HomeMy WebLinkAbout10-05-1987
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AGENDA
CITY OF DENTON CITY COUNCIL
October S, 1987
Special Called Meeting of the City of Denton City Council on
Monday, October S, 1987, at 5:00 p,m. in the Civil Defense Room
of the Municipal Building at which the following items will be
considered:
i
t 5:00 P.M.
r4 , ~
1. Executive Session:
i t A. Legal Matters Under Sec. 2(e), Art, 6252.11
V.A.T.S.
1, Hold a discussion on the litigation between
Comanche Peak and TMFA,
B. Real Estate Under See. 2(f), Art, 6252.17
< r! V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
,sr Art 6252.17 V.A.T.S.
k 2. Hold a discussion regarding the Denton County Water
Stddy.
3. Discuss a report regarding traffic access around the
Texas Instruments site,
Discuss recent statutory revisions which allow the
Cit/ to increase the maximum fines for violations of
City ordinances.
F S, Hold a discussion regarding the City's participation
i i,i the National Civic League, Inc.
1 I
"CERTIFICATE
f
I certify that the abuve notice of meeting was posted on the
bulletin bo d at the Cit Hall of the City o enton, Texas,
on the day of 1981 at o'clock
saA
SELRbUAKT
27S4C
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AGENDA
CITY OF DENTON CITY COUNCIL.
October S, 1987
s
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Special Called Meeting of the City of Denton City Council on
Monday, October 5, 1987, at 5:00 p.m. i1 the Civil Defense Room
of the Municipal Building at which the following items will be
considered:
5:00 P.M.
I
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
Y.A.T.S.
I. 1. Hold a discussion on the litigation between
Comanche Peak and TMPA.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
d Art 6252-17 V.A.T.S.
"c
2, Hold a discussion regarding the Denton County Water
Study.
3. Discuss a report regarding traffic access around the
Texas Instruments site.
4. Discuss recent statutory revisions which allow the
City to increase the maximum fines for violations of
City ordinances. ~
S. Hold a discussion regarding the City's participation
in the National Civic League, Inc.
t I
t1
~M1a
C E R T I F I CAT E
i;
I certify that the above notice of meeting was posted on the
~w bulletin board at the City Hall of the City of Denton, Texas,
RI°
1987 at o'clock
on the day of ,
p
CITY SECRETARY
2754C
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October 6, 1987
CITY COUNCIL WORK SESSION
AGENDA ITEM
DISCUSS DENTON COUNTY ',MATER STUDY
In 1986, representatives from several communities thmighout Denton County plus
representatives of Dallas and the Denton County Commissioner's Court began
meeting to address the concern of long-range water supplies for Denton County.
Subsequc. tly, a Committee was formed which was ultimately comprised of some 25
entities Including nearly all the communities In Denton County plus several water
j supply districts. The various entities involved, including the City of Dallas and the
Denton County Commissioners, funded on engineering study to analyze the
long-range water supply, water treatment, water distribution and water transmission
In the County plus the associated concern of wastewater collection and treatment
for the County. I
The engineering firm of Espey Huston and Associates was hired to conduct the study
at a cost of $250,000. The various entities contributed approximately $195,000 to
the study of which Denton County provided $100,000, the City of Dallas $40,000 and
Denton's share of $11,310. Also, the City of Denton, on behalf of the Committee,
made application to the Texas Department of Water Resources for a matching grant
to help fund the project. A grant from the Texas Department of Water Resources In I
the amount of $125,000 was received.
The study was Initiated in January 1987. Lee Walker, Denton County Commissioner
served as the Chairmen of the 25 member Steering Committee, and Bob Nelson l
served as the Project Manager interfacing with the Engineering Firm. The Steering
Committee met rrunthly from January 1987 to the present date. The study was
divided into four segmentar
j
a 1. Preliminary Assessment which Included Interviews with each of the
various part[cipants end identification of their population estimates,
water/wastewater requirements and plans that they had for
water/wastewater facilities. '
i 2. Ana I s19 end Defining D11rrna ona of the Protect which Included making an
inventory of all existing and committed facilities, meetings with all
! w stewater agencies,
w ter requirements
aand
ntificatlota of water
nd
conceptual development of various alternative service strateglea.
3. Evaluation of Alternatives which included evaluellon of the various
possibilities of service, seaessment of infrastructure requirements, review
of the various alternatives with the major entities, plus working with legal
and financial advisors concerning alternative Institutional strategics.
4. Development of Infrantructural Plans which Included recommending the
top three Institutional alternatives with tiost of proposed Infrastructure,
preparation of Implementation schedules, and recommendations for !
financial and legal strategies for funding the Initial cost of the
E organization.
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Three basic alternatives were provided for the development of water services in
various areas of the Countyi
1
Alternative lr Trl-Reglonal Strategy
{ This alternative Included the establishment of a County-wide Reglonal Water
{ Authority that would develop water systems In three separate areas of the County.
The northern part of the County which Includes Denton, and the area from Hickory
Creek and Argyle north to Sanger, Pilot Point, Aubrey and some entities to the
f northeast of the City of Denton.
The south regional area which would Include from Lewisville to the southwestern
part of the County with a major 100 MCD plats built in the Flower Mound area.
The east region area which would include The Colony, Little Elm and communities In
the eastern, southeastern portion of the County, and possibly North Carrollton
Each region would be a separate cost center based on facility costs for each
respective reglon.
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Alternative 2. Comprehensive Regional Plan
This alternative also Included a Regional Water Authority encompassing the entire
County, but It essentially had two major regional facilities, one in the northern part
of the County In which Denton would serve as core partner, and a fairly large plant
In the area of the Colony along with a pipeline that would serve Lewisville and on
towards Flower Mound and the southwestern part of the County.
Alternative 3. City Wholesale Concept
i This alternative Included the three major titles In the County, Denton, Lewisville
and The Colony expanding their facilities to provide service to their surrounding
„ neighbors.
The Steering Committee recommended the .'ri-Reglonal Plan as th • best alternative
to serve the long-term needs of the County.
It was discussed that appropriate contractual arrangements between a participating
i City and the Regional Agency would be one In which the city would sign up for a
definite volume commitment from the Agency and the Agency would construct a
facility or contract with either Denton or Lewisville as a partner In a plant that
they plan to construct. The water rates would be based on the fixed cost of each
citiy's share of the capacity and the variable cost would
be based on respective Citcosts
associated with pur.hasing, treating and pumping he wares to the
Wastewater treatment alternatives varied from the Tri-Regional Plan and generally
followed drainage bealne. The wastewater service plan generally followed the !
existing city's wastewater treatment systems with the addition of new plants as '
r required by population growth The greatest emphasis was placed on a major new '
wastewater treatment plant south of Lewisvilld that would serve Lewisville, Flower
Mound :M some communities In the southern part of the County.
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The wastewater plan alternatives considered building the plant south of Lewisville
or a lift station at that location and pumping the wastewater to a plant on the east
side of the Lewisville Reservoir so that the effluent could be returned to Lewisville
Lake. Another option included discharging Into Trinity River Authority's system;
however, this option would result In the lose of the wastewater flows from the
Lewisville Reservoir system.
l
The overall estimrted costs for all facilities to the year 2010, including those
fecidtles already being planned by Lewisville and Denton, were approximately $200
million for the water system, and $100 million for the wastewater system.
Z The Engineer Is expected to have a draft report complete by mld-October E
which will be reviewed by the Steering Committee by the end of October and then }
be available for presentation to the various entitles thereafter. The next major step {
will be Implementing the Master Plan. The Steering Committee has recommended
that a select Blue Ribbon Committee of civic leaders be assembled to help educate j
the various communities about the Master Plan and to assist in d veloping j
appropriate legislation to create a Regional Agency. It is anticipat A this
educational effort would be ongoing through the first quarter of 1988 with legislation
drafted by the second quarter of 1988. 'ihe legislation would then be submitted to
the Texas State Legislature In Jan oary 1989 and the creatlon of the Agency could be c
accomplished by the second quarter of 1989.
F r Although It is not anticlpeted, at this time, that Denton would need the services of i
the egency for wafer treatment, wastewater treatment, water transmisalon or sewer
collection services. The initial assessment is that It would be very beneficial for
Denton to be a member of the agenicy for long-term water supply development. It
continues to be Denton's policy that Denton would serve as a core majority owner of
any water/wastewater treatment facility In the northern region of the County, and
j
l ! that the regional Agency could contract to be a partner with Denton In such plants
and thereby serve other cities in the northern region. 1
Included as attachments herewith is a map showing the Trl-Reglonel Water Strategy, I
Comprehensive Regional Strategy and City Wholesale Concept along with water
usage volumes and estimated cost of the water system, and also a map of the
wastewater service plan and associated wastewater volumes and estimated cost of
facilities.
Also Included Is a suggested action plan for Implementing the recommended regional
system, plus a document from Hutchison, Price Boyle and Brooks regarding major
Issues involving establishing a regional agency.
PREPARED do AP OVEDr
R. E. Nelson, Executive Director
Department of Utilities
Attachments
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i TABLE 2-1.1
TREATED WATER REQUIREMENTS FOR
TRI-REGIONAL STRATEGY
CITIES WITHIN THE DENTON WHOLESALE SERVICE AREA
Average Dally Demand
(MGD)
1990 2000 2010
Corinth 0.92 2.89 3.09
Denton 12.36 18.16 23.20
Hickory Creek 0.40 0.91 1.72
Krum 0.16 0.21 0.30
Lake Dallas 0.43 0.30 0.34
A. ,t Ponder 0.04 0.06 0.08
` Shady Shores 0.14 0.20 0.22
h TOTAL AVERAGE DAILY DEMAND 14,43 22.93 31.15
.
kk Drought Demandl 16.62 26.37 35.82
rE Required Treatment Plant Capacity2 34.90 33.38 73.22
r; Less Anticipated Plant Capacity 30.00 30,00 30.00
r q~t k Additional Water Requlred3 4190 23.38 43.22
`'k 1 Drought demand is esr.lrhated to be 15% greater than average day demand.
{ 2
Treatment capacity Is estimated to be 2.1 times drought demand.
3 Additional treated water required would be supplied by the proposed North
Regional Plant.'
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TABLE 2.1.2
i °TREATED WATER REQUIREMENTS FOR
TRI-REGIONAL STRATEGY
CITIES WITHIN THE NORTH REGIONAL SERVICE AREA
Average Daily Demand
MGD'
1990 2000 2010
i
' Aubrey 0.16 0.23 0.33
Cross Roads 0.03 0.08 0.12
' f
Denton)
2.03 10.31 18.72 4
l Krugerville 0.09 0.13 0.24
X Lineoln Park 0.03 0.08 0.13
Pilot Point 0.33 0.58 0.86
Sanger
l~ 0.63 1.28 2.20
TOTAL AVERAGE DAILY DEMAND 3.36 12,93 22,62 u
Drought Demand2
3.86 14,87 26.01
North Regional Plat 8.11 3123 34.63
Capacity Required
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k 1 Additional average dally demand required by the City o1 Denton to serve their
`4 t wholesale customers, as determined in Table 2.1.1.
2 Drought demand Is estimated to be 15% greater than average day demand,
M ' 3
Treatment capacity Is estimated to be 2.1 times drought demand,
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TABLE 2-CC
SUMMARYi PRELIMINARY ESTIMATED CONSTRUCTION COST OP
ALTERNATIVE WATER SERVICE PLANS
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Estimated Cost-Year
Item 1990 2000 2010 Grand Tota
TRI-REGIONAL CONCEPT
I. North Regional Service Area $21,172,400 $22,148,020 $230529,760 $ 66,850,180
2. South Regional Service Area 230912,700 41,102,240 32,222,360 97,237,300
3. East Regional Service Area 0.00 23,443,700 11,043,800 36,491,300
Total $4500850100 $8806931960 $66,798,120 $200,379,180
COMPREHENSIVE REGIONAL CONCEPT
1. North Regional Service Area $211172,400 $22,148,020 $24,816,960 $ 689137,380
i 2. South-East Regional Service 77,334,900 48,709,940 33,543.800 161,390.640
Area
Total $98,507,300 $10,837,960 $6003620760 $229,728,020
CITY WHOLESALE CONCEPT
I. Denton Service Area $2200840400 $22,1480020 $26,301,320 $ 70,333,940
2. Lewisville Service Area 23,086,000 409352,400 29,600,000 93,0380400
3. Colony Service Area 0.00 25,445,700 111043,800 36,491,300
Total $47,170,400 $8709460120 $660947,320 $202,063,840
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TABLE 3-1
WASTEWATER SERVICE PLAN
TOTAL TREATMENT [REQUIREMENTS
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Proposed t
Average Dally Flow Plant
(MGD) Capacity
Service Area 1 90 200 201 (MGD)
Lcwlsvllle, Flower Mound and 14.39 29.22 38.39 38.73
(l) I
and the Southeast °
1 Denton 11.13 16.73 22.18 20.00
ti r, North County 0.98 1.69 4.7$ 5.00 y
Lakewoo(i Village and Little Elm 0.28 0.41 0.61 0.70
The Colony 1.89 2.74 3.35 4.00 (2)
ri~ i'r ;are , A il'M
c f Southwest 0.16 0.28 0.34 1.00 (3) f
` I~rA 1 ! ! 4 .I
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Lake Cities MUf.
0.92 1.23 alas 2.20
Total 29.61 32.27 69.92 71.65 j'
Notes:
1 Total treatment plant capacity of Lewisville, Flower Mound and a new Southeast
Regional Plant.
2 Plus additional flow from Frisco.
1 3 Plus &,Idltlona; flow f: nm outside the Study Area.
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TABLE 3-2
PROPOSED ADDITIONAL PLANT CAPACITY
r
(MGD) Total
Service Area 199-2000 261a Required j
r
Southeast (new) 5,00 10.00 10.00 23.00
Denton
a North County (new) 0.19 3.24 5.43
Lakewood Village and Little Elm 0.08 0.07 0.10 0.23
The Colony 1.03 4.00 •
I
Southwest (new) 0.09 0,26 1.00
F+
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k, Lake Cities MUA
Total 5.27 10.16 16.65 32.08
'
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(Asterisks Indicate a higher capacity may be requlred,)
a. • Frisco :low Is not Included.
y o? s Flow outside of Study Area Is not Included.
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TABLE 3-4
SUMMARYt ESTIMATED CONSTRUCTION COST OF WASTEWATER SERVICE
BASE PLAN*
Costs of Implementation
Systems 1990 2000 2010 Total
Southeast System $230503,253 $2914740881 $2110000000 $ 73,3280134
Denton System 199590306 520,000 1,317,504 3,796,810
North Denton System 9460985 170634,197 18,3810182
Lakewood Village System 1,5750331 298,210 3159000 2,1889541
Southwest System 3780784 2300000 5500000 1,158,784
Lake Cities System The Colony System 2,500,000 2, 500,000
TOTAL $280363,659 $30,523,091 $4303160701 $10202030451
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' *Base Plan- Build a raw pump station at a southeast location and pump to a new Treatment Plant site on
the east shore of Lake Lewisville. Effluent quality for all plants was assumed to be 10/15/3
(BOD/TSS/NH3I.
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{ 4.0 SUGGESTED ACTION PLAN FOR IMPLEMENTING THE
RECOMMENDED REGIONAL-SYSTEM
The following Is a preliminary list of action items necessary to Imple-
ment the regional master plan. This list Identifies several key decisions to be made
during the Implementation process. Additional items will become more readily
= apparent as the Implementation process continues.
1. Adopt the Tri-Regional Service Plan as the preferred strategy.
2. Designate an Interim agency for Implementing the plan and for pursuit of
avall,ble loans or grants.
3. Start the process for Inclusion of the recommendations in the NCTCOG
regional plan and the State of Texas plan.
4. Begin planning for creation of and appointments to a strong$ blue ribbon
' civic committee to carry forward the Implementation process.
3. Complete the report and obtain approval of TWDB.
6. Authorize engineering and strategic studies for Implementation of the ~i
recommended water supply exchange between NTMWD, Denton County
and City of Dallas--with participation of City of Irving In the pipeline.
7. Present the plan to participating agencies and obtain resolutions of
support from as many participating agencies as possible--especially from
the larger entities, b..
S. Conduct public hearing on the plan In conjunction with NCTCOG and
Texas Water Commission.
9. Select and appoint the blue ribbon Implementation Committee. Develop
a strategy for Interim funding. Maintain the present Steering Commit-
tee in an advisory role to the Implementation Committee.
10. Coordinate with TRA and NTMWD and explore the posilbillty of their
participation.
11. Begin the drafting process for proposed legislation.
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12. Apply for appropriate grants to help fund the cost of Implementing the
plan.
13. Authorize the preparation of engineering reports as required to obtain
flrancing, including construction grants and loans.
14. Determine required plant sites and critical rights-of-way. Obtain when
feasible.
13. Apply for permits as necessary fvc discharge or withdrawal of water.
16. Obtain contracts with all entities who want to participate In the regic,Al
i
system,
17. Authorize the preparation of plans and specifications for the Initial
construction phase, Including applicable environmental and regulatory
permits.
18. Finalize financial plan.
19, In January 1989, Introduce and obtain enabling legislation.
20. Proceed forthwith to organize the regional agency and to Implement the
a plan.
The Items listed above Involve actions necessary to Implement a i
regional system prior to the creation of a Regional Agency. A memorandum
`t regarding the legal and regulatory steps necessary to create a Regional Agency Is
' Included at the end of this section. Once the legislative process is complete and
x authority to develop a regional system has been granted, the Regional Agency will
i" assume its role In directing the development of the service plan.
Much of the work can be accomplished under authority of an
Interim designated agency. The cooperation of key participating agencies can
4
provide for Interim use of their facilities or for appropriate overslzing of facilities
until the regional agency achieves operational status. i.
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Hutchison Price Boyle R- Brooks
,ROM110N,L CCRAORAT-0N
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3900 FAST CITY CENTER ALPS Tw OFIkI
DALLAS, TWS 75201.4622 2+00 ONE AMERICAN CENTER
A+o$tIN, TEAA3 71701.yti2
IRAQ 254 $600 151214 77 4121
DALLAS TELECCR NUMBER
. ABU 25.01,0
MEMORANDUM
TOs The Steering Committee of The Denton County Water Study
Committee
FROM& Rutchison Price Boyle i Brooks
DATEi September 11, 19V
Tho Steering Committee of the Denton County Water and
Wastewater Planning Study has selected the Tri-Regional Water
Service Plan and the Fasie Wastewater Plan as its preferred
strategies
Consistent long-range with he water preferred wastewater strategies needs
Cofor unty. meeting the
and
of Den
the responsibilities, powers and operational needs of any entity
s that would be implemented to effect those strategic+, we have been
requested to outline certain legal considerations which must be
discussed and agreed upon ~.o meet the objective of implementing
the preferred strategies, This memorandum assumes that
legislation containing the relevant authorizations and powers will
be introduced for consideration in the 1989 legislative session.
This memorandum further assumes that an interim agency will be
used to impl..•ment certain activities which must begin prior to the
effective date of any legislation creating a new entity.
We recommend that the Steering Committee members agree on
E the content of the proposed legislation before it is introduced in
the Legislature. We estimate that at least 1-6 months will be
required for this process to take place and would think it
appropriate to allow for 6-9 months for the drafting and agreement
process to conclude. With a target completion date of December It
1988, this would mean that the process of drafting legislation and
working toward a consensus of the Steering Committee should begin
no later than March It 1988. We have targeted December it 1988,
as the completion date to that ;he constitutionally required
publication of the intention to introduce the bill may be done
approximately 30 days before the start of the 1989 Legislature.
The items to be agreed upon in forming a new entity or
entities to meet the water and wastewater needs of Denton, County
include, but are not limited to, the followings
(i) Administration
(a) Now is the entity to be governed?
Memo to Steering Committee
September 11, 1987
'Page TWO
(b) Should there be one entity or multiple entities
and what relationship will exist between multiple
`entities?
(c) Who appoints or elects governing body or bodies?
(ii) Powers
(a) Contracting authority with public entities and/or
private entities
(b) Condemnation
(c) Rate regulation to customers
(d) Service regulation of customers
(e) Financing authority for long-term and short-term
needs
(f) Funding mechanisms to meet operation, maintenance
and debt obligations, including taxes and other
revenue sources
(g) ownership and operation of system facilities such
' as reservoirs, distribution systems and treatment
systems
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(h) Establishment of service area and jurisdiction,
(iii) Accountability
(a) Relationship between entities themselves (if more
than one entity required)
(b) Relationship between entity and other governmental
bodies
(c) Relationship between entity and customers other
than governmental entities
j (d) Relationship to State agencies
'.1 (e) Relationship to federal agencies
All of the foregoing items, and those that are contained
within the general categories set forth above, must be consistent
with all applicable constitutional and statutory requirements.
SpecAfic concepts must be agreed upon which will in turn lead to
specific language in draft legislation, Until these types of
d basic issues are agreod upon by the Steering Committee, it is
premature to assume the scope of the legislative authority needed
~`t and the best vehicle or vehicles needed to exercise that authority.
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I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 668-8307
j Office of the City Manager
MEMORANDUM
TO: Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: September 30, 1987
SUBJECT: Driveway Access for TI
1 , Y
As you know, we have had several discussions with r
k representatives from TI about access to their plant site. The f ;
original request contained a drive that entered onto Loop 288
and required a median cut for that facility. We have been very r,
diligent in trying to maintain 288 as a limited access facility
(i.e., no drives or median cuts would be allowed). y
*I" In our first meeting with the TI representatives, we requested I
z; that they provide us with traffic information tt.rt looked at l
several other alternatives. They have done that and our staff
has reviewed all of the information. We now feel that the
drive and median cut on 288 is the appropriate access for TI. {
f We have also discussed the drive access from U.S. 77. Their
original plan asked for two openings on U.S. 77. We think that
one is more appropriate. We also suggested that they have one
on Terlingua which is the street that would be built on the
east side of TVs property when 288 is finished or when the
adjacent property to the east of TI's tract is developed. We a
{ have discussed these alternatives with TI. Their engineers and
our staff feel comfortable with this compromise.
r3,+ We wanted to bring this information to the Council to confer
with them and also to solicit the Council's support and
attendance for a visit with the Highway Department. We have `
. told TI that cur funding capabilities are very limited.
6' However, we wou!.d certainly support a visit to the Highway
Department. We r"elt that a delegation of Council members and
TI representatives would have a greater impact on securing
t state funding for these impruvements to U.S, 77 and alte►etions
of the plans on 288.
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Driveway Access for TI
September 30, 1987
Page 2
Finally, we also discussed U.S. 77 itself. With the opening of
the plant and with the completion of the Loop, we see the
development in this quadrant of the City increasing, This
will, no doubt, put more traffic on U.S. 77. Therefore, we
would al.,o suggest that during the meeting with the Highway
Department, we ask them to put U.S. 77 in their development , u
plans for future improvements to provide for a four lane I f,
divided highway. j
We will Nave drawings of the intersections at the meeting
Tuesday night as well as an overall site plan for TI's
facilities. At that time we will be happy to try and answer
any questions that the Council or you may have.
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OFFICE OF THE CITY AT'T'ORNEY
MEMORANDUM
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TO: Honorable Mayor Members o£ the City Council
FROM: Debra A. Drayovitch, City Attorney
SUBJECT: Authorization to Increase the Maximum Allowable
Penalties for Violations of City Ordinances
r, DATE: October 1, 1987
Attached is a copy of my memorandum of August 26, I: e7 to you
regarding the recent statutory authorization to increase the
maximum allowable penalties for violations of City ordinances.'
c. The present maximum penalties of $200 for most violations may be
4 ti raised to $SOO. In addition, violations for ordinances,
governing fire safety, zoning and public health, you may enact a
i maximum fine of $20000.
' If /ou so desire we will prepare the necessary ordimAncel to
y effect these changes. E
=g ~1. Respectfully submitted,
N 5'
<< a ' DAD. js
Attachments
r"~,•,,J 24271 I
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D OFFICE OF THE CITY ATTORNEY
MEMORANDUM
T0: Honorable Mayor and Members of the City Council
Sandra White, Municipal Judge
FROM: Debra A. Drayovitch, City Attorney
SUBJECT: S.B. 920 - Relating to Municipal Court
Jurisdiction and Fines for Violations of City
ordinances
DATE: August 26, 1987
The 70th Legislature, with the enactment of S.B. 92
increased the maXtmum allowable fine in municipal court has
$2,000.00 for cases arising from violations of ordinances that
govern fire safety, zoning, and public health and sanitation
k " other than vegetation and litter. All other cases arising from
violations of other city ordinances may have a maximum fine of
$500.
As some of you may remember, during the 1985 legislative
'l session, the Legislature amended the Art. 1195 to allow maximum
fines of $1,000 for violations of ordinances governing fire
safety, zoning, or public health or sanitation, including
dumping of refuse. Thus, fines of up to $1,000 were allowed for
violations of litter ordinances. However, in this session, the
maximum penalty for litter violations was reduced to $500.
However, Sec. 4 of the amendment adds a new section to Art.
4471-9a, the Litter Abatement ACt, to provide a maximum penalty
of $2,000 for illegal dumping, i.e. the disposal of trash,
refuse, waste, litter, or any other material in violation of a
law or ordinance, if a motor vehicle is used in the illegal
dumping. Thus, under the new law, we are faced with in the
incongruity that litter violations are punishable by a fine not
to exceed $500 except when the offense involves a motor vehicle,
Jr 3
i.e. someone throws litter out of a car, a maximum fine of
$2,000 could be imposed!
Also confusing ii+ the fact that traffic violations under state
{ law, such as improper lane change, or failure to yield right of
way, still retain the maximum penalty of $200, while you may
1 provide that violations of city ordinances, such as speeding in
p+: i a school zone, be punished by a fine of up to $500.
'Honorable Mayor and City Council
August 26, 1987
Page Two
As we did after the last session, we will begin including the
higher penalties in all of the ordinances we write unless you
advise us otherwise. In addition, we will be bringing other
ordinances to you to increase the fines for certain chapters of
the code, such as the Fire Code, unless you direct otherwise.
Please remember that this does not mean that a person who
violates a city ordinance will automatically be fined $500.
r Even with the present ordinances, where you have authorized
fines of up to $1,000, I am unaware that the Judge has imposed a
$1,000 fine. She merely has the discretion should the
circumstances so warrant. On some cases, such as illegal sewage
discharge, a payment of a $200 fine may be cheaper for the
defendant than remedying the problem.
I have attached a copy of the bill for your review, should yon .
have any questions, please advise.
j Respectfully submitted,
Debra A. Drayovitch
w,! xc: Lloyd V. Harrell, City Manager
Attachments
23501
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SECTION 2. This Act takes effect September 1, 1987, and applies only to
parking or stopping offenses that occur on or after that date. An offense that occurs
before th, effective date of this Act is governed by the law in effect when the offense
occurred and the former law is continued in effect for that purpose. For purposes of
this section, an offense occurs before the effective date of this Act if any element of
the offense occurs before that date.
S.B. 920 - ILLEGAL DUMP COURTS JURISDICTIONEr%c*
Effective 911187
SECTION L Article 4.14, Code of Criminal Procedure, is amended to read as
follows:
Art. 4.14. MUNICIPAL COURT. All municipal courts, including all
municipal courts of record, in each incorporated city, town or village of this State
shall have exclusive original jurisdiction within the corporate limits in all criminal
cases in which punishment is by fine only and where the maximum of such fine does
not exceed in all cases arising under the ordinances of Bach city, town or
village that govern fire safety, zoning, or public health and sanitation, including
dumping of refuse and where the maximum of such fine does not exceed = in all
other cases arising under the ordinances of such city, town or village, and shall have
concurrent 3'urisdicaon with any justice of the peace in any precinct in which the city,
+ town or village is situated in all criminal cases ansmg under the criminal laws of this
State, in which punishment is by fine only, and where the maximum of such fine may
not exceed, and arising within such corporate limits.
SECTION 2. Article lOl 1, Revised Statutes, is amended to read as follows:
Art lOl1. POWERS. The City Council, or c er governing body shall have
power to pass, publish, amend or repeal all ordinances, rules and POLce regulations,
not contrary to the Constitution of this State, for the good government, peace and
order of the City and the trade and commerce thereof, that may be necessary or
proper to carry into effect the powers vested by this title in the corporation, the city
government or in any department or office thereof, to enforce the observance of all
such rules, ordinances and police regulations, end to punish violations thereof. No
fine or pena'q shall exceed,$= for violations of all such rules, ordinanees and
gI ice regultiont overn fire srfe din dumping orefuse, nor exceed this ct aQly to any city or wn, wever inoo~porated and notwithstanding any provision
?nits charter to the contrary.
SECTION 3. Subsection (a), Section 29.003, G~,vemment Code, is amended
to read rs follows:
(a) A municipal court has exclusive original jurisdiction within the territorial
limits of the municipality in all criminal cases that:
(1) arise under the ordinances of the municipality; and
(2) are punishable only by a fine not to exceed:
(A) S2.000 in all cases arising under municipal ordinances that
overn fire safety, zoning, and public health and sanitation other than vegetation and
fitter violations; or
(B) = in all other cases.
SECTION 4. The Texas Litter Abatement Act (Article 4477-9a, Vernon's
Texas Civil Statutes), is amended by adding Section 2.09 to read as follows:
Sic. 2.09. ILLEGAL DUMPING FROM VEHICLE. (a) In this section,
"illegal dumping" means the disposal of trash, refuse, waste, litter. or any other
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material in violation of a law or finance of the state or any uolidcal subdivision of
the state,
(b) It is an exception to the appligation of this section that the orrson hasa
valid license with or contract from the state or a _nolitica< subdivision of the stale to
d_;-c~ ,~e ~f }he material_ in the tanner end at the olagin which it was disposed.
(c) If a motor vehicle is used in illegal dumping. ~n offense under the law or
cil,x ordince violater by he ille al dumpin¢ i int. lsheq~e by a fine in an arnount
not to exceed 52,000.
SECTION S. This Act takes effect September 1, 1987.
S.B. 1069 - JUVENILES: RECORDS
Effective 6119/87
SECTION 1. Section 51.14, Family Code, as amended, is amended by adding
Subsection (e) to read as follows:
(e) This section does not apsziy to files arc' records relating to a chI Id th am
~ui*e~ or authorized to be maintained under the laws regulating the o2nmdon of
motor vehicles in this state,
S.B. 1077 - ISSUING OF SEARCH WARRANTS
- Effective 9/1/87
SECTION 1. Subsection (c), Article 18.01, Code of Criminal Procedure, is
amended to read ss follows:
(c) A search warrant may not be issued pursuant to Subdivision (10) of
t•ection
a
Article 18.02 of this code unless the sworn affidavit required by Su. s (b) of this
article sets forth sufficient facts to establish probable cause: that a specific
offense has been committed, (2) that the spe:ifically described pro or items that
are to be searched for or seized constitute evidence of that offenseai (3) that the
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searched for or seizvl a:e located at or
property or items constituting evidence to be
u i
of a
Only a judge
face or thin to be searched.
o the n th color 1)I~L
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w~Qjt a~ a i nsed _te Smote of Texas, statutory county
court ofrecord p
court, district court, the Court of Criminal Appeals, or the Supreme Court may issue
warrants pursuant to Subdivision (10), Article 18.02 of this code.
SECTION 2. This Act takes effect September 1, 1987.
S.B.1111 - CONCERNIN` CHI I RE VE ORDERS
Effective 911 /87
SECTION 1.. Section 23.08, Penal Code, as amended, is amended to read as
follows:
Sec, 25.08. VIOLATION OF COURT ORDER (a) A person commits an
offense if, in violation of an order issued cruder Section 3.381, section 71.11, or
Section 71.12, Family Code, he knowingly or intentionally:
(1) commits family violence,
(2) directly communicates w't,h a member of the family or household
in a threatening or harassing manner, or
(3) goes to or near any rf the following places as specifically
described in the protective order:
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CITY of DENTON, TEXAS MUNICIP'.i dU11DIN0 / DENTON, TEXAS 76201 / TEIEPHONE(817) 660.8307
Offks of fho Clly Mansoof
M E M O R A N D U M
1 TO: Mayor and Members of the City Council
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FROM: Jennifer Walters, City Secretary
DATE: Sept. 30, 1987
SUBJECTS Back-up for Agenda Item t5 4
Mayor Stephens suggested this item be placed on the agenda for
f ',f disucssion. Dues for last year for all members were only X100.00
' which was what was budgeted for this year. Now the dues are ;50.00
.y per or or a total of $200.00 which we have not budgeted for in the 11
87-88 fiscal year. Current members are Mayor Stephens, Jim Riddlesperger, f
Mark Chew, Linnie McAdams, Joe Alford and Rick Svehla.
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