc. Ms. Cole asked about the landscaping exemption when a building has been destroyed. Ms. Carson stated that the owner is at- lowed is0 days after rebuilding the structure with no planting requtrement because the Committee felt the building was more important then the landscaping at this point. a Mr. Halt asked why the tree preservatloa ordinance did not ap- ply to sin le fcetty and duplex use. Ms. Carson stated that single fem~ly and duplex uses usually protect trees and con- tain more landscaping than a city might impose. The staff is reviewing requirements that would prevent clear cutting and striping of land and reducing elevations. Mr. Claiborne asked If the Task Force gave any direction for the Commission, Ms. Carson said that there is no indication but the goal is for the recommendation of the ordinance to be from the Beautification Task t'orce, ' Mr. Claiborne stated that he would like a study indicating cost of a development If this ordinance was enforced. Mr, Escue stated that lie 101t the Beautiiication 7, as Force should meet with the Council and get their ideas and then bring the ordinance back to the commission, k. All members present incurred. Meeting adjourned at 5145 p.m. 1 k i t DATE: 08/18/87 CITY COUNCIL REPORT FORMAT i TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTt PUBLIC HEARING AND ADOPTION OF AN ORDINANCE FOR Z-1864 01COMMENDATIONt The Planning and Zoning Cosmis~ion recommended approval at the July 8, 1987 meeting. SVMMARx: The proposed zoning would establish permanent agricultural zoning on the land. The zoning classification was recommended by the staff because the width of the property did not provide for more detailed planning. BACKGROUND: The approval of the zoning request is consistent with the Code of x Ordinance requirement that annexed property be assigned a permanent t; e- zoning classification. , PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Property owners and Planning and Development Department i FISCAL IMPA"t No impact on the general fund. I Respe lly submittedt j -l . o tr byt 4i-`/ Cit Mane$er Pro red l,1 r 'b( em Coolie Carson ; Urban Planner Approveds } David Ellison Acting Director for Planning and Development t e; , ,err O"lo .ti I "yl I r= , PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL i i To: Denton City Council 9 Case No.: Z-1864 Meeting Date: August 18, 1987 GENERAL INFORMATION Applicant: City of Denton 3 Requested Action. Agricultural (A) district classification on 212.12 acres of property. Location and Size: Property is located along I-35 N for a distance of 3 1/2 miles from the existing City limits and includes a i 500 foot strip 250 feet east and west r of the center line of I-35 N. i Denton Development Guide: Low intensity area. t HISTORY i The City of Denton repealed an annexation of a 700 foot strip on May 5, 1987. The property is currently being annexed at a 500 foot strip to be completed on August la, 1987 unless Council changes the schedule. ANALYSIS Property annexed by the City of Denton is assigned a temporary agricultural zoning until a permanent zoning district is approved by the City Council. In order to eliminate conflict and to legally control land use on annexed property the Staff :.r will be processing zoning requests with annexations. The narrowness of this property does not provide Staff with an opportunity to prepare a detailed plan for the corridor. Therefore, staff is recommending that the 500 foot strip be assigned permanent agricultural zoning. Many of the tracts that abut I-35 are residential or agricultural. A copy of a distance rF K '4 (Case 2-1864) Page Two ANALYSIS (continued) chart showing what the City is annexing is attached, Love's Truck Stop is the only business that will be included in the 500 foot strip. The zoning would be consistent with the Development Guide policies, RECOMMENDATION Planning and Zoning Commission recommended approval by a vote of I 7-0, ALTERNATIVES 1 Approve petition r v 2. . Deny petition I J i n I ` ATTACHMENTS AY r' 1. Location Map 2. Structure and Use Chart 3. Reply Form Totals 4. Property Owner List 5, Minutos of the Planning and Zoning Commission meeting of July 8, 1987 1 1 t I x I ' ~ a v } 1902a ,.L I k t; I mom" a e • Q d r~^- • 1 117 .A aw, OA~I m~,JDucAGr~r1 Rd ' p ' ,."p weRrlnor:t ar 9 06 • •ICro■ Wright Ad ,gIGtd► l~IJIM•en .Rd ~al Sanger City limits E III I iirit i ►eel Rd. '1Stl ~ . e ++,e1o19.r 4: 'f N 1of, Rd, Ar91~r ~s ,.=e~`:•r: ~1 ? Rtl6 . An p Odd, W46 It rl do-1 I lip 900, (0 /Old UK 10, • earth Rd. a ti' tlr. i" 11101 N? Me tjfkd ! r / •oen •r R/• !resent Dsntdn City--Lim Sae to. R/ • OLrrl as 'y~ ' pEx stilt, 10 0~ A 7 . t 9=1 ~i ~ ~ I ' I , _ ~ , I VNE . 1 t 1 tl are a 111. h FM llq~ • ~ ItlnrA ` t ' >t k . 1 RUM i ~ 1 l J . I . I 1 J ~ i a ~`s it tl= f' ' 1 z 1 9= =Stt . ' . A-26 STRUCTURES AND USES I I I APPROXIMATE I I I I I I I DISTANCE FROM I IAPPROXLMATK I I I I I EDGE OF 89RVIC6 IFROM CENTER LINK (PORTION OF PORTION OF I I TYPI Or USK I I ROAD TO FACE OF IOP I-35 TO FACE IMAIN STRUCTURE MAIN STRUCTURE I (AND OWNER) I LOCATION I MAIN STRUCTURE IOF MAIN STRUCTURKIWITO TIQL STRIPIWITHIN 5D0' STRtfj 1. PROFESSION-I West side of I 138 Feet I 320 feet I All I None { AL OFFICE I I-111, north of l I I I i (D,C,L,D. I and abutting { k I ! I CORP.) i Casa de Rodolphol I I II l I i I I 2. CASA DE ( West side of I 110 feet I 310 feet I All of reetau- I None of restau- ( RODOLPHO { I-3511 approxi- I I { rant and sign I rant (sign only)! MKXICAH FOOD( mately 11700 I I I I I I RESTAURANT { feet north of I I k I I (RODOLFHO I Rector Road I I I CRUZ) { overpass I { I 3. SINGLE I West side of I 115 feet I 270 feet I All None I { FAMILY { I-35% approxi- ( I I j I RIMINCK { mately 900 feet I I UNCR (OF CUR ea RRENT I do Rodolpho { OWNER) = I I I SINGLE West side of I 80 feet I 230 root I All I Maxlerum 5-10 I FAMILY I I-35N approxt- I I I toot of front I PASIDINCI ( mately 400 feet I I I ' face of bull4ing (VNCKRTAIN ( north of Rector I I I I ' Olt CURRENT ; Road overpass l I I I ~ ~ I I I I I I SINGLI j West side or { TO feet I 270 feet { All I' None ,ti I 5. FAMILY I I-3511 at corner ( I I •'r{ RKSIDKNCK I of Rector Roal l I I 3 : (RONNIE I west and ( I I I SCHARTZ) I service road { I 1 J, 1 f . I I I t~.wwr,.,w.-.... -.+s.~1wWwW,WgW'nw~.v..•.... r...., a.. ....rrw.rriw•r.~'.r, k^ R A-26 December 12, 1985 Pate 2 I I APPROXIKATR t I DISTANCE FROM I APPROXIKAVC of ! EDGE OF SERVICE IrROM CENTER LINT JPORTLOM OF PORTION Or ! Type OF USt I I ROAD TO FACE OF IOF I-35 TO FACt MAIM ST ! RvcTLRC IKAIN BTRUCTUatI { I __(AND OWNER) I LOCATION i K61N STRUCTURE IOP KAIN STRUCTU SIWITHIM ,50' BTRIPIWITHIN 500 TRIP( 6. 0MOLB I West side of 1 70 feet 1 270 feet FAKILY 1 1-35M adjacent ! 1 I All I Moo. ! RESIDENCt and south of 1 ( I it WALTER ( residence above li ! SCHCRTZ) I I I { ! I I I I MOBILE HOKt West side of I 245 tent I 390 feet I None I Mone { R9310tNCt I I-35N adjacent ! (CARL AND ( and north of Biel I ` { GLEMDA I Tex Sandblastina{ I r VINZANT) 1 Co. I I ! I I I 8. BIG TeX 1 West side of 1 140 feet 1350-400 test I No More Tban 1/31 None of Buildinpl SANDBLASTING 1 I-35M, North otl 1 1 of structure 1 (Replica or CO. 1 F.K. ls6 I { I I statue of big Me" OOOOt) I Tsx within 5001! i _ ! 9. PAUL#$ I West side of I 300 feet I 420 feet 'None of Building IMone of Building CRIATIVE I I-35H I I 1(tntranee and I (tatruncs 6 Sian y C9M12R I I I I sign only) I only) (Paul MAttinl 1 Blsga) I 1 j _ I ! 10. SIMOL1 (West side of 1 I I I - I SO feet I 255 feet ( None l None i FAMILY RIS. I I-35N at Kiisa 1 I I I I (ALHtRT 1 Road overpass I 1 I I SCHY,RTZ) I I I I ! I I I I I 1116] 4, ' A--26 December 12, 1985 Pape 3 i I { APPROXIMATE 1 { { DISTANCE FROM { {APPROXIMATE { i EDGE Of SERVICE IPROH CENTER LINE IPORT [ON OT {PORTION Of { TYPE Of USE I I ROAD TO PACE OF 1OP 1-35 TO PACE {MAIN STRUCTURE IKAIN STRUCTURE AND OWNSit1 I LOCATION l MAIN STRUCTURR 10F MAIN $TRUCTUREIWITHIN 750$ STRIPIWITHIN Soot STRIP[ i I I i I I k { 11. BLUE HOUND I West side of { 135 root I 270 feet ( All of Building I None of Building METHODIST I I-35N approzi- { I I I CHURCH ( mately 13600 ft.l i I I (BLUE MOUNL ( south of Htlam { I I I I METHODIST I Rd. overpass { i I I CHURCH) l ( I 1 _ l It. BLUE MOUND I South and Ad- ( 140 feet { 250 C, it I Approximately I None CEMETERY i $&cent to Church` 1 i SOB of cemetery I ( I L II I~ I { I I I l 13. BLUE KOUN9 I south and ad- { 130 feet 1 210 test I All I Roar COMMUNITY 1 lacout to came- { I I I CENTER i tery I { I l I I I l 114. SMITH BRO8.1 West side or { 130 teat J 255 test j 90% of Math I Kaxtem 5-10 tt.1 ROPING SUP- I I-35 approxi- 1 I ( Building and of front face PLY (JOHN ( 400 ft. North I I I Entrance of main building! 1. SKt?H) 1 of Censer Road { 1 (gottenos gate overpass wi &trial thin 50- ,E 1 15. CAUBLE 1 East side of { 410 feet ( 570 test I None of Main I None of main BTABLSB I [-35N approzi- { ( { Building building (CAUBLE I mately 400 ft. { ( I (Entrance gatel (Entrance only)i ENTERPRISE8)I south of Kilam ( { I only 1 I Road overpass I I I` it I I l l 1116 1 y f' .,i L. % i3 1 A-26 December 120 1985 Page # I I I APPROXIMATE I 1- I I I I DISTANCE FROM 1 iAFPROXIKAT& ED06 OP SBRVICe (PROM CENTER LINE IPORTION OP (PORTION OF I I TYPE OF USE I I ROAD TO FACE OF 1OF I-35 TO FACE IMAIN STRUCTURE MAIN STRUCTURE I 1_-(AND ojp) I LOCATION I MAIN STRUCTURE 1OF MAIN §TRUCTUfl#INITHIN T500 STRjpjWtTHIV o STgIpj { 16. LOVE'S I Bast side of 1 58 feet I 160 feet I All Facilities j 80% of structure{ STOPS 1 I-35N approxi- I to Canopy I 1 I and facilities { (UNCERTAIN { mately 400 tt. { I I I { OP CURRENT { mouth of Milam ( 60 feet 1 I I { OWNER) { Road overpass { to Canopy 1 1 I ! 11. MOBILE HOME( Rest side of 1 160 feet I 330 feet I All None RBSIDINCE I I-35N approxi- I I (UNCERTAIN I mately 38200 ft.1 I I h I OF CURRENT I North of Milani j I 1 I I OWNER) ; Road overpass I I I I i r 118. ABANDONED I &am% side of 1 115 feet I 240 feet I ALL ~ ALL ~ I RRSIDENCE I-35N approxi- I ( l I ('UNCERTAIN mately 2,200 ft.1 I I ( I { OF CURRENT 1 mouth of Rector I I I I 4- - OWNER) i Road overpass I I I I I • 1116y qy 1 i PROPERTY OWNER REPLY FORMS CITY COUNCIL 2-1864 1 IN FAVOR IF OPPOSITION UNDECIDED Ronny Schertz Aubrey H. Turner Route 1, Box 699 52 Gibbons Rd Sanger, TX 76266 Argyle, TX 76226 ,f r Walter W. Schertz Route 1, Box 704 Sanger, TX 76266 Julius B. Enlow [ S 1306 Mosswood Irving, TX 75061 A. W. Newton~ Route 1, Box 860 t !Sanger, TX 76266 , y t sr r f , YY~^ 4t ph i~,?p $ -h - i r t •1 '6 Ws Lry +et e, $'J4 ire k Cr t l M i ff --71) k vi o s, 1 t &kr trAct o~ rf 7_ 1 s a r•_.L__ lip III I - r~.. +c1' ' ~poCT 0 I'\A . hr,ao 1 _ I-ALA 17-Al ' P,_ 1 All LV'f LA "r e r, 0 -r r. _ ,h j ~ ~r i ~ I 'L er kr s i 1 vV\ 1 T d r 1 ' C )4L V\lnn f ' i ~ y r y r o ~ '1Ce S' 1 SlAfi r u m r l~ 9&,. 0 M I C-/ _ ~I 'a 0 t I ~ o r r 4t < e as s'f' i I eio u 4 ~r 7S ~ 44 q~R/I PJ r a 1 S c ►J C ~duo In ~ r~ ~ . cc i Rr~ er- ~ l ` 14 t 1- o l \ 17 N r i~ La y C,57 na _ rr I y I~I S OK• f jl vo• 4rhrr~rr IVA - II •46~+. a ~Tn~~ /p f :,..;1~.;.. 96 Lo t • lS rTcr.a 1 i1 r`n S .f ~,s. '7~ .//'IbS~. a r / rlt~ Ol0 J/n1Prr TJ ~~.16~ ~ 1 Rf• ~J ~ B .Jew r46f. reYf a0 ~ r ~ j~ f ' )u. ~RI~n( ~!r11~t1raf C~Yr~4 rf/A Y 3 I a ` 'rr s, 3 't Y F,; I ' I , °G n; NOp ✓<c ins s i ;Olt CC1Cra~0 $pal~ Ir1. /[plJrr►rl .Sw rl Th F! 'rr.0 31 r„ ~ ALrr; L ^ {I I r!1 - rY J ~4rA ~trn ~rI~1aL~ ~~LV ~r• / .N-4 + r ~)u♦ AYOieI~. C.phLPi! CMfPI• Ij 3' r4~L q y'rryf YI ~ 1 r kw, t, iM .9crLy 4AIZ4t;-1~ .W ^6 2e / f J ; C• C. c. a# la e Yi 11M11a~ P.rfArrp~i~ AM tiafA• 'r'` 4bs dw7 rr.YF 1~(r`` 3.3.29 ALr a-v•~ ; ra j I r1i l 1 i` 9 r i n , v " e3 Y 1% IF,, IS 4 .1 J P. 0 P p. f1 ~0 4 P'fgO., rA, AL r? Its d 4! /S"16 V /Z 4c e. + , II vA ' xt Abs . R Yl is k b, F: p. J a $ 1 4 A + lo.v ~~e E'm Jc. pr, ~c y lxi t G~=" F e.30n 5z~ .a 76201 • k i w J + P.• r r~ w ,o q, t"7 4 A t rel N :'SA ~ r t TTT,,,„ ~;D: +1 r a' ' • IF x 4 _s p k Z Minutes July 8, 1987 Page S 1 inquiries :bout property In the Milam koaa area for annex- ation and development. This is being stemmed from the I construction of Loop 218 and the lexas instruments plant, She said that there are questions about water and sewer in this area and the city !s Capable of servicing this area, ? She added that these services are in tAe master plan. She said that there is no specific date but there is an inter- est in the area and sts E feels that development of various kinds will occur in the near future. RLBuTTAL: Mr. Burke stated that it would cost the peti- t oT ners $50-60,000 for the imptoveaents. He said that the petitioners and owner do not want to plat but only want to Bet o building permit and asked if there could be an auto- matte vacation date on the plat. _I j Mr. Holt asked if a temporary variance could be given, if Mr. Morrie stated that the plat could be vacated if the ppetitioner added no pernenent structures to the property. He said that if the Commission waived the plat for this type of development, then where would the Commission draw 11 the line in the future. He said that there is no way to give a temporary variance but there is ■n alternative, deferral. Chair declared the public hearing closed, DECISION: Mr. Claiborne stated that if annexed this property could be ■ legal non-contorAin$ use for light industrial, he said that the Lity Council wanted a tight rein on variance requests. He said that the subdivision regulattons do not Intend to destroy the residential character of in area but the application of these reguls- tlons might have an intent to destroy the character. He said that this is a county road with few residents that has a rural character. f Mr. Morris said that under the deferral section of the ordinance the money could be put in escrow or into a bond and if use is discontinued after three years the money would be returned, if in escrow. If the use is still in w existence, the city could require that the improvements be made, E c As. Brock stated that the problem is that variance re- quests in the ETJ always seem to be burdensome. She said that In the future they will be burdensome on the taxpayers In the long run, She said that whenever possible new de- vetopmeet should pay the cost. She Bald that she felt within the next 4 years there will be development along s the highway and in this ores. Mr. Holt stated that the temporary nature of this proposal bothers him. H9 sold that he has no problem with granting the variance on the sidewalk but he has a problem with the perimeter street lmprovements, Mr. Claiborne moved to deny the variance request for perimeter street improvements and approve the variance request carriedk(Se2jlreMs. Brock Seconded and Ms, bkikMr. er voted no. b. ~j164, petition of City of Denton requesting agricultural toning on 212,11 acres located 250 feet east and west of the centerline of 1.35 N for a distance of 3 1/2 miles from the existing city limits. The property It part of the I. Coy Survey, Itt2; J, Ayers Surrey, 121 B, buelelon Survey, 16s; N. Coker Survey, 1149, and tha R. Johnson Survey, 1666. (Annexation is pending on the property,) P 6 2 Minutes July 8, 1987 Page 6 Thirty-two notices were called to property owners within lOU feet; one reply foru was received in favor, no reply forms were received in opposition. F'ETITIONLk AND STAil, REPONT; Ms. Carson stated that the - la City oo anion repea a an annexation of a 7U0 foot strip on May S, 1967. The property I$ currently being annexed as a SOU foot strip to be completed on August 18, 1987 unless Councll changes the schedule. Property annexed by the City of Denton Is assigned x. temporary agricultural zoning until a permanent zoninf district Is aroved by the City Council, In order to eliminate cenfppppllct and to legally control land use on ann,•xed pproperty the staff f will be processing zoning request- with annexations. The narrowness of this property does not provide staff with an opportunity to prepare a detailed plan for the corridor. Iherefore, staff is recommending that the SOU foot strip i be asslgned permanent agricultural zoning. Many of the tracts that abut I-DS are residential and agricultural. She added that Love's Truck Stop is the only business that will be included in the Su0 foot strip. IN FAVOR: Richard Muir, property owner on Rector Road, state that he is not personally elfected by this but has been asked to speak for Ronny and Lahonda Schertz who live at the corner of Rector Ra 1-3S on the south said that they do not want to be annexed but if annexed j do exppress a preference of agricultural zoning. he amid that 1t would be more prudent to stop the annexation just a north of Milam Road. Mr. Claiborne stated that the Council initiates annexa- tions. He said that they hold two public hearings and ' then refer the annexation to the Commission for recom- mendation. He said at the last meeting the annexation was ?3 recommended for completion by the Commission and now it is t up to the Council. Mr. Muir stated that he had a petition from the neigh- bore that they are against Claiborne stated that theepetition plant would location. tbettor i . served to the City Council aInce the Council is consid- ering annexation of that property. 3 Ms. Carson stated that tinal annexation of the SOO foot strip is August 14 by the City Council and the batch plant is not included in this annexation. She said the city is considerin ■nnexation of the Rector Road property and if annexed beore the batch plant is in operation it would 3 not be a legal nonconforming use. r Mr. Morris asked If the Duininek brothers had their state permits. Ms. Parson stated that the Texas Air Quality Control board denied a permit Eor the asphalt batch plant and the decision has not been appealed, She added that a pe nit has not been applied for fn regards to a concrete batch plant. spa Mr. Holt asked what phase would construction have to be In In order to be a legal nonconforming use. Mr. Morris otatedd thatte`here would have to be substantial constructlon OPPOSED: None present. Chair declared the public hearing closed. 1 nA DBCiSIONI Ms. Cole moved to recommend app royal of i-1864. aeon ed by Ms. Brock nhd the motion unanimously carried i ? 1889L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AGRICULTURAL ('A') ZONING CLASSIFICATION AND USE DESIGNATION FOR 212 ACRES OF ANNEXED LAND; SAID LAND BEGINNING WHERE THE NORTHERN CITY LIMITS INTERSECTS INTERSTATE HIGHWAY 35 AND CONTINUING NORTH ALONG ANC PARALLEL TO SAID HIGHWAY FOR A DISTANCE OF 3.5 MILES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, has annexed the land herein described; and WHEREAS, the City has determined that, in accordance with its comprehensive plan, the property annexed should be designated as an agricultural ("A") zoning district; and E WHEREAS, on July 8, 1987, the Planning and zoning Commission recommended approval of such zoning designation; r NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 'i SECTION I, That the 212.12 acres of land as described in Exhibit 'A", attached hereto and incorporated herein by reference, is hereby classified as an agricultural ("A") zoning district ur.der the comprehensive zoning ordinance of the City of Denton, 'eexas, and shall be subject to and governed by the regulations &pplicable to said district as provided for in Appendix B-Zoning of the Code of Ordinances, as amended. SECTION 11. That the Zoning Map of the City of Denton, Texas, adopte t © th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. rl 69-1, as amended, is amended to show the designation of the pro- perty described herein as an agricultural ("A') zoning district. I SECTION III. That the City Council of the City of Denton, Texass$hereby finds that such designation is in accordance with a ' I comprehensive plan for the purpose of promoting the general wel- fare of the City of Denton, Texas, and with reasonable considera- tion, among other things for the character of the district and for its peculiar suitability for particular uses, and with a view conserving the value of the buildings, protecting human lives and encouraging the most appropriate uses of land for maximum benefit to the City of Denton, Texas, and its citizens. i z ± y" I r c •i j A 1 tf~ 4 j t SECTION IV. Any person who shall iolate a provision of this ordinance or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, 11 shall be guilty of a misdemeanor punishable by a fine not exceed- i ing 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 viola- tions such person shall be punished within the limits above. SECTION V. That this ordinance shall become effecLive 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 (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1987. F ' r j l r I RAY STE?HENS, MAYOR r -ATTEST; r y 4r''i JENNIFER WALTERS# CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH# CITY ATTORNEY BY: I4 t~ ♦ Y '~1 1 ti } r l _ . r it hXhIbIT "A" I All that certain lot, tract or parcel 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 No, 2; the B. Burleson Survey, Abstract No. 65; ! the N. Coker Survey, Abstract No. 249; and the q i Survey, Abstract No. 666, and more Johnson follows: particularly described as BEGINNING at a point in the present City In the north boundary line oftracittsdescribedoiin Ordinance No. 69-40, Tract VI, said point also lying 250 feet west of and perpendicular to the centerline of I-3S; THENCE northerly 2S0 feet west of and parallel to the centerline of said I-35 tie following four (4) courses and Distances; (1) North to S8' west, a distance of 2,197.22 feet; (1) north 00 S3' east, a distance of 6,174.83 feet; (3) north 90 02' west, a distance of S,206.0S feet; (4) north 20 So' west, a distance of 4,897.93 feet to a point for corner, said point lying 250 Feet west of and perpendicular to the centerline of said I-35; 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 to the ^enterline of said 1.35; (HENCE southerly 150 feet east of and of said I-35 the followin four 4 para. ) courses and distances; (1) ' g south 20 $0' east, a distance of 4, 870. 66 feet 90 02' east, a distance of 5,222.4S~ feet; (2) south (3 west, 'a distance of 6,205,77 fret; 4) south 10 south east, 00 53' distance of 2,184.78 feet to a point for corner,S$aId int lying in the present city limits as established by the tract described in Urdinance 69.40, said point also lying 2SO feet' east of and perpendicular to the centerline of said 1.35; THENCE south 880 02' west along said present city limits, f ` assing at 150 feet, the centerline of said I-35 and continuin G for a total distance of S00, g 0 feat to the PLACE OF BEGINNINI; and containing 212.12 acres of land. t A t ' ^ 14 J. f w DATE: 08/18/87 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council fv~ ~Y15 FROM: Lloyd Harrell, City Manager R i SUBJECT: PUBLIC HEARINGS FOR THE PROPOSED ANNEXATION OF A 9.2154 ACRE TRACT f BEING PART OF THE J. EARLY SURVEY, ABSTRACT NO. 1279, AND THE TOAEAV FORREST SURVEY, ABSTRACT NO. 4179 AND BEING LOCATED AT THE NORTHEAST CORNER OP }LINGO ROAD AND NORTH COOPER CREEK ROAD, (A-47) RECOMMENDATION: The Planning and Zoning commission is tentatively scheduled to make a recommendation on August 26, 1987. ° SUMMARY: A voluntary request for annexation has been submitted by the owner, Donald R. Curtis, The purpose for annexation is to permit the development of the property and n zoning request and preliminary plat have been submitted. The request also includes Cooper Creek Road, Mingo Road and the T 6 P Railroad, 9 AAgKGROUND: [t[ ' The property is vacant at this time. Safety Kleen and the Green p Giant distribution center are located to the south and the Cooper Creek Baptist Church is located vest. A sanitary sewer line is located in North Cooper Creek Road. PROGRAMS. DEPARTMg OR GROUPS APFE TB All departments involved in the develo owner. pment process and the land f City services would be extended to the pro*)erty, if annexed, but s. because of the existing City facilities and no existing structures an the property the impact should be minimal. The maintenance cost ~ry ii f n t Y.~ for Mingo Road would also be minimal. Rp sub Jtsds a<Z Prepared Dyt L1 CI Ccoile Carson v Urban Planner Approveds 9 ` David Ellison Acting Dirsator for Planning and Development r• 23896 Vim. pyyly~ri '~x.l N1 Air n. • i Y k 1801E 6 I I 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 territory described in Exhibit "A", attached hereto and incorporated by reference herein, to the corporate limits of the 1 City of Denton. ! A Public Hearin will be held b fore th Cou cil of the City of Denton, Texas, on the day of , 1987, at 7:00 o'clock P. M. in the i y Council Ch4os 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 heard. Of all said matters and things, all persons interested irs the things and matters herein mentioned, will take notice. A Public Hearing will be held by a ,,JJeee,ffore th ity Co ncil of the City of Denton, Texas, on the tllbday of , 1987, at 5:15 o'clock P. M. in the C It Council Chain rs of 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 ` heard. Of all said matters and things, all persons interested in + the things and matters herein mentioned, will take notice. t' ti r RAY 5 PH 'S, MAY R ~i ATTEST: JE E LT AS CITY SECRETARY A-47 1 EXHIBIT "A" 1 ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. Early survey, Abst. No. 12799 and part of the Moreau Forrest survey, Abst. No. 417, and also being part of a tract of land as conveyed from D. 0. Jones and Shirley Jean Jones Catter to Dan Christie, Don Curtis, and Bob Houser by deed dated March 13, I 198S and recorded in Volume 1724, Page 84 of the Deed Records of Denton County, Texas, and more particularly described as follows; BEGINNING at a point lying in the present city limits, said i present city limits established by Ordinance No. 6S-43, Tract 1, said point also lying in the south right-of-way line of the Texas b Pacific Railroad, and the *oest boundary line of said M. Forrest survey, same being the east boundary line of said J. Early survey; THENCE North along said present city limits and said survey lines, passing at S3.90 feet, more or less, the centerline of said T. & P. R. R. continuing for a total distance of 107.80 feet to a point lying in the north right -of -way l ine of said T. 6 P. R. R., sari being the south right-of-way line of a northeast-southwest public f road known as Mingo Road for corner; THENCE north 00 21'17" east along the east boundary line of said J. Early survey, same being the west boundary line of said M. Forrest survey, pasting at 64.SS feet the north right -of -wty l ine of said 'dingo Road, continuing and along the centerline of a north-south public road known as Cooper Creek Road, a distance of 785.87 feet t,) an itan pin, same being the northwest corner of said M. Forrest survey, said point also lying at an ell corner of said Cooper Creek Road ' THENCE north 890 IS' 12" east along the north boundary line of said M. Forrest survey, same being the centerline of the east-west portion of said Cooper Creek Road, passing the intersection of the v centerline of said Cooper Creek Road and the centerline of an E east-west county road, continuing and along the centerline of said county road a distance of S7$.I feet to an iron pin for corner; rr THENCE south 20 26' east, passing at 19.83 feet t1:e northeast corner of said tract, same being a fence corner post, continuing along the northerly east boundary line of said tract, a total , distance of 260.SS feet to the easterly southeast corner of said tract; { THENCE south 730 58t 5 t' I boundary line of said tract, aedistance goft 160.94 northerly ytosantinner ell corner of said tract; A-47 i. F j1 THENCE souty 020 3s' 3511 east along the westerly east boundary i line of said 'tract a distance of 244.03 feet to the westerly. southeast corner of said tract, same being the north right-of-way line of said Mingo Road; THENCE suuth 210 56' 1211 east, passing at 60,0 feet the south right-of-way line of said Mingo Road, same being the North right- of-way line of said T. 6 P. R. R., passing at 110.0 feet the centerline of said railroad, continuing for a total distan:e of 160.0 feet to a point lying in the south right-of-way line of said railroad for corner; THENCE south 680 03' 4811 west along the south right-uf-way line of said T. 6 P. R. R., a distance of S46.67 feet to the Place of Beginning and containing 9.2154 acres of land, more or less. ~r i f i ll 71h 1! A ~9 J f.,4 ~y r aapl y ~ Fr' rf 4 v~ r bin I.. + A r i r LL ,,hV i ;a A-47 a G a+ ~ + i j - , PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 990a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as i. amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I, Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, s and other traffic control devices will be installed I as the need therefore is established by appropriate ' study and traffic standards. i B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force will be Provided . on the effective date of annexation. yt F C. Water (1) Water for domestic, commercial and industrial use a` will be provided at city rates, from existing city lines on the effective date of ^nuexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed .yeas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, 'texas. E. Refuse Collection a.. (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. r a Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous s chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and otter such major improvements, as the need therefore is determined by the governing body, will be accomplished under the cstablished policies of the city. G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area 3 on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the a x established policies of the city. J. Recreation i (1) Residents of the annexed area may use all existing recreational facilities, parka, etc., on the effee- j. s tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. i e t i r' Service Plan t Annexed Areas Page three E L. Miscellaneous 11 (1) Street name signs where needed will be installed within approximately 6 months after the effective j date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as; i (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other arias, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, s (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP plani:in year the annexation area will be ,)edged accordingly to the e same r° established criteria as all other areas of the city, r~ t :4k r r r' r 1 r k ~ i t fi E d M1. p a 1 l6,~ i 1 m 1 1~ 1 .B r . n i.!:raYJ,. a'.., ..r : nr'~rOVaTM ~ it X14 r , F f 1 F i \ J r>Ie V • ~ Y 47 14 ~ Po•+ai L I V 1 P , I f1 I uJ 41 • ` ti . + A 3 PD-64 A SF-10 t S•128 i ~ PD" 73 34 t f 1 ANNEXM ION SCh6LULh A-47 i i August 04, 1987 City Council sets date, time and place for public hearings August 07, 1987 Notice published in Denton Record Chronicle for first public hearing s I August 14, 1987 Notice published In Denton Record Chronicle for second public hearing August 18, 1987 City Council - first public hearing August 25, 1987 City Council - second public hearing August 26, 1987 Planning and Zoning Commission makes recommendation f September 15, 1987 City Council institutes annexation September 18, 1W Publication of ordinance in Lenton Record Chronicle E, October 20, 1987 Final action by City Council 1 r 1 1 f . 11 h T r : 11 'h i 11114 1 y~.J 1 >t' f, ayr 1 11 r i ' i 1 ~ ~Pr y . 1 4~1YIFi~w" _...-.,^e ,r. y.,•.,s ..:wan ;..o t M , ~ »a rciv. n6v4-.y;7 an.R-M tea. r t i DATE: 08/18/87 CITY COUNCIL REPORT FORMAT n TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PUBLIC HEARING FOR PROPOSED ANNEXATION OF 24.39 ACRES LOCATED IN THE B. BURLESON SURVEY N0. 65 AND THE J. AYERS SURVEY NO. 2 AND SITUATED WEST OF I-35 AT AND NORTH OF THE INTERSECTION OF RECTOR ROAD. (A-50) ECO NDAT! N: The Planning and Zoning Commission is tentatively scheduled to make a recommendation on August 26, 1987. SUM MAR 1 The property is the site of a proposed batch plant. If the property is annexed, it would be consistent with our policy to protect the City's interest in development. BACKGROUNp: The property is removed by a considerable distance from an urbanized area of the City. Water and sewer lines are currently not " anticipated to be extended until 2000 by the City of Denton. The t a land is being used by the contractor for the State Highway Department as a maintenance yard. The major concerns are land use I control, aesthetic quality, and relation to the community. The land use would be in conflict with the Denton Development Guide. P GRAMS D8PARTM, 0 GROUPS AFFECTED: F <<+ All departments involved in the development process, the land owner, 0 and developer. ~IgCAL I!'lA~$T° At this time, fire protection would be the main concern. A building f has been constructed that would require City services. Re atfully s ttedi A Prepared byi y Harre 1 ty Manager ll'~.u ak.~.Ot✓ Ceolle Carcon urban Planner Approvedi David Bllilison an r D Acting Director for Planning and Development 23928 u 0 1872L i 4 k NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HERESY GIVEN TO ALL INTERESTED PERSONS THATt f The city of Denton, Texas, proposes to institute annexation f proceedings to alter the boundary limits of said city to add the 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 a~~d 9fore the City Cou Cil of the City of Denton, Texas, on the lJf7 day of 1987, at 7.00 o'clock P. M. in the C t Municipal Building of the City of Denton, Council formalls o the eons interested in the above proposed annexation. At said tip e rrand place all such persons shall have the right to appear and be heard. Of all said matters and thins all the things and matters herein mentioned, will take noticeerested in 'a A Public Hearing will be held by nd efore the City Co ncil ` of the City of Denton, Texas, on the day of i, 1987, at 5.15 o'clock P. M. in the C ty council Cham rs 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 heard. Of all said matters and things, all persons interested in +rr the things And matters herein mentioned, will take notice. RAY P NS, M 011 it ' ATTESTi A ' JE A TERS, CITY SECRETARY A-50 Cot i+ 3 EXHIBIT "A" ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of a tract of land as conveyed from S.R. Rector, et ux to S.D. Rector by deed recorded in Volume 247, Page 410 of the Deed Records of Denton County, Texas, same being part of Lot 1, Block A of the Recto. Subdivision, an addition to the County of Denton, and also being part of the J. Ayers Survey, Abstract No. 1, and part of the B. Burleson Survey, Abstract No, 65, and more fully described as follows: BEGINNING at a point in the present city limits as established in the tract described in Ordinance No. 87- said point lying 250.0 feet west of and perpendicular to the centerline of IN 35g said point also lying In the centerline of an east-west county road known as Rector Road; THENCE south 820 00' 00" west along said centerline of Rectoe Road a distance of 1033.58 feet to a nail for corner; ~t THENCE north 070 28' 00" west passing at 40.0 feet an iron rod lying in the north right-of-way line of said Rector Road, samf s' cl being the southwest corner of said Lot 1, Block A of the RPrtor Subdivision, passing at 150.0 feet, more or less, the north ` boundary line of said J. Ayers survey, same being the south b total oundary line of said B. Burleson survey and continuing for a distance of 620.68 feet to an iron d for point being the northwest corner of said Lot l, BlockrAeof said subdivision; f THENCE north 826 51' 00" east along the north boundary line of ~tw said Lot I, Block A a distance of 891.69 feet to an Iron rod for corner; THENCE south 700 24' S7" east along the northeasterly boundary line of said Lot 1, Block A a distance of 192.38 feet to a point ? for corner lying in the present city limits, said point also lying 250.0 feet west of and perpendicular to said centerline of said IN 3S; 1HENCE south 4° 12' S4" east (by ordinance south 20 SO' east) along the present city limits a distance of 519.48 feet to the Place of Beginning and containing 14.61 acres of land, more or less. u A-SO 1 PLAN OF SERVICE FOR ANNEXED AREAL CITY OF DENTON, TEXAS t WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ' j{{ OF DENTON, TEXAS: t Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, r" and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B. Fire (1) Fire protection by the present personnel and equip- E ment of the fire fighting force, will be provided ; on the effective date of annexation, 1 C. Water (1) Water for domestic, commercial and industrial use will be provided at eicy rates, from existing amity lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4,09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. . ~t E. Refuse Collection . U (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, r t Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. i (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. j ' (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 b•P the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area » on the effective date of annexation, Y H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city *3 will extend to the annexed area on the effective T' date of annexation, City planning will thereafter encompass the annexed area, I, Street Lighting J (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 A recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and s, policies now used in the present city will be fol- lowed in expanding the recreational p+ogram and facilities in the ez.larged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. y'> ~s rxc~ , i r L Service Plan Annexed Areas Page three r L. Miscellaneous i (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II, Capital ImproveLient Program (CIP) The rip of the City consists of a five year plan that is up- anes yearly, The Plan is prioritized by such policy guide- d li: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problem.e compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, a ! id) Impact on the balanced growth policy of the city, (3) Impact on overall city economics. , The annexed area will be considered for CIP planning in the . upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be fudged accordingly to the same ;g established criteria as all otter areas of the city, n+, %r va i . i a t ~ Pi ^ qG iY 9 i + T 7e- v ~ • yr\ ~OUck • v u C r e e k ivaA Rd 25 rrsi ~41r-'R v I c if 1 a C dr~ ° 0: d s r' I ~ - I V V r b b: v ~ f s I N~O~ a `o A. oil. 29 r (e •Oi V. r f3on:lr,- ; ifholl oK*- •:w. lid ~'f tit., F ,,..1 • 7~r~'fjrrf." y 4 ANNh W11 N SCNkUULL - A-5U August 04, 1987 City Council sets date, time and III place for public hearings August U7, 1957 Notice published in Denton Record 'I Chronicle for first public hearing August 140 1987 Notice publishea in Denton Record Cnronicle for secona public hearing August 13, 1987 City Council - first public hearing August 25, 1987 City Council - second public hearing August 416, 190 Planning and Zoning Commission mattes recommendation w September 15, 1987 City Council institutes annexation September lb, 1987 Publication of ordinance in Denton Record Chronicle s, October 20, 1987 Final action by City Council Ji g =9+f 1J7 Il R 11Y~ 1 1 ` 1 1 x z S~r y t i 51 1 A if", L! vbn 4 9 i DATE: 08/18/87 CITY COUNCIL REPORT FORMAT 1 9 i TO., Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Preliminary Plat of the Denton Municipal Utility Addition, Lot 1 of Blocks 1, 2 and 3 i RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of August 12, 1987. SUMMARY: r: BACKGROUNDS i >~c .Y PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: 1!~• s! FISCAL IMPACT: Re spec lly submltt d: z' oy a re i' City onager Prepared byt . 4 Denise Sp~- Urban Planner Approved: a4 David Ellison Acting Director for Planning and Development y Y s' L r CITY CUUNCIL AGENDA BACK-UP SUMMARY shhhl MEETING DATE: August 18, 1987 SUBJECT: Preliminary Plat of the Denton Municipal Utility Addition, Lot 1 of Blo^ks 1, 2, and 3 SUMMARY: This IU3 acre tract located on the north side of Spencer Road approximately 140 feet east of Woodrow Lane is the site of the City of Denton electrical generating plant and the water treatment plant. The I property is zoned light ~ Industrial (LI) and agricultural (A). An expansion and upgrade of the water treatment plant is proposed on the site. i Adequate water and sewer service is available fr t via onsite lines. The northern most section of the property will be dedicated as a floodwa r y easement. Gra t din8 plans should route drainage flow to floodway or onsite pond, kight-of-way is provided for the extension of Morse Street in the northeastern section of the property. An attached memorandum from David Ellison, Acting i 4 Director of Planning and Development, addresses the required improvements for Spencer Road, I ri ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: Planning 4od Zoning Commission recommended approval at its meeting of August 12, 1987, ALTERNATIVE: Approval ATTACHMENTS: 1. Reduced plat 2. Memorandum from David Ellison a 2S24g 1 i If b 11iI Nr 7 F I;y • « _r. n,~~,---~-- - J -T, i roo Cl 1rJ~ ( f ht\~ r l _ . IMI N .Ir I 1 ' k 4 ~ J i ( 1111 _ _ • k ~ mot. •=~'~t' ~ ~ - I ~ OIfIMJO Llw•Jw1. i / 'S~~ ^l~ 1 ~ 1tl.M.M' ~ ~ f . dl, MET'ROPLEX ENflINEERlNO CORPORATION nIM ,.V OW om IM ft" C*ftx MAI r CITY of DENTON ' DENTON, TAXAS'N20 f MEMORANDUM DATE: July 31, 1987 TO: Jerry Clark, City Engineer FROM: David E111son, Acting Director of Planning and Development SUBJECT. DENTON MUNICIPAL ADDITION The preliminary and final plat of Denton Municipal Addition has been submitted k by the City of Denton Utility Department inr review and approval, The plat will satisfy the basic requirement of having a legal lot of record approved prior to construction activity; however, . public tmprovemence are not being Imposed. ThetUtilityeDepartmentnisrconted strutting an approximately 20' x 20' building oa the grounds of tha water treatment plant and upgrading other aspects of the facility. ay. 1 r I consulted the Legal staff regarding the applicability of all subdivision and land development :equirements to City of Denton public projects. I was informed that the extent to which we impose the specific portions of the regu- lations is an administrative decision as opposed to a legal one. Based on " this feedback, my decision was to not require perimeter street paving and f related improvements because the cost of doing these improvements was not 3 anticipated when this project was budgeted. ~ ~ t Ii y` The Development Review Committee expects public f like private developments as possible when it comes~totfollowingrstandards ofh the Subdivision and Land Development Regulations. In the future, departments 4 I• will be asked to involve the Development Review Committee in early discussion of requirements that will be imposed on their projects, David Rllison gr cc: David Ham, Director of Water/Wastewater Utilities 25078 r ` i I k L~J CITY of DENTON DENTON, TEXAS 76201 M E M 0 R A N D U H TO: Mayor and Members of City Council i FRU;a: Victor Schneider, Tax Technician THRU: William J. Anderson, Controller SUBJECT: Approval of Tax Refund for Allied Bank of Dallas DATE: August 10, 1987 RECOMMENDATION: Tax Technician recommends that tax refund be issued. SUW'MARY: Chapter 31.11 of the Texas Property Tax Code requires the appro- a val of the governing body of the taxing unit for refunds in ex- ' cess of $500.00. Taxpayer, Allied Bank of Dallas, has requested a refund of $3,573.40 for a duplicate payment of City tax account number 4450-00400. BACKGROUND: During foreclosure proceedings, Allied Bank of Dallas, paid taxes for 1985 and 1986 twice on account 4450-00400. Our records indi- cate a total of $3,475.50 was paid against a 1965 tax balance of $1,737.75 and a total of $3,671.30 was paid against a 1986 tax 3+ balance of $1,835.65. Allied Bank of Dallas is requesting a re- fund of the difference, $1,737.75 for 1985 and $1,835.65 for 1986. FISCAL IMPACT: 6;? $3,573.40 to be refunded. Respectfully submitted: Victor Schneider Tax Technician Willie j Anderson Controller GD:gd 4 Ile phaeeWe AM Application APPLICA'T'ION FOR TAX REFUND AM 31.11(4192) ollecting Office Name: City of Denton Tax Office ollec ng Tax For: _ City of Denton - [Taxing Units) 215 McKinney Denton. T xac 76201 ddrge ity, State, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r order to apply for a tax refund, the following information must be provided by the taxpayer. )ENTIFICATION OF PROPERTY OWNER: iamw Allied Bank/for Roffino-Walters Properties ddresa: P.O. Box 140000 Attn: Cheryl Bishop _ elephonsi Number (if additional information Is needed): (214) 823-9924 i )ENTIFICATION OF PROPERTY: lescription of Property: Colle¢e. Block 9 of 2 ddress or Location of Property 1011 Chestnut tr t kccount Number of Property. 4450-00400 or Tax Receipt Number. NFORMATION ON PAYMENT OF TAXES: dame of Taxing Unit Year for Amount of 'rom Which Refund Which Refund Date of the Amount of Tax Refund Requested Is Requested Tax Payment Taxes Paid Requested City 0 DeDent.onl, 86 6-29 r19 87 $ 1,835.65 ZitY of Denton 19 86 6-30 119 87 s 1,835.65 $ _1,835.65 Cat of enton 1g ~ 6-29 119 87 $ 1,737.75 tl of Denton 1985 6 3 0 1 / TS-7- 1,737.75 ~ 1,737.75 111 Total Refund $ 3•S73•.~~ raxpayer's reason for refund (attach supporting documentation): ; Duplicate payments on both tax years by mortgage company Copies of both ' canceled checks attached. "I hereby Apply for the refund of the'abovedesed taxes and certify that theInform ati I have givenonthis form III I3 tru an correct" Signature Date of App a lion or Tax Refund ` ~r..,rr.rrrrrrr .l rrrrrrr rrr rr rrrrrrrrr I DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Oats Signature of Presiding Officer(s) of Taxing Date ii Unit(s) for refund applications over $500 Any person who makes a tales entry upon the foregoing record shall be subject to *"of the fo%*Mg pe whi ; 1. Imprisonmenl o l not more than 10 years nor lee then 2 years and/& a one of not more than 1!,000 or both such Ine and Imprisonment; 2. confinement in )all for a term up to 1 r Nr or a ens not to exeeed 12,000 or hoM such this and Imprisonment M 00 foal In 1NCpoR;1.10, Penal cods. OV00 7, r1 30 COLLECTIONS i. I ~L I ~ I r i 1 l 11 f 1 . Es'. rq~, i 0 ►0 lk t lnbi0. au.u~s,fou{{rN~~b01•lt~M1tIP1 CAI a ~f614lfte, tt.lttr~ti PAY roll ~ttt~rSt~ OfUlitl A40 41 QCttiv'p ' 1;~ U ~ V U I ~..i ar: r Irr nr flrr+l+rH - T++ SfSr'" J rrr nl.'Tlio'r rrtl,s _ , y lest ter r y ~USir11U~ K;1t)LP►SSt: lU pClSU 4r eoot)o15f•~4d~t il.. F.t4,1~M7, :C, dint GS „~'.3t to +~+h3 v~! ~lwl 'r 1 ,.OG i l.l,'y...4h F ( t,ary lw .`h ~..1 ' »'t~fj•~(~U•~~''}~~t4 41 i}'~, ~.f ~Yt I,~P'~j~ r'•v ~ ~ mil,. py' t~~ \tl, 'i hall^l IJ,~~ 1, CI r.~ I Sy.~F ~~w~rl•' ~4~„~~~~4+~~1~~~~~1[l A•~kJ~~i~' i~~~~ lvrM, T~} a, laX p r'.,'. •1 45 13~, C ]a ,._a yyr,, ~ It. I I ~ tY irf r IF 1 I , 1, ; ,p f,~A ~`,'``1N"~S[,]iaX IIIYk_~~~tx ~Y r~~ 1lir~ 1ir\'' a~' F~ a£ 't t4~ 1 CS f. ~ + ; y I ! r ! a; T'k ,14-• 1`~S r~." ~"tv~ ✓ ~ ~f~ tl~~! (f~ pit pS yir~. >11 '~pl i ! r :1 ~ r. y'~ yl~,.♦11,5 ~~'AFM Nt.. ;.i+ i 1 Jl r. Mawr p f 1 { v i. k er. r .,k t .+f;r'~1',. J t ~'•'L, } v t; 1'111 ~ t .~~E `T ry`.~U+r~~kkf`r~ J ~ PCODO.Ot1.4 ' I ,_FI . s ~ 1 41 ,.~M1 1 r' S p ~ p _ Y' . - y , .LLIF.O ;4nRTHF.AST BAq&( CHECK f 31144 NO, t P.O. BOX 140000 • DALLAS, TEXTS 75214.M . 2141823.0924 t.X11!!FtckC1--..r.*p tf:1C:VAs -AMOUNT PAY (MLY *00*3►573 DOLLARS AND 40 C NTS U6yyl~~?6/87kk~ S30573 M a~ 1 ~.j V 3 ;r fi, TAX ASSESS" COLLECTOR to CITY.' OF: DE N704 a~osnl~k , .°i{ r1~ 573~+?T'w'~,I~ ; ~ ,Is 1l r 'i :I 1 {.?a• .il Siw'~~ 1'~~,L! ",i~ -_~1.. E ~I r a`., 1~(;` 4r4aurouop!uLowknao!+~ al i- a MQ3L~4~.'ti:L~i9L~~155i,+. ~~rLO r~C1 4w' trafi vobod303 a w } r i l .I' , I J.. 1 k s~! p3~ C"A 11 f.~"~i}.~}" ~rj aw~.y fi~.:l~.l',!~.'~~ r"v~ 1t'•-,~i 4 t' , 1 q s 1t+w~ r a?• i p w ' r iif n~ry1'f`~sa~p~~irFq~{1~ti-1;+r -.c .'r.all .Y:"7'f Irt ~ , t r 1. "'(Y. rat ~t~~+~~`~rl v yv4r1 ,a 4~ , . c Fsrv:s.'~,.I, ~4' . CITY of DENTON DENTON, TEXAS 70201 , M E M O R A N D U M TO: Mayor and Members of City Council FROM: Victor Schneider, Tax Technician I THRU: William J. Anderson, Controller v SUBJECT: Approval of tax refund for Dr. Ed Wolski DATE: August 10, 1987 RECOMMENDATION: Tax Technician recommends that tax refund be issued. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the appro- jAl val of the governing body of the taxing unit for refunds in ex- cess _)f $500.00. Taxpayer, Dr. Ed Wolski, is due a refund of over,,aid amounts on property tax account 8210-00300. BACKGROUND: r . Dr. Wolski has two property tax accounts which he pays yearly taxon, in es the a land timely being n taxed on Earlier account this year, it was v 8210-00300 has also ered " been taxed under account number 8210-00301. The Denton Central 3 Appraisal District corrected this error,by removing account number ~a}yrtc,, 8210-00300 from the roll for tax years 1983, 1984, 1985 and 1986. Deleting amounts from these years has created overpayments total- ing $1,158.60. Pursuant to Chapter 26.15 of the Texas Property r~ Tax Code, Dr. Wolski is due an automatic refund of this over- a payment. v FISCAL_ IMPACT: $1,158.60 to be refun-led. hT1~ •d ~'H~'~ ' Respectfully submitted: v. b +=ti f.' Vic or Schneider Ta Technic an Willi rJ Anderson ,a Contr or GD;gd nrProp" Tax eased APPLICATION FOR TAX REFUND rlund Application 71.1111/12) ollecting Office Name: City of Denton Tax Office electing Tax For City _ (Taxing vita) 215 E. McKinney Denton. Texts 76201 ddreas :ity, State, Zip Code 1 order to apply for a tax refund, the following Information must be provided by the taxpayer. )ENTIFICATION OF PROPERTY OWNER: tame: Dr. Ed Wolski ddrees: 1701 Broadway Denton Texas 76201 'elephone Number (if additional information is needed): OENTIFICATION OF PROPERTY: )ascription of Property. A0031, R. Beaumont Survey, Tract 21(2A) Wdress or Location of Property. 4ccount Number of Property 210-00300 or Tax Receipt Number. NFORMATION ON PAYMENT OF TAXES: Jame of Taxing Unit Year for Amount of *rom Which Refund Which Refund Date of the Amount of Tax Refund s Requested 1► Requested Tax Payment Taxes Paid Requested City of Denton ig 83 12-07 y tg 83 S 223.55 $ 223.55 City of Denton tg 84 02-07 i tg 85 S 252.02 S 252,_ ICity of Denton 19 85 01-31 y tg 86 S 306.19 S 306.19 ' City of Denton 1986 01-30- 1987 $ 376.84 376.84 Total $ Taxpayer's reason for rotund (attach supporting documentation): Dr. Wolski paid taxes for 1983, 1984, 1965 and 1986 on 2roner y lip ed twfte on the tax roll. The Denton Central Appraisal District deleted account 8210- 00300 Dr wolski has verbally~reauested a refund o mo °n A he paid- ` "I hereby apply for the refund of the above-described taxes and certify that the Information I have given on this form is true and correct" Automatic Refund August 10, 1987 Signature Date of Application for Tax Refund _ -r--- - - ~ DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date ° E ;E Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 Any parson who mO i ` a robe entry upon tM lerpoing record shelf be sub)ocl b one of Me follow!" penam"; 1. Impdeenrnerd of not mare Man 10 years nos lose than 2 years end/or a Ina of not mom then 1114,000 or boM° such floe and Imprbonmenk 2. confine isM in )all for a farm up to t year or a Ina nol to exceed 12,000 or bent such Me anA ImpMomnent as so loft In lSaaOon 21.10. Penal Code, ~sruw 1+°° 30 COLLEC 7 TONS ~ 1 1,/tt j ~y 1986 SUPPLEMENT TO: FROM: DENTON CENTRAL APPRAISAL DISTRICT P.O. BOX 1816 D--ENTON, TEXAS 76201 OWNER: C r++ l1 +C~~Sk 1 r ADDRESS: ; G CCk1AU.A rf ~C 1IL 4 4 I LEGAL DESCRIPTION:-!EQcJ3m Y '-I~ ~l C ~ R 1 r 'ice DISTRICT ACCOUNT f: ~y ~ - z Y' 3 III i f sd 7 CORRECTED VALUE: ` PREVIOUS VALUE: `I s LOSS R GAIN: I e w. + ~c SIGNATURE: (~}(1( V 3 _ COMMENTS: ~(J~~Q f ~Cy~~l>>C l~i~h Sao R 3 REQUESTEC BY:)im # f; t. I e IiI i 1 1985 SUPPLEMENT TO: a~)-emm FROM: DENTON COUNTY APPRAISAL DISTRICT P, 0, POX 2816 DENTON, TEXAS 76201 OWNER: I a LEGAL DESCRIPTION:_~Q~_~A DISTRICT ACCOUNT':KAio -003o0 I e "A CORRECTED VALUE: C~AP\P PREVIOUS VALTIE:~ ~ -Mo LOS OR GAM 5I SIGNATURE: 1 eiS}in► COMMENTS: REQUESTED BY t i 7 1984 SUPPLEMENT e TO: )QaA I rJ j FROM: DENTON COUNTY APPRAISAL DISTRICT P, 0, BOX 2816 DENTON, TEXAS 16201 OWNER,___ ~,1nIC~I E I C ADDRESS: ~I-~,1~, LEGAL DESCRIPTION; lm~omft~ hd 'Il DIST PCT ACCOUNT 0:SIa COR&TED VALUE: PPEVIOUS VALUE: rr LOS OR GAIN4- ,~9, q a,Ll X35 s~ r SIGNATURE: COMMENTS: A ' T5 Y hn 1 r ~r`y lY 1 L~ { r ytt ?r {fV, «ll, J. h., y d Y f A.t` i e I r, 1983 SUPPLEMENT TO: I FROM: DENTON CENTRAL APPRAISAL DISTRICT T.O. BOX 2816 j DENTON, TEXAS 76201 ' r ~ { owrrER• wcJai ADDRESS: ~C7I .J LEGAL DESCRIPTION: Y DISTRICT ACCCiUNT/: 4 6 40 CORRECTED VALUE: PREVIOUS VALUE: } a Da r LOSS 0 GAIN: a SIGNATURE: ; ~9~ f `rr 44 r t_ t COMMENTS: lQ tC~ a kJ ! Y} 4 ° z REQUESTED BY:~M r 7<,r x~ .r~r 'i 4 ! Nr r D 0923E i NO. i f AN ORDINANCE ACCEPTING COMPETITI%£ BIDS AND AWARDING A CONTRACT j FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. i 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 ordinances; and WHEREAS, the City Manager or a designated employee has l reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and , WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies' or services approved and accepted ' herein; NOW, THEREFORFS, ' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; f a, +1 SECTION I. That the numbered items in the followini numbered j, bids or materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT I 9763 ALL MOTOROLA COMMUNICATIONS $1,076,026.18 01 9766 ALL GENERAL ELECTRIC CO. 303,336.00 f i 9767 ALL CENTRAL ELECTRIC CO. 1190823.00 f 9771 ALL GLA55-STEEL, INC. _ 299748.00 9772 0 1 VAN TRAN 12,732.10 Y ' Vt 9772. 0 2,3 TEMPLE, INC. 36,301.00 ` 9773 ALL POLY AMERICAN 1040400.00 9.776 ALL WAGNER CORPORATION _ 23,000.00 is 4'a i I r SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approve and -accepted items and of the submitted bids wish to j enter into a formal written agreement as a result of the 3 acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute i the written contract which shall be attached hereto; provided I that the written contract is in accordance with the terms. conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. G SECTION IV. That by the acceptance and approval of the above I numbered items of the submitted bids the City Council hereby t ' authorizes the expenditure of funds therefor in the amount and in 1 accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein, SECTION V. That this ordinance shall become effective ` Immediately upon its passage and approval. E PASSED AND APPROVED this 18 day of August , 1987. e,~ r E PAY r r Ih STEPHE , MA OR CITY OF DENTON, TEXAS ATTEST : a JERNIFER WALTER CITY S9 SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: tN. DEBRA ADAMI DRAYOVITCH CITY ATTORNEY i'. CITY OF DENTON, TEXAS h, BY: a* PAGE TWO I I ~~r DATE: August 18, 1987 CITY COUNCIL REPORT TO: Mayor and Members of the City Council 9 FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID# 9763 800 MHz RADIO SYSTEM 'rr RECOI+ffENDATI4N: We recommend that the proposal received from Motorola ' Communlcatlons and Electronics, Inc. be approved In the amount of $1,076,026.18. •F x` 4 . SUMMARY: This bid proposal is for the basic 800 MHz Radio System including Other n departments will police, full operation sufficient be a Installation admaterials. services into This emergency added as emergenvy ency medical funds permit and as need is determined. BACKGR_OUND'i Tabulation sheet Memo from Ray Wells dated 814187 j RAMS DEPARTIFATS OR GROUPS AFFECTED: PROG j• Police, fire, EMS and Utility ` I FISCA` Certl![cates o! Obligation Series 1987A as approved by City t , ti Council, June 16, 1987. Il Re'spec Ily submitted: ~ ' z U Lloy Y. Harrell City Manager Prepared by. i New tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent ;'-qApproved: -r ;jf J n J. Marshall, C. M. Purchasing Agent. r. it j , CITY of DENTON DENT^ rntiis Tom MEMORANDUM I _ Tn: Rick Svehla, Deputy City Manger FROM: Ray D. Wells, superintmxkit, Metering S Substations ! DATE: August 40 1987 SUBJWT: 800 MHz TItUNM4G RADIO SYSTEM Sealed bids for the above listed project were opened July 14, 1987, at k 2s00 p.m, in the Purchasing Department for the City of Denton, Texas. We had one bid meeting specifications. This was the bid submitted by Motorola. The total pprrice on the system we requested was $1,295,602,58. This bid price was 5219,576.04 above our budget target figure. We have since had meetings with the Fire and Police Departments and have reduced equipment quantities =11,11.1y requested in the bid documents. The Utility Department aciously agreed to fund the software training costs and the stand alone reprogramcer has been incorporated into the radio maintenance section of the Electric Utility 0253 Division budget. the overall result of equipment reductions and Electric Utility funding ' has resulted in the total radio package to be purchased from Motorola costing a total of S1,076,026.18. Attached is an equipment listing as to types and pricing. We reo=aid this package be purchased as listed. i This purchase will pay for the complete fixed end or "backbone system" and all equipment required to place the Police, Fire, and Emergency ces to 1 operation. 80487085 Attachment cc: R. E. Nelson, Executive Director, Department of Utilities E. B. Tullos, Director of Electric Utilities f MMrRDIA i f =1 OF DENTON PRICING SLHWY EQUI W MID SERVICES/SUPPORT JULY 10, 1987 i ps.~p JULY 1987 67,447.00 CWrXLUR AOCESS'OPEIS 5,760.41 REPEATERS 75,615.35 k 26,358.50 f AN'TQY+N NETWORK 86,142.00 Sim SDIS ACCESSORIES 2,024.00 SW M MANAM ACCESSOR?ES 19291.35 CONSOLE FURNI7tu 18,856.65 CONSOLE E72CEMCS 197,338.60 CONSOLE ACCESSORIES 14,504.98 RELAY RACK 1,196.75 DYmgnC quFaw OONSOLE'= 8,445.50 PALM SUBF= CONSOLME 4222.75 t BACK-UP 00NSC{~UM 7:410.00 451.67 COINSOLEM ACCESSORIES RE'= DE.SKSETS 49079.40 M76Z'AR OONiRCI. STATIONS 16,003.72 { FIRE A]A19K DOOM RS 3,842.60 CON1R L STA M AOCESSURIF.S 2, 969.90 ROE= slam 9000E i enn 14046,750.22 Sioy or Kw m - REAR OCNPRCI. 207,784.85 ~r ST AOMSSCRMS POKLARM 40,459.58 } 2+OTAL 9199038.18 sqnymw SERVICES/SUPPORT I IIN,`PALiATICN 65 970.00 SYS'It IInEGFIATICN 31,018.00 TOTAL SERVICE/SUPPORT 96,988.00 1e4 w { ~r I! 'T'OTAL EQJnWNT AND SERVYCtS/SUPM 110769026.18 d y ti srdwsbw 1RDM487085 d J DATE: August 18, 1987 CITY COUNCIL REPORT t TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID! 97" POWER TRANSFORMER RECOMMENDATION: We recommend this bid be awarded to the lowest bid meeting specification of General Electric Company In the amour,t of $303,356.00 with delivery in 39 weeks. 4 .r rr SUMMARY: This bid is for the purchase of a 138KV113.2KV power transformer to be used in the duplexing of North Lakes Substation. General Electric Is the lowest priced transformer and also has the lowest evaluated total life cost. K + 1' BACKGROUND: Tabulation Sheet PROGRAMS. DEPAR11UT OR GROUPS AFFECTED: Electric Utility-Metering and Substation Department and Electric Distribution 1986187 Budget Capital Improvement Projects (CIP) Funds FISCAL 1M'ACT: 'r Account # 611-008-0253-9217-5638 ' t Re'spec ully subr:itted, *()d Harrel i City Manager pared by: ,y a Name: Tom D. Shaw, C.P.M. Titie:Assistant Purchasing Agent Approved: o n J. t3urn J. Marshall, C.P.M. lF~~, Ing Agent _ w• l~ P p~ r I l I I I I 3 I I 111 8 11766 I KL509 I POLELINE I PRIESIER I GENERAL I ASEA I HEAVY DUTY I CUMMINS I NESCO I I 111 TITLE POWER TRANSFORMER i ELECIRIC I ELECTRIC I SUPPLY I ELECTRIC I ELECIRIC I ELECTRIC I SUPPLY CO. I I 1 OPENED , 7128117 2111 P.M. I COMPANY 1 SUPPLY I COMPANY I I INC. I t 1 I 1 ACCOUNTI 611 118 1253 4211 I I i I I 1 I I I I 1 I I 1 S I I I I I ........................................t-.-----------I------------- i........ -1-------------I--•----------I------------- 1- I------------- I-------------t 1 I- QIT I LIEN DESCAIPIFON I VENDOR I VENDOR I „'19OR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I r I------------- I------------- L ------t-------------I----__-__..._I-----__------I--------°°-I............. 1-------------1 1 I I I 1 1 t I EA IPONER IRAVORMER I NO DID 1 3171232.11 1 377,413.11 1 313,356.11 1 317,165.11 1 121151 .11 1 ND 110 1 303,421," 1 ISHORT CIRCUIT TEST I I I I I I t 1 I I I I I I I 1 1 I INFO. I I ASEA I NC DRAW 1 6.E. I ASEA i M.I. I I NESCO I I I 1 I I I i I 1 I I I I I ID£LIVERV 1 1 11 WEEKS I 251 DAYS 1 34 PEENS I 201 DAYS I 318 DAYS 1 I 211 DAYS I I 9 -1 I I I 1 1 I I f I t 1 If00 1 I DENTON I DENTON I DEN7101 I D£NTON 1 DENTON I I DENTON I 1 { 1 1 I I I I i I I i t I I ; t 1 I I I I I I 1 1 k I I I I I I I 1 I 1 I, I I I I I 1 I i I 1 I ~ ~ 1 1 I t I I t 1 k t 1` I I I I I I 1 I I I i .I ~ I I I I k t I t i i i v~.uY. 4R4r,F ~'w+.-:•.Mrv.V M":.+vA.M.f.'Iy,M{µow'W~+.~prN..w r.~•+.w.~e..ygyUwl/{114MM.~ -.TM~`.M~YIKN{,\~Sf.Y tiW~~`fJ.(•Y'rNW.~WMih~tW AlM\~Y~~~Irc~{4rY'""~~~~ y ~ 1 { l DATE: August 18, 1987 CITY COUYCIL REPORT ji T0: Mayor and Members of the City Council Fr-OH: Lloyd V. Harrell, City Manager SUBJECT: BID# 9767 METAL CLAD SWITCHGEAR RECOIR,1E111DATI011: We recommend this bid be awarded to the lowest bidder meeting speclilcation, Central Electric Co• In the amount of $119,823.00 with delivery in 150 days. SUtSV1RY: This bid is for the purchase of metal clad switchgear with 2000 amp bus duct. This is a portion of the North Lakes Substation Duplex Project and will be utilized along with the power transformer on Bid N 9766. i BACKfRWND: Tabulation Sheet • P PR06RA11S DEPARTIUTS OR 6ROUP5 AFFECTED: Electric Utility-Metering and Sub Station Department P !N y+. FISCAL 111PACT: 1986187 Budget funds for Capital Improvement Protects (CIP) Account d 611-008-0253-9217 Respec lly submitted: 't' , i z Llo V. Harrell City Wager pared by: tK v F: a t , ~ z,• , Name. Tom D. Shaw, C.P.M. Title:Assistant Purchasing Agent x Approved, t 0 q n J. Marshall, C. M. r .j u4ARA J)S)~jpurchasing Agent ' A4 s r I I I I I I I t B11 1 9767 1 SENERAL I ASEA I CENTRAL I CUMAI,NS I NESCO I TD5411A I I NO TITLE SNITCHS£AR I ELLCIPIC i ELECTRIC I ELECTRIC I SUPPLY I t I I OPENED 7120181 2111 P.N. I I CO. I CO. I ED. $ t 1 1 ACCllllil 8111/11253-9217 1 1 1 1 1 1 1 I I 1 I I ......................°•-°--1----•°-------I-•--•-•------I I------------- I------------- I............. I--•------•---{ 1 I ITT I HER DESCRIPTION I VLNOOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I I -1 -I -I. _...i . .t- -I-1--•-- . { . I - I.' -.,I.. -I I 1III 1 I 1 E.' II EA IMETAL CLAD SNITCHSEAR I 13o,77b.ll 1 17414".11 1 119,825.11 1 151,5".11 1 141,261.11 1 I i 121114NP BUS DUCT I I 1 I I I I 1 I I I i I I I 1 I 1 j 1 1 I I ! I 1 2. `Ir EA INETAL CLAD SNIICHMAR 1 133,511.11 1 161,211.11 1 1170941.11 1 14514"." 1 143,361181 1 1551158111 1 I I 1121MMP SOS DUCT I I I I 1 1 7111 1 I I I t 1 I t 1 IND. I B.E. I ASEA I CENIPX I I.I.C. I NEST I TOSHIBA I I 1 I I I I ! I I 1 I I IDELIVERT 1 32 KEENS 1 201 DAYS 1 151 DAYS 1 32 WEEKS I 141 DAYS I I 1 r I I I I I I I I ! I IFUN T DENTON I DENTON I DENTON I IULSA,OK. I DENTON I DEWTON I i l 1 I I ! t I.P.A. I I I I ' I 1 I I I I 1 i I I `;rI ) 1 I I I k I I 1 "1 1 I I I I ! 1 I 1 rI 1 I I I S ! I ,,~{IV~1B.►a+.+~ w««.......+w.....war.x.w+8{K.'i».t'..e«,r..,u......,.,.......,,.,,.n...':.iw-A3.V1vYIwVV ul~:e'a.'.x-..m..w,:.;.w.:.sa.a.'ev... ;.i >r..,..._, ww.l..'.,.....,._. 1 t fit li e r Y 1 rIj I S i' 111 e 5 Fd . DATE: August 18, 1987 CITY COUNCIL REPORT TO: Mayor and Members of the pity Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID# 9771 FIBERGLASS GRATING RECONIENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications, Glass-Steel, Inc. in the total amount of $29,748.00. ' f SUMMARY: This bid is for the purchase of high strength fibergalss grating to replace several walkways at the Wastewater Treatment Plant, the lower price offered by .~ibergrate does not meet the dimension requirements on the five foot f material. 1 fA ; ;y' r BACKGAOUKD: Tabulation Sheet PROGRAMS. DEPARTIATS OR GROUPS AFFECTED: Maintenance of Wastewater Treatment Plant `r 3 FISCA.. 111PACT: 1986187 Budget Funds °i Account # 620-082-0470-8339 I.t? Reipe uliy submitted: i c r ~ t,x ~ ` i lFf Lloyd V. Harrell City Manager epared by; y x ' lx, ~'1 t', + r1 ! 1 i re;' Name: Tom D. Shaw, C.P M. Title: Assistant Purchasing Agent Approved: Ya ~ tn~D9 T 1 Gr. A YF'1>> S j~ ~ P t .1 1o n I Marshall, C.P.M. 11 tie; Purchasing Agent T / F i BID /9771_ SID TITLE RIRRRGi ASIXAMING_ GLASS CORR. FIBERGRAT AFC STEEL i ECH INC. vPF.NED VMj$7 2.00 m INC. INC. ACCOUNT l 620-082-0470-8339 ! TY, DESCRIPTIO VENDOR VENDOR VENDOR VENDOR VENDOR YENDOR VENDOR 653.00 _ _ L 38 16000 4 X 20 GRATING 682.00 648.00 636.00__ 3 16000 3X20 GRAIING 845.00 835.00 NB 832.00 _ 3. 1 14000 3 X 20 GRATING 1231.00 1,294.00 NB__ 1 273.00 4. EPOXY KITS _ 10.00 7.20 3.50 10.00 baIVERY _ DENTON FACT. _ DENTON 33 33-43 _ a - .r.~......u.-... ......r......,,a uw:,w,yWnw,v, wa..r,..w..... ...v..v.n.. awNra W K'..KeFNh-+1%s `.,it.Yd'-. y,a;y,:.wwrr w..rr.. rrwir. «...m, s.a..war....•..-... ,..~a.w..wwwwJlf+flw W~' K~ t Ill. Q~ " 1i4 i DATE: August 18, 1987 CITY COUNCIL REPORT i TO: Mayor and Members of the City Council FROM., Lloyd Y. Harrell, City Manager SUBJECT: BID/ 9772 DISTRIBUTION TRANSFORMERS I RECOI#IENDATION: We recommend this bid be awarded to the lowest evaluated bidder for each Itabrn as follows, f 1. 150KVA VAN TRAM at $ :,183.00 ea. or $ 12,732.00 2. 300 KVA Temple, Inc. at 6,488.00 ea. or 23,932.00 { 4 3. 1000 KVA Temple, Inc. at 10,349.00 ea. or 10,349.00 SUMNkAY: TOTAL BID $49,033.00 j This tdd is for the purchase of three phase distribution transformers. These items are replacement for Inventory stock. fne evaluation Includes cost of operatim In KW losses over the life ' expectancy of the transformer. BACKGROUND., Tabulation Sheet t, s:,yt, yr I PROGAA!!S. OEPMTIWATS OR GROUPS AFFECTED: Electric Utility-Electric Distribution Department FISCAL i11PACTs 1986/87 budget funds for purchase of transformers i f„ a~f Account p 611-008-0232-9222 "i'` i Re.pe fully submitted: ' 1 , +D f n 7~ ; w!tLS€ ' Li d Y, Harrell City Manager ~tir : y; s. J} ared byt r ,.,5, Name t Title: Tom D. Shaw, C.P.M. Assistant Purchasing Agent iww, ,fir Approved: f ohn 1. Marshall C.P. M. 1r 1 tl0f Purclinsing Agent , •.,.'i~ ~i':. ?'¢YI~r1KK~'It WAV.~^__. a ..w Y t: i e d~' e" 1 I I I 1 1 t I 1111 9712 1 POLELINE I TEXAS I PRIE51ER I ~4YBAR I ALAND 1 ARSON 1 DUSENBERY i I 1 811 111LE 7H PADMOUNT TRANSFIIANEA I ELECTRIC I ELECIRICAI I SUPPLY 1 ELECTRIC I TRANSFORAtA 1 ELICIRIC I CO. I I OPENEI 7128101 2111PN I I I I I 1 I = ACBOIINII 1 I I 1 1 I 1 I I I I I I I I I I I ........................I.............I..... ........L... - 1........-••••i......... _...L......,.....L..._..._....I 1 1 1TY I IIEN DESSRIPTI011 1 VENDOR I VENDOR 1 VENOOK I VENLOA I VENDOR I VENDOR I VENDOR I VENDOR I I•-.._..................I.....-•-•....t------------- I............. I............. 1._...._..._..I t 1 1 I I I I 1 I 1. 11 EA 1158 KVA IM218 I 7,214," I 1,664.11 i 3,510.11 = 1,2k2.11 i ; 3,211,11 i NO 1fD } 1 I I I I } 2. 14 EM 15" KVA 1211218 1 6,181.11 1 81451.11 1 41145,11 1 8,188.H 1 80314.11 1 51810." i i 1 6 I I 1 I 1 i. 11 EA 11111 KVA 2771481 1 81858." 1 I1,B51.11 1 111519,11 1 84811." 1 11,813.1} I B,7".11 I I I d ~ I I i rfl { INFO. I ABC 1 FAYTR I NTEMBRAN 1 ABC I PRO LEC I AK i I I 1 1 I 1 I t 1115-171 GAYS 1 t 1 IKI.IVEAY 1 14-24 NECKS 1 841 PATS 1 13-15 WEEKS 1 11.21 WEEKS I S1 LAl1 a 1 1 1 I I 1 1 ! I t t a I IFOB I UNION I KKTDN I DENTON I DENION i DE41011 i KOM ' 1 I r ! t ; I I - 1 1 I i I I I 1 1 I I 1 1 I i f I pine 1 of 2 r Na Y' c ......_ar'•...w w rY.~'rwr~rJS r an+ .r.a r ww ru.9.. M Yti+J+'.rd eT.• it 11~.•i. t I : wuw.w+.+.wm:.s. a...w....w.r.wr.w..w•'~..^,. ~ • _ m ~ t1 . r. . ti: K ti I I I 1 I I I I t I LED 1 9112 PAGE 2 1 SAN ANGELO I TEMPLE I VAN IKI I TEMPLE I CUMMINS I CUMMINS I NESCO I NESCO t I 111 TITLE 3PN PADMOUNT TRANSFORMERSI I INC. I I INC. I SUPPLY I SUPPLI 1 11 1 12 1 I OPENED 7128187 2111PM I I li 1 1 12 1 CO. 1 10. 1 1 ! i ACCOUNTI t I I 1 t 11 I 12 1 1 1 I t I I ! 1 I I I I I ........................................t------------- 1.............I __----_------I............. t _....._-....-1------------- t I....._°-•---I 1 I ITT I ITEM DESCRIPTION I VENDDR I VENDOR I VENDOR I VEND31 I VENDOR t VENDOR I VENDOR I VENDOR I VENDOR ! 1 ----1•--......1 .--------I------------- 1............. I............. 1............. I............. 1............_I-°°----•---t---------_---I......_......t 1 1 I t 1 I 1 I I 1 I f 1. 14 EA 1151 KVA 1211211 1 41491.11 1 41161.11 1 31183.11 1 41116.00 1 31188.11 1 31429.11 t 30812.11 1 31953.11 1 1 ! I I 1 1 i I I ! I I I 2. 14 EA 1511 KVA 1211218 1 71516.11 1 81488.11 1 89896.11 1 71212.11 1 61121.11 1 61514.11 1 7,19b.11 I 71379.11 I I I I I I I I I i I I I 5. 11 EA 111111VA 2711488 1 13,211.11 1 11,494.11 1 11,155.11 1 11,349.10 1 11772.11 1 111191.11 I 11,367.11 I 11,821.!1 1 I ,i 1 I 1 I I t I I 1 I I I IMFI. I SAN ANBELO I MCDRAN 1 VAN IRAN I I.E. I ABC I NONARD 1 NEST. I I I a I I I I I 1 I I I I I I 'i I IDELIVEAI 1 45 DATE t 15.17 NEEKS 1 744 HIS I IB-21 NEEKS 1 14-24 NEEKS I t II-13 NEEKS 1 9.11 NEEKI I ! 'h I I ! I I I I 1 I t 1 1 I IFOI I DEN7DN I DENTON I DENTOK 1 DENTON 1 DENTON I DENTON I DENIDN I DENTON I 1 i I I 1 I I t I I I 1 I I 1 t ! ! 1 1' I t I ! I I I 1 I I f a s i ri i r .u.-w+...,«..-•n..r.rrr, ~warwd'i. ~MIr N.,A.Wrw... a+rw+•~MW+i.NRNI~RhR.Oii'11~'.'aiFA.lIIM7W...rw~..rw-rr...:H:rau......a.r..xwewwvwwxw.w.....w..rnwaw.ws.v^^~. . 3 r k 4 i DATE: August 18, 1 997 ! CITY COUNCIL REPORT ! TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 9775 THIRTY GALLON REFUSE BAGS I a REi;01~lENDATI0ae. We recommend this bid be awarded to th- lowest bidder, Poly amer can n tl,e amount of $2.61 per roll. Total annual estimated expenditure Is $104,400,00 with delivery as requested. r. SUMMARY: This bid is for the annual supply of 30 gallon refuse bags. these are the bags used by the citizens of Denton for residential refuse collection. This contract has an optional one year extension clause with all y terms and conditions remaining the same. BALM( NDs Tabulation Sheet PROGRAMS. DEPARTMENTS OR GROUPS AFFFLIED: y %4 W.. ehouse Working Capital and Solid Waste Departmer 1 F' FISCAL IMPACTt Budget Funds for Warehouse Working Capital Inventory " 0~1. Accou,tt d 716-043-0392-8703 Re'spe ally submitted: y I" + L1 yd Y. Harrell City Manager A'T • t Name: Tom D. Shaw, C.P.M. ' ,,.gyp Title: Assistant Purchasing Agent 5 pr Approved: a r:, i , hn Marshall, C.P.M. 1t)#; Purchasing 4ent 1 16 " 4 .1 J t I v4 1 I 1 I 1 I I BID 1 9115 t ROAMS I ARRON I BEMMIS 1 POLY I ALL-TEI I 3 BIB TITLE 31 SAL REFUSE BASS 1 INDUSTRIES i INDUSTRIES I CO. INC. I AMERICAN I i 1 OPENED 7131111 2111PM I INC. k INC. I I INC. I 1 I AC[OUNiI I I I S I I I 1 I I 1 1 1 --1.......... _I...........I.-..........1----------. _t............. 4 I•• DIV I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I I.. ..I _.I.,....__....I._.........,.I.............I....._.......I.............I.._..-----•I ,III Ik17I I 1. 1 411 1 ROLLS PLASTIC DA09 1 7.41 k 2.11 1 2.13 1 231 1 3.45 1 1 1 1 I I 1 I I I I 1 I MFB. I ADAMS 1 ARADN I OUSIS I POLY I BASIC SIAN I 1 1'I I S I I 1 1 1 I LINEAR 1 211 1 41% 1 711 1 811 1 H.M. I I 1 I I I 1 I 1 i DELIVERY 1 14 DAYS 1 31 DAYS I 1 45 DAYS 1 31 DAYS 1 I I' I I I I I k k I I FOI I UNION I DENION I DENTN I DENTON I DENTON I 1 1 1 I I 1 I I I 1 l I I I 1 I I I 1 l I 1 1 '1 [ I I I 1 1 t' 1 I I I 1 7....a..w+..-.-.-----....__,._.._.._...,,....,v.w.M,E1N►i0ytgV4ypf~{Yy;,Yy t , " P v l 1 t DATE: August 18 1987 CITY COUNCIL REPORT TO: Mayor and Members of the City Council 4 FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID/ 9776 ACOUSTICAL SOUND PANELS RECO14IEROATION: We recommend this bid be awarded to the only bidder for thIs requirement, Wenger Corporation In the total amount of $23,000.00. 4 . 1 f ~ f 4. S i SUMMARY: This bid Is for the purchase of acoustical sound shell panels for use at + r, . the Denton Civic Center Park Amphitheater, j The Wenger Corporation Is the only known manfacturer of this type material. Bids were sollclted from four possible sources. Only one reply was received. Y t~l'N' I i~ c BACKGROUND: Tabulation sheet r PR06RAMSs DEPAR7I4EMIS OR GROUPS AFFECTED: Parks and Recreation Department Program FISCAL I1TACY. 1986/87 Budget Funds ~j Account d 261-031-0062-9107 I n Re'spec 11y submitted: 1,01 Llo Y. Harrell City Manager 4 lit r 1 e~$ , Y C 4 ,a NOW' Tom D. Shaw, C.P.M. Titles Assistant Purchasing Agent Approvedi ame John J. Marshall, C.P.M. 'r p Ti~1l1 Purchasing Agent o' li 'i 1 1 I I I I BID 1 4176 I WEBB I I NENOER I I l Ili TITLE ACOUSTICAL PANELS I i ASSOC. I I CORP. I I DPENcD 116187 21" PM I INC. 1 I I I on W-131-1062-101 I I I I t I I QTY I ITEM BESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR l ....1 ...-..I .........1 ) `I I I I I I ~ ie I.. 121 EA (ACOUSTICAL SHELL PANELS I NO BID 1 I 1251111 1 I I E~ I I i I I 1 1 INLIVERY DATE I 1 1 61-75 OATS I I 'l T 1 1 I I 1 } l I i I 1 ;1' I 1 I t I t l I I t I I I t t I I t ,I I 1 I 1 I 1 l l I I I I t ( 1 1 I I i :6 I 1 I 1 t I A C~ v { 4 E", y A I .W.+wwn.NMJUWIWklifk"Ii!A7~'ra w.w:,1r++~w-•.nr w.+wr.+.........-.~.^^^.+^lwwreli`tYll r P. 1 I 1 t ,1 l t 1 i r Q clTy o! DENTON DENTON, TEXAS 70901 MEMORANDUM , t 1 ~ ^ r 3q Yi DATES August 13, 1987 1 TO. Lloyd V. Harrell, City Manager FROM: John F. NCGrane, Executive Director for Finance , SUBJECTS GTE FRANCHISE AUDIT AGPEEMENT k Attached Is an agreement betvean Municipal Administration Services and the City of Denton to conduct a GTE franchise feb r of 91 audit to ascertain that the City is receiving its proper revenues. The audit is performed on a contingency basis, their fee is to ia3 be paid from 50% of any additional franchise fee receipts that r' 1 are received. r z JAN F. McGrane 'a5t" RY y?L, se i Attachment t • ~1 1 ~A,~r t 1 Z i:,f 47 ~r t ; 4 , Y~ir }r 1,, 4 1,1 i t ys ~ 1 , ' ri: , a 1 li', Pa9A"ti7r.%M,mw~.....,. 1 r Y w 5 , t t is i ..i. a - r x 9 i I 1915L r NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A LETTER OF AGREEMENT WITH MUNICIPAL ADMINISTRATIVE SERVICES, INC. FOR PROFESSIONAL AUDITING SERVICES RELATIVE TO THE CITY'S FRANCHISE j AGREEMENT WITH GTE) "ND PROJIDING AN EFFECTIVE DATE. sL11 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the City Council hereby approves and auth- orizes ti.e Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and Municipal Administrative Services, Inc, relative to the City's franchise agreement with GTE, under the terms and conditions contained in Letter if Agreement which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective z + imme ate y upon its passage and approval. PASSED AND APPROVED this the day of , 1987. ?re RAY STEPHENS, MAYOR ATTEST: Y I r JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: it 1^ DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1 r ' .t51f~3d.'1~L' w i' ~ I r I d a Mrr r _ .u s . , . N•. .ti.. Ah Wi9dviq . .:.,.'a fix. R.r r i •.a, t h.n~ A l Municipal Admtnir(rafive Services, Inc. Irt.~.sr) P.O. Box 132 Houston, Texas 77001-0132 r LETTER OF AnREEMFNT May , 1987 y' r Mayor and City Council Members City of Denton 215 E. McKinney Denton, Texas 76201 Dear Mayor and Council Members; This Letter Agreement is made by and between the Clly of Denton (the "City"), and Municipal Administrative Services, • Inc. (11M.A.S." or "Agent") as follows: t; 5 r 1. M.A.S. agrees to conduct a franchise compliance e~ audit (the "Audit") of General Telephone Canpany (the "Company") which holds a franchise (Ordinance No. ) from the City. For purposes of requesting and r^ceiving information from the Company, and only for those purposes, M.A.S. shall be an agent of the City. 2. M.A.S. agrees to notify the Company of its intent to conduct the Audit and request that any preliminary Informa- tlon necessary to begin the audit be Submitted to M.A.S. as Agm.nt of City. 3. The Audit to be conducted by M.A.S. shall be to determine If any franchise fees or other amounts are now due and owing the City and shall include verification of the ~ followings Y" is (a) that all customers located'within City are correctly coded as being wit!iin the City; (b) that all the Company's revenue accounts have been , included In the base for calculation of the franchise fee pursuant to the :ranchise agreement; and 1,4 {c) that the Company has Included any new sources of ~a s revenue in the base for calculation of the franchise fee paid the City. °i 1. I 'j ~ r, August , 1987 Page 2 4. At the completion of the Audit, M.A.S. shall provide City with a final audit report which will outline the audit work performed, explain the audit findings and provide recommendations for the improvement of future franchise fee reporting and compliance efforts. 5. As compensation for the services provided hereunder, City agrees to pay M.A.S. as follows: Fifty percent (50%} of any amounts recovered and refunded as a result of any of the audit findings. All compensation shell be paid to M.A.S. within thirty (30) days after the date such amounts are collected and refunded to city, 6. Upon payment to M.A.S. of all amounts due as above described, M.A.S. will turn over to City all working documents, files or other information acquired during the audit process. 7. Unless prevented by circumstances beyond the control of M.A.S., all Services, as described herein, shall be completed within 120 days from the date of this Letter Agreement. e. M.A.S. shall exercise the same degree of care, skill and diligence in the performance of the services provided hereunder as is ordinarily provided by a certified public accountant une,ar r' similar circumstances. 9, M.A,S, agrees to d-ifend and indemnify City from and against legal liability for damages arising out of the performance of the services where such liability is caused by any error, omission or negligent act of M.A.B., its agents or employees. MUNICIPAL ADMINISTRATIVE SERVICES, INC. y Attest BY: Susan L. Hodger President CITY OF DENTON, TEXAS Attest i• BY: city Secretary Ray step Sens, mayor P o `f t • r. r i I ' R q, A. j ~ r D CITY of DENTON DENTON, TEXAS 70201 MEMORANDUM DATES August 13, 1987 TOs Mayor and Members of the City Council i M. FROMs Betty McKean, Executive Director for Municipal Services/Economic Development ad`s ` SUBJECTI DLNTON COMMERCIAL TRADE ZONE APPLICATION AND RESOLUTIONI STATUS .3 REPORT r ~A t Denton is aggressively pursuing our application to the Texas State Railroad Commission for Inclusion in the Dallas/Port Worth Commercial Zone. Although a resolution similar to the one you will presently consider was approved in April 1986, our legAl counsel in Austin, Owen Kinney, advises that we reaffirm our commitment to this effort,. In his opinion, this is preferable because our neighboring cities of Corinth, Lake +9allas, and Hickory Creek, are each con- ` sideriag similar resolutions. Thua, it is iaportant at this time that all the municipalitien involved demonstrate a positive and unified position regarding this issue. C dl It is anticipated that the tiling of our application to the Railroad Commission will take place by the end of August. At that time, Mr. Kinney will present our application, and supporting documentation and testimony, to the Railroad Commiseioners at a hearing. Consideration of this resolution further acknowledges the fact that Denton Is commercially a part of the Dallas/Fort Worth Metropiexi and ae such, should receive the same flexibility in cartage services that is enjoyed by other Metroplex communities, s r r'' + a Betty McKean 01308 , 1p Ire SS J ~ ~ i 190BL RESOLUTION NO- I I A RESOLUTION AUTHORIZING APPLICATION TO Tri£ RAILROAD COMMISSION FOR THE CITY OF DENTON TO BECOME A PART OF THE FORT WORTH COMMERCI%L &ONE AND THE DALLAS COMMERCIAL ZONE, AND DECLARING AN EFFECTIVE DATE. WHEREASI there exists a commercial relationship and inter-, dependence between the City of Denton and the Dallas/Ft Worth Metroplaxr and WHEREAS, citizens of the City of De-iton, at this time, need and would be benefited by the increased availability of prompt motor cartage services and other shipping services co and from k the City of Denton and the unincorporated areas adjacent thereto and commercially a part thereofl and 1 F WHEREAS, the City is eligible to be designated part of the Dallas commercial zone and the Fort Worth commercial zone by the Railroad Commission of the State of Texas, which will serve 4 to permit such increased servicel and W'iEREAU, being designated part of suc'n commercial zones would enhance commercial interaction between Denton and other Metroplex communltiest and y ~ WHEREAS, unrestricted trans?ortation of goods will permit, the citizens of Denton to enjoy ttie same price elasticity with a.t i enjoyed by other Metroplex regardto cartage sethe rvices that citizens throughout and WHEREAS, the inclusion of Denton in ti;e Dallas,'Ft Worth commercial zone would result in more flexible and competitive transportation carrier serviceal and WHEREAS, service establishments have developed in the Denton ciale t d in thewMetr plexi and s, distributors, i area which regularly aloca who and supply houses loca WHEREAS, up to 601 of the adult'+labor forke ,nd student porpumloition cities in the existithe ng Dallas/Ft worth zonel and WHEREAS, the addition of Denton to the Dallas/Ft Worth k, j commercial zone would dramatically enhance the City'a ability « to attract new business and industry and would nerve to impt'ove the local economy, and r ;I a WH3REAS, such designation i++ay be obtained upon application of the city of Denton and a presentation of appropriate evidence and testimony by the citizens of the City of Denton at a hearing to be conducted by the Railroad Commission of the State of Texas= NOW, THEREFORE, BE 71' RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton hereby ?roceed to apply to the Ra3lroad Commission of the state of Texas to have the City of Denton and the unincorporated area adjacent thereto and i commercially a part thereof designated as part of the Dallas commercial zone and as part of the Fort Worth commercial zone by the Railroad commission of the state of Texas. 3 SECTION II. That this resolution shall become effective immediately upon. its passage and approval. PASSED AND APPROVED this the day of , 1987. i RAY STEPHENS,MAYOR jr ATTEST: JENNIFER WALTERS, CITY SECRETARY r ± € , # APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH CITY ATTORNEY 1 By. j 14 r 4c~t + ~r t { a ti ~ PAGE 7 9• F3, Chry OF DENTON MEMORANDUM Denton Police Dept. FR0241 Bill Cummings, Criminal Investigation Captain, reement SUBJECTi Mutual Aid Ag DATEi August 13, 1987 Deportment to The Mutual Aid Agreement is necessary for the Denton Police in the County Metro Unit. This unit has been created to allow narcotics and participate anal ze to thacunittwi11 gather$ a o Yee to assist each other in an effort i. agencies cases that criminal activities. Officers assiq ; and exchange criminal intelligence information while preparing f: will hol?sfully result in court convicaone• relationship beb.een Cityr The Metrr Unit should establish a better working officers urveillance curtail crininalcon- will. be r, County, state and Federal laawiensoaneykent sagenc z Butting undercover investig on information given to these by citizens F will follow up City of Denton• p t'y" activities. they to investigate outside the and will have the ability r t' IT 1 7 ill Cummings tale Criminal Investigation Cap Denton Police Department ' tyk ~ c5+ v~ n V"tibK •"y 1 ~.V~ r6f 11y n d' ~t ~ 6. a t -44 14 r 'I` arc-.v....... 1 ,X, 1891L 3 p i t RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL ASSISTANCE AGREEMENT FOR LAW ENFORCEMENT IN DENTON COUNTY AND DECLARING AN EFFECTIVE DATE. WHEREAS, the County of Denton and various municipalities within the County have entered into an interlocal assistance agreement for purposes of forming a mutual aid law enforcement task force to cooperate in the investigation of criminal activity, copies of said agreements being attached hereto; and WHEREAS, the City of Denton wishes to enter into such an agreement to promote more effective law enforcement in Denton Countyt NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON* SECTION I. That the City Manager is hereby authorized to execute the attached agreement, a copy of which is attached to be effective hereto and incorporated by reference herein, until September 1, 1988, unless, pursuant to Section XXI of said agreement, the City should exercise its authority to terminate upon an earlier date. y SECTION II. That this resolution shall become effective imme ate y upon its passage and approval. r PASSED AND APPROVED this the day of , 1981. 'j 1 a. RAY STEPHENS, MAYOR I a ATTEST! 4 JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: I 4 DEBRA ADAMI DRAYOVITCHr CITY ATTORNEY BY., r " I f ' DEN ON COUNTY LAW ENEOR FM. ENT w INT£RLOOAL. ASSI<TANCE AGREFM£N? , 1 WHERE: S, pursuant to the powers granted under Article XI, Section 5, of the Texas Constitution, and under Article 1113 f (32c) and Article 999b, Texas Revised Civil StatutA% Annotated, Denton County, Texas, "Unicipalitles of Denton4. , T$xes desire to , form a mutual aid law enforcement task force to cooperate in the investigatinn of criminal activity and enforcement of the laws of this state, and to provide additional law enforcement officers to protect health, life and pro;arty against riot, unlawful assembly accompanied by the use of force end violence, and during times of natural disaster or man-made aalamityi Now, therefore, it is mutually agreed by the parties that: y I The following terms shall have the following meanings when used in this agreement: (a) "law enforcement officer" means any policeman, sheriff, constable or deputy constable, marshal, or ! deputy sheriff (b) "police personnel" means any sworn police officer, public service officer, reserve police officer, } 3 sheriff, deputy sheriff, constable, deputy constable, or marshal: (c) "member" means a Denton county or any municipality which is a party to this agreement; , (d) "municipality' means buy city or town, including home 8 w + rule city or a city operating under the general law or iz a special charter] M A, (e) 'chief law enforcement officer" means the chief of r'` police of a municipality, the sheriff of a county; (f) -chief administrative officer" means the mayor or city ` manager of a municipality of the county judge of a county. a r If. The members agree to form and by this agreement do form a riaM1 G mutual aid law enforcement talk lerca, to be known as the ` ~j or t JA? Denton County Law enforcement Talk rOtce. (the -Task force`), t;, r y i , X11 S III. The purpose of the Task Force is to cooperati in the 1 investigation of criminal activity and enforcement o: the laws of this state, and to assist in providing additional law enforcement officers to protect health, life and property against riot, unlawful assembly characterized by the use of force and violence, and during times of natural disasters or man-made calamity. j IV. A member (the "responding member") will assign its law ' k enforcement officers to perform law enforcement duties outside the responding member's territorial limits when: A. requested by the chief law enforcement officer, or his designee, of another member (ths "requestlnq member') and; a. the chief law enforcement office or his designee, as a the responding member has determined, in his sole discretion, that the assignment is necessary for the AS "a f investigation of criminal a tivity and for law enforcement. A responding member will assign its law enforcement '1 n officers to perfo:a lax enforcement duties outside the tii k k + responding member's territorial limits wheni A. requested by the chief administrative officer, or his designee, of another member (the "requesting member") L, and a, the chief lax enforcement officer, or his designee, of ay` Ra, the responding member, in hie sole discretion, has determined that the assignment is necessary to protect i rid , e{' the health, life and property to the requesting county " or municipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterised by the use of force and violence, or iya~ 4( s' ~:,crat thereof, by three or more persona acting together or without lawful authority, or during time + 11 of natural disaster or man-made calamity. N j_. vI. A responding member will assign police personnel to perform police protection and detention services outside the responding member's territorial limits when; f A. requested by the chief law enforcement officer, or his i ' designee, of the requesting member, and e^ the chief law enforcement officer or his designee, of the responding member has determined, in his sole discretion, that the assignment is necessary to the providing of police protection and detention services within the territorial limits of the requesting member. VII^ Any request for aid under this agreement shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the r ~ { amount and type of equipment and number of " personnel to be furnished shall be determined by the responding member's chief law enforcement office- or his designee. r ' VIII, r. Police personnel of the responding member shall report to a a i 1 the requesting member's officer in tactical control at the Xu location to which they have been assigned, and shall be under 4~4 the command of the requesting member's chief law enforcement officer. Ix, ~1t Police personnel of the responding mr^.mber will be released ' s by the requesting member when their services are no longsr 4 i required. r ..3. yl X. a t> , The chief law enforcement officer of the responding member, or h.9 designee, in his sole discretion, at any time may withdraw his personnel or equipment or discontinue sk ' part !.cipation in any activity initiated pursuant to this agreement. z~ 4; r q^ ' UrY Y.wita i:'. t X1. y while any law enforcement officer regularly employed as f such by a responding member is in the service of the requesting i member, he shall be a peace officer of the requesting member 1 and be under the command of the requestint member's chief law Il enforcement officer, with all the powers of a regular law enforcement officer of the requesting member, as fully as though he were within the territorial limits of the k governmental entity where he is regularly employed, and his qualification, respectively, for office where regularly employed shall constitute his qualifications for office within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. XII. Each party to this agreement expressly waives the right granted by Article 999b, Section 5, Texas Revised Civil j Statutes Annotated to request reimbursement for services performed under this agreement, I XIII. t Any law enforcement officer or other person who is f assigned, designated, or ordered by the chief law enforcement @ r,,[ officer of the member which regularly employs him to perform police or peace duties pursuant to this agreement, shall receive the some wage, salary, pension, and all other k t compensation and all other rights for such service, including k , injury or death benefits, and workers' compensation benefits, the same as though the service had been rendered within the limits of the member where he is regularly employed. Moreover, rlr J all wage and disability payments, including workers' at compensation benefits, pension payments, damage to equipment and clothing, medical expenses and expenses of travel, ford, a w and lodging shall be paid by the member which regularly rmploya such persons. 1 7 , XIV. in the event that any jargon performint low enforcement, o-"r police protection or detention services j'.rsuant to this , ry 1 s agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of thos9 services, he shall be entitled to the same benefits that ba would be entitled to receive if such civil action had arisen cut of the performance of his duties as a member of the department where he is regularly, employed and in the jurisdiction of the member by which he is regularly employed, XV. Each party to this agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this agreement, I XVI. Third party claims against members shall be governed by the Texas Tort Claims A:t or other appropriate statutes, ordinances or laws of the State of Texas, 7 XVII. e E + It is expressly understood and agreed that, in the ~ r . e exccution of this agreement, no party waives, nor shall be fi deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the es sr-Lee of governmental powers and functions. j ~ , XYIII. t I`''ti + + Each party to this agreement agrees that if legal action is brought under this agreement, exclusive venue shall lie in the "county in which the defendant member is located, and if located „ in more than one county, in the county in which the principal l" offices of the defendant member are located. XIX. The validity of this agreement and of any of its terms ur provisions, as well as the rigbts and duties of the parties hereunder, shell be governed by the laws of the State of Taxes. f , XX. In case any one or more of the provisions contained in this agreement shall for any reason be hold to be invalid, 1110941, t or unenforceable in any respect, such invalidity, 1116941ity, _c , ry or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been E contained herein. XXI. Any party to this agreement may terminate this agreement by r giving thirty (00) days written notice mailed by certified mail to the chief law enforcement officer of each party. Xdtl. i This agreement shall become effective on the day following i execution of the agreement by all parties, and ihall continue in effect until it has been terminated according to the h agreement. XXISI. v This agreement may to amended or modified by the mutual agreement if the parties hereto in writing to be attached to and incorporated into this agreement. a XXIV. This instrument contains all commitments and Agreements of y P < 4 the parties, and oral or written Commitments not contained ` herein shall have no force or effect to alter any term or condition of this agreement. r- E ~ XXV. This agreement shall be executed by the duly authorized =Ty4 official(s) of the party as expressed in the approving r y resolution or order of the governing of such party, a copy of , which is attached hereto, and this agreement shall remain in c7 effect until ret;:inded by resolution or order of uch governing f ~d l body and notice of that action is transmitted in writing to all other parties to thin agreement. lent b r ~ The parties ogres that their collective agreement may be ' evidenced by the execution of an identical counterpart of this { instrument by the duly authorized afficer(s) of each participant, and the failure of any member to enter into this ` agreement shall not affect the agreement between and among the pasties executing the agreement. r r rr~~r 3 E Date, and effective as of 'tie day of , a ! ATTEST: CITY OF DEN;CN ' 1 RAYOR i CITY SECRETARY APPROVED AS TO U; R,N: r ~>'ey t ~ , .1 CITY ATTOR:JEY - ' t r r' c : * ; ref 1 ft fpr r 4t w~ N , yL ry, r~ Q ,Y F' 0 ti -s~ 1 r r 4 44 .r fry , . w s ~4.e t : r .Sn n•,n,C;'4'w:'dstJJ,Wil.:.is..ri n; wQ/. a , L a e sl DENTON COUNTY LAW ENFORCEMENT BR AL ASS TA E ME ENT WHEREAS, pursuant to the powers granted under Article X1, Section 5, of the Texas Constitution, and under Article 4413(32c) and Article 999b, Texas Revised Civil Statutes Annotated, Denton County, Texas, municipalities of Denton, Texas desire to form a mutual aid law enforcement task force to cooperate In the investigation of criminal activity and enforcement of the laws of the state and to provide additional law enforcement officers to protect health, life and property against riot, unlawful assembly accompanied by the use of ce and violence, and during times of natural disaster and man-made calamitys Now, therefore, it to mutually agreed by the parties that: f 1, The following terms shall have the following meanings when used In this agreement: r Vi. (a) "law enforcement officer" means any policemen, sheriff, constable or deputy constable, marshall, or deputy sheriff; (b) "police personnel" means any sworn police officer, public service officer, reserve police officer, sheriff, deputy sheriff, constable, deputy constable, or marshal= (c) "member" means a Denton County or any municipality which is r t' a party to this agreements (d) "municipalitys means any city or town, including home rule city or a city operating under the general law or a special charters (e) "chief law enforcement officer" means the chief of lice po of a muni- cipality, the sheriff of a countyl (f) "chief administrative officer" means the mayor or city manager of a municipality or the county fudge of a county, 0.-Y moor i M t The members agree to form and by this agreement do form a mutual i aid law enforcement task force, to be known as the Denton County Law Enforce- ment Task Force. (the "Task Force"). 1[I. , The purpose of the Task Force is to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to assist in 1 providing additional law enforcement officers to protect health, life and properly against riot, unlawful assembly characterized by the use of force and violence, + i during thAes of natural disasters or man-made cilamily. IV. A member (the "responding member") will assign its law enforcement ~officers to perform law enforcement duties outside the responding member's territorial limits when: A. Requested by the chief law enforcement officer, or his desginee, or other member (the"requesting member") ands B, the chief law enforcement officer, or his designee, as the responding member has determined, in his sole discretion, that the assignment Is necessary for the investigation of criminal activity and for law a enforcement, L ' V. f A responding member will assign its law enforcement officers to perform law enforcement duties outside the responding member's territorial limits when: A. requested by the chief administrative officer, or his designee, { or another member (the "requesting member") and B. the chief law enforcement officer, or his designee, of the responding h member, in his sole discretion, has determined that the assignment Y' t` ~ rl .I: J 1) f is necessary to protect the health, life end property to the requesting county or municipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof, by three or more per- sons acting together or without lawful authority, or durin; time of natural disaster or man-made calamity. VL A responding member will assign police personnel to perform police pro- tection and detention services outside the responding member's territorial limits A. requested by the chief law enforcement officer, or desgines, of the requesting member, and ' H. the chief law enforcement officer or his designee, of the responding member has determined, in his sole discretion, that the assignment Y is necessary to the providing of police protection and detentkn s services within the territorial limits of the requesting member. VI1. Any request for aid under this agreement shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dis- patched, but the amount and type of equipment and number of personnel to r . be furnished shall be determined by the responding member's chief law enforce- ment officer or his designee. I , Vill. Police personnel of the responding member shall report to the requesting member's officer in tactical control at the location to which they have been assigned, and shall be under the command of the requesting meber's chief Y r' law enforcement officer. IX. Police personnel of the responding member will be released by the requesting member whan their services are no longer required. X. The chief law enforcement officer of the responding member, or his designee, in his sole discretion, at any time may withdraw his personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. X1. While any taw enforcement officer regularly employed as such by a re- sponding member is In the service of the requesting member, he shall be a p-sce officer of the requesting member and be under the command of the requesting member's chief law enforcement officer, with all the powers of a regular law -enforcement officer of the requesting member, as fully as though he were within the territorial limits of tLe governmental entity where he Is regularly employed, and his qualification, respectively, for office where regularly employed i f shall constitute his qurlificationa for office within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. 3 X11. f Each party to th,'s agreement expressly waives the right granted by Article 999b, Section S, Texas Revised Civil Statutes Annotated to request reimbursement for .crvices performed under this sgreemrnt. X111. ;J Any law enforcement officer or other person who is ass.gned, designated, or ordered by the chief law enforcement officer of the member which regularly employs him to perform police or peace duties pursuant to this agreement, shall receive the same wago, salary, pension, and all other compensation and all other rights for such service, including injury or death benefits, and workers, compensation benefitr., the same as though the service had been rendered i t W thin the limits of the member where he is regularly employed. Moreover, all wage and disability payments, including workers' compensation benefits, pension payments, damage to equipment and clothing, medical expenses and expenses of travel, food, and lodging shall be paid by the member which regularly employs such persons. XIV. In the event that any person performing law enforcement, police protec- lion or detention services pursuant to this agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those earvices, he shall be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of the performance of his duties as a member of the department where he is regularly employed and In the jurisdiction of the member by which he is regularly employed. i XV. i Each party to this agreement expressly waives sal claims against every f, other party for compensation for any loss, damages, personal injury, or death occuring as a consequence of the performance of this agreement. ` XV1. Third party claims against members shall be governod by the Texas Tort Claims Act or other appropriate statute, ordinances or laws of the State of Texas. i XVII, It is expressly understood and agreed that, In the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any Immunity or defense that would otherwise be available to It against claims arising In the exercise of governmental powers and functions. XVIII. i ' Each party to this agreement agrees that if legal action Is brought under k this agreement, exclusive venue shall lie in the county In which the defendant member is located, and if located in more than one county, in the county in which the principal offices of the defendant member are located. X1X. The validity of this agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. I XX. } In case any one or more of tho provisions contained in this agreement shall for any reason be held to be Invalid, illegal, or unenforceable in any rc3pect, such invalidity, illegality, or unenforceablilily shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illeiial, or unenforceable provision had never been contained herein. XX1. Any party to this agreement may terminate this agreement by giving thirty (SO) days written notice mailed by certified mail to the chief law enforce- ment officer of each party. ' XXII. s This agreement shall become effective on the day following execution of the the agreemetn by all parties, and shall continue in effect until it has been terminated according to the agreement, XXIII, } a" r k This agreement may be amended or modified by the mutual agreement of the parties hereto In writing to be attached to and incorporated into this agreement. XXIV. This instrument contains all commitments and agreements of the parties, and oral or written commitments not contained herein shall have no force or 'I i 6 ~flect to alter any term or condition of this agreement. xxv. This agreement shall be executed by the duly authorized official(s) of the party as expressed in the approving resolution or order of the governing of such party, a copy of which is attached hereto, and this agreement shall remain in effect until rescinded by resolution or order of such governing body and notice of that action Is transmitted in writing to all other parties to this agreement. 1 xxvl. The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this Instrument by the duly authorized officer(s) of each participant, and the failure of any member to enter Into this agreement shall not affect the agreement between and among the parties ' r r executing the agreement. Dated and effective this the 23rd day of February, 1487. j r TON LOWER MOUND "r Borg o Mayo . ATTESTS 141 r ey rma 'town Secret Approved as to form and legality: own Attorney j 41 eer1211~C41laTY Lew ENFORCEMENT 11~E$[.oCAt, AS~~AIiGEJ1GBEEt1FSLT WHEREAS, pursuant to the powers granted under Article %I, Section S, of the Texas Constitution, and under Article 4111 (12c) and Article 999b, TCxas Revised Civil Statutes Annotated, Denton County, Texas, municipalities of Denton, Taxes desire to form a mutual aid law enforcement task force to Cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to provide additional law enforcement officers to protect health, life and property against riot, unlawful assembly accompanied by the use of force and violence, I{ and during times of natural disaster or man-mado calamity; 1 Now, therefore, it is mutually agreed by the parties that! The following terms shall have the fallowing meanings when i used in this agreement: r. ` (a) 'law enforcement officer' moans any policeman, 1 sheriff, constablo or deputy constable, marshal, or deputy sheriff; (b) 'police personnel' means any sworn police officer, public service officer, reserve police officer, sheriff, deputy sheriff, constable, deputy constable, or marshal; (c) "member' means a Denton County or any municipality wh'.ch is a party to this agreement? (d) "municipality' means any city or town, including home 4 rule rity or a city operating under the general law or a special charter; (o) 'chief low enforcement officar' meaw,s the chief of R if"tc police of a municipality, the sheriff of s county! (f) 'chief administrative offices' means the mayor or city manager of a municipality or the county judge of a county, The members agree to form and by this agreement do form a muNul aid law enforcement task force, to be known me the Denton County Law Enforcement Took rarco. (the "Task Force'). 1 I ell. The purpose of the Task Force is to scope me in the I Investigation of criminal activity and enforcement oL the laws of this State, and to a u tat in providing additional law enforcement officers to protect health, life and property of 1 riot, unlawful assembly characterized by the use against force and violence, and during times of natural dia+atera or man-made calamity. A member (the 'responding membe['I will assign its lnw enforcement officers to perform law enforcement duties outside the responding member's territorial limits when' A. requested by the chief law enforcement officer, of his designee, of another member (the 'requesting member') and$ B, the chief law enforcement officer, nr his designee, as member has determined, in his $ole the responding discretion, that the assignment to necessary for the tr > investigation of crininll activity and for law I enforcement. ~ V. A h its law enforcement responding member will usig ant duties oul ofticers to Perform law enforcemaids the responding member's territorial limits whent A. requested by the chief adminletrative Officer, or his mDe designee, of another member the 'cequeatinq c s`? a and net, of g, the chief leenforcement Of in his 5016 diectotionsghas the responding determined that the tssig^manttosthsc protect sity to re9ve tinpeounty the health, life and pro party f o:j unicipality, its inhabitants, and the visitors or m l ttctreto, by reason of riot, unlawful assembly the use of force and violence, or Chiracterlctd by by three at more persons acting threat thtreot, during or without lawful authority, or time of natural disaster or man-made calamity. tli t V1. A responding member will assign police personnel to perform police protection and detention services outside the responding member's territorial limits whent A, requested by the chief low enforcement officer, or his designee, of the requesting member, and B. the chief few enforcement officer or his designee, of the responding member has determined, in his sole j discretion, that the assignment is necessary to the providing of police protection and detention services within the territorial limits of the requesting member. V11. Any request for aid under this agreement shall include ,s statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the 4 amount and type of equipment and number of personnel to be f' s `,F furnished shall be determined by the responding member's chief ' law enforcement officer or his designee. Vlll, police personnel of the responding member shall report to the requesting member's officer in tactical control at the ' location to which they have boon assigned, and shall be under the command of the requesting member's chief law enforcement r. officer, 1%, Police personnel of the responding member will be released by the requesting member when their services are no longue required. The chief low enforcement officer of the responding member, oc his designee, in his sole discretion, of onY time MAY withdraw his PelseMel or equipment or discontinue t.' participation in any '.etivitY lnltioted pursuant to this i slroement. p i,• i al r XI. / While any law enforcement officer regularly employed as such by a responding member is in the service of the requesting member, he shall be s peace officer of the requesting member and be under the command of the requesting member's chief law enforcement officer, with all the powers of a regclsr law enforcement officer of the requesting member, as fully as though he were within the territorial limits of the governmental entity where he is regularly employed, and hi. qualification, respectively, for office where regularly employed shall constitute his qualifications for office within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. , X11. Each party to this agreement ehpressly waives the right F' granted by Article PM, Section Be Texas Revised Civil Statutes Annotated to request reimbursement for services performed under this agreement. ' X1Il. Any law enforcement officer or other person uY,o is arsigned, designated, or ordered by the chief law enforcement officer of the member which regularly employs him to perform rt ' police or peace duties pursuant to this agreement, ohe11 recsive the same wage, salary, en Paton, end all other compensation and all other rights for such service, including benefits, and workers' compensation benefits, injury or death the some as though the service had been rendered within the ` limits of the member where he is regularly employed, Moreover, 1I t all wage and disability psyments, including workers' compensation benefits, pension payments, damage to equipment • and clothing, medical expenses and expenses of !ravel, food, and lodging shall be paid by'the member which regularly employs such persons, XIV. In the event that any person performing law enforcement, police protection or detention services pursuant to this Y r r. 4AA i agreement shall be cited as a potty to any civil lawsuit, state or federal, arising out of the performance of those services, he shell be entitled to the some benefits that he would be i entitled to receive if such civil action had arisen out of the performance of his duties as a member of the department where he is regularly employed and in the jurisdiction of the member by which he is regularly employed. XV. tech patty to this agreement expressly waives all claims against every other party for compensation for any , loss, damage, personal injury, or death occu.:ing as a consequence of the performance of this agreement. XVl. Third party claims against members shell be governed by, the Teses Tort Claims hot or other appropriate statutes, ordina•.aee ~ or laws of the State of Texas. XV11. it to expressly understood and agreed that, in the executsga of this agreement, no patty waives, not shall be .x deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the . exercise of governmental powers and functions. r ; Wits. Each party to this agreement agrees that if legal action is t" brought under this agreement, exclusive venue shall Its in the county in which the-defendant member is located, and if located in more than one county, in the county in which the principal offices of the defendant member ate located, XIX, The validity of this agreement and of any of its terms of provisions, to well as the rights and duties of the parties hereunder, shell be governed' by the laws of the state of TeM. XX. In case any one or Mora Of the provisions contained in this agreement shell tot any reason be hold to be invalid, illegal, t _ at unenforceable in any respect, such invalidity, illegality, i i i , r / or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. M. Any party to this agreement may terminate this agreement by giving thirty (10) days written notice mailed by certified mail to the chief law enforcement officer of each party, XXII. This agreement shall become effective on the day following execution of the agreement by all parties, and shall continue in effect until it has been terminated according to the agreement. XXIII, This agreement may be smended'or modified by the mutual + agreement of the parties hereto in writing to he attached to and incorporated into this agreement. r XXIV. This instrument contains sit commitments and agreements of y-` the parties, and oral or written commitments not contained ` herein shall have no force or effect to alter any term or condition of this agreement, „ XXV. This agreement shall be executed by the duly authorized official(s) of the party a expressed in the approving i resolution or order of the governing of such party, a copy of which is attached hereto, and this agreement shall remain in effect until rescinded by resolution or order of such governing body and notice of that action is transmitted in writing to ell that parties to this agreement, a t r XXVI.~ The parties agree thst.their collective agreement may be evidenced by the execution of in identical counterpart of this instrument by the duly authorised officer(s) of eceh -I participant, end the failure of any member to antic into this soreement chill not effect the agreement between and among the parties executing the agreement. I I AOK i e. 1 I Dated and effective as Of Cheer Jay 0f 1 -F 19 i,L• ST i CITY OF r O/ D TT nC ~y F YYi:ecrv NPGER M . t Lu y N , 0 NMI •y r'~ I~ i c1T AT GRNL•'Y r 1 l 1 t~ f. f .5 fff 'J f rl I it , r M r " ~ s ~.Lr~y~Aar.n rv.r........ _ .-.T.rvr -i..:. 4ldean al.r s.M a'~;. m. , r 1 14 y1 rz DENTON COUNTY LAW ENFORCEMENT IMERLOCAL ASSISTANCE AGREEMM i J tl. WHEREAS, pursuant to the powers granted under Artieie'xlY.... Section 5, of the Texas Cons,itution, and under Article 4413 (32c) and Article 999b, Texas Revised Civil Statutes Annotated, Denton County, Texas, municipalities of Denton, Texas desire to form a mutual aid low enforcement task force to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to provide additional low enforcement officers to protect health, life and property against clot, unlawful assembly accompanied by the use of force and violence, and during times of natural disaster or man-made calamity; Now, therefore, it is mutually agreed by the parties thats 1. The following terms shall have the following meanings when used in this agreements + a (a) `law enforcement officer" means any policeman, j sheriff, constable or deputy constable, marshal, or 4, deputy sherift) a (b) 'police personnel' means soy sworn police officer, public service officer, reserve police officer, h sheriff, deputy sheriff, constable, deputy constable, or marshal; (c) 'mem0er' means a Dento,t County Or any municipality ps' • which is a party to this agreement; (d) "municipality' means any City or town, including home r 3 + rule city or a city operating under the general law or + i a special charter) tip (e) 'chief law enforcement oftieer' means the chief of police of a municipality, the sheriff of a county; 'chief administrative officer' means the mayor or city manoger of a municipality or the county judge of a county. is, The members agree to form and by this agreement do form a mutual aid law enforcement task torte, t,1 be known as the Denton County Lew rnforcement Talk force. (the "Took Force'), r r ( i Ilc. The purpose of the Took Force is to cooperate in the investigation of criminal activity and enforcement of the lcws of this state, and to assist in providing additional law enforcement officers to protect health, life and property against riot, unlawful assembly characterized by the ure nI force and violence, and during times of natural disasters or men-made calamity. IV. A memtet (thc "responding members) will assign its law enforcement off;cnra to p■rform law enforcement duties outside E the respunding mo tbar's territorial limits wtent A. requestet by the chief law enforcement officer, or his designee, 0 another member (the "requesting•membet") andl P. the chief law enforcement officer, or his designee, as the responding member has determined, in his sole discretion, that the assignment is necessary tot the f investigation of criminal activity and for law enforcement, j E , V, A responding member will motion its law enforcement oflic9ra to perform law enforcement duties outside the s, responding member's territorial limits vhent A. requested by the chief administ.ative officor, or his designee, of another member (the 'requesting member") and 6. the chief law enforcement officer, or his designee, of the responding member, in hie Nola discretion, has ` determined that the sesignmert Is necessary to prote.•` the M alth, life and proparty to the requesting county or municipality, its inhabitants, and the visitors theroto, by common of riot, unlawful assembly characterised by the use of force and violence, or threat thereof, by three or more persons acting together or without lawful authority, or during time of natural disaster or man-made Calamity, I VI. i A responding member will assign police personnel to perform { police protection and detention services outside !Le responding member's territorial limits whent A. requested by the chief law enforcement officer, or his designee, of the requesting member, and 8. the chief law enforcement officer or his designee, of f the responding member has determined, in his sole discretion, that the assignment is necessary to the providing of police protection and detention services within the territorial limits of the requesting member. VIZ. Any request for aid under this agreement shall include a 3 i statement of the amount and type of equipment and number of 4 personnel requested, and shall specify the location to which ~I ` the equipment and personnel are to be dispetched, but the amount and type of equipment and number of personnel to be ' furnished shill be determined by the responding member's chief b Is,r enforcement officer or his designee. a~VIII. Police personnel of the responding member shall report to t the requesting member's officer in tactical control at the location to which they have been assigned, and shall be under the command of the requesting member's chief law enforcement officer. e IX. +S l police personnel of the responding member will be released y by the requesting member when their services are no longer required, X. The chief law enforcement officer of the responding member, or his designee, in his sole discretion, at shy time may withdraw his personnel or equipment or discontinue participation in any sclSrftY initiated puswant to this r~ agreement. t a e F L I xl. while any law enforcement officer regularly employed as such by a responding member is in the xervice of the requesting member, he shall be a Pasco officer of the requesting member and be under the command of the requesting members chief law enforcement 5fficer, with all the powers of s regrlar law enforcement officer of the requesting member, as fully as though he were within the territorial limits of the governmental entity where he is regularly employed, and his E ff qualification, respectively, for office where regularly I employed shall constitute ats qualifications for office within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. M. 1 . Each party to this agreement expressly waives the right granted by Article 999b, Section S, Texas Asvised Civil Statutes Annotated to request reimbursement for services performed under this agreement. X1110 F Any law enforcement officer or other person who to assigned, designated, or ordered by the chief f;w enforcement officer of the member which regularly employs him to perform police or peace duties pursuant to this agreement, hall receive the same wage, salary, pension, end all other compensation and all other rights for such service, including injury or death "_enofits, and workers, compensation benefits, the same as though the service had boon rendered within the limits of the member where he It regularly employed. Moreover, all wage and disability payments, including workers' i compensation benefits, pension payments, damage to equipment and clothing, medical expenses and expenses of travel, food, " and lodging shell be paid by the member which regularly employs such persona. I ( XIy. I! in the event that any person performing low enforcement, police protection or detentlo? services pursuant to this c ' { j i i agreement shall be cited as s party to any civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the some benefits that he would be entitled to receive it such civil action had arisen out of the performance of his duties as a member of the department where = i he is regularly amploye4 and in the jurisdiction Of the member by which he is regularly employed. 1 ~ i Each party to this agreement expressly waives all claims j against every other party for compensation for any loss, damage, personal injury, or death occurring as a conseguence of F Ii the performance of this agreement. XVI. Tnird party Claims against members shall be governed by the Texas Tort claims Act or other appropriate statutes, ordinances f at laws of the state of Texas. j XVII. ` It is expressly understood and agreed that, in the I execution of this agreement, no party waives, nor shall be j deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the Z... exercise of governmental powers and functions. , XYIII. to this 19reament agrees that if legal action is Each party brought under this agreement, ssclusive venue shall Its in the o- county in which the-defendant member is located, and it located I in more than one county, in the county in which the principal . i offices of the defendant combat are located. i %IX. ' rr The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the partial hereunder, shall be governed by the laws of the State of Texts. XX, In Cane any one or more of the provisions contained in this agreement shall for Y reason be hold to be invalid, illegal, or an + or unenforceable in any respect, such invalidity, illegality, i i OF or unenforceability shall not affect any other provision t thereof and this agreement shall be construed is if such E invalid, illegal, or unenforceable provision had never been contained herein. XXf. i Any party to this agreement may terminate this agreement by giving thirty (30) days written notice mailed by certified mail to the chief law enforcement officer of each party. XXII. This agreement shall become effective on the day followlnq execution of the agreement by all parties, and shall continue in effect until it has been terminated according to the agreement. ~i XXIII. This agreement may be amended or modified by the mutual l agreement of the parties hereto in writing to be attached to and incorporated into this agreement. )(X IV. This instrument contains all commitments and agreements of the parties, and oral or written commitments not contained ;i herein shall have no force or effect to alter any term or qi e. ; condition of this agreement. XXV. This agreement shell be executed by the duly authorised s ° ~official(s) of the party as a:pressed In the approving resolution or order of the governing of such party, a copy of which to attached hereto, and this agreement shall remain. in d 1 effect until rescinded by resolution or order of such governing body and notice of that action is transmitted In writing to all i other parties to this agreement. I XXVf. k The parties agree that their collective agreement may be I{ "sr evidenced by the execution of an identical counterpart of this instrument by the duly authorised officer(s) of each participant, and the failure of any member to enter Into this agreement shall not affect the agreement between and among the parties executing the agreement. 1 i i i r Dated and effective as of the 3rd day of Kacc__h 19 87 Approved by Lewisville City Council March 2, 1987. 4 wisville ATTESTI CITY OP Le l CITY CRETARY Bettye Narris CITY MANAGER Charles R. Owens f W. .s APPROVED TO FORMS CITY ATTORNEY Ronald J. Neiman ! ti h Al I i ,i a p > a ~ R A jy .t ,3s ! ; ik t i a d l l p ~ l.ii : . t ~l r c w k w; l t sy 'f3I A.i A 1 b 1 Farr WHEREAS, pursuant !o tF.e ,^c+re rs Sr?n fed Aft=^..e X=, t Section 5, of the Texas Constitution, and Lnder Arttclo 4a13 i (32c) and Article 999b, Texas Revised Civil Statutes :.nnotmted, 1 Denton County, Texas, municipalities of Denton, Texas desire to form a mutual aid law enforcement task force to cooperate in the investigation of criminil activity and enforcement of the laws of this state, and to provide additional law enforcement officers to protect health, life and property against riot,. unlawful assembly accompanied by the use of force and violence, and during times of natural disaster or man-made calamity; Now, therefore, it is mutually agreed by the parties that: f 1. The following terms shall have the following meantngs when j used in this agreement: (a) 'law enforcen^.nt officer' means any policeman, sheriff, constable or deputy constable, marshal, or deputy sheriff; (b) 'police personne'l' neans any svorn police officer, public service o`_ffeer, reserve rolice offiaar, sheriff, deputy sheriff, constebl deputy constable, or Marshall q r; (c) `mem~er• means a Denton County or any •:unlc!FalitY x>,, which is a party to thio agreenentl (d) •municipality- means any city or town, inclueknq home r rule city or a city operating under the general Law or ~ 3 b a special charter; (p) -chief law enforcement officer' means toe chtof of police of a municipality, the sheriff of a countYt (f) 'chief administrative officer" means the mayor or city manager of a municipality or the county ;udge of a county. The members agree to form and by this agreement do form a mutual aid law enforcement task force, to be known as the o Denton County Law Enforcement Task Frco. !the 'Task Force`). y F The purpose o! the :ask Force is to cQooeratr in the investigation of criminal activity and enforce^ent of the laws of this state, and to assist in provid'-ng eC.it`onal law i en!orceTen; officers to protect health, life and. ore^erty against riot, unlawful assembly characterized by the ure of force and violence, and during times of natural disasters or man-made calamity. IV. A member (the -responding member') will assign its low' enforcement officers to perform law enforcement duties outside the responding member's territorial limits when: A. requested by the chief law enforcement officer, or his designee, of another member (the 'requesting member') and: B. the chief law enforcement off!^_er, or his designee, as the responding member has determined, in his sole discretion, that the assignment is necessary for the ' investigation of criminal activity and. 'or lax enforcement. V. A responding member will assign its law enforcement officers to perform law enforcement C,ut'.^s ou'_siCe the responding member's territorial limits when: L y, A. requested by the chief administr,t:ve office', or his designee, of ano. thec member !the '!equest:nc "mber') and k c. if B. the chief law enforcement officer, ,;r his designee, o° the responding member, in his sole discretion, has determined that the essigmment is necessary to protect the health, life and properly to the requesting county or municipality, its inhabitants, asd the visitors ' therett, by reason of riot, unlawful assembly characterized by the use of force one violon:e, or threat thereof, by three or more persons acting together or without lawful author ty, or Cur:z4 time 7 of natural disaster or man-made calamity. f~ j i } r vz. A responding member will assign polite personnel to perform s police protection and Eetention services outs:ee t!:e res~ending member's territorial limits when: A. requester. by the chief law enforcement officer, or his j designee, of the requesting member, and B. the chief law enforcement officer or his designee, of the responding member has determined, in his sole discretion, that the assignment is rscessary to the providing of police protection and detention services within the territorial limits of the requeatlnq member. Vtt. 14 Any request for aid under this egreerent shall inclvee e statement ^f the amount and type of equipment and nuryer of Personnel requested, and shall specify the location to which the equipment and personnel are to be dis.patched, but the amount and type of equipment and number o'. personnel to be furnished shall be determined by the tespondin-; member's chief law enforcement officer or his designee. VIII. Police personnel of the responding member shall report to the requesting member's officer in tactical control at NS ry~l location to which they have been assigned, And shat: be under the command of the requestinq member's chie° la'r enforcement officer. Police personnel of the responding member will be released by the requesting meleber when their services .r.^ no :onger required. X. kk~ The chief law eafc:cement officer of the responding member, or his designee, in hie sole discretion, at any time may withdraw his personnel or equipraent or discontinue participation fr. any activity initiated pursuant to ~ agreement. 4 • 4 I r Y:hS:o_ cry :3x enforcer^ent o"f'per rq..,,larl•J °'~..Fto}'°d a! - suc' by a respondin^ mcnter is in the snsv'.ca c' ~eCupsl!ng ff member, he sha'! be a peace officer of :he rc^ces'"a 'nember 1 and be under the command of :he reques.ina .rc-5er s ch'.ef !aw , enforcement officer, with all the powers of a rnc:ler :.rn enforcement officer of the requesting member, as fully as though he were within the territorial limits of the i governmental entity where he is regularly employed, and his qualification, respectively, for office where regularly employed shall constitute his qualifications for office within the territorial limits of the requesting member, and no other oath, bond, or compensatloa need be made. xIl. Each party to this agreement expressly waives thq right granted by Article 999b, Section 5, Texas levised C•.vil Statutes Annotated to request reimbursement for services kR performed ;ruder this agreement. xlrr. ~ ; Any law enforcement officer or other person who is r. assigned, designated, or oreered by the chief !ax e-^or.cement officer of the member which regularly employs tin to ^erforn police dr peace duties pursuant to this agreement, sha!' ' r+I receive the same wage, calary, periion, am all other compensation and all other rights for such service, including f k injury or death benefits, and wrkers' corpensetSon benefits, the same as though the service had been rendered within the limits of the member where ho is regularly employ.. Moreover, all wage and disability payments, including workers' j ` c„npen..tion benefits, session payments, demage to a^_ripment and clothing, medical expenses and expenses o! travtl, food, . and lodging shill be pail by the member which regularly employs such persons. rt xlY, in the event that ?ny person performing lac enforcement, i police protection or detention services pursuant '.o this E' 4 !'•e':'e 510:. be eltee as a party to dT, c!.v.`.l lT..,.. stat^ 0: fo.eral, arising out of the performance o! tho:o services, { he shell br entitles to the same benefits that he wo:•ld I)e i entitled to receive if such c.'.vil action had arisen out cf the performance of his duties as a member of the ee?artment where he is regularly employed and in tha !uritejction et the member by which he is regularly employed. XV. Each party to this .greement expressly waives all c'_+ims against every other party for compensation for any 1^ss, II i damage, personal injury, or death occurring as a conser;ueoce of y i the performance of this agreement. Third party claims against members shall be overned by the Texas Tort Claims Act or other appropriate statute:, ordinances or laws of the State of :eras. ~r t XVII. It is expressly understood and agree that, in the x ` a +cution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims .rain^ In the exercise of governmental powers and f•:nct'_oea. j' XVIII. Each party to this agreement agrees t~.A% i' Ieca1 action !S brought under %his egreement, exclusive v+%;-.e shall lie in the " " county in which tha-eafendant member is 'located, and if located a in mare than one county, in the county in which the 3 offices of the defendant member are locat^d. I kJ'; X1X. § The validity e! this agreement aA of any o! Its terms or provisions, as K,Il as the rights and duties o! the parties ` hereunder, shall be governed by the laws of the State of !exas. XX. In case any one or more of the provisions contrir:ed in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such inval'_dity, illegality, T - cr an~r.fg:c^ ~!!ity 543:1 no, a•.fect a -.y c%he, 9;cv'sl.on i thereof and this agreement shill be ccnstrued i,.s r•:ch invalid, illegal, or unenloreeable provlslcn ^ad raver been ' eontainee herein. XXI. Any party to this agreement may terminate this egreenent by giving thirty (30) days written notice mailed by certified mail to the chief Inw enforcement officer of each party. E XXII. j This agreement shall become effective on the day followin7 I execution of the agreement by all parties, and shall continue in effect until it has been terminated eccoreinp to the agreement, j XXIII. This agreement may be amended or mod`L:ee by the mutual C agreement of the parties hereto in writs-.; to be ntt :hcd to i and incorporated into this agreement. MIV. This instrument contains all eommitmo^ts -nd e?reements of the parties, and oral or written ccm:,mttnents not contnined herein shall have no force or effect to alter any tam or condition of this agreement. This agreement shall be executed by thn_ duly authorized y1;` official(s) of the party as expressed in `.he a,,-}roving h' resolution or order of the governing of such Party. a co?y of which is attached hereto, and this agreement shall remain in effect until rescinded by resolution es order of s.ch governing " body and notice of that action is transmitted ie, writing to all ' A other parties to this agreement. XXVI. The parties agree that their collective tereenent may be evidenced by the execution of an identical counterpart of this instrument by the duly authorised officer(s) of erch participart, and the failure of any member to enter into this agreement shall not affect the agreement between and among the parties executing the agreement. . i r t Dated and effective as 0! the Q- day 0_ 19 CITY CF ATTEST: f ~ J . • l V CITY :~AY_z 1 1TY SECRE=kRy i I .j 1 I ,i r r .4t., APPROVED TO FORX4 i M 1 ~_T SE V~ CITY A, J r L f . „r f M ' 1 4 1 ' t 'R • ~ ] 1'. • I i t 1 1 It} 1 n 4 4 ` r 1t Ye<r F: r ' i' ~ ~ L. Ci' 4} T I ~ . 1 ~ ^M, `a Fa`r 4 ,y L I•i rv• ~ r • --^NTO~~ra7ANCE A~~ ~ StlT f WHEREAS, Dursuant to the powota granted under Article XI, Section 5, of the Texas Constitution, an6 under Article 1413 k Texas Revised Civil Statutes Annotated, (37c) and Article 999b, Texas desire to Texas, municipalities of Denton. Denton County, form a irutual aid law enforcement task force to cooperate in the inzr9tigation of criminal activity and enforcemen: of the riot enforcement laws of this state, and to provide additional low officers to protect health, life and property a9 unlawful assembly accompanied by the use of force and violence, and during times of natural disaster or man-made calamity; thatf patties the by Now, therefore, it is mutually The following terms shall have the following meanings when used in this agreements (a) *low enforcement officer' means any policeman, { constable, marshal, of sheriff, constable or deputy deputy sheriff) (b) •police personnel' means any sworn police officer, I public s6cvice officer, reserve police officer, shesifl, deputy Sheriff, constable, deputy constable, of marshal; (c) "member' means a Denton county or any municipality s which is a party to this agreements ts any city or town, including home (d) 'municipality mom rule city of a city operating under the general law or i u + • a special charters r` < w (a) 'chief law enforcement officer' means the chief of t Q+ police of a municipality, the sheriff of a county) (f) -chief administrative of[lcer' means the udyerofracitY manager of a municipality or the county i g t;ounty. IT. a The members agree to form and by this agreement do form a mutual aid law enforcement task IorCl, to be known is the "I. , Denton County Law Enforcement Task rotes. (the 'Task force r sf ~ II[. The purpose of the Task CarCe is to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to assist in providing additional law enforcement officers to protect health, life and Property against riot, unlawful assembly characterised by the use of force and violence, and outing times of natural disasters or ran-made calamity. IV. A member (the 'responding member') will assign its law enforcement officers to perform law enforcement duties outside the responding member's territorial limits when A. requested by the chief law siforcement officer, or his designee, of another ,-ember (the 'req'aasting member") x ands I 0. the chief law enforcement officer, or his designee, a: 9 1, tht responding member has determined, in his sole C discretion, that ±hs assignment is necessary for the a~ ^ investigation of criminal activity and for law a yak enforcement. V. i~'4 't' a I A responding member will assign its law Qnforcement 9 , office a to perform law enforcement duties outside the responding member's territorial limits wheni A. requested by the chief administrative office:, or his i designer, of another member (the •requesten, member') (E and s. the chief law rnioraement officer, or his designer, of x tt C= y 1 l the responding .number, in his sole discretion, has determined that the a aignment is necessary to protect the health, life and property to the requesting county 1 or municipality, its inhabitants, snd the visitors thereto, by reason of riot, unlawful assembly +y a' y characterised by the use of fares and violence, or threat thereof, by three or more persons acting Nti toqethor or without lawful authority, or during time . of natural disaster or man-mado calamity. q I . t! Pig .a YI. A responding member will assign police personnel to perform polies protection and detention services outside the responding E member's territorial limits whenf A. requested by the chief law enforcement officer, or his designee, of the requesting member, and H. the chief law enforcement officer or his designee, of the responding member has determined, in his sole discretion, that the assignment is necessary to the providing of police protection and detention services t within the territorial limits of the requesting member. VII. Any request for aid under this agreement shall in.lude a 4 t statement of the amount and type of saulpment and number of e ' a. personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and number of personnel to be E furnished shall be determined by the responding member's chief F law enforcement officer or his designee. Vill. i 4 Police personnel of the responding member shall report to the requesting member's officer in tactical control at the location to wbich they have been assigned, and shall be under the command of the requesting member's chief low enforcement officer. Yr f Ilf y . r Police personnel of the responding member will be released s: by the requesting mambas when their services Are no longer required. X. 'a. The chief law enforcement officer of the responding member, or his designee, in his sole discretion, at any time may 5 3 withdraw his personnel or equipment or discontinue i4~ participation in any activity initiated pursuant to this y:, a agreement. r I t y n I , is a1 { XI. i While any law enforcement officer regularly employed as such by a responding member is in the service of the requesting member, he shall be s peace officer of the requesting member 1 and be under the command of the requesting member's chief law j enforcement officer, with all the powers of a regular law enforcement officer of the requesting member, as fully as i though he were within the territorial limits of the governmental entity where he is regularly employed, and his qualification, respectively, for office where regularly employed shell constitute his qualifications for office within the territorial limits of the requesting membor, end no other oath, bond, or compensation need be made. i xII. Each party to this agreement expressly waives the right granted by Article 999b, Section S, Texas Revised Civil statutes Annotated to request reimbursement for services a~ performed under this agreement. X111. Any law enforcement officer or other person who is assigned, designated, or ordered by the chicf low enforcement Na officer of the member which regularly employs him to perform a rapolice or peace euties pursuant to this agreement, shall 4 receive the same wage, salary, pension, and all other :compensation and all other rights for such service, including S r V.X i ,~'6c 2r injury or death beneliter and workers' compensation benefits, 5 the some as though the service had been rendered within tha limits of the member where he is regularly employed. Moreover, all wage and disability payments, including workers' 7~Y compensation benefits, pension payments, dems7e to equipment and clothing, medical expenses and expenses of travel, food, Y+1 ~•i ~ I~ '"{tN , end lodging shall be paid by the n*mber which regularly employs t3~ y, 3r' 1,uch persons. a XIY. in the event that any person pot(orming law enforcement, police protection or detention services pursuant to this .e v 1 9~ agreement shall be cited as a party to any civil lawsuit, state arising out rf the performance of those services, or federal, would he shall be entitled cc the same benefits that he of entitled to receive if such civil action had arisen ^L't o of the performance of his duties as a member of the department where he is regularly employed and in the jurisdiction of the member by which be is regularly employed. XV. Each party to this agreement expressly waives all claims II Against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this agreement. XVI. Third party claims against members shall be governed by the Texas Tort Claims hct or other appropriate statutes, ordinances or laws of the State of Texas. XVII. E ' it is expressly understood and agreed that, in the "r waives, not shall be ` r execution of this agreement, no patty deemed hereby to waive, any lsunlty or defense that would m~ I L `1 otherwise lie available to it against claims arising in the exercise of governmantal powers and functions. Will Each party to this agreement agrees that If Segal action is brought under this agreement, exclusive venue shall lie in the county in which the-defendant member is located, And it located in more than one county, in Cie county in which the principal a • ` offices of the defendant member are located. XIX. ' The validity of this agreement end of any of its terms or provisions, ss wall as the rights and duties of the parties by the laws Of the State of Texas. d r, shall be governed hereunde P XX, rovision$ contained in this In case any one or more of the p Illega di lr`. drrt r agreement shall for any reaeon be held to be invalid' galityl, L" at unenforceable in any rHPact, such invalidity, r, or vnen[oreeability shall not affect any other provision thereof ■nd this agreement aMil be construed +s if such rceable provision had never been } invalid, l11e9a1 , or unan[e i contained he rein. XXI. t by 1 Any pasty to this agraement may terminate this Certifiedral" giving that, I101 days written notice maile_ by by to the chief law enforcement offices of each pastY• !!!i RXI1. This agreement shall become effective on the day following and shall of the agraement by all parties, continue an terminated 4ecordin9 to the in effect until it has be agreement. ' 70fIII. This agreement may be amended or modified by the mutual tties hereto in rtiting to be attached to agreement of the pa t and inCOrpOratad into this agreement. Mv. l to of instrument contains all commitments and agreemen This ' onto the patties, and Ofal of written Commitm not contained ri hecsin shall have no force or effect to alter any term oc a condition of this agreement. X V' authorized This agreement shall be executed by tt,e duly oEEicial(el of the patty 27 axpreased in the ePPtOVinq ' Copy of w F of such patty, a " ; . resolution of order at the governing n !n eme which is attached hereto, and this agrent shall remai 4' ;•rif Na010ti0n of Order of such 90Ve9nin4 effect until rescinded by body and notice of that action is transmlttod in writing to all ty r3r '''1 other parties to this agreement. 'px~ + Ths patties agree that their collective agreement may be evidenced by the execution of in identical eountarDirt of this ee tiw ineirument by the dul;r authOrized OLLir(s1 of each i °ti y?~rr ;i~ member to enter into this u ;v Pattlcipantr and the follure of a between and among the alWt the Ogreement a reement shall not 9 parties executing the aq!eemenl. % v r. 14 A h 1 C f i Dated and effective as of the daY Of x.8831 titt; 19" ri ATTESTI CITY OF Lf3kE DRLliC i I I' L5` i CITY SECRETARY CITY MAYOR ! APPROVED TO FORMi I 14 ~ ` CITY ATTORNEY f S I e a r r{ R Maur<y~ .i,w n 4r t k I .r 4 !r 'r~JG 1~I 7 u C t7. i X '1 1 r: :.'li i p , r. ; a t a u t 1 i CITY ofDENTON,TEXAS MUNICIPAL BUILDING / DENTON,TEXAS 76201 i TELEPHONE(817)566.820D { i l M E M O R A N D U M LATE: August 18, 1987 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance r~r 4 f v; SUBJECT: FISCAL YEAR 198:-88 ESTIMATED TAX C4LLLCTIUN RATE CERTIFICATION d 21 Under Senate Bill SB 142U (effective June 200 1987), an estimated collection rate for the calculation of the effective tax rate is required to be certfied to the local governing body. 7~r ~ ~°rr • Based on historical performance (see Exhibit A), Fund estimates j of current year activity, the estimated collection rate for the X preposed fiscal year is 99.91. (The per cent collection rate is ' ry based on the total current and delinquet collection compared to the current levy). The estimate that was used in the effective rate calculation for the fiscal year 1987-88 is 99.91. (See Exhibit B). Any deviation from this per cent is to be corrected in the following year's effective 'fax Rate Calculation. (Current Effective Tax Rate Calculation attached). If you need additional information, please advise. ,r % rt t. JFMCG:af Attachments 2656F l gyp'' 1. ; r , ,r i t ' EXHIBIT A Total Collections Fiscal as s Percent of r' Year Current Levy 1f .J r, 1982 99.041 r' { 1983 98.041 1984 ddr,F + •J 99,291 eA" 1965 99.771 , 1986 96.541 y~e r + Y +~9 v " f' x ~4 1 ~ ~ h x 9 f r >t ^l x ~ r ~ ~ t ti r~r 1 ~7 L f~ [ V f r S vs, At yn ;r " V7, r 256SP A 1:.4 if N T R ~ ~~"Ifl 1 w l 'r''. 1M ti A 1 I4 WF{p~ ~ 1 1 ~ f 9 . p} f 1 • M1 T ~l Jar` r. 1 o [rid xr ' f + I L. n x ~I, a J 1: a y , CITY OF SPECIAL DISTRICT: City of Denton EXHIBIT B NOTICE OF CALCULATION OF EFFECTIVE TAX RATE, ESTIMATED UNENCUMBERED FUND BALANCES, AND DEBT SCHEDULE I, William J. Anderson, Controller for the City of Denton, in accordance with Section 26.07, Property Tax Code, have i calculated .5489 per $100 of value as the tax rate which may not be exceeded by amore than three (3s1 percent by the governing body of the City of Denton without holding a public hearing as required by the code. The estimated unencumbered fund balance for Maintenance 8 Operations Fund: 1,224,039. The estimated unencumbered fund balance for Interest 8 Sinking Fund: 1,569,0761 The following schedule lists debt obligations that 1987 property taxes will pay: E Principal 8 Interest Requirements i for 1987.88 Principal Interest Total ' 1985 General Obligation Refunding ; 1,910,000 $ 1,534,525 ; 3,444,525 1987 General Obligation 175,000 364,875 539,875 ,000 54,900 79,900 25,000 Certificate of Obligation v 0 80,936 60.936 1987A Certificates of Dbligato,i n Ra lr $ TOTAL DEBT SCHEDULE 2,110,000 $ 2,035,036 ; 4,145,236 12,000 r" Paying Agent Fees TOTAL DEBT and Paying Agent Fees CALCULATIONS USED TO DETERMINE EFFECTIVE TAX RATE '7> vv~t ~r, l I~ 10,791,725.01 E 'r A 1, DATA 1, Total tax levy from test years roll. • ' ' ' ' ' ' ' ' . f 0.5900/$llX) +,•i' ti` x r 2. List year tax rate 1$0.3702 M60 and $0.2198 ISS) . . . • • ' $ 3,917,944.91 3, last year Debt Service II65! levy 4. Last year Maintenance and Operation (M60! levy 6,873,780.10 $ 0,00 5, last year MAO taxes on property in territory that has ceased to be a part of unit this year. 22.471.49 W 6. Last year NO taxes on property becoming exempt this year....... $ $ 7. Last year MAO taxes lost because property is appraised less then market value this year. 29,364.08 ; 2,050,294 617.00 8, This year total taxable value of all property..... • ' • ' ' ' ' ' $ 68,369,669.00 ; r 9. This year taxable value of new improvements. • • . • • ' 13,029,772.00 10. This year taxable value of annexed property.. • • • ' • ' ' 4,157,236.00 4+µr 11. This year tax levy needed to satisfy debt service 1165! p,0p00/$100 .11 , r 12. Rate to rats! Last year tax levy due to appraisal roil errors... 13, Rate to regain taxes lost last year due to appraisal roll errors , . . • ; 0.0000/$100 o 00 s ti X$' "1 ",',r 14. Last year taxes used to regain prior lost levy . • ' ' ' ' ' ' ' $ 0 16, This year taxable value of over-66 Homesteads with frozen taxes. . . . • ' $ 0,00 16. This year M80 Levy of Over-65 Homesteads with frozen taxes • ' $ 0.00 t 17. This year 165 levy of Over-65 Ypneateads with frozen taxes ' ' ' • ' //ttyy 1 , r I +a , F CITY OF SPECIAL DISTRICT: City of Denton NOTICE OF CALCULATION OF EFFECTIVE TAX RATE, ESTIMATED UNENCUMBERED FUND BALANCES, AND DEBT SCHEOIILE Page 2 it. CA'CULATION Maintenance and Operation (MAO) Tax Rate 1. (A) Last year tax levy (Data 1) . . • • . . . . . . . . . . . . . . . . ; 10,791,725.01 (8) Subtract last year debt service levy (Data 3) 3,917,944.91 ' (D) Subtract last year taxes on property no lonyi- in unlt(Data 6) 0.00 (D) Subtract last year taxes on exemptions (Data 6) . . . . . . . . . . . . . . . . . . • ; 22,471.49 (E) Subtract last year taxes on productivity valuation (O.ta 7) . . ; 29,364,08 (F) Subtract frozen MAO Levy of Over-65 Homesteads (Date 16). , . , . . . ; 0.00 (G) Subtract last year taxes used to regain lost prior taxes (Data 14). . - 0.00 (H) Adjusted last year levy . . . . . _ $ 6,821,944,53 2. (A) This year total taxable value on all property (Data 8) . . . . . . . . . . . . . ; 2,050,294.577.00 (8) Subtract this year value of new improvements :Data 9) . 68,369,569.00 IC) Subtract this year value of annexed property (Data 10) . • $ 13,029,772.00 ` J (D) Subtract this year taxable value of Over-65 Homesteads (Data 15). . . . . . . . . . - $ 0.00 (E) Adjusted this year taxable for MAO . . . • $ 1,968,895,236.00 3. (A) Divide adjusted last year MAO levy (1-H) by adjusted this year taxable for.M80 (2•E). ; 0,003464 (8) Multiply by;1DO valuation . . . . x 100 r (C) Effective MID rate for this year . . . . . . . . . . . . . . . . . . . . _ : 0.3464/;100 ~ k S= INTEREST AND SINKING MS) TAX RATE i 4. (A) This year i,,S Levy needed to satisfy debt (Data 111 . $ 4,157,236.00 t` (B) Subtract frozen IAS levy of over-65 Homesteads (Data 17) i 0.00 a (C) Adjusted this 3'ear IAS Levy . • $ 4,151,236.00 xr (0) This year total taxable value of all property (Data 8)........... ; 2,050,294,677.00 (E) Subtract this year value of over-65 Vomesteads (Data 15) . . . . - $ 0.00 i " (F) Adjusted this year taxable value for IAS. • $ 2,050,294,517,00 A, (G) Divide this year [AS levy (4-C) by this year adjusted taxable .zlue for IAS (4-F) 0.002027 kt ' (H) Multiply by $100 valuation x 100 (1) Effective !AS rate for leis year, ; 0.2027/$100 1 fJ) Collection Rate . % 99.9 (K) Adjusted 1AS rate for this year $ 0.2025/$100 r a 7 « l v 71 ' TOTAL EFFECTIVE TAX RATE FOR THIS YEAR } S. (A) Effective MAO Rate (3-C above) . 0.3464/$100 (B) Add effective IAS rate 14-K above), + ; 0,2026/$100 ear Effective Tax Rate, . . . . . . 0.5489/$100 (C) This y $ 6, (A) The wximua Rate the governing body can adopt without publishing notices and holding 1 + hearing $ 0.6654/$100 (B) The ■aximum rate the governing body can adopt before the payees tan initiate call-back petitions III $ 0.59281$100 2 1987 Effective Tax Rate 1s tte tax me published as required by Section 26,04, Property Tax Code r ,s • I ; z '1 4 « y, ,_II 1 /r t CITY of DENTON, TEXAS M'1N1C(PAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 I M E M O R A N D U M jATE: August 7, 1987 TO: Lloyd Y. Harrell, City Manager FROM. John F. McGrane, Executive Director of Finance SUV ECT: PROPERTY TAX CODE PUBLIC NOTICE AND HEARING REQUIREMENTS In order to comply with the State of Texas Property Tax Code I1 requirements for "truth-in- taxation", rate forattached is t e19 seven (7) ` , 4 1 fiscal year 87-88. < step process of adopting our The Proposed 1987-88 budget includes a tax rate of $.59 per $100 valuation which is 9.491 greater than the effective tax rate. t As indicated in Step 3, 4 "the governing body must take a record vote on a proposal to consider the tax increase'--specifically. on whether to ,,lace a proposal to increase taxes to f the proposed amount as an action item on the agenda r of a future meeting. The results of this vote will be published in the first truth-in-taxation notice. The governing body must also schedule, a public hearing on the proposal. The hearing must take place on a weekday that is not a public holiday, at a location within the unit's boundaries, and in a public building or in another suitable place normally open to the public if a public building isn't + available. M If you need any additional information, pease advise. >k. F ,r o n c rane Jfe',:G:af Enclosure 2656f { `r f 3u i'•',~ ...r . ;y,ap,. .w;c',. . ...+.~..,l.;i La....u,.;Sri,D', Ynrtr7;a..Mir.~d+s.OrwYa•A Vs°nw.F`Yy4W: Y.. : PART 4 Notices & Hearings notice. Once the effettive tax rate has been published and reported to theme first he aotitt - published before Augus131,1987, the unit mull set out he goveming body, the duty of complying with truth-in-uxatioa cifical (notice 6 laws shifts to that body. Failure to carry out this duty in good faith use the old notice. The wording this Form 5 a pagell9; units also carries a high price: it the unit doesn't comply with the notice in Section 26.06, Property Tan Code and hearing laws, a taxpayer an go to court and enjoin tax with indigent health care expenses should use Form 6 on page 20). roposed e iel inhe Files suit Wore junction stops t the llections until he unit satisfies raterep resents o er the effective taxgratee,, w~ti talculat tax x bit bills. T }unction Ps subtracting he effective rate from the proposed rate and dividing effective rate, The notice m ust state the time, date, the mart that it has complied with the la ni the How truth is taxation will attest the unit is opt. Ce ned by the he result of the public bearing, and must report he names of amoant tax the governing body wantsadoptpercnttl the &ad body member and howeacbmembervotedonhe i body must deter ermine he these 1Krceot and eight percent limits; each governing body t decide bow much tax must be levied; comply with notice and hearing requirements prom than this information, no extraneous information. should ' e c 'on if the ~dy ed i,i the nonce. The notice musrfoflowtihecodr't warn. ng f the tax u; a x rate; and, i potentially, tax administer he a hr rollback rant li met adopt tax exceeds the eight percent limit if the ootice is published esker August 31, 1987, the new requirements of HB 328 apply. Step determine three percent The new notice of public hearing must contain considerable & eight percent limits additional information about taxes. In addition to he statement rst l The f listep it to dy the ito the limits. To determine the three that must be published under current low, the notice must also percent lmit, multip enlout d ti tax rate by 1.03. To contain he following information, determine he eight per percent limit, Multiply the total cfiertive tax rare by 1.08. . last year's adopted tax rate and this years proposed tax rate, expressed in dollars per $100 of taxable value; Step 2: decide how much a the difference between last years rate and this year's rate, tax must be levied pressed as an amount pet 5100; 3 nts to last years raft to the i The governing body must next decide bow muchtax itwa ex + levy before it formally adopts a rate. If the amount under • pthe r percent increase or t decrease S10 ; from l proposed rate; t t * the opaverageappraiudvalueofaraideace homestead in the consideration doesn't exceed the three percent limit, one set of rules w tO110 't, he unit must appraised Y tortt l and the average apply. if it does exceed t hehree rcentl Pe year, are available unit less exemption(s) that a truth in Taxation's notice and hearing rules. value this ear the unit's general homestead , Increaseofthree percent orlesa: If the governing body adopts a to all taxpayers, not including over-65 or disabled persons' lax Tale this is lower than or equal to the three percent limit, it an exemptions; skip now to Step 7: Adopting ■ Tax Rate. The governing body tithe Average taxable value of a residencehomestead in the unit need not publish any more truth=in-taxation notices or hold public last year and this year, disregarding over-65 or disabled persons' hearings. It need only adopt its tax rate by official action at a exemptions; last meeting that has been properly Posted and is open to the public. I he amount of tax that last years tax rate imposed oa ~ The debt component of the adopted rate must equal the debt rate year's av:•rage bomestead, disregarding ovcr65 or disabled publi;bed in the effective rate calculations. persons' amount ti that this year s proposed tax rate would three three percent increase: the proposed rate goes of tax Greater than over the e three percent limit, the governing body must comply with impose on this year's average homesrad, disregarding over-65 ' exemptions, all the remaining steps before it adopts a fix rate. or disabled persom a the dollar difference between last yeas average homestead Step 3: vote to propose a tax increase tax and this year s proposed tax; and The governing body must take a record vots on a "proposal to • the percent increase or decrease from last year's tax to he consider the tax increase"-specifically on weether to place a proposed tax. i proposal to increase taxes to the proposed amount as an action The unitmustfollo,: theStauPropertyTaxBoard'Iprescribed 1 item on the agenda of s future meeting. The results of iris vote will format and wording in publishing the new information. As this be published in the first truth-in-taxation notice. m , the State Property Tax Board lad d a went format to press, the ins eta adoption in Emergency Rule ld The goveming body must also schedule a public hesring on the pamphlet proposal. The bearing must take placeon a weekday that is note 53A1 which is shown as Furor 3 on page 17 ( Emwith indigent public holiday, a location within the laces boundaries, and in a health care txpenses should use Form 4 on pose 18). public building or in another suitable play normally open to the e There are also specific requirements for the sire of the notice . It • public if a public bolding isn't available' must beat least a quarter-page in site of s sundardaiae or tabloid. Step 4: publish first quarter-p ige notice size newspaper (see the examples on pages 17.22). Next, the govuningbody must publish the firstof two public I he notices headline mustbe srt in I $-point type or larger. The TRUTH INrTchissified section of the r notices H8323,effectiveAugust31,1987,changes theword ingot notice cannot be published AXATION/ 1981 , N 8 newspaper. The nodu.• must appear at least seven days before the Step 7: adopt the tax rate in public meeting date of the public hearing. Finally, once all of the prerequisites have been met, the The newspaper must be a publ;ca;ion that devotes at least 25 goveming body must adopt the tax at the meeting scheduled for the percent of its space to general interest items, is published at least purpose. once a week, has been regula,ly published for at Icast 12 months The following rules apply to tax rate adoptions for all taxing before the notice u placed, and 6 entered as second-class postal units, regardless of whether the tax rate is raised, lowered, or matter in th,- county where it is publMed. maintained at the same level. Step 5: hold a p bk hearing Agenda item: Adoption of the tax rate must be a separate item on y At the designated time and place, the governing body nust fold the agenda for the meeting of the unit's governing body. School a public bearing on the tax increase proposal. The increase is the districts must adopt a budget batore adopting t tax rate. only item on the agenda; a quorum must be present; and taxpayer, must have the opportunity to express their views on the increase. Open meetings notices: As with any meeting of the goveming At theendthegovemingbodyt,iustset fm date, time, and place of body where a quorum is present to d6cussgovemmeotbusiaess the meeting at which they will vote on the tax rate and announce notice of the meeting must be published in compliance with the 3 the information to those present open mxtings laws and the meeting must be opeo to the public. The governing body must follow a tight timetable once the Official action: The goveming body must adopt a t ,x rate by public bearing is over. The meeting to vote on the tax rate must official action as a written ordinance or order. The Property Tax take place no less than three days and no more than 14 days after Code doeso1 set o'it special wording. Nevertheless, school districts the public bearing. Like t5e public hearing, the meeting to vote and general-law cities should phrase the r.t'on as an ordinance. must be held on a working weekday in a public building or it Home-rule cities should do so unless the charter provides suitable substitute within the unit's boundaries. otherwise. A sample ordinance for a city appears as Form 9 on t Step 6: publish second quarter-page notice page 23. After the hearing and before the meeting to vote, the governing County quorum: At least four commissioners must be present for body must publish a second quarter-page "Notice of Vote on Tax a county to adopt a tax rate; at least three must vote for the rate. Increau." Again, the notice must be at least a quarter-page in size, ' arty a headline in 18-point type, appear in a sukible newspaper in Two-part rte: if the governing body levies both a maintenance sections other than the classified or legal sections, and follow tax and a debt tax, the rate must be adopted showing the two strictly the wordini 'et out in Section 26.06, Tax Code. A sample separate components. Counties may have several, depending on notice appear as Form 7 on page 21 (units vdth indigent beakh the number of taxes they levy, but each county tax rate should be care txpensrs should me Form 8 on page 22). broken down into dent an,1 maintenance components. y ,r i ' i I a J, I s a i i t 'r 1 I i i EPHOE 606-8307 CITY of DENTON, TEXAS MUNIC!PAL BU1L01Na / DENTON, TEXAS 7E201 TEOM ce oNf the(81C7)HI man M E M O R A N D U M ` P ; Mayor and Members of the city Council Jennifer Walters, City Secretary FR. j1 DATE: August 13, 1987 SUBJECT: Back-up for. Agenda Item 1 12 information on this item is located with Agenda Item Back-up r la 4 i Cr I . f1 e 1r ~ \ 1 r`. /Nr I v o 1 M1 tert ter" ~z Jen Eer r. y " 1. 2727C/2 rry ~i J~ ih >w t~l if4 S~f r0 4 y 4 \ c'rl j~.f A •e 1 F •Ir OWN ' 'Aj 7 /3r t -8301 :tt 4 TON, T~XA$ MUNICIPAL ElUf1DfN0 / DENTON, TEXAS TE20f /TELEPHONE oh(s fly Manep~ r~N 0~ ~ s ~ M E M O R A N D U M Mayor and Members of the City Council TO: City Secretary FROM: Jennifer Walters, Auguat 13, 1987 DATE: Sack-up for Agenda item 113 SUBJECTS laced on office and requested to be pound feia t, came into my Runt and imp 1 aste Mr, Carl Young Appearance the agenda to discuss the annual Thereris Egg written back-up enda item. A copy of the Guidelines for s from the Animal Control Center. 3r s. ! material for this ag c. Al before the City Council has been moiled to Mrr. You,~B• 1 ,4 V a•ii r' h r + a ' , 7 b S Jenni Wa ers 2727C/2 . ~ r A k 1 " v Y# . t r{, aril ..t' t P• ` * r r' yF ` ~ yq;Or % • • r a. wl f k~ d "a ®u i w~ R . i i s F ref r r