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rl r h ~ AGENDA
CITY OF' 0 NTOV ; CITY COUNCIL
dec~~lbe,g~ Work Session of the Cily of Denton City Council on Tuesday,
December 81 1987 at 5:30 p.m. in the Civil Defense Room of
City Nall at which the following items will be considered;
Note: Any item listed on the Agenda fot the Work Session may
also be considered as part of the Agenda for the
?1 Regular Meeting.'
r ' Sr30 P.M.
l Receive a report regarding the status of the Econo►ic
Development grogram.
21 Presentation of the North Texas Co.nmission annual
contract request. - r ;•1.~;
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3. Receive a final report from the Main Street Funding 4
a3i;'!yd ' Task Force.'
4 Hold a discussion regarding ossible joint elections
1r1.k,, with the Denton Independent School District. f
14
Receive an update regarding the construction of a
ri~iF,tM ry1 neighborhood park at the intersection of Teasley and
E r,
yeaV Longridge.
6. Executive Session: Iy
. A, Legal Matters Under Sec, 2(e), Art. 62S2.17
~Tfd V,AsT*S. ti
a r, 1. Hold a discussion regarding litiostion
including D.I.S.D. vs, Walter Ray Hawk et.
vs. Gary .
ex. and D. , a ars
B. Real Estate Under Sec. 2(f), Art, 6252-17
' V.A,T,S.
"r ~;r41{, C. Personnel/Board Apppointments Under Sec. 2(g), ?
Art 6252-17 V.A.T.S.
Regular Meeting of the City of Menton City Council on Tuesday,
December 8, 1087, at 7:00 p.m. In the Council Chambers of City
Hall at which the following items will be considered:
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City of Denton City Council Agenda
December 8, 1987
r,1 Page 2
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7:UU P.M.
1• public hearings
D Byrne, representing
A. Consider a petition of W.
the Y.M.C.A. of Metropolitan Dallas, permittand t
extension of an existing sitef ipiensetor an 8.59
amendment of the app
! acre tract located at thenorthwest
proparty is o rnr of
`Windsor Drive and Riney Road, I
" • further described as a tract in the K.H.
Meisenheimer survey, Abstract 81U, and is the ;
s t location of the Y.M.C.A• office and athletic
;!J facilities. (The Planning and Zoning Commission
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"r 3! recommends approval,) S-lbu
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Consider adoption of an ordinance approving
misting specific use
aeraitteando amendment of the approved site
"q,o`,,w, plan for an 8.59 acre tract located at the
northwest corner of win%Asor Dr lye and Riney ' s A r
Road. 4
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Consent Agenda
I p "It!'~~,
Each of those items is recomme.ided by the Staff and
k approval thereof will be strictly on the basis of the staff 2•yti'
tiecorpendations. Approval of the Consent Agenda authorizes the
city manager or his designee to implement each item in , 0
accordance with the Staff recommendations.
t M \ , • .1.
l9 Listed below are bids and purchase orders to be I
t,
approved Eot payment under Infthe
ormation nalse attached to the '
Ih agenda. Detailed backup section Of the
em
OrdientcA adaento a11ow3.CounctihiMerbersntoisalscussdEanynlttho
royal of the ordinance.
prior to app
_`4 A. Bids and Purchase Orderst
4!9799 - 1540 GPM Purger Firetrutk
r y, ordinances
A, Consider adoption of an ordinance accepting
competitive bids and providing forofthelat rr als
contracts for the purch
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JJ fl. y equtprent, supplies or services,
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City of Denton City Council Agenda
December 8, 1987
Page 3
a
,rr B. Consider adoption of an ordinance and service
} plan instituting annexation of approximately
587.3035 acres of land teing part of the J.
Clayton Survey, Abstract No. 121; J. Lamar I
Survey, Abstract No. 754; and M. McBride Survey, I
Abstract No. 804. (The Planning and Zoning
Commission recommends approval.) A-51
' C. Consider adoption of an ordinance amending the
inning map of the City of Menton, Texas, as same '
was adopted as an appendix to the Code of
+ Ordinances of the City of Denton, Texas, by a,
Ordinance No, 69.19 as amended, as said map
applies to 13.7 acres of land, as is more
particularly described herein, to provide for the
creation of an historic district in accordance
A with the provisions of Article 28A of Appendix
B-Zoning of the Code of ordinances; said district
to be known as the Oak.-Hickery Historic District;
T~, roviding for a penalty in the maximum amount of
12,000,00 for violations thereof; and providing 4
T1for an effective date. (The Historic Landmark
ar Commission and the Planning and Zoning Commission
<1p~'~+ v+v tl~ ^ r recommend approval.)
"yr L. Consider adoption of an ordinance directing the
rL' ~,+'•r~ issuance of notice of sale of $3,600,UOO General
Obligation bonds.
a' ? h Consider adoption of an ordinance authorizing the
i ~ Mayor to execute a contract with kttployee . ;
t"o Resourcea for administration of the Flexible
,`q= Benefits Program. N
F, Consider adoption of an ordinance authors=lnq the
a4y y~ a Mayor to execute a Compromise and settlement
Agreement in that certain litigation styled
Denton County vs, the City of Denton, st al.
G. Consider adoption of an ordinance authorlsin
entry into an agreement with the County o.
Denton, The Flow Memorial hospital Board of
Directors, the H. B. Flow 'trust, the Attorney
General of Texas, and Flow Regional Medical E
Center, Inc, for the transfer of assets of Flow
tn. .
1,, r =,l Memorial hospital; and declaring an effective
Er/p .1 date.
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City of Denton City Council Agenda
Decea+ber a, 1987
page 4
sider adoption of aana
H Con ithuFlowtRegional
T .
r Mayor co execute an agreement islon of health
Medical Center, inc. for the prov ; F
' care services to the residents of the City; and
providing an effective date. a bid
Consider adoption of an ordinance ac ucchase for
-0.
For a hydroelectric turbine p
e-Sul:ero
Dominion Bridg
Lewisville Lake from royal,)
(The Public Utilities Board recommends app
,Y
F Resolutions
1 a 4,
royal of a resolution by the City of
the City Manager to w:
1., A, Consider app
Texas, authorizing
s 1nnon and submit an amendment to the Final Ly
statement of Ub jectives and projected Use of
Funds submitted June It 1y87 to the Ueapproeriate
Housing and UrbaneutDev horlized nandwrequtred by the
verifications, a' Develo sent Act of 1974, as ;
Housing end Community
amended; and declaring an effective dates
ti
;
s r`'; t roval of a resolution approving an
Be consider app
agreement between ctemergency Dentocommunin and
Communications, inc, . for
,,~s, ~ ~rt • assistance; and providing for an effective date.
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{ ~ q, Miscellaneous matters from the City Manager.
k Uff,icial Action on LOcuttve Session Lcemst
b. i
mrr q ~l -~,,r A Legal Matters
Real Estate
,r C; personnel
Board Appointments
u.
l~t~~t i ,SG y, NOW Bui'helst
provides a section for Council Members to
Thi! tteu p
suggest items for tucHre aQendes. r4
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i City of Denton City Council Agenda
December 8, 1987
Page S f
81 Executive Session:
r
M" 4 ,t A. Legal Matters Under Sec. 2(e), Art. 62$2-17
V.AJ S.
8. Real Estate Under Sec. 2(f Art. 6151-17 n.'L
V.A.T.S.
P<<y, C, Personnel/Board Appointments Under Sec. 2(g),
`r r Art 62S2-17 V.A.T.S.
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J* C E R T 1 F 1 C A T E
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r fir;, r•~~ 1 certify that the above notice of meeting was posted on the
bulletin bo rd at the City Hall of the City o Denton, Texas,
on ;the day of 1987 at o'clock.
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` ~AGENDA
CITY OF' DLNTON CITY COUNCIL December 89
1987
= i +9w t , d ^
Work Session of the City of Denton City Council on Tuesday,
6 „ December g, 1987 at S:30 p.m. in the Civil Defense Room of
' City Hall at whic~► the following items will be considered:
t ,
Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
Regular Meeting.
•
A`^ S:30 p.m.
Receive a report regarding the status of the Economic
2 ^ a Development Program.
Ufa Presentation of the North Texas Commission annual
v
2. contractrequest. (L
+ tyu r" >
r r~;gTy'",.f~; 30 Receive a final report from the Main Street Funding
t
a+ s Task Force.
possible joint elections
4, Hold a discussion regarding rict.
the Denton Indepondent School 'District.
with
Receive an update regarding the construction of a
neighborhood park at the intersection of Teasley and
.c Longridge,
EAecutive Session:
A. Legal Matters Under Sec. 2(e), Art. 62S2.17
V,A.T.S.
"t a~f 1. Hold a discussion regarding liti8ation
»
inr.lu6ing D.I,S.D. vs. Walter a Ra Hawk et
ars ~
ex. and D. vs:Za'r
f Under Seca 2(f), Art 6252.17
:N ^nel t"ti B. Real Estate
J
V.A.T.S.
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Art son^•elr'3oarA T A S pointments Under Sec. 2(g),
~r,',,,, y{ C.
R fi62.17 V
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Regular Meeting of the City of Denton City council on Tuesday,
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December Bt 1987, at 7400 p a. in the Council Chambers of City
3";i4 Hall at which the following items will !+e conslderedt
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City of Denton City Council Agenda
December 8, 1987
Page 2
,r
7:00 p.m.
' 1. Public hearings
A. Consider a petition of W. D. Byrne, representing
the Y,M.C.A. of Metropolitan Dallas, requesting
t°) extension of an existing specific use permit and
amendment of the approved sits plan for an 8.59
acre tract located at the northwest corner of
Windsor Drive and Riney Road. The property is
further described as a tract in the N.H. t~.
Meisenheimer Survey, Abstract 810, and is the 1
location of the Y.M.C.A. office and athletic
facilities. (The Planning and Zoning Commission
recommends approval,) S-180
i
1. Consider adoption of an crdInance approving an extension of an existing specific use
permit and amendment of the appruved site
plan for an 8.59 acre tract located at the
northwest corner of Windsor Drive and Riney
f r Road
a
Consent Agenda
Each of these items is recommended by the Staff and
,'r, approval thereof will be strictly on the basis of the Staff
recommendations, Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each Item in
accordance with the Staff recommendations.
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda Item S.A), This listing is provided on the
Consent Agenda to allow Council Members to discuss any item
prior to approval of the ordinance,
°1? A, Bids and hirchsse orders&
?t.
14 1, #9799 1500 GPM Pumper Piretruck
3, Ordinances
A, Consider adoption of an ordinance accepting
competitive bids and providing for the award of <fV
contracts for the purchase of materials,
equipment, supplies or services.
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City of Denton City Council Agenda
December 8, 1987
a{' Page 3
B, Consider adoption of an ordinance and service
plan instituting annexation of approximately
fy' ) 58I,3035 acres of land being part of the J.
Clayton Survey, Abstract No, 221; J. Lamar
i
Survey, Abstract No. 754; and M, McBride Survey,
Abstract No. 804. (The Planning and Zoning =r;
Comm i.sion re:ommends approval.) A-51 ~i
r
C. Consider adoption of an ordinance amending the
zoning map of the City of Denton, Texas, as saa,r
wes adopted as an appendix to the Code of
ordinances of the City of Denton, Taxes, by
`'''Ordinance Ho. 69-11 as amended, as said map
G}~d',~ w. applies to 23.7 acres of land, as is more
so particularly described herein, to provide for the
a..
creation of an historic district in accordance
with the provisions of Article 28A of A pendix
D-Zoning of the Code of Ordinances; said district
a + i
to be known as the Oak-Hickory Historic District; II
roviding for a penalty in the maximum amount of
e Wr~IR."ti W000,00 for violations thereof; and providing
for an effective date. (The Historic Landmark
Commission and the Planning and Zoning Commission ~
. c.
pn ± , °t recommend approval.) w
Iw~~rt G. Consider adoption of an ordinance directing the
"
issuance of notice of sale of $Sg600,O0U General
Obligation Bends.
tN~t1Y' b Consider adoption of an ordinance authorizing the
, ' Mayor to execute a contract with Employee
Resources for administration of the Flexible
la, z~ rt_ Benefits Program. j,
1
F, Consider adoption of an ordiita.tce authorizing the l
' Mayor to execute a Compromise and Settlement
`
~ Agroemel,tt fa that certain litigation styled
Tti~yA 1 4'• Denton t;ounty vs, th_e C1ty of Denton, et a.l. f
{p, G, Consider +doption of an ordinance authorizing
tk~~;wV ?xt;,' entry into an agreement with the County of
d .s Denton, The Flow Memorial Hospital Board of
Directors, the H, E. Flow Trust, the Attorney I
General of Texas, and Plow Regional Medical f t r'
Csntero Inc. for the transfer of assets of Plow
i"Memorial hospital; and declaring an effective
b'r'S date, r
Yes
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City of Denton City Council Agenda
December 8, 1987
Page 4
c ,
`a
a H, Consider adoption of an ordinance authorizing thn
Mayor to execute an agreement with Flow Regional
Medical Canter, Inc, for the provision of health
w care services to the residents of the City; and
providing an effectivj date.
11 Consider adoption of an ordinance accepting a bid
for a hydroelectric turbine purchase for
Lewisville Lake from Dominion bridge-Sulzer.
(The Public Utilities Board recommends approval.)
4, Resolutions
A. Consider approval of a resolution by the City of
Denton, Texas, authorizing the City Manager to
sign and submit an amendment to the Final
k+ yA' Statement of objectives and Projected Use of
qa3 5JI„ Funds submitted June 1, 1987 to the Dapartment of
Housing and Urban Development with appropriate
verifications, as authorized and required by the I ;
'fix z; w, Housing and Community Development Act of 1974, as l ;
t1},4K, , k9 amsnded; and declaring an effective date.
B. Consider approval of a resolution approving an j
agreement between the City of Denton and Sammons
Communications, Inc, for emergency communications
r ° SL assistance; and providing for an effective date.
S. Miscellaneous matters from the City Manager,
Official Action on Lxecutlve Session Items:
66 A. Legal hatters '
B. Real Estate
C. Personnel
1) Board Appointments
' 7. New Business:
i ` This Item provides a section for Council Members to
suggest items for future agendas.
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City of Denton City Council Agenda r'
'r3 December 83 1987
t' . 1
Page 5
"
8 Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V YA.T . S. Y.
y1 i
• tV I
>>^S ! B. Real Estate Under Sec. 2(f), Art, 6251-17
Y.A.T.S.
tip,'•`
C. Personnel/Poard Appointments Under Sec, 2(g),
Art 6252-17 V.A.T.S.
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C E R T 1 P I C A T E
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the above notice of meeting was posted on the i
certify that,
bulletin board at the City hall of the City of Denton, Texas,
< on the day of 1987 at O'clock
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r i N1 CITYAfOENTGN,TEXAS MUNICIPAL 8UILWNG / DENTON, TEXAS 76101 / TEI EPNONEf8111566.8200 [1 1
s
MEMORANDUM 1
lil R I rl a
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DATE: December 2 1987
r j
TO: Mayor and Members of tl:e City Council
E;Y ay FROM: Jetty McKean, Executive Director
Municipal Services/Economic Development
SUBJECT: Chamber of Commerce Economic Development Report x r
,rl~ w I't? r1orR ,y{ ~ _ ~
t+~ , 1 7V
i ;rrl A tacked is, the first status report from the Denton Chamber of ( gt;°
,Commerce Economic Development Do artment. The report outlines
%the comprehensive plan for oxpanding the economic base of the " J. `City and an update of the Economic Development revenues.
T+tN bs,F t,; 4 11' a" rIr~4E.`~'
♦ r` rni '1 W'i ,i ilq,,
In addition, 1 would like to take this opportunity to forward
rrj - to the City Council the City's preliminary update of our
economic development goals.
I, J.
♦
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Attachment
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14
t;
DENTON CHAKBER OF CU~111ERCE
ECONOMIC DEVELOPMENT DEPARTMENT
REPORT TO THE DENTON CITY COUNCIL
DECEMBER 8, 1987 `
ti I a
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~ THIS REPORT IS THE FIRST QUARTERLY REPORT OF OUR DEPARTMENT TO
Tt..i COUNCIL, AS CALLED FOR IN OUR CONTRACT WITH THE CITY OF
DENI UN.
OUR DEPARTMENT IS PRESENTLY ENGAGED IN FORMULATING A
COMPREHENSIVE DEVELOPMENT PROGRAM. THIS PROGR,i%, IS DESIGNED TO
r
SEEK OUT AND SOLICIT DESIRABLE FACILITY LOCATIONS THAT WILL
PROVIDE JOBS IN DEAION AND ENHANCE THE TAX BASE OF OUR
COMMUNITY. THIS TAX BASE ENHANCEMENT WILL ENABLE OUR ELECTcD
OFFICIALS TO KEEP OUR TAX RATE AT ACCEPTABLE LEVELS IN THE
YEARS TO COME.
AT THIS POINT IT 1S IMPORTANT TO NOTE THAI' WE ARE NOT JUST IN
1 ; ,a THE PLANNING STAGES. Wn ARE ACTIVELY WORKING WITH PROSPECTS
{ WHILE WE ARE DOING OUR LONG RANGE PLANNING, WE EXPECT TO
s* ANNOUNCE A DIVISION NATIONAL HEAIQUARTEZS OFFICE LOCATION
SHORTLY AFTER THE FIRST OF THE YEAR. ;ME ALSO EXPECT TO
ANNOUNCE IN THE FIRST QUARTER OF 1988 THE SUCCESSFUL RETENTION r
1 OF AN EXISTING INDUSTRY THAT WAS CONTEMPLATING RELOCATION OUT
OF THE AR5A.
I' 11,
j
WE HAVE 8 OTHER PROSPECTS WITH WHOM WE ARE WORKING, PROSPECTS (I
All
t^~ Al r ARE DEFINED AS CONTACTS WHO HAVE A PROJECT UNDER ACTIVE
CONSIDERATION. WE ARE MAINl'AINING ACTIVE FILES ON 23
11SU,P6CPS". "SUSPECTS" ARE LEFINBD AS CONTACTS WHO MAY HAVE A
PROJECT IN THE NEAR FUTURE, WE ARE EIlILD1NG A PROSPECT DATA
t rr BASL THAT CURRENTLY HOLDS OVER. SOU CONTACTS. THIS DATA BASE
i,r t p v..;
WILL CONTINUE 74 GROW AS OUR TARGET MARR4 PROGRAM COMES UY TO I ,"K " •r _ 5PLED,
4> IT IS IMPORTANT TO NOTE THAT OUR PROGRAM ADDRESSES AREAS OF
DIVERSE ECONOMIC DEVELOPMENT. THE PROGRAM IS BASED ON THE
FOLLOWING MARKETSi
SOLICITATION OF NEW COMPANIES
2, EXISTING INDUSTRY RETENTION
31 SMALL BUSINESS ASSISTANCE
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YOU WILL FIND ATTACHED BACKUP DOCUMENTS FOR OUR DEPARTMENT'S
PROGRAM. THESE DOCUMENTS ARE:
1. LONG TERM ECONOMIC DEVELOPMENT STRATEGY
2. INDUSTRIAL MARAETING PROGRAM f.
a. Industrial Marketing Task Force Assignments
31 INDUSTRY RETENTION PROGRAM
,r! t a. Industry Retention Assignments
4, INDUSTRIAL SITES IDENTIFICATION
M
S. SMALL BUSINESS INITIATIVE
THE DOCUMENTS LISTED ABOVE SHOULD GIVE YOU A GOOD UNDERSTANDING
OF THE DIRECTION WE ARE TAKING WITH OUR PLAN. WE ARE INVOLVING
KEY MEMBERS OF OUR COMMUNITY IN THIS EFFORT.
WE SHOULD BE BETTER PREPARED TO MARKET OUR CITY AND COMPETE .k^
' FAVORABLY WITH OTHER CITIES IN OUR REGION, WE WILL BE
r PRO'-ACTIVE$ PROFESSIONAL, RESPONSIVE AND CONSISTENT IN OUR
xk,l n EXEOUTION OF THE PLAN, WORKING JOINTLY WITH THE CITY$ THIS
j 6FF6RT SHOULD BE ABLE TO DEMONSTRATE A POSITIVE PROGRESSIVE '
ECONOMIC IMAGE.
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j ECONOMIC DEVRLOPM1= STRATEGY
PROPOSED
I BY
THE ECONOMIC DEVffiAPMB M DEPARTMENT
DENTON cNAmint or COMMERCE
1. DEFINITIONS j
A. Economic Development - the creations of wealth
through use of people, money and materials to
produce products or services for which there is a
product where someone can make a profit.
B. Economic Developer - the professional who
influences where wealth is created; the product
manager for the product that is a city, a county,
a region or a state.
C. Wealth Creator - the individual or company within
a business group that invests in new facilities or
the expansion of existing facilities to take
advantage of expanding markets favorable business
climates.
D. Business Group Classifications - a system for
categorizing types of business according to the
factors that are important in determining where
they should locate. The first cut defines the '
type of business activity (administrativa,
research, production distribution, marketing,
',1 y servicing). The second cut defines the y
a characteristics of ownership and management
(widely owned and professionally managed, closely
held and owner-managed, entrepreneurial). The
third cut defines the nature of the operation
within each type of business activity (product or
n `x service type, technical discipline required).
" E. Economic Growth Strategy
1. Describe the business climate of a community - #
<m the characteristics that influence business 4
V. investment decisons by wealth creators;
2. identify growth targets types of businesses
that a) have growth potential b) would prosper
in the local business climate and a) would be
a
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' 3. Spa:] out actions to market comrmnnity to
y companies within target business groups
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II. STRATEGIC PLANNING
A. Identify a community,s feasible
given events in the external environmentpinn which
it must exist and internal opportunities and
constraints generated by its resources and its
f business climate characteristics.
B. Evaluate those options in terms of the community'rs
objectives for its future.
C. Select those t
best opportunities for desirable econor-La growth.
D. Identify actions to improve business climate of
the community in ways that will enhance its
competitive position in efforts to attract added
business investment in these and o«
her desirable
business sectors.
E. Spell out a program for marketing the community to
t companies and individuals within target groups,
Provide a financial and organizational plan for `
executing the business climate improvements and
the marketing efforts.
'L 4t, III.BUSINESS LoccmaAL PRoFILB
A. Access to markets where products or services are
sold
B. Access to the resources consumed in the production
or creation of a product or a service
w t"s C. Access to a suitable and cost-effective work force
D. Access to suitable and affordable physical
facilities
E. Access to affordable financial capital
P. Governmental contributions to and impacts u n f4a, business operations in the area Po
0, The quality of life in the area 4
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IV. EVALUATE BUSINESS INVESTMENT POSSIBILITIES
{ A. Define structure of economic development market-
place
!
B. Identify buyers
C. Identify variations in the importance of factors
that influence locational decisions
'j5f y; D. Identify feasible business growth targets
",A ? Identify favorable business groups and broad
subgroups
tr 2. Identify specific industry targets
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3. Identify specific company targets
t,}
V. IMPROVE TIM PRODUCT
4 ,
A. Identify barriers s
t !Js . B. Isolate barriers subject to local intervention
bey d''+ y~ 4 C. (valuate costs and benefits of intervention
VI. MA3V. MIND OUR COMMUNITY t
y~z i rf
A. Making contacts
Grp I ,~t
B. Selling the product
z4~" ca closing the sale
VII. BUILDING COMMUNITY CONSENSUS
VIII. fImANCiNO TAE BCONOIIic DL mopmw PL1W
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INDUSTRIAL MARKETING PROGRAM
GOALS s
1. Building a general awareness of the locational
a s opportunities within the Denton area through advertising
and general promotional activities on a local, national
and international basis.
2. Develop target markets by SIC code and target
companies within each code.
r 3. Reinforce the chamber and city's interest in overall
community development and economic growth.
I. MARKET RESEARCH
OBJECTIVE - develop adequats research, support
7,w f rl , materials and library resources.
II. PRINTED PROMOTIONAL MAIMAL
F A
OBJECTIV& Review all economic development
k publications and develop an uniform presentation
formate
III. DIRECT MAIL CAMPAIGNS
OBJECTIVEs Organize a direct campaign directed to :l
ri drQ= targeted industry groups.
IV. TELEPHONE MARKETING
„t4 OBJECTIVES Continue telemarketing campaign to follow '
M up and support the targeted marketing program.
V. PACs TO PACE CONTACT
OBJECTIVES Plan opportunities to make personal ;
contact wiv-h prospects by psriodic prospecting
Ya y A
trips to selected metropolitan areas.
t VI. AUDIO VISUAL PARSENTATION ,
OBJECTIVES Utilize a8 audio-visual presentation
during prospect visies.
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VII. MEDIA ADVERTISING
f~ r^ oWZCTIVEt Implement a media advertising campaiga' ,
utilizing general busirness, corporate site selection
and industry trade magazine.
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VIII.PVlILIC RELATI
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OWICTMI Develop an aggressive public relations
campaign to emphasize positive aspects of the. Denton
area.
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INgUSTRy RRTMMON PROGRAM
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Plan a strong industry retention program that focuses
specific attention in the needs of a community leadership
position.
I
Suggested Implementation
` i. seminass throughout the year to meet specific
awareness and educational interests of area
„~I^ businesses, such as union-free seminar, 1M8ia
interviewing techniquest substance abuse and
,r S other programs offered in Conjunction with NTSU
and me
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2. Industry visitation Program -establish two task
force groups one targeted to manufacturers
industries ovr 100 employees and the other to
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manufacturers with less than 100 employees.
3. Industry Appreciation Program - This is an annual
r, tiJ at will recognize key industries is
Denton. corporate, ftocutives and Key industrial
1►llie8 are invited to participate,in.the program.
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The purpose of this program is to enhance the
cications channels between the Chamber:, the City and
existing Manufacturers. in addition to the above,
consideration should be given to establishment of a
manufactilgers managers group, and an industrial forum
group.
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' INDUSTRY RETENTION ASSIGNMENTS
' HOMER BLY, CHAIRMAN
THIS TASK FORCE WILL BE INVOLVED WITH THE FOLLOWING
PROGRAMS
1. ESTABLISHMENT OF A DENTON SENIOR MANAGEMENT
t' COUNCIL. THE COUNCIL WILL BE COMPRISED OF THE TOP I
PLANT MANAGEMENT PERSONNEL SUCH A THE PRESIDENT OR
PLANT MANAGER ACCORDING TO THE INDIVIDUAL
COMPXIFY'S MANAGEMENT STRUCTURE. j
t 2. LrSTABLISHMENT OF A PLANT VISITATION PROGRAM
' DESIGNED TO GIVE OUR INDUSTRY MANAGEMENT A
ONE-ON-ONE OPPORTUNITY WITH MEMBERS OF OUR ELECTED f'
` BODIES AND OTHER BUSINESS LEADERS.
3. ESTABLISHMENT OF A SEMINAR FORMAT W833U&BY ITEMS OF i
INTEREST TO OUR INDUSTRIAL COMMUNITY CW
ARTICULATED.
4. ESTABLISHMENT OF A PROGRAM THAT WILL IDENTIFY
a SUPPLIERS TO OUR INDUSTRIES THAT COULD BE
a' CANDIDATES TO MOVE TO DBNTON.
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INDUSTRIAL SITE IDE MIMATION
xl :f objective le To catalog all industrial sites and
buildings in Deaton and its environs
that incorporates all of the information
listed in Appendices 1 and 2.
objective 21 1'o publish this information in A format
that is unique and that enables the
reader to fully evaluate all sites in
canton.
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APPENDIX 1
1 INDUSTRIAL SITE CHECKLIST
1. Title
ge
2. Acres
3. Location
4. Present Use
6. Use and Character of Land Adjoining Site
6. Zoning, of Site
a f
7.. Zoning of Adjacent Property
a, S. Ownr:r and Address
9. Co'it: Per Acre
r" 10. CJJsti Total
r 11. 'hareeter of Terrain ii
12, Estinted Grading Cost I
13, Elevation .
146 Load Searing' Characteristics of Soil
16. Subsoil Characteristics
16. Depths of Bedrock
tiy+ r 17, Depth to Ground hater '
18. Drains '
4
19, %turai•Mmff capacity
20. NW,-?or Artificial Drainage Facilities ,r
21. 1«Nd for Flood Protection
F w 22 Prevailing Winds J 23. Utilities
4, Water
1 Utility's name
2 WAS
=
3 Size of Mains
r, 4 Pressure
r'+ 4 6 Capacity of treated water
`x 6 Surplus of water on peak day
7 Capacity of untreated water
~k 1 ;t tie 8 Surplus of untreated water on peak day E R
9 Cost of extending to site
b Gas
omP4n's nave
F 1 CRibs
J, x
2
f t 3 Namst lines
4 Size
S Pressure 4 . , ` .
6 Cost of extending to site
t z e. 1 Conpany s nacre
& 2 Rate =
3 Site of transmission lines serving city
4 Cost of extending to site
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2; Sin of Mains
(a) Stores
`t ()acity nita
of
3 Cap treabient plant
f 4 Surplus capacity on peak day
5 !Mans of disposal
141 Cost of extending to site ` .
24. Transportation
rA~ a. Road Access to Site
1 Type of road
Y
;s 2 Surface '
3 Width
b. Cost of providing road'access if not yet available
j c. Distance of site from arterial street or highway
d,' Railroads serving site (or area
wp
e. Cost of extending service (spur} to sib if not available
f. Waterways searing site or area
g. Comorcial airport
' h. Public transprtation sdistance site
i.' Type, of commercial air service
25. Improvements on site
4r" ar x ,a`'F. a. Industrial buildings
b. Other i
' 26: Taxes ■provemenis , r
a. On land
b.' On ioprovamts
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APPMIX Z
INDUSTRIAL BUILDING CHECKLIST
I.• Site Information
A. Location of the property
b. Sin and ships of lot
G. Topography: stormater drainage, subsoil and topsoil conditions
d. Zonis
t },z•;. e, and ~trictions
'.•f. Transportation facilities: railroad siding (within switching
1isi'tsh,4hI9hways and access roads, location of nearest air
. freight tenair►a
g. Parking~: number of spaces, location, adequacy
2. C•rmunity'>'Aforme, tion
a. Availabillity of labor; transportation for labor
b. Ameenitiej')n areas shopping, churches, cultural facilities,
sthcol's
c. Nature of industry in surrounding. arm-, its effects cn the
;car subJect property
d. Utilitiestavailable
(1) linter: source of supply; capacity of mains; treatment of
probl" ,
••(2) Westp disposal: source of service; capacities, special
~ ' ; disposal ee~~WWlpaKnt
''13}'i;as Wlities: source, capacity of service
{ e::;Tarp,: nd'Yssessments
f. Community a5c*tance of industry
a 44.'1eestio."al pco"iss: financing, suppliers, services
1'~ '3. Suildii►g'tltfonaatipn z=`'
a. "Number "of buildings
b. -F4eoi•,4&6'by square footage
C.,•'Shapi or cbArmAtion of useable floor areas, including floor
t lan qnd layout
i d.• lots) ground awn: square feet covered by buildingsi square
feet of paved areas; 3gwre feet or acres of vacant land
as. 'Type of construction: floors, will$* colum+s, date of
construction ,
f. tailing hei§hts.by door: under beams and to ceiling E ;
g. -Floor construction
h. Wl~oOr lo&4 ratings
` i. Nind"mo c4sinps, window sires
Expansion pdssib'01 ties; ease of adaptation to other uses
k. Condition and, functional adequacy of building
i. BuIMIQ Services Information
j a. Offce space:.aumper of agwre feet and locations; air-
conditioning, insulation from noise, light, etc,
b. Truckloading Yacill!les:' size-of docks, type of loading doors
Dye si te, covered or. Won facilities
ailro&d spun: railroad line!; length of siding; car capacity
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S. Building Equipment Information
a. Condition and functional adequacy of each element
b. Elevators (note make)
(1) Freight elevators: size, capacity
(2 Passenger elevators: site. capacity
c. Plumbing and toil3t facilities by location
l Number of units by type; vale and female facilities
` ~2) Drains and taps
do ti kiting facilities
((1 Type of fixtures
(2 candle power
t. dlectric Power
1 Miring
2 Source and primary voltage I
43 Secondary voltage: number of transformerse opacity
f. Heating Plant
1 Type of unit; make
2 Boiler size; capacity; pressure
3 Availability of process steam
q. Sprinkler Systa: let or Cry
1 Pressure
2; Supplemental fire extinguishers
h. it and steam lines: location and capacity
j i. Air-conditioning: location~ type- capacity
Overhead crank loationi apac;ty
` i
kiscellanaous Information
a. Utility Charges
III water rent
r. ;1 2 Sewer rent
b. nsurancp charges: tire; liability
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T" DINTCN $MALL MINUS ASSISTANCI CENTER REPORT
This "Part is designed to coincide With
of the Incubator Task rare** The In or Taseadarc
(IT?) has determined, and will re ,~+bat Task force .
Primary need for area Post each that the
available every day from la local resource, counsel
The following outline is designed to
for this center. Provide the
framework
DEMN SHALL BUSINESS D
1CvMPMJT CIIM (SBDC )
1.0 PORftSa AND SCOPE
SBDC is being designed to meet the ppeeo~
Complex management aa
and technical assistaociM and
Denton'e small business c
o~ needs at
on Providing indepth, quaiity iaiata od
l
b~ nesaes in ail areas which promote gr towth
agemene innovation, increased productivity and
improvement. SBDC will
Promote small business interests and will concenate on
developing the unique resources of the educational
'kr system, the private sector, governments to provide service toJ state and local
community which are not available elsirrh~il business
II~
will work with SB11 programs ot management assistance
-l such as the Service Corps Of ' (SCORE), the Active Co Mired Ixecutiws
the Nrsv small 8usinesinatitutitives (ACE) and
e
xPSrtise Of these aftiiiared resourccesttnire the
services. Provide
PROdRAM O
BJ'ECTIVES
1Y~• Xr
F Tl* overall objectives 13f
y, the $Doe
identifY and effioientig use eder program are to
dollars, and those of tiie academic community dollarsState t
Private sector to, , and
X X: 1• Strengthen the small business
Denton areal aoommnity in the
2• Contribute to the ecanomic growth of Denton,
21 Make more assistance available to Denton
0 risinesses than is hall possible with present
4• Create a broader based delivery a
r
Denton area small business oommuaniatm to the
fi.
XX
To accoeiplish these program objectives, SBDC will pputtss
additional objectives which include, but are Sot limit
to, the followings
to Rtrnish one-+:o-one individv.al counselL'W for smr,ll
businesses
24 provide training designed to improve thll SWU
VA knowledge of -Wating and prospective small
business ownersr
9. Maintain and dislxibuts current information oa
federal, State uid local. requUtions for j=W,1
businesses in coajunction with the Center's
ProgramsI
I
Assist in teehnalogy transfer from Misting
resourues to smaill businesses
6'. Pi.ovids a c
amprnheeuiw Information source
• erpecilieally deinigned to inform and strengthen
small businesses i and
6. Serve as a lime between small businesses l.n the
its eommaaity ands
a* legal associations
b. financial uA investment inetitutioar F'
e. private col~uultations/counseling, ebd
' d. local and regional, small bus
mess 1n cups.
1.2 O RGAn ZATION
1.2.1 The Ceaton nw will be a flan-
Fzw Corporation. The Board will be c profit Tthe
{ 1 o~mpriSed'of the
ti!ol ovingi
1. Chamber Representatives
p~ 2. City Representatives
3. NTSU Representatives
4. TWJ Representatives
t~; S. Business Sector Representatives
6. Minority Business Representatives
from this Board an executive Camaittee will be selected to
oversee day to day operations.
11212 Rending source identification will be high priority {
of the board$ some sources include,
1
f
ter',.
1. Donated office space
2. Donated office equipment
3. Utilise scare members as staff
4. City of Denton CBDQ funds
S. SBA
6. Private donations
7. Users
1.2.3. STA"
ectly to the executive
SBDC Director - will repor=111
board. The Director is prly responsible for the
overall administration and leadership of the SBDC.
Primary responsibilities includes
1. Managing the budget for the SBDCS
2. Assuring a system for proper and timely reporting
I 3. Recruiting, supervision, and evaluation of the
on all r members of the cantor r,tafft
4. Development and coordJAation of Denton Small
Business counoil'
35. Planning for future program and direction of the
area SBDC.
ACCOUNT InCUTM - The SBDC Account Director will be
directly responsible to the Central Texas SBDC Director
r and will provide performance reports as required.
j 9ualifioations lnolude traininq, public relations
experience prefarredi a Bachelor's D• ee in an
k appropriate field. Primary responsibilities includes
L ,r 1. Visitinq Small Businesses to promote services of
the SBDC, access noeds, develop specific training
programs either on-site or at a satellite
location and act as liaison with businesses
2. Providing short-term counseling to small
r ,~t businesses
" k 9
3. Placing small businesses in contact with
additional resources of assistance i.e.,
community college and untverrity courser,
i•, private consultants and written/visual
T materials#
4. Serving as the marketing arm of, the area center, i,
oomsa.niaating information regarding the services
offered by the center.
SECAETAIY - Support the Economic Development Director.
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1.3 SlRI.CCZS OR6AED
A variety Of resources will be used for the individual
sessions such as private volunteer and pail counselors.
Counseling will be available, depending on the he
resources of the area center, in such areas as:
1. Business atart-up information - Acquisition
counseling, loan applications, sources of
financing,, types of operating plans, feasibility
studies, market research, government regulation,
a pricing decisional
2. Accounting, rocordkeeping, fLoan ial planning
3. Organisational Planning -
motivation, monitoring, compensation: Recruiting tilobme design,
uanage-
went, types of organizational
r, " 4. Computer Urdwars MA Software - Analysis of need,
purchasing of equipment, evaluating software use
Of software
S. Cost Control - Inventory control, purchasing
techniques, cash planninq, credit control, cash
r flow analysisl
6. Distribution - Analysis and techniques and,
7. Planning - Long and short range, analysis of
` trends.
In addition to counseling services, it is 'expected that
training will be provided in the following generic areas
a. Snell Business Planning
b. Small business financing
!t a. Small Business Marketing
d. Small Business Advertising and Promotion
g e. Small Business Personnel Practices
The SBDC may choose to expand, elaborate, or select among
these categories depending upon the needs of its small '
business community. Training will normallyy be done in the
forms of sa inars, classes, and workshops !or which a
registration fee will be charged. 3samplos of same of the
Q 3 5
training topics which might be used area
4 1 p~
K
as Developing a Business Plan '
b. The Puture for Business and Industry M1
1 , a, Introduction to Microcomputers
d. Introduction to C !
aroputers for Managers
Astall seil~n~ techniques
Cred t and o leations
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I
q.:' Strategiez in small Business
h. Women in Stall Businesses
I. Marketing sad Advertising
J* Direct Mail Marketing in Small Businesses
k. financiaq Small Businesses
1. Time Management Techniques
m. Customer Relation Techniques
Credit//Non-Credit options (these are examples only)
a. Managing the Problem Employee
b. Microcomputer Workshop
e. Tax Records for Small Business
d. financial Planning
e. now to Develop a Business Plan
f. Marketing//Advising
q. ,Homan in Management
r h. small Business Management
1.3.1 SPECIAL ASSISTANCE - dpecial assists= is expected
to be provided in several areas of high priority. These
include projects or programs for minorities in business,
r veterans, business owaers, and export trade.
To address the need for special assistance, the SSDC will r
sponsor a series of training programs, workshops,
i seminars, or special activities which will strengthen the
potential for success among the high priority minority
groups.
k} omen and minority groups will be well represented.
Conflict of interest will be avoided by ensuring that the
Advisory council members receive no special assistance not
priority treatment. r
d
` The Advisory Council will provide recommendations on SBDC
policy and program development and provide an on-going
participation with the small business community. There
''g will be a minimum of two council meetings during each
fit 're A i °
T twelve mouth contract period.
Linkages with other delivery and service agencies will be
encouragedq for exempla, 10091 Chambers of CGllraerc@
economic develop unt organisations at aganaies, Smslf
Business institutes, eta. will be encouraged to assist the
small business centers without duplication of the services
x1ready provided.
x
41
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i
w ECONOMIC DEVELOPMENT INCOME UPDATE
CALENDAR YEAR 1987 - RECEIVED TO DATE
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PRIVATE SECTOR =32,425,00
i 11,146.33
CITY
`f $43,761.33
TOTAL 't
E~ 1987 OUTSTANDING
r 5 ~r ' t L t
,PRIYATE SECTOR (LOCAL) :15,725.00
7,000.00
PRIVlITE SECTOR (OUT OF TOWN)
t K r X'L
MOOING FUNDS {OUT OF TOWN) 7,500.00
530,225.00
70TAL:P01VATE
r ~ f r
22,187.00 ;
< C I T
aV
GRAND TOTAL $96,173.33
n.' ■~wrr~a~ie z
p
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,~Aii EXPENDITURES TNRObON OCTOBER 1987 5249456,86
} it l fY l !ryi ot.r
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44,
41
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M~4 {Mr}p11 1 ~ 1 ( X `~C
1 ~n P 1 L, e t r qtr".
jr.
, ECONOMIC DEVELOPMENT GOALS
December e, 1987
Meet with city staff to update goals,
Research public/private partnerships,
i
Pursue feasibility of Farmers Market/Indoor Crafc Center, '
.
Develop a list of policies that could hamper economic development
0 and suggest revisions.
Ensure City facilitation of each industrial prospect In conjunction
with Chamber of Commerce.
Profile the degrees of the graduates that
try to use this profile to attract industry, ome from NTSU S TNU and
i
~f Determine what type of services and research the Universities can
provide.
µ Review current policies regarding the City's stancs on extension and
construction of infrastructure for promotion of economic development,
Develop ideas for structuring creative financing I r.;t
~ programs.
P 14 1 ~ Y ~ "I.
Research what other cities are doing to enhance economic development,
,r
Update and reformat fact book,
. C:
Identify and update available Industrial sites and buildings in ,M
Benton, Catalog and publish for prospects.
A^M y P 'd
Develop legal and procedural structure of Small Business Development
Develop marketing program for Sma21 Business Development Center.
Refine Utility Rate Incentives for industry. %
Host first semi-annual breakfast for local CEO's to meet with City
officials to improve communication and generate more ideas.
„
Cultivate industrial relationships, f'
y pursue the feasibility of hosting an annual luncheon to present
State of the City report to external contacts, allies (Bankers, {
realtors).
Prepare and Implement` Airport Marketing Plan.
u'" t Participate in Town/Gown ICMA Cotes,)rtium. %
Serve as liaison with North Texas Commission and participate in
t, Metroplex Economic Development Network.
sr ^f
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CITY COUNCIL REPORT FORMAT
T0. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
1 SUBJECT: Discussion of Renewal of North Texas Commission Contract
RECOMMENDATION; The Department of Economic Development recommends
I t '
s approval.
I
SUMMARY: The contract under consideration is a renewal of tha contract
entered into last year between the City of Denton and the North Texas
Commission.
BACKGROUND: The North Texas Commission is a non-profit economic
,t development consortium for the purpose of developing regional programs
to market the North Texas Region, including the City of Denton. Fees
are assessed at the rate of .075 times the population. G
xa ; i- PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The City of Denton will ,
enef t greatly in the areas of economic development networks, resources,
"industry;contact and strategic economic development planning from this
` rersewed association with the North Texas Commission.
% e'► FISCAL 1tIPACT:
The City will provide $4,706,00 for the annual renewal of this contract.
RESP ULLX/SU fTE
P
S
UoytY V. arre
City Manager
17" Prepared by: '
ens;:
title
. ~ i Leh ~ ~ a. .L
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Approve
Title
" 26SSC/3
Ih~ta'~ ,G 5 1 li''.
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CITY of DENTON, TEXAS MUNICIPAL 8UILDING / DENTON, TEXAS 76:201 / TELEPHONE (817) 566-8200
MEMORANDUM
1
DATE: December 2, 1967
TO: Mayor and Members of City Council
FROM., Betty McKean, Executive Director
Municipal Services/Economic Development
SUBJECT: Renowal of Contract with the North Texas Commission
The annual contract with the North Texas Commission (NTC) is
being submitted for review. The City has participated in the
t r 4
North Texas Commission's marketing programs for several years. ors
's t 7a The goal of the North Texas Commission is to promote economic
rowth of the Dallas/Fbrt Worth Metroplex. In this context,
Dentor, is certainly seen as an integral part of the Metroplex.
r, `r'` ?a Although the primary thrust of the Commission's program is k.
indirect we have found them to be very responsive to our I
specific requests for support. In particular, they have been !
very instrumental in our research and lobbying efforts to
prepare a convincing application to the Railroad Commission for
the Commercial Trade Zone. Also, the President of the North
Texas Commission has pledged his staff and the Commission's.
- efforts in assisting us in promoting our local airport.
They also provide an excellenp data bank and network of resources when we are trying to quickly respond to prospects'
questions! They have recently formed the Economic Development
Mum to promote exchange of ideas and develop a broad base
resource directory that should be very helpful in improving ;
Overall the NTC role is that of a national an
local efforts, and VA .at international chamber of commerce for our region and it
"I certainly is in our best interests to be represented. The
contract, once approved b4 the City Attorney can be executed by
1 - rR r , the City Manager and the ayor,
4 Please let me know if you need any further information,
t." w
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THE STATE OF TEXAS
KNOW ALL HEM BY THESE FRESEMTSo
COUNTY of DEMTOM
it
{ this Contract and Agreement made and entered into on the lot day of
(f October, A.D., 1987, by and between the City of Denton acting by and
through A. Ray Stephens, Its duly suthorlud Hayor, hereinafter referred to
as the "City" and the Worth Texas Comission acting by and through its duly
authorised President, Harden H. Wiedemann, hereinafter referred to as the
I "Commisslon",
i
WITWIS3tTH.
WHEREAS, the Commission is a regional, independent, non-profit economic
5. i development consortium made up or emnlalpallttes, chambers of Commerce and
k corporations established under the laws of the State or Tease for the
1 purpose or developing regional programs both on a national and intern.
tlonl level to market the North foxes Region, which includes Denton County ~
and the City of Denton; and
WHEREAS, the success or failure or the Comission's purposes and
E objeatives has a direct impact ipin the health, comfort, safoty, peace,
41 I
toad government and welfare or bhe citluns of the City; and
c 1
efu`~; ay~ y WHEREAS, the City is chargN with the responsibility of promoting and ri 'Y ,T preserving the health, comfort, safety, peace,
good government and welfare ?
of its aLtltens;
+ 7o`R MOW, THEREFORE, In consideritlon of the mutual covenants and agreements
.,r
hereinafter set forth, the parties do hereby covenant and agree as falIowst
~~T r;F~~ 41 ~+ARTICLE I ~ -~:T 7
1 { :1 ' 1 r
{ The ComaLeion etull dammenca the services contemplated to be Iyrnished
p, r { and performed hereunder on the tat day of October, 1961.
e t ~ .4 , q AR7tCLt Z '
fie term of this contract and agreement Bull be for a period of on
V
year frog the lot day or October, 991.
„ ~ ~;1C41 3
U01 of Denton agrees to pay to the CowLsaloa u cempenastion for
servlas rendered hereunder tM sum of four'flausend Sevec Mmdrad 3!s and k
owit
, ,xyable u toll
i
00!100 Dollars O4,106.003 For snmfg
.I.
Annually
1 -4 ~ ~#I Y
j. I a
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i
ARTICLE
i
The Commission covenants and agrees to:
(a) Coordlnits the development and implementation or a ;eglont'
marketing program that will position the Region, and as such the
City, positively in the winds of a carefully selected audience of
nation,l and International business and governmental executives. I
As the marketing program is totally regional in nature, the City's
name may or may not be listed In related marketing literature.
However, it is the Commission's policy to make every reasonable
effort to publicise the City's name in all literature within the
Commission's control.
j (b) Design, dcieUD and Implement a program to compete for national
$*lines zae technology projects/funding and to stimulate the
§ devalopmeal. of excellence in solence and engleeerlng in the North
' j Texas Reg it i.
(o) Design and do%'lop a regloral aviation program to promote aviation
In the North Texas Region which meets the needs of business avta.
tion faollitiss and continued development or Dallasltort North a,r
~d ti wr4,v International Airport and addresses the airspace Congestion.
(d) Hake available to aitlxens and rwsidents of VA City Ouch mater
` ! } Iola, including economic research, as It ham and my devalo;f, I'y
r i ti c ` ± gather or produce for enhaeaing the soonoati health and well-being
t~,,t r1r of the North Texas Region. }
1i` ,i - a * (e) Develop and implement a regional vrketing strategy to increase
\r the region's, and where appropriate the City's, international `
Y- lust.
(f) Continue current successful programs and Implement such riew and
a~.y+ Ptv, innovative programs as will further Its aerporate Objectives and
those in oamoo'with the City's Interests and aativittes..
l'e Yf 0.~.
? o = It is covenanted and agreed that the Mayor of the City shall be an ex•
e ( *trial* member of the Bard of Dlredtars of the Comdesloa ad, as such, is a "
the City's doslg,rted represectatlve to vote the oityls msmxershlp shares
^y4 ,a r, J at all offletal elections of the Cogm lesion. If the Maya is unable to
f; +
k' ti 1 eeeve, hill position on the Board will ?m filled by the City's Mender.
z
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,
ARTICLE 6
1 ~ I
j
Notwithstanding the provisions of Pera6reph 2 above, it is agreed this
contract say be cancelled and terminated by either party upon giving thirty 1
(30) days written notice w to cancel or teranate to the other party
hereto. The terminal thirty (30) days shall oommeenoc upon receipt of such
notice by the addressee and shall conclude at midnight on the 30th day
thereafter. In the avant this contract terminates under the provision of
this paragraph either unilaterally or by agreement of the parties, if not
otherwise stipulated, it is agreed only the pro rata portion of the
termi,al monthly installment for service shall be paid on the let of such
y terminal month. Upon payment or tender of such amount, all of the City's
yl 5 ' I`obligations hereunder shall be discharged and terminated and no action
shall lie or accrue for additional benefit, oonalderatlon or alum for ov
based upon the services performed under or pursuant to this egreement.
I ARTICLE
Z m . "7 d
y i Commission shall pay all taxes, royalties, and expenses incurred to
+ connection with services under this agreement, except u provided in
t}z~ i 5ya F' Article 3 herein. I
ARTICLE 9
y ,
Commission shall observe at:! abide by all applicable federal laws,
state statutes and the Charter and Ordinances of the City, and all rules e
and regulations of any lavNI 7egulstory body acting thereunder in
F
t t G A
• eonneotion with the services performed hereunder. ha,
~t , X t
Ant
No mrnber of or delegate to the Congress of the United States dull be
k M1.',i~ "n admitted to any share or part of this confrerest ol• to any bandit erlaleu3
j1 ARTICLE I
i
No camber, officer or employee of the City of of any local public uody, t.•.
d during this tenure or one (1) year thereafter, shall have any interest,
r i
direct or Indirect, in this contract or the proceeds thereof. This prohi- (
I
bitten is not Intended and should not be construed to preclude payment at
¢F 1 expenses legitimately Incurred by city officials In the conduct at j
cA Commission business.
.s ,
.:I
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AATICLg 12
11 Venue Of any fiction brought on or undcr this agreement shall lit exoiu.
a: lively in Denton County, Texas.
A
IN WITNESS WHEREOF, the ;arttes hereto have caused this agreement to be
signed by their proper oorPOrate officers as first above specified, and
have caused their proper corporate seal to be hereto affixed the day and
year first ::re written.
f 4:
r
city or Dorms
1 , . A#r .~i
BY:A. Ray Stephens
7;! mayor
' A
a r TTEST:
F , City Secretary
' s APPROVED AS 10 :DNS AND LEGALITY:
1
}y 4rt1;
# +'aR, tr P 1' City Attorney
TEXAS 011OW1SSiON t
Date
S 'lrti 's~ 1 q S; r
{ 1 C S all ~
ti a Harden N. Wiedemann
President } ,
! 'JNJ .~g ,yn
.c .~'r f'{rr e~~. .
ATMTs
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t
33
E. Gardner
Secretuy
r
APPROVED AS TO FOAM AND LEGALITY:
d5 r y"~ rrl x l ~r. x
t I I
n
4` r Y~ e~ I 3
Kai T. Thorn*
Central Counsel
I!
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,1c r_ r"~'Fr~ rR 0eYY" 3 9y' ,y' Fq
1 r{ q T ~r eM Fa _ r k ` .1..
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To: The Honorable Mayor and Members of the Denton City Council
FROMe Main Street Study Task Force
f f, a
F, DATEi November 18, 1987
SUBJECT: Tesk Force Response to the Mayor and Full City Council Concerning
a Main Street Program for Denton
` After hearing all of the discussions about the Main Street Project, listening
to the concerns as articulated by the representatives from the various organ-
„ izations represented on this advisory committee and examining the impact of
budget reductions on the organizations' finances with hotel/motel funds, it is I
the committee's suggestion to the City Council that:
g;i,+ yyr g 1) The advisory committee generally recognizes the benefit of the Main Street
r~` t^ Program and feels its implementation in Denton would be beneficial to our 1r
t community.
2) Because of funding difficulties at the State level, it is impossible for
Denton to formally enter the Texas Main Street program in 1987-88. Therefore,
the community0a primary emphasis rl,ould be to take all necessary steps to
attempt to enter the Texas Main Street program in fiscal year 1988-89.
C tit r 3) The City Council should immediately appoint a standing committee to prepare
for the City's entry into the Main Street program in 1988-84 and to under- t
take other activities necessary to promote the downtown area. This committee
should include representatives from the various organizations who hwe worked y
on this advisory committee plus others listed below who will have valuable
4 P` js input into tb3 discussions. Specifically, a representative from each of the
following interested parties should participate:
:rr
A participant in the recent - Denton citizens at large
7 thin Beautification study { k'"
- Denton City Council
- Central Business District Association
r } ` - Denton County Government
{
-City Landmark. Commission
u
- Denton County Historical
- City Manager's office Commission
Convention 6 visitors Bureau of the - Greater Denton Arts Council
L 6 l~F .
Denton Chamber of Commerce w'
North Texas Fair Association
Yr +4yc - Denton Chamber of Cormerce Small
p; r "1 Business Task Force - Planning 6 Zoning Commission
11 "
r
K 3505 Teasley Lane/Denton., Teas 76205/Bam: 817.565.0313/0 Fflce, 817.565-0554/House: 817-5 65-14 17
+ S}
i
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- Page 2
I 1
G
4) The committee should begin its work shortly after January 1, 1988 and
meet regularly to accomplish the reseach necessary to position the
community to apply for the project at the beginning of fiscal 1989
(October 1988). In order to sustain the momentum for the Main Street
Program, the City Council should seriously consider utilizing as ouch
as necessary a portion of the $10,000 budgeted for the 1987-88 do.mtown
plan to fund an assessment visit by the national Main Street office,
which is headquartered in Washington, D.C., and for other expenses
recommended by the standing committee.
5) From figures provided by the Texas Main Street office, it appears as
d if an annual budget of approximately $59,000 will be required for a
period of three fiscal years for a Denton Main Street Program. Therefore,
during the next year, the standing committee will be expected to finalize
a proposed budget and to continue a dialogue with the various organizations
p represented on this advisory committee regarding their willingness to help
ti with funding for a Denton Main Street Program. Hopefully,' some type of
minimum funding for a period of three years can be allocated from the
t organizations now receiving funds from the hotel/motel tax and from any
h other parties who would benefit from the project. In addition, further
discussion should occur between the City and the Greater Denton Arts
Counoil about the possibility of allocating a portion of the It hotel/
motel tax earmarked for the arts complex in exchange for a lengthening
of the commitment of these funds by the City. Further, the committee
feels that a substantial portion if not a majority of the annual funding
for the local Main Street Program should come from the City's General Fund.
Respectfully,submi-ted,
i
o . .tiro Alexander
Geneva Berg
Jerome M. Gott
r ' I ' fcobert Corton
j Lloyd HAtrelt e
n' kv h5` r: Y' onna Jenkins
Bullitt Lowry z
Richard,Rodean.
" Jasies Roden
Theresa Waller '
Robert.Hoodin
s n, k S
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a x +t CITY of DENTON
DENTON, TEXAS 70=O1
I y:,
4 J R 7~,
KEMORANDUM
.i J
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DATE: November 30, 1987
3 .
TO: Mayor and Members of the City Council
a~ r
a FROM: Jennifer Walters, City Secretary
SUBJECT: PROPOSED JOINT ELECTIONS WITH THE DENTON INDEPENDENT SCHOOL DISTRICT
"r F" t ++e r II) ~ F?
rn+r y f ,nl Gilbert Bernstein, Assistant Superintendent-DIED, met with ne on Wednesday
November 25, 1987 to discuss the possibility of point elections for the
May 1988 School Board-City Council election.
rt';,,c~ 4a Mr. Bernstein was interested in a possible contract with the City using common
e~ qi~, polling places, a common ballot and a joint set of election judges, and
tay ~ w cldrks. He asked that the Council consider this issue as noon as possible an
any changes the DIED makes to its voting procedures suet be pre-cleared with
ar , the Justice Department. r`
4e t
ra, I will be meeting with Mr. Bernstein again on Wednesday, Decesbsr 9 to discuss
►W action the Council wishes to take regarding this matter.
r
J ifs Walters
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:30
CITY COUNCIL REPORT FORMAT
Council
T0. Mayor and Menbers of the City
Lloyd V. Harrell, City Mangler
FROM:
n t ter into an
Autl neighborhood park.
agr oonDistrict to dovel
SUBJECT: Independent School
r ? RECOMMENDAttON: agreement with
neighborhood park on school
enter into a lease f the Denton P
'1 is The recommeidatiendentiSchooloD tract to develop a
a ` owned property.
y The School District
SUlB1ARY: The City of Denton has established a co ooperativepertyagreement with the
!Y +yl Sch~oo b tract to maximize public use of public owned pr.
currently owns a 12 acre tract o{~QandTherparkstand Rschool at the ecreationeDepartmenttwishesito
of, Teasley Lane and Longridge Dr
of I hie unused land into a neighborhood park until such time the school
r,
develol ND: determines to build a school. adj I
and School District operate similar arrangements on adjoining
City
% property as well as the City a neighborhood park on lease property
Curree has developed
is actively seeking to reduce the deficiency
' at the Denton State School. The City
in neighborhood pa T ENTS C•Ri GROUPS pAFFECTEDmethishneighborhoodrzone~. goals for
parka and Recreation
p¢ FISCAL IMPACT: No fiscal impact will result in the current fiscal year budget.
ishedtto raise funda 'ed tdtoapurchaselable. a
r t 1' and sowing will. be absorb
rf Propdrty cleen up will be
tttr - A, neighborhood support group i4ment.--
` r
er park equ TFULLY SU MITTED• i ,
j}ME~ k, , r playground and oth RES
{
r.
City ~Janager
5 ' Prepared by:
t c=
~p i~ j'.~1a4 f~a]
yr. sae Robert K. Tickner
+a'•:: Title Superiatendeat of Parke
OVed:
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Cltle `
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qa ~F~ r:, ~ l • r J I r k q a ~ P
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04.41 romm"s 64
ANNA
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Denton Indcmdat School ' WCt
SPIGOT T r.POO ur>rrw.w.M..
r.~ as INT
UNTON: MAa ?6202
a
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November 11, 1987
+~tt
Mr. Steve Irishman, Director
` k City of Denton Parke and Recreation Deportment
121 Rest McRinwey Street
Denton, TY 76201
No 7
t
Y
Dear Mr. lrialaans
I acknowledge your request of October 22 for the City of Denton to make use of
Y the district school site at Teasley Lane annd Longridge as a park area until it
I'
w3 may be used for a rchool.
this will advise you that the Trustees, at their meeting of November 10, 1987, '
mill `GYi P~ approved the authociaation as requested and along the lines you describe. Please
Ri d work with Mr. Norman Sisk, district Dirtctor of Operations, as you implement the
M~ plan. We ask only that you molutsin the area and provide such improvements as
r` a a may be adopted at a later date should a school be built on the site.
' f I invite you and your department to share your projected plans for the park in a
y a , SSR1 brief report to the Trustees on November 249 7t00 p.m., at the School
Administration Building, 1307 North Locust Street.
are pleased with this further example of cooperation between the City and the ~
Denton 190. Citizens are winners a;ainl
W4 , t r,r 'p`~` ,
JYp4;~ " a . A +d: V
~lQj' ny „
Y1yY I A r V~:t1 _ 1
Robert T. McGee
RTM/jd
i ect Mr. Sisk
~1 v Mr. Bernstein
Mr. Bartell
Mayor Stephens
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CITY of DENrON, TEXAS civic c•nforl 321 E. AfoKlnn@yl O•nron, TX 70201
CITY OF DENTON
f> PARKS AND RECREATION BOARD MEETING r
TUESDAY, DECEMBER 1, 1987
5:30 P.M. SENIOR CENTER
,r MEMBERS PRESENT: Gary Eirchoff, Chairman
f ~r Carl Anderson, Vice Chairman
° Rita Pilkey
Dalton Gregory
R< Catherine Bell
{:ir' STAFF PRESENT: Steve Brinkman, Director, Parks and Recreation
Bob Tickner, Superintendent of Parka ;
Chris Smith, Administrative Assistant
Joy Beach, Senior Secretary ;
GUEST PRESENT: Virgil Strange
1
Ei r{
~ t4 MEETING CALLED TO ORDER
I It
The meeting was called to order by Gary KicchofE, Chairman.
It. APPROVAL OF MINUTES FROM LAST MEETING
4k° r r raid i • 1
On a motion by Carl Anderson, second of Dalton Gregoryr the
minutes of the meeting of October 26, 19871 were approved. a'
~w`~l r r lard III, OLD BUSINESS
fti'd J j 1~ Mandatory Dedication Ordinance:
Gary opened the discussion with a brief review of the ~reasons which prompted the need for mandatory dedication
ordinance. He then introduced Virgil Strange, who was
acting as a representative for the major developers in
the area. Mr. Strange said he was concerned that the
ordinance would have a negative effect on development and
C ° • : ~ `
p~q}~ Parks and A~crs~tlon / WntonrToxa. i ro!nflee•esyO
f x .~....i^ 4 .,b>,.. •.w r. .V'~',ic.u Yr 4'JXMti:Y.e.
.
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r
-Parks and Recreation Board Meeting
-December 1, 1987
Page - 2
i
suggested using alternatives such as donations of land
from developers, donations from individuals to be used as
memorials, or taxes. He also suggested trying a policy
statement for 18-24 months to see how it would work and
then if the policy did not provide the necessary land or
fees, the City could go to a mandatory dedication
ordinance.
The consensus of the Board was to carry the ordinance to
the Planning and zoning Commission for their review and
then to the City Council if approved by Planning and
t
zoning.
2. Pioneer Farm:
Steve reported that the City Council gave approval on the
concept of the farm with the condition that it must be
r shown that it could be self supporting.
3. Martin Luther Ring, Jr. Center:
':iY_: Steve said the construction drawings have been approved,
and the Purchasing Department will send out for bids in
about 14 days. The bids will be W. for 30 days and then
'+a Council will approve the lowest and best bidder. H} also
' suggested a committee be formed to start working on the
~tf#r dedication ceremony. Catherine sell said she would
>,4 volunteer to serve on the committee.
V' z
4. Pool Complex Feasibility Study:
o
Steve said he should have the report fron the consultant
1`later this week. A copy of the report will be sent to
each member. The report will go to the Finance
Department and then a recommendation will be made to
Council.
~1 7 w t y s
IV. NEW BUSINESS
v 4 4 * 1. Proposed Teasley Lane Parksite:
k a.'';' F Stevc gave a background on the property which is being
' proposed as a parkette. The school district had
purchased the land for a school site but will not be
art using the land for several years. The school district
has approved the use of the land for a parksite until it
"k should be needed for a school site. Bob Tickner said the
land is approximately 12 acres in size and gave a
presentation showing potential plans for the use of the
land, Steve said a solicitation drive would be initiated .r .
development of he
to raise money to help with the ,
property.
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Parks and Recreation Board Meeting
December 1, 1987
Page - 3
Dalton Gregory moved that the departinent move ahead with
the development of the parkland on Teasley Lane. Rite
o^
Pilkey seconded the motion. The motion carried
unanimously.
V. OTHER BUSINESS
° gay .
1 December Meeting Date;
The Board decided to not have a meeting in December
except for the possibility of a joint meeting with the
F' Planning and Zoning Commiasi.c
via ADJOURN
C-
^ On a motion by Carl Anderson, second of Catherino EPIl, the
meeting was adjourned.
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DATE: 12/08/87
CITY COUNCIL REPORT FORMAT } 702 Mayor and Members of the City Council 70-
FROMs Lloyd V. Harrell, City Manager
SUBJECT: PUBLIC HEARING FOR S-180 AND ADOPTION OF ORDINANCE
y' n ~ I
" i RECOMMENDATION:
The Planning and Zoning Commission considered this item at its l
meeting of December 2, 1987 and voted to recommend approval of 5-180
with conditions by a vote of 5-0.
` ~ y9Ur4SAAYi
3 ` This is a request for an extension of an existing specific use
permit to allow the operation of a YMCA facility on an 8.5 acre
% tract located at the northwest corner of Windsor Drive and Riney
L Road.
~4^" 1 I s„~'„ r
BACKGROUNDT
This request was necessary because the petitioners had not completed }
r " the YMCA facility within three (3) years from the date of approval
`j as required by the original ordinance. n
r4 ,
rr?,",, PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED:
Not applicable. {
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" ~ ~ FISCAL IMti?ACT s
There is no impact on the general fund,
10,
Res fully su teds
1111 L d Y, Harrell
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$t^ r Denies Sp! eye;
Urban Planner
A4proveas G iFl,
a`(Lkt p~ David Lllison i
Aotinj Director for
planning and Development
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PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
a
To: Denton City Council
Case No.: 5-180 Meeting Date: December 8, 1987
y 7~°A
GENERAL INFORMATION
yl.~,;4Y{ Applicant: W. D. Byrne, representing Y.M.C.A. Of
Metropolitan Dallas
_ 601 N. Akard
Dallas, Texas 75201 I
Y.M.C.A. Representative
° r Status of Applicant:
%
I Requested Actions Extension of an existing specific use
permit and amendment of an approved
6 site plan for a Y.M.C.A. facility 4
InJ Location and Size: An 8.5 acre tract located at the
northwest corner of Windsor Drive
J$ and Riney Road
Surrounding Land Use
and Zoning: North - single family residences,
vacant: A
` South - single family residences.
tl vacaht: SF-10
u~ar 1
East -single family residences,
~M~r A~~;y r >zt vacant: SF-7. PDT A
West - North Lakes Park, A
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Denton Development Guides Loa Intens.ty Area
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6
t; - MCIAL INFORMATION
)4 ,iib r SAY Transgottation. ~
This property has frontage on Windsor Drive, an improved secondary major
;
arterial, and Riney Road, designated
as a collector street. The Riney
Road frontage of this property has
been improved to City specific- 3
*w° tions. A sidewalk on Riney Road
+lV a a;.
provides pedestrian access to the
site.
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(Case S-leo)
Page Two
c
~r SPECIAL INFORMATION (continued)
r,
h Utilities: water service is provided via 16"
ri lines in wirlsoc Drive and Riney E
as>Road. Sewer iierviee is available via
t> an e" line .r. Windsor Drive. das,
rs telephone, electric, and cable
y r,+
services are available to the site. :i
Drainage:
r Drainage on this tract falls to the
west toward the park. Detention
ponds in adjacent North Lakes Park
" help to control drainage in this area.
v
HISTORY ~
~r z F
In August of 1984, the City council approved a specific use
permit for a Y.M.C.A. facility at this site. The ordinance
contained the following conditions:
t 1. No detached signs, other than a score board, shall be
permitted.
2. A permanently maintained six (6) foot solid wood fence
shall be erected along the north property line. s
3, The specific use permit shall expire if th3 Y.M.C.A. facility is not completed within three (3) years of the
va effeutive date of thit3 ordinance.
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ANALYSIS
s,;? This request to extend the specific use permit granted in 1984
was necessary sinco the facility was not completed within the
required three year time period. The following is an analysis
of the amended site plan: %
1. Facilities: Existing facilities are a temporary office
building, swimming pool, concession and storage pavilion,
and four (4) baseball diamonds. The proposed amendment to ti
fr,~~ `,14 the site plan features a 3,600 square foot office,'meetinq u:
room facility. The temporary building will be relleated to ;
yet,+,a~t.r parmlt construction and removed when the new building is
completed.
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Page Three
ANALYSIS (continued)
r
2, Parking - The existing parking lot contains fifty-six (S6)
x spaces and an additional thirty (30) spaces are proposed
along the north property line. Staff recommends that the
additional parking be provided within one (1) year from the
effective date of this ordinance.
3. Screening - The previous specific use permit ordinance
.1 ,
required a six (6) foot solid wood fence along the northern
property line. The petitioners have requested that the
fence requirement not be continued; however, staff feels
rr that the addition of parking in this area makes a screening
~fence a necessity.
4, Signage - The previous ordinance specified that no detached
signs other than a scoreboard were permitted. Staff recom-
mends that this condition be maintained in the new ordinance,
< S. Landscaping - The petitioners have informed staff that
rye, r~ F, landscaping is normally donated to a Y.H.C.A. site or E
7 facility. Since the type or amount of donation is not
currently known, it is difficult to prepare a landscaping
plan for formal approval. Staff recommends that ZU1 of
,
- >nLandsca pe Area", as shown on the site plan shall be
the
landscaped within one year of the effective date of the
ordinance. Prior to installing any landscaping, a land-
a.
scaping plan showing the location of the landscaping shall L
be submitted to the Building Official.
r
J y`t PECO14W NDAT ION
r
t The Planning and Zoning Commission, by a vote of 5-0, recom-
g'G'° tended approval of S-180 with the following conditions at its
A^f;+L meeting of December 2, 1987:
1, A parking lot containing fifty (50) additional parking
spaces shall be constructed, in accordance with City
specifications, along the north property line of the
property, as shown in Exhibit "B', within one (1) year
~a of the effective date of this ordinance.
2, A permanently maintained solid living screen, of a minimun
height of six feet (61), shall be erected along the north ;t
,a~tt r r boundary of the asking lot prior to making use of the new
parking lot requfred in peragraph i,
`r S. No detached signs, other than an athletic field scoreboard,
shall be permitted on the property. a:
4. Within two (2) years of the effective date of this ordinance, twenty percent (201) of the "Landscape Area" as shown in
+ Exhibit "B", shall be landscaped. Priot to installing any
landscaping, a landscapin• plan showing the location of the
landscaping shall be subm~tted to the Building official,
,
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(case 5-1601
page Your
ALTERNATIVES
1. Approve petition
'a 2. Approve petition with additional conditions ,S
y~} r 3. DOnp petition
d ~ ~ I'bY titi'~ L
s ATTACHMENTS
Cpl ~y 1. Location map
I~ 2, site Plan
511 3. Previous S-lso ordinance
9. Reply Forms Total
5. Property owner List
1 Planning and Zoning Commission Minutes of December 2, 1967.
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S 180
N0RTH--
YMCA ADDITION
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AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A YMCA FACILITY:
PROVIDING FOR THE REFERENCING OF SUCH USE ON THE ZONING MAP OF
a THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY
ORDINANCE 40. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY
6.590 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS: AND
7n^, DECLARING AN EFFECTIVE DATE.
k
THE COUNCIL Of THE CITY OF DENTON# TEXAS, HEREBY ORDAINS:
Flt SECTION I.
The toning Claisirication and Use designation of the follow-
ing described properry, to-wit:
SITUATED in the City of Denton, Denton County, Texas, and being
a tract of land in tAa N. H. Malsenheime[ Survey, Abstract Lo.
E, 810, and being A portio•i of that Certain tract described as 9.10
s (,?fit ' i acres in 'Exhibit A' in deed recorded in Volume 885, page 519 of }
a tte Deed Records of Denton CoontY, Texas, and said l
„ portion being
more fully described as fellows:
r ,
BEGINNING ac an iron rod set for the point of intersection of
the present north line of Windsor birve (Old Banger Road) with
(y rr{1. the present vest line of Riney Road, said point of intersection
3
being at defined by R.O.W. acquisition by the City of Dantor.:
" THENCE north 89101' vest with said north line of Windsor Dfrve, r
as defined by said R.O.W. acquisition, 144.32 feet to an iron f
rod set at the point of tnt irsection of said north line with the X!y>
southwesearly line of said f.30 acres and the norheasterly line
of that certain tract eonvr)ed to the City of Denton as Tract I
a~ in deed recorded in Volume 617, page 107 of said Dead Recorda:
xga` ` THENCE north 34450155' Veit with said common line between said
3 r^ 9.20 sere tract and said City of Denton trace, 1036,38 feet to y corn
et of sa tract Oand rod in place
he n0[thtalt for th
corhornof tsald CCity of Dentoni TractG. Iicle
THENCE south 686450300 east with A fence along the Common line
between said 9,20 sat tract and that certain 49.622 ante 'Tract
A' In said deed in Volume 615, Page 619 of said Deed'Aecords,
741.46 feet to an iron rod ii place for the northeast Corner Qf
gild 9,20 acre tract in the W40t fence line of said Riney Road:
A THENCE South 0012120' West v,~th said vast tenet line of Riney ;
Road and with the east line or said 9.20 accn tract, 809^38 feet
4 ''4 aF' to an iron rod Set at the point of intersection of said vest
y line with the most northerly r.olth line of said City of Denton
e~`,% r7 R.O.W. acquisitions
THENCE north 89495115' vest with said most ncrtherl north line
of A.0 W. acquisition, 6,50 fact to an iron rod eat for the most
+cT't northerly northwest corner of nisi A.O.W. acquisition:
la 4k~• THENCE south 06041251 West with a watt line of said A.O.N.
to the pon and said
of begin ring and c ntainingf0.690 RineyAcloadres,t 29,20 feet
At; 8.160/W, 0. SYRNE/PAGE 1
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Which is classified as Agricultural 'A' District Classification
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Use under the Comprehensive Zoning Ordinance of the City of
_ Denton, Texas is hereby granted for the use of said property a
specific use permit for a YMCA Facility, Subject to the
follow- ing conditions and restrictions to-wits
R' 1, No detached Signs shall be
scoreboards permitted ocher than a
4
2. A
fence permanently maintained six (6foot solid wood
lines shall be erected along the north property
3. This specific use expire Facilit is not com pleted hwithin three (3 the
YMCA
Years
d from the effective date of this ordinance,
4. The development of the property shall be in
substantial compliance with the site plan attached'
zr'.F hereto and made a part hereof for all purposes,
ptg(s "^'j~ r ti ` SECTION It.
`
The Zoning Map of the City of Denton
nt` o Texas, adopted the
L }ty 14th day of January, 1969, as in Appendix to the Cod* of 4
Ordinances of the City of Denton, Texas under Ordinance No.
lS. 69-1, shall be referenctd to show the
property herein described
being granted a specific use permit for the use approved herein.
SECTION
r"~ 4p That the city council of the City of Denton, Texas hereby
,af L p s' I finds that such use to In accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of ,
Denton Texas and with reasonable consideration, among other
things for the character of the district and for its pocutiar
~~a14t' f ' a 'i K
Suitability or particular uses, and with a view to Conserving
1~ W w' i~ Ler , L 5~^ ,~t5 +r Y'' the value of the buildin4a !
s protecting human lives, and `
encouraging the most a
1 ppropriate uses of land for the maximum
b ~ to-,Gi benefit to the City of Cantons Texas, and its oltilona,
~LFffYrlwky That this ordinance shall be in full force and offset
i A" ,it ++"•~I immediately After its passage and approval, the ! f~
requited PuDl£o r + tF
hearings having heretofore boon held by the Planning and toning a'.
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Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof. J
' 4D I
PASSED AND APPROVED this the day of August, 1991.
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~i~hr OS! ) t f
0. TEN MAYOR + Ip " ^ CI Of DE N, TEXAS
FY l ~
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14 : ATTEST: '
y CHARLOTTE ALLEN, ,
f + CITY SECRETARY ,
CITY OF DENTONi TEXAS
r+ i
APPROVED AS TO LEGAL FORM:
,t {ar` II 1 JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTONr TEXAS
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PROPOSED PLOT PLAN
' Y.M.C.A.OF METROPOLITAN DALLAS /
DENTON BRANCH l-
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I., ATHLE IC FIELDS F
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GYM
IADMIN
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fTi"I~rm~fl ItTntiml
PARKING 40 CARS
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RINEY ROAD
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
S-180
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IN FAVOR IN OPPOSITION UNDECIDED
1 None Received Ralph E. Morrison
4k" 716 Northridge
`xd p?"'Ir,•I w~i Denton, TX
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December t, 19a7
f; ? 11. PLBLIC hLARINGS
' A. 5-lbo. Petitlon of x. U, Byrne, representing the I.M.C.A.
o etr,.politan Usllas, requesting extension of an exist-
ing specific use permit and amendment of the approved site
p an Eor an b.S9 acre tract located At the northwest corner
of alndsor Drive and xtner Road. 'i'he propperty is further
s described as A tract in the M.M. Melsenheiter Survey,
e Abstract 81U, and is the location of the I k.C.Al, office
9 and athletic iacilltles.
Eighteen notices were mailed to pruyyerty owners within 2uU j
feell; no reply forms were received In favor, two reply
forws were received in opposition, one reply fora was
received undecided.
Spivey stated that In August of 19s,15'tAFF RIYURTt Ms. I
ouncli approved a specific use permit for a
t., T.M.C.A. facility at this site. lne ordinance contained ;
the following conditions: 1) No detached signs, other
5 ` than a score board shall be permitted, 2) a permanently
maintained six to) foot solid wood fence shall be erected
alonea the north property line, and s) the specific use
r~ permit s"All expire if the r.M.C.A, facility Is not com-
plet0d within three (S) years of the effective date of
this ordinance. this req!"est to extend the specific use
I'."1 ^ permit granted In 1984 was necessary since the facility
was not completed within the tiqulred three year time t.
6 period. Sne said that the existing facilities are a
a temporary office building, swimming pool, concession and
41 1 `storage pavilion, and four (4) base bell diamonds. IAle
proposed amendment to the site plan teatwres a !il
t^r!~3! ~ - squire foot office/meoll room facility. US temporary
building will be refo:,ted to permit construction and re-
moved when the new building is comppleted. Ste said that
fr>~F1 the existing parking lot contains flfty•six (SO) spaces
and in additional thirty (SU) spaces are proposed along
$ the north property line. the previous specific use permit
ordinance required a six (6) foot solid wood fence along
the northern property line. 'Ihe petitioners have request-
ed that the fence requirement not be continued; however
staff feels that the addition of parking in inks area
makes a screening fence a necessity, The previous ordi• "l
nonce specified that no detached signs other than a score
rr'+ board were permitted and staff feels this should be lain,
y r "r, tained in tFe new ordinance. She added that within one
v1t',Ty 4 t. (1) year of the effective date of this ordinance, twan-
t ppercent (tut) of the "Landscape Ares", is shown in hit-
Ill Dlt "B", shall De landscaped. Prior to installing any
x3~ ? landscaping, a landsca ing plwh showing the location of
the landscaping shat! ~a submitted to the Building
h Y r
. , kltTfoNtAt bill Byrne, bleector of Property kaa yenene
or the I CA hetropolitian Dallas, stated that for three
T
Veers they have been trying to get the facilitits started,
he said that the swimming pool and ballfields have been
•:,n built. he said that they now have the funds to build the
b administrative building. he said that they are requesting
+fi; that the fence be only for the length of the parking lot.
Me said that it a donor could went to build two racquetball
courts the parking would be located closer to the building,
.
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December i Ivs7
I
TF1 N fAY(jR2 bob 1ltcox, Chairman of the 1),CA board, stated
velptspro)ect thataistsyproxl FmAtelya2%Safinishedr die
said that they are
eager to egln as gelckly as possible
+nd hopefully before the first of the year, no added that
the 1hCA program is a real value to the community.
~i UrVUSITIUNI Ads kocco Fena, property owner to the east of
4 pA + , stated that she is a supporter of 1htA but us in
ob)action to the location at the new park!Al lot bee+se
Shettools therldis a visibility problem t!,St will result
R6COk%1hNDAIIONI As. Spivey stated that staff recommends
r appror+ o IAU witn the Iollowlnl ccadItiona:
1. A parking lot containing thlrty (10) additional
Ark- 1n$ spaces shall be constructed, in accordance vttn
City specifications, along the north property 11no of
the property, as shown in Exhibit "8", within one (1)
year of the effective date of this ordinance.
t'ti y 1. A permanently malhtafhed Solid wood tenoe, of a mini-
r) y, mum height of its feet (61), shall be erected along t'+
'f` ifs the north property line prior to akin! use of the hew
R ra ~,tl arking lot required In paragraph 1,
a 7. po detached signs, other than an athletic field score-
board, shall be peraltted on the property.
4^r ,4ri,, t<''i kithlh one (1} year of the effect ire date of this dads-
'Ir~E'%'i',*5 r 11+11C0, twenty percent (LDt) Of the "D goal tlp
shown in ExAIO t "8", shall be landscaped, Prior,to AS
'
iris talIin any landscaping, a landfca la
Fa t W
the location of the landscaping shall begsubmittedwtog i
the building Ufflclal.
Mr. Holt asknr It there if a safety problem in regards t0
the current location of the parxing Iut. Ms. Spivey sts•
fc` , ted that it is not the best location to terms of rlslbil•
ity but media the requirements of separation In regards to
curb cuts ano corder clearances, She said that It is not
W' W1~''' 9 hesardous in staff's opinion.
Ml, Brock asked It there were other
local falls , options for parking r, hf. Spivey stated that a rarkibg lotcould beot
ga"f,,• ' ' ~`•r: put at the location of the existing curb cut with a left
r " = Farad turn Into It on the frontage of Riney load, Ms, Brock
,err' asked about locating parking to the right of the existing
lot, Ms. Spivey stated that trill Is another possibility,
trj.i.x J. Mr, Claiborne Asked if there were any plans to address the
Issue of parking on Riney Rosd and possibly banning park-
Inaon Riney load. Ms. SDDIvey stated that there is a pos•
nr r sl llicy of testrictlal the western side of Riftey Road but
the issue would have to be processed through the Citffens t'
} Traffic Safety COUfrsloA by petition of landowners in the
Area. She said that it Riney Road is impproved to its full
potential the road could Aandle the trsftit plus the
Ms, Brock diked if the Engineering Department could do a
study of this Area, ks, Spivey said yes but mainly this
Is done by petition of cancerned landowners in the at,
+'y'~h.' + Y9 to the city, ks, bratA asked about a time limit on the
ear ar'n, specllic use permit. Its, Spivey stated that Ralf eonffd• f `tai
'
L r'' I
t
6 Z Minutes
Yage t
December 1vY7
Bred a time limit but and addltIona I tscilIties would to-
quire an amendment to the site plan and would have to go
through public hearings,
hr. Claiborne asked if the additionji parkin would be
adequate, 145. Spivey stated that toning ordinance parking
requirements do not cover this type of laclllty, formulas
provided by the parks Uepartaent would require more park- j
ldg than is shown on the site plan.
A 1
his, Brock stated that there is a total of 86, his, Spivey .
said yea.
S
Mr. Holt asked it the parking lot could be enter ed. Mr, i'
,I
r, Morris said the Commission Could recommend an antargemer,t,
hr, Claiborne asked if the two parking lots could be tied
together. MS. Spivey said that Staff would check to gee +
i it met separation vequirements, the staff would prefer as
few curb cuts as po.osiole, Mr. Claiborne tiled about the
distance between curb cuts. Oil. Spivey said SU feet,
Ms. Brock asked how many feet between the two curb cuts on
i1 this plan. Ms. Spivey said approximately !uo-M feet,
i
BbBU11AD: hr, Byrne stated that ■ 1
parking lot on Riney
oa would iapatr two lalltields. He added that he be•
lieves the parking will be adequate,
Ms, Brock stated that two balltlelds are restricted now ey
al .`x~k the parking lot, hr, byrne stated that either way they go p
two balltlelds will be affected, A
K,
Chair declared the public hearing closed,
h+' ~ 0LC 131Uh: hr. Nilt stated that he did not know of any k
other p ace for tre irking lot and feel it should stay
' but more spaces should be added,
'4 1'r 't Ms, Brock stated that she is concerned about the fentin
f,isra'r :r, d; .a requirement In regards to vlslbility, g
a,
r" 1 Mr, Molt stated that he could gee the point of having a
fence but most wood fences are an eyesore. He asked shout
IT +,5,'i , the purpose of the fence. Ms, Spivey said for screening
;s + of hoist, light, litter and the parking lot, ,
hr, Holt moved to recommend approval of S-110 with the
conditions stated by staff with the exception that tAe
fence only extend for the length of the parking lot and 96
parking spares be provided instead of 5u, Seconded by his,
`
Brock,
' n hr, Claiborne asked about a natural screening device such
it shrubs instead of a solid wood fence. ,
y s; Mr, Holt stated that he thougnt this Was a bitter Idea.
hr, Claiborne stated that condition N should be ektended ;
A,,ar~t to two years so that more money could be spent on the
children
,
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P 6 2 hinutcl t
Page S
ueceaber 2, 19117
hr. han C a aiol de wooQen to amend the motion to fay that rather
t
e fence that a
living s
cre i
be erected along northern property line andcandltlonl#4
read within two years of effective date of ordinance.
Seconded by Mr. Glesscock,
Ms, Spivey asked about the additional parking spaces and
' where they would be located. hr, Holt said tj extend the
new parking lot to the west.
Mr, Claiborne staled that parklnj probler should be con-
k.E veyed to the 6"f SC and City Council, Mr. Ellison stated
that Mr, Salmon would bring this matter to the attention r '
of the Engineering uepartnent,
a Mr. Holt asked how to address the kind of shrubsi
e~ 'Claiborne stated that the living screen shouldft Into ,
the landscaping
11 plan. Carson stated that the parks
i and Recreation Department has recommendations od shrubery
r"}~Y a 7 And screening devices.
1 E
Ms, Brock stated that the condition could state shrubs
C
r that provide adequate screening,
r' Mf, Carson stated that the wording could say a solid liv•,
ing screen that would obtat a mi nlmda height of fix feet,
w~. Vote was called dm the amendment and motion was unanlaously {
`r;r~, 11n af` carried (S-Q),
1' S e
l~,txX V{1~i !,1 r,. 4
vote was called on original motion As amended and motion }l,'
was unanimously carried (S•0) "
,y l
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At. Ellison stated that this etitlon Would be aeard by
the City Council on beceabc^ , 1987, t.w
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2117E/
1
NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC
USE PERMIT FOR A YMCA FACILITY, AS SAID P~nHMIT APPLIES TO 845
ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF WINDSOR DRIVE
AND RINEY ROAD REPEALING THE SPECIFIC USa
PERMIT GRANTED BY
ORDINANCE NO. 84-95; PROVIDING FOR A PE IN THE
f
,
a. AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOFiNALTY
AND PROVIDING MAXIMUM
' EFFECTIVE DATE. FOR AN.
rr
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i.
SECTION 1. That Ordinance No. 84-95
, approved August 7,
1984, grant ng a specific use permit for all or part of the
property herein described, is repealed,
SECTION II, That, pursuant to article 10 of Appendix
B-Zon n96 the Code of Ordinances, a specific use
YMCA facility is granted for the permit for a
northwest corner of Windsor Drive and property Road arse is at the
tY~ particularly described in Exhibit •A•
more
incorporated herein by reference. attached hereto and t,
i
SECTION III. That the property shall be developed, used, and
F`i{ f main a ne n accordance with the site plan shown in Exhibit
Yr9 f attached hereto and in
corporated herein by reference, '
k specific use permit shall be subject to the following conditionmhe
s+ k11. A parking lot containing fifty additional
parking
spaces shall be constructed, in accordance with Cltt
k y{ specifications, along the north
Pr
property, as shown In Exhibit "B within one s of th•
*A^ * -i a effective date of this ordinance, Year of
2. A permanently maintained solid living screen, of a
r minimum h=a of six foot, shall be erected along
the north ry of the parking lot prloc to making
q' use of the new parking lot required in paragraph 1.
3, No detached signs, other than a athletic field score-
board, shall be permitter on the property,
4. Within two years of the eC ,ective date of this
ordi- nance, twenty percent of the "randscape Area" as
shown in Exhibit "B", shall be ?.ndscaped, prior to
r installing any landscaping, a landscaping plan
showing the location of the landscaping shall be
submitted to the Building Official.
tr,~Yl t+ III J'
ado SECTION IV,, The Zoning Map of the City of Denton, Texas,
p the 1 t day of January, 1969, as an Appendix to the Code
l } -
M
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of ordinances of the City of Denton, Texas under Ordinance 'do.
69-11 as amended, is hereby amended to show such change in
District Classification and Use,
i;
SECTION V. That the City Council of the City of Denton,
Texas, Hereby finds that such change is in accordance with a
comprehensive plan for the purpose of promoting the general
t welfare of the City of Denton, Texas, and with reasonable t
consideration, among other things for the character of the
district and for its peculiar suitability for particular uses,
and with a view to conserving the value of the buildings, pro-
tecting human lives, and encouraging the most appropriate uses of E
land for the maximum benefit to the city of Denton, Texas, and
its citizens.
SECTION VI. Any person who shall violate a provision of this
#k't+ R;¢ ordinance, or fails to conply therewith or with any of the
requirements thereof, or oL a permit or certificate issued there-
undero shall be guilty of a misdemeanor punishable by a fine not
a' € exceeding Two Thousand Dollars ;$20000.00). 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 cedi-
y+r , nance is committed, or continued, and upon conviction of any such
violations such persons shall be punished within the limits above.
iM~ )H„d1~ GeF ~rY
fr,t ~ t. SECTION Vii. That this ordinance shall become effective
°~isa ,r 'r fourteen (lit) days from the date of its passage, and the City
~~}1'~r tir) ` S4cretary 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 tan
(16) days of the date of its passage.
PASSED AND APPROVED this the day of , 1967.
J r, I
RAY STEPHENS# MAYOR' ;
I
YA Y 4t
ti ATTEST:
Y 4 r
JENNIFER WALTERS# CITY SECRETARY
APPROVED AS TO LEOAL FORM! s
DEBRA ADAMI DRAYOVITCH CITY ATTORNEY
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EXHIBIT "A"
1 '
STATE OF TEXAS XX
COUNTY OF DENTON XX
WHEREAS, THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN
DALLAS 1S THE OWNER OF AN 8.5291 ACRE TRACT IN THE N.H.
MEISENHEINER SURVEY, ABSTRACT NO. 810, CITY OF DENTON AND COUNTY
OF DENTON, TEXAS, AND BEING ALL OF A CERTAIN (CALLED) 8.520 ACRE
I TRACT AS DESCRIBED IN A DEED FROM THE BARWORTH CORPORATION TO THE
YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN DALLAS ON THE
26TH DAY OF OCTOBER 1984 RECORDED IN VOLUME 1537, PAGE 136, REAL
PROPERTY RECORDS OF SAID COUNTY, AND BEING MORE FULLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHERN SOUTHEAST CORNER OF SAID 8,590 ACRE
TRACT WHICH IS AN INNER ELL CORNER OF A 0.092 ACRE TRACT
DESCRIBED IN A DEED TO THE CITY OF DENTON FOR STREET PURPOSES AND
E RECORDED IN VOLUME 1163 PAGE 216 DEED RECORDS, OEN70N COUNTY,
TEXAS;
{
THENCE NORTH 89 DEGREES 01 MINUTES AND 00 SECONDS WEST A DISTANCE
OF 144,23 FEET IN WINDSOR DRIVE TO THE WESTERN NORTHWEST CORNER
;OF SAID 0.092 ACRE TRACT; ~
THENCE NORTH 34 DEGREES 50 MINUTES AND 55 SECONDS WEST WITH THE
1 f
A EAST BOUNDARY LINE OF A TRACT DESCRIBED IN A GEED TO THE CITY OF
DENTON AND RECORDED IN VOLUME 697 PAGE 207, DEED RECORDS, A
DISTANCE OF 1038,65 FEET TO AN IRON PIN;
Vir 1+s{.. THENCE SOUTH 88 DEGREES 45 MINUTES AND 30 SECONDS EAST A DISTANCE
OF 741.47 FEET TO AN IRON PIN IN RINEY ROAD; j
THENCE SOUTH 00 DEGREES 12 MINUTES AND 43 SECONDS EAST IN RINEY
ROAD A DISTANCE OF 809.31 FEET TO A CORNER ON THE HOST NORTHERLY
.
a.Rr; BOUNDARY LINE OF SAID 0.042 ACRE CITY OF DENTON TRACT;
1HE'ICE NORTH 89 DEGREES 55 MINUTES ANO 15 SECONDS WEST A DIST,"CE
OF 6.50 FEET TO AN IRON PIN AT TH£ NORTHERN NORTHWEST CORNE= Of j
ie SAIO 0.092 ACRE TRACT;
THENCE SOUTH 00 DEGREES 10 MINUTES AND 42 SECONDS WEST A DISTANCE
OF 29.43 FEET TO THE POINT-OF-BEGINNING AND CONTAINING IN ALL
8. S921 ACRES OF LAND.
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EXHIBIT "B"
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5•
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
M,. FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
' WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
Rent, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
3* = services as shown in the "Bid Proposals" submitted therefor; and
. 9t
s3rJ, WHEREAS, the City Council has provided in tho City Budget for
the appropriation of funds to be used for the purchase of the
kr4y`" ■eterials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
S
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
TF J!
A is
SECTION I+ That the numbered items in the following numbered
bids` forrials, equipment, supplies, or services, shown in
the "Bid Proposals" attached hereto, ere hereby accepted and
approved as being the lowest responsible bids for such itemsi
BID ITEM
k NUMBER NO. VENDOR AMOUNT
[[jf u
J' \ Yf al Y'.
9
799 CJt1on D _ General Safety Equipment Corp. SSl5.610.00
9799 112 1, 13,114 fiational Waeger 2$,111.14
9799 1-4,!-10 12,13,16-20,22,25-33,37-39,41,42,43-64,
P
72-73,79 and tO CASCO SS0S3S.00
Y , i Rx:
C 3'. if y1 .j
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SECTION II. That by the acceptance and approval of the above
numbered tems 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 III, That should the City and persons submitting
approve an accepted items and of the submitted bids wish to
A enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorized to execute
the written contract which shall be attached hereto;
that the written contract Is in accordance with the rterms,
conditions, specifications, standards, quantities and specified
sums contained in the Bid Proposal and related bid documents
herein approved and accepted.
A
SECTION IV, That by the acceptance and approval of the above
numbere tems of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become
Imme a e y upon
.:,r tr w effective
Its passage and approval.
PASSED AND APPROVED this 8 day of DECEMBER
1987.
R V i r. ..ill\V
ATTEST: CITY OF DENTON, TEXAS
~r
R `
,t- CITY OF DBNTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
1 CITY OF DENTON, TEXAS
a'
BY1
v PAGE Two
v
9-
17
DATE: December 8, 1987
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BIDE 9799 - 1500 GPM PUMPER FIRE TRUCK
f
RECOMIENDATION: We recommend this bid be awarded to General Safety Equipment
c Corporation to furnish these fire trucks at $171,870.00 each. The three trucks total
i $515,610.00. See attached memo for scheduled deliveries.
We also recommend the additional equipment be awarded as follows: National Draeger
- Items 112, 113, I lh for a total of $28,111.44 and Casco - Items 1-4, 8-100 12, 13,
16-209 22, 25-331 35, 37-39, 410 42, 45-64, 72-75, 79, 80 for a total of $53,555.00. All
u gms will not be awarded.
This bid was sent to several suppliers of fire equipment and fire
truck builders. We received one bid on the fire truck and feel that the bid was
competitive and a good bid. The optional equipment received mono bids.
M ~
Yr «
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r 1; ~ Bid Tabulation Sheets
Memorandum from John Cook
PROM M, DEPARTMENTS OR GROUPS AFFECTED:
S M y« t F A r, yy a , 4'~I
k The Fire Department and the ability to utilize the needed
equipment effectively. I'
FISCAL11VACT: There 1s no additional impact on the General Fund at present. k
Respec ully submitted:.
,
.r r
ay, "0
Ll d V. Harrell
City Manager
. ]Lujf 1S C
T.
Prepared bys
Y µi 1I t ~
tFy J 1 ~ ~t
♦ it I
a obb J. Marshall,
I'll Agent
b ,tr
Appravedt
xi r 1
yr~yk r .+S C, , ars , . • • h"
1 Purchusl6g Agent r"
s~ fit
1,,~yC ,owM1k~'^'""'""" ..r+,r aty,11AN9+wYw511tiiMHl3lQ+~o^.~7.13$v`%.'iY.ANk.Ar~T.i'+5~.i.Y+Nw+.v.:......« .~y
,
y „
4 I MEMO 87-062
v T03 Mr. John Marshall, Purchasing Agent
FROM: J. L. Cook, Jr., Fire Chief /h
DATE: 1 December, 1987
. w
RE: Award of Hid No. 9799
X I would like to submit the following recommendutions concerning
the award of the items contained in Bid No. 9799.
1. 1600 GPM Pumping Engine: I would recommend that we so-
V~`x dept the bid from General Safety for three (3) identical
{ units. The first of which to be delivered within 180 l
days of the receipt of the order, and the remaining two
to be delivered within 360 days of the receipt of the `
•s order. • fWhile they were the only bidder, they are certainly '
qualified to build the specified units. All the major
suppliers of apparatus are capable of building similar
unite and were given equal opportunity to bid. They ob-
viously declined. Our bid is unique in that it was r i
oemmeroial chassis. A similar "esustom" fire apparatus
chassis would add between I U,000.00 to 120,000.00 to
n, the price of each unit, We do not hive enough money to
purchase such a unit, Therefore, we would have to buy
apt less of a truck by taking off many of the options con-
44°d,` e3, twined in the specifications. This would be unfortunate
and rebult in a much lose desirable vehicle.. If we are forced to rebid, there will be a costly time
~r delay, We need these vehicles as soon as possible to
shore-up our aging fleet.
r"'a 2. Radios - No award - Items #110 and 111.
3, 8CBA - Items #112, 11:+, and 114 - Award to National '
+Draeger at 128,111,44. Reason - lowest bid meet-
h'
ar ' ing specifioation,
4. Remaining Equipment - N2 award - Items 16, 61 71 11, 141
161 21, 23, 24, 401 43, 861 70,
a ,yn , 71, 81, thru 109,
6, Remaining Equipment - Award to Casco - Items 1-4, 8-101
Ova
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120 13, 16-20, 22, 25-331 35, 371
38, 39, 411 421 46-64, 72-76, 79,
and 80. However, reduce quanti-
ties ordered to: II . ,r
t~f Item Quantity Price
~ A, 1 - 3000' - $17,400.
2 - 150' - 10050.
Yr r# j 3 761 _ 705.
aa1 rw~: 4 _ 30 685.
_ 3 _ 211604
Fr° ;
37
Lr 60 1 - 650.
M' ' f 1 74 10650.
al s Should you have any questions, please do not hesitate to contact
Thank you for your assistance in this most important of mat-
tore,
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T rANT 11 i r a'.
~ ; , f 6~ f~A `:M1Al ata.P, ['.ro ~~-Q ~1r~n R ~Q
A/DITIW1IIl t/U1MWT ~i/T • ~I • Cl~1
fie.
1 iJs *eti it ,//r# Mood
1//tti/llao lid
i, on wit
t4s
+ytt .!!M?tt- t1~M1 hosso mellsntlxa a r` '
Ii6N' I/ ft. lten~ /!on (~311n- ti`s
' eeWl(ntf,.
tnaitllf NiAw, Irolvwethan• _ L OA eg
47 2
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'i~7.r.}l+ .-++urw~ anw.,.wwww++nnr.- ~ - 1 1
AN !'i M 4 , ,t ~f r r 'y a s ~ ~ , ^ro
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lIl ADD1TIl1NAL ISUIPMW LIST (continued) (Y~~~~rY°L
Lim pY/Dililt a4/L[inilgo ltd f 4'
Iined 27 ft. sections Stors
Couplings
♦ ~11Q0~'
4 E• lnapt!!s home, PoiyuretMm
lined, IS ft. *ectione Stars
couplings
UNA&_ ' I VP hose, Snaptite Dura-Light, --w-~
9t..oo`~'
lat 1 eYca~nedlal~NITT caupllnuas. 50
ft. sections. color( yellow
_lYl.iL 7 1120 hell, SnaPtite Dura-Light. -
ppolyurethane lined, or equal, Sss'(°Q b<¢oe
R V26 Scandla MIT, IS ft. s*c-
ltond i
7 -.titlP_ii. Is forestry hose weeping type I'
NIT Seandis esup;ingr, SS it. sec- ~~ettf= $aS4-O
tions, National N-Dora, or equal
Mctten Sli Wailes and Adaptors
• ,.:3_.__ Mixon 1723P 1 7140 oletol-grip as-SS
hoaaIas, W2" gpm and flush
Akron 2734 fog neasls Pyrolite
t!p i playpips JU-260 Ype and ~'qyQ° 41to~
flush Akron 1Tti4 Master stream rMale, I ti.o
34 3I0-I0P goo and flush - (;~h ^ (oar
it .
Akron M2 1/ ft. 1 I/2• sop!!- of~r~ 4hoeP
eater with 1043 A ,ead and 24e1
i nivy resale ,
7 1 In' NOT pieretn0 r+ gZpm
K s applleilor 1 1124 k 3' X•
!i _ fnkrsn S3P 2 112' easier peaals (~?44 5g5 -
tie
F{ " "14 WON 40 Stacked UP i I/2', r_ t♦ SSA M
1 3/4'.f. 26 tio#j;Z All NIT base '34
is Akron 40 2 107' w 2 113a Dig- ~w~_ 2♦ w
.charge pipe, 2 1124 "ST ban Sr1S 3014^
r. ~ r
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IX, ADOITIOIML IOUIPMENT Lily Icontinuedl
am I
x6{79° ~~yp'
li 6 Akron 1391 plaYpipe with ♦17 10
tip, 2 1120 HIT swivel base
17 _x- .Akron 1391 playpipa with 417
~QDO`'
1 t/I• tlp$ 2 112• Noy swivel
bass
_ IS M Akron 1921, 2 1/2' lite hY- Q9yo~ vlgCf~
drant valve
17 L-. Akron 1242 3-way clasper siwaa
2 t/2• n 1 112' feule pIT f IV, 1'~a
2 1120 NIT Dale W
Akron 1491 2 020 w 1 1/20 a' ,,ktcn
1 1120 Oat*d Irre - HIT »
% 21»~ Akron 2700 Reek ipa, 34 water-
r "Y, 3' flange, 1121 NOT dia- woco-
s Charge X35`;
}3' w 3---, Akron 1911 9S /PW, l 1/2• foam
rt . Educter, I UP MGT thread lbgt~
' 23 Ldu let, 9241-2592? w1 foam lc1 SQ-° 1119
r. _
Akron i30, 2 9120 s0 degree et-
few, ehro" }
AkroA 33i 2 I/2• double cafe,
e a t pyrolite. d~'f ^ I iidQ°
Akron 3" 101124 d"Is sale,
y "pvrelIte YI6L° 3lo'e
" d' 27 11 Akron 3362 Me dw-ble fwi•, $y4°-
r. pyrollta,
'r +efiw Aron $0 1 tr2' daWla female,
a1 !1.- . • Akibh'3i7 2 !/2• ■ 1 I/2• INT
r.: radJeeri pyrolite 1 WE
Akron U7'1 024 k 10 NIT ram
ducerI' pyrolite
1 '4 Y A`4q 49 1
44174/
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I1t. AMIyIO1ML EQUIPMENT LIST tccnttnuedl 00
Iixd• 9wotltli DnaLGILlto slid 1
31 , - Akron ON hose clamp with mount- jrors 53S`~
In0 bracket
3gs~
32 mow- Akron 003 home hoist a1(h-2
.-1n--- Akron 70 hoes strap ~o~g ~iya
34 s Elkhart 2" Ives cant 01 with
Ming bracket
Elkhart 47/ st+&mWthydrent wrench
holder with spanners and wench 389 34e~
36 w tlkhert 00 bate heok ud~ Ifi~
37 M the FOMN Of ft.
i0 NET/30 at 04 Store 'by 64 tx± ' a$eDV
key Intaks, repel wive
µy~ Sneyllte FSA 00 ft.
20 NOTI 'i• e1 00 Otora by
2 1/24 NaT female adapter 1
39 A Onaptltr 1" 00 ft. 40 MST
l ; 04 Store to 4 112' WT female
v owi Vol
t
ly} ' N ~naPlllO FEM9iN17NSt Manifold OE
Y Valve 33{5~-°~tj0
41 S~ Yl' PN 00 04 Stare blind caps
r
with
1 r"1 '4Z r:,L. l.i p'7FN-1 spanner wenches
folders
' Snapkllr FW 10 Or ft. ON WIT136
0/00' Stare] by 04 NOT intake ((<OCR
} y poll 64'valva (NO
44,
Nt
r,'~ ',>irrl~an si Iirr Oml~lriyulaMrs i
l)Or-'ft rlns 2 112 gallons
$ , pue► typo fire Ratinputsher
~+d i` s s 2 i~: .llan p'bsrurlaad wise, td1Q° ,
OenIwap or s4w1 li 3~=
00
rLA ~ ~ it
b jar . r
1 `~.~~'r fb Psi
1 r `fP ~ I r r':
t r l l 4 r l 1 _ £7r 1
i d 1 11 Y' 4 7•-r 1
r: I ! M1 !
zz rr 3
+a 1 r ~ tro 1
5~`~~s~ pr v} yt ' i i ~ j ' .l r ~'~'r E • L4
1Hkil~~.S'e;N { :alt r.! ~kr?
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IY, ! AMIT100ML tgU1PMD/T L19T Icontlnuedl SQVo c1~GO 1^~
utl OwSttLY QCeCC1Cl;LCq aid 'i
47 }20-lb ADC Dry chemical, g.heral NO
(~r£'
or equal
4r s---- 210-lb CO2, general or equal
Decd on, 41 tither mots
49 c . 4 Plat head aae, wood handle,
4-1b minimum .
tM 11 pick head awe, weed handle,
6-lb aintew
51 S Fire 5' wood handle,
V.C. Carley 0114, or equal
Ila s. III-lb %lodge h&a~o wooden
handle 4`t'
57 7 ~idn n~ paint shovel$ 27• b~tip GQa
r
f4 D-ring square paint, 27" wooden bOQ+
l handle Shovel 6d,
Cdeop-Shovel, D-rlne handle
square point WMvel, 460 wooden a
handle 6 644
- foes ff
0,' a Raund point shave$# 406 Wooden ~in 66~
handls
d r.. flberglae - ►'0 12'
r r FaMl.e -w--'. 8 Ip"~'
A-rit handle closet hook 4-Igge
hMdl* = fibwglu !gn-
h
' Rrvl Yatr Mtviggee Maetdr Motor
Vas w1d Ewpet teel - 1 complete
a
` 61,. circle 5 - 15d portable flood ..w_
'light (yi'n' Qo
Wwrde N25 electhtc chord reel
~`wllh 2" it, I017 wire with 1mail
Y-way! Idwle twist - look plug
-e1
11tyi)S'I yK~ t~4{ Ah A r ~y„
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iI. ANITIONAL EGUIPPIM LIST tcontinuedl n(~4 -rc m CAD
,
UN OWNLUX 224CCWLOG lid
13 a Edwards MI electric chard real
with iw ft. IV3 wire with LID"= tom
3-wayo Nagle twist - lock plug g
M 3 toper vac sacks electors-SPIMU
electric ik" with ewplosion proof
motor with door handle, and hang- yftw!1~=~ (~'10~
Ing straps
Npar vac smoke elector-492445E,
electric 24" with emplosion tl?,0= hLo~
proof motor
STIML T1 0la MR Rescue saw
zA with tarry ease It rescue Mt
f f ,Tl 4,L~ L /TITS. OM MEOW woad bosh
Hategen loot -its"
3 "v1IIAK Ajax air haver rescue -„.e 8SS
Mfl~ complete EtT
73 y _ ASIS Aiockhawk Rescue Kit 4ROM ` ettot*
a ;7S .~.y-.-- ~ IIC Pxlar~ N]IMCM iA• Mayy-
" duly bait tutted ab'lq°
v
t.^ ri g 0
duty 141 m I#P Dandry h-no GnVps
t p° O.D.,saiwpa covert with Mavy - 4d~~ 8ss~
yro"a, or aquas
If>', M R'Iitt floor runners; red 3e
r rA vihyl
dS t 02
1 J t t j+'
c n~ 4 d n~ ° ~t t ~ b V .
k
T F r ail
1 f
a~
y
1 'n
,Ik Amrl01& k0UIPMNr L1er leontinuedl
Lim ` &MLiY stesscukt~n Eli
•i weber «130t, Craftsaan .am So -
or equal
si fpueagNr t140 r 2 1/2' Nee-
prone btede, 34" curved with
• ft. wooden handle
moo Industrial two with re-
plaaeable head ► •.--4*n handle
'
N 3 Push brow, tiaeatic M72-300
or equal
11 3 household broom, wueaM handle 36~n
Has bucket
t , rtq ` + Laiaeatte sk-1 wheel chocks b
t Mounting bracket■ 3i~° 1654°
~C
%
- - - - - - - - - - - - - - - - -
Y
f OM ail) cedpfete phyeltl control
ti r Llfd Pair s
f , 21 Ibrillaler, O""S Nd 8~~
31 One 111 battery support Wit"
13
t ~ 1 1
i
' Y J~Iy.. r.,.,.,~ ~ w...w~.w~~j4111M1M1.1~.....+.-.. ~ ...-w.._.w.w.'.""••'r.'.` - ~ 'B y,°
A`! .I
Fy#~" I$ rt Yip ~ •4 " a:. . t.
~Yx ~ $t ty tlY . 1 , n
B B r. n ~ I +~I" B
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IYR AODITIWR: , JUIPM04T LIST tcontinuedl
1!r ~luulltY ia9alg>;L9a ild ~.a1~F,j h 1. a~• -~At'+'~{';'O LAac~llbl►.~.1: ai~
SW INN7-12
11 Two 121 ImV interface cable
coapatible with Motorola ArCOR,
12 watt _
51 Ono 411 accessory bog #906444-00
61 One Ill battery discharger
tIrN3~T-r/
71 One III met oa pediatric defl-
brlllator paddle adaptors
0900419-M
III Two (2) seta of patient cables
CT-10419-r2
104' wig- T%-n i0"Ifr, or equal l1ek Q'
Irl ~..,1-.. Dyna-Mod CY"IN, or equal
rackboard
lp Laerdal Aesuecitatbr Kit Adult A b>3t'-
YO"24, Child V09722 c 6l V1°
III 1I-A ilsrlre 111 Reeuacitetor
with eng Ili emirs bottle.
/lym Ia9-AL-9R lho
'tY r -
r" rI• lp ' , y 0yna=lMd 9Yi4445,, Atrwy kit nu
Irs ] t7hseda rartabl• ruction VI72H
A. rtandard u+ener for Chesds lyaS`=
r17"9
;'1111 .r 1.-_ pyne-Med 0YU7N0 ►rKturo kit (!'?C9=
S
(at7 ..l .f~iw IMr1 trKl1M e/1fAt, CCpletii
;al " s IC>tr eklriaatlah device - S9i"S
NatieA 11 Aadie Equipment ((I pS`CR'
1ir Metdrbla &Wtnet rynter tow -.rte. ~Sb~al1.
i faibild ailiel 286 r byetWib
ei+►/1K~/a4 Wddel Dyo"ic re- r ~~~a
1 4r Sroupinrl jepaskgH IhterfKet
( R`' r C Me t antral ( David Clark Mad-eat
J; fiR S4
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rji • • 1,
ArxlL~
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•
S; i n 7 .t~,, . r r 1~
Y'7"~,; fpA Ty" i a, ra
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eonklnusd)
M, AOOITiOWL igUIPMENT LIST 1
" da
ua Rlidatitlt bactialLea Bid
One ill Motorola, 17-watt AMM,
Coronary Observation Radio, cos- -----~6bb4°
pl•t• with the following acces-
sorlrsl
1) One ill NLN 41NN battery
0 One i1) NLN 4671 dub top
tharger
.'r . 31 One i11 NW 6738 charger to
' radio cable
41 One 111 (no Mown number)
' charger to battery cable
lr• ° 51 One ill roof top antenna of 1
proper specifications to
match the APM then used -
from inside the module
'81 Mtttan 7l self-Contained breathing Apparatus j `s^
~ l 9! ll t141't~ Sw, Loa
sill ~ r 3-min. pooltiy protaure type
-pressure bCbA's a lets 1 ,;165 a! M 4m
U oA
thout toss or loco piece X41 QA 11'11S.Sl.~A
w to to have an anatomically I~+1t4.14
w" ohmW back plato and Iight~ `
Nolght flberolas wapp•d alum- !f
NA cylinders.
2s1.... rpus cylinders for. above. - I a t: l194,s°
31 s 3 m b a,~'aa
26 Face pieces for bbow-to be tndl-
' r' vidually sired to Inwr• proper rr 19a~s'
lf~'~. + 'and adequate fit, '.All face pieces ,,spa- 3Saa,~~1
to ba adaptable foradio communt- '
w~ cation• and be capable of Intor-
* facing with a Motorola 1Tll Marine! . !-44 q'7,'11 aA 93ce•A 1 laJ' oA
sM ohs pa*tabl• radio. Come wIca-
a il~~ • !lone device to be Of ppuush-twtalk p \
o0aw Ian., bid shall lncl%W 131 y~•^s`31 Qa~1° re... aP.K cam CVVA
Such commuAicati•As units, to 3 ro~ lo`= 4Sba°b 16Sr~t°
~)`s w43 aYtimM! *hall hay lha option to purchase additional untie
j~ td fare Pelee ;'f`SO 6 Alm Iwo O# ninety M dayr after the
1 ill the eriotMl bid. '
1 ,
' `'&!!11d !1l dives 1dN11 -tarnioh Witten documentation that units
Allow ilY illth~+I~+I!!ie 64 bbid. 1 urAi~to,do Be
shat) 46hitltuts iob"Isto re action of the bid.
{C w «
113
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III* yMCITIONAL NUIYMS)1T LIST teantinuedl vd. NPj r +v ~'0
21 Successful bidder shall provide adequate training In 1
the use of their units.
31 tech bidder shall list all approved and certified re-
pair facilities In the State of Tomas and shall fur-
nish a list of at least five 161 locaticns that the
wits bid are currently in-servtco.
41 EULSCS lS-Rdi bidder say also bid as an alternate ■ •1
trade-in on 1151 2.2 and 111 4.5 Scott SCSA's along Saco seal.
with 32 opera 2.2 cylinders and 511 4.5 spar■ cylin-
ders.
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Total Sidi Auxiliary Equipments w
~ 1711 ti aJ -
a to addition to any and all equipment Included in body of
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DATES 12/006/87
CITY COUNCIL REPORT FORMAT ✓ ,
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
.It SUBJECT: ADOPTION OF ORDINANCE AND SERVICE PLAN INSTITUTING ANNEXATION OF
APPROXIMATELY 587.3035 ACRES OF LAND BEING PART OF THE J. CLAYTON
SURVEY, ABSTRACT NO. 221s J. LAMAR SURVEY, ABSTRACT NO. 7546 AND
M. MCBRIDE SURVEY, ABSTRACT NO. 804 (A-51)
y=. r
rl, RECOMMENDATION:
The Planning and Boning Commission, at its meeting of December 2,
19870 recommended annexation of a 100 foot strip from the pre-
existing city limits line for a distance of three (3) miles, by
a vote of 5-0.
tr4 r
f
SUMMARYt
The City Council may continue with the schedule of this annexation I
while the legal description is being revised to reflect the
reduction in the width of the annexation. The statues require that
the annexation process be completed within 90 days of Instituting
the annexation. An amendment may be made by a four-fifths (4/5)
Vote of the Council prior to final approval of the annexation. If
t' this annexation is not continued, the whole process including public ~rsx
hearings and public notice would be required. 4^^
This annexation will continue the plan of the City of Denton to ISM
roteet water quality and to ensure that development in the area
of Lake Ray Roberts is consistent with City of Denton Subdivision
and Land Development Regulations. The waterway between Lake Ray
` Roberts and Lake Lewisville is extremely important and the City is
v
interested in preserving the waterway and encouraging development
y 7~"f that is consistent with this goal.
f•,~' BACKOROUNDs
The staff prepared a petition for the property owners to sign it
they were interested involuntary annexation. The staff suggested a
„ lOD foot strip be annexed within the boundaries of this annexation
and following the center line of the Elm Fork of the Trinity River,
t r~~».,{{ All property owners within the three milea from the existing City
• limits may be included in the annexation. E
,y
The City of Denton has annexed property in this area on twc
preYiocs ocaetons. A 175 acre strip was annexed in 1981 From
U413. Highway 380 north approximately 5,000 feet. In 1985, a ,
114 sere strip was annexed to continue the city limits toward
{
Lek Ray Roberts.
c " y4 }v ~ PROORAMSI. DFPARTMENTS OR OROWS AFIECTEDs
Seventeen property owners have requested voluntary annexation.
All departments involved in the development process and those
departments v o provide public services,
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FISCAL IMPACT:
The impact analysis indicates that fire protection will be the most
costly service for the City to provide immediately. Maintenance of
the right-of-ways will be necessary, !
~v Res tfull su ted:
+wY Prepared by:
. Harrell l
t (A b L d V Ci y Manager
Z
w , Cecile Carson
` Urban Planner
Approvedi
son
Acting Director for
~z
+a Planning and Development
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F~N t$ y} h M1 :tYt 't'~~i
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1994L
NO.
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 S87-303S ACRES OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING
PART OF THE J. CLAYTON SURVEY, ABSTRACT NO. 221, J. LAMAR SURVEY,
ABSTRACT NO. 7S4, AND M. MCBRIDE SURVEY, ABSTRACT NO. 8049 DENTON
COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT
PROPERTY; 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
Ff WHEREAS, an opportunity Jr. as afforded, at a public hearing held
for that purpose on the 3day of ovorrA Art, , 1987 in the
Council Chambers for alr- T-nTerested persons to state their views
and present evidence bearing upon the annexation provided by this
ord!n
ante; and ,
WHEREAS, an opportunity was afforded, at a public hearing hekd"
for that purpose on the 17b day of m A* , 1987 in the.
` i Council Chambers for all Interested persons to state their views
and present evidence bearing upon the annexation provided by this
ordinance; and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Denton, Texas,
t± prior to its effective date, and after the public hearings;
NOWT THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
Ly
SECTION I. That the tract of land described in said Exhibit
"A" - e, an he same is hereby annexed to the City of Denton,
air f Texas, and the same is made hereby a part of said City and the
,f land and the present and future inhabitants thereof shall be
entitled to all the rights and privileges of other citizens of
s said City and shall be bound by the acts and ordinances of said
n, a City now in effect or which may hereafter be enacted and the
pr,oparty , situated therein shall be subject to and shall bear its r'>
prorata part of the taxes levied by the City,
SECTION II The f
property described in Exhibit „An is hereby
clis ss e Fas Agrlcultural "A" District and shall so appoar on the
Af~tyy~ , official toning map of the Clty, of Denton, Texas, which nap is
hereby amended sect
-rd
ingly,
SECTION III. Should any -section or part of this ordinance be
held u'~ co stltutlanat, Illegal or invalid, or the application E
thereof ineffective or inapplicable as to any t6rritory, such
' A•il/PACE ONE
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unconstitutionality, illegality, invalidity or ineffectiveness of
such section or part shill 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 be its purpose to annex to the
City of Denton every part of the area described in said Exhibit
~s
"A" of this ordinance, regardless of whether any other part of
such described area is hereby effectively annexed to the City, y'
x' Prcvided 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 within the limits of the City
of Denton, or which are presently part of and included within the
Units of any other City, Town or Village, or which are not within f
< o tha City of Denton'surisdlction to annex, the same is hereby
<<, ~'excluded and excepted from the territory to be hereby annexed as
fully as if such excluded and excepted area were expressly !
t, described herein.
~r SECTION 1V. This ordinance shall be effective immediately r
upon s"3~ passage. ;
Introduced before the City Council on the day of ,
1987.
PASSED AND APPROVED by the City Council on the day of
s~. w . ? ~ a1., ~ , 19 8 7 L
RAY r g 4
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORABY
BY,
1 A°51/PAGE Twos
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..N P r~r _ » ......ws
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EXHIBIT "All
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, Clayton survey, Abstract No. 211, J. Lamar survey, Abstract
No. 754, M. McBride survey, Abstract No. bo4, and more fully
described as follows:
BEGINNING at the southeast corner of a tract of land described in a
deed to Richard W. Ragsdale, at al from Frank N. Martino, at al I
dated October 2, 1975 and recorded in Volume 759, Page 871? of the
D.R.U,C.T., said point also lying in the middle of a char.,,el of Elm Ili
Fork of the Trinity River, said point also lying in the south
boundary line of said J. Clayton survey;
THENLE north 870 41' loll west along the south boundary line of
said Ragsdale tract and the south boundary line of said survey, i
j passing the northeast corner of the tract described in Ordinance l
/ XXXXX of the present city limits and continuing fora total distance
oF~fTi00.82 feet to a point ying 4,469.42 feet east of the southwest
corner of said Ragsdale tract, and in the present city limits line
for corner;
THENCE north, passing at 725.0 feet, more or less, the centerline of
said Elm Fork channel, said centerline being an east boundary line
of said Ragsdale tract, same being a west boundary line of tht
14 Second 'tract of land described in a deed to W.D. Hodges at al from
George W. Lowther at al dated January 14, 1942 and recorded in.
Volume 295, Page 182 of the G.R,L.C.T., passing at 1,350.U feet, }
more or less, said center line of Llm Fork, same being the north
~~,s.,! 3,,I# boundary line of said Second 'bract, same being the south boundary
line of said Ragsdale tract a distance of 2,029,0 feet to a point
for corner;
THENCE north 330 34' 21" west a distance of 2,380.0 feet to a
point lying in the north boundary line of said Ragsdale tract, said
point lyit,p 2,67S.0 feet, more or less, east of the northwest corner
of said Ragsdale tract, some being the south boundary line of a
tract described in a deed Lo S M f, R, from Michael C. Ramos, Trustee
dated March 9, 1977 and recorded in Volume 82S, Page 937 of the
D,R.D.C.T, for corner;
THENCE north 870 21' loll west along the north boundary line of the
said Ragsdale tract, same being the south bounder line of said
k a
n ~ / r ?Y V "
5 M 4 R tract a distance of 834.66 feet to a point for corner;
~Y q
THENCE north 00 32' 35" east, passing at 2,400 feet, more or less,
the north boundary line of said 5 M 5 R tract, said point lying
W18uU,0 feet east of the northwest corner of said S M 4 R tract, same
"`Y,~ ,,U being the south boundary line of a tract described in a deed to
f+ Oliver A. Fields from Sid Ford e't al dated May 3, 1937 and recorded ;
in Volume 265, pa a 364 of the L,R.b.C.T., a distance of 3,442,33
feet to a point lying in the center line of r,M. 428 for corner;
A•S1 f
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Page 2
7HENCh north 2uo 3U" east, passing at 607.66 feet,
the north boundary more cr less
line of said Fields tract, said point being 1,97
feet east of the northwest corner of said Fields tract, same being
the south boundary line of Tract o described in a deed to R. H.
Venable from Ms. Comette Woodrum et al dated October 16, 1959 and
recorded in Volume 45U, Page 6S5 of the I,A,L,C.T, said point also
lying in the north boundary line of said J. Clayton survey, and the
south boundary line of said J. Lamar survey, continuing for a total
distance of 2,726.19 feet to a point lying in the north boundary
line of said Venable Tract o, said point lying 2,119.6b feet east of
the northwest corner of said Tract 6, same being the south boundary
line of Tract 3, described in said deed to R. H. Venable for corner,
said point also lying in the north boundary line of said J. Lamar
survey and the south boundary line of said M. Mcbride survey;
THENCE north 510 171 01" east a distance of 310 2.19 feet to a
I point lying in the north boundary line of said Tract 3, said point
lying 3,970,6 feet west of the northwest comer of said Tract 3,
same being the south boundary line of a tract described in a deed to
Perman 0. Smith from Charlie May Maddin dated May 6, 1955 and
1 recorded in Volume 4U9, Page 452 of the D.R,b,C.T. for corner;
THENCE north Zb0 S7' S211 east a distance of 1,433,49 feet to a
point lying in the north boundary lin,3 of said Smith tract, said
'j, point lying 4,620.0 feet east of the northwest corner of said tract,
44 same being the south boundary line of a tract described in a deed to
Eagle Farms, Inc, from John W. Porter dated July 190 1979 and
recorded in Volume 963, Page 734 of the D.k,D.C,T, for corner,,
THENCE north 80 30' west, passing at 3,397.U8 feet, more or less,
E~ the north boundary line of said Eagle Farms tract, said point lying
a 6S1.65 feet east of a north angle corner of said tract, same being
the south boundary line of a tract described in a deed to Clyde As
Q Blakeley, Jr. at al from Charles D. Hall dated January 10, 1966 and
recorded In Volume 533, Page 434 of the D,k.D.C.I., said point also
lying in the center of an east-west county road known as McKinney
bridge kd., continuing for a total distance of 4,330.04 feet to a +
point in the north boundary line of said Blakeley tract, said point
^"t lying 1,040.0 feet east of the northwest corner of said tract, same
ra being the south boundary line of a tract described in a dead to.
Bobby G. McDowell et al from Daniel H, Evans et al dated December 11
r ' 1977 and recorded in Volume 875, Page 783 of the D,k.D,C.T., said
Iii: point also lying in the north boundary line of the McBride survey
and the south boundary line of the Tan:y survey for corner;
THENCE south 890 130 east along said boundary and survey lines a
distance of 249,05 feet to the northeast corner of said Slakeley '
tract, same being the northwest corner of a tract described in a
deed to E. L. hughes et al from Scenic Joint Venture dated Uecember I
r,1 vR,.fi 309 1986 and recorded in Volume 2,062, Page 311 of the D.k.D,C.T.;
THENCE south 890 06' 2011 east continuing along said survey lines
and along the north boundary line of said Hughes tract a distance of
967,18 feet to a point for corner; }
A-51
i
Page 3
THENCE south 80 3u' east, passing 850.0 feet, more or less, the
center line of said McKinney Bridge kd, continuing and passing at
2,700.0 feet, a)re or less, the south boundary line of said E. L.
Hughes tract, paid point 1)•ing 2SU.U feet west of the southeast
corner of said tract, same being the north boundary line of a tract
described in a deed to b. M. Mahoney et al from aniel M. Mahoney
Realtors, Inc. dated January 30, 1981 and recorded in Volume 1,053,
Page 6U3 of the G. k.G.C.7., continuing and passing at 3,325,0 feet,
more or less, the center line of Elm Fork, same being a west
boundary line of said Mahoney tract, and the east boundary line of
said Eagle Farms, Ins. tract, continuing and passing at 4,075.0
feet, more or less, said center line of Elm Fork, same being an east
boundary line of said Eagle Farms, Inc, tract, and the west boundary
line of said h;ahoney tract, continuing and passing at 4,800 feet,
more or less, the south boundary line of said D. M. Mahoney tract,
same being the north boundary line of a tract described in a deed to
0. 0. Beaty et al from L. A. Beaty et al dated March 3U, 1950 and
recorded in Volume 357, Page 6U6 of the and continuing
for a total distance of 5,081.14 feet to a point for corner;
r
THENCE south 200 32' 3U" west, passing at 90U.0 feet, more or
less, -'ne south boundary line of said Beaty tract, said point lying i
2,365.0 feet, more or less, west of the southeast corner of said
tract, same being the north boundary line of a tract described in a ;
Ali
4 deed to Charlcie H. Town.eon from Reuben Cagle, Jr. dated January 13,
1986 and recorded in Volume 1,801, Yale 202 of the D.K.D.C.T., and
continuing for a total distance 1,563.54 feet to a point for corner;
}~~~',tLJ THENCE south 760 02' 30" west a distance of 1,291.72 feet to a
point being the northerly southwest corner of the remainder tract of
r{,•r said Townson tract, same being the northwest corner of a tract
described in a deed to the Veteran's Land Board of Texas from Patsy i
Johnson Administratrix of the estate of Roy Miller Cagle, deceased,
said po~nt also lying in the east boundary line of 35.043 acre tract
described in a deed to Radford A. Fuller et aI from Reuben Cagle,
Jr., guardian of the Person and Estate of Nennie M. Cagle dated
December 24, 1975 and recorded in Volume 768, Page 973 of the
• D.R.D.C.T., for corner;
1 t'~ THENCE south 40 28' west along the west boundary line of said j'Veteran's tract, same being the east boundary line
of said 3S.U43
~r acre Fuller tract, passing at 434.4 feet the southwest corner of
said Veteran's tract, same being the northwest corner of a 5.5+93 s
acre` tract described in a deed to Radford A. Fuller et al from Roy
i. Cagle dated April 40 1966 and recorded in Volume $36, Page 363 of
' the D.k.D.C.T. and continuing for a total distance of 11138.40 feet ' L" it
+ %i''i to a point same being the southwest corner of said 5.993 acre Fuller
tract, and a inner ell corner of said 3S.043 acre Fuller tract, said
~i. point also lying in the south boundary line of said M. Mcbride
survey, and the north boundary line of said J. Lamar survey, for !
corner; t
, k J4
'i THENCE south 880 31' 50" east along the south boundary line of
said 5.993 acre Fuller tract, same being the southerly north
boundary line of said 3S,U43 acre Fuller tract, and said survey
lines a distance of 3U.0 feet to a point for corner; !
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Page 4
i
I THENCE sout,; 00 14' west along the east boundary line of said
35.043 acre Fuller tract a distance of 135.U8 feet to a point, same
being the southeast corner of said 35,043 acre Fuller tract and
being the nortl east corner of a 52.0 acre tract described in a' deed
19SSGlaenndLre.cSperdncederVfolruommeCynthia
Page n 0Bond 7 of thesGik.li.CafLefor April
corner;
THENCE north 880 31' So" west along the south boundary line of
said 35.043 acre Fuller tract, same being the north boundary line of
said 52,0 acre Spencer tract a distance 1,250.U feet to a point for
corner;
THENCE south 310 48' 16" west, passing 19185.0 feet, more or less,
the south boundary line of said 52.0 acre Spencer tract, said point
lying 29096.71 feet, more or less, west of the southeast corner of
said tract, same being the north boundary line of a 7.157 acre tract
described in a deed to Olen L, Spencer at al from Roy T. Spencer
dated November 1, 1977 and recorded In Volume 868, Page 869 of the
U,k.U.C.T., continuing and passing at 19300.71 feet the south
boundary line of said 7,157 acre Spencer tract, said point lying
21152,62 feet, more or less, west of the southeast corner of said i
tract, same being the north boundary line of a 37,5 acre tract I
described in a deed to Olen L. Spencer at al from Nennie Mae Cagle
F~ "r a dated November 17, 1952 and recorded in Volume 384, Page 52 of the
F D R,D.C,T,, continuing and
passing at 2,171.91 feet, more or less,
the south boundary line of said 37,S acre Spencer tract, same being
the north boundary line of a tract described in a deed to Bill Lynch
from Ira E. Parker dated November 29, 109 #k,l ~ and record d 990, Page 305 of the D.R.L.C.T a in )
more
or less, west of the northeast scorneriof lying 2,lb0.0 feet, more
y continuing for a total distance of 2,907,04 feeatdtoLanp tract, and
the south boundary line of said Lynch tract, same being the in
n in
orth
right-of-vay of said F.N. 428 for corner;
THENCE south U0 321 35" west, hr,ssing at 100 feet, more or less
the south right-of-way line of Bald F,M. 428, same being the north
{ ~'p boundary line of a tract described in a deed to Perry Lee Barthold
at aI from C. F, Adcock at al dated January 24, 1974 and recorded in
> Volume 872, Page 41S of the D.R.D.C.T. continuing for a total
distance of 2,056,0 feet to a
point lying in the south boundary line
of sold Barthold tract, said point lying 1,150 feet west of the
southeast corner of said tratt, same being the north boundary line
~r# I, of the First Tract described in a deed to W. D, Hooges at al from
George W, Lowther dated January 14, 1942 and recorded in Volume 205,
z Page 182 of the D,R,D.C,T, for corner,
as THENCE south 330 341 21" east, passing at 2,791,63 feet, more or
less, south boundary line of said First Tract said point being
10750 feet west of the southeast corner of said First Tract, sane
1t. being the north boundary line of second Tract described in a deed to
" W, U, Hodges at al from George W, Lowther dated January 14, 1942 and
k recorded in Volume 295, Page 182 of the U,k.D, l, and continuing
for a total distance of 3,586,6 feat to a point forcorneri
s"e, ,va
THENCE south a distance of 2,371,06 feet to the Point of Beginning,
w; and containing S87.303S acres of land more or less.
iYYY,x~ A-S!
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PLAN OF SMILE FOR ANNEXED AREA, CITI OF LENTUN TEXAS
1, Basic Service Plan
A. Police
Patrolling, radio responses to calls, and other routine
' police services, using present personnel and equipment, '
will be provided on the effective date of annexation.
r
B. Fire 3
l .M1 ,
e Fire protection by the present personnel and equipment of
the Eire fighting force, will be provided on the effective
'
41
date of annexation,
i' C. Water/Wastewater
I
Maintenance of public water and wastewater facilities will "
begin within sixty (60) days after the effective date of f
the annexation for all facilities required to be maintained
hr1 yl by the City of Denton.
~tiA3~ l~lh
Refuse Collection '
7 The same regular refuse collection service now provided
,within the City will be extended to the annexed area within j+
tf sixty (6U) days after the effective date of annexation.
>E. 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
„a fli18 present ' i
City, will begin In the annexed area on the effective
date of annexation.
E'
" a 3. Reconstruction and resurfacing of streets, installation
of storq drainage facilities, construction of curb$
l r'
and,
gutters, and other such major improvements, as the need
therefore is determined by the governing body, will be
accomplished under the established p#)licies of the Clty.
p"rK9 ,i, 4. Traffic signets, traffic signs, street markings, and
other traffic control devices will be installed as the
Al .f Jl P t•A i
need therefore is established by appropriate study and.
traffic' standards. „
F. Inspection Services
M1~R 'P4 rya rl, ,
' Any Inspection services now provided by the City (building,
electrical, plumbing gas, housing sanitation, etc.) will
begin in the annexation arra on the effective date of
'h annexation.
~ F . I'3 ~ . wwv«MWi~rMikikANN'r+earrr ".,+,w'•''^nM1~11M
,
J ,fin t~ nu, i r
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9;
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Service Plan
Y' Annexed Area
Page 2
G. Planning and Zcning
;R The planning and zoning jurisdiction of the City will
"Mt extend to the annexed area on the effective date of
annexation. city planning will thereafter encompass
the annexed area and a zoning designation for the
property will be established,
"y H. Street Lighting
Street lighting will be installed in the substantially
sa c#' developed areas in accordance with the established
h policies of the City.
Recreation
kesldents of the annexed area may use all existing 1
recreational facilities, parks, etc., on the effective l
date of annexation. The same standards and policies now E`E
used in the present City will be followed in expanding the f r
recreational program and facilities in the enlarged City.
aj J. electric Distribution
The City recommends the use of City of Denton for new `
electric power.
h Miscellaneous
Street name signs where needed will be installed within
approximately six (6) months after the effective date of
annexation. ,
ik s 11 , Capital Improvements Program (CIP)
The CIY of the City is prioritized by such
5;w a¢'"~ ~ asr policy guldvlines
A. Demand for services as compared to other areas based
~
7k~, partly on density of population, magnitude of
,r
Ya... problems Sp,~ ,a eompaced to other areas, established technical standards
'IT and professional studies, and natural or technical re,
stra nts or opportunities.
B. Impact on the balanced growth policy of the Lity,
C, Impact on overall City economics,
The annexed area will he considered for C1P in the upcoming
P plan. The annexation area will be judged according to
the some established criterij as all other areas of the City,
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ANNEXATION SCHELULE
s A-51
I Y ~
October 1U, 1987 City Council sets date, time and
place for public hearings
October 13, 1987 Notice published in Denton Record
Chronicle for first public hearing
November 03, 1487 City Council - first public hearing
November Ub, 1987 Notice published in Denton Record
Chronicle for second public hearing
' November 17, 1987 City Council - second public hearing I
i/.Uecember 02, 1997 Planning and Zoning Commission makes`
recommendation
December 081 1987 City Council institutes annexation
ci r ' ; c December 13, 1987 Publication of ordinance in Denton 4+ x
Record Chronicle
January ly, 1988 Final action by City Council
e' (Note:` Last possible date for final action Mrch S. 1988)
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December 2, 1567
0. A-Si. Proposed annexation of approxlmately 547,3U3S
acres of land being part of the J. Clayton Survey,
Abstract No. 121; J. Lamar Survey, Abstract No. 7S4t
and 4. McBride Survey, Abstract No, bUe.
STAF'Eli, EPUkT: Ms. Carson stated this is annexation of
It e or of the Trinity gfveY. She said originally
the eouncll requested shat surf prepare annexation field
s notes for two separate parcels. One a three and one-half
at le tract approximately l,uvu feet In width at its nor-
rowe:t point to our ETJ limit, and then a tuo mile annexa-
tion Ero■ the three and one•nalf miles to the dam of Lake
Ray Roberts. our in` the process f public hearings, the
staff expialned to trte Council thoat the new state legisla-
tlon requires a city to annex a 1,900 foot strip and in
this case any harrower strip must be at the request of a
property owner. She said that tiler: were a cumber of prop-
erty owners that did appear in opposition to A•Sl and A-54
and during that process Mr, frank Martino agreed to lead art
effort to cont.ct the pproperty owners and encourage them to
do a voluntary anneastton of a 1UU loot strip along the his
t fork of the Trinity River. Tile Council's intent is to ton -
trot water quality in this area and to 00 so by snneximg
y e, the river all the way to tae dam; hoverer, the fe`gistatioil
x only permits the city to annex art area less than t,000 feet
a distance of three miles from their preexisting city lim•
It line, The City Council, at its last public hearing, ac•
cepted petitions by the property owners in the area for a
luo foot voluntary annexation. This would limit the city {
,l to a three mile standard at this point and belipning melt
r_ year, based on the fall slatIarl the city could be la the
annexation process to the lake. A 52 was diftontnued.
i Field notes are being prepared for the IUU foot seriQ an
y nexation. Staff recommends approval of A-S1 at the 100
foot width.
y Mr. holt asked if this annexation was related to the ;3 ra
l ' greenbelt and Parks Department. Ms. Carson stated that
Y` the concept of the greenbelt has not been approved by the
s-. Corps of Engineers which would be required bstore any ad-
ditiomIf acquisition could be done. She $814 that the
Utility Department has requested the Council to consld:r
4
the annexation because of ester quality issues,
Mr, Ellison stated that the greenbelt is still a viable
option for the city.
µ owl
' r( Mr. Glasscock asked if the city would maintain the arts
oV ' within the 100 feet if annexed. he. Carson stated that
the city would not maintain private property but if deal- >ss
ry, Ty> cited as floodway epsemeri then yes, Tho'elty will si
:k7 sure a intenance responsibility where pportioal of file
~ , vl r annexation cross FM US in regard to the $lopes on eitber
side of the road,
Mr. Hems stated that the requirements from the tmviromemtal
r `ti r Protection Agency and Texas hater puslity, are becomibg mote I
reco:iendailon~nitorfng weer and requeseIs a fayorablr k
r uF, ° r
7 ' DECISLONI Mr, Glasscock mooed to recommend op [oval of
• A-31' S A 100 foot strip for a distant: of 3 allies from
fi t the city limits, Seconded by Ms, Stock and action l l•
mously carried (S-0),
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CITY COUNCIL REPORT FORMAT DATE: /112/0088j/87
TO: Mayor and Members of the City Council
FROM. Lloyd Y. Harrell, City Manager
SUBJECT: ADOPTION OF ORDINANCE FOR OAK-HICKORY HISTORIC DISTRICT E
' RECOl97BNDATI0N:
The Planning and Zoning Commission approved this Item on October 15,
1986 and January 18, 1987. The City Council approved this item on
~I November 4, 1986 and February 17, 1987.
SUMMARY'
M1
_ The Oak-Hickory Historic District containing 23.7 acres Includes
property on the north side of Hickory Street from Welch on the west
to Williams Street on the east, property on the south side of Oak I
Streot from Welch to Williams, property on the north side of Oak
a Street from Fulton Street to Williams Street, property on the east E
side of Des* on Street from Oak to Pearl Street, and three lots at
+ s the southeast corner of Pearl and Denton Streets.
. ~ ` r7 ~CKGROUND: ,
'}t j" This area contains the City's greatest concentration of
architecturally and historically significant structures. Silk
Stocking Row, as the area was known, was the residence of many of '
Denton's early political and social leaders. j '
~+t~s " + ~ @ROCRAMs DE~ARTMENrs oR ceo io ; "
9 AFFECTED• ~
>s Property owners within the Oak-Hickory Historic District must obtain ±
a certificate of appropriateness from the Historic Landmark +
t`" ~y <K Commission for any additions or exterior alterations visible from a
`f ar 4 public lk'ay.
There is no impact on the general fund.
r S•: p
Res tfull su ted:
r ,41 :.i Prepared by:
E
L d v. Harre 1
' 'i• Denise Spfveyx C y Manager
o Urban Planner
Approved:
i ' &y
' .t David 611lsoa r
F
Acting Director for
14
Planning and Development
1890j/1
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NO.
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AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-19 AS AMENDED, AS
SAID MAP APPLIES TO 23.7 ACRES OF LAND, AS IS MORE PARTICULARLY
DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF AN HISTORIC
DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 28A OF
APPENDIX B-ZONING OF THE CODE OF ORDINANCES; SAID DISTRICT TO BE
KNOWN AS THE OAK-HICKORY HISTORIC DISTRICT; PROVIDING FOR A tt
r+ PENALTY IN THE MAXIMUM AMOUNT OF $29000.00 FOR VIOLATIONS THERE-
OF; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in accordance with the provisions of Article 28A of
Appendix B-Zoning of the Code of Ordinances, the Historic Land-
mark Commission, after preparing it report thereon, including a
&z ' district preservation plan, has recommended the creation of the
Oak-Hickory Historic District for the area therein described; and
WHEREAS, on October 15, I986, the Planning and Zoning
Commission, after receiving the report and recommendation of the
Historic Landmark Commission, held a public hearing thereon, and
recommended creation of the proposed historic district for the
area therein described; and
WHEREAS, on November 41 19860 the City Council, after
receiving the report and recommendation of the Historic Landmark '
tFd Commission and Planning and Zoning Commission, held a public
hearing on the creation of the proposed historic district for the
area therein described; and
WHEREAS, after receiving the report and recommendation of the
Historic Landmark Commission to include additional properties
Within the proposed district, the Planning and Zoning Commission,
on January 18, 1987' held a public hearing thereon, and recom-
mended approval of the additional properties within the proposed
district; and
" WHEREAS, after receiving the report and recommendation of the
Historic Landmark Commission and the Planning and Zoning Commis-
'ry`j '`W• lion to include additional properties within the proposed
district, the City Council, on February 17, 1987, held a public
w hearing thereon; NOW, THEREFORE,
Irr
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the 23.37 acres of land described in Exhibit
' "A" a M-cFe-T hereto and incorporated herein by reference, are
designated as an historic district in accordance with the
provisions of Article 28A of Appendix B-Zoning of the Code of 1
. ~,;,,{.~•,N~l` :Ordinances.
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SECTION II. That the historic district herein created shall
be known as fTe Oak-Hickory Historic District.
SECTION III. That all buildings, structures, sites, and
propert es w t n the designated District shall be subject to the
-lii
restrictions, limitations, and provisions of Article 28•A of E
Appendix B-Zoning of the Code of Ordinances.
SECTION IV. That the Zoning Map of the City of Denton, Texas,
adopte t e 14 th day of January, 1969s as an Appendix to the Code
of Ordinances of the City of Denton, Texas, under ordinance No.
69-10 as amended, is hereby further amended to show the property
herein described as an historic district, by showing thereon the
r r• suffix "H" for such district designation, whit!, designation shall
be in addition to any other toning classificarl.;n designated for
said property as shown thereon.
SECTION V. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
under, shall be guilty of a misdemeanor punishable by a fine not
exceeding Two Thousand Dollars ($2,000.00). Each such person
shall be deemed Ruilty of a separate offense for each and every
,,c q day or portion thereof during which any violation of this ordi-
nance is committed, or continued, and upon conviction of any such
"h violations such person shall be punished vithin the limits above.
SECTION Via That this ordinance shall become effective
fourteen ay$ from the date of its passage, and the City I
Secretary is hereby directed to cause the caption of this
6rdinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
wt Y` nY'iz :~d~; (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 1987,
!{1m c:F• i - i
N ,
RAY STEPHENSl MAYOR
r ,r
ATTEST:
ILI
.
-SECRETARY
JENNIFER „w"r' rr t CITY
APPROVED AS TO LEGAL FORM:
DEBRA ADAM] DRAYOVITCH, CITY ATTORNEY
BY: VVI^
t.r
w EXHIBIT "'All
COLEMAN & ASSOCs SURVEYING
412 S. CARROLL BLVD. • P.O. BOX 686 • DENTON, TEXAS 7n202~686 • (817)566Q15
DESCRIPTION OF THE PROPOSED DENTON HISTORICAL DISTRICT
FIELD NOTES to all that certain tract of land situated in the E. Puchalski
„ Survey Abstract Number 996 and the William Neill Survey Abstract Number
971 in the City and County of Denton, Texas and being parts of the W. H.
Mounts Addition, the Carroll Park Addition and the MCKennon Addition plus
other lands bounded on the South by West Hickory Street, on the East by
f Williams Street, on the West by Welch Street and on the North by Gregg and
Pearl Streets; the subject tract being more particularly described as y'
follower
Y j
BEGINNING for the Northwest Corner of the tract being described herein at >
the Northwest Corner of Lot 4 of the W. H. Mounts Addition as shown on the
plat thereof recorded in Volume 35 Page 383 of the Deed Records of Denton
County, Texas and being in the monumented South line of Gregg Street -
rl (formerly Mounts Avenue) at its intersection with the East line of Fulton `
Stt a tl the said point also being the Northwest Corner of that certain
tract of land described in the Deed from George M. Hopkins to Delta Sigma
Phi Fraternity recorded in Volume 816 Page 394 of the Deed Records of
s'ti y °1 Denton County, Texas;
`r 4v THENCE South 89 Degrees 16 Hinutes 06 Seconds East with the North line of
the said Mounts Addition and the monumented South line of the said Gregg
i Street a distance of 503.03 feet to an iron rod found at the Northwest
Corner of that certain tract of land described in the Deed from Dale Irlin
to Marton F. DeShaso recorded in Volume 616 Page 655 of the Deed Records s',=
of Denton County, Texas;
THENCE South 00 Degrees 36 Minutes 28 Seconds East with the West line of
the NSha:o Tract a distance of 77.34 feet to an iron rod found at the
Southwest Corner thereof; f'
0.F• /
`hr`s THENCE South 88 Degrees 01 Minutes 05 Seconds East with the South line of
the.DeSha:o Tract passing its Southeast Corner and continuing along the
rk ya r some coursao in all, a total distance of 129.83 feet to an iron rod found
at the Southeast Corner of that certain tract of land described in the
Deed from R. Jack Price et ux to Donald R. Vrana at ux recorded in Volume
$40 Page 380 of the Deed Records of Denton Couotq, Texas;
THENCE North 00 Degrees 25 Minutes 26 Seconds East with the East line of
n the said Vrana Tract and the apparent East line of the said Puchalski
Survey, sane being the West line of the said Neill Survey, a distance of ,
79.10 feet to an found "X" in concrete for the Northeast Corner of the
said Vrana Tract in the monumented South 11ne of Gregg Streetl
THENCE South 89 Degrees 08 Minutes 25 Seconds East continuing with the
±r., monumented South line of Gregg Street a distance of 165.24 feet to an iron E
rod found at the Northwest Corner of the called 5th Tract described in the C
Deed from Harry T. Riney to Harry Riney Enterprises, Inc. recorded in
a Volume 1054 Page 308 of the Real Property Records of Denton County, Texasl E
1
•
1 ~L•
s
page 2
THENCE South 00 Degrees 36 Minutes 48 Seconds West with the West line of
the Riney Tract a distance of 34.40 feet to the Southwest Corner thereof;
THENCE South 89 Degrees 04 Minutes 31 Seconds East with the South line of
the Riney Tract a distance of 86.1 feet to the Southeast Corner thereof in i
the monumented West line of Mounts Avenue;
THENCE North 00 Degrees 36 Mtnutus 48 Seconds East with the West line of
` Mounts Avenue and the East line of the said Riney Tract a distance of
54.49 feet to the Northeast Corner thereof in the moaumented South line of
the said Gregg Street;
THENCE South 89 Degrees 15 Minutes 47 Seconds East with a line crossing
s
' Mounts Avenue sad continuing along the South line of Gregg Street,
crossing Denton Street, in all, a total distance of 440.05 Het to a point
Vol-
in the monumented East line thereof and the apparent West line of that
certain tract of land described in the Deed from Celia Sankey at uz to E
Alonzo W. Jamison, Jr, recorded in Volume 352 Page 209 of the Deed Records !
4r r. of Denton County, Texas;
Y THENCE North 00 Degrees 15 Minutes 29 Seconds crest with the sonumented
East line of Denton Street a distance of 312.98 feet to a point for the
Northwest Corner of Lot 10 of Block 1 Carroll Park Addition as shown on
the plat thereof recorded in Volume 75 Page 170 of the Deed Records of
Denton County, Texas; I
` THENCE South 88 Degrees 59 tlinutes 34 Seconds East with the the monumented !
A+3xJA 'rr North' line of the said Block 1 and the South line of Pearl Street a
distance of 238,75 feet to an iron rod found at the Northeast Corner of ` y
that certain tract of land descrtbed in the Deed from Louise M. Maxwell to
James F. Hayes recorded in Volume 981 Page 428 of the. Real Property
Records of Denton County, Texas, and being 30.0 feet East of the Northwest
Corner of Lot b of Carroll Pack Addition;
THENCE South 00 Degrees 44 Minutes 30 Seconds West with the East line of
the 1H.yas Tract a distance of 175.22 feet to an iron rod found at the
Southeast Cotner thereof; °
THENCE North 89 Degrees 28 Minutes 48 Seconds West with the South line of
p: the Hayes Tract a distance of 31.67 feet to a 4 Inch steel fence corner
post at the Northeast Corner of that certain tract of land described in
the Deed from James A. Barton et ux to Brandy Lee Stein at ux recorded in
to, << Volume 917 Page 697 of the Real Property Records of Denton County, Texas;
• THENCE South 01 Degrees 19 Minutes 44 Seconds West with the apparent East
line of the Stein Tract at 105 feet more or leas
passing its Southeast
Y ps,`~, r Corner and the Northeast Corner of that certain tract of land described in
the Deed from Charles S. Barton at ux to James D. Swenson at ux recorded
in Volume 907 Page 773 of the Real Property Records of Denton County, Texas and continuing along the bald course with the Feet line of the said
r t`~',rp f r: Swanson Tract, in all, a total distance of 333.95 feet to an iron rod
¢ found at the Southeast Corner thereof in the monumented North line of West
~fA Oak Street;
r
page 3
THENCE South 15 Degrees 15 Minutes 00 Seconds West crossing West Oak
Street a distance of 57.85 feet to the Northeast Corner of that certain
tract of land described in the Deed from Willis E. Wilkerson at al to
Linda Lavender recorded in Volume 957 Page 794 of the Real Property
Records of Denton County, Texas, the said Foiot also being the apparent
Northwest Corner of Lot 2 of the Mc Kennon Addition as shown on the plat `
thereof recorded in Volume J Page 438 of the Deed Records of Denton f
County, Texas=
THENCE South 01 Degrees 01 Minutes 14 Seconds West with the East line of
the Lavender Tract a distance of 161.36 feet to an iron rod found at the
Southeast Corner thereof and the apparent Northwest Corner of that certain
tract of land described in the Deed from Mack Hannah to Sally Hannah Mudd
at ux recorded in Volume 620 Page 607 of the Deed Records of Denton
County, Texas= i
r
THENCE South 89 Degrees 14 Minutes 01 Seconds East crossing Lot 2 with the
South line of the Lavender Tract a distance of 113.00 feet to the
1 Southeast Corner thereof in Williams Streets
Yak
THENCE South 00 Degrees 26 Minutes 37 Seconds West along Wiliiama Street
with the Zest line of the said Mudd Tract a distance of 159.65 feet to the
Southeast Corner of the said Lot 2 in the monumented North line of West
'ry f` Hickory Street{
THENCE North 89 Degrees 19 Minutes 01 Seconds West with the Noce line of li?
West Hickory Street and the South line of the said Mc Kennon Addition a
kr•. c distance of 1017.04 feet to the Southwest Corner thereof In the West line
r
of the said Wis. Neill Survey, same being the East line of the said
Puchalski Survey;
} B
THENCE North 89 Degrees 01 Minutes 50 Seconds West continuing with the
North line of Hickory Street is monumented a distance of 922.35 feet to t
the Southwest Corner of that certain tract of land described in the Deed
} from Felix W. Callahan to Bob E. Tripp recorded in Volume 1711 Page 467 of
the Real Property records, said corner being In the apparent East line of
Welch Street;
THENCE North 00 Degrees 34 Minutes 14 Se¢onus West along the East lime of
Welch Street with the West line of the Tripp Tract a distance of 321.67
feat to the Northwest Corner thereof in the monumented South line of West
F r Oak Streetl
'!'HENCE South 89 Degrees 18 Minutes 41 Seconds East along the South line of
West Oak Street and the North line of the said Tripp Tract, at 170.0 feet
passing the Northeast Corner thereof and continuing along the same course,
in all a total distance of 205.00 feet to a point for a re-entrant corner
of the herein described tract;
'r;r'
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4
Page 4
THENCE North 00 Degrees 36 Minutes 44 Seconds East with a line crossing
Vest Oak Street, at 60.3 feet passing an iron rod found at the Southwest
! Corner of the above mentioned Lot 4 of the said Mounts Addition and
continuing along the some course with the Vast line of the amid lot and
the East line of Fulton Street, in all, a total distance of 253.41 feet to
the PLACE OF BEGINNING and enclosing 23.37 acres of land, 1
+ These Field Notes were prepared from a survey made on the
ground under my
direction and supervision during July, 1987.
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` 7. as N. Coleman, R.P.S. No. 8001 Date
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478
City council minutes
February 17, 1987
Page 3
Dr. Paul Cobell received the proclamation and tnanked the Council
for its support.
1. The Cuurcil Considered approval of the minutes Of the
regular meeting of October 7, 1986 and January 1967.
Aiddlesperger motion, Chew second to approve the minutar. Motion
carried unanimously,
y'
2, Public Heartngs
S V A. The Council considered approval of a petition of the
r I City of Denton Historic Landmark Commission requesting that the
property located a, 903 Hest Oak Street be added to the Oak-Hickory
Historic District. The property Was further described as a tract in
the E. Puchalsti survey, Abstract 996, and was located on the south
e ` side of West Oak Street approximately 100 feet west of Mounts Street.
The mayor opened the public hearing.
1 handall Boyd, Historic Landmark Commission, stated that this ass a
reconsideration of tnis structure. It should have been lncluoed in
i the Historic District, Including this property made cis~n
boundaries to the uistclct.
e a ~'r
No one spoke In opposition.
s~ the mayor c:osed the public hearing. ~II1
Denise Spivey, Urban Planner, stated that at the time the Hist-ric t
District was approved, this property vas excluded. Tnts pcestl'efd a
%
problem in that one of the criteria of a historical district gas
it r that it should oe contiguous and uniform in structure. based oh
that fact and in order to have the district certified by the 3` S
Nationml Trust, this property should oe included in the district.
McAdams motion, Hopkins to approve the request. Motion waled l
unanimously.
r~
d 'L 4 B. The Council considered approval of s petition of the rE!
City of Denton Historic Landmark Commission requesting that the
{4?~~z " + a property located &E 918 West Oak Street oe added to the Oak-Hickory ra
Historic District, The property was further described as a tract in
the E, PuchaIski Survey, Abstract 996, and was located on the north
side of heat Oak Street approximately $00 [see oast of Mounts Street,
~+i r.f~lr I The Mayor opened the public hearing,
r~ ry I Randall Boyd, Historic Landmark Commtsslon, spoke in favor of the
yw a? petition. He stated that the same Conditions applied to tnis
h petition as the first one presented. Tne Commission was requesting r,
VU''„ ? I that the Council include this property in the Historic District in
y ! order to make the lines contiguous and inclusive,
Y}i ~~3 No one spoke in opposition.
The Mayor closed the puollc hearing. '
Denise Spivey, Urban Planner, stated that this
proper excluded from the Historic District as had previous ,
property, The property met all conditions to be Includedin tho E'.
Historic District and both the Historic Landmark Commission and the
planning and Foning Commission recommended approval for inclusion in
the Historic District.
kr`, McAdams motion, Hopkins second to approve the petition, Motion
y~ Marti 7' carried unanimously.
,
'
r i
t y.
W
1 7 -7
Hi nut es
fff Planning and Zoning Commission
January 28, 1987
The regular meeting of the Planning and Zoning Commission of the
Cityy of Denton, Texas was held on Wednesday, Januaryy 21, 1987, at
5:00 p.m., in the Council Chamber of tAa MLniclpal Building,
Present; Euline Brock, Bill Claiborne Ruby Cole, R. B. Escue, Jr.,
Ivan Glasscock, Judd Holt onA William Aamaan
r ) Absent: None
i
Present from Staff: Denise Spivey, Urban Planner; Cecile Carson,
Urban Planner; Joe Morr, s, Assistant Cityy Attorney; Dave
3r',n a Ham, Dire".tor of Water/Wastewater Utilltias; Jerryy Clark,
< < = " City Engineer; Ray Runfield, Civil Engineer; MartAa
Davldsor, Planning Technician; and Susan Mitchell,
a ,Tti: > Secretary
y spy Chairman Bill Claiborne called the meeting to order,
b' 1. MINUTES
A. It was moved by Ms. Brock, seconded by Ms. Cole and
'v unanimously carried (1.0) to approve the minutes of the
regular meeting of the Planning and Zoning Commission held I
on January 14, 1917.
`
B. It was
roved by Me. Cole seconded by Mr. Escue ar.d
4
¢`Ft~ ah unanimously carried (7.0j
to approve the minutes of the
joint meeting of the Public Uttli N es Joard and the
Planning and Zoning Commission held on January 14, 1987. > g
~ w 11. CONSENT AGENDA: It was moved by Me. Brock, seconded by
t 'rt " r. Halt an unanimously carried (7-0) to approve the
conseTt agenda as follower
¢ ri
A. Approval of preliminary and final plat of the C,F. Martin
Addition, Lot 1, Block 1,
` B. Approval of final plot of the Skyfob Addition, j s
wbr„ A~; Lot I, Brock I .
C, Approval of final plots of the Westgate Heights Addition,
yg~ Phases I I end lV.
III. PUBLIC HEAAINGS
1
~At,4„t a, A, Fetfiion of the City of Denton Historic Landmark Commission
requesting that the property located of 903 West Oak Street .d
F be added to the Oak•Hlckory Historic Dl sir ct, e p of"
~hpa'.r a{' t= erty is further described as a tract in the E, Puchalek!
A a! Survey, Abstract 996, and is located on the south side of
1'd+r> vest Oak street approximately 300 feet West of mounts St.
Twenty notices were . ',led to property owners within 200
feet; Four reply forms were received in favor, no reply
forms were received in opposition.
m,'itlo0pFA'LionkestitedaN othderuab pie~cntNtot eyAasl:e•
the fast that tie Planning and Zoning CohRIssioa and the
r
~j Cit Ciuncli Aare requested that this partieulcr property
be Included in the district. He said tbrt the Historic
4. s, wa Landmark Commission excluded tht property bacause the owner
wanted to be excluded but property meets the criteria for y
try i°,/ r x1
~.inclutlen.
IN-FAVOR: None present.
~ ~ •J~l, OPPOSED: Nome present.
5if3,s ,,o, 't' N.,~irNM114a:39,6ddlb•*X.iMr. dww ke.N t.... w. ......ww. n.
. i
Ol.
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P 6 2 Minutes
January 28, 1987
Page 2
e,
STAFF RLPORI- Ms, Spivey stated that
for c Di the Oak-Hickory His.
as vas approved on November 1966 by the City
Council. She said that the key L.sue at the aeetina vas
the exclusion of properties. She said that the concern was
that with these exclusions the dfrtrlct would not coo ply
with the standards that the National Register for Historic
Places has for Historic Districts. She said that their
standards basically require that a district have a continu-
ous linkage of properties, She said that the National
Rea Ister will be certifying the district once the oultl
n to
r approval is ~iren. She said that on December 1, 1916 the
Historic Lan mark Commission held a public hearing and
found that the property located at 9 3 Kest Oak Street ■et
the criteria for Inclusion in the O,k-Hickory Historic
District by a vote of S.0.
»y
REBUTTAL: None offered,
Chair declared the public hearing closed.
w DECISION; Mr. Claiborne made a action to recommend that
r j t~ property at 903 Nest oak be Included In the Gak•Hickory
II N
is
torlc District, Seconded by Mr, Holt and unanimously
tried
co (7-0
B. Petition of the City of Denton Historic Landmark Commission !
requesting that the property located at 911 West Oak Street
be added to the Oak-Hickory Historic Distr ct. a pro•
pp
erty is further described as a tract In the E,,AUcRals
as ' ? Survey, Abstract 996, and is located un the north sldeof
West Oak Street approximately SOD feet we:t of Mounts St. s
a`+ w '
by Twenty-fro notices were mailed to property rvners within
200 feet{ three reply forms were received is favor, two
reply forms were received in opporit',in,
PETITIONER: Mike Cochran, Chaftv*r o: the Historic Land- a..
',h,+ 1^ {y ear omit scion stated that he we!
the fact that the Planning and Zoning Cmmissionmandsthi
Ci ty Council have requested that t:Ap particrlar property
be neluded in the district. He sale that the Historic
fr,i, r r Landmark Comat Stan excluded the property because the owner
wanted to be excluded,
1+ # 1
Rbi~ r` IN FAVOR: None present.
Try ,J ' OPPOSED: None present.
p ',kit „i^ a eAjr AEPGkTs Ms. SyIvey stated that this property meets
a cr era for inelusion. She stated that on December '
x>'~''t 1, 1916 the Historic Landmark Commission held a public
hgrina and recommended that the property at oll West Oak p
be Included in the Oak-Hickory Historic District by a rote '
of I.O.
REBUTTAL- None offered.
Chair declared the public hearing elosed.
y
DECISIONs Mr, Claiborne 'made a motion to recommend that
t~ lay tT+e property at 911 West Oak be included in the Oak-Hickory t
•F--' Historic District, Seconded by Mr. Escue and uanlmousl
carried (7.0). y,
t,t far 9r A ~ LY i is + f r.~
C. =Q. Petition of Seventh Day Adventist Church request' t
na an amendient of an existing planned development and
approval of a detailed plan on a S.I31 acre portion, The
property Is located on the east side of Afney Aoad, opprox-
'~s#,`l•y imately 300 feat north of Windsor Drive, and is shown in
a ,
;~4 ~ + ~ akayt •.k#ni~Cik drXiW2.PY+l1~Kan,~ii'.V1YaW"'es,r.••W.. _ - ~Y
vM it ~ ~ .r
^1 V I II Q '
dr v ttt l , r. to
w f`,~a
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t
t~
Minutes
Historic Landirrk Commission
December 8, 1986
The regular meeting of the Historic Landmark Commission of the City
of Denton, Tesas was held on Monday, December 8, 1986, at 4
r30 p.m.,
r#aa in the Council Chamber of the Municipal Building.
Present: Randall Boyd, }like Cochran, Ca therlne Con rady,
~ArE Gaylen Fickey, Bullltt Lowry Samuel Marino,
Sandra liattbews, and Toe Milier
Absent: Robert Albrecht
'*tk Present from Staff: Denise Spivey, Urban Planner; Joe Morris, ii
7 Assistant City Attorney; and Olivia Corson, Secretary
Chairman Mike Cochran called the meeting to order.
I. MINUTES
i~ a t Mr. Marino stated that Page It Paragraph 9 of the November 17
t? p• 1986 minutes should read "Alstorle markers could be put on
t individually designated houses."
V It was :coved by Ms. Conrady, seconded by Mr. Lowry and unani-
mously carried (7.0) to approve the minutes of the regular
meeting of November 17, 1986, as corrected.
AI t` y, :y, x
~d*wa; 3 11. PUBLIC HEARINGS M
U A. Consider recommending that property located at
903 West Oak Street be included In the Oak-Hickory
r t' i 91staric str ct.
Chairman Cochran opened the public hearing. F_
Mr. Ftckey arrived at the sooting. -'N
dt
X "A
IN FAVOR: None present.
OPPOSED: None resent. ;
tit5wwru r 5„ STAFF REPORj1 Ms. Spivey stated that the Oak-Hickory
i1 , s or c trir.t has been approved by the City Connell.
~tr et' The current boundaries are the north side of Oak Street
from 610 West Oak Street west to the intersection of Oak
and Fulton streets; the south side of Oak Street from
609 Welt oak Street to the intersection of Oak And Welch
h*~4xr streetsl the north side of Hickory Street from the inter-
section of Hickory and Welch streets to the intersection %
of Hickory and Williams streetsl the east side of Denton
t t r; t 'I theeintersectioniofeDentonOandfPearloStreetsikthersouthto
side of Pearl Street from 607 Pearl Street west to the
'II
i > intersection of Pearl and Denton Streets. She said that
the properties at 903 and 918 West Oak Street were excluded
from the district. In ardor to coopply with the desires of
the National Register and the City Council to have a coil. !
plate and contiguous district, staff recommends a
of the Inclusions. approval
9' J Kd r , ? She added that the Commission his evetusted the ropeity
at 901 West Oak Street and found that it meets the follows r.
Ing criteria for inclusion in the dtstrfctt x;
E it. Character} interest or value as part of the develop-
lent, heritage, or cultural C he r atteriitics of the
r
0 W, +'x ,F ~{t•i? City of Denton, State of Tam or the United Stataa. k!
b. Relationship to other distinctive buildings, if teA, ,
eft ti'. or areas which its e11 ible for preservation accord
la!t
to a plan besed on architectural, historic or cultural a
motif. •
t
~YS~
iA n Alf
I
t by 1+
i 1 ~t`i
t
1+ I~t ~ r u ~ t
+1 1 a f 1 .1ti .'1fa
HLC Minutes
December 8, 1986
Pape 2
j
c. Esemplif I a tlon of the Cultural, economic, IDC ill,
ethnic or historical heritage of, the City, State or j
United States.
d. A building or structure that because of its location
has become of value to a neighborhood, community on
or the City,
s e. Value as in aspect of community sentiment area,
p r ide, or public
t Mr. Cochran asked if there had been Any response from the r
property owner.
Ms, Spivey replied that a letter was nailed to the
property owner but there has been no response.
` Chair declared the public hearing closed.
Mr, Miller moved that the following criterion be Added as
u applying to the property located at 903 West Oak Street
nbadfinent of dlsttR$ulshing char acteristlcs of an arch(.
r tectural type or spec=imen." Seconde+ by Mr. Lowry and
c,~s unanimously CArried (8
y
` Mr. Lawry moved that the following criterion • "Identifies.
tion with a person or persons who significantly contributed
to the culture and development of the City, State or United
States." • also be attributed to the property at 903 Kest
Oak Street, Seconded by Ms. Conrady and motion unsnlnously
{ carried (8.0),
r , o !
Mr. Boyd moved to recommend that the property at 903 West
ss s Oak Street be included In the Oak•Hlc cry Historic District, ,
~n cJrs«ti + Seconded by Mr. Miller.
Roll call vote:
' Randall Boyd - Aye
Catherine Conrady - Aye
hike Cochran Ayye
tF,4o Gaylen Fickey A e ,
Built tt Lowry Aye`
a~ j w
Samuel Marina -Aye
Sandra Matthews - Aye
row Miller - Ay
Motion unanimously carried (8.0).
B. Consider recommending that property located at
918 West Oak Street a included In the Oak•Hickory
sloe e
jtr Ct,
{ ~ tis Chit room Cochran opened the public hearing. Y
ftis IN FAVOR: None present,
r
OpPGSEDt None project.
_FF torREP Rit Mj` Spivey stated that the Oak•Mitkory
Sra
strict has been approved by the City Council.
M~, 'p a A the current boundaries are tAha north side of Oak Street
from 610 Nest Oak Street west to the intersection of Oak
and Fulton streets; the south side of Oak Street from
609 West Oak Street to the intersection of Oak and Welch
1a ti"+,^ t streets: the north side of Hickory street from the inter r
w! section of Hickory and kelch streets to the intersectloii
StreetkfromatheWInterjectionDof;Denton andaOak Strestioto J
k'~1X, 1 } f the intersection of Denton and Pearl aeteetsi the south
r,u ,ti: i ry n side of Pearl Street from 607 Pearl Street vest to the
intersection of Pearl end Denton Streets, She said that
the properties at 903 and 910 Nest Oak Street were excluded
X73, rb 5 , ' '
r
ki V $,ri _
.01
p 1
14
II£nlf ill b„}
{ }9~J~r e.4~r r • 3: { ' ^.i k • ire ' • f.7J.
Ii LC Minutes
} December 8, 1996
Page
from the district. She further stated that tpclusion of
these properties would address the concern of the City
Council and staff to have a contiguous and compatible
historic district.
She added that the historic Landmark Commission has
5 evaluated the property at 918 West Oak Street and found
that it meets the following criteria for Inclusion in the
r' t dlsttictt
d
a. Character, interest or value as part of the develop-
meet, heritage, or cultural characteristics of the
City of Denton. State of Texas, or the United States,
i b. Relationship to other distinctive bufldln`s, sites,
or areas which are eligible for preservation according
s'a+ to a plan based on architectural, historic or cultural
motif.
c. Exemplification of the cultural, economic, social,
ethnic or historical heritage of the City, State or
United States.
a d. A building or structure that because of its location
has beccne of value to a neighborhood, community area,
1, ` , r t r or the City,
o " s e. Value as an aspect of community sentiment or public
I
+ r pride.
k Ms. Spivey stated that because the property at 918 West Oak
Street meets these criteria, staff recommends approval.
Chair declared the public hearing closed.
' C Yt',T4 Ms. Conrody moved to recommend that the propyerty at
919 West Oak Street be included in the Oak•ftlckory
Historic District. Seconded by Mr. Boyd.
+ Mr. Marino asked when the property was remodeled.
ti'Y'; ! Ms. Spivey stated that it had been remodeled between
' Roll Coll rote:
a f, + Randall Boyd • Aye
Yap ,e w Catherine Conrody • Aye
Oeylen Fickey Aye
Mike Cochran A e
or~
Bullitt Lowry Aye
p;, 1 Samuel Marino Aye
ka' Sandra Matthews - Aye
tti I t too Miller Aye
e, !lotion unanimously tarried {8.0)•
Ms. Spivey advised that the Historic Landmark Commission's
recomsendation on the properties at 903 and 918 West Oak
w: Street will be forwarded to the Planning and tonin Commission
for public hearings and that property owners will be notified. ,
'"ti • 111 • CONSIDERATION
t Recommend approval of a tax abatement ordinance.
Mr. Cochran thanked Mr. Howie for preparing the ordinance.
4 1 VF +D
r*t c Mr Lowry stated that he liked the ordinance and asked if
there would be a pproblea with the ordinance becoming retro•
active since it w111 probably not be approved until after
Januarys
+sr Mr. Norris said it would not be a problem if the ordinance t?
eaFinersitspianrttheof sptherin ygea,r. He sold that the
y Dpl
^i, * • ru: is uaatiE rova
cedti1onndthedli
'
.i' FtN a;.
h l 1 rj~
nPii i + ~ ~ E ~~uh
r J/~+ rt'', r F, +3'at~1,WFY•:kM.,,,r.... - 1 N
1{4 b~ , ,,a , !'i .•.••rnYMbi:pi~6:Nr+1tN'Ni?'''t . - ri i
r q " +Y
Ai rat
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, n
370
City of Der on city council minutes
Meeting of November 4, 1966
} Page Three
1
Cache Carson, Urban Planner, reported that this was a request for acent straight single family ISe-71 toning adl to a planned
development which had been approved in 1966. The planned
development was residential in nature and this requ;st, if approved,
would extend sucn land use to the esg:. The tract was in a low
intensity area and the Zoning tequ6.t did nut violate any Denton
Development Guide policies. Three reply forms had been mailed with
zero returned.
r`
k' 1. The Council considered adoption of an ordinance
} s approving single family ISF-71 zoning with minimum 7,000 squire foot
lots un 23.64 acres located north of Edwards Road approximately +
f , 2,800 feet from Mayhill Road.
`4 f The following ordinance was presented)
NO. 86-219 1
I
r AN ORDINANCE A.41LNUING THE ZuhINO NAP Of THE CITY Of DEN'ION,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO ThE CODE OP
ORDINANCES OP 1116 CITY OF DENTON, TEXAS, BY URVINAhCS NO.
69-10 AND AS SAID MAP APPLIES TO APPNOXIMATL'LY 21.642 ACRES
OF LAND LOCATED NUR1H UP EUWARUS ROAD APPROXIMATELY 2400U
FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY
DESCRIBED HEREIN$ TO PNOYLDE FUR A CHANGE IN XUN1NU ! CLASSIFICATION AND USE LESI+,NATIUN FROM AGRICULTURAL 'A' +
DIST'RICT' CLASSLtICATIUN AND USE TO SINGLE YAMILY 'Si-76
~
CLASSIFICATION AND USE FUR SAID PROPLHI'Yi PPUVLDLNG FUR A
MAXIMUM PENALTY OF $1,000 PON VIvLA'TiUNS THLREOPI PNUV1ULl1U
` FOR A SEVERABILITY CLAUbEr ANU UtCLAMING AN EFFECTIVE DAIL.
t+t ,aF McAdams motion, Alexander second to adopt the ordinance, un roll
Calls vote McAdams 'aye', Alexander 'aye', Hopkins 'aye', Alfurd
1. eye , Riddlesperger 'aye', Chew 'aye' and mayor Stephens gait'.
tJ , . Motion carried unanimously,
TAe Council held a public hosing on the petition of
j the Denton Historic Landmark Commission requesting a historic
landuerk afstrict designation in the West uak/Meat Hickory Street
`Y 4z4, l } area. The boundaries of the proposed district are as folluwsr i
r, w ls+ ? The north side of Oak Street from 610 West Oak west to 4 '
+r+Er " , x !=r~ the intersection of Oak and Fulton attests with the
e +r s `.f exception of the property located at 918 Wert uak F
t, C t Street. I
ydl ~ Z f eM
L ' °a The south side of Oak Street from 609 dot Oak West to
't* the intersection of West Oak and Welch streetso with
the exception of the ro ertY located at 903 West Oak
l
Street.
The north aide of Hickory Street from the intersection
of Hickory and Welch attests to the intersection of
' dA Hickory and Williams attests.
ul" +'i h 9~ The east side of Denton Street froa the intersection
of Denton ano Oak streets to the intersection of
' Denton and Pearl streets.
4 t The south side of Pearl Street trom 607 Pearl west to 1 . w the intersection of Pearl and Denton streets. + L`
The property is more particularly described as City of
4 " f Denton block numbers 328, 3291 370, 3360 17br 188 and part S
+7 yi + .y, f1 of block 675.
"he Mayor opened the publLe.boaring.
4
P ~ n~y3 , ~f Iff
1
u 1r, } a +
,
i n y, •a,y~u'.Ml,i~',L~.'Ya. ~YleAN4~~411Nd~a',d+li~ik'VCFd"a~'~Jk.'tra4idww. i 'illy i'". ,2 1 ,
`h ~iy".
~i~t5
1 "I
S"
x
371
City of Denton City Council Minutes
Meeting of November 4, 1986
Page Pour
Mr. Mike Cochran, Chairperson of the Historic Landmark Commission,
stoke in favor -stating that he was proud to present this petition.
The idea had come about in 1968 with the comprehensive zoning
ordinance. Due to a quirk in the law, notification to property
owners was not done and some parcels in the area were retonso
multi-family. Slowly, a movement had bagun to preserve the older
homes. The ordinance included a provision for historical districts
~ if it was felt to be beneficial. The proposed ordinance would
provide the mechanism to preserve the district. The ordinance had
been approved by the Secretary of the Interior and would qualify as
a national registry district. Advantagse would be accrued to
property owners as well as the City. The City of Denton was only
129 years old but its history was in the architecture. The i}
advantages of this ordinance far outweighed the detriments to the
City or the property owners. be personally felt that he was
C{t.'..~ ' offering something to the City, Denton was more than lust a place
to make a living--it was also a place to live.
d' Council Member Rlddlesperger asked why two lots had been excluded
from the district.
Cochran responded that the Historic Landmark commission had excluded
a these parcels because they had been 'locking horns' with the
x Iroperty owners for several years. A vehicle for exclusion was
written in the ordinance and there would be no detrimental ettect to
G the historic district. The two parcels in question were located in
4 the center of the proposed district aid, due to that, were in less
jeopardy than those situated on the pariphary.
1+ kW t i'' Council Member Riodlesperger asket it this meant it anyone objec:eo,
would they be excluded.
° Cochran replied not the criteria was whether or not the exclusion
` would have a detrimental effect on the district.
r r
Council Memos[ Alexander asked what would happen it a parson whose
parcel was excluded wanted to be included at a future date.
Cochran responded that the person would be eligible and could. apply '
` E•
to be included. This could ba accomplished through an amendment to
~rµ' * the district ordinance.
3t t J S Mayor Stephens asked if tax incentives were being offered, i;
q, proposes
Cochran replied that the Historic Landmark Commission had
the ordinance to reset- the present evaluation on the property [or ~
on residential as well as income producing investment
ten year
properties. In the pa G, there bad been tax credits for historic
14 r ,fi landmark designated properties.
, y V4
Mayo[ Stephens stated that this should be attractive to the
ts` residents.
Cochran replied that the tax incentives were only on income
producing properties, However, he believed another plus woula be
rf't , Y the stability that historic district designation would being to the
neigbborhood. The adds had been written off as destined for
apartments.
Mt. Randall noyde 1023 west Oak, spoke in favor stating that he
lived in the proposed district, opned income producing property in
the district and also historic propetty not in the district. He WAS pleading for his neighborhood which he felt was an asset rto the
entire community. Thee structures could not be tab'Jilt In another
„ r''" 'x section of town or anywhere also for that mattet, Some opponents
had stated that the protection of the historic district toning was
not necessary a the homes were too valuable to ever be torn down, °ls
;~t
p .•,4
„
~tj, r~~re' wr _F ...y ...v;....H 1Y.Y1!.tli;1lXF~:r1'iWMw~" r,•r
1 r ;
, yr
„
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a
372
City of Denton City council Minutes
Meeting of hovember 1986
! Page Five
That was not true. if the lot was zoned pulti-family, it would be
cost effective.tor the owner to test down the house and build a
three story apartment complex. This could eventually destroy the
whole neLghborhood--one house at a tips. Tax credits at 2Ue sad
been retained and would be more valuable tnan the 15% rate this year,
Mr. Murray Ricks, 7US West Oak, spoke in favor stating that Denton
was an old town and this neighborhood was the only original 1
neighborhood still existing. The houses reflected the prosperity i
2 and growth of Denton. He did not want Denton to become another ;
Plano. Historic preservation was needed.
C a h
Mrs" Paul Carpenter, 723 West Oak, spoke in favor stating that her
+ residence, the Lomax home, was already Spot toned as a historic
f landmark but this was not enough. This protected their neighbors II
and her home but not the property. Some owners had expressed I'
opposition to the restrictions related to the designation. when ■he
and her husband wanted to paint their home two years ago, they
selected the color and went before the Historic Landmark Commission ,
4t' for approval, which they received. All residents operated under
lr certain rules, such as the subdivision rules and regulations, she
concluded by stating that she felt the hickory Street area was very
important and it was at risk.
Mr. Richard Hayes, 819 Nest Uak, spuke in tavor stating that he hao
1 lived in San Antonio when their historical district was in ti,e
~r < kJ planniny stayer, :hr xiny William area was ramshackleu and rat E
infected, She district was approved and the area renovated. It nuw
It, # was an asset to Han Antunio.
' At. Rich Euyvean, LOUD West hickory, spoke in favor stating that he
1 was pleading for Hickory Street, He felt the bungalows wets also a
n ,s ;f s.yle of home which should be saved. The character of the City was
PaF h most vividly shown by this homes.
f" fir' fs~ Mr. W. A. Barker, 812 West Oak, spoke in favor stating that he felt
the historic district would benefit the City and the property owners.
Ms. Elizabeth Lomax spoke in favor stating that, from the point of 3
view of the older citizen, she was glad to have someone living in f y
4e , y her old family home. She wanted to keep these old homes it possible. 3t
uk Mr. J. D. Vann, $11 Wrst Oak, spoke in favor stating that he has
been before the City Council and the Planning and toning commission `tr
several times to discuss many intrusions into the neighborhood. No
realized that a historic dlserlee was not a 'cure ell' but it would
r s, help. When he had purchased his home in 1967 he had been assured by
the realtot that this was A. vefy staple neighborhood. After closing
on the house, the realtor built aFartments on the adjacent back
lot. he had only found one person who had not felt this area should
be preserved but it would be progressive for the area to develop r
like University Drive. As for himself, be felt the historic
10 h ~r l district was progfessiva.
pit ;I Mr. Bill Doggett, 918 West oak, opoke in opposition stating that his
property was one of the two parcels which hod been excluded. His
q property was toned single family and his parents had purchased the
yroperty in 1921* he intended to reside in the home for the rest of
is li H. He was very much opposed to the restrictions the proposed "
ordinance would impose on him. He further did not believe that this
a tr, was a true historic district, the house to the east of him vas
,far 4;, built in the 190's and another one In the neighborhood was built in
the 1960's. Some homes in the district vote neither historic or 4
R' s~ dt
beautiful. He wanted to 'be able to do xhltevet he wanted to his
house whenever he wanted.
Ni I ~ „ xL
? Mr. Doug Rainer, officer of the Denton Board of Realtors, spoke in ; r
a7^li{ ^,°1 opposition stating that in July of 1981 the Board of xealtrta had
~r5
r~ ~ ,1 1 I T
1~0 u
~n 17 i#~,ri i , ~ . _ ~.wm„,o.M..a4GIpP~(4CLt7.na"~ix3?'~`_ i, ~ j~
, t ww ICI
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373
City of Denton City council minutes
Meeting of November 4, 1986
Page Six
addressed a historic district. Ihay felt it should be left up to
the individual owners to petition for historical designation rather
than a district.
Mr. Chris hill, representative of a fraternity located on Oak, spoke
in opposition stating that they had been opposed to the district
since 1984. They did not want anyone dictating to them regarding
their Prat house. The structure was in need of work and they wanted
to have the flexibility to expand as they wished.
Mr. L. S. Forrester, owner of property on hickory street, spoke in
tr d opposition stating that his family had owned property in Dentvr,
since 1851. He would ]Ike to have his property reconsidered. He
t owned a 50 feet lot which would not be worth anything if this
„a
% district was approved. In his opinion, no homes on hickory street
7 1i
were historical. He wanted his lot, if nothing else, excluded.
Mr. Robert L. Pearce, 901 West Oak, spoke in opposition stating that
he had spoken with the National Registry and they had said that this
Fr district wdu2a not qualify. Thtl Graham house across from tna church
had been corn down and a new house built. in most cases, however,
yy f y+'. M+ !i the house was worth more than the lot, This fact would serve to '
protect the homes.
.5
Council Member Chew asked when Mr. Pearce had spoken with the
r , National Registry.
stir' .`a Pearce responded apyroximbtely three years ago. '
Council Member Riddlesperger stated that he could not imagine why f
Mr. Pearce was opposed.
Pearce responded that the historical district would neither protect
C or help him. All but one person who had spoke in favor of the
petition already had the historic designation.
Mr. Lee LeClair, 924 Nest Oak, spoke in opposition stating teat Me.
Pearco noh structure[ builte within[ the last t 50 years was and was told
ti4t + Also, the district must be a 'cohesive entity' which the proposed
y , ors district was not, Regarding the tax incentive issue, this was only
< available for income producing properties--not residences. There
J were' 17 properties in the area which were presently coned as
apt` ",y nl historical landmarks. O:tly one property owner who was not curtently
zoned as a historical landmark was in favor of the district, All in
ry all he felt the quastien here was one of property rights.' He felt A ,
y ,1 the designation should be done on an individual pe:~tton basis.
ter` ;t Mr. Bill Crouch spoka in opposition stating he was upph,sed due to
i' individual
property owners rights. Further, he did not baklava that
the properties on Hickory Street were historical.
+u d ;
ry~+r Mr, Phil Watkins, owner of property at 608 West Hickory, stating
that the structure was a ainple frame housd which was being used as
income producing propitty, He felt that the people who owned
r " property on hickory street were being used as a buffer to shield the
properties on Oak.
4 ~d, r 1 y
The Mayor closed the public hearing.
Mayor Stephens allowed At. Cochran five minutes for rsbuttal,
Mr, Mike Cochran, Chairperson of the Historic Landmark Commission,
+t~k,,; ~`4 a. stated that hickory Street had been 'taking a beating' in the public
5 zF r i; hssting as not being tither pretty or historical, The Depatthant of
the interior bad said that 514 of the properties in the district
y4,
T [ r+,
6 '111 + t ~ i r.
~ µtiN+tl.; •n4-0fa~!♦;iW:/k.M ,r -,RYia~ ..,.n ti ~ ;
r
374
City of Lenton city council minutes
Meeting o! November e, 1996
Page Sovan
' i
must be historical,
part of the- fabric Tof heueea on Mlckory Street w
opposition, an overwhelming he city; Of those whore an important
I 9 number of them were absentee esponded !n
Council Member Chew asked landlord r,
excluded, again why the two parcels
1 < had been
r Cochran replied the! they were deemed el! ible but were
left
theyuslelte AeOQert.V owners had been a 'Hattie to deal with;, out
r
noighbots, properties were secure and protected b Aleo,
Y their ;
feniseaSpivey, Urban planner
J
avor repotted that many persons were 1.
Hfckocy area nwas one
in °pPo the most felt the west Oak and west
f Historic of f the moat 819 the in
$ measure a Lanai tk Commission had con the City- sidered each etcuct Tha
Landmark gCommis,lon canoe efor hietotic designation. The historic
i f I approved the Planning and zoning commission had
r of the re 1 Proposed ordinance with conditions. As mote than 201
r
the Council wouldmbe elui[e thd for sstafr,to ix sffirmattve votes from
S'
Council Member McAoame askra what the proceed, '
'
# procedures were for an owner
to make changes toe historically aeatgrtatrd
property.
1 SpiVaY responoeo that it the change was to the exte[lor of the home,
a Ceyueet too Ind change t be ,ubmlttea to the an mark
tt Landmark for a eetelfteate of appropc Mistoof L
Landmark Commiealon wuu2a
eness, The
aeterminatio. review the rw l u a u t at Mledtoric
y and then maka a
,w City Manager Lloyd Harrell reyorted that
# xr, 3 I Provided to the cif council alternatiVae had been
r~t~k Council could, at their discretion,
the reoucedtheaDOU dmateriv6. he
k < not increase the boundaries without frost re-adVbondar The
cou
another public hearing, NO had
g artd Aoldiny
and this could come from
historic district be valuable, e
1 1 ordinane a city Which
J
a was vrltten, he had no eoubG that had
depending the
ON4 an asset to the community.
the districtoncAo ow uld be
rAi rte Council Member McAdams stated that, Without
neighborhood could be deetto a some protection, the
Ye one house at a time, i„
Council Member Alexander seated that this v
Thee liCt
th ConA mbbetween the Property as a Classic exempla of
muse took at the overall
owneneeds the city
to v rs and th
believed the Council had of the Community. He
ote for the Y as a wAole,
# good of the entire t+ Y; l~"`~~a f City.
Cuuncil Membet hop ~l
etclualons to onlyA the two eo that her primacy Problem was allowing
to be excluded, It Seemed to Aer]thac ltn~hould b~ ilt oco nothtasked
s,r Council Member Chew stated that
t 9 felt the two parcels Should be incluCaa,in favor of the alltrlet and i
Council Member Aiddlespecger stated that this AGighv,thood was too
important to the City of Den:dn and Should be
'4' Part of the Cityra history and heritage.
Puserved. it was
Mayor Pro Tam Alford stated that. &estheticall
think of how they wanted the communit
+ Yr the
Y frr Important to the city,
P Council should
community to be, This neighborhood was
was a190
Mayor Stephens stated that he had pPride in Denton, a community which
Years
n to PC old. he would like to have a safeguard in
ordinance avent arbltrar
,w 1 y decisions in the future, the
Alexander
'f a'i r /t{ Nticn, McAdams second to direct
ordinll and-bring it back before t staff to
Mj otEon carried unanimously. prepare the
he Council for to p a
gl
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P tr Z Minutes
uctober is, 1986
Page 7
He said that the uses are close together but that it is
n seen in other parts of the city, He said that this tract
is too small to develop as garden office. He said that
they are in the process of looking at PD-91 and that the
i uses are going to change becauso of the alllnment of
t Robinson koad.
Me. Claiborne asked where the notion of general retail
came from. Mr. Knight stated that there were a huge roll
of FHA plans that shows concept of the mobile home park
?r f , and that on that plan the corner Is cut off. He said the
city nos no record of it ■nd the plans were not approved
c ' by the city.
Mr. Holt asked the petitioner when he boutht the ropertyy,
" y Mr. Knight saki two months ago and that the R h
r, property subject to toning. He aald that theyuCannot dde-e
t ' velop unless they have access to Teasley lane.
Chair declared public hearing closed.
DECISION: Mr. Claiborne stated that the Commission tart
now see an area of town that shows over:oning that has
yy tti y been done. He said that If it were not for the other
¢ tI !y areas of general recall this proposal would be good but
u' that he cannot recommend approval,
Mr. Claiborne moved to recommend dental of 1.1137,
r{r~ a Seconded by Ms. Brock and notion carried (3.1),
it Mr. Glasscock voted no.
g. Oak-Hickor Historic District. Petition of the Denton
stor c an war omen as on requestJng a historic land-
mark district designation in the Nest Oak/West Hickory
street area. The boundaries of the proposed district are
}a' ,r y,° as follows:
o,
? 1' The north side of Oak Street from 610 West Oak west to the
intersection of Oak and Fulton streets with the exception
of the property located at 919 West 0&II Street, 4'<
~u+ The south side of Oak Street from 609 West Oak west tr,
pr,, ?t^ sa the Ihtersection of West Oak and Welch street 1, with the
w'„ t r,er exception of the property located at 903 West Oak Street.
~ti ' Z ~ s kV '71
The north side of Hickory Street from the Jntersentlon of
Hiekory and Welch streets to the Intersection of Hickory
and Williams streets.
r }Iwo k `y` The east side of Denton Street from the Intersection of
Denton and Oak streets to the Intersection of Denton and {
r Pearl streets.
The south side of Pearl Street from 607 Pearl west to the
intersection of Pearl and Denton streets.
Too property Is more particularly described as City of a'
ry a
1, 6 ; :4
Y. Dentan block numbers 3190 319, 3300 336, 176, 111 and Ili
r}jGi~r Y`y. part of block 173.
Fifth-seven notices were milled to property owners within 14, the 0ak•Hitkory Historic ClatrlctI seventy•fout notices
were mailed to pro PPart owners within A00 feet of the Oik•
" sr y , , Hickory Historic DlSir Cets nineteen rcrly forms were re-
ceived In favors fourteen reply forms were received It, ;-1
oppositions one reply form was received undecided,
8 1'IONEgI Mike Cochran, Chairman of the Historic
an mar omalislon, stated that ordinance 10.30 was
formed to encourage toning of historic property and for
r~ r*v a. .,d
,
61 •y ~ Y MW9 4 W ir.dF'iC"sR i.iAhY:+41.W:. w. va.'n...` y
A I
l3 ~ ~J.'1111,
ku ,jti `til z'•~ i,'t
,Rd l „ ,
1
,
P 1 Y Minutes
OctoOer 15, 1986
Page 8
p
' the formulation of historic districts,
Historic Landmark CemmJsaJOn has been xo He rkl snaid that the
the '
i residents with property that 1s historic des Snwiatthed and
Ace u with this proposed historic dittrict
p c es
that the He added
Comnlsslon 1s In favor of the district,
Claiborne asked about the properties that are excluded
pari
X, 4w tcularlysMT1eVe that indtMrn properties arc excluded S` it Id revj
7 y,
4fly. proposals hate had a number of excOgg
and'
lncluslonsus
' IH FA
p YOKt Richard Hayes, 6,9 West Oak
oportunity to createa lsforlc distrtcfgSated twithls nebADey nthe Is
great. He said that it is not enough to 0 hou house,
Paula Carpenter, 723 West Uak, stated that her family Is
ttry much In favor. She said that a historic district is
mPortent and historic deslgr.at}on Js not enough,
Murray Ricks, 70S West Cat, stared that he agrees fully
wlth everyone. He said that this area has been overrun
s fora number of years. He said that this is a rare
a opportunity to create a historic district and refurbish a r Y,
,u t fine old neighborhood. He said that , historic district
` would tend to attract people and r4
k ; established neighborhood, He said that If
protected most put money Into an old
i
people x111 not be wJilln1 toh~nvast 1s not
Gwen Fairchild, 92S West Hlckor
7~y 1s that the area should have a Afstorlcddlstrictrfoilplon
k, safety factor. She said that 11 Is not sH'e In this are, f
exiscrss the ting apariaent~.b Shes$Aid thattthefleveleofeerlnethe
b,+ r wilt increase tremendously if apartments ere allowed e
continue, She sold that It Is b:r
At, ID;Jal to all t" Y
rt+ homes. who have
i 4
OPPOSED: Donald Davis, 700 West Hickory, stated that his
J 4w"; Mar ty is the only retail In the area. He add
the ordinance 1 w+a,
k ° ed that he
s too restrictive. He asked that
Hicory Street rotrt included because Hickory Street 1s
r i be preserved. He ai
t l p pey. ded that O ak Street ,Jwuld
Christopher Gilliam, representative of the Delta Sl!ma Ph)
f r Frat Gains X1
on the edge of thetdistr,c`,
they MeosaidhthatatheyJjt„fiapfe
~t `
t. osad to the district because it will limit growth and use
of the property.
4
Mr, gamman asked how It would Ifmlt the rowth.
Mr. GJ1lfar stated that they c u.not PAJet or build
C
without having to go throught the Landmark t7ommisslan,
Herman Leatrlp, 1001 West Oek, stated that us lives on
Grail behind the Oak Street to art w
Nt~yl does not like theldea of people tei31n1 him whatthetc.t
do with his pprapt y, He said that be fee le the dl,tr e
it < is against his r )rrats sad asked to be exclu ed, He Addeo
y, that he was excluded At one time,
t+.,7F, a t,
c; ;<r t Lee LeCiair, 00241t Oak
J. nance the D stated that even with the ord!•
44 s +tre He said thatothotminutes throughoutvthis CAsenare peevi
leti t
M,~`+ bra z t
that han this district is not towards re,torarzonibut ppreserrA-
5a,i~
preserrition oftproportp values butshlsfoettJdeifgnitlce°
i d°r:~i, He said that Fort Werth has a conservation district and
the one Denton is trying to pas, Is , cohesive district ,
p ~Y., He said that Oak and Hickory streets are more modern and
,yr r i; l d
M1.
1
yy a{ ip 1 1 J
till ~ , ~ M`TnNifQ'A.K+ 7^ird lMM'{:AAAI+s.eu
I
1 r~`t ' F
Y 6 Z minutes
Uctuber is, 1980
Yoga Y+„~
that they do not meet the cohesive unit. He added that he
would appreciate the Commission voting against
the
district.
Mr. Claiborne atated that the Commission Is trying to help
preserve a part of Denton. He added that he favored
7yr+ notifying all property owners in the district as well as
adjacent property owners whenever a demolislon or major
n change Is proposed. k
Mr. LeClair asked how the change would be made.
Mr. Claiborne stated that It would be ■ condition on ;
JY r " a+? passing of tL historic district.
Mr. LeClair stated that he would like an update on the
c photos if the district is established. Mr. Claiborne
stated that they could consider hla request.
$1 L. S. Forester, 710 West Hickory, stated that Hickory
5 ,+!I Street is rental property and that there Is nothing
rtis. E: historic on the street. ;
SSAFI REPURtt Ms. Carson stated that this Item was pre•
vvTo`u`fly approved by the Planning and Zoning eonmJsslon at ! + ~
!h " Its meeting of August 11, 1986 by a vote of 7.0; however,
a technical problem with the property owner notification
process has necessitated another public hearing before the
Commission. She ssld that the Historic Landmark Commis-
lion considered this Item at Its meeting of July S1985 If
a0 voted to recommend approral of the OskHlckory Historic +'G
awed District by a vote of 8.0, Sae added that staff also '
recommends app-oval.
Mr. Claiborne asked If a lot of
particulars xwld be dra[
` red 'tiro this ordinance. She said that the ordinance
would only cover the district. She added that a p eserve-
lion plan and architectural standards for entire city as
ti well as this area have been approved. . 3,
Mr. Claiborne asked about the process for drafting and
ad; ring the ordinance. Ms. Carson stated that ato A rate .
.I
ordinance would need to be drafted and that tha Commission
would f.ave option to review and the City Council would
y+, ~,r adopt ordinance, I '
41
~ n N~ a, f I( r 1j
Mr. Claiborne asked if the ConAl salon usually reviewed
ordinances. Ms. Carson said no unless It affects lend use ~jt E ,,xpa ISauea.
Ms, Carson stated that other items are dependent upon If
l
the district is approved, She :aid that the City Council i
• ! „ has the optioi, to include or exclude properties,
f
JI, Mr, Forester stated that be felt this Is a of soning.
' Mr. Claiborne stated that it was not and that Mr. Pearce g
end Mr. Doggett had been opposed from the Very beginning, t.
Ms. Carson stated that staffs recommendation is not to P;rf
exclude anyone. w .yq
k 4 MP , r,, Mr. Holt stated roar Hltkory Street is alvost a slum area
and the district is needed to prersnt deterloratior.;
b`E,'p"SFr Mr, Cochran stated that the hlstorlc district Is lmportint
' i to the fragile nature of Hickory Street
l' xEOUTTALi Mr, Cochran stated that there ip a possible tax u' y
ova-meta e. Ho said that there ate cfrtmin teat ?aws for r
renovar~on. Ha said that Community Development Block
y!~ frt.,
z . w~ „t, yyy , a
. f JJ
Y ~
v ttY (
g: w-av~iRUVafaa:+t.~~~a*':wtrar V 'r
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P 11 Z Minutes
uctober 1S, 1980
?&SO to
r
Grants are available. He said that there Is a request to
establish a tax abatement ordinance. He added that tie
fragile nature needs protecting,
rir, Davis stated that he would not benefit from the taxes
because his building is depreciated out.
Mr. Cochran stated that there would be some tax cut but
that It would not be significant.
r Mr. LeClair stated that the tax abatement Is for income
"4'i, tproducing properties enly,
Mr, Lantrlp stated that he said he was
t DDasod from the
very beginning.
Chair declared the public hearing closed.
Y'4~ B A' DEC131ONi Mr, Claiborne stated that the views are basical-
k, rT-H-e lame In that he eopethleed with th`se who do not
want to be Included, lie said that it the Commission con
do anything to ;lrevent urban blight In this area they feel
r A rq t, obllgated to do so. He added that he was not .racy about
the re at rictIons el ther but that If one backed off and ?
looked, they could see it Is for the benefit of all.
Mr. Xamman stated that he felt It should be approved with
no exclusions.
' q'af ft, 5`r Y~''S Mr. Holt stated that Jf those two are excluded, the others
who asked for exclusion should not be turned down.
Mr, tamman Noved to recommend approval of the Oak•NlekoTy
tl r
"r n .I Historic District wJth^ut the two exclusions. Seconded by
Mr. Holt,
N N I
Mr. Morris asked If the property owners had received ;i
~i ?s% r` r° notification, Ms, Carson stated that they were notified,
tt ,'"r ititi No. !rock ■cl to amend the motion to Include the
(allow- ing conditionsi,
t ~r~•~ la , ° k'' 1. Hearing notices for demolitions to be sent to property
owners within the district end property owners within
200 (Cott
2. current pictures be taken when dl strict Is approved, r .
Fy'ry ~yP
r kf A rv.l r
Seconded by Mr. Claiborne.
t a j Mr. Morris stated that the Commission is including prop-
1 arty that was exclude! He said that those people are
under the Assumption they are not In the ddlsttict~ He ,
f~{w sold that they are creating Another yroeedUral pr am, He stated that the City Council con Include or exclude
properties at their public hearing.
IK, r ,.S
All foraer motions rere withdrawn.
No, brook moved to recommend a proval of the Oak•Hlekory
fix.. Historic District with the following zondiflonfl t
MearJnj notices for demolitions to be sent to property
f ask^,~l owners within the district and Adjacent property
rW owners within 200 feet!
ItS~>'t~i 2, current pictures be taken when district is approved,
n`ifr~ 1 '`r Seconded by Mr. Claiborne and motion unanimously carried
r ,
r r,~~4 rq ; ~ 1b.01,
i
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u., ~..nww
All
p
r, t
1 . , ~ b'
t
%
Y Z Minutes
October 1S, 1986
page 11
i
w ? Mr. Claiborne recomaended that the Clty council diva
consideration that the Historic Ulstrict 9e all
inclusive. Seconded by Ms. Brock and motion unanimously
cerrled (6-U).
Y. DISCUSSION OF DRAFT Of RESOLUTION PERTAINING TO INTENSITY
WAFM REPORTt Ms. Carson stated that this Is the rough !raft
i etfi wai prepared after the study session with tue City Council '
4 in Jn regards to the first come, first serve policy. She said
meets thesapproval ofirhe Com.isI onsbefore lteliftor nrdedtto
' the City Council.
4 r
v
o!rtthelresolutionstated before subntttJnwould JnkfJnaledrtime to aft formoto
the legal department and on to the Cty Council.
" Mr. Claiborte moved to table the draft of the resolution
port& Oaf to the latensity allocation (first come, first
serve un f1 ,he Commission had an opportunity for more
consideration as to the wording of the resolution. Seconded i
by Mr. ulasscock and motion unanimously carried (6.0),
r ~ e
l"11 NbW SUS1NESS
is
Ms. Carson reminded the Commission about the November 11 Short
Course and added that the Commission would be recelyJAS more 1 14
information soon.
r4 1:~ f >,;~~1.
n1t' * a Ms. Carson stated that another meeting of thn Commission may be in order In November because of the amount of coning te-
quests. Sao suggested November 19, 1986 as a possible drfe
and stated that additional Information will be provided.
at?fSI Meeting adjourned at WS p.m.
{ f• v
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P 4 2 MJnut es
August 13, ludo
uY
" ATTEST:
} Charlotte Allen
LI{ARLartb
C1TY TLLEA;"dTTY'b=f'CiTI'1`JCfil'-
OF OENTON, TEXAS
APPROVED AS TO LEGAL FORM:
" /s/ Debra Adoml Dra ovllch
' + OkBR`A'iCQAAl"p11TYd4I~TI1'Y'Al'TdtIKEY ,
k { E CITY OF DEN[uN, TEXAS"
~.I Ill. CONSENT AGENDA; It was moved by Ms, Brock seconded by
R .'b'LTcFER"and unanimously carried {Y.oi to approve the
consent a$ends as follows;
A. Approval of preliminary and final plat of the
Avenue B Addition, Lot 1, block 1. 1
1 01 r' f'Yt,<. B• Recommend approval of preliminary plat of rho f
Green and Moore Addition"
H C. Approval of final plat of the Holbert-Wyatt Addition,
'd Lots 1 and 2, Block 1.
t K;' ~Y.it V. Approval of preliminary and final plat of the
Richardson Addition, Lots l and 2, Block A.
AB. Approval of corrected plat of the Summerwind Addition,
m~ F. Approval of preliminary ■nd final plat of the r '
4 3•J AM rJon, Lot 1, Block A. ' IV, PUBLIC HEARINGS
/ A. f411I o of the De1rton Historic Landmark CommJssi
t f l of B
i'B on
r"~ ~ ' re ues n YTorTe`Tiediir8 dfiEF]iF~da7fjn"a'}7on '
' for the Oak-Hickory Historic District. The boundaries
of the prop sod district are as follows:
~"r:„ ~ .rl 1. 3L
The north side of oak Street from 610 West Oak west to the
intersection of Oak and Fulton streets, with the exception
of the property located at 918 West Oaa Street.
The south side of Oak Street from 609 Nest Oak west to the
intersection of West Oak and Welch streets, with the excep"
tfon of the property located at 903 West Oak Street.
y.
The north fide of Hickory Street from the Intersection of
Hickory and Welch streets to the Intersection of Hickory
t~++ and Wllllams streets.
The east side of Denton Street from the intersection of 1
Denton and Oak streets to the intersection of Denton and
+ Pearl streets. if
the south side of Pearl Street from 607 Pearl west to the
Intersection of Pearl and Denton streets.
«a
r the property Is more ppartltulartyy described as City of
rs:1 i A~ Ar"u Denton block numbers 3210 319, 3la, 336, 4161 188 and o bloc 75,
tv~°p~i°F}•p►~,,t~#, theteounderiss ofthlrdfltrlefltfwenty-threewraplyw[or@$
were received In favor twelve re ly Eons were received
In opposition, two rep~y totes were recefred from property
4 owners excluded from the district. ,
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Page 3
Lee LeClair, 924 West Uak, asked If lots 411 and 4,2 on
Gregg Street were excluded from the district, Ms. Spivey
said yes.
ya'' A member of the audience asked If 903 and 918 West Oak were
still proposed excluded from the dlstrlo:t, Mr. Claiborne
stated that this Item could be addressed later in the staff
report.
gETiTIUNEA: Mike Cochran, Chairman of the Historic Land-
marrk-CH-Ussfon, stated that the Commission unanimously re-
commended appproval of the Historic District. He said that
the Commissl0n felt in obligation to protect the Invea1;
meats, homes and residents of this proposed district and
to preserve one of the last remaining Intact older nelgh- f
borhoods. He said that this area has been In transition
for a number of years and It is not the Commission 'a intent
to stop development but to Insure the transition would pro-
r teed In moderation. He sold that the cityiwide tonla that
waa done In 1959 zoned this area multJ•fomly. He amid the
people In this area reallsed that a rapid deterioration of
the area was oc<urrinQQ and a number of citltens formed an
+ or;anIzation and sought to stem encroachment and provide
protection of the neighborhood. He said that the culalna
tlon of the efforts of this committee was Ordinance 80.30, '
He said that the ordinance provided a system for press va-- s
along designation of historic structures and creation of
historic districts, He added that he lives In the city and
c {i{I in this proposed district. He said that the Historic land
.1 I mark Commission feels that a historic district Is a stood
d thing for the city and they urge support,
alit i11 Mr. Claiborne asked why 903 and 918 West Oak were excluded
from the district. Mr. Cochran stated that the owners, Mr. Pearce and Mr. Doggett, opposed the district over the
year and the Commission fait it was mot worth the hassle i
+s, ,6 to f~ght with them, He said thhat he felt su sequent'owneri
of the property would want to be included In the district,
,I~~t1 l r + He sold that It la not the Commission's desire to force
anyone and that Ia his opinion the ordinance was not strong '
enough.
Ms. Brock stated that the received five letters In oppos!•
tlon requesting Groper its ba excluded, Mr Cochran #toted
"Y I, that if the cration of the dis!rlet li JA jeopardy the
Commission would be willing to exclude the properilaa, he
dl u sold that the district is weakened by exclusions. He' sold
vd „ that the district Is being set up for protection and the
residents have a right to live In a residential neighbor-
" hood.
:
a
Mr. Holt Asked if In the 19201 were the houses on Oak
Street All patnted white. Mr. Cothran orated that he was
not sun buT that from the research that he has done most !
d # of the housei were white.
str
Na Mr. Holt asked if the house is not painted a period color
will the owner be prevented from painting s portleufar
r t; Color that he has chosen. Mr. Cochran stated that moat of 1
~ 4
the houses in the dlstritt are colored, He stated that
the Commission is not trying to turn bock the clock with
y the district but trytn to provide some proteetion 'for
r t'r this older Intact neighborhood: He said that paint color
i~;r is a minor part of the proposal and a broad spectrum of
1s 1 colors are acceptable. He said that some Rouses with a
historic designation have been painted without permission, ,
Mr. Holt asked about It the owner decided to install alucl•'
lr4r ^ num siding, Mr. Cochran stated that there are A variety
I,' .?ty of sidings. He sold that the owner is required to appear
+ n > .
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Page e
before the Historic Landmark Commission and If the Commis-
t. Sion does not make a decision within thirty days the owner
can go ahead and do Improvements. He said If denied the
owner csn a peal to the Planning and Zoning Commission and
City Council.
~ Mr. Holt asked about repairs that are not economically
feasible for the owner. Mr. Cochran stated that the Com-
mission could offer options in the form of grants. He
stated that the Commission takes economic hardship Into
consideration.
Mr. Holt asked about cities of this sire that have historic
districts. Mr. Cochran stated that 110 titles In the State
' of texas have historic districts. Ms. Spivey stated that
Gainesville and Metinney have historic districts.
~
Mr. Holt asked if all of Oak Street was zoned multi-fatally
u' In 1969. Mr. Cochran said that it was all multi-family
and some of the property owners have rezoned or backicned
1 5 their property to single family.
Mr. Holt asked how many of the property owners could build
apartments. Mr. Cochran said all property toned multi-
` family except the property with historic designation and
619 West Oak.
Ms. Brock asked about the tax advantages to historic ion-
in Mr. Cochran stated that the Commission has pproposed
sn passed a tax abatement for houses with historic desI
nation. He said that it amounts to a freers on appralsa1s
41,
! for ten years and a fifty percent abatement Includinq
J r multi-family and non owner occupied structures. He said
that the dollar amount is s mbolic but that the taxes would
y
be reduced. He said that there has been some unfairness
to pproperty owners with renovations and this document ree-
l ognlis% the unfairness and underscores services that his-
ti toric houses provide to the city as a whole. I t'`
e 7F1 , IN FAVORi Richard Edyvean, 1000 West Hickory, stated that '
t 6y sTapiin# this rejolition this Commission would be making
tiy~,"E y a strong statement n avor of preserving Denton's arcbi• i
tt.,ututal heritage. He said that he is a resident property
owner JA the proposed district. He said twat they are re•
staring their house and have been for two years. He sold 4
that the north side of Hickory Street hes a wealth of small 11
and large properties and needs the protection of historic
designation. He amid that two homes have been bulldosed
and apartments have replaced them. He said that if the
district Is not approved Hickory Street will lose most of
the homes due to pressure by developers. He said that the
t district will provide character and ambiance and that. he
tests this Is the lest chance for preservation.
.rr~4•.; rat +',95 i.
Pauli Carpenter, 7.3 West Oak, stated that she and her
husband own the Lomax house. She said that they have been
very much in favor of the district for six years. She
i sold that she has admired Oak and Hickory streets for
years and was sus rased that they were not protected by a
p
district, She gold them she felt the residents have more
pp•rsoh that own!
at stake thin a rental property owner of
E~~ x fops rtf that lives out of town. She aatd that her house
Ras a hatoric d a lgnation and they had no problem in
painting their home. She said that she felt that they
y h F`" y,l were giving a gift to the citry and that tAe Went d some
r Yr rotection from the a treoit a She tall hat tie prop- ?
aril behlppd her house was bulldozed and apartments were
built. Stye seid that the property It this area to unsta•
bls and the residents are desperate and that they cannot
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Page S
go an Indefinitely, She said that the historic amb}ante
and atmosphere draw people to the area and that she urged
and pleaded for a favorable vote.
Richard Mayes, 119 West Oak, stated that his home has a
tIO11 ofcthesproposed ordlnonca toastop theoerosion Ofothe
neighborhood, He said even though his property 1s toned
multi family it does not take away from the historical mr
architectural significance. He said that he recommended
that no one be excluded from the district because the In-
testify of the district would be weakened and also is a
grove Injustice to the Individuals in the district, He
said that they needed a district, not a checkerboard one,
r
F, Mr, halt asked when the Idea of a historic district
started. Mr. Hayes said four to six years ago,
a• Randall Boyd, 1023 West Oak, stared that the ordinance has €
been In effect six years and is the response to the nelsh-
1 bars concerns. He sold that he worked on the adopption of
the basic ordinance before the Historic Landmark Commission
was created and Wore the reslitation of r historic d1s.
rt trict. He sold that he would like to keep the Integrity of
Denton. H- sold that visitors to the City of Denton ore
h
a ,Lt+.` ra{ taken down Oak and Hickory streets and at one time were
w'4: taken much further down t e streets. He sold that only
about 20 percent of the old homes are left In this area C
and fewer houses will be left If the dlstritt is not a
$ proved, He said that the Cith Council felt preservation
was Important enough to pass :n ordinance, He said that ,
this Is a fine neighborhood and it needs to be protected
a ,1 and if this area Js not reserved not only will Denton
,e^m~ suffer but so will his family, He said t at he has been
jay on the Histt:fc Landmark Commission for six years and has 1
been spppolnre. for two more years and that he urged the
Commisslone,s to approve the proposed district.
Diane Ricks stated that they had just purchased their home
at ?OS West Oak and have been there a month, She sold
*,1~`~•~ that this is a (malls oriented area and that a trend his
started on Hickory Street to preserve the houses. She
yv. « said that she was Interested In this area when she was a
11,m student and that It needs to be preserved for everyone,
s2F `y Hlseaboth Lomax stated that she urea at 723 West Oak from f
1911 to 1910. She amid that when she could no longer af-
<< ti ford the uppkeep, the Carpenters purchased the property and
have made St a beautiful home. She sold that this area
a means a great deal as part of Denton~A heritage, She said
that the historic district will aid the young people to
put 00440y in houses that are susstamtill and need to to
N maintained,
k, Jackie Swanson, Lot 1.7 with historic deslgnstion, stared ;
t~'"i that her family is In favor. She said that they are build-
L ors and ownera of apatfinetats, She said that she is t
l . opp•)sed to a variety a[ uses of these houses. She a~~ed
tar' t ar they should be preserved, She said that the house it
the corner of Oak and Bryan as preserved and made tilt a
t „ b unit apartment house and she said thhat she believed Pt
Is an asset to the neighborhood,
pesky Wright, 912 West Oak, stated that their home is not
a historic houstt because ft ~taes Pufit in the 1910a, S e
said that file c atoctst O 1t A ataric area needs to to
s. , a+y preserved for future renetations, espQecially the historic
designated. She said that she has hived in this area of
Ir# r¢ town for 6 months and Is fn favor.
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August 1S, 1986
Page o
Russell Smith, 108 Marietta, stated that he has rental
property In the proposed district. He said that historic
should be A
Ind He said lrels al small
gesture and is in favor,
Murray Ricks 705 West oak, stated that the Chamber
ti
Commerce uses Oak and Hickory streets as a setingpolnt
for Denton, He said that Denton needs healthy growth and
needs area that s y
needs t0 be asensa ofhistoryandHIaamuch In afavor,
I' Don Vann, 111 West Oak, asked those In favor to stand,
M Approximately 15 people stood up,
OPPUSEDI Bill Doggett, 918 West 9ak stated that his
property had been excluded because of his fight against
+1 ' ! the proposed historic district, He stated that he ippre-
} elated the time, money and effort expended byy those proy•
arty owners in this dl strict in preserving the beauty of
' i the old homes. He said that he is not at all at odds with
the Idea of historic preservation but is opposed to the
; stringent restrictions of the ordinance. Ile said that he
plans to do extensive remodetJrg and refurbishing of his
7 ore and would like to feel free to choose the archltec-
t
t , pslnt, brick, and other materials that he deems
y~ s u appropriate.
ty , ' Mr. Claiborne asked it he planned to use masonry, i At
„ f Mr, Da eeft said that his Intent is to enlarge and he I
would ilke to use brick on the lower and front parts of i°
the house and shutters on windows,
} °p x r4'`,aTf Terrell ling, 714 West Hickory and 601 West Oak, stated
4, that his first opinion Is that any Individual who wants
historic doslgnatlon for his property Is certainly antl•
"jf r tied but he does not feel that anyone should be forced to
have historic sonJng. He stated that he had a difficult
time with his property at 714 West Hickory In regards to
the Historic Landmark Cemmissiun, He stated that this
r property Is roved the neighborhood and numerous people E
t,+ fart In their parking lot because there Is not room enough
for ad scent renters to yark, He added that if the dis-
7~ trfct s approved It v!! detetlorate the neighborhood,
gob Crouch, 111, 1141 and 114 111 West Hickory , stated
that he is not opposed to an Individual's right to ask for
and receive historic designation on his DDropoertyl likewise,
other Droperty owners have right to use their property for
a+~ what thhey data appropriate. He added that he would like
to have A!s properties excluded trot the dlit let.
ik rr Mr. Holt asked when he bought the property. Mr. Crouch i'
stated that he bought the properties In 1966,
c',c 4 1' Mr. Crouch asked those in opposition to stand. `
Approximately l8 people hood tip,
y+ Mr. Holt asked those who are opposed that live In the '
u t^,r t<, district to stand,
Approximately 6 people steed up.
H. W. Lantrip, 1004 West Oak, stated that he would like
very ruch to be excluded, He raid that he thought this
was a free country and he felt he kept his property is
upp
r best he could, He said that he Is not against historle
designation or the district being next door to him.
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Page 7
Mr. Reiman asked Mr. Lantrlp about the goning of his
e property. Mr. Lantrlp said he thought rultl•famlly,
Bob Pearce, 903 West oak, stated that the other side does
not have a monopoly on want$ni to preserve the old homes
and that he has been practicing historic yyreservation for
the past 20 years. He said that the polnt is that there
are two groups and one group Is trying to make it look
like the opposition to the district Is against preservla
old tomes. He said that he sent Lotters to everyone that
didn't have historic destination and he total red ti 1at•
ters from these tracts that agreed with him, Ile sold that
those in favor were trying to gain control of those who
' did not want to be included, He said that the Denton
.u
Board of kealtors passed a resolution in opposition to
formation of this district two yyears ado and believes It
still stands. He sold that he Delletilet that the or ument
` F about apartments his nothing to do with this D.istorte
w i I district,
s Ms. Brock asked how many that agreed with his letter ae•
tually live In the district, Mr, Pearce stated that ten i
theesinetrightsto,1pose, sMs. Brocklstatedtthata had
thely
t Interest was a little different.
` ,r 4r s Ms. Brock a sked if hla plan for praervatIan of the histor•
" reis nature ( pak SSffroot is by v luaptoey let on, ghe a ke¢ x, fg Re woul~ 11ke h1a house to a~t 1a SsolAtton and wou~dM1 r
he prefer to preserve the context in which his house sit ,
Mr. Pearce crated that the market piece has taken care o~
this problem because the houses are too valuable to feet
y ` down. Ms. Brock asked about a reversible market condition.
t q F " Mr. P arce stated that these properties ere too such In
iv71 .1 ~N
~r t Mr. Claiborne asked whet If apartments were built on both '
sides of his property, Mr. Peetce stated that a historic
s, ''4 w destination would not prevent this from happening. No
t't1~`~ + + said that If the property Is toned multi -ftotly that no
II
Heesaid they the property owner couldb tears downpall exist-
zaft'g
Ing structure and could get approval from the Historic
Landmark Commission. He said that It the property Is
°F zoned single family on both sides of his property then he
would be protected.
+a Mr. Claiborne stated that the property owner would have to
' aPpear before the Historic Landmark Cow) aston the Pla44•
nfn! and Zoning Commission and the City Counclf before de•
y meIIIhIA to build apartments. Mr. Pearce sold that the
inevltabte could only be postpDoned for three months, He
4 . said that if a person h4 s to +o before a board for perrls•
slon to do improvements then rights ere being taken away. !
Don Davis co-owner of 400 West Hickory, stated that this
s 'u o
pro n Rlltaewspeoperty.AlHalii defhetmAee!!oE gopya it ]o (minis #
ti +J, because the proposed district is not In his best Interest.
Its said that tax'dollar$ can be better spent in lieu of
budget cuts and hard times,
~nr { Lee Le Clair, 924 West Oak, stated that be was in savor of
",y~ 'w maserYJn!! hpo erchitectueal sf niticanse in the true
t 1 Rlstortc buildings throughout tRa cty but cannot support
this historic district because of the wiry the ordinance Is i'
,;.t tier. written, He said the ordinance afft blishing historfz ton-
In$ Is a great usurptich of the rlBats of a property owner.
114;x`: A , He raid that the ordinance says 60 days before a property
e~ • owner can do what he wants with his property If no decision
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August 13, lv86
Page I
one Landmerk Commission Instead of 30
sathe id that Historic
is made days. He by
Commission the recourse Is City Councll only on demoll-
tlous. He said if one doesn't agree with the Historic
Landmark Commission It cannot be browapht back before the
Commission until a year has lapsed, ke said that the resl -
dents are not able to make their own decisions about their
house but a gover," nt alpo~nted body can. He said at the
Historic Landmark Commission public hearing, even though
the oppc,sltlon was two to one, the historic district was
passed unanimously. He said that the proposed historic
district has not followed the letter of the ordinance but
7 a perhaps the spirit, 4e said that he would not op age with
4 these conditlonsi t) only facades visible iron the street
could be restricted; Z) Current set of pictures of street
facades be taken after City Council approval within 10
days; and 3) Grandfather existing residences and aid a
clause tnat states as the boundarles noted now that it
ap- plies only to those residents voluntarily enrolled by pre•
sent owner and such enrollment to be Irrevocable and all
residents not voluntarily enrolled shall be automatically
t enrolled at change of ownership.
t Mr. Claiborne its •d that the third condition Is not pos-
sible because of ownership versus land use Issue. He said
that this Is not In the realm of the Commission.
I,t Ms. Brock asked how long had he It wed In the area.
Mr. Le Clair sold two lest% and prJor to that he lived ~n
yw „ a A tract home In Lewis r Ile and Hated Jt. He said that o
could not accept a government agency coming In and saying
what is best !or him. He stated that he has an apartment
ibuilding next to him now that Is much older bur he would
r ` ri ' ,`al respect the right 0 the owner if he tore the structure k
down and built new apartments rather than let the existing >
structure deteriorate.
Mr. Claiborne stated that the ordinance and proposed
district is a mechanism to challen a demollrlons.
Mr, Le Clair stated that he would 41ke to have that kind
of mechanism without having the other requirements.
yi} S'rAJ:P R6POAti Ms. Spivey stated that there Is strong
I'll )eeelingsind opinions oh ,v0h sides, She sold that the
`yyr„' A'. ionfng ordlnan:e defines a historic toning district as a i.
eeoiraphlca l areo osse sin a si lei IIcant concentration,
in age or continuity o bu~ldlAll structures, sites,
a areas or land which are ual red by architectural, bistori•
cal, archeological or cultural Importance or Significance.
b She sold that the Historic Landmark Commission ~ias voted
specifically on oath property to be included and criteria
Sheet tte avaf ble in the fiky and the sdnutes. She ad
d- t~iAt the ordnance Stotea that the atructura have to
meet one requirement. She said that this district Is Dar-
ti titularly concerned with Nest Oak and West HJckoeYY. She
i ro said that there are currently It structures with historl-
col designation and all other propektles in the district
are eligible for individual 4e11 n lion. SAe f id that
i
most of the structures were buff ~y that earlyUSIA
as$
Yr and chic lesaers of Denton, She sold that the ate Is
eligible for a hl storit district for the following rea•
sons; 1) some structures have Architectural II=nlfi-
it ,1 vd4 cancel w 1ue as put of that social, cultural and
rJj't0 hi start c heritage of Union, 1) area hu Identified with
I!; a person or persons that haws contributed to the culture
tiq° ;1', g' or development of the city and tram does har• Aspect
)r of community Sentiment or public pride. She sold that the "
!a Zoning Ordinance declares as a policy for the nature of
''+•r' historic preservation the following putposest 1) to
pro- tact, enhance And perpetuate historic landmarks which to-
~Y.
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August 13, 1946
page 9
present or reflect dletlnctive and Important elements of
the City and the State's architectural, archeological,
cultural, social, ocanomic, ethnic and political histor
and to develop appropriate settings for these places, 1)
to safeguard the City's historic and cultural heritage as
F embodied and reflected in these landmarks by establishing
a to roprlate regulations, S) to stabJlige and Improve prop-
arty values In these locations, I) to [ester c1vlt pride
In the beauty and accomplishments of the past, s) to pro-
tect and enhance the Cityy's attrartions to tourists and
visitors and to provide Incidental support and stimulus to
business and 7jdutorpromotetthetusegofpeh storicolindmstks
for the culture, prosperltYy, education and the instal 1
welfare of the people of the City and visitors ~o the
i hCit. istorichdlitrlethwouldecomplylwitheth pollcfesoofsthe ~I
;G~ Zoning Ordinance, She paid that the Historic Landmark
"•1 Commission considered this Item at Its July 30, 1966
meeting and voted unanimously (8.0) to approve the pro-
posed district,
Ms. Brock asked about historic designation and what it
y Involved, Ms. Spivey stated that those property owners
;a4 have applied to the Historic Landmark Commission Eor In-
v divldual designation as a histor a landmark She added
that they have provided Information to justify their
°"'µfs claims tnat the structure is historic, She said the case
Is then forwarded to the Planning and Yoalnt Commission
4 t'•' and then to the City Council for adoption of an ordinance,
No. Brock asked It this amounted to sppot historic aoning0
lp She asked it they hao 7o have perels,slon to do remodeling,
Ms. Spivey said yes, she said that the property owners
with a historic designation have to get permission to re-
model exterior and request a certificate of appr% riate-
' noes by submitting plans and nature 99E remodeling. She
said that several had been through tRls ptocsit.
Mr. Claiborne asked how Gainesville and McKinney handled
than es In their districts. Ms, 5pIvey stated that with-
f,; ; out he ordinance she could not tell between tho d!!fer-
tr~, ence$ or similarities.
xra Hr. Claiborne asked Jf the bails erlterla is by the U.S.
+~r Gepartmene pf the tgterloe, Ms Spivey stated that the
standards that r e liter a Lanamar Coma ss on has pro-
posed to be sdopted as part of district It approved are
the Secreteey of ]starlet Standards for ReAablllttaffop
She amid that they are the suggested guidelines [or the
proposed dlst let.
r
BBUTTALt Mr. Cothran stated that ha appreciated those
+ k w sp a In favor or In opposition, He said that Mr. Le
Clair's statement shout sp earln before the CItg Council
' 'r } In 60 days Is incorrect, ifs taf~ according to the ordi-
nance a CCetitioner ■ar apfeaJ~ within $0 days to the City
~Ck4,= F"r Council after a Historic an ■ark Commission decision, He
t
9 r said that It has been suggested that the erlterla sheets
for eael property have been poorly done and that Is lneor•
rect. He stated that Ae behaved that there are more than
3f structures in this district that have historic slgnlfl-
~,r4 eance. Me sold that the pictures are not out-of-date as
0~° ° suggested and were taken titer the demolition of 111 West
Hickory, No stated that his seat oil the Comallsloh 1e not
e con( let of Interest but an example of neighborbood in•
:r put. Ne maid that he received Me, Pearee'a letter and sent
t beck to his, He aced that he also sent the letter to
fifteen other people and that number was not reflected In
Mr, Fesreels figures, He said that this Is an opportunity
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August 15. 1940 I
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to make a statement on how the city wants to live and de-
velop, He said that he recoyynized DDroblema with the ordf -
Itnwasahlsestewardshlpuas & citizen Htosmaintain rhebpperJpaay
thisnordinanceeprovidestaymechanismmto a Slow down thedp~hat
Cass of decline.
Chair declared public hearing closed,
DfiC1SluN~ Mr, Clslborhe stated that there are val
on`UofNSides- He said it valid argument id points
x. ' to stop erosion of a historic at on our I n
favor Is
their He
{oat as said that
,a a C ea oamisslon to pre;irve Denton,
that he wished a Hef laid
historic district existed eighteen years
iP h ago before a [o! of the erosfoa o
Boulevard and Dennis tree. He sa cidcturhatred bth:et,ween opposition
on had
a legEtfaate rompLlnt In that they would have to appear
before the Historic Landmark Comm
exterior of their house ssion before Chan fng the e
Y . He said that a re historic d1strfcf
would help preserve the facades ad properties with histor-
ic deaf
nations because thtre is a lot of multi- malty
x son) rig
n this area. He said that there Is sufElefent
architectural styles on Hickory Street to Include as welt.
„ w ] He said that he would favor distrlet as
proposed,
No, Brock states that several of the Commissioners have
gi, F'1 been on the Land Use Planning Committee whirr has ea i
1 a strong concern for maintalnln pressed
Denton s distinctive character andpaepatategand entel,csffl,eg
meld that this area is a community re sour i dent f ty
the ce. said tAat ^
he Cumafssfon ass a responsibility to people and they need
t
J pport and protection
from the cammunfs :a
1tf5a b ..gi p that she Is proud to show newcomers and visitors Oak+and g."
e
Hickory Streets, She said that tell proposed district Is a,(
a step ]n the H{ht direction.
;,y; ~r MrHolt stated that the argument of takln awe
_ rights 1s a phElosophfcal argument. t y Property
t 1 He Bald that he didn't
trailer how mportiat material things meant to hilt until
he came back to Denton after twenty years and ties hur•
prlsed at how much was one.
has to waive private rljhts foretAefd that sometimes one
tic that he was fortunate enough to see fhelIC toed. dHe said
1t`', a form in San Antonio. He said that Gainesville attributes MI
tx 5 t its success of the historic dfst0tt to Its ordinance. He
dC7~ Al rsaid that if they can do anything to pr eSet ve'some of the
Past, he is in favor,
t rY* 4 Ms. Brock moved ro recommend approval of the bak•Hlekory
Hfstorlc District, Seconded by Mr. Bscue,
r YR `rdY Mr.~Escue stated t,1at everyone has to ablde by rules trey
don't like but that the unierlYJn i v 1
district would be better for tee oltyllosbphy Is that the
1Motion unanimously carried (1.0),
B, 2.1827. Petition of Oak Hill Joint Yen u l's requestin s
91
yra r7finje in tonlmg from the agricultural jA dfltrfet to the
Df
planned development (PD classification and approval of a
concept yIan an in 10.401 acre tract located an the South t'
if le of !mat Mc[lnney Street UK {26) a proxfflately ! sitars
p;r*`rtljt , 4, v. east of Loop 2U. the pDroperty Ia further described at a
tract In the Gilson Walkar Surrey Abstract lsl0, If ap•
proved, the planned development will permit the following
Y land useai
,
,
HLC Minutes
July 30, 1986
Page 1
r PUBLIC HEARING
Petition of the Denton Historic Landmark Commission requesting
historic landmark designation of the West Oak Street Historic
District. The boundaries of the proposed district are as followss
South side of Oak Street from Williams to Welch streets, I i
North side of Oak Street from Williams to Fulton streets i
South side of Pearl Streer from Wllliass to Denton stree?s, j.
North side of Hickory Street f r,m Williams to Welch streets, i
The property is more particularly described as City of Denton block
numbers 328, 329, 330, 336, 176, Fib and part of block 175,
Chairman Cochran opened the public hearing and requested that
individual coanents be limited to five minutes,
Penny Edyvean, lODU West Hickory Street, asked how the historic
District would affect her.
tilt r w
Mr. Cochran stated that •i historic district is an investment in the
homes and increased protection of the neighborhood,
t 1 Mr. Lowry stated that historic sonine and historic districts overlay
th.t existing toning. He said that the historic designation would
q i4 not affect nonpublic or interior environments but only the exterior
` K°°~.
facade.
+ MI t} v ( L. S. Forester, 710 W. Hickory, asked what could be changed on the
exterior facade.
Hr. Lowry stated that regular ■ainrenance and repairs could be
performed but that architectural changes would need the approval
st s, ,F of the Historic Landmark Commission.
Mr, Forester asked if he could dem,tlsh his structure.
Mr. Lawry stated that he would need the permission of the Historic
~1y ~`-J+ Landmark Commission.
rkc a' 1 Mr, Cochran Mated that the llrtoric Landmark Commlasion took into
consideration the economic ability of the property owners to
maintain the property,
Mr. Forester stated that he objected to the pro osed historic
% a, dist:ict. He said that he owns a do spidoted old house and plans
only to keep it in a condition so that it can be occupied. He said
that he doesn't want to be handicapped where he would be unable to
sell or demolish it.
t ,4 Mr. Lowry said that historic toning didn't affect the owner's right
rJ to sell the property.
s
g`+ a Mr. Forester said that he wax afraid that the historic sonlnjj might
decrease hit property value. Hn said that the only use for hia
structure is as rental property ro college students because the I
structure is in such poor condf N on,
Mr, Doyd stated that historical deslgnations usually Increase ?
r'.t property values,
Mr. forester said tnat he is willing to take his chances. He said
1 that personally he felt it would devalue his house by restrietla
"t {y~ uses , He asked about the historical value of his structure it HO
West a
f ~
• iy
Mr. Cochran said the house Is of value because It is in a a`
neighborhood with a collectid , of historical houses and it has a f
relationship to them.
ewr
71
J a L. ♦ ' w.w +.-..._..~~i_., «..-w.nu a..«. n..rnMik hLE MYI bFY.rA!1'w [nM JN v
F
try 1
I,,.
Y
i
HLC Hlnutes
July 30, 1986
1 Page S
i~
Mr. forester stated that the houses on Oak Street are for superior
to those on Hickory Street,
Robert Crouch, 801 North Locust, stated that he owned a four unit
apartment at 312 West Hickory a sin le family house at 114 West
Hickory and a arege apartment at U 1/2 West Hickory, He said
that he opposed the placing of his properties in a historic district ,
because he felt It was a violation of his rl hts as an owner and a
realtor to have someone else decide what cou~d be done with his
property.
Mr. Lawry asked if he opposed zoning as a philisophlcal issue.
1 k:
Hr. Crouch said he did not oppose zuning for those who requested it,
but he did not feel it was right to oe forced into a zoning
de:lgnation.
Mr. Lawry asked hie if he felt all zoning shottd be volunta:y, y
Mr. Crouch said that he objected to having his sights removed.
He said that it was wrong or a commission or s Dorsen to tone his
propperty. He stares that property owners have the right to make
declslons about their property unless the property is condemned by
al the government using due process,
pi .
Mr. Cochran asked Mr. Crouch If, as a realtor, he had seen any
indication that property values decrease as a result of a historic I r
r t sy~ Hr. Crouch said no.
Mr. Marino asked if this is the first time Mr. Crouch had heard of ,
the proposed district,
Mr. Crouch said that this is the firs) time he has articulated his s
r t"r „ objections because this Is the first time the district Included the
I9 ,tl{ whole block.
Mr. Boyd said that this was the third public hearing on the proposed j'
; historic district. He said that pearl Street was not Included in
„i the first hearing but the boundaries had remained the same in the
'.i second and third hearings.
'rr S or r.
Herman W, Lantrlp, 3005 Gregg, stated that his house had not been
included In the previous boundaries of the proposed historic dis-
r{+~A^Fg' tenet. Ha said that he pputchised hit house 30 or 40 yearn atto old t
has made lgyrolements. He stated that he wlshet t6 be excluded iro■
fir; Y the proposed district, He said that the district is fine for those
who wish to be included but that he should not be forced Into a
historic district. S
I1~ Bill Doggett, 018 West Oak, stated that he had been opposed Eton
the be nning and had articulated this fact at previous Meetings.
He tti~ that a man's home to his tastla and that he or she should
have the prerogative to do what it best for Itt within reason. No
told that goal of the property owners In the proposed district have
renovated and Improved their homes ustnl their own discrstlon, He
g
l said that this is their right as property owners. He said he had ; ILI
" no oble<tioa to anyone who wants tAe1r Aore included !n the historic `tr
t F;, l district but that a didn't wish to be Included.
r; Mr. Cochran i..o.ilred as to the color of his house, j
4k Mr, Doggett replied that it is 1! bt gray. He amid that it needed I '
' painting and that he intended to improve It when financially r
;possible, He said that he Intended to rely on his own rmats and ' l
7f k would not paint it purple or add ail inappropriate facade, is
~'~2}i~r4 Mr, Cochran asked him if he thought it would affect his property i,
y r, t, ? ft { value if his neighbors palntsd t~air house purple, ,k.
I+
5.0
, k
~ 11 pf;'4~. I ° s
n ,
r r , M'ra"" __..,..,.isw,r.+Pay.sq;~.r.,nzua~t~r~torr7.a;o„.,...~_•. k~V
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3
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HLC Minutes
July 30, 1916
Page 6
Mr. Lowry said that the ordinance is intended to prevent inappro-
I prate painting or renovation, not to restrict the property owners.
Hr. Do3Qart said that he had f 'th in his nellhbo0a. taste, and that
in the future he would fix his Luse as he saw fit.
Mr. Cochran stated that Mr. Doggett's house was noted as excluded
but is eligible for inclusion in the historic district if at sole
time in the future Mr. Doggett or a new owner wished to leave the
property included.
Leighton Le Claire, 421 West Oak, stated that painting is maintenance
G and includes the right of color choice. He said that the painting
issue was the nosa ridiculous point in the ordinance. He said that
he opposes any ordinance that restricts his right to choose paint
color, roof naterial or add siding to his home.
M:. Miller asked if he would object to the neighbors painting an
< a obscene picture on the house. j
Mr. Le Claire said that he would defend anyone's rftbt to do so and
would strive to maintain a relationship with his neighbors that
yi .y would not drive then to such extremity. He also s Nted that unlike
some of his neighbors, he was not opposed to the idea of a historic
district. He said that the ordinanee should be written to preserve I
the cultural value, but not restrict the ri`hts of property owners i
ktifi ' in the district. He said that a historic district might increase
property values but that he did not wish his property to be included.
a
~~sr Mr. Lowry stated that in ordinance allowing the historical sonin of
~E `!t r I lnddvidua! properties and regulating the establishment of hlstor~t
3r districts wa. passed in 1980. He said the ordinance has been filed
with the 1'nited Stated Department of Interior so that the people who i
t have historical aonin would be able to obtain tax advaatagee. He
' said that a cartificaIa of approprlstenea$ is a blank for■ that can
be ftlled out and is to be used as an internal document. He r4 te- ,
Kff F w r; rated that the purpose of the public hearing is to decide which
ldrs M 1 properties would apply to the City of Denton Ordinance 80-30.
Hs. Edyvean asked if her property 1s included in the proposed
historic district.
E Mr. Boyd said yes.
t p,A " He, Ed vein said that it had been mentioned that theta is a
y
posslbility that pre erty values would increase because of the ;
historic district. She said that she Could foresee that posii
rro`, r" bility on Oak Street but not on Hickory Street because there are
it so man1~ + artments and hoaes that st! aot well mainte}aed. She said
a that she ~m afraid that a historic district might cause her property
/ to be valued it more than anyone would want to pay to live next to
run-down houses or apartments. 1 -1
% =r vs
Hr. Cochran laid that It is the hole of the Historic Landmark
} Commission that the historic district would be an attractive nature
of the nslghborhood and would encourage land owners in and around
t u the district to maintain their properties.
Ms. Edyvean asked it future owners would be prohibited from putting
h1 in apartment codplexes.
Mr. Boyd stated that the ordinance does pr1iblt chi% ng the
histor cal nature of the pproperty. He safu that the lsteric Land-
N mark Commission and City Council would have to apHs rope a derolitlon
p
r v, of a house sad its replacement with apartments, said that cut•. 1
}W rent uses are not in any way affected by the historic district and
' the purpose of the district is to oilntmin the character of the )
t getgbbothood He also said that the property is urremtly toned
h i tc ` of residential type uses and any other usage would r4u re a toning
r,
r ly .
Y ~r
t t I-J ti
yy r
- I rtws ~ „e 4 ,:•ahe'.... ..'y: s:+t~.d' 1.::ia6w:r.,.,v..,. . _ i
1
A
I
F
i
3
hLC Hlnutes
July 30, 1986
Page 7
change. He said that although the property owner might lose the
abilityy to put in apartments their neighbors would also and there-
fore the neighborhood stability would be maintained. He said that
the very nature of xoning is to place certain restrictions on prop-
erty owners so that the surrounding property can be protected,
Ms. Edyvean asked if she could remove ■ porch that had been added
after the house was built.
E
Mr. Boyd said that if the exterior facade was affected, a shirt
appearance before the Historic Landmark Commission would be neces-
sary to explain the reason for the action and a certificate of
appropriateness could be lsr J. He stated that this is only a
precauti0narey step. He sale that the Historic Landmark Commission
s would not deny requests that were in keeping with the character of
the neighborhood. He said that to his knowledge the Historic Land-
mark Commission had never denied anyone with a reasonable request.
Ms. Edyvean asked how long it took to process a request,
Mr. Lowry stated that the i'istarie Landmark Commission meets once
a month.
Mr. Boyd stated that the historic Landmark Commission had never
v " turned down a request for a special meeting.
.Y .v Mr. Lowry stated that the Historic Landmark Commisslon's guidelines `
are cross-referenced to the Secretary of the Department of the
11t"• Interiors Standards for Rehabilitations and the National Trust for
a2 Historic Preservation's Guide to RehaLxlitation. He said that these
1;, dtie documents are legally binding upon the Historic Landmark Commission.
Richard Edyvean, 1000 West Hickorfa , asked if the proposed historic
apt'.r ! district would affect the single mily and ■ulti-Family relatfOn-
ships or if it just affected the exterlor maintenance of the
1 t 5' buildings. %
Mr. Boyd stated that the basic zoning that is already in place would
unaffected because the historic xonin is an Overlay t
be ypo of son-
Ing. He said that it would be possible ~or back- xoning to occur if
r:y anyone wanted to change their zoning back to single fully.
Mr, Lowry stated that Ordinance sO.1D dealing with the establishment
N5,,y0Ja of a historic district is an amendment to thn City of Denton Code of
M Ordinances. He said that a set of standards Aave been requited and
the Historic Landmark Commission has adopted the standards used by
ol:
° the United States Department of the Interior.
f s Paul Davidson, representing Delta Sltaa PAl Fraternity Gamma X1 at
1018 West Oak stated that his organization Is opposed to beln
included in tie historic district because they are unsure of t eit
= A< Y v
future plans for the property, y
Mr. Lowry stated that the Historic Landmark Commission had originally
w =Y T"y, r, excluded the property but the last Issue of the fraternityia publics-
Lien fasted that the buildiae vas about to be included in a historic
111 $ district, He sold that he had talked to Hal Jackson, a topreaenta•
live of the Alumni Control board, and had been told that the fraterm-
y,r Ity wished to be included.
41! Mr, Davidson stated that the organisation wished to be eligible for
+ inclusion but not included in t a historic district.
a Mr. Lowry stated that the Historic Landmark Commission would need
a statement in wtitin to that effect because they had included the
s property due to a statement of Hal Jackson, tba Control Board's legal r
r ' a F representative.
a' ly Briar, Kruger, 611 West Hickory, stated that he is opDpposed to the
district. He sold that althou h the north side of Hlekory Street is
t > s k included in the boundsN as of ~he historic district, the name of the
.i r . r. a. ~..r.. i-...n" i i.... .rnr s..... w 4wp~i fA~.. n...~.. 1
" -wr+:Fir w++4~itl-i~~R':~t tl°.1i1~$+°MIR"~•'p'h,l.wrt..
'
a. .C.
HLC Minutes
July 30. 1986
Page 8
district is the Vest Oak Street Historic District. He said that he
felt that the houses on Oak Street were well protected, but if a
home owner on the north side of Hickory Street did any Improvements,
there was no guarantee that the property on the south side of Hickory
w Street wouldn't develop Into apartments and ruin the Investments of
home owners on the north side. He said that if there is going to be
a historic district, it should include both sides of Hickory Street.
He said that everything on Mulberry had been built after 1950 and
everything on Hickory was alder so it would be better to draw the
boundary line between Mulberry and Hickory instead of dowi the middle
of Hickory Street, He said that he would be in favor of the district
under those circumstances. j
Mr. Boyd stated that Mr. huger node a good argument for the
Inclusion of the south side of Hickory Street, He said that the
+ boundaries had to be drawn somewhere and they bad included a whole
bloc He said that the south side of Hickory Street is likely to
be adied to the district in the future.
Mr. Kruger said that there is no guarantee that this would occur in
the future and asked if it is possible to change the boundaries now.
Mr. Lowry stated that there is a time limit nvolved with the passage
ff of the district. Me said the Historic Landmark Commission would
have no objection if the property owners on the south side of Hickory
Street petitioned to be included in the district.
Mr. Kruger said that he supported preservation but could not support
grict "t Street ois s included historic Sn rAetdUtri~iess the south side of Hickory
Mr. Cochran stated that the petition for historic zoning had come
from area residents and that the historic district was not an
F Fi. original idea of the Historic Landmark Commission.
Ms. Conrady asked if resldents of Hickory Street had signed the
petition.
Mr. Lowry said that nobody on the south side had sighed, just the+
4,? e r p . north side.
Mr. it Claire asked how many persons had signed the petition to have
historic zoning.
A" Mr. Boyd replied about SO or 60 had signed.
Mr. Le Claire said that there were not that many homes in the
district
rlr. Lowry stated that some properties were jothtly ownod ~y more
than one person.
Mr. Bdyvean stated that he is in favor of the proposed district, and
r y t
would also be in favor of the inclusion of the south side of Hickoryy
Street.
Richard Hayes, 819 Nest Oak sv od that he felt the ■sin issue of
He said that he
concern is the boundaries o the proposed district.
was In feral of at least the boundaries as presently drown and that
no Individual property should be excluded in order to maintain con-
sisteety and orderly development of a significant historical arts,
'+ta° Murray Ricks, ]OS Nest Oak said that hit family had lived in Denton
for four Qeaerations and teat Da had alvays been proud of Oak Street
1 and the old houses In the area. He said that over the years he has
a t $een ltrepltcable houses fall by the wayside. me said that the n' ~01
ira eocooa or these
historic istrl:t will function as a protect
requested,shHelsaid thatttheahisterfe dfitrictswouldimprove and
enhance the City as a whole. r
i
Y
P { 1
A
ALA, A*
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HLC Minutes
July 30. 1986
Page 9
Ms. Conrady stated that she agreed with Mr. Ricks, She said that
when she moved here from Baltimore, she wondered about the historic
} consciousness of Denton. She said that she is proud of Denton and
that is why she is on the Historic Landmark Commission, She sal,!
+ that the goal of the Commission is to protect, increase the value
of, and create pride in Denton's history, She said that anyone who
has ever traveled to a historic district can easily see the value of
one.
Chair declared public hearing closed.
,F Mr. Cochran stared that he owned rental property within the proposed E
district and that he is wllline to accept the obli ations involved.
He said that he felt it would increase the value o~ his property and
that he considered the entailed obligations a gift to the community,
Mr. Lowry stated that there is a notion that the ordinance allowing
for the creation of a historic district appeared overnight. He said
that the notion is Incorrect. He said that a number of residents on
Oak Street were concerned about what was happening to the area.
These residents as ked the County Historical Commission what could
a be done to protect their neighborhood, the County Historical Cox
•
mission asked the Texas Historical Commission which sent a City
Preservation Officer to Denton to seat with the yyropersr owners.
It was decided that a historical district would be the East approach
+ to solving the problems. A subcommittee was appointed to look at j '
model ordinances. The Denton Ordinance rook two years to create.
;s Public hearings were held, the ordinance was revise
and endorsed
%
by both the Planning and Zoning Commission and the C.ty Council.
' The briskell Hotel case testeJ the Austin Ordinance upon which the
Denton Ordinance is based. The Austin ordinance was upheld although
,•r its lack of time limits was criticised. Time limits were then in-
n eluded in the Denton Ordinance.
'
Mr. Boyd stated that the ordinance has good and bad points, He sold
1r F, that on a whole, it is ood atte■Qt to do a good thing in preserr- `
r, ins the historic natur::01
f the net aborhood. He said that he
believes that Denton ia better c~ty because of toning and that 1
?I• the historic district ia step in the right direction, i
`r Mr. Marino stated that the houses on Oak Street are getting older
and that if they aren't saved now it will be too late.
h
'Al
Mr. Miller said that an exam 16 of lack of zoning is Houston. He
tt+~ said that the historic district does not lust include the finer
{~",tl homes but also sane modest homes. Ye set that the historical value
of a structure does not depend on how fine it is, but that the struc-
ture is part of Denton's history,
Atstriwry asked about the possibility of changing the name of the
t + Mr. Morris sold that a name change would be all right, but no
A~ ttr~ ~r substantial changes could be made at this stage in the process
without another public hearing. He clarified the process by saying
that the Historic Landmark Commission's recommendation goes before
a r the Pleaning and toning Commission which will also hold a public
~i hearing, He said that the Plannig and Zoning Commission than makes
a recoas<ecdation to the City Counch. The City Council holds a
public hearing also, and if the proposal is passed a formal erdi- 1
,k< t nonce will be written by the legal dapartment.
L`s Mr. Lowry moved that the name of the historic district and all
the $up H Dportln++ documents be rtrtltled to the Oak Street and Hickory
streetlstorie District. Seconded by Mr. Boyd,
x r Mr. Boyd amended the noes to the Oak Street, Hickory Street, Denton '
4 Street, HLstorie District. Seconded by Mr. Marine,
1 y '
1,14
t _ Y" , - r ad LY i.n la I+f' q.LM1'1},f~~{' NN.
ti
z
HLC Minutes
July 30, 1986
page 10
Ms. Conrady asked if there was a better term. She said that
the pproposed name was too long although she agreed with it
phllisophlcally.
Mr. Lowry said that he would vote against the amendment because
it was unnecessarily complicated.
,tA< Mr. Boyd withdrew his amendment and Mr. Marino withdrew his second.
i ,
Mr. Boyd suggested the First Denton Historical District as a name.
Ms. Conrady moved that the name be the Oak-Hickory Historic
District. Seconded by Mr. Fickey.
Noll call voter
M.'+ p Boyd - Aye
a'
Conrady -Aye
~i o Fickey Aye
Lowry Aye
R rr~ } Marino Aye
? + Matthews Aye
Miller Aye,
Cochran - Aye
Motion unanimously carried (8-0).
~L 4 I k d I
Roll calf vote on original notion: i
- Boyd - Aye
i
Coar Flckedy•-A Aye
h" y ye j,
Lowry A e 1
M r tl. ! a
Mating -Aye I a'
Matthews • Aye
r Miller - Aye
r' Cochran Aye
1 4 Motion unanimously carried (8.0).
„rF • ' Mr, Flckey stated that he understood and a preciated the objections q
of some of the property owners. He said tat he is a public servant
and .rants to help people. He said that other hfatoric distllcts he
had observed were attractive and did not deyyreciate property value a.
} He amid that he felt the Oak•Hiekory Hfstorle listticf xal needed E
y yesterdays
~t Mr, Lowry moved that the Historic Landmark Commission recommend
)r1b' ,a *,w, fI a ttoval of th 0ak•HickO y Historic Diitr ct to the Plss'.fn and
~t toning Cosoiis~on using toe boundaries as fawn and with thegexclu-
t. sion of those previously noted is eligible but not included,
Seconded by Mr. Boyd.
Mr, Cochran stated that he appreciated philisopDhically the ar Wheats
x n u v that had been presented. He said that although everyone in tth0 He,
r. ttict may feel a little Intruded upon he felt the histetic d! t'iltt
} r, would protect the owners inyestaXs In their homes and would be of
benefit to the neighborhood. He Invited interested persons to feel '
free to discuss the matter with his or other Historic Landmark Cot.
mission members.
}TM}r`~.yi'rr~ + , y . 8011 call votes
Coo adyA- Aye
Fickey Aye
Lowry Aye
t... Merino Aye
Matthews • Aye
Millet • AY0
5 y ` Cothran • Ayl~e
.y .h Motion unanimously carried (1•0). y
Mr, Cochran stated that the proposal will proteed to the Planntnj
and Ioniat Cormlislod and City Council. He invited the iudietlca
to exercise their rights and attend these meetings.
Me JotVr(rem$1ed to adjourn. _Seconded by Mr. Miller and unanimously'
r.
a' q
yr r a wry ."..IF.fiaYll NP6K.Ma f , ,
r
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HLC Minutes
July 14, 1966
Page 1
Ms. Evans replied that there are enough applicants presently,
She said it was slow getting started 1r 1984 but that there
are applicants now who are in the process of getting con.
i tractc:sI bids.
Ms. Evans stated that the rehabilitation program is a latching
program. The City it given $S,000 and the property owner must
match the $5,000. The property owner has until the property
is sold or 1( /earn to pay his share at zero percent Interest,
` The re uiremr.t may be changed to put a lien on the property
{ instead of r 4uirinI repayment.
Mr. Cochra asked how much the CDBG office has spent on the
project.
Ns. Eva a said between 5200,000 and $ZS0,000. She said that
~'q s there s z2So~000 In the funds now. She stated that the origi-
15 nal lim' on unding was S8,S00 per unit but that has recently
¢~iper0 ±$dlnom1 fA'OOhe eifei o~hlitidetlookhittrietlve~
s
Ms. Evans stated that the CDBG office worked in conjunction
with the Building Inspection Department on demolition projects.
The Buildini Inspection Department refers people who cannot
~t~ak afford the enrol dons to CDBG and CDBG will do the demolition t
y 4' at no charge. She said that written consent of the owner is
abA 9 required before a demolition will be performed. She said the
~k 4 project is not advertised so that people who can well afford
the demolltions will not apply.
sr. Cochran asio~d If pictures were taken of the demolition
.`~d Fe k,'~ .fir
s , Ms. Evans said that pictures were taken both before and after "
the demolition. She sold that a problem with the program was
4 that some of the owners were hard to Ideate, Some of~the
owners were in nursing homes or had died and the program doer
not allow demolitions without written consent of the owner.
i 1 rsaY She added that she would provide additional Information to E s
Landmark Commission about any project upon request.
` j 111. Discussion of maintenance of historic landmark at
701 Bolivar Street (H•27)
Mr. Cochran stated that 70) Bolivar Street is toned historic.
He said that the house is owned by Ms, Sandy Taylor who is 4
presently in France and that Ns. Spivey and Hr. Lowry were
concerned that the house needs a new paint job. He advised
Ka ~J t ; that the house is In the process of being scraped down;
therefore, no action is necessary at this time,
4Ela IV, Establish boundaries of proposed Hest Oak Street Historic
1
District.
CI « fl Mr, Cochran said that establishing the boundaries of the .
Historic District was the lest obstacle before to the
rR Planntn and toning Commission. Photo rophs ofall the build-
-.A",: sad a District Preservat!on Plan ~av0 been obtained since:
y, the last meeting.
4 '1 , Ms. Spire stated that a photo album of possible properties
c to fie included In the Historic District and a map outlining
m'.c progoted boyndarles was available for the Historic Land-
mark Co m ision s review.
4 Mr. Lewry stated that the Sigma Phi Fraternity Houss may not
r o wiph to to excluded from the Historic District.
Ns, S ivey stated that she had information chests un each
Ptopa ty with all the details and intormotie6 required by the
y ,51,1 ordinance. She said that she had ptepared a sheet for each
Y' ^
F iy
f .ti: l,M..Mo.+w. rt +awrirl,FatO'~M+P~9..M,Rr1aa✓ t'.a . • . , '
tl Y
,
)2., le, J
_
1
a
w
4
HLC Minutes
+ Pile Ia' 1986
each Individuajmissfon could vote on which criteri
the Historic District. to make It ell a a
it
afble for lnelusl i ed i to
Properties and Criteria were discussed;
613 Pearl
-Meets the following criteria;
' fit, { a, Character,
de Interest or value as part ;
R velopment, herltale or culture f the
of the tates City of Denton, state of rocks, orerh Uni
S
b• Embodlaent of ilstinRulshlnj eharae ,erlr re United
'4 0 1 r4 ps mrcAltectura! tYPe or specimen. st[cs of an
c. Rol ationshipp to other di
or areas which are ell
to
in a plan based on sarsctfanCfotr architectural, l pr Delufldln ion sltee
preservation hit on
cu rural motif, histori acccorord-
d. Exemplification of the cultural, economic , aocial,
ethnic L; historicmI he rltale o[ the Cmi
United States, Y, state or
it or structure that of Its 1
has become o because value to a
ocAtEon
e, or the city.
nefshborhood 'ommu o
f. Value as an specs of community sentiment or
J ,1~ 619 Pears Meets PuD(!c
the FOIIOwinj criteria:
g Character, interest or value as art
development p
y r' l of the city ' Aerita a or cultural of the rac ter
Y of Denton, State of reels, or t lstics
b, States,
EmDodfaent of dlstlnBUfAin • rate United
architectural type ors s Characteristics of an fff
C. RelatlonsAl to other dp
y J rs e,a tt fi
cl a fitlnci:ve bulldfn to sites ` -u
In't"oa~ wh.~eh are ellslble for preaervatEon accotd•
d plan based on architectural hiatorte or
tX~ . R 5, Cu~rural AOtlf. , C~ , .
Exeaftlffcatfon of the cultural, econorlc tocl~l,
~otr etha c 0t historical herlta a 0f the city
;t a United States. i , state or
A building
Or structure that because of its loertio
wive
or to a net A n
Vatueeailiryi~ar 1 borheod, <ommuaity area
`w' M1 pride. pact of ecamunit
Y sentiment or public r
31
301 Denton Meats
y the following criteria;
~''x s a, Chem
1i 1*p7~~,i r, r Cter, fnNNJt or value as
part r
development, berftlj*e or cultural CharaCOEtthe
eefttle~ '
of the Cify of Denton, state of ?exas, or the United
states.
d
a iew b, Embodiment 'oE
archi dlsifafulshlnf chiracterlstica of so '
tectural type or s~ecfinen,
C• Embodireat of elements of Architectural design, '
a ' d! Nil, maferialI or Craftsmanship which represeat
' , a affnlflciat atchlteeffu'raft
oa
d• Reis tonship to other Eil LfryloevaDui ~fn a
Jf s
rt , was
~nAafoao which are eligible for Preservation aeeord• t
cultural motlteaJed on architectural, historic or.
•"C " e, Exerpllfiestion of the
ethnic or historic cultural economic
ai he title* Joelal,
e
i, y` f~ United States, the city
, state ,
r, A buildldE or or
s•
afructur* 1h&t bleluse of its location
or his the become of value to a neijhborhood, communi
ty ty area
4
Pride. *At or public
Public
F
'G21' n f ~,4 5
~(3n ' M~~ '~f~ifidNY,p~ulsaMWMti". • ...~.,....,.r.,_.,.. ~ , ~-k
r ,
p
b, 1
. _ •F.: Tit ~----T-~
HLC Minutes
July 11, 1986
Page S
" 1, 616 Nest Usk Meets the Eollowing criteria:
x ~y`5 a. Character, interest or value as part of the
m development, heritage or cultural characteristics
c of the city of Denton, State of Texas, or the United
yx4s * States.
b. Embodiment of distinguishing characteristics of ■n
µt l architectural type or specimen.
c. Embodiment of elements of architectural design,
1 t detail, materials or craftsmanship which represent
a significant architectural innovation. f
r,*Jt d. Relationship to other distinctive buildins, sites
d-
or areas which are eligible for preservat on actor
in Q to a plan based on architectural, historic or
r cultural motif.
' e. Exem lificatlon of the cultural, economic, social,
ethnic or historical heritage of the city, state or
United States.
f. A building or structure that because of its location
has become of value to a neighborhood, community area
" rc of the city. J'
Value as an aspect of community sentiment or public I
a pride.
S. 70o West Uak Meets the following criteria:
J :
n r! a. Character, interest or value as art of the
development, heritsge or cultural characteristics
of the City of Denton, Vats of Texas, or the United 3 ~r
r
b. Embodiment of distinguishing characteristics of at architectural type or specimen,
4r e. RelationshlD to other dlstinefira buildings, arias;
or areas whlt:h are eligible for preservatffen ateord-
f ; aJ4~ . • in` to a plan based on architectural, historic or
i n«'j•. cultural motif.
i d. Exam
ethn ipllEfutloariof the cufturel economic,, social,
e^ .y, c or histocal heritage of the city state or
( United States.
1 e. A building or structure that betaute of its location :y
has become of value to a neighborhood, community area
or the C'ty'
f. Value as an aspect of community sentiment or public ,
=aI+r K's~~~ pride.
rx,p~ hra5 6. 701 West Oak Meets the following triteriat
a r? e. Character, later$$# or value asalppart of the
development, heritage or cut ur characteristics
of the City of Denton, State of Texas, or the United
e ,
S• Stater.
+yw,,' b. Embodiment of distinguishing thstactefietics of as
architectural type or apadman.
r C. Relationship to other distinctive buildings, sites
or areas which are eligible for preservation accord.
1M1 to a plan based OR architectural, historic or r R"'I
7^ s' cultural ■otit.
d. Exemplification of the cultural economic, sociat,
v ethnic or historical heritage of the City, state or
United States.
e"'a ,!,a°r e. A b:dlding or structure that because of its location
a~ has become of value to a neighborhood, community irea
or the city.
„ ' t. Valve as an sip'ci of community sentiment or public
rg a
H✓111 ~'l, L~
FC YfGtS , 5. 1
`S
F
4
,
NLC Minutes
July 14, 1986
Page 6
7. 716 Nest Oak Meets the following triteriat
a. Character, interest or value as part of the
development, heritage or cuttural characteristics
of the City of Denton, State of Texas, or the United
states. i
b. Embodiment of distinguishing characteristics of an
architectural type or specimen.
c. itelationshlpp to other distinctive buildings, sites
or areas vhich ere eligible for preservation accord-
cfi'<
in Y to a plan based on architectural, historic or
cultural motif.
8rempplificadion of the cultural, economic, social,
7 e-hnlc or historical heritage of the city, state or
United States.
4 A. A butW ing or structure that because of its location
t has become of value to a neighborhood, community area
or the city.
r a r r f value as an aspect of community sentiment or public
pride.
P. 802 _I test Oak - Meets the following criteria,
a. Reletionshl to other distinctive buildln s, sites
or areas which are eligible for preservation accord• `
}r In to it plan based on architectural, historic or
cultural motif.
' "k t D. A building or structure that because of its location
t~
has become of value to a neighborhood, community area
?+G r " # or the city.
9, 904 Nast Usk - Meets the following criterlat
a. Character interest or value as art of the
development, heritage or cultural characteristics
of the City of Denton, State of Texas, or the United
States.
b. Embodiment of distinguishing characteristics of an 4
architectural type or specimen.
c, Relationship to other distinctive buildings, sites
or areas which are eligible for ptelervatlon accord• "
ti r, in to a plan based on architettural, historic or
.r cu~turaI motif,
ttf s Mfr d, ExampItficattoo of the cultural, econoele, social,
t ' ethatc or historical heritage of the elty, state or
United States.
A. A building or structure that because of its location
has become of value to a neighborhood, community area
i
3 9 t': 4.tA or the city.
t. Yalue a! to aspect of community sentiment of public
l55 pride.
2
7y y° t k 1 d 1 I 't
10# fear of 904 Mast Oak (Leta 461 and 1,10 City !lock 41,A)
th Mr. Lowry moved that lots 4,1 and 4,i, block 411, be
s
excluded. Seconded by Nr. Miller mad unanimously tattled
~d tri r ` 11. 911 Nett Oak Meets the following crlterlai
r X " Character, interest or value as art of the
Qerelopmeat, heritage or cultural eAaraeteriltles
of the City of Denton, State of`Texss, or the United i
States.
D, Embodiment of distinguishing characteristics of an
r architectural t pe or spactaen.
e, Embodiment of a estate of architectural doitgn,
detall~ materlals of craftsmanship which represent ,
a signiticant architectural Innovation.
" r~ r
IA 'y ;
°Q [$°,l'~,
♦
.
1 4
V y
.
RLC Minutes
July 1/, 1986
Page 7
d. Relationshipp ro other distinctive buildings, sites
or areas which rre eligible for preservation accord-
s fng to a plan based on architectural, historic or
" cultural motif.
e. Esem lificstJon of the cultural, economic, social i;
t
ethnic or historical heritage' of the city, state or
t United States.
r h
t µ f. A building or structure that because of iii location
has become o£ value to a neighborhood, coatunfty area
y s or the city.
a 8• Ya1ue as on aspect of community sentiment or public i
pride,
12. 918 West Oak -Meets the following criteria:
r ~q a. Character, interest or value ■s part of the
development, heritage or cultural characteristics
of the City of Menton, State of Texas, or the United
c 7 States.
Ia b. Relation'hfpp to other distinctive buildin~s, sites
or areas which are eligible for preservation cecord-
i
ctural n to a plan based on architectural, historic or
r C. EaempV ffcation of the cultural, economic, social, I
tt ethnic or historical heritage of, the city, state or
d. A nbuilding orsstructure that because of its location
has become of value to a neighborhood, community area ;
w X
or the city.
e. pride, as an aspect of community sentiment or public
Mr. Lowry moved that 918 West Oak be designated as ~.f
eligible for inclusion but not included, gSeconded by
x< Mr. Miller and unanimously carried (8-0).
13. 921 West Oak • Meets the following criteria:
a. Character, interest or valu0 as ppart of the
s' development, heritage or cultural characteristics
` of the City of Denton, State of Texan, or the United
States.
t b. Embodiment of distinguishing characteristics of an
architectural type or specimen. )J c. Relationshl to other distinctive buildin so sites t
r` °[a y or areas which are eligible for preservation ackord-
fe to aplan based on erehlteetural, historic or r r
4r: cu~tural motif.
d, Exemplification of the cultural, economic, social,
S1~ ethnic or historical heritage o~ the city, state or f
e, A building or sstructure that because of its location
+ ' ar has become of value to a neighborbood, Coamualty ores r
tr or the city.
ar, f. Vrida,as an aspect of community sentiment or public
a 1, ,
f``.`! r}'{ 11, 1004 West Oak • Neeis the following oriteriai j
jr r~' 3 Character, I terest'or value 'as art of the ;
development, heritage or cultural characteristics t . ,
of the City of benton, State of Texas, or the United
States.
yy +k a r b. Embodiment of distinguishing characteristics of an {
architectural tyype or speclrea.'
c. Embodiment of alaseAts of architectural design,
detail astirl916 of Craftsmanship which represent
a signjfleaht architectural Innovation.
01
t,
° r
* , . arc•~vlw,+6d:ei~ita~:~arw...P,._
K4
IV 4~ I GY r r r
11 4
' r
R
ELL Minutes
July 11, 1986
Page g
. d. Relationship to other distinctive bnildknees, s'.tes
or areas TO are eligible for preservation accord.
ing to a plan based on architectural, historic or
cultural motif.
e. ExempIifi cation of the cultural, economic, social,
ethnic or historical heritage of the city, state or
United States.
" f. A building or structure that because of its location
has become of value to a neighborhood, community area
or the city.
el g. Value as an aspert of community sentiment or public
pride.
`qf IS. 1011 west Oak • Meets the following criteria:
,4 a. Character, interest or value as part of the
development, heritage or cultural characteristics
x? of the City of Denton, State of Texas, or the United
States.
b. Embodiment of dis'l.nguishing characteristics of an
i architectural type or specimen.
C. Relationship to other distinctive buildings, sites
or areas which are eligible for preservation accord-
ing to a plan based on architectural, historic or
+>1 cultural motif,
a'4,ta a,` d. Exemplification of the cultural, economic, social,
ethnic or historical herltaje o[ the city, state or a;y
United States.
e. A building or structure that because of its location i
has become of value to a neighborhood, community area
or the city.
t,c, K f. Value as an aspect of community sentiment or public
pride. t 1, °
4 t^^:.' 16. 1015 west Oak • Meets the following criteriat' `
A. Character, interest or value as Batt of the
development, horitsje or cultural characteristics
of the City of Denton, Stele of Texas' or the United
States,
b. Embodiment of distinguishing characteristics of in
s fit,' r ,`w architectural type or specimen:
C, ldeatificatior as the wort at an architect or master
builder whost individual work bas influenced the
development of the city.
d. Embodiment of elements of architectural design,
} r s"; detail xateriU s ee craftsmanship which represent
4+ + t, JJ a slgnCficanf uchitecrhral inaaYatlon.
ttt e. Relationshipp to other distinctive buildin s sites
a h" or areas w',ieh are eligible for pressevotloA accord-
jy Inc to a plan based on architectural, historic or, Y
cultural ■otit,
E. 8xempllfication of the cultural$ econoalc, social, r
ethnit of historical heritage of the city, liate or o '
FF United States,
g. Identification with a pperson or persons who
significantly contrlbuted to the culture and f
s k develo aunt of the city, state er Unifctd Statas~
s'~ rho h. A bull ins or structure that beca use o[ it l6t1ktlen
3 has become of value to a neighborhood, community area
dA * z ? or the city.
1. Yftie to an aspect of community sentiment or public -
r pride. w
"r `1 °r°• tt. 1004 and 1011 West Oak (Duelexl • Meets the followleR, t 'r
i.> a, Character, interest or value is part of the
development, heritage or cultural characteristics
0 of the City of Denton, State of Texas, or the United x,
States. ,
rd1~ M s
~1 .
~ 1'" * ~ ~ w....-.......:~. - . _ a, M.+r.+i.diVn"ta~:wi."a+N fdaMG.iiil/1v+a•wu,~ u,..nry ~ ~ I,
a,
~ l
a x
M LC Minutes
July l/, 1985
1 Page 9
,~C c
b. Relationship to other distinctive buildings, sites
or areas which are eligible for preservation accord-
` 1ng to a plan based on architectural, historic or
cultural motif.
r c. Exemplification of the cultural, economic, social, j
ethnic or historical heritage of the city, state or
14
United States.
d. Identification with a person or persons who
,t+a F significantly contributed to the culture and
development of the city, state or United States.
e. A building or structure that because of its location
t has become of value to a neighborhood, community area
or the city.
r, f. Value as an aspect of community sentiment or public
pride.
18. 923 west oak - Meets the following criteria:
a. Character, interest or value as part of the
development, heritage or cultural characteristics
of the City of Denton. State of Texas, or the United
t, 7 States.
b, Embodiment of distinguishing characteristics of ■n
t 4 architectural type or specimen.
c. Relationship to other distinctive buildings, sites
ofi or areas which are eligible for preservation accord-
Ing to 'a plan based on architectural, historic or
`Lcultu-11 motif.
k++, wy" ~y d. Exam.1fication of the cultural, economic, sociml,
ethnic or historical heritage of the city, state or
1 x ti United States.
e. A building or structure that because of its location
i has become of value to a neighborhood, community area
or the city.
~y f, Value as an aspect of community sentiment or public ;
u?, 9Y 5' + r` ei pride, rY=
19. 911 West Oak - Meets the following criterlat
i Ail a. Character, interest or value as part of the
development, heritage or cultural characteristics
of the City of Denton, State of texas, or the United
k , , wl States,
It. Relationship to other distinctive buildings, sites
or areas which are eligible for pre tryst on accord- k
t i~ In to a plan based on architectural, historic or
i cu turaI motif. E
c. ExeNtlification of the cultural economic, social,
ethnic or historical heritage of the city, state or
1 s , United States.
d. A building or structure that because of its locaflon
has become of value to a neighborhood, community area
or the city.
e. Value as an aspect of community sentiment or public
pride.
20, 91S West Oak - Meats the following criterlat
ltit { ~4
of Character, interest or value me part of the
of the City o of eDenton$ Statet of aTaxasoeorethetUnited
St its m,
b. Embodlmeat of distinguishint characteristics of an
architectural type or sppecimen. ;
c. Aelationship to other distinctive buildin a, sites „
or areas which are eligible for preservation accord-
,r in to a plan based on architectural, historic or '
1~i ,5ia'stil r"~; cultural motif.
a d, Exemplification of the culture! asonomie, social
sA , ethnic or historical heritage o~ Its city, state or
s United States,
rr~
y 4 r 1~c
t'1 l ,
d
i
.
q
HLC Minutes
July 14, 1986
Page 10
e. A building or structure that because of its location
has become of value to a neighborhood, community area
or the city.
f. Value as an aspect of community sentiment or public
pride.
r 21. 903 West Onk - Meets the following criteria:
r s6 a. Character, Interest or value as part of the
} development, heritage or cultural characteristics
of the city of Denton, State of Texas, or the United f
r States.
b. Relatfonshlp to other distinctive buiidln s, sites j
i. ov areas which are eligible for preservation accord-
` +r Ing to a plin based on architectural, historic or
° cultural motif.
` r a Exemptlffcation of the cultural economic, social,
evhn c or historical heritm;e oI the city, stale or
Un"Id States.
>ir
Abuilding or structure that because cif its location
' has become of value to a neighborhood, community area
e. Value easfan aspect ci community sentiment or public
pride.
Mr. Lowry moved that 903 West Oak be eligible for
inclusion, but not included. Seconded by Mr. Boyd
Ada ti sal and unanimously carried (8.0).
22. 801 West Oak - Meets the following criterfar r ,
J r F a. Character, interest or value as part of the
•:ivelopment, heritage or cultural characteristics
of the City of Deliten, State of feA::, or the United
4 A'; 6' A
States. y
b. Embodiment of distinguishing characteristics of an
architectural type or specimen.
p fir, c. Relationship to other distinctive buildings, sites d,
or areas which are eligible for preservation accord-
inj to a plan based on architectural, historic or
wrr 'raM~~ 't cat tural motif. f "
~a,,r h, itx ~ d. Exemilificatlon of the cultural eeonomic, social,
ke'~y ethnc or historical heritage 01 the city, state or
,
United States.
1 r ^r a. A building or structure that because of its location
Ras become Of value to a neighborhood, community area
or the city.
b i" It. value as in aspect of community sentimett or pLbllc i
~.7 1Sd ; pride.
23. 717 zest Osk -Meets the followinC eriteriat {
4 ~Ia'~'. y.r''~g • a. Character, interest or value as part of the
1
development, heritage or cultural characteristics
oft the City of Denton, State of Texas, or the United
States,
r+s,"i,b. Embodiment of distinguishing characteristics of in
F
~yt+ architectural type or apecimen.
c. Relationship to other distinctive buildin s, Altos
",r 9 or cress which are elltlble for preservation Accord-
w io to a plan based oft architectural, historic of co uraI motif. 1
J. Examyylifieatlon of the cultural, eeonomie, social, r
'4 ethnic or historical heritage of the catr$ state or
United States.
e. A building of structure that because of its location "
4s'
has become of Value to a neldhbothoO.,community area
or the city.
rtrf1: r„ f. Value is an aspect of community sentiment or public
pride.
u
i ' , ryy.P+., ..+r•.-.. ,a~iH.1JI.W1Y'N~Sir'i't+~3w.x56Y.11.i.~+A'.~a .n<aa.,..'tr.v....i...,.. .rn..u ~.i.
a ~r 4+
r
r
.
a.
{
y
ry I
i
HLC Minutes
July 11, 1986
Pape !l
24. 711 west Oak - Meets the following criteria:
a. Character, interest or value as pert of the
development, heritage or cultural characteristics
of the City of Denton. State of Texas, or the United
States.
Relationship ro other dlstipetlve buildings, tires
or areas which are eligible for preservation accord-
` , tnp o a plan based on architectural, historic or
' cultural motif.
c, Exemplification of the cultural economic, social,
ethnic or historical heritage %if the city,
l United States. state or
d. A building or structure that because of ifs locatiom
has become of value to a neighborhood, community area
or the city.
x e. Value ■s ■n aspect of community sentiment or public
pride.
2S. 619 Nest Usk - Meets the following Grit, Is:
.
i,'I a, Character, Interest or value as part of the
JevIlope ant, heritage or cultural characteristics
of the City of Denton, State of Texas, or the United
Stataa. E
4~~Nr'Vsrr i ,r6 b. Embodiment of distinguishing characteristics of an f
architectural type or specimen,
fh Relationship to other d stinctlve buildings, sites 4r.
8 1 or areas which are eligible for preservation accord- I
inp to a plan based on architectural, historic or i 'ya
cultural rotif.
d. Exemplification of the cultural economic social,
ethnic or historical he
, ritage of the city, state or
w^ ?4 `r a United States,
o- e. A building or structure that because of its location
a has become of value to a neighborhood, community tree '
or the city,
f. value as an aspect of community sentiment or public
pride.
d'X} ' 26. 61S West Oak • Meets the following criteria:
Character, interest or value as part of the
a• development, heritage or cultural characteristics
of the City of Denton, State of Texa
States. a, oaths United
tF' ;,a a ti'`':3 b. kelatlonshlyy to other distinctive bulldin;e, sites
;1 1{s or areas which are eligible for preserv!;,on accord
-
~'p in to a plan based on architectural, historic or
a cu turai motif.
• ~l e, Exemplification of the cultural economic, sot.iml,
etha a or historical heritage o~ the city, state or
United States.
d. A building or structure that because of Its location + a
bu•,r.~f f, has become of value to a neighborhood, community atea
or the city.
t,. e, value as an aspect of community sentiment or public
pr do.
r
{
° ~ t' 77, 6U1 Hest Oak ~ '
~~a•~'j x ;.yY ~ 1
ein . wyi Mr. Lowry moved that 601 West Oak be excluded. Seconded
by No. Conrady seconded unanimously carried (1•D), I
ry M 1 `1
21. 01 0411,11 and 602 and 604 West Hl kor (one lot)
#k., ee a e o ow ng cr e
-F 7
r u
%
a + a. Character, interest or value as part of the
development, heritage ar cultural characteristic i
of the City of Denton, State of Texas, or the Un! ited
•i.. k' i'1 States,
c n r
«.7 •n+r.,.... Mr,~,y _ I
rr tG C ~a ~a.. '•'W'1YiUN,{~l.ai~a'i1~M~v'~P.takrY.TJMcHwNSar»vn ' ,.l_
0
HLC Minutes
July la, 1986
Page 12
b. Embodiment of distinguishing characteristics of in
architectural type or specimen.
c. Relationship to other distinctive buildin s, sites
or areas which are eligible for otservation accord-
Ing to a plan based on architectural, historic or
cultural motif.
d. Exemplification of the cultu-al, economic, soclal,
ethnic or historical heritage of the city, state or
United States,
e. A building or structure that because of its 2rc-ttlon
has become of value to a neighborhood, community area
or the city.
E. Value as an aspect of community sentiment or public
r pride.
Mr. Marino left the meeting,
r 29. 608 and 610 West Hickory - Meets the following criteria%
a. Character, interest or value ■s part cf the
development, heritage or cultural characteristics
of the City of Denton, State of Texts, or the United
. States.
b. Etbodiment of distinguishing characteristics of an
+ architectural type or specimen,
c. Relationship to other distinctive buildinis, sites
or areas which are eligible for preservat on accord-
r'+YIh In to a plea based on architectural, historic i,r
A wr cultural motif.
pliH cation of the cultural economic, social,
;z d. Exam
,w^Mw'+t+ ethnic or historical heritage of the city, state or
v, r, United States. { >a
n. A building or structure that because of its location
y, 4J"} t,a has become of value to a neighborhood, community area
or the city.
E~ Value as an aspect of community sentiment or public I
pride.
30, 611 West Hickory - Meets the following criteriet j
part of the
a. Charactsr, Interest or value as
b+ development, heritage or cultural ehato terlitles k
of the City of Denton, State of Texas, of the United
`u^ 1'1 States,
t , b, Embodiment of distinguishing chiractoristici of an
' i~ , 4 ,t f Ja architectural type or spsalaam.
c. Relstiotiship to other die4inctlve buildln``s, sites 1
or areas which ors eligible for preserv'atlon accord-
ing to a plan based on erchiteeturali historic or
SY,+rE cultural motif, i
d, Exempliftcatita of the cultural economic, social,
+ o" y ti+ ethnic or bist.orlcal heritage of the city, state or
" United States se
e. A building or structure that because of Its location
has become of value to a nelghborh Wo community area 4
or the slay.
E. Value as in aspect of community sentiment or public z
pride.
31, 620 WestHickory - Heats the following crlterloal s
Relationship to other distinctive butldinis, sites or
areas which are elltlbla for preservation actordln to
a plan based on orehitectural, historic or culture motif.
. e
$2. 900 West HlckSU - Heats the following eritorlai l
a, Character, !n Nrest or value as eft of the
development, haritege or cultural cheracteristles q
of the City of D,,nton, State of Texas, or the United
SIAtaI.
F. pit{ ~r 4E -
HLC Minutes
July 14, 1986
Page 13
b, Embodiment cf distinguishing characteristics of an
architectural type or specimen.
c. kelationship to other distinctive buildlnQQS, sites
or area: which are eligible for preservation accord-
ing to a plan based on architectural, historic or
cultural ■ctif.
d. Ex
em
of the culturalt economic, social,
ethnic or historical heritage of the city, state or
united States.
e. A building or structure that because of its location
has become of value to a neighborhood, community area
or the city.
f, value as an aspect of community sentiment or public
pride.
33, _704 Nest Hickory Meets the following criteria:
r' ' ` r$ F
.,S a, Character, interest or value as art of the
dofelopman., heritage or culturJ characteristics
r of the City of Denton, State of Texas, or the United
states.
+ b. Relstfonshlp to other distinctive buildings, Sites ,
or areas which are eligible for preservtt~on ateord•
,d ins to a plan based on architectural, historic or
` cultural motif.
c, Exemplification of the cultural economic, socials
+"1 i ? ethnic or historical heritage o the city, state or
United States,
d. A building or structure that because of its location,
has become of value to a neighborhood, community area'
' or the city. M j
z 4 a. Value as an aspect of community sentiment or public
y^'r 1 P pride.
,t t. 31. T1o Neste° Meets the following crlterlat
e, Character, Interest or value as
art of the
r 1 development, heritage or cultural ehataeteristics ti a p
of the City of Denton, State of Texasor the United ~\V
1 States. '
b. Aeiatlonsh! to other di ItinetI buildin s Was
t
sF 's or areas which are eligible for preservation accord,
!n to a plan based on architectural, historic or y '
s ~`~'y a euftural motif. s
4 E-h+ exeaipllfication of the cultural econoeie, Social,
othn1c of historical herltage'a the city, state or
a, United Stat•a.
;h k '_t d. A building or structure that because of Its location
a5 r,- has become of value to a neighborhood, community area
P r n t 1 or the city.
i,vl^,~+ r r e, value to an aspect of community sentiment or public
r pride.
35. 114 Nest Hickory • Meets the following criterion:
r`.
Aelttionship to other distinctive buildings, Was of
cwx, t,S areas which are elfl1ible for preservation aecotdinl1 to
a plan based on art itectural, historte or cultural motif,
36. 120 and 722 Nest Hiekouz • Meets the following criterial
a, Character, interest or value as Dpyrt of the s
$ h, development, heritage or cultural characteristics 1
~i'', ► k. ppf the City of Denton, state of Texai, of the United I i
SI told
to ; b. Relatioashi to other distinctirs bulldin a, sites ?
t or tress which are eligible for preservation accord,
1+. . + in1 to a plan based on architectural, historic or
' cultural motif.
rTT
cat r~r , Mw.r...,..-'•`^_'".r t... r, ~.wx.wwr. __..,...u».mW ..u+nw.:q 'Nw
t!., t*MAatwFai~Ar~it+P~ w.~..,...
r4~
i r+ r
MEMO
"-T
HLC Minutes
~ July 11, 1986
Paye l/ ,
e, Eremppli H u rfon of the cultural economic, social,
erAnlc or Alstorfcal Aerltafe ost the city, s Nre or
United States,
d, A DuSidlna or structura that because o[ its iocatfon
has become of value to a nel;ADorhaod, community area
e. Yilueeai iryi~aspect of eomnunlty sentiment or public
Pride, ~
~ 37, 800 wes~L ~ HJckery .Meets the follovJng crltnrla= '
a, CAaracter, Interest or value as part of the.
~ development, Aerlta<e or cultural characteristics
of the City o[ Denton, State of Texas, or the United
b. Re3iifonsAip to ether dlsflnerlve bufldlnts, cites
r or areas vh cA Lre elfRible for preservation accord- ~ "
, ~ i 1n; to a plan based on architectural historic or
cultural motif, ~
Y Exemplffiu rfon of the cultural econorlc, social, y
1 ~ erhn c or historical herftaRe o~ the city, state or +
a,y r{ y United States.
r~ d. A bufidfno or structure that because of fts location '
,+Y ~I~~1}~ ~4`~~ OCSf~QCClfyef Yalue t0 a nel;hborhood, tOralUnlty eras ~
~y~ ref ~"~~t~ x7~ ~ y`'due as an aspect of community sentf meet or publ[e '
P ~ •
r t~ 4 ~
,
Sf, a04 west Hlckor~! -Meets the follovin; criteria) ~
, i o
~ of ~ { ~ a. Character, interest of relue as art of tqe `
F~~ ~y'`rh r r"~:~~ development, Aer►taSe or cultural cAeraeterlstlcf _
to ,o of tha City of Denton, State of Texas, or the Uelted ,^s
t
r ~ b. 8ibodiient of dlstinyulshfno chsraeterlstfcd of art ~
a, ~ , archlteerural type or 1Dpeefinen. ~ ~
~ c. Retetlnnsdip to other diatlncffvf bulldfdl1l, sltds '
. ~ or areae vhieh ere •l ifibie for preeervatlbn aeetlrd•
~w}~ ti faq to a plan baseq en erchltecturel, Aleto N c of
1l , s. '
~ a4,~~ ~ d, tailor Jtatif,
Bxeep3~[laatfon of the cultural, ~cone~le eoelal,
iz ' ~ ,c~ ' ethefc or hlstbrlcal EertfdRa of the e1tY, state oe
United Statrry.
. ! e. A buitdiaJl or •teueture rltat beeaus• of Ire loeetlen '
' Aaa berore of slue to a neffAbbl'hood, eoaaunitY Brea
Y`` s`~ ,.tis f. Ylueeeiiin~espeet of cbrmuntfy sentiment bt public
h~l,+ ti^'~ ~Q pride.
n -
~ ~ ~ ~y+ Sp, ill west Hickory • fleets the followln~ ctltarlu ~
~"S iti~, a. 6mbodfa~nt of dietinfulshEnR charaeterle~lei of an ~
~3 ~<< ~ areAlfeefural type er epeelren, +
~~9~'xt y~ b. Relafionehlp to oMer dlrtlnctlre DulldlAjjlj sltee ' , 'N~i
,~h,r fit' oe drew vhtch are ellfibla for preservatEea ee<ard• s
~ in~ to a plea based ba erehi;eeturel, Afstotle or ,
A eu lure! rotlf,
~ ~1 ~
t n' ~
l0. i kes Hltho Y ~ Naete tM followlnr ceirerlu ~ }
`y; ~ ~ ' ;b a, CAaraeNt, intareet oe ralua 1e pact of the ,'t
' development, A~tltye of cultural ehsraetsrietice
,i; tlt th• Clty of Danttln, Stat• vl 7~tlas, tlr th♦ United .y~'
Sfatea. .p
~3~ '~1; b, timbddfient of diattnRutshinR eharatterietlcs of an `X°
o ' c erchltbetura! type or s caiman.
'ib~~ r~ Reletllonthfp to other di/tlnctlre bufldln e, fifes
or arele which ere N l~lble Cot preaervat~be artord•
T r r:`~? !n to a plan based on architectural, historla er
, ; + cultural ■oHtr
F~( i
s~~~ V't~.' f3• i - - ~ ~Y~ ~
Y
k la '
t~ r' i ~ `~.^r.WaouSdrwswna4'++xw'~'~wi.., _ ` ' "ui
t~' N •a'^~bl~'
~;".vrl~ Li "u x
. G.
+ l',
~ '
,
a~•, ye .
~ ~
:i ~ ~ r~
s ,
i ~ ,
.6 n
F~ +
y{ + 1 ~ n ~
S ~ ~~f
ry L+ ~ ~A
1
R 1
HLC }tinutes
Vale 1S' 1916
a` g
` d. Exesplification of the culture], economic, social,
ethnic or historical heritage of the city, state or
United States.
e, A building or structure that
because has become of value to a neighborhood, fcoits loca
mmunitytarea
or the city,
f. Value as an aspect of community sentiment or public
pride.
61. 12s Kos °w Meets the following criteria:
s. Character, Interest or value as part of the
development, heritage or cultural characteristic}
of the C1ty 0[ -•,;on, State of Texas, or the United
b. Relationship to other distinctive buildings, sites
or areas which ■re eligible for preservation accord-
fng to a plan based on arc r
hitectural, historic o
I cultural motif,
c. Exempplification of the cultural, economic, social,
t ethnic or historical heritage of, the city, state or
United States,
d. A building or structure that because of its location
a orsthebecome
cityof value to a neighborhood, couuAlty area
Val as an aspect of community sentinent or public
ride.
+~'s k <r~+ ,f •'i 42• $22 Hest Hicks Meets the following criteria: ,It
r' V's 4 31
P, Y,
+i R4 `i a. Character, interest or value as part of the
ey, d development, heritage or cultural character[stiea
t =1 ,t of the City of Denton, State of,Texat, or the united
r
States. dye
b. Relationship to other distinctive buildin to sites
t ' ~r frg areeas which are eligible for proservation accord-
~,?xr~ plan based on architectural, historic or
cultural motif.
c. Exemplification of the cultural l social,
Ilk ethnic or historical heritage o~ the city, state or
f A:1 United States,
d. A building or structure that because of its location
has become of value to a neighborhood, community area
of the city.
0. Value as an aspect of community sentiment or
pride.-
~,'`.<~~I~ public
Ii, 902 1fesy Nests the following etiterlal r
{x TMrv c a. Character, interest or value as part of the
development, heritage or culture] characteristics r
d s ai of( the City of DeatOn, State of Taws, of the United
States.
b. Embodiment of distinguishing characteristics of an a
architectural type of Yppeeiren.
c. e. Relationship to Mot dlstinetire buildfn a sites
~ or areas which are eligible for ofeservatfoe accord- ,
Ina to a plan based on architectural, historic or
cultural motif.
d. fixerppli[icatinn of the cultural economic, social, f
' i ethnic or historical heritage o~ the city, state or
rt United States,
' ','StF e. A building or structture that because of its location
;E~aIJ t i
has become of value to a aelghborhood, eorrunity aver
kI+' c, _ of the city.
alue as an aspect of community sentiment or public
V
pride.
1
~II 1
n 1 1
I4
1 4 !4
,i,d V ; H..~Y...~~t..•~A.~I~IItI'Y ...MII('~.✓w~w _ a
e f
v 1
I
n
i'
HLL Minutes
July 14, 1986
Page 16
44, 904 West Hickory - Meets the following criteria
Character, interest or value as part of the
development, heritage or cultural characteristics
of the City of Denton, State of Texas, or the United
States.
b. Relationship to other distinctive buildln sites
or areas which are eligible for preservation accord-
fns to a plan based on architectural, historic or
cultural motif,
c, kxe■plfEiutlon of the c1ltAral economic, social,
ethnic or historical heritage o~ the city, state or
United States.
d. A building or structure that because of its location
has become of value to a neighborhood, community area
or the city.
e. Value as an aspect of community sentiment or public
pride.
a a+' 4S. 906 West Hlekoev - Heats the following criteria,
a. Character, interest or value as part of, the
a development, heritage or cultural characteristics
i of the City of Denton, State of Texas, or the United
a States.
b. Relationship to other distinctive buildings, Was
or areas which are eligible for preservation rccord-
in to a plan based on architectural, historic or
CUItutal ■Otif.
c. Exe■ Iliicatfon of the cultural econo■le$ social,
ethnic or historical heritage of the city, state or '
United states.
,R > d. A building or structure that because of its location
has become of value to a neighborhood, community area
x
~ or the city.
"'Vi a> e. Value as an aspect of community sentiment or public
pride. s
~yfl .i11 46. 911 West Hickory Meets the following ctitatia '
c, a. Character, interest or value of
ppsrt of the
4
development, heritage or cultural eharaeteritties t
yh', Y of the City of Denton, State of Texas, or the Umitad
' t . Stabs.
4 b, Relationship to other distinctive buildinpl, tilde
or areas which are eligible for prelerVatlon accord-
s ' y y{ lnt to a plln based on architectural, Aletarle or
cultural motif. Lr
a c. Rxemppllfication of the cultural, economy, Social,
ethnic or historical heritage of the city, Oat* or
r,
United States,
d, A building or structure that because of its location
c~ v has become of value to a neighborhood, community area
or the elty.
e. Value is an aspect of community lentinent or public 1 a
a f `~f r pride.
{a ti 11, 916 West Hickory - Meets the (allowing criterlat
,.y a. Character, Interest or value t1 part of the !
development, heritage or cultural characteristics
of the city of Denton, State of Texas, or the United
rj , States.
b. Embodiment of distinguishing chsractorittles of an L°
y, ,fwr . ^Y art:hitectursl type or specimen.
c, gelatlonshlpp t`o other d{yttin tive bulldln0'g sites
lr j SYt or areas whlc4 are aiiglDl♦ or preldrYalb~l accord.
' 4~Y, s w Ini to a plait based on srchirectural, historic or
cu tares motif,
t
f
,,,v 1i,' 'w,. nn.r+• - ....r..r...... ^ur ri~liel:,IdI~M~a+'n1'MW':`.W Ua.wr «.n,m -'W4
' i
y
is
HLC Minutes
July 11, 1986
Page 17
d" Exemplification of the cultu-al, economic, social,
ethnic or historical heritage of the city, state or
United States,
e. A building or structure that be:ause of its location
h,,s become of value to a neighbtrhood, community area
or the city,
to value as an aspect of community sentiment or public
pride.
48, 9:09:0 West ckory • Meets the following criteria:
a. Character, interest or value ■s part of the
development, heritage or cultural characteristics
5rate:,City of Denton, State of Texas, or the United
Is. Embodiment of distinguishing characteristics of an
r architectural type or specimen.
c. Relationship to other distinctive buildings, sites
R'- or areas which are eligible for preservation accord-
in` to a plan based on architectural, historic or
s cultural motif,
d, exemplification of the cultural economic social
ethnic or historical heritage o1 the city; state or
^ United States.
e. A building or structure that because of its locetioo
has become of value to a neighborhood, community area i
or the city,
alue. as an aspect of community sentiment or public
YJ~ ~cti ~'r~ F. V
pre
er r
49, 929 best HickjU . Meets the following criteria
A. Character, Interest or value as art of the
,
development, heritage of cultural characteristics E
p~, ~,+y Of the City of Denton, State of Texas, or the United
States, s~
b. Embodiment of distinguishing characteristics of an (
architectural type or sppecleen.
c. Relationship to other dlstlacrlve buildings, sites
or areas which are eligible for preservation accord-
in to a plan based on architectural, historic ur
d cultural motif.
^ . Exemplification of the cultural economic, social,'
' q! ethnlle or hlstericsl heHtap o~ the city, state or `
{y t,rt United states.
a q
+Y i',p W A building or structure that because of its location I +
q k4`c' has become of value to a neighborhood, community iris i
je`Eyy^r or the city.
,
I. v
alue. as an aspect of community sentiment or public
prid
50. 1000 Mat Hickory
14 y ~ Meets the following criteri U
4. Character, interest or Value as set of she
development, heritage or cultural characteristics
v of the city of Denton, State of Texas or the United {
Stites,
b, Embodiment of dittinguishleg,eharaetaeUtias of in
}~{3,,r~„ 5• architectural type or I,pectmen
r c, Relationship to other dtstlnMve buildings, sites
Tr areas which ate eligible for pro ervlition Accord- 4
n to a plan based on stchitectura , historic or
cuICurti motif.
; } M 1+i `"a do athnlaiorchistoricalhhorititi o, thencityi toll lot
United States,
so A building or structure that because of its location
has become of value to a neigbborhood, community area
or the city.
to Value is an aspect of community sentiment o': public
" pride,
w,
a
' !t
%
It I
s
i
KC Minutes
July 14, 1986
Pale 18
$1. 1004 (Vest Hickory - Meets the following criteria,
A. Character, Interest or value as part of the
development, heritage or cultural characteristics
of the City of Denton, State of Texas, or the United
States,
b. Relationship to other distinctive buildlnQ1, sites
or areas which are eligible for preservation accord-
in{ to a plan based on architectural, historic or
cultural motif.
c. Eaaappliflutlon of the cultural economic, social,
athnic or hlstorlu f heritage o the city, state or
United States.
d. A building or structure that because of its location
has become of value to a neighborhood, community area
or the city.
a a. Value as an aspect of community sentiment or public
pride.
52. 1006 Mest Hlckorl - Meets the following criteria:
4. Character, interest or value as part of the
development, heritage or cultural characteristics
of the City of Denton, State of Texas, or the United
States,
b. Relationship to other distinctive buftdin s, site$
SJ
or area, which are eligible for preservation accord-
In to a plan basal on architectural, historic or t
Il« 3 cu~turaI motif.
E rte i
i' c. Exam litic4tion of the cultural, economic, social,
ethnic or historical heritage of the City, state or
United States.
r~
t + d. A building or structure that because of its location r`sr"
has become of value to a neighborhood, community area i
or the city.
Value as an aspect of community sentiment or public
c4.4,ti, t 1 xrg pride.
$S. 1010 Vast Hickory • MOW$ the following criterfat
It. Character, interest or value is part of the
development, baritega or tulfural characteristics
r' of the City of benton' State of texas, or the United
St too,
r p` b. Embodiment of distinguishing characteristics of in
architectural type or a $clean.
c. Aalitfonshi to other distinctive bufld3nfs, Was y:
or areas which are eligible for pteaeryet en ettord• {
X0,1+.r ti In to t plan based on architettural, historic or
nu~{7 i odx r cultural motif*
r..: .
~4`'Fc gyp` . d. Execplification of the cultural economic, social, -4 i
ethnic or historical heritife o the city, state or a..t
w United State/,
e. identification with a arson or persons who
p =h
stgni lceitly toefrlbUted te'theculture and
d 'i ' Fr fly, j
f, Aebuildingtorfstructuri`tLitit'Eeeiulelbldtti loeition
%as become of, value to a neighborhood, community area ¢ !
Nryt y. 5, f,Y~ Jr the city.
~ixp a,t' g. Value as to aspect of community senNrent or public
r o„n a pride,
54, 1011 Melt Hickory • Meets the fallowing crlterist
~ t ~a +x v
R$w"i " t' r ` a, Character, fnterast or value at off of the t
deyaloptent, heritage or cultural characteristics
of the City of Dobton, State of texii, or the United
y . a $Iatoo.
b. Embodiment of distinguishing characteristics of en
architectural type or sracinin. ,
'd ~ f k
T 1~ g~~qy,~c1yy
i
HLC Minutes
July 14, 1986
Page 19
c. Relationship to other distinctive buildin s, sites
or areas which are eligible for preservation accord-
ina to a plan based on architectural, historic or
cultural motif,
d. Exempplification of the cultural, economic, social,
etAnSc or historical heritage of the city, state or
United States.
e. Identification with a person or persons who
significantly contributed to the culture and
development of the city, state or United Stares.
f. A building or structure that because of its location
has become of value to a neighborhood, community area
or the city.
g. Value as an aspect of community sentiment or public
pride.
Mr. Lowry moved for ratification of properties and criteria
for pro erties in the proposed Historic District. Seconded
fi P by Ms. Conrady.
Roll Call votet
Randall d - Aya
r r Catherine Conrady - Aye
tF Ga,yylen yickey -Aye
Dullitt Lowry - Aye
Tom Miller - Aye
,r§y'4 9 r'e Sandra Matthews - Aye
^ v } Nike Cochran Ale
^ Notion unanleousiy carried (7.0) " i` ~rr Mr. Miller moved that pata I paragropA 1 of the Oak Street.
Histurle District Preservation Plan shhould read "late
nineteenth and twentieth century."
+'•'r" ~'r,4 Mr. Boyd stated that the motion should say "late
4S```,°LL nineteenth to most of the twentieth century."
Mr, Hiller amen4,ad the motion to "late nineteenth and most of
the twentieth century." Seconded by Mr. Boyd and unanimously
carried (7.0).
Mr. Boyd moved to approve the Oak Street Historic District
i + },qty Preservation Plan as followsl ,
,OAK s'rKEET HISTORIC DISTRICT p. ;
e DISTRICT PRESERVATION PLAN
Presented Pursuant to
Article ISA-11 (t),
42 Appendix B, tonln! Ordinance
code of Ordinances of t d City of Denton
f4/II ,5t ~ ~ .
The City of Denton his declared it to be public polle It
protect enhance, preserve, and use historic landmarks"and
deelare5 that Such a Ppolley leads to the cultutr peeiberrty,
ducation' and pnotal velure of the people of The e', y
++Yi T cArticle 1eA•1). lmtedral fo the earnYing out of thole
purposes is the creation of HiItorIt D1Sl N cts, limed It e
technical requirements for the creation and administration
rPr . ';"k of Historic Districts is stated in detail in the Code of
Ordinances of the City of Denton. y
it should be noted that the Denton OrJinance his bean t
certified by the U. S. Department of the Interior.
The Clty of Denton Historic Proservation flan, adopted by the
City CCouncil In 191S, states that a w r goal of the City is
$ w`t.. } • the creation of Nilotic District, OR the Olin singles out
a. } Oak Street as one area in which It would be daitrobta to d
create a Historic District. 4
dr` "I t M''
A~ ~ ~ ..,,..r.,~ w.-..-r.., -w..-.w rNw7,MA1k i,~AMlv`b:N~e!1f+Y+f wA~ ~
ELF yIIfy ~ ` . . • 4' N
f
HLC Minutes
July 14, 1980
Page ZO
West Oak Street from Williams to Welch is what was referred to
by citizens in earlier years as "Silk Sto^king Row.', Beginning
in the late nineteenth century, a number ~f substantial private
homes were built along that five-block stretch. The same sit-
uation, to a slightly less affluent degree, pertained on West
Hickory Street. As the evolution of the streetscape occurred,
some remodeling took place, and some new construction occurred.
As a consequence, that five block area of West Oak Street, the
north side of West Hickory Street, Williams Street, Denton
Street, and part of the south side of Pearl Streett contains
representative architecture from the late nineteenth and most
of the twentieth century.
Streetfand becausegofstheirelaterkevolution~dthescreation Hickory ot
the Uoals reetistorlc District will substantially further
8 public policy set forth by the City of Denton.
F... 1. Zoning Classification of Uses
It must be remembered that inclusion within a Historic
s District, like Individual Historic Landmark designation,
t is an overlay ronint in which property retains tts
f basic toning classi lcAtlon.
r
A The majorily of structures on West Oak Street were
fir in place before the City of Denton enacted its first
x ` ttr toning code. As a consequence there are several non-
conforming uses of land within the district. In 19681
In a city-vide rezoning, the area was designated as Y"
Multi-Family 1 (law density apartments beinj the pri-
mary land use under that classification)., fn 19766 at
the raquest of the West Oak Street Association the
City o£ Denton began the policy of permitting voluntary
back•sonins on West Oek Street to the Single Easily
classification without payment of the customary fees. y
As a consequence the Oak Street pert of the area now
is about evenly Lvlded between Multi-Family and Sin
Ile
and Parley classification. The distribution of thdia two
claisifI ations is uneveni however, several blocks are
now, in effect, spot-zoned Multi-Family,
r- It Is recommended that the City Council continue to
encourage back toning to Sintls FamilY to reduce as
y 1.
much .
• much as possible the fneqult ss of chi; situation. It
9,;', t is also recommended that tho'City,Council allow the
owners of property within the Historic District on the '
)t a 4 r;'r north aide of Hickory Street And on Williams, Denton,
and Pearl Streets to petition for similar bsck•sohing
without psyaent of the customary feet.
~F?; njl It is also recommended that the staff of the Planning
r ~ x?° and Development Office of the Citf of Denton strive to
x+¢Y fi4•+, reduce nonconforming uses within the Hlstorle District
~,n f as they are able to review them. F
in snr applitat loft tar echstruetion or remodeling
~i, ; I
71 YC er petit ohart are advised that the City, of Denton ~11
c L; 1 fff
be guided by "Architectural standards for Dulling
s s and Pro DOSed Structures in Historic Disttlets "passed
b the Historic Landmark Cossission on March ~01 1986, cat
which Is hereby attached by rsterence,to this Oak
Street Historic District Preservation Flan. `
y 11, building Code Requirements
~gtir,Y,e ~ tc:_
V" No major revisions of the Buildinj Code its anvisioned,
Stanch di (oryFNitIngiand Proposo Historic Dlitritts.,, f
,d
J
r
Yn I,' d, I I .[udlJp ~yC9 ~ i 1
f s
p
i
HLC Minutes
July 1/, 1916
Yoga 2l
It is recommended that the building Code Inspector
undertake an examination of the building Codr to
recommend changes that would make it possible to move
historic structures into the Oak Street Historic
District, should such an action be found desirable
in the future.
%
III. Sign Regulations
The "Architectural Standards for Existing and Proposed
Historic Districts" makes the following remarks on sign
tegulstioni
A. No permanent or temporary detached sign will be
&Ilawad In the Historic District, exce t signs
M~
announcing construction or the sale of the property
or political sign
s no larger than 1111 x 2411 at
times as allowed by the City of Denton.
B. Permanent attached signs shall meet tie following
guidelines:
.1
y 1. They must be architecturally lnteprated with
the structural
1 T. Their placement must not obscure significant
architectural or ornamental elements of the
1.4 structure=
v3 „4 r 3. the sign and the site of the lettering on the
buildiaj; be proportional to the site of the
1. The color of the sign and its lettering oust be
compatible with the structural
f '
t r C. Attachments which hive the effect of serving to
advertising, including but not 1lrltad to btnnere
fit s. and balloons must be approved by the His.
a/ torlc Landmark Coma~sston, for t~sss'of the
4 [s+ i, United Stites and the State o exas which shall
w be of a site and placement •ppropria~a to the
structure.
IV. Parking Regulations
It Is recomrended that the City council examine
alternatlves that would have the effect it limiting
pstking, FFartIcularly on Hickory Streets to miolalte
kv1 , she negatlva effects of the overflow of
vehicles item
ww n the Jorge multi-family eeaplaxes south of Hickory f
.•T Street.
Architectural Regulations
t
fit, w In accordance with the lattructions set forth in
4 l Article 21A•11 f) (S), the Historic Landsark Coa•
mission has adapted "Architectural Standards for
{
Existing and Proposed Historic Distal te.~~ In pra• 3
vssiutdadtod~t~he SeHistda LC cretary of n~he r Intarler~ltlR } r,
& ° r ^ + Stan~std: fby or the gehibilitation.
~ + ,~gr M = Vt. Transit and Traffic Operations
41.4
both West Oak Street and fie}}t Hickory Streeet serve
4N~` dff~ 3rr as major east-West thotoulhfgres, In sdditlbn to
monitoring traffic intensity of those strata it Is
recommended that the City of Denton bast n o
11ind the need to proride additional fast west frsiflc esrrilrl
as it undertakes major capitol Improvements to the "
City's traffic syttle.
r
"i~ J'~pp f i ww~..w..+. ...v+~.w...„ww i ..~«r a.aafrruWfAi~WiNR{HfWVi` dANJi~9hfN+s.."~" ^'--""w~ ~ ' a S
y f rM[ f 1
'1 [ f
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.
1~ir .%tl - tf r.
,
HLC Minutes
July 14, 1986
page 21
VII. Public Improvements
As the City of Denton continues its regular program
of maintenance, it is recommended that It try to bring
public elements of the streetscape into keeping with
the nature of the Historic District. One early prior-
ity would be to replace the fixture; for street light-
ing with elements more in keeping with the nature of
the Historic District.
Vill. Landscaping
Much of the character of the Oak Street Historic
District comes from Its vegetation, especially its
old trees. No tree with 4 diameter `realer than three
inches measured one foot above ground level shall be
r removed without the approval of the Historic Landmark
Commission. The Historic Landmark Commission shall
" generally permit such removals only for purposes of
Y t; public safety or for spec ifIc purposes demonstrable to E
the Historic Landmark Commission, and In return for
allowing such removal it will generally require the
} planting of a comparable tree at some other appropriate
place on the site."
A a Seconded by Ar. Miller. t;
3 Roll '411 votes
Randall Boyd - Aye
'F',q Catherine Coarady - Aye
Gaylen Fickey - Aye
x Bullitt Lowry • Aye
f ;t' 1 t Tom Miller Aye
Sandra Matthews - Aye
Mike Cochran -Aye X
h t+st k Motion unanimously carried (7.0)
4ky~a5 ~f, Ms. Spivey su gested that the public hearin on the West Oak +
Street Histor~c Distrlet be held on either ~ednasdsy, July 70
" or WsdnesdaY, August 61 1986. She asked if any of the Con k
+ missionern Ahad a preference of time.
:
.•Y~r
%
+ Hr. Fickey stated that he would prefer the meeting to be held
at 500 p.m. 4.'
°`>T
Mr. Lowry moved that the district public hear Ri be held on
' r July 30 , 1986 at 3t.10 p.m. Seconded by Mr. F~ckey add unani•
L rously carried (7.0). i
V. Discussion of 711 West Hickory Street,
i,
Mr. Cochran repotted that the property at 711 West Hickory
ty .r Street is not being developed In compliance with the site plan - i;
approved by the Historic Landmark Commission.
4±y Debra Drayovitch, City Attorney, said she would contact the
develoyer's attorney, Mike Whitten and re oft back to the
Historl : Landmark Commission with ~urlher dOtt It, t o
p"ti rr fitgF'
V1. New Business
Mr. Cochran stated that be had been chairman of the Historic
a~`!r t Landmark Commission for a year and asked for nominations for
a new chairman.
r' ''e z''t Mr. Lowry moved that Mr. Cochran be rl•elected chairman.
Seconded by At, Miller.
Mr, fickay moved that nominations a sae and that Mr. Cochran
be elected chairman. Seconded by Me. Miller and the motion
carried unanimously (6.0),
'+'A
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7
ORDINANCE NO. 87
ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SAL OF BONDS
t THE STATE OF TEXAS
s COUNTY OF DENTON
{a , CITY OF DENTON
r ~y
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
q ~ I
1 That the City Secretary is directed to issue a Notice of Sale of
a~ Bonds in substantially the following form:
It~~'~i.,8 i 31,E
OFFICIAL NOTICE,, OF t.r.:
F
CITY OF DENTON TEXAS
$3,600,000
+t~ GENERAL OBLIGATION BONDS, F
SERIES 1988
The City Council of the City of Denton, Denton County, Texas,
will receive sealed bids at the Municipal Building, 215 E.
McKinney Street, in the City of Denton until:
E
I , 7:00 p.n., Tuesday, February 2, 1988
F
" ~ r for the purchase of:
83.600.000 General Obligation Bonds. Series 19@8 to be dated
January 1, 1988, and to a4tture aerially July 1 each year 1990
through 2008.
Z 1. , l' +~~a Sealed bids
t ~ ,plainly narked "Bid for Fonda", should be addressed
to 'Honorable Mayor and City Council, City of Denton, Texas", and
L'iy t vt i, msf be submitted on the "Official Bid Fors" to be aide available t. ;a
by the City Council prior to the date of sale,
„ o i,y
All sealed ?,ids will be publicly opcned and tabulated before the e'
~ti tiaw ~E i Council.
C Y4' ~L ~•f ~ . ,~j Y i
;a c+ Copies of the "Official Statement", "Notice of Sale", and "Official
W r Bid Fors" are being pre, grad and will be mailed to prospective
bidders on or about January 15, 1988, and will be furnished to any ik
prospective bidder upon requsst, by First Southwest Company, 500
V ? First. City Canter, 1700 Pacific Ave., Dallas, Texas 15201, Financial
'rYk':;",v+~ r,; Advisor to the City.
. a The city roservas the right to reject any and all bids and to waive E
,,d rany and all irregularities,
~S kr
By order of the City Council of the City of Denton, Texas.
g~1 tyi JENNIFER K. 14ALTERS
City Secretary
y
City of Denton, Texas.
1.
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2. That said Notice shall be published once in The Bond Buyer, New York,' ,
'New York, which is a national publication regularly and primarily carrying ;s
financial news and municipal bond sale notices; and said Notice also shall be
published once in the 'Denton Aecord•Chronicle•, which has been designated as
the official newspaper of the City of Denton. Said publications shall be made
x. at least thirty days prior to the day set for receiving bids. '
Y Y j:
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74
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CERTIFICATE FOR
ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF $ALE OF BONDS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undersigned officers of said City, hereby certify
as follows:
1. The City council of said City convened in
` REGULAR MEETING ON THE 8TH DAY OF DECEMBER, 1987,
s at the Municipal Building (City Hall), and the roll was called
of the duly constituted officers and members of said city
i Council, to-wit:
Jen.fifer K. Walters, City Secretary Ray Stephens, Mayor
Bob Gorton Linnie McAdams
" f.. Jane Hopkins Jim Alexander
,
` Randy Boyd Hugh Ayer
,
and all of s;id persons were present, except the following
absentees:
a R thus constituting a quorum. Whereupon, among other bus ness7
the following was transacted at said Meeting: a written
ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS
t d
0,1
r was duly introduced for the consideration of said city Council
~n" Kf r f ''r` and duly read. It was then duly moved and seconded that said
`fist M ordinance he passed; and, after due discussion, said motion,
carrying with it the passage of said ordinance, prevailed and
V0, carried by the follow ng vote:
^ 's
4. L
AYESs All members of said City Council
ti shown present above voted "Aye".
51
NOES: None.
~c
k. z
2, That a true, full, and correct copy of the aforesaid
ordinance passed at the Meeting described in the above and
s , ` r foragoin
9 ~ g paragraph is attached to and follows this
Certifi- cate/ that said ordinance has been duly recorded in said City
Council's minutes of said Meeting; that the above and foreroing ,
paragraph is a true, full, and correct exempt from said City '
"}r f, Council's minutes of said Meeting pertaining to the passage of
} said Ordinance; that the persons named in the above and fore-
going paragraph are the duly chosen, qualified, and acting
officers and iembers of said City Council as indicated therein;
and that each of the officers and members of said city council
,
r y
i l
,
,
y ,2t f
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ref
.
was duly and sufficiently notified officially and personally,
in advance, of the time, place, and purpose of the aforesaid
Meeting, and that said Ordinance would be introduced and
considered for passage at said Meeting; and that said Meeting
was open to the public, and public notice of the time, place,
and purpose of said meeting was given, all as required by
Y~i Vernoni's Ann. Tex. Civ. St. Article 6252-17' ;
{r, 3. That the Mayor of said City has a~nroved, and hereby
5 approves, the, aforesaid Ordinance; that the Major and the City
" Secretary of said City have duly signed said Ordinance; 'and
that the Mayor and the City Secretary of said City hereby
declare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordi-
4 K
c k# nance for all purposes.
SIGNED AND SEALED the 8th day of December, 1987. ° lo,
~nYr r
re
city Secretary Mayor
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SEAL)
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DATEt 11/20/87
CITY COUNCIL REPORT FORMAT
TO: Mayor and F:embers of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: Section 12S Flexible Benefits
y
RtCOM_MENDATION:
Based on the bid proposal evaluation, we are
z'+ s recommending that Employee Resource Administration
Corporation be awarded the contract to administer the
7i City's Flexible Benefits Program. Section 12S of the
Internal Revenue Code allows employees to pay for
certain benefit expenses with "pre-tax" rather than
c' "after-tax" dollars. The implementation of a f
J Flexible Benefits Program allows employees to
increase their take home pay et n,) cost to the City.
SUMMARY:
The funding for the Flexible Benefits Program was
lay r^, " presented to City Council and approved as part of the
FY 87/88 budget. Under Section 125 of the Internal
'P; fir Revenue Code, a Flexible Benefits Plan allows l
x employees to pay for certain benefit expenses with f
"
pre-tax" rather than uafter-tax" dollars such as: ,
n r a'„i
" r o Heal,4. Plan Premiums
o Unreimbursed medical expenses
o Dependent child care expenses Al
>sx~,. Depending on the options selected, such a program can
have a significant impact on an individual employee's
xgiye rx ' , take-home pay. The i■plementation of a Flexible4
Benefits Progra■ benefits employer and employee as ,t
follows:
o Employer FICA savings
o Enhanced income tax savings
o Enhanced benefit package
o Employee receives increase at no cost to the
City
1 ~Cy~hv,rt~ tai
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Report Format
Page 2
BACKGROUND:
Four bids were received for the administration of the
Flexible Benefits Program. All bids were evsluated using
the following criteria:
o Cost
o Ability to administer the plan
ea - Claims processing
- Check distribution
o Communication process with employees and City
r, Personnel Department
' o Roferences
Y 1V ~ ~
ti'p` rY', Based on careful evaluation and analysis, we are
recommending that Employee Resource Administration
Corporation be considered for the administration of the
Flexible Benefits Program, Employee Resource
Administration Corporation will be responsible for:
o Communication materials
o Employee meetings
o Process and pay claims
o Monthly billings
i' nl t t
Information for annual SS00 reports to Internal
Revenue Service f
o Anti-discriminst'on report
oAnnual employer data summary
t1Y 3 1
pp o Annual reimbursement plan summary
The City did receive two low bids; however, we are not
recommending that the contract be awarded to the lowest
Fp+a yt bidder for the following reasons:
o Staff is required to administer the program
o Individual life insurance product will be offered
o The administrative burden and expense of s
administering the plan internally
.
1, {o{t~~:'h~+*'~Y~i4.v..w.•A-A:..e.. w.no sl:J....a n._..
~ E
Report Format
Page 3
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Participation in the Flexible Benefits Program is ;
voluntary. However, all regular full-time City
employees working 40 hours weekly and regular
part-time City employees workin88 at least 20 hours
t` .rL weekly will be eligible to participate in the program.
A,
FISCAL IMPACT:
' TOTAL COST $32,129
ESTIMATED SAYINGS TO CITY $18,400
' NET COST $13,719
The breakdown is as follows:
GENERAL FUND OTHER FUNDS
8,649 $59080
Respectfully submitted:
S.Oxw WOW//
` arre
City Manager %
JAI
Prepared by: I ``T tir>[ JJ
1 E
om$S nc k, rector k" An'
4e'rboniel/tiol6yee Relations
Approved:
y a } 1 it
g f} e -McKean; ecu ve Director 4 t} Municipal Serv ces/Economic Development
t! 4346P
110387s0410
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CIS A
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14
R! ~
Y
CITY Of DENTON / 215 E. McKinney / Denton, Texas 7WI J
,
~Mf, MEMORANDUM
r
TO: Betty McKean, Executive Director
aW. Municipal Services/Economic Development
FROM: Thomas M. Klink, Director
Personnel/Employee Relations
!
};tip DATE: November S. 1987
SUBJECT: Section 125/Flexible Benefits Recommendation
w , h r
}+31 I
' Background
The funding for a Flexible Benefits Program was approved in the FY 87/88
nefits.:,
budget. Under Section 125 of the Internal Revenue Coder a Flexible Be
Plan allows employees to pay for certain benefit expenses with "pre-tax"
rather than "after-tax" dollars such as:
o Health Plan Premiums .
^rb, y ^ o Unreiskmsed medical expenses
o Dependent Child Care sxperses
The Implantation of a Flexible Benefits Program benefits employer and
,i~,.ry L eaployee as follNas:
0 Employer FICA savings
0 timployee income tax savings F
o tsd benefit package
o 8sployee_receives increase at no cost to the city
` Section 125 Bid Proposals w
included with the health and life insurance bid proposal was a bid request for
, gthe administration of a Section 125 Plan. Bid proposals were submitted by the.
& , sr t a a following companies:
r a
o Employee Resource Administration Corporation
o Foundation Financial Services
`'T ^ o MEBCQ
!
o Coordinated Benefits Systems
1
r
1 -1 F S nil.
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R
1
Section 125
Page 2
Bid Proposal Evaluation
The Section 125 bid proposals were evaluated based on the following criteria-
o Cost (See Appendix A)
o Ability to administer the plan
o Communication process with employees and Personnel Department
o References
Appendix B outlines plan administration, communication process, and references.
We are not recommending that the two lowest bidders be awarded the Sectf.on 12S j
'Y contract for the following reasons:
o City staff is required to administer the program ,E
o Individual life insurance product would be offered I ;s
o The administrative burden and expense of administering the plar.
internally. 1 41
Recommendation
' Based on careful evaluation of the services and costs offered by the four
+y +!k r` bidders, we are recomending that the Section 12S contract be awarded to
Employee Resource Administration Corporation.
. It
Employee Resource Administration Corporation (ERAC) will provide the following k
f services:
~F !l L '1, l
tl 1 Y
i
o Cowunication materials
t2 '1 o Employee meetings
o Process and pay claims
o Ibnthly billings
o Information for annual SS00 reports to Internal Revenue Service
o Ant I odiscr laine tion report
o Annual empYoyer data summary
xF' y t s., o Mnu41 re aburaemeat plan summary
The total cost for the program is $32,129. (See Attachment C for cost '
breakdnm.) lbwever, ispleaentation of this program will produce an estinted Y'
FICA savings of $18,400 for the City of Denton. Therefore, the net cost will
be $13,729. This figure could go up depending on the percentage of employees
Perticipatieg in the program.
If ywt have any questions, or need additional information, please let we know. 4
631~Y , Thank yw.
,f
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APMMIX A
FLEXIBLE BENEFITS SECTION 125
r'
Foundations 1 I Coordinated.
Fapioyee Resource 11EB00 Benefits 244"
Adsinistrstion Corp. Financial Services
$9,700
$5,300 None
Start ug,Fee ` $10000
Admin. Cost $15,354 $14,400 $12,600. $17,460
r r.
ti
$ 3,227
Pi3as
r{ r +
Y rrr r.
. $U,950
$i20548
, Cawi►tnlcatlalsr' ~ r [ t
1, I, Y, r ' i I ~ e.
r x ^r, , $1:~eoo $420110
$b+l'A~ COST $!2,129 $190700
tttirfi
Si ' s x
r
422AP/?• 7
1110$7:0410
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APPENDIX 8
FLEXIBLE BENEFITS SECTION 125
,
Evaluation Employee Resource Foundation I I Coordinated
Factor Administration Corp. Financial Services WEBCO I Benefits Sytems
Plan lld■inis- o hnti-discrimination o Anti-discrimination o Anti-discrimin- o Anti-discrimination
trat}on reports reports ation reports reports
o Monthly billings o City would have to oRecord-keeping and o Monthly billings
o Annual employer data administer plan, cut I accounting on all to Annual reports
spry checks, etc. I participants to Information for
o Monthly activity o Annual account annual S500 prep-
report statements aration
o Information for annual o Monthly reports i
SS00 preparation I([
Communication o Conduct group and jo Assist City with o Conduct group and lo Conduct individual
individual employee enrollment meetings individual meet- I and group meetings
meetings o Enroll employees I ings to Benefit booklets
oil to Individual coo
di sEuffersa Disadvantage • City could puter reports
o Supply each employee Rive o a ■ nister theDisadvantage • Will
with individualized plan, cut checks, etc. (ot era versal
computer runs Life Product. Mould
o Benefit booklet f
have to administer
plan ourselves
ReEerenee8 o Tlmberlnm Hospital - o Irving Independent o City of Midland - o City of Dallas -
l excellent, very pro- School District - very very fine job; present employee
fessional presentation helpful in,conducting however not enough was Benefits Man-
seminar sessions help. Structure ager for City of
o North Park - Outstand- of presentation I Dallas. She setup
ing; interviewed many o City of Greenville - very confusing their plan before
co 0519 very fine job in assisting she left
pleased, recordkeeping with implementation of o Athletic Supply -
t ; accuorate$ timely, the plan very pleased.
claims processed very Implementation
welly saving several o City of Waxahachie - went very well
$1,000/yr, very responsive to
City's needs
o ~inob llege - very E
B
4
.E ,
y A L`, i Y . Y
Y[ i f
AM..
APPENDIX C
i DjpLOyEE RESOURCE ALMINISTRATION CORPORATION E
FEE SMEDULE j
$ 1,000
system Set Up '
A" e
Includes all necessary input to implement plan and
s provide necessary plan documents.
f
Administrative Costs 8,604
R 1T
612.00 annual fee per 717 eligible employees includes
anti-discrimination reports, monthly billings, annual f
at; employer data summary, annual reimbursement plan summary,
F = r` monthly activity report, information for form S500
preparation, establishment of bank fund and bank
reconciliation.
$ 3,217
i r ^ a Supplies
e r " X440 per employee includes slides, brochure, survey forms, „
computer printouts, claim forms, and election documents.
d,~i ~ , • '
Coaaunication x120548
$17.SO per employee includes announcement to employees, group
' Y meetings with employees, individualised computer runs for each
rye ti., employee and Individual counseling sessions with each employee.
Total Employer Administrative Costs $2S0379 bployee Administrative Costs $ 617SO
» $3.00 per month per rticiP4tin8 employee includes clam forts,
pa
employee reports, claims auditing, and check writing. ti
rr K . _
TOTAL COST $529129
t
r x i~ 4357p
111087:0110
"A11~ ,e
A
F I f
M 441 ~
J a jt
p ~ x i •I ...."..rxw~eyy'.•.(....H.n'~',@'=G+,ii'ti.,''ssvhWs:w.,wc+ma, _ -
'4l i'l~{ ~.'~.~M~•,~rM".w+eir.wrw.Y~+...x. u..... ~aw?9!KiRK~srTs 'M'i
i° • l' J
p
f
« f
2125L
NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
EMPLOYEE RESOURCES ADMINISTRATION CORPORATION FOR ADMINISTRATIVE
SERVICES RELATIVE TO THE CITY'S PROPOSED FLEXIBLE BENEFITS PLAN:
> AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN
a e EFFECTIVE DATE,
` .a
4+t THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor is hereby authorized to execute
the contract with Employee Resources Administration Corporation,
a copy of which is attached hereto and incorporated herein.
~ . r
SECTION II. That the City Council hereby authorizes the
expend tore o funds in the manner and amount as specified in the
agreement,
SECTION 111. That the City Council hereby authorizes the E
city Manager to execute the City of Denton Cafeteria Plan in E
i2ta 4 substantially the form as affected in exhibit B attached hereto
upon receipt of confirmation from Deloitte Haskins b Sells that
the Plan complies with all applicable federal laws, f
` SECTION IV. That this ordinance shall become effective aa•+, .d
h ~
imme ate y upon its passage and approval.
h '
,,pax 4 jj r-
W~ 7
PASSED AND APPROVED this the day of , 1987.
yf 4 it F
At L.
+
~04 J,
RAY STEPHENS, MAYOR w
ATTEST:
JENNIFER WAFTERS, CITY SECRETARY
r~ APPROVED AS TO LEGAL FORM: ri
u'^ a DEBRA"ADAMI DRAYOVITCH, CITY ATTORNEY
BY.
i W F 'y ~e _ ~ t
{
vNAW,
i
J
t
C F
THE STATE OF TEXAS I AGREDLW eETK'EEN THE CITY
OF DENTON AND UPLOYEE
RESOURCES ADMINISTRATION
' COUNTY OF DEr?C51 S CORPORATION
r w
,I c;+ This agreement$ executed the 1st cay of January, 1988, is between
the city of Denton and Employee Resource Administration
Corporation, (the Claims Administrator), a Texas Corporation.
1 R
WITNESSETH:
SECTION I f
YJ
The Plan
7+ "i
1.1 The City of Denton will adopt a cafeteria plan of benefits under
Section 125 of the tax code (the "Plan") providing means by which,
ligible employees of the City of Lenton can secure the benefits set
e
forth in he plan.
fkkf`r 1,2 The administrator of the Plan (as defined by the fsiployee Retirement
lncome Security Act of 1974) is the City of Denton.
rl
w 1, * 1.3 The name of the Plan Is the City of Denton.
The effective date of the Plan is January 1988.
1.5 The Administrator hereby appoints a Claims Administrator, an
independent third party administrator, who will perform ertain t'
functions for the operation of the plan. E,
ti t r. . ~ ; f
l `
¢ t d y,~~r Y SEA TZON 11
,
a
. k, The Claims Administrator
FS +°,;`y 211 The Claims Administrator, within the scope of its professional ability r*
a*tP and its employment unde- this agreement, shall provide certain services
~•„y,r~":' ` for and shall assist the Cit7 o Denton and the Plan Administrator in'"
r, rf Fi the administration of the Plan as It ray be requested and authorized
froa time to time. Such services shall include, but not necessarily be .,a
limited to the following:
a. Completion of y reports and
payment of claims from the Plan to the
iy
participants, h: Provide periodic reports summarizing Plan expenditures.
ar`r1~) G 'I y c, Provide necessary data required fur regulatory disclosure
t fi, ~v information compliance.
;1 ~4
p' )~~Y r~ nI..W1.NV .NIa ti w f 4~*.r(Lt14 kY .r.~ II)r
11Y1 J Yl 1' ~ ~ '~y1'tN~ 1 .1
tt~ c~ i +
r.A j~l 11r P i0.` 'I
RAN Y-~!'15"~• .
f+
,
S
Page 2
d. Provide claim review, examination, and benefit payments, in
accordance with the Plan Document.
e. Maintain the Plan checking account, and all the necessary records
for the Plan (if required).
f. Communicate the Plan to the city of Centon employees in accordance
{,g with the Claims Administrator proposal submitted on July IS, 1987.
g. Provide information for form SSOO preparation. E
h. Prepare anti -discrimination report as required by law.
2.2 The Claims Administrator is authorized to do all things it deems
necessary to carry out the terms and
5~ purposes of this Agreement,
including the execution of documents in the name of the Plan.
°
The Claims Administrator shall design and provide all necessary forms
for the implementation, administration, and operation of the Plan,
k
SHUT[ ON I I I
h
r y
The City of Denton
3.1 The City of Denton shall assist the Claims Administrator in any
reasonable manner as to provide the services as set forth by the Plan.
Such assistance shall include, but not be limited to the following:
The City of Denton shall provide the Claims Administrator with a
; complete list of all employees who are eligible for benefits of
*her Plan. Thereafter, the City of Denton shall promptly notify
K - the Claims Administrator of any and all changes in emplo;inent for
purpose of determining eligibility for the Plan. Notification
'aw{ shall include termination, lay off, change in classification, I
change in dependent status, or 9ny other change that may effect
the eligibility of any employee of the C.cy of Denton.
3.2 The City of Denton shall provide the necessary funds to pay the Plan ~t
expenses. The City of Denton shall transfer all funds necessary to the r
t*, proper account in order that proper distribution by the Claims
y Administrator may be carried out,
a, The City of Denton shall collect the contributions made by the
participants of the plans in th, manner it may deem appropriate,
and shall transfer the money so collected to the Plan on a monthly
or wore frequent basis,
y ;k n; b. To the extent of its liabilities, the City of Denton herr;,f agrees j
* to make all necessary contributions to neat the obligations
incurred by the Plan for its eligible participants and eligible
Era `rt,~ dependents where applicable. The Plan liabilities shall include
f; premiums, claims costs, and administration costs as billed by the
Claim Administrator,
1 '^-«+^~rwawa `vlMitsdKyN~e,,vAe,uw ~ {i f'''
14
r
%
n L
t
Page 3
3.3 The City of Lenton shall assist in the enrollment of the employees into
the Plan, and shall maintain a supply of forms, enrollment cards or
other documents, and shall distribute or make available such documents
to the employees.
r,
3.4 The City of Lenton hereby agrees to cooperate with the Claims
Administrator with regard to the proper settlement of claims and Plan
h obligations, and transmit any inquires pertaining to the Plan to the
Claims Administrator. j
SECTION IV 4
4
Procedure for Application and Payment of Benefits from the Plan
4.1 Any eligible participant or participant's eligible dependent(s) may
f ? make application for benefits from the Plan by completing the claim
r ;,1 form prescribed by the Claims Administrator. The applicant shall fully
r),5A and truthfully complete such application for benefits and the applicant
la shall supply such pertinent information from personal or professional
sources as may be required by the Claims Administrator.
4.2 The Claims Administrator stall accept any application for benefits made
in the appropriate manner, and shall determine eligibility of such s
application in accordance with the Plan Document. If the Claims
Administrator determines that the applicant is entitled to receive
payment of benefits from the Plan, the Claims Administrator shall
determine the amount payable by the Plan, and arrange for the payment
of such amount. If the Claims Administrator determines that the 5
arty ,.'.F applicant is not eligible for benefits from the Plan or any portion
thereof is denied or reduced, the Claims Administrator shall notify the
applicant and the City of Denton as to the reasons for denial, or
reduction of such claim.
r d't t The Claims Administrator may compromise or adjust any claim,
application or application previously denied, or reduced in whole or !
part, as the Claims Administrator feels may be in the best interests of j
the Plan, If the Claims Administrator adjusts any such claim, he shall
provide written notice to the City'r Personnel Director within 5
working days of such adjustment. The Claims Administrator shall be
;a responsible for the initial review of all disputed claims.
SECTION V
Compliance With ER1SA and Indemnification of City
S.1' The City of Denton and the Claims Administrator agree to comply in all
respects, individually and collectively, with the Employee Retirement ;
Income Security Act of 1975 (ERISA) and amendments thereto, and with j
all federal and/or other regulations pertaining thereto, as they relate j
)fir A to the plan.
4/ 'v~Y~3~:•'n,',e F' _ .na•aak.Y ldW%14,liMr':ktiiXMiir+3a'M1~7d::d'R114rtl+dti#.~.a+PwrR••. -
Page 4
Claims Administrator agrees to indemnify and hold the City of Lenton
harmless from any and all loss, damage and expense, including court
costs and attorney's fees, resulting from and arising out of claims,
d>mands, or lawsuits brought against the Claims Administrator for any
negligent act or omission in administering the Plan.
Further, the Claims Administrator agrees to indemnify the City of
Denton end hold the City of Denton harmless against any and all loss,
damage and expense resulting from or arising out of dishonest,
nA'rJ• fraudulent, or criminal acts of the Claims Administrator's officers
and/or employees, acting alone or in collusion with others.
SECTION VI I
r ~ ,rf
Sr ~ ~
6.1 The initial set-up fee, for the first year only, will be $1,000,
payable upon completion of open enrollment. In addition, a fee of
.50 per employee for supplies and $17.50 per employee for
communication materials shall be paid upon completion of open
enrollment. Said will be based upon the number of employees that are
4°} eligible to participate in the Plan.
The Claims Administrator shall be entitled to a fee for its services to I . '
the Plan and under this agreement, which shall be determined by the
number of employees enrolled by the City of Denton at the beginning of
s each month. That fee shall be an annual charge of $12.00 per
' ~e~mptoyev. In addition, a fee of $3.00 shall be charged for each
ar£icipant per month.
6.1 The fee agreed upon hereof shall be reviewed with any plan changes
and/or at least on an annual basis by both the City of Denton and the
Claims Administrator to determine the adequacy of such fees. The fees
provided for herein may be adjusted by written amendment to the
SI~y agreement approved by both parties.
K M1 t Sn ~
r~;, tf SECTION VII I*
,r _
Termination of Agreement for Claims Administrator 101
7.1 This agreement may be terminated at any t'.me by either party by
providing ninety days written notice to the other party. Upon
notification of termination by either party, the Claims Administrator
shall continue to process all claims incurred up to the date of
termination, and Mail$ not lbter than sixty lays after the date of
termination, prepare and deliver to the City of Denton a final and
complete accounting and report of the Plan's financial activities,
say ~
7.1 Should either party fail to perform in accordance with the provisions ,
~PA A of this Agreement, the other patty may treat such failure as a default
of this Agreement and give the defaulting party thirty (30) days'
written notice to cure such default. In the event such default is not r
cured within said time frame, the party giving such notice way
terminate this Agreement.
5
r
i
I
ii Page S
j SECTION VIII
Miscellaneous Provisions
811 In the event of resignation or inability to serve by the Claims
`l administrator, the City of Denton may appoint a successor. Any
successor, upon appointment, shall succeed to and be invested with all
powers conferred on the Claims Administrator. {
8.2 If during the operation of the Plan, the federal government, the state {
government, or any political subdivision or instrumentality shall
assess any tax against the Plan, and the Claims Administrator is
;Q. required to pay such tax, the Claims Administrator shall immediately
notify the City of Denton and the City of Denton shall promptly provide
the funds necessary to remit such taxes to the proper authority.
r •
8,3 This agreement may be amended by the City of Denton and the Claims
" Administrator at any time by mutual written consent of said parties. tl,
k,,~,rw F, y 8.4 In the event that the City of Denton shall fail to make any required
!x,~ contributions to the Plan, the Claims Administrator shall have the
right to terminate this agreement upon fifteen days written notice to
the City of Denton. f
a's In the event of termination of this agreement resulting from the
default of the City of Denton, as provided above, the Claims
r•, H'" Administrator shall charge, and the City of Denton shall pay to the
Claims Administrator all fees, commitments, and obligations Incurred by t.
the claims Administrator through such date of termination.
8.6 The Claims Administrator hereby is designated the agent for service of
%legal process on behalf of the Plan at its principal office.
8,7 Claims Administrator agrees that it shall be in compliance with all
j, ; laws, statutes, and other governmental provisions prevailing during the
term of this Agreement,
i•~~7"~ 7 a1n J J - ~ _
+w{ ,5 8,8 It is agreed that Claims Administrator shall maintain and make '
available for inspection, audit and/or reproduction by an authorized
representative of the City or any other governmental agency, books,
docuaknts, and other evidence pertinent to the costs and expenses of
' this contract. This includes, to the extent such detail will properly
reflect, all costs, direct and indirect costs of labor, material,
equipment, supplies, and services and all other costs and expenses of `
whatever nature for which reimbursement is claimed under provisions of I
tiR~ at, "r
i this Agreement.
l f
a d i PI yyS I v
p, ll ,
'Ph 1 S xV f
a e Fw;,.. x..~«
E I 1
.
77 i
Page b
SECTION IX
Effective Date and Term
Fey r.: w
x c 9.1 This agreement shall become effective on January 1, 1988, provided that
the City of Denton has adopted the Cafeteria Plan described in Section
1,1. If the City of Denton has not adopted the plan on or before
January 1, 1988, this agreement shall become effective upon the date of
c r adoption.
f 9.2 This agreement shall be in effect for a period of one (1) year from the
effective date as outlined in Section 9.1.
9.3 This agreement may, however, be extended for up to two (1) additional _
one year periods, upon written approval from the City Manager.
' IN NITKESS MiEREOF, the City of Denton and the Claims Administrator have
executed this agreement at , this day of ,
t
°lt,, s kr~ 19
CITY OF DENTON, TEXAS '
,y p
d r ti ,
k~•~l`j, ATTESTt yi"a
t. r
JENNIFER WERSi CITY SITRETAT
i APPROVED AS TO LEGAL FORM
DEBRA ADMSI 1DRAY0VITCH, CITY ATTORNEY y'r
BY1
h
.f
y,
' THB CLAI)'S ADMINISTRATOR;
N ,
EbPLOYEE RESOURCE
;a
ti `k~'" r4'' Y y( AMINISTRATION CORPORATION
An,lN
y~J 4 rs~ W 1~~ Hat JERRY Ms PWIDENT
,
0. rN"
i F
4397P ~a
1.20387:1)14
i
filA < i i.
t~ r.'i L ~ i r a ~
y~ry ~=r 4 ,l Ir 'rl
i
i
~ 1 4
4~}w, 1' ~ 'A L Sri ~ A t r ~ „Ajl r~1 '1 1 k D .1 ,Y
i
1 F
2122L
NO.
r
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COMPROMISE AND
SETTLEMENT AGREEMENT IN THAT CERTAIN LITIGATION STYLED DENTON
COUNTY VS. CITY OF DENTONr BOARD OF DIRECTORS OF FLOW MEMORIAL
;a HOSPITAL, H. E. FLOW TRUST AND JIM MATTOX, ATTORNEY GENERAL OF
TEXAS; AND DECLARING AN EFFECTIVE DATE.
f WHEREAS, a dispute has arisen among the City, the County, the
Hospital Board, and Attorney Ge-eral and the Trust with regard to
the extent of the obligation, if any, of the city and the county
to support Flow Memorial Hospital (the •Hospital')l and
'j WHEREAS, a dispute has arisen between the City, and the
+ l County with regard to the extent of the obligation, if any, of
r' { Cie city and the county to provide the funding necessary for the j
ys Hospital Board to provide the health care assistance required by ii
the Indigent Health Care and Trust Act, Tex. Rev. Civ. Stat. Ann.
art. 4438f (Vernon Supp. 1987) (the 'Act") at the Hospital; and
WHEREAS, the County instituted the action styled Denton
count Texas vs. city of Denton Flow Memorial Hospital
Boat
H. E. F ow True an J m Mattox Attorne Genera o the State
+ o Texas, m e 211t Ju ft a D 8 r ct COuCt, Cause No.
rf97-1900-C (the "Action*) seeking a declaratory judgment on
certain matters; and
WHEREAS, the Foundation and the Medical Center, while not
joined in the action) have bona fide and substantial interests in
the issues' made the basis of the action; and ,
WHEREAS, bona fide disputes and controversies exist among the sfi
parties herst), both as to liability and the amount thereof, and
by reason of such dispute and controversies the parties hereto ;
desire to compromise and settle all claims and causes of action
of any kind whatsoever which the parties have or may have in the
future with regard to the fundingr operation and maintenanco of
the Hospital, with the exception of those claims speoifically
acknowledged herein as still outstanding, and intend that the
full terms and conditions of the compromise and settlement be set I
forth in this Agreement; and
WHEREAS, the council having previous' authorized the Mayor
to execute such Settlement and Compromise Agreement on December
1,'1981, and now wishes to ratify such authorization by written
14
T; ordinance; NOW, THEREFOREp
F F +t:5 ~n~ 1, N
r
%
F 1 'AI
'•iri l rw Y .fib , i
11 -T~
s
t
i
' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor's execution of that certain
Compromise nd Settlement Agreement between the City, the County
the Hoard of Directors of Flow memorial Hospital, Jim Mattox,
Attorney General of Texas, the H. E. Flow Trust, Flow Memorial
'Y } Hospital Foundation and Flow Regional Medical Center, inc.
ti relating to the above-referenced lawsuit, a copy of which
4 agreement is attached hereto and incorporated by reference
R~ 1. x
hetein, is hereby, in all respects, ratified,
SECTION 11. That this ordinance shall become effective
immeT,ate`ly upon its passage and approval.
PASSSD AND APPROVED this the 8th day of December, 1987, f
lei M1N
44\J' ! d 2 ♦IJ v
RAY STEPHENS, MAYOR
L ,I t C:
r 4f
lq ti r r
ATTEST:
JENNIFER ,WALTERS CITY SECRETARY
1',If't ,1 r :
APPROVED AS TO LEGAL FORM: }
V DEBRA ADAMI DRAYOVITCHi CITY ATTORNEY rl`
w ,
} r~ ♦ h 411 .
r
bYl'.
1 A0
~t
1" 4' ~11
,
r,y ids r'~ f , ~tY
~ r1 n I h is ,ro i~,y 4 y /rVn♦.n1rM`r.a _ .~+'.+N:n9~b9 i aSt~~~~'Mwwn.nw.m.• ♦ j.
yf 11 f a,~~r ~~~4 vi ~ fi " ' '!~CN r,1~ l ~ J F 'p.`Y
iJ`k na k 4 .
u
}111 dr L S. I ' t , I t~
Y
NO. 87-1907,-C
,r
' t DF.NTON COUNTY, TEXAS, § IN THE DISTRICT COURT OF
,r Plaintiff, §
f ¢
I I 1- 4.
1., V . ¢
YY { .hfi T. ¢
r)a#ri`rt CITY OF DENTON, FLOW MEMORIAL § DENTON COUTY, TEXAS
fa , HOSPITAL BOARD, H. E. FLOW ¢ ra
TRUST, and JIM MATTOX, §
ATTORNEY GENERAL OF THE STATE ¢
r t~ OF TEXAS, ¢
Defendants. § 211TH JUDICIAL DISTRICT
,r
~(w z yZ,
TO HONORABLE JUDGE OF SAID COURT:
pia I " '
a~ COMPROMISE SE7'U'LEMENT AGREV021T
4y Thin COMPROMISE SETTLEMENT AGREEMENT ("Agreement")
dated An of the 4th clay of December, 1987, by acid among the ?
City of Denton, a municipal corporation (the "CITY"), Denton
4
County, a political aubdivteion of the State of Texas (the
'rr ``rr;x "COUNTY"), the Board of Directora of Flow Memorial Hospital, +
y„-t r
a Volitical subdivision of the State of Texas created "
r r; ,
a,'.,4q pursuant to Article 44941-1 of the Texas Civil Statutes (the J
"HOSPITAL BOACD"), Jim Mattox, Attorney General of the State
of Texas (tha "ATTORNEY GENERAL"), H. E. Flow Trust, a
'fir #yp),k' testamentary trust (the "TRUST"), Flow Memorial Foundation,
a.'Texas nonprofit corporation (the "FOUNDATION") and E'low ( ~y
Regional Medical Center, Inc., a Texas nonprofit corporation
(the "MEDICAL CENTER"). a
~S1r .Rel 7gj°"} e'.
i
b5 7L ,
5,~r iir i 4 1h U t.' t'. y i
rki Y ♦at r ~ y ~ .,.'r--.~. - - _,...,hv.. t• yv~y,~ww".°.^' '"".w I.
11 MV V. 1 S' l 1
5 t..~ J a ~'~6 r 4 j ih ,
J
{
Y? i_T N $E li:
,
<11 WHEREAS, a dispute has arisen among the CITY, the
c
COUNTY, the HOSPITAL BOARD, the ATTORNEY GENERAL and the
p
TRUST with regard to the extent of the obligation, if any,
of the CITY and the COUNTY to support Flow Regional Medical
Center (the "Hospitaltt)s
WHEREAS, a dispute has arisen between the CITY, and the
COUNTY with regard to the extent of the obligation, if any,
of the CITY and the COUNTY to provide the funding necessary
lty for the HOSPITAL BOARD to provide the health care assistance ,Nj
`IS required by the indigent Health Care and Trust Act, Tex.
'
Rev. Civ. Stat. Ann. art. 4439E (Vernon Supp. 1987) (the
"Act") at the Hospitals
Zt t ; c~ r w ~k , .
' "`6' WHEREAS, the COUNTY instituted the action styled Denton
If kw' County,. Tex-&A- _q,Cityoi bento1,_ Flow, Memorial Hospital =f
su ` ~o BoardH;. EFlcy-Truat,-and Jim~Satto~_.Attorn General of
~F h iS4 t F V
thewStAte__of Texa4, in the 217th Judicial District Court, a
tai dd Cause No. 67-1909-0 (the "Action") seeking, a declaratory
t, r
judgment on certain matters
1 , I
WHEREAS, the FOUNDATION and the MEDICAL CENTER, while
not joined in the Action, have bona fide and substantial
interests in the issues made the basis of the Actions and
1
WHEREAS, bona fide disputes and controversies exist M I,
Y
among the parties hereto, both as to liability and the
t~~~"1~ 4" : t Iy
1 y I I,
.ti r :f
syktiah~~,~~3 `ttG, amount thereof, and by reason of such dispute and controver-
rt3 1t,lr side the parties hereto desir,j to compromise and settle all
N F iyY y{t.~
,
JT ✓ a - - ..M\MYF'1JVIM'TR~~'T'VITa~~I{]W iCWP' „1 ~ /
1 ' I t Y
4't i r rf 1 I, t
i r a H• , 1 ~'~f. y. I
j
1 I
A A_
claims and causes of action of any kind whatsoever which the
parties have or may have in the future with regard to the
funding, operation and maintenance of the Hospital, with the
exception of those claims specifically acknowledged herein
as still outstanding, and intend that the full terms and
conditions of the compromise and settlement be set forth in
"t
ny
this Agreement.
'~1 3• NOW', THEREFORE, for and in consideration of the joint
it IfIt
covenants herein contained, the receipt and adequacy of
which are forever acknowledged and confessed, the parties
k+ ~If m"kt fit" hereto agree as follows:
It
* I
t
<f CITY COVENANTS
1.1 Cash Subsidy. The CITY shall deliver to the
'`S f HOSPITAL BOARD at the Closing, as defined in Section 1.4 of
+xif' that certain Asset Transfer Agreement dated December 4,
1987, by and among the MEDICAL CENTER, the TRUST, the
COUNTY,, the CITY, the HOSPITAL BOARD and the ATTORNEY
GENERAL (the "Asset Transfer Agreement") (the "Closing"),
,44
yy~a ; for use in connection with the operations of the Hospital, a ,
cash a0sidy of Two Hundred Thousand Dollars ($200,000) 'Lot
fta» ` . be applied to accounts payable on the books of the Hospital
444 r t,.,,+ y Yea: -
+ d as of December 31, 1487, provided that the Two Hundred
Thousand Dollars ($200,000) may be used as working capital
It _,kj
if said funds are replenished by the MEDICAL CENTER to in 4 1
iti n '+F d,Y+t*
t F ,~U`yhf - is
K, r q TTM1" _ ."'""'.""n.•Kr.~ea@+Nfe~wYfiMV/a~+.it~~ f~'r°r.. + , ,,4i
1 9 V
! \ d
irl ~tl x " p r 'v j"
1 "
' `Ak h "Fl 1 ~ti
tl Y a;-0! r l t S ! I'
accounts payable fund at the rate of Trty Thousand Dollars
hi
($30,000) per month beginning February 1, 1988.
1.2 Deferment _of-.Outstanding_ Utility, Payments. The
Ss r CITY agrees that payment of up to Two Hundred Twenty-Six
Thousand Dollars ($226,000) (the "Utilities Debt") of the
r c,
amounts owed to the City of Denton Electric Utilities
("Denton Electric") for utilities provided the Hospital on
or before December 31, 1987, may be deferred pursuant to the
provisions set forth in Section 5.3 hereof. The MEDICAL
CENTER shall pay Denton Electric an amount equal to fifty
percent (50X) of all amounts in excess of the Utilities Debt
owed to Denton Electric for utilities provided the Hospital
10, on-~t=►for De~eehi~e-3r-i9~7z at the Closing, as defined
gYea , y in Section 1.4 of the Asset Transfer Agreement, and shall '
pay Denton Electric the remaining fifty percent (50X) of all
amounts in excess of the Utilities Debt on February 1, 1988. j
1.3 SerY
ices Ag__
reement. The CITY shall enter into an
x ,a
1 ct'r~ ~i „ agreem-nt (the "Services Agreement") with the MEDICAL CENTER
ty
,,gyp: 4 ~'Ytr1 Under terms acceptable to the CITY under which in exchange
kY« for the provision of valuable services to or for the CITY,
Cie CITY will
pay the MEDICAL CENTER a services fee (the 1f
"Services Fep The term of the Services Agreement will
cT " ' f
y r commence onkthe due of exesu~ 1 of the Svirviced Agreement
and, unlead earlier terminated pursuant to its terms, will
terminate on October 1, 1989. r
, p r
F
~ E 'S ^ .+hi6i 5aff ~~I~N%f1~da's+uwaw-....
d Y + ~'i 4 y1 a ' P r ' '~'~YMnrrJe ,
.
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f
1.4 Ass»mption__of_. Hospital _Debt. Subject to the
k , obligations of the MEDICAL :ENTER, the CITY shall assume
' fifty percent (50%) of the HOSPITAL BOAFD's indebtedness, if
any, outstanding as of December 31, 1987, under the $290,000
eA,•~; Denton County-City of Denton, Texas, Hospital Board Revenue
Bonds, Series 1975 and the $280,000 Denton County-City of Y'
Denton, Texas, Hospital Board Revenue Bonds, Series 1975-A ,
f' (collectively, the "Bonds"); the remaining pi-rtion of the '
HOSPITAL BOARD's indebtedness under the Bonds, if any, shall
he aertumed by the COUNTY.
1.5 Transfer _o,f_lrt_reat. The CITY ahall transfer its
right, title ani interest, if any, in and to the Hospital to
a • ~So
4:.
the MEDICAL CENTER on the date of the Closings provided,
A li'A Y I fnY
however, the CITY shall reserve an appropriate inters»t in
any or all of the Hospital's fixed assets as security for
the; full satisfaction of all indebtedness or liabilities of
Hf j,,i' { 3 1 r a
the Hospital existing as of December 31, 1987, and the
performance of the MEDICA:, CENTER's obligations under this
~~d Sr'f 7y ~a,~h n c t i
'Agreement. The CITY and the COUNTY specifically deny any
r„; ,tyi 'e liability for the debts and obligations of the HOSPITAL a;
BOARDi prcvided, however, that in the event any 'actions are
ease; ted against the CITY or COUNTY. for such debts and
obligations, the CITY shall defend and hold hritmleas the }k
a ' + + d° 'Erf£ '
COUNTY from such actior, for a total sum against both the A I:'
CITY and the COUNTY not to eiceed Four Hundred Thousand
Dollars ($400,000). In the event auch actions shall reault
➢ yfC, ~Lr~ FF
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11
in judgments in excess of Four Hundred Thousand Dollars
($400,000), the CITY and the COUNTY shall equally fund such
{ r<
judgments and the costs incurred in defending such actions
~ a
until the assets secured by the security interest created by
thA Security Agreement referenced in Secti-In 5.6 hereof are
" liquidated.
1.6 R< lease __of _,COUNTY. The CITY hereby fully and
rI
completely releases the COUNTY of all claims, deman•ts, and
;,rr''`?' t causes of action whatsoever, known or unknown, past, present
sr future arising out of or related to (1) that certain Flow
Sy ti,
'1.,. ,ayf Memorial Hospital Agreement dated as of July 19, 19716 by
and among the CITY, the COUNTY and the HOSPITAL BOARD (the
Flow Agreement"), or (Si) the peat, present or future
operation or maintenaacs of the Hospital.
VO IN
7~~~^+<d yr"
~'I.
f y FOUNDATION COVENANTS
+ r.M y k
~yy
!A v
2.1 Ctolletergl. The FOUNDATION shall provide such
collateral At such time and in an amount bnd form as are
reasonably tiecessary in order for the MEDICAL CENTER to
♦ x M
MrA yl'1 ,l, n I f:
~<f.r obtain a loan in the principal amount of Four Hundred
`Thousand Dollars ($400,000) from a banking inatitution under
s s, ,y
such terms and conditions as are acceptable to the FOUNDA-
TION for purposes of paying certain accounts payable due and
ar, n + ry4~ otrlit,q 4s of December 31, 1987.
+yd rat'` t "nt ; R,'~
1 41
I J ~/I NI
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IN-
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i
COUNTY COVENANTS
3.1 Aeaump-tion_of_.6ond_Debt. Subject to the oblige-
t1ons of the MEDICAL CENTER, the COUNTY shall assume fifty
percent (50X) of the HOSPITAL BOARD'S indebtedness, If any, 'Y
' outstanding as of December 31, 1987, under the Bonds,
;'rv 3.2 indiget_ Care_ 0,1'
# _ tgatior~. The COUNTY shall, '
effective as of September 1, 1987, assume in
' addition
to its
'+4~ °a obligation, if any, responsibility for the obligation of the
r CITY, if any, under the Act to
provide funds for indigent
health care assistance. Tho COUNTY reserves the right to
rr!! ' "'r litigate the CITY'S obligations, if any, under the Act and
tri"
whether the CITY has I
F
provided adequate funding fox, its r,,
c a r
sr+ ,f obligations, if any. To the extent that the CITY to held to
have failed to meet itn obligations under the Act, the sum
of Two Hundred Fifty Thuuaand Dollars ($350,000) plus all
payments made by the CITY under Sections 1.1 and 1.3 of this
Agreement plus interest at the rate of eight percent (99}
per annum on any and all of the outstanding utility payments
' Y referenced in Section 1.2 hereof from the date such payment
i ,y,y4f was due until the date of payment pursuant to the provision
aet forth in Section 5.3 hereof shall be credited against
} rp
<n% Any amounts for which the CITY is found to have failed to A" sJ4,}tar! rs adequaterly,'fund its obligation under the Act,
4i
~ri ,rN~ it r 4;,
'~iw'`F - 3,3 T.fJIAs.A' of H~PIi~.._Y gt.4.J~e. The COUNTY shall
r,;+rYr., rr transfer all of its right, title and interest, if any, in
~r ~4r r c ~r-
-7-
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r
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tIT tl. " r ,C ' Y~dWM aIG~~'G1X'`hiY~'INtiNW...w+w*......... an".Y d
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,
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and to the Hospital to the MEDICAL CENTER on the date of the
Closing, subject to the security interest descrioed in
' Section 1.5 hereof.
3.4 Relenee__QE_ CIIeX. The COUNTY hereby fully and
completely releases the CITY of nil claims, demands, and
known or unknown, past, present
causes of action whatsoever,
IyP `
or future arising out of or related to (i) the Flow Agree-
ment, of (ii) the past, present or future operation or
maintenance of the Hospitalt provided, however, the COUNTY
may, as provided in Section 3.2 hereof, continue to litigate
the issue of the CITY's liability, if any, under the Act and
does not hereby release any such liability.
(~p~°~ rr"' , e3 .l•.. as I IV.
le!
HOSPITAL BJARD COVENANTS a m
ef.,
4.1 Trenefer of. Aessta awe d.Obliaat-ios. The HOSPITAL
i P' Y .ro n
BOARD shall transfer on the date of the Closing, all right,
title and interest to all of its assets, including, without
limitation, all of its right, title and interest in and to
the Hospital, and all of its obligations related to the
operation of the Hospital to the MEDICAL CENTER.
pia ''3 4,2~lea~~ of-the_~ITY aid the COUNTY. The HOSPITAL
A
BOARD hereby fully and completely releases the CITY and the
demands, and causes of lotion whatso-
COUNTY of all claims,
aVOY; known or unknown, past, present or future including
~
but not limited to those arising out of (i) the Flow
!C'1 ~7 e N v w ` y tI,
^3 l
4 Ali
M 5 f yl l~tw'1 r~ I ~ h. _
Y '
~ O'., tiP" I ~ _ r i V ICYiFwTAk111Y,1Al'` ~ ~^_",rN.A'YV J T ,
f Pr ~ I.!?R' i Y •st 1
' i
i
fi
Agreement, (ii) the past, present or future operation or
maintenance of the Hospital, or (iii) the past, present or
future funding or provision of indigent care under the Act
or otherwise, except as reserved to the COUNTY in Sec-
tion
3.2 hereof. '
V.
MEDICAL CENTER COVENANTS
ssumptlg of_f(ospital •_Ogeratign The MEDICAL
CENTER shall on the date of the Closing, accept the transfer
14,
of all right, title and interest to all of the assets of the
HOSPITAL BOARD, and all of the right, '-itle and interest of
the COUNTY, the CITY and the TRUST, in and to the Hospital,
K,4 y 'J and assume all obligations relating to the Hospital.
y A+S~~ 5:2 OQeration end Mei~ten~nce of t a Hospital. The
MEDICAL CENTER shall maintain and operate the Hospital in
T (a accordance with the provisions stc forth in Section 1.3 of
7 '4 '1 y ~NJ Ithe Asset Transfer Agreement.
5,32y payments, The MEDICAL CENTER shall
i, pay,
«1411 titility bills
presented for payment by L^nton Electric
on or after January 1, 1988, on or before the dUe date set
forth in the utility bill in question. In the event the
MEDICAL CENTER tails to p,y any utility bill on or before '
the due date set forth in such bill, all amounts then owed
Denton Electric by the MEDICAL CENTER, Including, without
limitation, the Utilities Debt„ shall immediately become due
Ri rP,; A 4 R N 1 J
~srr,4!"~ ~ ~ rl
1 q a t
J y r ~ " t 4 1 9 ~c, ~~i
y
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,
and owing and utility service shall be terminated until eve-h
amounts are paid in full. The MEDICAL CENTER hereby
T ; acknowledges and accepts responsibility for the Utilities
Debt ow9d for utilities provided the Hospital on or before
I
a December 31, 1987, and further agrees that by continuing to
accept utilities from Denton Electric, the MEDICAL CENTER is
s;ll. acknowledging tho validity of the Utilities Debt and the
tolling 'of the statute of limitations with regard to any
action by the CITY to recover the Utilities Debt. The
~s, MEDICAL CENTER shall pay fifty percent (50x) of the Utili-
ties Debt on or before October 1, 1990, and pay the remain- '
ing fifty percent 150X) of such debt in six (6) equal
Monthly installments, the first installment to be paid on 7 v
.r NO'Vember 10 1990, In the svent that the MEDICAL CENTER
fails to pay any portion of the Utilities Debt in accordance
with the foregoing schedule, the entire unpaid portion of
the Utilities Debt shall immediately become due and utility
dervicas shall be terminated until such amounts are paid in I
'ful 14.
} 5.4 L&on. The MEDICAL CENTER shall secure on or
befof•.the date of the Closing, a bank loan in the priicipal
' Iw amount of Four Hundred Thousand Dollars ($4006000), The !
MEDICAL, CENTER shall use the proceeds of such loan to pay
`I
uA av,1, I L is r„p ~,1 - _ In
rir t ac~uunts payable of the Hospital due and owing as of Deeem-
,
,Yx bar 31, 1987,
°,1 t' ~ of Y~,, , r
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~ f
4p 1, 9 t.4
A
s~y
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Yn [ , r fit:
1 11
tiro -lo-
Qi
I I ~~t~ (h •1 Yry iA}I~Mrw -.+rx~~yp,~~~~1►1t r.Fr.xwr. _ ,.,...,y p '1
Al~.i JI L , SI
I °
'9 , i h 4,' . , t 4 ,
,
14,
1
l l\
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Y ~
r 5.5 Service~e Agreement. The MEDICAL CENTER shall
enter into the Services Agreement referenced in Section 1.3
i, hereof. Further, the MEDICAL CENTER shall pledge for
rr, payment of the loan referenced in Section 5,4 hereof all of
" the Services Fee receivod
pursuant to the Services Agree- ~'?1
ment.
5.6 Security. As security for the full and timely
tn{+ payment of the indebtedness or liabilities of the MEDICAL
If°~ 14 r,~ i...CENTER to the CITY and the COUNTY, whether now or hereafter
c~. t4 M
arising, and the performance of the MEDICAL CENTER'a obliga-
ti
Y l} 1 ~ ( J r
9 ' f A
~a tione under this Agreement, the MEDICAL CENTER shall duly
1 I+ u
oxecute and deliver to the CITY a security agreement (the
1
"Security Agreement") and a deed of trust (the "Dead of
Trust +nT.
"),both in a form and substance acceptable to the
„a CITY. The CITY shall, at the CITY's cost and expense, cause f k
Qf`';`Ar all instruments and documents given as security pursuant to 4
f
this Agreement and the Security Agreement to be duly
recorded and/or filed in all places necessary to perfect and
protect Us security interest of the CITY and the COUNTY and
the property covered thereby, The MEDICAL CENTER hereby
autthorizee the CITY to file any
financing statement in respect of any security interests created pursuant to this I!
M' 3r, Agreement or the Security Agreement which may at any time be
r 04
s~ ! reauired or which, in the opinion of the CITY, may at any
x w y`
ti,nie be desirable' although the same may have been executed
only by the CITY, or, at the option of the CITY to sign such
I 1; ak~"111,at' Arf
A 0,
4
i r
n
rp ~ ~
M'~r~i,:J la RI t
k,K t r 7
JM'. , -~~H'4 c'rE~:ar A.vw4r..r.... r r+.. .r+Mt! f
r 1. !
t 1
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1, J
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, f, Y ` 1 + d
y I~r4Y,~ Y 4 r s 6 I i * r 7 ! ' 4 r p%
1 , ;o
t. l 1'
MIS f
}
financing statement on behalf of the MEDICAL CENTER and file
the same and the MEDICAL CENTER hereby irrevocably desig-
nates the CIPY, its agents, representativea and designee.n as
agents and attorneys-ln-fact of the MEDICAL CENTER for this
r r Purpose. In the event that any rerecordinq or refiling
yy4; thereof (or the filing Of any statements or
f
as continuation or
~5 r assignment of
any financing statement) is
' « ~ • • Protect 'and required to ~
Preserve such lien or security interest
s {5 ~ CITY shall. at Its coat and expenses CdUae the a
recorded ame to be
a
nd/or refiled.
7 e
c~ y,,~ 4 r,~I# ~,leaae .of the_CITX,_ the COUNT
110& RD, The MEDICAL CENTER ~ end the HOSPITTAA
hereby fully end completely
releases the CITY
, the COUNTY and the HOSPITAL BOARD of all
demands
claims, and causes of action r
Whatsoever, know
} n or
unknowns past
present or future arisIng out of or related i
Itia~+ to (i) the Flow Agreement,
{ii) the past, present or future
1!Y 4r I~ l
rah>~ operation or maintenance of the Hospital, or i!! the
4 Present or future past,
funding of indigent care under the Act or
"~r+ atharwise
hs, except for specific services rendered under the
=~f f
j Act by the MEDICAL CENTER after January 10 1988.
g rt
ATTORNEY GENERAL cOVENANTS
,~a b , " r~•' The ATTORNEY GENERAL
x r .
11for the State of
re Vexes and as
Probe a
'eta+,1 ve of
'r r't`e a , the beneficlarles of the TRUST expressly y
acknbwled ied ; r
{ and approves ach and every provision of this ~r.
r V
E~4',r tt ^,,%5w.rr^ a-'n'r~'Id(k"Iwaww...-...«.,. ...~...w-,,.w •4
.
u n J
~M151ni ! ) , ' ~ar A
1 ,~r
Agreement and all other documents and agreements referenced
herein.
VII.
TRUST COVENANTS
rr {t~6 Yi. ~ ~ r\
A 1r1 •j 11. ,
7.1 Trnrysfer Interest in~the~iospital. The TRUST
n a, shall on the date of the closing, in a form and fashion
consistent with a similar transfer by the CITY, the COUNTY
and the HOSPITAL BOARD, transfer all of its right, title and '
interest in and to the Hospital to the MEDICAL CENTER.
7.2eleaee of the CITY, the COU2TY ana the HOSPITAL `
F +1 •
The TRUST hereby fully and completely releases the
r ! , AAA.
thb COUNTY and the HOSPITAL BOARD of all claims, 4
C3TY0
demands and causes of action whatsoever, known or unknown,
-
past, present or future arising out of (i) the Flow Agree
r
ment, (il) the past, present or future operation or maints-
nance of the Hospital, or (iii) the peat, present or future
' funding or provision of indigent care under the Act or
otherwise.
7.3 Dissolution__oj_ JRUgT,. The TRUST xhall, on or
before the date of the Closing, seek and obtain -a judgement
t +:Frls r:. y,' by a court of competent jurisdiction declaring (i) that the
f t
TRI)ST has fulfiller! its purposes, (ii) dissolving the TRUST
and transferring its assets, if any, to the MEDICAL, CENT&tl,
and'(iii) releasing the Trustees from. any further duties and
k " , E 4 i ;,r liabilities past, resent or future.
✓rJ,~~ r(v~ .ut r?
T l ,,t
-13- ~I
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'"R 1y,~r•' ~AS~h ..1 Y'~.lw•^. ~c\[~ Y , i.. - w+'nMwY,.'W,~k,~r~~''~M,MI"M wl.r+ 1[ `'~~T;k
n 1
,
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3
,
444 r ' - '
~ ~4 YlY ~ i l ~
T;.
71
i
` Y
VIII.
ie
CONDITIONS PRECEDENT
The parties sha1.1 not be obligated to take any action
under the terms of this Agreement unless and until the
` folLowing events have occurred or waivers thereof by all
+~`r parties to this Agreement have been obtaineds
<.r (a) The MEDICAL CENTER has agreed to deliver the
Kyr?° a Services Agreement referenced in Section 1.3
ya
hereof in a form and substance acceptable to the
i;`ti~3'• ' , C1TY1
(b) The MEDICAL CENTER has agreed to deliver the ,
Security Agreement referenced in Section 5.5
i,aK~ hereof in a form and substance acceptable to the it
rM:•.
CITY and the COVNTYi
'1 4
J
(c) Any and all acknowledgements or approvals required y'
A
under the Sonde have been obteinedl r,A{;
{ae p"+~`( + (d) The MEDICAL CENTER has received a loan commitment
in a form and substance acceptable to the CITY
k ~yµ from a banking inefitution for the loan referenced
in Section 5.4 hereof i
(a) All necessary approvals and assignments have been
c a :S obtained from governmental and private entities
and
t ,F x
(f) This Agreement and all documents referenced hareilti
a p~r~Mi~'. 't1,` have rece!ved appropriate approval from the.
governing bodies of the parties hereto and have
rn i, .'a, S r 4
`14. y,
r ~d ~ y
t j1ti {td
1 3 ~r,a~ r Vj _ ..N
sy,
t s r 11 1 i 5 f,
I
-~-~^-----~A-
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,
.
{
~y
4 ~
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,s,; been executed and delivered by the a I
PPropriete
P++rttea hereto and thereto.
~I ~4;~ ~
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+
IX. ~
r~ ~ ,
fr" ENTRY OF AGREED ORDER
f , ~ ~ ~ '
,
ra The parties hereto agree that this Agreement wil! be ~
1^'`` r%k, set forth !n arroposed agreed
judgment to ba submitted to ~
~',~ta ; ~ the court where the Action le currentl •
' ~°`~~'s L'Y ° ~ r ~ and entry therein. Y f__ed fir approval :a`E
Y;; ~ ,
7 Ali.. 1 t ( ~ 1' 1, .y'.~,p~ S
/ Ytiln. { T 1 y
n~ y
W jj ~ ~r X• i
~ I~ V v it I~YI ~ ' r
rr
*~k,,^~.r~ 7~,t.~ TERMINATION
»Y/,
~r~t+ J', w'~ir 1G 1
~t "Y T^erminaticn b1, Agreement. Thle A ~ ,
4'''`' r° ~ ' ' ~ ~ terminated b greemenk may be
' b~ W ~ ; e , a7 Y the
joint written agreement of the parties to ~r.
~ ~ t~
°,r,"r a~ ~y ~ terminate this Agreement ~ ~
,~a~. ~w • on the terms end date et ~
therein, iPulated
~ . 1
~5" 1
t s ^ 5
44tt r
A Y.vr „,1~a ~ 9~~w~, , d. ~,i
~ MrscEI,wNEOUS ~ `
1 ~ rH '
~ ~ ~ , ~ ,i.~r 11.1 !~<L~~.~.l~e_i4t~ of Gisb
ti~ ~Y~ Each of the ~:erties
, here~oacknowledge and agree thst this Agrearsent~conatitutee ,
`~s~?r the co,npromiee of doubtful hnd disputed c r , .
~ r
Mi
~ B ¢ ~i ~ ~ u I
~ ndthin contained, hereip shell be construed Jaime, and that
AI ~lY Y Y /R`a
m^ , .a ~ ee an
' t ~ i,nx of lfebilit ~ edmleelod ~ } :°°,i
r Y by or an behalf of ati of the V' '
,'y ~n a~ ` y parties, .all ouch
,~,~,,~r~~ ~ 1SabiliCy being ex
+r > r~~,~. w.. Aresely denied ~ ~ ,
t K
t d. N
t~~ ~r ~:~~1 ~ ~ i. E
I Y ~
~Mu~(r,., s 4 ,~f i
S .
.M
n a,
-+n w
Lf, ~',i ~Y . 7. ~"~'~K!^µ °"~`~.krYA1YN4MJM~.~wr•~~.n. ~ ~ y.,~
;~E~fr .~~~t pp f + i.
~r a .J ' t. F ~ i ~ , i.
1 ~ ~ r
tit ~ c
,
5 ~ ~ ~ n 1
~ ~ t ~ „
~,~'1r~, ~+.A ,f~ ~ t~, ~ ~ r ~ ~ ~ F Y ~ ~A ~ ~ 1 lqn.
~ s ph y A
iv? I~R~i ' " ~~s N ~ ~,Y
e L .,1 C;r ~
i ~1 " Q' Y.. i i ~ ~~Y:..
'i '
r
l
I 1.2 Notices. Any notice, demand, or communication
required, permitted, or desired to be given hereunder, shall
be deemed effectively given when received, whether hand
` delivered or mailed, duly addressed as follows:
CITYr City of Denton, Texas
i Municipal Building
t Denton. Texas 76201
Att
ni
City Atto:ney
COUNTY: Denton County, Texas ,
1",p. : fat Courthouse on the Square
'~'~'~.r~,c Denton, Texas 76201
Attni County Judge
i
99 HOSPITAL BOAADr The Board of Directors of Plow
I Memorial Hospital
1310 Scripture Street
Denton, Texas 76201 "
TRUSTi H. E. Flow Trust „
c/o Vic Burgess, County Judge
Courthouse on the Square ,
Denton, Texas 76201
ATTORNEY GENERAL! Attorney 09neral of Texas r '
e P.O. Box 12548
°^y, Austin, Texas, 78711 `
Attnr Charitable Trust Section ! c'
iC r MEDICAL CENTER: Flow Regional Medical Center, Inc.
218 North Elm Street
Denton, Texas 76202 ;_+Y
Attni President
FOUNDATION: Flow Memorial Foundation
Denton, Texas 76201
or to:such"other sddreas, and to the attention of such other
pers6n(e) or officer(s) as a party may designate by written
f, .
p✓~', Irs notice:
xrt' 1~,3 ,Goyernina Lai. This Agreement has been executed !
and delivered in, and shall be interpreted, construed and "
k, 0
Y "
n r
.
iF I l t r { •I
2 '
'1 4 110
t'j
r^ r 1. r {
:
i
enforced pursuant to and in accordance with the laws of the ,
t
Texas. All duties and obligations of V.e parties created
hereunder are oerformablr, in Denton County, Texas, and shall
be the sole and exclusive venue for any litigation, special
proceeding or other proceeding as among tho parties that may "
be brought or arise out of, in connection with, or by reason
stir •;,n ' r
r ' of this Agreement,
' 11.4, Waiver of Breach. The waiver by any party of a
breach or violation of any provision of this Agreement shall
,7 n !
not operate as, or be construed to be, a waiver of any
subsequent breach or violation of the same or any other
provision hare-3f.
,~~v rt`~w 11.5 Enforcement. In the event any party hereto
A in-
y resorts to legal action to enforce the terms and provisions >``t
of this Agreement, the prevailing party or parties shall be µrr!
entitled to recover the costs of such action so incurred,
including, without limitation, reasonable attorneys fees.
11.6 monde an Numbs . Whenever the context hereof
requires, the gender of all words shall include tho mascu '
line, femi;,ine, and neuter, and the number of all words
n I 1 ~
~3 y rr shall include the singular and plural.
Fora a u s. No party hereto shall be liable
a nor deemed to be in default for any delay or failure in
performance under this Agreement resulting, directly or
indirectly, from Acts of Cod, civil or military authorit)"t
.
acts, of public enemy, war, accidents, fires, skploaion~,
1~E>.rID o `f ""Y
yyy .G n
r
LL A i , !may
ILti `.}A i 1'J
a1
7 7
~t9 ! b ~t.,ef ,u
9 5 ,
Y
R
- i
A~
earthquakea, floods, failure of transportation, strikes or
other similar work intercuptions by the party'e employees, '
J. K~ or any similar or dissimilar cause beyond thn reasonable
control of the party.
11.8 Severibilit,.. In the avent any provision of this
!1
Agreement is held to be unenforceable for any reason, the °
unenforceability thereof shall not affect the rettainder of
this Agreement, which shall remain iu full force and effect
nd enforceable in accordance with its terms. x
11.9 rti.•...c.le_.._ and Other Headings. The article and other
w yr j..._ 1
headings contained in this Agreement are for reierence
r 'r purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.. ti
! k r~'11 ~ ` i t ' '
11.10 Amendments and Agreement ExocutiThis Agree-
F I ~ i Y 1 ,C ~'~',Y
c4tcS meat and amendments thereto shall be in writing and executed u
ry+± r in multiple copies. Each multiple copy shrill be deemed an C , I
. ~ original, but all multiple cedes together shall constitute ~
gone and the same instrument.
t
s ! i1 ~ Cdr
11.11 Entire Agreement. This Agreement, the Asset ~r
1
Transfer Agreement, attached hereto as Exhibit A and the
` exhibits attached thereto, the Services Agreement, attached
t1 t1A,. r
~ -hereto as Exhibit 8, the Deed of Trust, attaeh9d hereto as
Exhibit C, and all documents referenced in the aforesaid
i~'°14 e1 a~ documents (colleutively+ the "Documents") supersede all
precious contrasts and constitute the entire agreement among
the parties. No party hereto shall be entitled to benefits
L I'
"et" d rYw ~
S S }w 1 4r -le- ,
a ~
k ,
.e N~~.~~9 !r 2 i 31 1 N 7-- _ ~ n.:a.p,'.~J► ~t1~M~'Y~NIFI"n w`Ym. !f LII
y , + 1 }
I ;Si F ~ i7 1.. v ,r ' R i ♦•16 ~ ~ y^ fi e.~, ~ z t 1 . Y 1
J
%
p y'
i-
other than those specified in the Documents. No oral state-
ments or prior written material not specifically incorpo-
rated in the Documents shall be of any force and effect and
no changes in or additions to the Documents shall be recog-
nized unless incorporated herein by amendment as provided
i~
I
y►' rj~$ herein, such amendmente(s) to become effective on the date ° zy
P , e
and in the manner stipulated in such Amendments.
10IN WITNESS WHEREOF, the parties have execured this
ale, '
Agreement in multiple originals as of the date above first
written.
tV, ~
CITY OF DENTON eft
Il ~
Byt
Ray Stephens, Mayor ~ s
}M~d a7 , J r DENTON COUNTY, TEXAS
Y
rti,tr~ Vic Bargees, County Judge
THE BOARD OF DIRECTORS OF FLOW e;'y
I
' MEMORIAL HOSPITAL
j yf~ G{111a il' . .~1
By q
r
Mary H. Wi111ar.a, President
JIM MATTOA0 AreORNEY GENERAL Or THE
STAVE OF TEXAS a
,IM By t
-~p
41;M , Ann Xitchen,Aaalstent
Attorney General +
~ ,IC~~ t+{ ~ e I
•7 P 4• 1. 1
41
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! yr+ s {4•
,
r
H. E. FLOW TRUST
~♦1 1
By i _
+x t'. Ray Stephens, Trustee
p* By3 _ G
w 'F Vic Burgess, Trustee r
ePi , .311 y,f ~ ~ .Y.
s. ;
W 1"` By George Highfill, Trustee
By:
~ rv •'e. ` Robin Lane, Trustee
`
FLOW REGIONAL MEDICAL CENTER INC.
+i h
Y , Byt )~r
+G, Sennett Kirk, President
t?;,1 + rSrS'` r;,i FLOW MEMORIAL FOUNDATION
1
,
Or F
»r <"`~a'> Respectfully submitted:, '
ALLISON 6 WHITE
% Byt
James P. Allison
1, r
yYl mot: 919 Brazos Suite 204 T'4
Auetia, Texas 78701
512/482-0701
State Bar No. 01090000 #
ATTORNEYf FOR PLAINTIFF
DENTON COUNTY, TEXAS
~ 4w al ~ Z
yy,r. r tw
W+y'X 1 I d, -20-
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WOOD, LUCKSINgER & EPSTEIN
Bye _
Bill R. eludworth I
1221 Lamar,
Suite 1400
Houston, Texas 77010
713/951-2436
t l~ h ! , i e
State Bar No. 02510000
ATTORNEYS FOR DEFENDANT
CITY OF DENTON
"c
JOHNSON & SWANSON
. k .
at'd ++"s s Byi
tEdward J. Hopkins
900 Jackson Street
I \ 5 1
r Suite 100, Founders Square
Dallas, Texas 75202
~k' d x 214/977-9000
State Bar No.
k, an ATTORNEYS FOR DEFENDANT
ow" u FLOW MEMORIAL HOSPITAL BOARD
i '
i JIM MATTOX, ATTORNEY GENERAL 02
THE STATE OF TEXAS
w
fit; y "
~a'~" !
" Ann Kitchen
Charitable Trusts Section
P.O- Box 12548, Capitol Station
Auetin,. Texan 78711
yn ° 512/463-2002
State Bar No
ATTORNEY FOR DEFENDANT
i Y M 4~ 5
141.
~0~ i r a
JIM MATTOX, ATTORNEY GENERAL Of,
+ THE STATE OF TEXAS
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EMBIT A
ASSET TRANSFER AGREEMCsNT
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EXHIBIT B
SERVICES AGREEM MT
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EXHIBIT C
DEED OF TRUST
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~ DEED OE TRUST
TFiE STATE OF TEXAS 1 j
1 1fNOH ALL MEN BY THESE PAESENT9~ I
~ COUNTY OF OENTON 1
I1
'fry That FL!+H REOfONAL MEDICAL CENTER, iNC., a Texas ,
nonprofit corporation (the Medical Center") of Denton
County, Texas, hereinafter caF2ed Crantor, for the pur ose i
of roeurlnq the obligations Mteinaftar described, an !n
consideration of the sum of TEN DOLLARS
h+nd Paid by the Truetea hereinafter namaR410.00) to w !n
' i^ vhlch !s'hereby acknovIedged, and foe the tuether conslderat
~ haan of the usoa, purposes end trusts harelnalter pt tooth,
ref } greniCeetla~andlconve conveyed, and by then presents does
Y~ Y pore Bernard A. Duco, Jr. of Nartis
r Count Texu Trustee, and hla substitutes of sueceuots ~
r ~ .
all o[ the follovlnq described property situated fn Denton ~
`r - County, Texea (th• "County"1 I'as dKlned in that certain
+ Deed of Con'~ayance dated May 26, 1949, from tM Trustres of
r floe Memoelal Nospitai, a political subdivision of the State
of Texu created pursuant to Astlel• 44941-1 0[ the Texas
Clvll ,ltatutes ("Ploy Memorial Naspltal"), to thra Danefi-
t " efaey and to the County (a• both patties at• herelnatter
t~ deflnod) ■nd as tiled in the Real Property Records of Denton
+ r,t,~ County under Clerk's Pile No.
V to-vita
x ~i - ` That certain tract or parcel of land situated in
i F, Texaa1 part Dot tthea R County of Denton, State o!
i
r `;e r~i~ lows~l' and more partieularlY td ~crlbid ~et~ it
i
~ ~ 9EOtNN1N0 at a concrete marker 60 teat north of
, z+r G~ . ~r,, the south boundary line of 8erlptur• Strut !n the
~,Rfr".t'" ~°b~ ~ City of Denton, Texu, and 60 feet east of the '
4b,4r;. Dentea uTaxul line of Szyan Street !n the City o[
w€
'''~4~~°,,~ ~ TNENCE North 8Be 36' Eas ~ ,
r, 4r..', ,R t 707. _
of curvature S tut to the fn
rr 3 t
y{ ,i try, ! h .'t w of a circular curve to the lattl~
' rr'~ TNENCt is a Nottheaa!erly dlteetton along th• ass ,
of old curve vhosa radius is 17! Hst, a dlstane• ,
ti~~' ~,a i~~~~1;' at ?OS.7e teat to the
r •=,V r curve point o! tangency of said
~'r ~ ~ ~ THENCB North 0• 17' •aet 464.5 Het to a concrete i r
rN`,;I~4~r 1~. marker tot corner)
~ .'r.' TNENCS North 89a 3d' Nest 839.1 feat to s concrete
et market !ot cornett
'TNCNCi South 0° 14' Hest 602 tact to a place of
~ ° beglnnin ,
~?'r*r~ v;., 9, snd being thra sarwe rtes! of land
e » conveyed by Addts Setlptues, •t, al, !o the llov i,
f MemoHel Nospitai Trustees b! dud dated Auquet 1,
.k'~,~ r ~ 1947. rind recorded In Voiuaa »7, Page 47! o! th• k
~ Dad Records of Denton County Texar, tsar that
`~ia;t: r L
„r c itriitn ut said tract dedlcetec~ to the public for
~t~yr', r, ~s r P rposes.
y tZ 4 ~
+'~~r ' ,,I togetliir NwlthAtthe= ilentr ehe ebogra de~cribsd preDerty,
.vr9~ ~ thsteto belon !n unto Eh♦ is dttnlitio, iedd toPppuurt4nenees '
` Lutes or sueei4sers lrrever, And Cantor doss hireLybbind
,fi itself, its wccueer, •nd sselgns to warrant and torewr
~ .r~, defend th• r~ld ptemlau unto the said Trustse, his ~ubetl-
' a' , r, ~ totes Or sueceuors r,nd au!
rC .~,,,.;9 r gns forever, agslnst the etsiel, ,I.'
NI.4 I nt a. ply ~ , .i
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or clalma, of all p*reotis claiming or to claim the same or
any part thereof.
This conveyance, however, is made in TRUST to secure '
the "Obligations" described as followai
(a) The observance and performance of and compliance
with all of the obligations, covenants and condi-
tions expressed or implied in (1) the Asset
Transfer Agreement dated as of Dacombcr 6, 1987
(the "Asset Transfer Agreement"), by and among the
Medical Center, the Board of Directors of flow
Memorial Hospital (the "Hospital Board"), H. E.
Flow Trust, a testamentary trust (the "Trust"(, "
r and the City of Denton, a municipal corporation
(the "Banslioiary"), (ii) the Compromise Settle-
Mont Agreement ((the "Settlement Agreement") dated
as of December d, 1987, by and among the Benefi-
ciary. the County, the Hospital Board, Jim Mattox.
Attorney Ceneral of the State of Texas, the Trust,
r Flow Memorial Foundation, a Texas nonprofit
corporation, end the Medical Center, (iii) the
Services Agreement dated as of , 1988
(the "Services Agreement), by and between the
c "a efd7 - Medical Center and the Beneficiary, and (!v) the
Security Agreement doted as of , 1988
(the
edical S Cantory and the Beneficiary ( between the
{s t the "Agreaments")i Y eollectivsly,
M
c , (b) The repayment upon an Event of Default (as herein-
yp after defined) of any and all sums, together with
4r; interest (!f any) accruing thereon, which have
been or may hereinafter be advanced by or on
' behalf of the beneficiary or the County to or for
the benefit of the Medical Center pursuant to the
terms and conditions of the Agreements or other
wlwl
(c) The pa ant of any and all sums from time to time
owing by the Medical Center undo, the' Settlement
,Jtrc.~ Agresmentl and
(d) The payment of any and all sums required to fully
compensate Beneficiary for anyy and all damages
resulting from an event of default and+r any of
f4y `v the Agreements. `
Grantor covenants and agrees as followal
° 1°viw That it is lawfully seized of said property, And has
the right to convey the same. h c'•:'
u' fr 3 To protect the title and possession of said property
peel h.,r sad to pay when due ■ll taxes and assessments new existing a'r
l or hereafter levied or assessed upon said pproperty, or the ;
' interest therein crested b this Deed of Trust, and to <
ptve +ndmaintain his ion hereby created as it lien
to x'r r'. prime Y other on the property oxeapt for
v,.1t'" tl (a) Mechanic s, matedialmen's, vor)tmen e, vendors or 1.
other unlotarmiued lions and charges incident to
+ ?,7 construction or maintenance provided that the. made
shill be disrhnrged in the ordinary couref of
business ar the amount or validity of the ease
shall be duty and diligently contested in good
u faith with any pending sxecutlon thereof
Appropri- ately stayed,
(b) The lien of taxes and sswest,wre khich Ira hot
delinquent, '
, l k ley w., , y }
qw r pp..,,..•",.,... va,yskNen4t1e.~4#e6F~,w,,,. ,~_..,....a.~.,Mq.
.a,
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11 71
(c) The lien of taxes and aeselements which are
delinquent but the amount or validity of which is
being duly and diligently contested in good faith
and with respect to which the Medical Center shall
have set aside adequate reserves,
(d) The lien of the security Agreement, and
(a) The lien, if any, created by any of the documet,ts
pertaining to the issuance, security and repayment
of the 0290,000 Denton County-City of Denton.
Texas Hospital Board Revenue Bonds, Series 1975
and 0280,000 Denton County-City of Denton, Texas,
Hospital Board Revenue Bonds, Series 1975-A ;
(the "Permitted Encumbrances), including any improvements
hereafter made a part of the realty.
To keep the improvements on said property in good
repair and condition, and not to permit or commit any waste
r thereotl to keep said buildings occupied so as not to impair
the insurance carried thereon.
To insure and keep insured all improvements now or
} hereafter created upon said property against loss or damage
by fire and windstorm, and any other hazard or hasards ■s
c may be reasonably required from time to time by Beneficiary
doting the term of any of the Obligations, the performance
of which is hereby secured, to the extent of the full
insurable value of said improvements, in such form and with
! t; a& such insurance Company or Companies as may be approved by
Beneficiary, and to deliver to Beneficiary the policies of
such insurance having attached to said policies such mort-
gage indemnity clause as Beneficiary shall direct) to
titi l deliver renewals of sa:h policies to Beneficiary at least
ten )10) days before any sucit insurance -policies shall
R s' a expirsl any proceeds which Beneficiary may receive under any i "
such policy, or policies, may be applied by Beneficiary, at i
E its option, to reduce the Sums as hereinafter defined, and '
p " in such manner as Beneficiary may elect, or Benefiriary may
permit Grantor to use said proceeds to repair or'roptace all
improvements damaged or destroyed and covered by said
+policy.
That in the event Orantor shall fall to key the
{ Y , improvements on the property hereby conveyed in qo A repair
and condition, or to pa promptly when dos all takes and
s aCf, l assessments, as aforesaid, or to preserve the lien priority
of this Doed of Trust on said properly, or to keep the
buildings and improvements !netlred, as aforesaid, or to
{ deliver the policy, or policies, of insurance or the renewal
thereof to Beneficiary, as aforesaid, than Beneficiary asyy,
4' at its option, but without being required to do to, m4i
y such repairs, pay such taxes and assessments, purehtio .%ny
Y: t S tax title thereon, remove any prior liens, and prosecute cr
n'r ;14 defend any suits in relation to the preservation of the lien
priority of this Deed of Trust on said property, or insure
and keep insured the improvements thereon in an ar,ount not
to exceed that above stipulstedl that any sums which may be
so.paid out by Beneticiary and all sums paid for insursncs
premiums, me aforesaid, including the costs, expenses and
attorney's fees paid in any suit affecting said property
when necessary to protect the lien hereof shall bear inter-
14 eat from the dates of such payments At the highest lawful
rate and shall be paid by Grantor to Beneficiary upon ^ ?
demand.
11yyt~l /~Ay " ;F Y'~
That in the event of the occurrence of any of the
pt'- following Events of Default (the "Events of Datault"JI
(a) Default in the performance of or compliance with
l s+ any of the Obllgationsl
1
1 j. j
(b) Default in the payment of any indebtedness of the
medical Center to others than to the City in
accordance with the terms of any of the instru-
ments evidencing or securing the same,
(c) if any warranty, representation or statement
herein or in ■ny other document executed by the
Medical Center to connection with any of misleading wh the
Agreements, prove*
madaxto be false or materially
(d) The entry of a decree or order for relief by a
court having jurisdiction in the premises in
w respect of the Medical Center in an involuntary
Casa under the federal bankruptcy laws, as now or
+ly, hereafter constituted, or any, other applicable 1
fl( federal or state bsnkruptcy, insolvency or other
similar law, or appointing a receiver, liquidator,
r~ a signoe, custodian, trustee, examiner, sequestra-
~,l t tar (or similar official) of the Medical Center or
for any substantial part of any of its property,
or ordering of the winding-lip or liquidation of
r+ its affairs and the continuance of any such decree
or order unstayed and in effect for a period of
x` + sixty (60) consecutive dayax
7 eA„? J (a) The Medical Center shall become insolvent or
' unable to pay its debts a:P they mature. shall
' voluntarily suspend transaction of its business,
shall commence a voluntary case under the federal
bankruptcy laws, ■s now constituted or hereafter
.;bee s,:, amended, or any other Applicable federal or state
v. ° bankruptcy, insolvency or other oimilar law, shall
car-snt to the appointment of or taking p0asesslon
+r by a receiver, liquidator, assignee, trustee,
examiner, custodian, sequaatrator (or other
ti similar official) of the Medical Center or for any
substantial part of its property or shalt make a
general assignment for the benefit of creditors,
k ,°Y or shell fall generally to pay its debts as they
become due, or shall take any corporate action in
(IM jK~, ka furtherance of any of the foregoing; or j
(f) The settlement Agreement, the Asset Transfer
Agreement or the Services Agreement is held to be
illegal, invalid or unenforceable,
then and in ■ny of such Events of Default, Beneficiary may '
elect to declare a default thereunder, Grantor hereby
demand expressly performance notice payment, and in the avent~0 such
declaration of default, at its sole option and discretion,
5S L'+ to declare Any and all sums (the "Sums") re Grencd in
subsections 1b), (c) and (d) of the definition of the term
j xn yes, rh "Obligations set forth hereinabove immediately due and
qSw payable hereunder, in full, along with any and all Interest
w=.; accrusd'•hareon, and in the went of default in the payment
r* .i , :,y of said Sums when due or declared due hereunder, it shall
x?J r, thereupon, or at any time thereafter, be the duty of the
F Trustee, or hie successor or substitute as hereinafter
xi
rtising the time, place andoterm$ this
truvstj andeafter d t6que
pp
the ubjectetoitheeli n hereof, and mallL mean lilLagtnotice$
s
A 1;°r as required by Section 81.003, Texas Property Code, as then
amended (successor to 6tticle 3810, Texas Revised Civil
Statute @), and otheewiee complying with that sletuCe, the
1w Trusts shall sell the above described property, than
sub~Act to the lien hereof, at public auction in accordance
yk~ v, s
wit such nstiee on the !lest Tuesday. in any month between
the bouts of ten o'clock A.M. and four o'olock P.M., to the
r ! 1 r , f' .YR; highest bidder for cash, selling all of the property AS an
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,
,
entirety or in such parcels as the Trustee acting may elect,
geneand warranty tanc
bindSn4thGrantort6eitsr Psuccessors wand
assignat and out of the money arising from such sale, the
Trustee timing the acting salc lisand pmakingfirst, the all the
conveyance, 16sincluding a
commission of five percent (5%) to himself, which commission
shall be due and owing in addition to attorney's fees, and
than to Beneficiary the full amount of the Sums, interest
thereon, attorneys' fees and other charges due and unpaid on
me reb, endrin the bal of the sales
~J, the S:
price. ifsany, stohGrantoreorsIts successorsnor asslgnes and
the recitals in the conveyance to the Purchaser or Aurches- ;
era shall be full and conclusive evidence of the truth of
the matters therein stated, and all prerequisites to said
sale shall be presumed to have been performed, and such sale
and conveyance shall be conclusive against Grantor, its
successors and designs.
It is agreed that in the event a foreclosure hereunder
w should be commenced by the Trustee, or his substitute or
successor. Beneficiary may at any time before the sale of
d ' said property direct the said Trustee to abandon the sale,
and may then institute suit for performance under the
°i Agresiaents or collection of the Sims , and for the foraelo-
sure of this Dead of Trust liani it is further agreed that
if Be:eficiary should institute s suit for performance under
a the Agreements or the collection of the Sums, and for a
foreclosure of this Deed of Trust lien, that he may s'. any
time before the entry of a final judgment in said suit
dismiss the same, and require the Trustee, his substitute or
successor to mall the property in accordance with the
4 J provisions of this Deed of Trust.
FAt(f ¢
Beneficiary, It he to the highest bidder, shall have i
the right to purchams at any sole of the property, and to 'i
have the amount for which such property is sold credited on
y'II ~r~ nYt Y4 Y
the Sums than owing. ,
Beneficiary in any event in hereby authorised to
A int a substitute trustee, or a successor truetem, to act '
instead of the Trustee named herein without other fermality
than the designation in writing of a substitute or out; ^M :or
truatest and the authority hetehy conferred shall extend to
` the appointment of other successor and substitute trustees
sueeemsively until the Sums hereby secured have bean paid in
{ full and performance ender the Agreements hoe been [idly
€a ~t'
rendered, or until sold property is sold hereunder, And each
substitute and successor trustee shall succeed to all of the
S yy rights end powers of the original trustee named herein,
In the event any sale is made of the above described
property, or any portion thereof, under the terms of this
Dead of Trust, Grantor, its successore and assigns, shell
forthwith upon the making of such sale surrender and delivery
posoeselon of the property so sold to the Purchaser at such
f{* sale, and in the event of their failure to do so they shall
#t} $ y theroa;fon from end after the making of such sole be and % 1 continua as tenants at will of such Purchaser, and in the
event of their failure to surrender possession of said
property upon demand, the Purchaser, his successors or
assigns, shall he entitled to institute and maintain An „
action for forcible detainer of said property in the Justice ;
+ 1 of the Peace Court in the Justice Precinct in which such
t~
property, or any part thereof, is situated.
:R
' It is agreed that the lien hereby crested shall take
v precedence over and be a prior lien to any other lien
(except for the Permitted Encumbrances) of any character
whether vendor's, materiaimen's or mechanic's lien hereafter
s ` r created on the above described property, and in the event
1, 0"
i,s the proceeds of the Sums secured hereby as got fotth herein
,
,Or RAru V'4
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are used to pay off and satisfy any liens heretofore exist-
ing on said property, then Beneficiary to, ■nd shall be
subrogated to all of the rights, liens and remedies of the
holders of the obligations so paid.
It Is agreed that an extension, or extensitne, may be
made of the time of performance of all, or ■ny part, of any
of the Grantor'a obligations under the Agreements secured
hereby or of payment of all or any part of the Sums secured
r hereby, and that any part of the above described real
property may be released from this lien without altering or
affecting the priority of the lien created by this Deed of
Trust in favor of any junior encumbrancer, mortgagee or
purchaser, or any person acquiring An interest in the
property hereby conveyed, or any part theretog it being the
intention of the parties hereto to preserve this lien on the
property herein described and all improvements thereon, and
that may be hereafter constructed thereon, first and super[-
or to any liens that may hereafter be placed thereon, or
that may be fixed, given or imposed by law thereon after the
execution of this instrument notwithstanding ■ny such
extension of the time of performance, or the release of a
portion of said property from this lien.
" Beneficiary shall be entitled to receive any and all
sums which may become payable to Grantor for the condemna-
tion of the hereinabove described real property, or any part
i thereof, for public or quasi-public use, or by virtue of
x 1 private sale in lieu thereof, and any sums which may be
awarded or become payable to Grantor for damages caused by
public works or construction an or near the said property.
` All such aum■ ■re hereby assigned to Beneficiary, who may,
'<99 after deducting therefrom all espenses actually incurred,
including attorney's fees, release some to Grantor or apply
f the same to rek.,tion of the Sums hereby secured, whether
then matured or to mature in the future, or on any money
obligation hereunder, ■s and in such manner as Beneficiary
may elect. Beneficiary shall not be, in any event or 7.'
circumstances, liable of responsible for failure to collect,
or exercise diligence in the collection of, any ouch sump.
Nothing herein or in the Agreements contained shall
'r over entitle Beneficiary, upon the arising of any canting-
oney whatscever, to receive or collect interest in excess of
the highest rate allowed by the laws of the State of Texas
g ; on the principal Obligations hereby secured or en Any money
obligation hereunder and In no event shall grantors be
a obligated to pay interest thereon in arc ess of such rate.
This Deed of Trust is made contemporaneously with that
certain Security Agreement of even date her with by and
§ r between the Beneficiary and the Medical Center to secure y
Y performance of the obligations, and nothing contained herein
f' shall limit or restrict in any way the terms of the Security
Agreement.
S~ y
* a When all of ttie liabilities or indebtedness resulting
a~ from or related to the operation, construction or mainte-
~ nines of the flow Memorial Hospital existing as of Daeem-
bar 31.1907. including, without limitation, the Utilities
~I,xty . t` Debt referenced in Section 1.2 of the Settlement Agreement,
have been paid, performed or satisfied in full, if this Deed
of Trust has not theretofore been foreclosed, the eensfi-
diary shall reassign to the Medical Center, without recourse
a3 or warranty, express or implied, the than existing rights,
titles and interest of the Beneficiary in and to said
n v:, property arlsin.; pursuant to the terms of this Deed of
- Trust, the tests of such reassignment to be borne by the
Medioal Center, and the Medical Center's obligations hersun-
L der shall be deemed fully satisfied and discharged in full.
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All of the covenants and agreements herein undertaken !I
to be performed by and tit rights conferred upon the Grantor s
named herein, hall be binding upon and inure to the benefit
` o! not onI said
' Y party but also Its successor* and assigns,
p Grantor expressly reprosente that this Deed of Trust is ;
" r given for the following purpose, to-wit,
y ;r,^ to secure performance by Grantor of each and every
t „ one of ita individual and collective Obligations
` as hereinabove defis,ed, and payment of a. ! and
F
every part of the Sums secured hereby, a.J
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,'set S1,Y r,` EXECUTED this day of
A. D., 19A.
,
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tLOW REGIONAL MEDICAL CENTER,
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INC.
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Sys
t•, ,•,k-k, cfnnett Kirk, President
Meiling Address of '
7 S,
Trustee: UnsfiQ Address of
Y
Wood, Lucksinger 6 Epstein
1221 Lamar, Suits, 1400 City of Benton ,
y,•r•» Houston. Texas 77010 Mun.•ciosl 8ulldinQ it
Attnr Bernard A. Duco, Jr. Attntn, Ci
Attn: t y y Attorney
orney
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THE STATE OF TEXAS t
COUNTY Of DENI'ON I
da This Instrument was acknowledged before me on the
It, a 1 RfgionalJMedicil Cfntirey Ina e.t ! xas, i cnprofik orpo iN k
S+ty r x~ ,1 Reon.
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PAP," ~ ~xt } r •~i
Notary Publie !n and, for
k the State of Texas
rd',Ay'~S ' r1'
. ~ y+a r y~t Print Names "
My Commission Expir~it
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After Recording Return tai Prepared in the Law Office efi
MunIeOf De1t6h, Texas Wood. LA-eksiner pp
1pal , Texas Building 1221 L mere suite R 1400te1n
i,i
, Denton
a 16201
t>=r i/; ' `r", Attn: CSiy Attorney , Houston, 7'1xu 77010
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' P.xHIBIT A
That certain tract or parcel of land situated in the City of
Dez,ton and County of Denton. State of Texas, part of the
d^. R. Beaumont Survey, Abstract No. 33, and more particularly
described as follows (se described in that certain Deed of
Conveyance dated May 26, 1949, from the Trustees of Flow
I
Memorial Hospital, a pe,liticel subdivision of the State of
Texas created pursusnt to Aai!cle 44941-1 of the Texas Civil
Statutes, to the City of Denton, a municipal corporation,
■nd Denton County, a political subdivision of the State of
` Taxer, as tiled in the Real Property Records of Dentot
{ County, under Clark's file No.
X : BEOINNINO at a concrete marker 60 feat north of the south
boundary line of Scripture Street in the City of Dentot.,
Texas, and 60 feet east of the west boundary line of Bryan
<1 1 :treat In the City of Denton. Texast
t
~k4 T:LNCZ North Sa° 56' East 707,5 feet to the point of curva-
ture of a circular curve to the lefts
1
THENCE in a Northeasterly direction along the arc of said
curve whose radius is 131 feet, a distance of 205,70 feet to
F the point of tangency of said eutvet
y ' THENCE North Os 17' east 464.$ test to a concrete marker for
•IF 41 .I ~I
FY, i M. ,.'r rf corners
THENCE North 891 38' Nast 839.2 test to a concrete marker
for corners
J5 47
THENCE South 0e 14' Nest 602 test to x place of beginning, ~
and being the same tract of land convayad by Addis Scrip-
being
at, al, to the Flow Memorial Hcapital Trustees by deed
r r,' dated August 1, 1947, and recorded in Volume 331, page 472 r ,,Y3
+ at the Dead Records of Denton County, Texas, less that .
portion of said tract dedicated to the publio for street
purposes, { ,.'eS ;L'h
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2120L
NO.
AN ORDINANCE AUTHORIZING ENTRY INTO AN AGREEMENT WITH THE COUNTY
OF DENTON, THE FLOW MEMORIAL HOSPITAL DOARD OF DIRECTORS, THE
H. E. FLOW TRUST, THE ATTORNEY GENERAL OF TEXAS, AND FLOW
REGIONAL MEDICAL CENTER, INC. FOR THE TRANSFER OF ASSETS OF FLOW
MEMORIAL HOSPITAL; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton through its City Council and the
County of Denton through its Commissioners Court, have given
serious consideration to the present and future health care
needs of the residents of the community served by Flow Memorial
i Hospital; and '
WHEREAS, the City and the County have determined that i
Sr
significant changes are necessary to assure the future viability
of the Hospitals and
v,t P z". WHEREAS$ the City and the County have determined that
entering into an Asset Transfer Agreement with the Corporation
v to transfer assets of Flow Memorial Hospital to Flow Regional
Medical Center, Inc., is in the beat interests of the residents
y#, of the County of Denton and the City of Denton; an
j
WHEREAS, such Asset Transfer Agreement is contingent on the
Y'1;1 j right of at least 10% of the qualified voters by petition before
I
the 31st day after this order to require a referendum on the
assure of the Asset Transfer Agreement; and
WHEREAS, the Office of the Attorney General of Texas has
kkd, determined that the proposed agreement is consistent with the r,
provisions of the H. E. Flow Trust, which was created for. the
purpose of establishing a hospital for the benefit of the peoplo
of Denton and Denton County, and will assist in fulfilling the `
purposes of the Trust; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTONs
SECTION I. That subject to the cortingencles set forth
above as well as all conditions precedent set forth in the
Agreement, the Mayor is hereby authorized to execute the Asset
Transfer Agreement between the City of Denton, the County of
DentoAr Flow Memorial Hospital Board of Directors, the Trustees
+ of the H, E, Flow Trust, the Attorney General of Texas and Flow
Regional Medical Center, Inc for tse transfer of the assets of
Flow Memorial Hospital to Flow Regional Medical Center, Inc., a
copy of which is attached hereto and incorporated by reference
herein, `
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SECTION II. That the Mayor is hereby authorized to execute
all ocuments related to the Agreement, including but not
limited to a special warranty deed, a security agreements and
bill of sale,
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1
~4' ♦ SECTION II. That this ordinance shall become effective
immedra e y upon its passage and approval.
q° PASSED AND APPROVED this the 8th day of December, 1987.
h
111..`1{1{1{ i 1
RAY STEPHENSt MAYOR
1 t I~q~Af if~~
r1 i ri ♦ n
x'
11yri ATTEST! ~cto
Ill l.'~ 1 ~ rf
rln (,•r,~ g111i a ~il ~'x ~"y° "iv: JENNIFER NALTERS# CITY SECRETARY
AIIPROV$D.AS TO'LEOAL FORM!
rF^' j_rf - DEBRA ALAMI DRAYOVITCHI CITY ATTORNEY
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'a
ASSET TRANSFER AGREEMENT
Between ;I
FLOW REGIONAL MEDICAL CENTER
(a Texas non-profit corporation), `
COUNTY OF DENTON# TEXAS
r, (a political subdivision of the State of Texas),
1 y i i
fYF ' „ CITY Of DENTON# TEXAS
(a municipal corporation),
7 p 1 r, T
Y ~ Ta,Y
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H. EP FLOW TRUST k
,ttable trust established February 14, 1946}►
is chey
PliM MATTOXi ATTORNEY GENERAL OF THE STATE OF TEXAS
gte'`w~' ,~r•, and
,yv,Y ',e3. P. r 3 , 4
"is' BOARD OF DIRECTORS OF FLOW MEMORIAL' HOSPITAL } }
r~~°~,y!'+~ (a political subdivision of the Stets of Texas)
elxl
Dateds December 4► 1987
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TABLE OF CONTENTS
Page-
ARTICLE 1 PLAN OF ACQUISITION
• Section 1.1 Transfer of Alsets oy Transferors . . . . . . . . 2
Section 1.2 Liabilities to be Assumed a . . . . , . . . , a . 2
Section 1.3 Services to be Provided by Corporation , a 2
Section 1.4 Closing . . . . . . . . . 3
Section 1.5 Execution and Delivery of Closing Documents . . . 3 `
Section 1.6 Further Assurances 4 I,
' ARTICLE 2 REPRESENTATIONS AND 14ARRANTIES OF CORPORATION 1
° Section 2.1 Organization and Good Standing of Corporation 3
Section 2,2 Power and Authority . . . . . . . . 4
5 I f
w Section 2,3 Authority and Validity 4
" Section 2.4 Binding Effect . , 4
Section 2,5 Necessary Approvals and Consents 4
Section 2.6 Compliance with Hospital and Survey
Construction Act (Hill-Burton Act) 5
Section 2.7 Corporate Existence and Tax Status 5
ARTICLE 3 COVENANTS OF TRANSFERORS
M (p t 1
1 Section 3.1 Notice of Any Material Jhange 5
s 1s` ,
Section 3.2 Cooperation 6
14ti oiti ,.tai
ARTICLE 4 COVENANTS OF BOARD
Section .4.1. Accesg . . . . . . . . . . . . . . a , a . . a a 6
` v^ Section 4,2. Conduct of Business Before Closing Date 6
ARTICLE 5 COVENANTS OF CORPORATION
r,
Y4° } ? SeC'tion 5.1 Cooperation a 7
Se'ction 5.2 Compliance with Hospital Survey and + 4
F Construction Act (Hill-Burton Act) 7
Section 5o3 Maintenance of Corporate Existence
r,
a and Tax Status . . 8 ;
Section 5,4 No Discrimination . 8
Section' 5,5 Articles of incorporation and Bylaws . 8
a r4
section 5.6 Management Contracts 30
Section 5.7 No Representation by Transferors as to
Y X36`' x14 Condition or Suitability 1Q
wt~~rv; a section S,B Filing and Recording
ARTICLE b CONDITIONS PRECEDENT TO OBLIGATIONS OF TRANSFERORS
Section 6,1 Compliance
Section 64 Representations and Warranties +
~ YY
,
P,,.,. ,
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P_ age
Section 6.3 Absence of Litigation 11
Section 6.4 3ylaws and Articles of incorporation 12
Section 6.5 Licenses and Permits , , , , , , , , , , , , , , 12
Section 6,6 Declaratory Judgment , , , , , , , , , , , , , , 12
Section 6.7 Prior Indebtedness 12
Section 6.8 Approval by the Parties 12
Section 6.9 Loan Commitment 12
Section 6610 Services Agreements . 12
Section 6.11 Security Agreement 12
ARTICLE 7 CONDITIONS PRECEDENT TO OBLIGATIONS OF CORPORATION
Section 7.1 Compliance 13
Section 7,2 Consents to Transaction . . . . . . . . . , 13
Section 7,3 Absence of Litigation 13
t Section 7.4 Material Adverse Changes . . . 13
Section 7.5 Licenses and Permits , , , , , , , , , , , , , 13
Section 7,6 Declaratory Judgment 13 y.
r d ` , Section 7.7 Approval by the Parties 13
.
i 'ARTICLE 8' EMPLOYMENT
,r
1
wk~fl ;
rip+a'r~ ,A. section 8.1 Transfer of Employees 14
" ~P• Section 8.2 Transfer of Hospital Service 14
Section R,3 Retained Sick Leave and Vacation Time , . 14
AM1A{ 9•t 1 Ji"Y i
ARTICLE' 9 DEFAULTS AND REMEDIES
Section 9,1 Transferors Dc-faults) Corporation's Remedies 14
Ih Section 94 Corporation's Default] Transferors' Remedies 15 "
I r4
ARTICLE 30 MISCELLANEOUS
x a,,y Section 10.1 Termination , . , r a , , 6 , . 6 4 . . , 15
= r„„ r Section 10.2 Expenses . . . . , . 16
j'~ ~ Sect ion'10.3 Entirs Agreement 16
sectfon:10#4 Counterparts
. 16
Section 10,5 Notices , 16
Section 10.
6 StlCCe$80r$ and Assigns , . . . . , 17
Section Ids"? Governing Law 17
• ' ;Section 10.8 Waiver and Other Action 17
Section >10,9 severebilit
, 1, 18
$a'ction 10.10 Survival of Representations and Warranties
Section 10,11 Certain Persons Not Liable ~ 18
Section 10,12 Limitation on Liability . . . , . ; . . le
x,v ,rt section 10.13 References . . 18
Seotian 10.14 Dissolution 18
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2105L
,
THIS AGREEMENT, made as of the day of December, 1987
among Flow Regional Medical Center, a Texas non-profit
corporation ("Corporation'), the H. E. Flow Trust, a charitable
trust established by an inter vivo$ gift male by H. E. Flow on
February 14, 1946 and by the will of H. E. Flow dated January 17, I
1946 and filed for probate on February 80 1947 (the 'Trust'), the
County of Denton, Texas, a political subdivision of the State of
Texas (the 'County"), the City of Denton, Texas, a municipal
corporation (the "City") ano the Board of Directors of Flow
Memorial Hospital, a political subdivision of the State of Texas
(the "Board")t and the Office of the Attorney General of the
State of Texas (the "Attorney General').
WITNESSETH:
The County, the City, the Trust and the Board (referred to
jointly herein as "Transferors") desire to transfer and the
' Corporation desires to acquire, all of the assets and property cf
Flow Memorial Hospital (the "Hospital'): and
WHEREAS, the County through its Commissioners Court, the City
F T' through its city Council, and the Board of Directors of Flow
tT+'. Memorial Hospital have given serious consideration to the present
and future health care needs of the residents of the community
served by the Hospital and have determined that it is in the best
interest of the citizens of Denton County for the parties to
enter into this Asset Transfer Agreement: and
r s .tv~at!
t; WHEREAS, the Office of the Attorney General has determined
that the proposed agreement is consistent with the provisions of
t J, the Trust, which was created for the purpose of establishing a
hospital for the benefit of the people of Dented and Denton ,
P, county, and will assist in fulfilling the purposes of the Trustl
r wit . 4~, and
WHEREAS, the Trustees of the H, E. Flow Trust have given
serious COnsiderstiop to the present and future health care needs ! -
of the community serve;+ by the Hospital and have determined that
c the pnrpoees of the Trost, i.e. to create a Hospital for the
! be fulfilled by
jl~ citizens of Into this n Asand Dentori set T ens.er County# can
entering
Agreementt and
k w,;' r tt~k1S WHEREAS', the Asset Transfer Agreement is designed to provide
for the continued existence and viability of Flow Memorial
+r. Hospital for the benefit of the City of Denton and Denton County,
a Texas, and the transfer is believed to be in the best interest of
said Hospital and the people of Denton and Denton Countyr
NOW THEREFORE, in consideration of the foregoing and of the
mutual covenants and agreements contained herein, the parties
hereto covenant and agree as follows:
7 '
,
,
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ARTICLE 1. PLAN OF ACQUISITION
1.1. Transfer of Assets M Transferors. Subject to and upon
the terms an con bons coots ne erein, Transferors shall
transfer and Corporation shall acquire all the assets, business
property, goodwill, and rights of Transferors which constitute or
relate to the Hospital, of every kind and character, whether real
or personal, tangible or intangible, owned or leased, all as the
same shall exist on the Closing Date (as defined in Section 1.4),
including all assets shown on the balance sheet of the Hospital
dated as of September 30, 1987 or acquired a€ter the date
thereof, as well as all intangible properties such as rights to
trade names, and all books and records regarding the foregoing
(the "Assets"). In the case of accounts receivable or other
monies due the Board from the Medicare and Medicaid services
v provided and fiscal periods ending on or before December 31,
19870 the Board agrees to remit promptly to Corporation any such
~r x? Medicare and Medicaid payments, if any, received by the Board
after December 310 1987.
As consideration for the Assets, Corporation will assume all r,
liabilities of Transferors as provided in Section 1.2. As
additional consideration for the Assets, Corporation hereby
pr` (f covenants and agrees that it will continue to maintain and
operate the Hospital as a non-profit entity described in Section
`fy{ 501(c)(3) of the Internal Revenue Code of 1986, as amended (the
'code') and exempt from federal taxation under section 501(x) of
the Code (or any successor sections of a subsequent Income tax
stitate or code) in accordance with the trust purposes stated in
the will of H, E. Flow dated Januaty 170 1946 and Deed of Trutt
47 + dated February 14, 1946. As further consideration, Corporation
,s aV agrees to fulfill its public purposes through providing the
services stated in Section 1.3.
V! ; t t a
1.2. Liabilities to be Assumed. As partial consideration for
the Assets, corporation shall assume and agree to pay and din-
charge all liabilities of Transferors relating to the Hospital
existing on the Closing Date, Corporation specifically does not
waive any and shall continue to assert any defenses that may be
Y
available to 2'raneferors in the defense of any action to enforce ~ ..5
or collect said liabilities.
1.3. Services to be Provided b Cor oration. As parti-11
considers on or t e AsEets n accor artce w t the purposes of !
s p the H. E. Flow Trust, Corporation agrees to provide in Dento.9, I
Texas, such hospital services usually and customarily provided by
`,N a.at comparable community non-profit hospitals in Texas, and shall
y' provide obstetrical (including prenatal and neonatal) and
gynecological hospital services as soon as the Corporation
determines that it is financially feasible to do so.
v,F• PAGE 2
s
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The Corporation further covenants that it will keep
books of record and accounts in accordance with proper
accepted accounting principles and will make such recorasnavail-
able to the public for inspection and copying during normal
business hours and Corporation's audited financial statements and
annual federal tax returns. Corporation agrees to file copies of
its annual federal tax returns with the Charitable Trust Section
of the Attorney General's office,
1.4. Closing, The closing of the transactions contemplated oy
this Agreement (the "Closing'), which shall be effective at the
close of business on the Closing t,.,Se, shall rake place at 10:00
o'clock a.m.r Denton time at the Hos
I
P ital , 1310 Scripture
stce
Denton, Texas, on January 81 1988, the first business day after
the judgment contemplated by Sections 5.6 and 6.6 has become final
and nonappealable, or on such other date and at such other time
and place as is agreed upon by the parties hereto, but the Clos-
ing shall occur riot later than January 31, 1988r unless further
` .R extended by written agreement of the
parties to this Agreement,
c 1.5. Execution and Deliver of closing Documents,
"r closing each Before the
4~. 9 e party s a cause to a prepared, an at the Closing
t the parties shall execute and delivery each agreement and instru-
ment required by this Agreement to be so executed and delivered
" and not theretofore accomplished. At the closing:
" (a) The Transferors shall execute and del:lver to Cor-
" ° potation a special warranty deed and a bill of sale and shall
deliver to Corporation
possession of the Assets (the special
warranty deed in the form attached hereto as Exhibit A and the
Bill of sale to the form attached hereto as Exhibit a)1
gyp. x' (b) Corporation shall deliver to the Transferors (i) an
ari„ instrument of assumption relating to the obligations of the
Transferors to be assumed by Corporation pursuant to. Section 1,2
(the instrument in the form attached hereto as Exhibit C)j (it) a
r Loan commitment evidencing the $400,000 note to be ranted to
Y ?r,Fk G k Corporation not later than January 8r 1988 (the Loan Commitment
in a form attached hereto as Exhibit D)1 and (III) an executed
services agreement with the City for services to be provided by
Corporation in 1988 and 19891 and (iv) an executed Security s
Agreement with the City of Denton securing the Corporation's
u, performance under this and other agreements (the Security
~.c.` Agreement in the form attached hereto as Exhibit E).
All of the above referenced instruments shall be
r, delivered in a form and substance acceptable to the city,
! A y`'' (c) Each party also shall execute and deliver such other
"►S 'i''~n appropriate and customary documents as to the other parties
PAGE 3
1
reasonably may request for the purpose of consummating the
transaction contemplated by this Agreement.
All actions taken at the Closing shall be deemed to have been
taken simultaneously at the time the last of any such actions is
taken or contemplated. I
" 1.6. Further Assurances. After the closing, the parties
hereto steal execute and sliver such additional documents and
take such additional actions as may reasonably be deemed i
,i necessary or advisable by any party in order to consummate the
t:,nsactions contemplated by this Agreement,
ARTICLE 2. REPRESENTATIONS AND WARRANTIES OF CORPORATION
,a 21. Organization and Good Standing of Corporation. corpora-
Lion is a non-profit corporat on duly organ ze , validly existing,
and in good standing under the laws of the State of Texas.
2.2. Power andAuthority. Corporation has the corporate power'
and authority an a tenses and permits required by governmen-
tal authorities to own, lease, and operate its properties and
assets and to carry on its business as currently being conducted.
2.3. Authority and Validity. Corporation has the corporate x
v II,'r r~. power an aut or ty to execute, deliver, and perform its
obligations under this Agreement and the other agreements and
documents executed or to be executed by it in connection with
this Agreement, and the execution, delivery, and performance by
Corporation of this Agreement and the other agreements and I'
documents executed or to he executed by it in connection with
this Agreement have been duly authorized by all necessary F
corporate action, ti
2,4. __Bind~~in __Effect, This Agreement and the other agree-
4 ments and ocumenFs executed or to be executed by corporation in
connection with this Agreement have been or will havO been duly
executed and delivered by it and are or will be$ when executes and
deliVared, its legal, valid, and binding obligations, entorceable
in accordance with their terms except that:
(a) enforceability may be limited by bankruptcy, insol-
+y veney, or other similar laws affecting creditors' rightsi and
(b) the availability of certain remedies may be limited
equitable principles of general applicability.
2.5. Neoesea[ A COVald and Consents. Except for approvals
tl' ''y » already o to ne or filings, applications or notices already made
e re,
PAGE 4
ss,
i ~'e f J , ..,....rw rcv+il Mliurt4~'+~+.,Lt~7!IM"`r"z <Yn.:1.'b~i+'u'xr'
4
1
or given, no authorization, consent, permit, or license or
approval of, or declaration, registration, or filing with, any
person or governmental or regulatory authority or agency is
necessary for the execution and delivery by Corporation of this
Agreement or the other agreements executed or to be executed by f
Corporation in connection with this Agreement or the consummation
by it of the transactions contemplated hereby and thereby.
2.6. Com liance with Hos ital and Surve Construction Act
(Hill-Burton Act Corporation represents that t is an entity
" that Would ave been eligible for the financial assistance
obtained by the Hospital under the Hospital Survey and
Construction Act, 42 U,S.C „ sec. 291, et" seq. (the "Hill-Burton
Act"), and that it will assume the Hospital's responsibility for
a providing the assurances originally given by the Hospital.
Corporation represents that it has adopted a resolution formally
k =l assuming such obligations.
} }y~ T 2,7. co' OC8t8 Existence and Tax Status, Corporation repre-
seats that t a an organ zat on escr be in Section 50i(c) (3)
of the Code, and is exempt from federal income tax under Section
501(a) of the Code. Corporation agrees that it will at all times
ma stain its existence as a non-profit corporation and that it
will take no action or suffer any action to be taken by others
which will alter, change, or destroy its status as a non-profit
corporation or its status as an organization described in Section
501(c) (3) of the Code and exempt from federal income taxation
under section 501(x) of the Code (or any successor sections of a
subsequent federal income tax statute or code). If for any tea-
`<<f•."; , son Corporation should lose its status as a non-profit corporation
s.,'>s~tA under Section 501(c) (3) of the Code, Corporation shall notify
the. City, the County and the Charitable Trust Section of the
<'E z Office of the Attorney General of Texas within thirty (30) days
f,4 k_ of the time such status as a non-profit corporation is lost.
,a
4r°t ARTICLE 3, COVENANTS OF TRAHSPERORS
Transferors covenant with Corporation as followai
P 4T1 .,tix i n
3,1, Notice of an Material Chan e, Transferors shall,
promptly a er a rs notice t ereo ut not later than the
Closing Date, notify Corporation in writing of the occurrence of
„ any event or the existence of any state of facts that constitutes
a material adverse change in the business, results or operation,
workingq capitals assets, liabilities, or condition (financial or
1i otherwise) of the Hospital (compared to such matters as they
existed on the date of this Agreement).
,
~ a
i n
PAGE 5
y N_..., ..w, m.".,. vwatas,:yet•,x'E~t1~5#a"i~t apt:-A'd,as+t°+».a.
,i
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to: 3.2. Coo elation. Transferors shall use their best efforts
(a) proceed promptly to make or give the necessary
applications, notices, requests, and filings to obtain at the
earliest practicable date and, in any event, before the Closing
Date, the approvals, authorizations, and consents necessary to
consummate the transactions contemplated by this Agreement=
(b) cooperate with and keep Corporation informed in 4
connection with this Agreementp and
(c) take such actions as Corporation may reasonably
request to consummate the transactions contemplated by this
Agreement and diligently attempt to satisfy, to the extent within
their control, all conditions precedent to their obligations to
effectuate this Agreement.
ARTICLE 4. COVENANTS OF BOARD
, a 1' {
hoard covenants with the Corporation as follows. k
F,
.ICI n i' 4.1. Access. During the period
pending the Closing Date,
Board shaTr as nord to Corporation and to Corporation's officers,
N*3`f, r employeeso accountants, counsel, and other authorized represen-
tatives full access during regular business hours to its assets,
properties, book's, contracts, commitments, and records (giving
due regard to patient rights and patient confidentiality) and
will furnish or use its best efforts to cause their represents- ,
tives to furnish promptly to Corporation and its representatives
Stich additional financial and operating data and other documente
and information (certified if requested and reasonably susceptible
to certification) relating to ita business and properties as
R a~ Corporation or its duly authorized representatives may from time
,~~'1~5• 'r ' • to time reasonably request.
4.2. Cond,..t of Business BeforE_ Closing Date. During the
period pe`na ny the Closing, Boar Q3
(a) shall conduct the Hospital's operations in the
ordinary and usual course of business consistent with past and "
current practices, and shall uae their beat efforts to maintain
+ k and preserve intact its business organization and go2dwill, to
"~I J retain the services of its key employees, and to maintain satie-
,i`` r y, factory relationships with suppliers, distributors
others having business relationships with the Hospital;tients, and
' (b) shall confer on a regular lnd frequent basis with "
one or more representatives of Corporation to report material
+ operational matter's and the general status of ongoing operational
I J i
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ti.
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+ ...;4.R.'iAi~-A!Il;~,~~~'dtiY 4+4k.,ih„,:.µ..:F.h.A ,I. v.:..,,:,.,...
1
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,
,
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(c) shall notify Corporation of any emergency any
or other
governmental in the normal course of the hospital's business and of overnmental complaints, investigations, or hearings (or communi-
cations indicating that the same may be contemplated) if such
emergency, change, complaint, investigation, or hearings would be
material to the Hospital's business or properties! and
,
(d) shall -lot incur any contractual obligation in excess
of $10,000 without the WICLcen consent of the parties.
ARTICLE 5. COVENANTS OF CORPORATION
Corporation covenants and agrees
with Transferors as follows: >
i
} 5.1. Coo eration. Corporation shall use its best efforts to:
(a) cooperate with and keep Transferors infor^.ed in a
connection with this Agreements
r, ' ,'Ka' (b) proceed promptly to make or
applications, notices, requests, and filings to obtain eatssthe
4
r" earliest practicable date and, in any event, before the closing
Date, the approvals, authorizations, and cont necessar
t consummate the transactions contemplated by thiseAgre mentl and to
, P ,
1 6 Ali T
(c) take such actions as Transferors ma ! 5'
request to consummate the transactions contemplatedroby this
Agreement and diligently attempt to satisfy, to the extent within
,
its control, all conditions recedent this Agreement as contemplated in Section lte~,obliyattons to close
_4y w
5.2. Com liance with Hos ttal surve _and Construction Act
Hill-9urton Act
a To the extent t-hat Flo w Memo.ia Hasp to has
« ny o gat on or any federal financial assistance under the
Hill-Burton Act, Corporation agrees that it will use its best
' efforts to obtain the a
ppropriata state and federal approval for
L~ the transfer of the Hospital, Corporation represents that it is
an entity that would have been eligible for the original
under the Hill Burton Act, and it will assume the Hos ital~e
responsibility or providing the assurances originally given by
q' 'wuw.~~ the Hospital, To the extent that Corporation is unsuccessful in r
obtaining such approval, so as to relieve the Transferors of such
^~''r a obligations, the Corporation agrees to be sololy reaponsibl9 for
liabilities of Transferors relating to the Hospital under the ^
Hill-Burton Act, Notwithstanding the foregoin
rN Y- agrees to assume any and all obligations and/or lCororation
iabilities
including expenses of litigation and administrative E
of Transferors, relating to any recovery attempted or m daebynthe
( i
{4 federal government pursuant to the Hill-Burton Act,
. A ~ 4.
PAGE 7
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5.3. Maintenance of Cor orate Existence and Tax Status,
Corporation represents that t is an organ ZdE on described n l
Section 501(c) (3) of the Code and is exempt from federal income
tax under Section 501(a) of the Code. Corporation agrees that it
will at all times maintain its existence as a non-profit corpo-
ration and that it will take no action or suffer any action to be
taken by others which will alter, change, or destroy its status
as a non-profit corporation or its status as an organization
f t described in Section 501(c) (3) of the Code and exempt from
federal income taxation under Section 531(a) of the Code. If for
w; ' T any reason Corporation should lose its status as a non-profit '
corporation under Section 501(c) (3) of the Code, Corporation
shall notify the City, the County, and the Charitable Trust
Section of the office of the Attorney General of Texas within
*f thirty (30) days of the time such status as a nonprofit
corporation is lost.
r~
5.4. No Discrimination. Corporation agrees to make available
M5 } Hospital serv ces w shout discrimination on the ground of race,
6'µ, t color, national origin, or creed.
5.5. Articles of Incorporation and Bvlaws, The Articles of
a Incorporation and or the Bylaws o corporation shall provide for
3,1 A, a Board of Trustees and a Board of Advisors with the following
structure and powers:
i Sx il~j d
(a) the Board of Trustees will consist of nine numbers
and will be entitled to manse the affairs of corporation pursuant
s"sr YR to Section 2.14 of the TexasNon-Profit Corporation Act, including
the establishment of Hospital policy, participation in long-term
strategic planning, and the delegation of day-to-day management
actions for the Hospital. The Board of Trustees' members will
each serve six-year terms which will be staggered
A members' terms expire every two years (initial appointments so that three
be for 2, 4 and 6 year terms: three in each group)ppointments will
Y i
4 f (b) the Board of Advisors will consist of twenty-eight i
members who will advise the Hoard of Trustees concerning the '
health care needs of the region and the affairs of corporation,
at' No member of the Board of Advisora will be eligible to serve 1
simultaneously on the Board of Trustees. Members of the Board of
Advisors will serve four-year, staggered terms with the terms of
seven members expiring every year (initial appointments will be
for If 2, 3 and 4 year termal seven in each group). Members of
x ; the Board of Advisors will not be permitted to serve successive f
C ,;tw+v termst
~pi+ r r 01
(c) vacancies in either of said boards created by
" expirations of terms, resignations, or otherwise, will be filled
by election by the Board of Advisors: and
PAGE 8
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(d) the Bylaws of Corporation shall contain a conflict
of interest policy which will prohibit Corporation entering into 1
any contracts or engaging in any transactions except for
physicians services (including those relating to the purchasing
of services, personal property or real property or which involve
any sales commissi,)n, Ltoker's commission or finder's fee) with
s any member of the Board of Trustees, any relative of any such
member or any business entity of which any such member or !
combination of members own or owns 13% or more of the equity I
interest. in addition, such conflict of interest policy will
prohibit Corporation entering into any such contracts or engaging
in any such transactions with any business entity in which a
a " `Y majority of the members of the Board of Trustees own any equity
j interest or with any business entity of which any member of the
r Board of Trustees owns any equity interest unless members of the
Board of Trustees who comprise a majority of such Board and which
own no equity interest of such entity approve such contract or C
transaction. For purposes of this provision: E
(t) the term "business entity' shall mean a sole pro-
prietorship, partnership, firm, corporation, hold-
,ti a ing company, joint-stock company, receivership,.
trust, or any other entity recognized in law;
(Ii) a person related in the first degree by either
affinity r,r consanguinity to a member o: the
Board of Trustees shall be deemed to be a relative
k7
of such member; and
d'i"+ t (iii) the term "equity interest" shall mean: (A) Witt 1
respect to a corporation, the capital stock there-
'`,'+4r ~y of, (8) with respect to 3 trust, a beneficial
" interest therein and (C) with respect to a
partnership or any other entity, an interest in
the capital or profits thereof.
tfi
3 (e) The Articles of incorporation shall contain the follow-
ing provisions:
(i) Purpose: The purposes fr,t which the corporation
is organized are: (1) To operate exclusively for
charitable, scientific, literary, or educational
i purposes within the meaning of section 501(c)(3)
of the internal Revenue Code, of 1486, as amended,
(or any successor sections of a subsequent income
t' tax statute or code) by engaging directly in sup-
,t port of such purposes or by making distributions
01,
t to other oiganizations for use, by the distri-
butees, in support of such purposes] and (2) In
x furtherance of such ur oses to
P P r provide for the
i ya.
PAGE 4
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health care needs of the people of Denton and
} Denton County by maintaining and operating Flbw
Memorial Hospital, a community hospital estab-
lished under the will of H. E. Flow dated January
170 1946, and such other health care facilities
e and services as the Board of Trustees of the
"'J Corporation deems necessary.
s (ii) Dissolution. Upon dissoluticn of the corpora-
tion, the Board of Trustees s;iall, after paying
} or making provision for payment of all the
lia- bilities, debts and obligations of the corpora- ;
tion, transfer and convey all of the assets of
the corporation, pursuant to a court order after
} notification to the Attorney General's Office, to
an organization or organizations operated and
organized exclusively for one or more exempt
purposes consistent with the intent expressed in ,
Item 9 of the Will of H. E. Flow dated January
c 170 1946, and within the meaning of section
501(c)(3) of the Code and then recognized as " s
exempt from federal income taxation under section
501(a) of the Code.
Y, 5.6. Management Contracts. So long as it is subject to the
Hill-Burton Act, Corporation covenants that if it enters into any
1~.agreement, formal or informal, providing. for management of the
s; 3 rye Hospital or part thereof, the agreement will contain the
`Following provisions: y
(a) Either (i) the Board of Trustees of Corporation 4
retains authority to terminate the agreement at any time upon
Fg~zr!w"`F r reasonable notice to the contractor or (ii) the agreement will be 'i
submitted promptly to the Department of Health and Human Services
for its review under its regulations) and in the event the
~k Secretary of Health and Human services (the "Secretary") deter-
iF mines that the agreement results in the Hospital ceasing to be a
s' public or non-profit facility for which a grant could have been
ug a made under the Hill-Burton Act, then the Board of Trustees shall
~ s
have the right to terminate the agreement by giving 30 days
notice to the contractor;
s , • . ~,5,
(b) No employee of the contractor may oe a member of the
Corporation's Board of Trustees) and/or any other provisions
required by law to insure that the management agreement does not
^l tL iY ' ~ L.
affect Corporation's status as a public or non-profit corporation
eligible to receive grants under the Hill-Burton Act.
.ti
5.7. No Representa.ion by Transferore_ as to Condition or
SuitabilThe Corporaton acknow ledges that it as exam n7ce
r
PAGE 10
Y ~ z
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+
the Hospital Facility and any and all improvements or structures +
thereon and knows the condition thereof and accepts the same in
said condition, that the Transferors have made no warranty,
either express or implied, as to the condition of the Hospital 4
Facility or any part thereof or that the Hospital Facility will
be suitable for the Corporaticn's purposes or needs, and that the
corporation entering into this Agreement is relying solely upon
its own examination thereof.
The corporation further acknowledges that it has been given
the opportunity to examine the books and records, including the
financial info.omation, with respect to the ey.isting Hospital
Facilities and that neither the Transferors, the Trust, the City
nor the County has made any representation or warranty in regard
to the same.
5.8. Flli. Recordin . The corporation shall file and
" record or cause to be f le and recorded this Agreement.
~1 Ar 1p 1~
ARTICLE b. CONDITIONS PRECEDENT TO
j• OBLIGATIONS OF TRANSFERORS
Except as may be waived by Transferors, the obligations of
Transferors to consummate the transactions contemplated by this
Agreement shall be subject to the satisfaction on or before the
6r Closing Date of each of the following conditions:
6.1. Comp nce, Corporation shall have, or shall have
causedto be/ iatlsfied or complied with and performed in all
material respects all terms, covenants, and conditions of this
Agreement to be complied with or performed by it on or before the
.4 d + F
Closing' Date.
^e` jz e~ .6.2. Representations and Warranties. All of the tepresenta-
6 qty tions and warrant es ma e by Corporation in this Agreement and in t
all certificates and other documents delivered by Corporation to
C Transferorp.pursuant hereto or in connection with the transactions Ik
contemplated hereby shall have been true and correct in all
material respects as of the date hereof or thereof and shall be
true and correct in all material respects at the Closing bate
with the same force and effect' as if such representations and
warranties had been made at and as nE the Closing Date, except
for changes permitted or contemplated hereby of thereby.
' c+ aw 6.3. Absence of Litigation. No order, judgment, or decree by
any court or-governmental agency or authority shall be in effect
that Pnjoins, restrains, or prohibits the consummation of the r'
"It ~i °'transactions contemplated by this Agreement. Further, in
17,
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PAGE 11
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accordance with the provisions of TEX. REV. CIV. STAT. ANN. art.
4437(c) 2, neither the city nor the County have received a
petition signed by at least ten percent (109) of their qualified ;
voters requesting an election before the 31st day after the date
f upon which the City and the County have ordered that the Hospital
be transferred to Corporation,
qlP
6.4. Bylaws and Articles of incorporation. The Articles of
Incorporation and the Bylaws o Corporation shall contain the
provisions required by Section 5.5 hereof.
6.5. Licenses and Permits. Corporation shall have obtained
all permits an licenses required by governmental authorities to
own and operate the Hospital and to carry on the business of the
~aa Hospital as presently being conducted.
,s 6.6. Declarator Jud ment. A final, non-appealable judgment
'r shall have Ben ren ere by a court of competent jurisdiction f +'k<
" 'F upholding the legality of this Agreement covering such matters as
' may be reasonably requested by Transferors and specifically
including approval of the Settlement and Compromise Agreement in
)4r~r4 xr s the action currently pending in the 158th Judicial District
Courts Denton County, Texas, and known as Cause No. 87-1907-C,
s •
6.7. Prior Indebtedness. The holders of the Board's $290,000
Hospital Board Revenue Bonds - Series 1975 and $280,000 Hospital
' Al
Board' Revenue Bonds - Series 1975--A shall have acknowledged and
rr r °l approved this Agreement. r;
6.8, Approval b the. Parties. The Commissioners. Court of the
County, the city counco the City, the Board of Directors of
~7At*Vk rY Flow Memorial Hospital and the Trustees of the Trust shall each ;
i ` 'ave approved this Agreement and the transactions contemplated
„ry .fir; 1"K, i~
herein in appropriate proceedirls com,plying with all applicable s
laws. e
ai --4,
' 6.9. Loan Commitment, The corporation shall have delivered a
" loan comment ev eenc~ng a note in the amount of *400#000 to be
granted to Corporation not later than January 5, 1988, in a form
and substance acceptable to Transferors.
6.10. Services Agreement, corporation shall have delivered
to the City Services Agreement in a form and substance
acceptable to the City.
6,11. SeCLrit Agreement. Corporation shall have delivered
try,", to the C ty a Security Agreement in a form and substance
yr.. t acceptable to the City. R
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PAGE 12
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ARTICLE 7. CONDITIONS PRECEDENT TO
OBLIGATIONS OF CORPORATION
Except as may be waived by corporation, the obligations r)f
Corporation to consummate the transactions contemplated by this
Agreement shall be subject to the satisfaction on or before the
Closing Date, of each of the following conditions:
7.1. compliance. Transferors shall have, or shall have
caused to be, satisfied or complied with and performed in all
material respects all terms, covenants, and conditions of this
Agreement to be complied with or performed by them on or before
the Closing Date.
~fx 7.2. Consents to Transactions. Transferors and Corporation
` r.` r shall have received all consents or approvals, and made all
applications, requests, notices, and filings with, any persons,
governmental authority, or governmental agency required to be t
obtained or made in connection with the consummation of the 1
i' transactions contemplated by this Agreement. I
7.3. Absence of Li~~ti atio~~n. No order, judgment, or decree by
any court or governmental agency or authority shall be in effect
that enjoins, restrains, or
prohibits the consummation of the
transactions contemplated by this Agreement or, in the sole
3 judgment of Corporation, otherwise would materially interfere
ti with the operation of the assets and business of the Hospital
after the Closing Date. 1 z`'
7.9. Material Adverse Changes. No material adverse change in
F the, business, propert es, assets, liabilities, results of
operatibnsi or condition, financial or otherwise, of the Hospital
4 shall have occurred.
' 7.5. Licenses and Permits, corporation shall have obtained
t" all permits and licenses required by governmental authorities to
L " own and operate the Hospital and to carry on the business of the
Y'. Hospital as presently being conducted. r
7.6. Declarator Judgment. A final, non-appealable judgment "
shall have een ren eyed by a court of competent jurisdiction
upholding the legality of this Agreement covering such matters as
•.4 may be reasonably requested by Transferors and specifically
u{ t including approval of the Settlement and compromise Agreement in
the action currently pending in the 158th Judicial District
Court, Denton County, Texas, and known as cause No. 87-1907-C.
it t i'•
7.7. Approval b the Parties. The Commissioners Court of the
ttry'R i=', County, the city council o t e City, the Trustees of the Trust
and the Board of Directors of Flow Memorial Hospital shall each
T'v fT ♦ J,'.
PAGE 13
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` have approved this Agreement and the transactions contemplated
herein in appropriate proceedings complying with all applicable
it laws.
~f
rig ARTICLE 86 EMPLOYMENT
8.1. Transfer of Employees. on and as of the Closing Date,
all employees who were on such date employed at the Hospital
1s " ' shall become employees of Corporation. There will be no loss in
status (e.g.,
job description, job classifications, etc.) or
seniority of Hospital employees, solely by reason of this
Agreement, at the time they become employees of Corporation. in
addition, all Hospital employees will be transferred to
Corporation at the existing or a higher salary/pay scale. This ;
provision shall not affect corporation's rights to make decisions
4A .
with respect to its employees in the ordinary course of its
1 business after the closing.
+~,~akj'rf 8.2. Transfer of Hospital Service. From the Closing Date,
the senior ty o Hospital emp ogees will be based upon their
original date of hire at the Hospital and those
years of service
a+ > will be carried forward and count toward years of service with
corporation.
',q 4
8.3. Retained Sick Leave and Vacation Time. On and as of the ' t
Closing Date, sick leave and vacation time accumulated by the '
Hospital employees will be transferred and honored by corporation.' $
. p r+x r A u
Pam ARTICLE 4. DEFAULTS AND REMEDIES I , 5
9.1. Transferor's Defaults
r* ~ s corporation's Remedies.
j (a) Transferor's Defaults. Transferors shall be deemed
~'4r1 to be in default hereunder upon the occurrence of any one or more
of the following events:
~4 {i i ~ Wr, 411
I
(i) Transferors fail to meet, comply with, or
-'N> perform any covenant, agreement, or obligation
on their part required within the time limits j
and in the manner required in this Agreement. t
(b) Corporation's Remedies. If Transferors are deemed
to be in default hereunder Corporation may, at its sole option,
s do any one of the following:
+~f~~~}i`d r r (i) Terminate this Agreement by written notice
delivered to Transferors on or before the "
h ira} 1. Closing Date..`
Y I ~S k
•t
PAGE 14
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- f.:Wrrw^.. ♦ ti.:':,A o.k«I~jl R)1 ea +n /.'.nry Iri 4'.11' .
{
'IN
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Enforce specific
against Transferorserformance of this Agreement
9,2• Corporation's Default; Transferors' Remedies,
(a) Cor oration's Default,
to be in default hereun er upon the Occurrenceoof any oneeoremore
of the following events;
} Y4~ti 4 ~ orporation fails in an
~sy,r meet, comply or to y material respect to
condition, or obligationrona itg then covenant,
r within the time limits and in the man
part ner requiced
in this F
! Articles Agreement, Such obligations set out in
F obligations end S of this Agreement,
is xtend beyond the Cl Such Date of
th
Yi, Agreement.
(b) Transferors' Remedies,
be in default hereun er"'-- If Corporation is deemed to
option, do an Y, at Transferors'
any of the following ;rota ma sole t
}rt kli 'Ay . , , .
M terminate this A "
Cor greement by giving to ...the
v; potation written notice delivered
? eS;r `r Corporation on or before the Closin to
g Date,
r}i" ,G r,1kG (it) Enforce specific performance of, this Agreement
against Corporation or any other part
y,V 41
Exercise an
Y other right or remedy Transferor6
may have at laW or in equity by'reason of such
wjrr;r,a+S,C~` default,
Yq .a - ,p
F8 '
V A 4Y t';
ARTICLE 10. MISCELLANEOUS
r 1
10.1. Termination. This Agreement and the c templated ereb ny be terminated at any time on transactions con-
12,
he fQl~':~ closing Date,
fore f
t
P (a) by mutual consent of Transferors and corporation$
ure on the ,
by corporation if there has been any material fall-
hereunder; Part Of Transferors to Comply with their obligations
J (c) by Transferors if there has been a material misrepre-
sentation or breach of warrant"
af
try'~~$:.dge Warranties of Corporation set forth herein eoCeifetheretihas 'been
l- 6
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PAGE 15
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a
4 Y` v ~.1 d , 'a'll r
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r, a
s
:
C ,
F any material failure on the part of corporation to comply with
its obligations hereunder; and
10.2. Expenses, Each party hereto shall pay its own expenses
@ incurred in connection with this Agreement and the transactions
contemplated hereby,
' 10.3. Entire Areement.
# x This Agreement, the exhibits hereto,
f~'ir'u1 and the other dogcuments executed or delivered pursuant hereto "
contain the complete agreement among the parties with respect to r
the transactions contemplated hereby and superseded all prior
agreements and understandings among the parties with respect to
r,g ry,' such transactions. Section and other headings are for reference
a purposes only and shall not affect the interpretation or
"x } construction of this Lease. The parties hereto have not made any
representation or warranty except as expressly set forth in this I
Agreement or in any other document executed or delivered k .
~r hereto. pursuant
10.4. counterparts. This Agreement may be executed in any
number of counterparts, each of which when so executed and +L,;
r delivered shall be deemed an original, and such counterparts
yr together shall constitute only one original.
10,5. Notices. All notices, demands, requests, or other
communications that may be or are required to be given, served,
or sent by any party to any other party pursuant to this
Agreement shall be in writing and shall be mailed by first class,
registered, or certified mail, return receipt requested, postage }
prepaid, or transmitted by hand delivery, ;telegram,, or telex,
' id'dressed as follows:'
Ail: ~I a r f
IT,
If to Tr6osferors: County of Denton, Texas l R
Courthouse on the Square
Denton, Texas 76201
Attention: County Judge'
City of Denton, Texas
Municipal Building
.,c Denton
,.Texas 76201.
Attention. City Attorney,
"YJ + z Board of Directors
Plow Memorial Hospital
tv=~~ . 1310 Scripture Street
~A, Denton, Texas 76201 t
S f ail'
,
PAGE 16
M
y h rr
H. E. Flow Trust
c/o Vic Burgess, County Judge
Courthouse on the Square
Geri Denton, Texas
ly.~ if to Corporation: Flow Regional Medical Center
YY" c/o: President
Denton, Texas 76202
N
If to Foundation: Flow Foundation
»r~ ° c/o Walter Lea, Chairperson f
108 Valle/view Circle
Argyle, Texas 76226
E
If to Attorney General: Attorney General of Texas
Attn: Charitable Trust Section
P.O. Box 12548
Austin, Texas 78711
yY k.' Each party may designate by notice in writing a new address to
,r+ which and notice, demand, request, or communications may there- I t'
~y 44w.A it after be so given, served, or sent. Each notice, demand, request,
° manner described above ishall lbe deemed sufficiently y given) seer rvedthe g
sent, and received for all ert,
purposes at such time as it
f° delivOeed to the addressee (with the return receipt, the delivery r
receipt, the affidavit of messenger, or (with respect to a tel@x)
the answer back being deemed conclusive evidence of such delivery)
or at such time as delivery is refused by the addressee upon "T
presentation
c? s
16.6, successors and Assigns, This Agreement and the rights,
s interests, an o gat ona erf:+inder shall be binding upon and
shall inure to the benefit of t..a parties hereto and their heirs,
w personal representatives, successors, and assigns.
t r" 5; 10,7. Governing Law. This Agreement shall be construed and
« enforced in accordance with he laws of the State of Texas.
10.8. Waiver and other Action. This Agreement may be
d~~r ! " t° amended, mo E e , or supp emente only by a written instrument
executed by the parties against which enforcement of the amend
ment, modification, or supplement is sought.
10.9. Severabilit , If an
y provision of this Agreement is
held to be Lilegalt invalid, or unenforceable, such provision f
PAGE 17
y
r .l
l it _ t s/t
ki 1 to
4
,
I
shall be fully severable, and this Agreement shall be construed
and enforced as if such illegal, invalid, or unenforceable
provision were never a part hereof; the remaining provisions
hereof shall remain in full force and effect and shall not be
affected by the illegal, invalid, or unenforceable provision or
by its severance, and in lieu of such illegal, invalid, or
unenforceable provisions, there shall be added automatically as
part of this Agreement, a provision as similar in it terms to
such illegal, invalid, or unenforceable provision as may be
possible and be legal, valid, and enforceable,
10.10. survival of Re resentations and warranties. Each
threperclesentation
of warrant made by anart hereto
c ntemplated hereby, sha survive
10.11. Certain Persons Not Liable, Neither the
bodies nor any officer or emp ogee o the Board, the ty,rnthe
County, the Trust or Corporation shall be personally liable for
" the payment of any sum, or for the performance of any obligation
under, this Agreement. The officers, governing bodies, agents,
trustees, and employees of the Board, the city, the County, the
Trust and Corporation shall have no personal liability for any
y, m costs, losses, danages, or liabilities caused or subsequently
u incurred by any of the parties hereto or any officer, director,
agent, or employees of any thereof in connection with or as a
f result of this Agreement.
10.12. Limitation on Liability. All obligations of the
Transferors exptesse or mp e n this Agreement or otherwise
incurred in connection with Assets for the payment of money or
for damages resulting from any misrepresentation of breach
r. covenant, undertaking, any
a
9. reement, 4 or war
KSP,Y as to comply with all applicabl.elawa,ranty shall be limited so ;
i Y
10.13. References. Unless otherwise indicated, all references
in this Agreement to Sections or Articles are to the Sections and
k Articles, respectively, of this Agreement.
10.14. Dissolution. Upon the dissolution of the Corpora-
°'S,° tion, the Boar o D rectors shall$ after a _
=t1 Vision For the payment of all liabilities, debtts9 and obligations
of the corporation, transfer and convey all of the assets of the
Corporation, pursuant to a court order after notification to the
` Attorney General's Office, to an organization or organizations
Y,{ operated and organized exclusively fcr one or more exempt purposes '
consistent with the intent expressed in Item 9 of the will of H.
<^w., E. Flow dated January 17, 1946, and within the meaning of section
501(c)(3) of the Code and then recognized as exempt from federal
1, a,• income taxation under section 501(a) of the code,
, f
PAGE 18
f
' ; -y's.
r;
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t
IN WITNESS WHEREOFs the parties hereto have executed this
rk Agreement as of the da and
sk} Y Year first above written.
i k
H. E. FLOW TRUST
BOARD OF DIRECTORS OF
°a. FLOW MEMORIAL HOSPITAL
o tir:;v RAYS SPHENSp TRUSTEE BY:
n'
MARY H. WILLIAMS, CHAIRPERSON
` I
~c BY: +
~Gt V I C BURGESS TRUSTEE FLOW REGIONAL MEDICAL CENTERS INC, t
1 ;t
t
Etc
y
BY:
s~ t " tr GEORGE HIGHFILLp TRUSTEE
r , S J ,
- SENNETT KIF.Ki PRESIDENT
f:
gY•
" ROBIN XAIN/ TRUSTEE COUNTY OF DENTONO TEXAS
JIM MATTOXj ATTORNEY GENERAL BY:t`
VIC'BURGESS
ip COUNTY JUDGE . , f.wx
s
M 'K
8Y: ;i
a2^ a ANN KITCHENS ASSISTANT
E 4 ATTORNEY GENERAL
CITY OF DENTON, TEXAS
~ .'YYY~1 1 f h,.
y 'q .7 k
BY:
rt
t. RAY STEPHENS-MAYOR
4' 1,
R ~d l 1 r,
4 ~~If ~ ~r8 ' ' a
I
I,
r4 X13"flf e °I `
y k i d 7±
C ^
PAGE 19
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/
THE STATE 0? TEXAS 5
COUNTY OF DENTON S
Before me, the undersigned authority, on this day personally
appeared
of the County of Denton, Texas, a political subdivision of the
State of Texas, known to me to be the person whose name is
rr«" subscribed to the foregoing instrument, and acknowledged to me
A that, being properly authorized to do so, he executed the same
for the ay
'r a purposes and consideration therein expressed and in the
l
capacity therein stated for and on behalf of said county of
r A, Denton. $c
y GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
of 198 day
f r3 td~a
NOTARY P:lBLIC, STATE OF TEXAS A~{
My Commission expires
'Ilk
THE STATE OF TEXAS S
? a~' COUNTY OF DENTON S
Before me, the undersigned authority, on this da
aPp1-ared. Y Personally ~t
'41SY had: of„the C ty. o Denton, Texas, a munic pa corporation, known to'': ' ar
me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that, being properly
authorized to do so, he executed the same for the purposes, and
consideration therein expressed and in the capacity therein
stated for,and on behalf of said City of Denton.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of
198
04 e 7,
'nil . y / ✓T
l p,. ' icy
pM j
NOTARY PUBLIC, STATE OF TEXAS
My Commission expires:
rt
! a-
r i' PAGE 20
f
M, w. . .
{i t
j.rr~~rrrW
i
i
i
THE STATE OF T?.XAS S
\ i rr
s COUNTY C DENTON S
'i before me, the undersigned authority, on this day personally '
appeared
of the Boar o Directors o F ow bemor a Hos to a
subdivision of the State of Texas, known to me to be the t ca
person
whose name is subscribed to the foregoing instrument, and
j + acknowledged to me that, being properly authorized to do so, he
: ext.. ted the same for the purposes and consieeration therein
expressed and in the capacity therein stated for and on behalf of
said Hoard of Directors of Flow Memorial Hospital. ;
GIVEK UNDER MY HAND AND SEAL OF OFFICE, thins the day k ;
of , 198
!rl' 1 F~
NOTARY PUBLICt STATE OF TEXAS
My Commission expires:
IXE7~(r~ Y ~ ~y L "\ti~ t ~.i .b7 S
-4 THE STATE OF TEXAS 5
' COUN'T'Y OF DENTON S
T' Before me, the `undersigned aut',arity, on this day personally
T
appeared
of the Flow eg ona Me era Center, a Texas non-profit
corpora- tion, known to ma to be, the person whose name is subscribed to
Ar, ,r the foregoing instrument, and acknowledged to me that, being
V , properly authorized to do no, he executed the same for the .
purpo8ea and consideration therein expressed and in the capacity
~k'I1n+ t
ldt4 ,a
` Lt therein stated for and on behalf of said Flos+ Regional Medical
ti £ ' ,~4 • ' Center,
ru 4r'; GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day
3 of 1198 ;
r. y, ~ ar ~R ~ r
4, j
%
A'ia T ~~'r
NOTARY PUBLIC, STATE OF TEXAS a F'
My commission expirese
'i
PACE 21
~ u d
IY D.7 114,
x S >ivgw.w. - 1._ ~.wRa}e'Pr1}yOft'Swfnlav. rwn,..,«.,. --"--.~.»r+Mw,
r
IOL
~~9 r •yq ~ 4 ~ * ~r " ` , 7 s 4 ~
~'C r
,n a kH r t 'l i A ctig,~ \ ,a y', , 0.
j
THE STATE OF TEXAS $
COUNTY OF DENTON $
Yt
Before me, the undersigned, a Notary Public in and for the
State of Texas, on this day personall a
T'ustee of the H. E, Flow Trust y PPeared Vic Burgess, as
be the
whose ..nd is subscribed to thenoforegoing e to
person
a~,§ r r acknowledged to me that he executed the same s hinsrume, and
istfreenact and
deed for the purposes and consideration therein expressed in
the capacity therein stated, and
+ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
of 148 ,
day
1y77 V ~l.' ^ t •
Y1 4 ~
r
f t, NOTARY PUBLIC, STATE OF
My commission expires: TEXAS
t
Irv,
,r THE STATE OF TEXAS S
as A ~ e _
r• COUNTY OF DENTON §
r a R< * ;{Y
Wine me,. the und.t ;
rsilned, a Notary Public in and for the
State cf Texas on this Oa y
2'atee of the o y P►rsonally appeared Ray Stephens, as
E, Flow Trust,.known to me to be the
k` i 4 son
wl,Ae and is subscribed to the fori instrumentp8rand
acknodledged to me. that ego ng
he executed the same as his free act and s
deed for the purposes and consideration therein expressed and n +
yat the capacity therein stated. I k
+r ~ i?~ b GIVEN UNDER H
Y HAND AND SEAL OF OFFICE, this the
of day
6
z~r k. a~ :r f
f, tic `t ~4 ' n . .
q ~ a
NOTARY PUBLIC, STATE OF TEXAS
~''+I's tdy commission expires:
a X71
CY,~ r « Ft ~ y~~ m ` ` r
r
Z Y, t a
PAGE 22
`y p'~le r.'-St~ p ~r t 'd
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^•+K511
s
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i4yy r~Y Fi 'SI
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a
a:
THE STATE OF TEXAS S
u, COUNTY OF DENTON S 11
Before ,ne, the undersigned, a Notary Public in and for the
State of Texas, on this day personally a as Trustee of the H. E. y PPeared George
whose and is subscribedowtoru the known to me to be e the e person
acknowledged to me that he executed the rsamenas histfreenact and
deed for the
purposes and consideration therein expressed and in v
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
of r 199 day
A n a
I i f
FFA~Y S~J` 11T"~
i~+ NOTARY PUBLIC, STAT TEXAS
r~° ~t ti
it
M commission expires: E,
'i l as i, µ i I . t
q q r '
nL r~ ~r THE ETATE'OF TEXAS a .
r
COUNTY OF DENTON
Before me r,
he undersigned, a Notary Public in and for the
State of Texas, on this day personally appeared Robin Xain, as '
-Trustee of the H, E. Flow Trust, known to me to be the r K
tia.1 I whose and is subscribed to the foregoing instrument pecans
acknowledged to me that he executed the same as his free act and
deed for the purposes and consideratic.i therein expressed and in a:
the c8
parity therein stated,
~ I
of GIVEN UNDER MY HAND AND SCAL OF OFFICE, this the day
{rr, i E '"A- ~ ~
~iP 1}~a N TART PUBLIC, STATE of TEXAS
llti',` t, ~,r Hy commission exptress
'y'rppp I
I I
1} L
n. I to p F I
AGE 23
rf~ 1 r:y '~i11jy~iM1~rCWlAlhliKiW7MNrvr,,~.v^. .....r. M.gl ~J~'~~
w 1{ i~a{ .'1 r 1 1 . Y rJ, ~ f
r"~ !K 'J ~ ~ f, ~ f a
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f °I s t 11 -t'.. I ^r~
,
~ YV f7 :1 1 6 ' L r h1
✓v
h. ! a -
4
the undersigned, County Clerk of Denton Count
Y, Texas,
oereby certify that the foregoing instrument of writing, dated as
r Y}" , with its certificates of
aut ent cation, was le for recor in my office on the
day of
199 , at o'clock M„ and'3u`Iy
recorded-En~the Dee of Records of sated County, =n Book
at Page
WITNESS MY OFFICIAL HAND AND SEAL OF OFFICE, this the
day of
_r 198
y f K° { } 'ti MARILYN ROBINSON, COUNTY CLERK
F~Fhteti',,! P' DENTON COUNTY, TEXAS
or ,.r BYs
z y" i ^I DEPUTY
,ctr u; Rd y'.
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PAGE 24 a$
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SPECIAL WARRANTY DEED
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ASSUMPTION
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SECURITY AGREEMENT
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2119L
NO.
' AN ORDINANCE APPROVING A SERVICES AGREEMENT BETWEEN THE CITY OF f
Yr DENTON AND DENTON REGIONAL MEDICAL CENTER, INC.) AUTHORIZING THE
.V T MAYOR TO EXECUTE THE AGREEMENT) PROVIDING THE EXPENDITURE OF
Tr FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the {
best interest of the citizens of the City to provide public
funds to Denton Regional Medical Centert Inc., in consideration
of the valuable public services to be furnished by Denton
Regional Medical Center, Inc, to the City of Denton in
yn4Y~ ;r" accordance with the 'Services Agreement" attached hereto) NOW,
ti THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the
"Sere ces Agreement' attached hereto, between the City of Denton
and Denton Regional Medical Center, Inc., and authorizes the
Mayor to execute said agreement,
SECTION iI. That the City Council authorizes the
expert ture of funds in the manner and amount as specified in
the Agreement.
Al~4 9
Av +yt, SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1987. {
r, i f
i
RAY STEPHENS, MAYOR
rt kY
S` 1 ATTES 1')
SI,! N - Y..
JENNIFER WALTERS F CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
"If ~ rYr $ i~
r +
Ili x"~y~if 3 I
all
~ ^fk .~.,.>.cGw:iwd~AiW~t,"11~6uaF.,Kt:wwn i
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f~,~ntIZY. 'a , r , I 1.
1.
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'JrfVk "fi i P"e r! 9' o ~ ' •'~I
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4 ~ Jr }
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2116L
r
THE STATE OF TEXAS S
AGREEMENT BETWEEN THE CITY OF DENTON
COUNTY OF DENTON S AND FLOW REGIONAL MEDICAL CENTER, INC. i
i
ti WHEPBAS, the City of Denton ('CITY") is a municipal
corpor:='-f, organized under a home rule charter, of the State of
Texas: and Flow Regional Medical Center, Inc. ("CENTER") is a
4
xti i NO
,,t< ^ff . non-profit corporation which was created to, and is in the
process of acquiring the assets and future obligations of FLOW
pursuant to an Asset Transfer Agreement, the terms under which
CENTER acquires the assets and liabilities of Flow memorial P
Hospital so that it may continue to operate FLOW as a community
° r ` ' based non-profit hospital:
WHEREAS, CENTER has requested the 'CITY' to provide funding s
to CENTER for the provision of health care and education services
to residents of the City of Denton, Texas at Flow Regional
+ Medical Center: and,
WHEREAS, CITY is desirous of providing funding to CENTER to.
allow the CENTER financial resources to provide necessary health
A2M
care assistance and education to citizens of Denton at the
Medical Center, in Denton, Texas:
NOWT THEREFORE, in consideration of the foregoing and of
mutual covenants contained herein, the parties hereto agree as t.
til follows! ;
j~y'a' ~Frr; SERVICES
`9 1~ 1 p rv
CENTER shall provide health care services and education to
~r
residents of the City of Denton, including but not limited to:
y ° ~^ty A, Community health care related education including but not
limited to, health awareness and wellness education
programs, diabetes education programs, first aid and
r safety courses."
S. Telephone assistance programs including but not limited to f
>s lifeline and telemed service.
C. Clinical facilities for providing training to student E
{,a i K 1W f- i.
nurses.
D. Physician Referral Services. '
E. All health care eervices customarily provided by a
comparable non-profit community hospital in the State of %
Texas.
^ lM ~ r J 1 ° 1
yr f t w4.wr ' [ a.'
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CITY and CENTER recognize that changing technology and other
factors may make it desirable from time to time for the Hospital
s to change the services enumerated in sections A, B, C, and D of
bra this Article. Prior to terminating any of the services so
enumerated, CENTER shall make written request and obtain the
written consent of CITY'S governing body. Any such written
request shall contain the reasons fnr discontinuing a particular
service and propose an alternative service to be provided under
the terms of this Agreement
s
CONDITIONS PRECEDENT
As conditions precedent to the obligations of CITY under this
Agreement contained in Section III hereof, Corporation shall:
f,w+M a' (1) fully perform and comply with the terms and conditions of
the Compromise and Settlement Agreement between the.
parties and others executed the 4th day of December, 1987.
(2) fully perform and comply with the terms and conditions of
,r the Asset Transfer Agreement between the County of t
j Denton, City of Denton, Flow Memorial Hospital Board of
Dirractors, the H. E. Flow Trust and the Attorney General
of Texas entered into the 4th, day of December, 1987.
(3) provide the services enumerated in Section I hereof at
1, 16 j
r all times, during the term of this Agreement, at Flow ,
Regional medical center.
CONSIDERATION
A. In consideration of such services, CITY a reps to a io-
priate to CENTER the sum of Two Hundred Thousand Dollars
k ti
x~. ($200,000) on October 1, 1988, for services rendered from January
• r a 80 1988 through September 30, 1988, and the sum of Two Hundred
Thousand Dollars ($200,000) on October 11 1989, for services
rendered from October 1, 1988 Through September 30, 1989.
B.' CENTER shall establish, operate, and maintain an account
system for this appropriation that will allow for a tracing of
funds appropriated under Article III. A.
C. CENTER shall permit authorized officials of CITY to review
r*ay (a+ * its books at any time.
t a tt
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D. CENTER shall appoint a representative who will be
available to meet with the Executive Director of Finance ant
r other CITY officials when requested.
E'+ E. CENTER shall indemnify and hold harmless the CITY from any
and all claims and suits arising out of the activities of the
CENTER, its employees, and/or contractors. As further considera-
tion for this payment, CENTER agrees to release the CITY of all
' claims, demands, causes of action whatsoever, known, unknown,
past, present or future arising out of the pant, present or
` future operation and maintenance of CENTER.
pay ~
IV
TERM AND EFFECTIVE DATE
The term of this Agreement shall commence on January 81 1988 i
provided the Clusing of the Transfer of Assets by CITY and uthers
to CENTER ha been consummated. If such Closing has not occurred
by January b, 1988, this Agreement shall become effective upon
r the first date following said closing.
' The services funded by the CITY shall be performed by CENTER
commencing on the date of execution of this agreement and
continuing through October 1, 1989.
DEFAULT AND REMEDIES
t If CENTER should cease to provide any of the services
enumerated herein, if CENTER should fall to comply with the
covenants set forth in Article III hereof, or if CENTER should
tail to maintain and operate the Hospital in accordance with the
provisions set forth in Section 1.3 of the Asset Tra.•sfer ,
r Agreement, CENTER shall be deemed in default of this agreement.
CITY shall notify CENTER in writing of said default and CENTER
shall have thirty (30) days to core the default, Once CITY has
mailed such notice.. CITY shall have no further obligation to
provide compensation to CENTER pursuant to Article Iii hereof
pending CENTER'S cure of any and all defaults alleged by CITY. ti
r if CENTER has nr•: cured the default within thirty (30) days of
the notice, CITY shall forthwith bii entitled to exercise its
+ ay >3ecurity interest in Flow Memorial Hospital pursuant to that
~a certain Security Agreement- dated January 8, 1988, or as of the
date of closing of, the Asset Transfer Agreement, a copy of which.
is attached hereto as Exhibit A. Additionally, City shall h&ve
no further obligation to provide compensation to CENTER pursuant ~'.•`~x,~'yy Ali'
'.o Article III hereof.
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w 1 whenever one party to this Agreement in good faith has reason
to question the other party's intent to per:'orm, it may demand
that the other party give written assurance of its intent to
perform. In the event a demand is made, and no assurance is
given within ten (10) working days, the demanding party may treat
this failure as an anticipatory repudiation of the contract. Any
demand made under this section shall be in writing. No response
to a demand for assurance shall be construed as a modification of
the Agreement, unless both pirtit<, e:ipressly agree in writing
that it is intended as a modification of the Agreement.
.
vi.
ASSIGNMENT
The parties specifically agree thak CENTER may assign its
#~~'.t y rights to compensation under the terms of this Agreement to Rirst
State Bank, Any other assignment shall require the written
r ' consent of CITY.
'16~ kr V i I .
NOTICES ,
a ,+e
All notives, demands, requests, or other communications that
may be or ate required to be given, served, or sent by any party
Oil
It to anv other party pursuant to this Agreement shall be in writing
and shall be mailed by first class, registered, or certified
r¢`' kra` xF: mail, return receipt req,:ested, postage prepaid, or transmitted
by hand delivery, telegram, or telex, addressed as fcllowss
A L' }
" 4? If to CITYs City of Denton, Texas
Municipal Building
Denton, Texas 76201 "a
x•':g ';r Attentions City Attorney
~ r
3< w i',5 4' If to CENTERS Flow Regional Medical Center, Inc.
tai >rn 's k^' c/os Sennett Kirkr President q
1310 Scripture Street
,t
Denton, Texas 76202
.1 6
Each party may designate by notice it writing r new address yl
t ~i•f to which and notice, demand, request, or communications may there- l'
Y$, '.'rry after be so riven, served, or sant, Each notice, demand, request,
or communication that it mailed, delivered, or transmitted ir, the
d ,t i~~ '14' ' =1 mannei described tboves shall be deemed sufficiently given, ,
served, sent, and received for all purposes at such time as it is
PAGE 4
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delivered to the addreseee (with the return receipt, the delivery
receipt, the affidavit Gf messenger, or (with respect to a telex)
F + the answer back being deemed conclusive evidence of such
delivery) or at such time as delivery is refused by the addressee I
upon presentation,
d I
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EXECUTED this day of , 1967.
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CITY OF DENTON FLOW REGIONAL MEDICAL CENTER
sAI' BYs
BY: t
RAY STEPHENS$ MAYOR SENNETT KIRK, PRESIDENT t;
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December d, 1987
CITY COUNCIL AGENDA 1IEM
TOt MAYOR AND MEMBERS OF TI IE CITY COUNCIL
I '
FROM: Lloyd Harrell, City Manager
097359
BID
LEWISVILLE DROELECTRIC NE GENERATOR PURCHASEWITH DOMINION
r SUBJEC7i pROJECTR HY
BRIDGE-SULZER, INC.
3
i
RECOMMENDATIONt
- + The Staff recommends approval of P. contract ::Sth nnminion
+ ~~r Bridge-Sulzer to purchase a Hydroelectric Turbine for Lewisville Lake. ;
~ ; SUMMARYt j
The City of Denton has been In the feasibSi.ty, engineering and
~ le
preliminary design stages for a 2800 KW hydroelectric turbine for
Lewisville Lake since 1981. Denton was Issued a construction license by
s tr „d the Federal Energy Replacory Commission for this protect in 1984.
Construction must begGr by March 1988, or Denton Is in jeopardy of losing ;
{ this license. The consulting engineering firm of Black & Veatch, Kansas ~jF,
rt " City, Missouri, have 'peen employed by Denton during the feasibility and
preliminary design stages, and are under a contingent contract to perform
the full constructioh design pending Denton's approval to proceed with the
br l' project. Awarding a contract to purchase the turbine will release Bieck &
Veatch to begin the design engineering.
Denton had received bloc for this turbine In May, 1986, with a low
s'.
evaluated bid of $1,238,650 from Dominion Bridge-Sulzer, who have
s r ' `
`offices in Boston and are headq':erted In Toronto The turbine is a Swlsa
manufactured turl;ine.
After receiving bids In May 1986, TMPA expressed legal concerns with the f
DentonITMPA Power Sales Agreement If Denton proceeded with this
project. Denton has spent the peat 18 months atten., ling to resolve these
concerns. An amendment to the TMPA Power Sales Agreement has been
' developed by the TMPA Attoruey'a, and has received the approval of the
City of Donlon, City of Bryan, TMpA Bond Council, Standard do Pooe'o,
Mcodyte and 09 two banks who held major TMPA debt securities. The
Cities of Garland and Greenville, and the TWA Board havo yet to act on
the amendment.
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Due to the delay In awarding a contract for the turbine, the original May
1986 bid expired and In March 1987, the hydroelectric turbine was rebid.
Dominion Orldge-Sulzer, again, was the low bidder of $1,358,970. This bid
price was firm only until November It 1987.
In order to meet the FERC license deadline of March 1988, It Is necessary
. to get engineering for the turbine housing, piping and auxiliary equipment
underway immediately. The total cost of the project is estimated to be
$3,500,000. The unit will produce approximately 12,000,000 KWti per
year. All of the electricity will be utilized by the water and wastewater
a departments. The average coat of electricity from the unit Is estimated
to be 6.0060/KWil for the first 23 yegrs. Wholesale cost of power from
TMPA for 1988 Is expected to be 6.6230/KWH and a projected average
coat of 8.260/KWH for this same period. General government will receive f
Y the additional benefit of a return on Investment of approximately
$200,009/year.
T 'T C IY J ,\01 , J. y,
There 1s some risk in proceeding with the project In that if an amendment
j; to the TMPA contract is not finalized, Denton may be In technical
violation of the TMPA "all requirements" Power Sales Contract.
However, this violation would not occur until the unit began producing
electrical power In tho second quarter of 1989. It might be noted that the
City of Garland is building a 750 KW
~ •~~t " ` ng generator at their wastewater
" • treatment plant that will use sewer methane gas for energy. Thereforep It
is anticipated that the amendment to the 1'Mr , coptract will be
necessary for the City of Garland also. i;
At the Council Work Session of November 10, 1987, the Council expressed
agreement with the Staff's recommendations.
IT,
f. Award a contract to Dominion bridge-Sulzer for the hydroelectric
turbine. •`r v„
f , 2. Release Black de Veatch to begin engineering and preparation of
pains and specifications for the Installation of this hydroelectric
turbine end associated au+atiary equipment.
3. Continue to work with the Cities of Garland and Greenville and the
TMPA Board to approve the amendment to the TMPA Power Sates
Agreement.
4. Conclude the ongoing activities of getting an agreement with the
~'0 J, City of Dallas for the non-consumptive right to the water discharge
from Lewisville and an
operations agreementl s non-consumptive
water rights permit from the Texas Water Commission, and an
Interchange point agreement with Brazos Electric Cooperative and
possibly Denton Electric Cooperative.
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Page 3
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt
Denton Municipal Utilities, water and sewer cost, TMPA, and citizens of
Denton.
.cr
FISCAL 1MPACTt
~L This project Is In the approved 5 year C1P plan.
Estimated coat of project $3,5000000
Respec fly submitted,
ITIr`IM 1 11 \1'J rr Q ` S'.
rl + , + M
larrel , 4ya n !
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R6 El t ~
elson, .xectrt ve D rector ;
Department of Utilities
' 4'. Approved bye : c
r Ri E, a son, xecAve rector
' I7bpartfnsnt of Utilities
r = exhibit I Proposed Contfect
It OLAInenoe
+ { III PLO M"tes of !November 9, 1987
IV81ack Veatch Letter of April 70 1987
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EXCERPT
PUBLIC UTILITIES BOARD MINUTES
NOVEMBER 91 1987
1
i
21 CONSIOER LF.WISVILLE HYDROELECTRIC PROJECTr `
1
Nelson updated the Board on the present situation with the Lewisville
Hydroelectric Project. He stated the even after Denton'a trip to Garland
,rr two weeks ego, the Garland City Council has again put off voting on the
TMPA Amendment and this Is still pending. The City's opinion Is that the f
Amendment will receive a favorable vote from the Garland gr(ysp.
's However, the Staff has decided Denton must proceed with this project.
Under the FERC License issued to Dentnn, construction must begin by f
` March 1988, or Denton Is In jeopardy of losing this license. It is hoped the
project will be operational by the summer of 1989. The City needs to get
` underway witl the engineering In order to get construction underway by
r{'Y:, ;'s
March 1988.
J \R u aY.. I4
G• ; S To4llos stated Denton Is negotiating with the bidder, who wants come price
1 ~"ldef due to the many months of slippage In this contract.
LeForte questioned as to what recourse Denton would have In the event
N TMPA does not let us use the hydroelectric project. Nelson gave the
following three scenarlosi a) Denton feels the amendment will be passed,
Ef Yi 1~' ' i y t!
b) 1MPA could declare a project between now and 1-I/2 years from now.
Denton can decline participation and take another avenue. Before • r
allowing Denton to do this, TMPA would probably be willing to approve
+ ?g the amendment, or c) Denton could sell the project and recover the
,4t capital Investment.
s ,r Nelson further stated that the project to financially sound in that power
cry ( coats are estimated to be 6,006E/KWH total and, if the Return on
Investment is removed, 40JKWH which is very competitive. `y
10
Harrell Indicated he would like to take this item beck to the Council so
Denton can get It wrapped up, but approval on the amendment by TMPA
won't happen before the December meeting of the Board. If Denton
x doesn't get started, time will run out.
The Bnard asked If Denton needed to recommend Dominion Bridge for
t City Council pprovel also and if so- at what point can Denton still back
` ~pyti ''f out? Nelson stated onto signed, Denton can't beck out without
cancellation charges.
Estimated cost of project 5795009000
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b
1
Chew made a motion to recommend to the City Council that Dentoni
i
a. Award a contract to Dominion Bridge-SulzPr for the hydroelectric
` turbine.
i o f r
i
b. Release Black & Veatch to begin engineering and preparation of
tip plans and specifications for the Installation of this hydruelectric
t± , turbine and associated auxiliary equipment.
9 c, Continue to work with the Cities of Garland and Greenville and the
.:Y n TMPA Board to approve the amendment to the T h1PA Power Sales
t Agreement.
d. Conclude the ongoing activities of getting an agreement with the
city of Dallas for the non-zonsumptive right to the water discharge
from Lewisville and an operations agreementl a non-consumptlve
water rights permit from the Texas Water Commisslon, and an { A r
t Interchange point agreement with Brazos Electric Cooperative and
possibly Denton Electric Cooperative.
tr ; e+ Second by LeForte. All oyes, no nays, motion carried
y Qz ~'`rr 4 Tullos advised the B, •,rd that the Rey Roberts y
After the vote,
Hydroelectric license rune approximately 2 years behind this one, and the
Board may have to conatder this soon. The start date to 1989-90.
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B L A C K & V E A T C H
ENGINEERS-ARCHITECTS TEL. 19171 330'2900 r'
1 NO MEADOW IAKe PARK WAY
MARINO ADDRESS PO, BOX NO 4404
LI 1
KANSAS CITY, MISSOURI 54114 f
City of Denton, Texas B&V Project 10566
Lewisville Hydroelectric Project 34V File 62.0200.00
Tufbloa&G#neratoi Old Evaluation April 7, 1987
<
++y{,~ City of Denton f
y~ Municipal Building
213 East McKinney
Denton, Texas 76201
pf.:
Attentions Mra B. E. Nelson
~A } rl " r ~r Centlemens
k Specifications for furnishing the Turbine-Generator for the subject project
' were issued for rebid on March 13, 1987 to three vendors who bid the
f -e " u " GY1 initial issue and who had expressed an interest in rebidding the project.
Two of the three bidders submitted proposals for the April 2, 1987 bid
1r t o enin
^~'t The proposals of the two bidders were evaluated. Adjustment costs were f^>
uiigned by Black & Veatch based on the methods outlines in the
~1,raii ,4t , } specifications and proposed scope of supply. Two copies of the evaluation
1.
tabulation and evaluation criteria are enclosed. A summary of the
evaluation follows.
°4ln,, Total
°r Comparative Total Diff. Total
Lump Sum Capital Evaluated Evaluated
Bidder Bid Price Costs Costs costs
IDominion Bridge- r
r+ Sulter 10358,970 115170088 1,5310138 Baas
Ingersoll-Bassd 113670800 10672,204 106720204 140,866
The evaluation was performed based on ateessing capacity credits for the ±
full gvarAnteed output at rated heady I".
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City of Denton Z B&V Project 10566
Mr, R. E. Nelson April 1, 1967
k! Based on th,s enclosed bid evaluation, it is recommended that negotiations
be held with Dominion Bridge-Sulzer for the turbine. generator. The
negotiations would be used to resolve questions and clarifications in their
rebid that did not exist in the initial bid. Also, please advise if the
post bid opening exception on limitation of liability proposed by their
4 letter of April 6, 1987 should be considered. A limitation of liability i
t ;fit' clause was included in Dominion Bridge-Sulzer's initial bid, however, this
clause is different and should be modified.
` - If you have any questions or comments regarding the enclosed, please
s r,` contact us. Also, please advise us when negotiations should be initiated. j
Very truly yours, r
BLACK 8 VEATCH
9444 61
11N~ S. A. Armbruster
SAAsjfs kF
toclosure
to Kra J. J. Marshall `
E, d. Tullos ✓
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TURBINE GENERATOR BID EVALUATION CRITERIA SUMMARY
1. Differential balance-of-plant costs are based on powerhouse volume
variance from that shown on the specification drawings. Penstock
! arrangement differences between the two proposals result in no cost
difference.
is, 2. Interest during construction is based on 3.5 months of interest with
" an annual rate of SO percent. Mid point of construction was
b considered as Mid-June 1988.
3. Differential Capital Equivalent of Annual Generation considered
capacity NO evaluation and energy generation evaluation (kith).
I-R was credited for additional capacity and energy generation since
their arrangement allows deletion of one 30 degree elbow resulting in
slightly higher net head.
r rY 1 ; 4 : 111 1
4. Capitalization of annual generation was based on the folluving
criteria. .ti
Present Worth Diicount Rate - 8 percent
Fired Charge Rate - 10.9 percent
1
Evaluation Period - 15 years
r
Levelieed Capacity Cost - 14.50/kit/Month in May 1988 e1,
Capacity Credit Period - 4 summer months
4S r It lF Ys. N
.r't Z Energy Coat - 00.025/kwh in 1988 escalating at 5 percent 4
1 fl~Y r 1
AV
Capitalized Capacity Cost - $455/kW
r K Capitalized Energy Cost - ¢285/Mkh
5. Flow duration curve for energy generation model was based on flow
measurements taken below Lewisville Reservoir during 1960 through 1969
with adjustments for water withdrawals by the Cities of Lewisville and
Denton and for Dallas rule curve with Ray Roberts Reservoir in
operation
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61
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IIACK I VEATCH a
a City of Otnton, Tells Ely NO;fct I1bi
st y,`r' llollrlllo Nydrollectrlc Projstt 164 file 62.020010?
Tur61ie-loneretor lid £r+luition April 6, 1997
Plot 1 cf 7 3uetarr
I L 5a 1
f +P~ ,t Iridge-Sulter te4asoll-Nand Neesrkf
a f r" ` tuutuaaarua as uarrawat urs:rnuaaaauaa well t .
ill ell ifl
r ~.Ia lu+p out lid price 1,558,910 t1.6'1100
x, h r
~'uW 1"•~? Adjustelats to lusp sue Price
140ktal Colt Adjusteff.ts 11000 %Soo got shift 1 of S
AJ 4ti,4 wr Collircial Cost Woetentt 41000 11000 SH Sneet 2 of 7
taaaatett rratatata
Tots'. Adjusted lid Price 1,217,470 1,4071700
1lffervilli Blanco-of•PUnt Costs w160 216,672 M Shift 2 of S ;
~ a'~ ,~'~r~`~ latorost hrin9 Larllrutttan IJ,ISB 19,172 ~,r w / ' - uattttta uuterrr
j?b ° Total 6e06ratire C+pitet Caste 3,117,011 11672,201
1Uferl+till L6ptt11 Equivalent 0 , n Aapua1 Beairatlon 111250 0 off Seett 2 al 3
~r
;+''ll1 a,; - ttuterte rvunu g li
,tJf"f h `dtsl £td,u6't~dCush S,S71,37f 11672,201
Oifftrsntlal Totil £allulted Costs 6 190,166
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RECEIVED
NOV 1 7 Wl
. E . A
AVA7
oo~nwoa DMoci-:uum INC.
C.PJP.O, Box 665 Lachine, Ou6bec, Canada, H$$ 40 i
4
T616phone(514)831.3551 Te1ec0pier(511(63&8588
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November 10, 1987 k
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City of Denton ccs Black d Veatch
Department of Utilities PO Box 8405 a
Denton, Texas
ti ) 762010 USA Kansas City, Ma.
64114, USA s`
v
y~tia y Attentions Mr, E. Tullos Attentions Mr. . Guyot
e,r°, SUBJECT: LEWISVILLE HYDROELECTRIC PROJECT
,t',•~ 3~r y .
BID NUMBER 9735
I`ve `'L` , ra I+.
Gentlemen,
rt«<j Y
We take this opportunity to respond to Mr. Guyot's letters y ,.st
of November 4th and November S, 19871 1. Bid Validity!
r S ~
Gig 4raA i'i ,5~ r r`R
We, hereby, extend the validity of our quotation made
011
r, April 2 1987, subject to the terms and conditions r 'y'•; J 41
~;'prrY,' stated In the proposal, as amended by our letter of a
"k April 6, 1987 (copies enclosed) and as further =ended herein until December 9, 1987.
rah'. ' l
s'p;a +1 (a) Amendment to Cenersl Conditions
Please emend clause GC,31 Payments by replacing the
a1r~"~" first patagraph with the following,
ry~ p
'a "Payments, expressed in percentages of the total r
r )axiYy r';' Contract Value, will be made to the contractor
according to the following schedule of mile- " r
' R
' stones
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City of Denton
LEWISVILLE HYDROELECTRIC PROJECT
Page 2 1987-11-10
It 0I
Event Payment
Awari if Contract: 10%
+ F } s r
pikr Yt °b +
m+
'
Subaideion of Certified 90 day.
w +a drawings: lox
+ Delivery to site of embedded s
parta: 23% F`ti ' ~'s s I
>1+"~ ~ja~ Delivery of turbine stay ring/
distributor assembly: 2.1% wlr}~rlr
7rriyy<' Delivery of turbine runner: 109
yy
Delivery of generator: lox , Y
r , Final acceptances loX rE;
All payments will be in US dollars and are net 30 1 4,
K1; days after presentation of invoices,.
,i'9, ~ +r t V E
Technical Issues: k 1.
s E+ ' dl 2'
1. Wicket Gate Stopsi
The DB-9/Bell standard design uses buckling links in the
adjusting mechanism of wicket gates to prevent damage
rp
Eli: in the event of blockage. Since they buckle rather than
fail, the wicket gates remain constrained and cannot A
rl
flutter freely.
~ift; r a+~a>5 + 1 q
5
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v~E"+Y!°r.vS r,~n,.w~ , _...-...w.....r.«-+.ww•w+w NV~WjAWK►N'+tww"^o"""~.._. r. A~*~ r~~~a{P ~i, ut,~~ , F:~ { v k 1 + a +
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9GMINICIN MCGII-SULMINC
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a City of Denton a
or LEWISVILLE HYDROELECTRIC PROJECT
Page 3 1987-11-10 I ,
B byr~}r
+yT'M1 n ~
Pyyy~~N~~~ M~ + r S 3 '
2. Turbine Shaft Seal Packing:
Y ! ~
ckv a DB-S will provide a suitable substitute for the asbestos
yarn packing. We trust our responses to these items will permit you to
ws1;Iq proceed with Contract Award. We look forward to the opportunity
to begin this very interesting project. I
f
7 ,l, Sincerely,
DOMINION BRIDGE-SULZER INC.
T.P. Taylot, Eng. a`a
Manager - Sales 3 ~
;y J4 Energy Division '
y,rr~'' rY F
TPT/rel
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Enclosures k. • ~ ,
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RECEIVED U.4 1 1987
1t ~
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s OFFICE OF THE CITY ATTORNEY
MEMORANDUM
%
N J"
TO: Ernie Tullos, Director of Electric Utilities
t FROM: Debra A. Drayovitch, City Attorney
r a
4 ? SUBJECT: DB-S, Inc. Contract Award and ordinance
x= Authorizing Contract
.r
DATE: November 25, 1987
Attached please find a copy of the above-referenced ordinance.
Please note I need a copy of the contract to be attached to the
Sw~ ordinance. Please furnish this document as soon as possible.
I cannot recommend agreeing to the bid exception taken by DB-S,
in the letter of April 6, 1987 from Mc. Taylor. I find it
difficult to believe that Black and Veatch acting on our behalf,
agreed to such. I consider this a material change to the
contract and accordingly, should you accept this exception, you
jy would be awarding the bid in violation of state bidding statutes.
a'}+ I would also take this opportunity to question the General Condi-
tions of the contract insofar as requirements for insurance,
Surely there is a mistake or omission as the only minimum amounts
stated are $500,000. Please check with Black and Veatch to
`r`3'Ft i ascertain whether other requirements are mentioned elsewhere in
the documents. As you know, you provided this office with ;
yM+ Aevera1 hundred pages of documents a week ago, although I would
like to have additional time to review the documents, you have
advised that the contract must be awarded no later than December
80 1981. Accordingly, I have prepared the attached ordinance.
Should you have any questions in this regard, please calla
y.
{p~k a R t .
'art ~ ~ s
%
DEBRA A. DRAYOVITCH
DAD: j9
'.y rs}~ ~r1 xcs Lloyd V. Harrell, City Manager'
Robert Em Nelson, Executive Director of Utilities "
Attachment
;t
25561
~~al~.
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a + .1
'2114L
NO.
"
AN ORDINANCE ACCEPTING THE BID FOR THE CONSTRUCTION OF A TURBINE
WITH AUXILIARY EQUIPMENT FOR THE LAKE LEWISVILLE HYDROELECTRIC
PROJECT; AWARDING A CONTRACT TO DOMINION BRIDGE-SULZER, INC.;
s AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
Y ty
EFFECTIVE DATE.
} 141°4~
WHEREAS, thn City Manager has advertised for bids for the
construction of a turbine with auxiliary equipment for the Lake
Lewisville Hydroelectric Project; and
WHEREAS, the City Manager haying recommended to the City
~
Council that the lowest and best bid is that of Dominion
Bridge-Sulzer, Inc.! NO"i THEREFORE,
i 4 t,r
P,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
k^ 1 y
ate ~t ,f SECTION I. That the bid of Dominion Bridge-Sulzer, Inc. is
here y__ n 4 things, accepted.
Fx j
SECTION Its That the Mayor is hereby authorized to execute
the ontract r with Dominion Bridge-Sulzer, Inc., a copy of which
Hy ; is attached hereto and incorporated herein.
PASSED AND APPROVED this the day of , 1957.
1~p
rPZ
4 4 RAY S`TEpHENS, MAYOR a
."4 1
ATTESTt.
I I kil
M RIFER WETERS CITY SECRETARY
r 4°,; r, v? APPROVED AS TO LEGAL FORM=
O 1 k 4 %1
„st fi,"f, DEBRA AbANi DRAYOVITCHp CITY ATTORNEY F
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All.
M1
DATE; 12-8-87
CITY COUNCIL REPORT FORMAT
j •
TO: Mayor and Members of the City Council
FROM& Lloyd V. Harrell, City Manager
' SUBJECT: Passage of a resolution approving an amendment to the 1987
Final Statement of Objectives and Projected Use of Funds ai
, e
`r RECOMMENDATION: ".r
wo'. The Community Development Block Grant Committee recommends approval.
1 IY~ ,
t x SUMMARY: $25,000. In CDBG funding is being reallocated from•an incubator
±tr,f s Fusibility Study to the Small Business Development Center.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
a v ' di•, •r, NIA
i arv. i r'.
iFISCAL IMPACT: 'y
There will be no impact on the General Fund
/l JJ I+y 1
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OY .;z
<City Manager
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71
,r P re y ;M1
d
C60iup nlty, Development Coordinator
J
1~ '~,r,n.l, Kpprove s ~.;r~, '1 a son, c ng
s
`6xetutive"Director ' 1
foe p1'anhing` and Development
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'I a d~ I. n
i
1835L
' RESOLUTION NO-
A RESOLUTION BY THE CITY OF DENTON# TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF
OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 11, 1987 TO
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE
VERIFICATIONS# AS AUTHORIZED AND REQUIRED BY THE HOUSING AND .
COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDEDI AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the
~t
development of viable urban communities, including decent
housing, a suitable living environment and expanded economic
opportunitiea, and
d WHEREAS, the City of Denton, Texas, has a special concern for
° persons of low and moderate incomes and
WHEREAS, the City of Denton, Texas, as an entitlement city,
1 r hag prepared, through a citizen participation process, a program
for utilizing its fourth year entitlement funds In the
approximate amount of $571,558.001 and
WHEREAS, the City of Denton, Texas, had previously allocated
an approximate amount of $254000.00 of the entitlement funds for
4k funding an incubator study; and M
WHEREAS# the City of Denton, Texas, now desires to reallocate
'r a an. approximate amount of $25,000.00 of the incubator study funds i.
for the purpose of a small business development centers NOW,
THEREFOREi
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONi =y
,1 Y
SECTION I. That the City Council of the City of Denton,
rr' Texas, authorizes the City Manager to sign and submit to the
x. I a
Department of Housing and Urban Development an amendment for the li
reallocation of funds to the 1987 Final Statement that was
previously submitted for a grant application and appropriate
assurance for entitlement funds under the Housing and Community
Development Act of 1974, as amended.
air SECTION Ti. That the City Council of the City of Denton,
Texas,auE►h izes the Executive Director of Planning and
Community Development to handle all fiscal and administrative
a►attera related to the amended final statement.
°Y>~,~,.,....... 4.r NRYz14nPdlWt4k~uA~'IkayhV4`bdA .W.'IhYk`
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SECTION 111. That this resolution shall become effective j
y..'. imee a e y upon its passage and approval.
SECTION IV. That the City Secretary is hereby authorized to
furnish copies of this resolution to all interested parties.
PASSED AND APPROVED this the day of 1967.
i
's
, 71,
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114 4
ATTESTt;
VER 'WATERS, t ,
P1T"SFCRETIRY
APPROVED AS TO LEGAL FORM
DESAA All DRAYOVITCH, CITY ATTORNEY tk
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41
4, y,
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Minutes
87 ant committee
Community Dev s}c obert 1lock
Sibyl Evans,
Chipman,
CDBG MEMBERS PRESENTS Lucy C'=1~pbell, Don
Jo Luker, Sarah Parker,
Rosemary Rodriguez, and Connie Wells
CDBG MEMBERS ABSENT: Connie Aguilar and Dennis Stephens
is
CITY STAPP PRESENTS Barbara Rosso Community Development
Coordinator, Penny Black, SecretaryI ;
Betty McKean, Director of Municipal
Services and Economic Development (MS/ED)
GUESTS PRESENT: Bill Holt, Chamber of Commerce Director
c, of Economic Development, Jerry Cott,
Chairman of Small Business Initiatives
Bonnie Logan, Carl Williams, and Citizens
aR~
Connie Wells called the meeting to order at bs09 p.m+
nl±°'`? Ms. Wells entertained a motion for election of ,
wells
Me. Evans made A motion nominating Ma. <
officers.
for Chairperson, Ms. Rodriguez seconded the motion, the
M k+, motion Was carried by a unanimous votes
spa Luk
er for
Campbell made a motion nominating Me. he
Cam n t
s~ o
M
p e moti,
f seconded ~,Kr co-Chaicprreon, Hr. Chipman th
motion van carried by a unanimous vote.
f
s 4r'"` I. Me. Wells introduced Jerry Cott and Bill Bolt to the
committee and lie, McKean gave an update on the use of
=tib '1` CDBfl funds recently allocated to fund a Small Business
Incubator feasibility studyo
r
Ma, McKean spoke briefly on the acceptance of the.
concept by the small businesses, the educetioh sector,
eto. it became obvious from these converstation$ that
the large sum of money necessary for an incubator
operation was more than CDBG funds could possibly
provide, Me. McKean said a more conscientious use of
funds would be the implementation plan fora 6me]1
Business Development Center (SBDC).
"fir`'' Jerry Cott opened a discussion on the Small Hueineria
Development Center. Mr. Cott said the SBDC shoulds
IJ~~ 1. ~ w.v.er%:aliN/►..11~vdt0YslliYtlldjRti`~''t
tN
,
x•
CDBG Committee Minutes
October 19, 1987
Page 2
i
A. Generate new businesses in Denton. These would act
as new new customers taxpayers in existing the communiEyses and also
become B. Serve as a link between legal associations,
financial institutions, private
consultation/counselingr universities and
local/regional small business groups and other
service resources.
C. Provide training to improve skills and knowledge of ti
existing and prospective small business owners such
as Advertising and Promotion and Personnel Practices
of Small Business.
D. Provide technology transfer from existing resources
<!'i to small business,
E. A new business using a provider firm for a service
the individual will pay for the service. A
a ;
percentage of that fee paid to theettprovider firm
will be given to the SBDC. Mr. Mrs Holt
the Chamber Director of Economic Development served
as a mediator for the Chamber and the Advisory Board.
Ma. Evans asked what would happen to the ¢25,000 of CDBG
funds.
Mr. Holt explained the budget of $25,752 would cover the
operation for one (1) year and the donated office space
r would also be very beneficial,
Mr, Williams expressed his concern that minority
y~x businesses were not,included in the plan.
`rati ,r r j 3, ,
Mrs Holt and Kra Cott suggested that Mrs Williams make
note of any owners of small businesses tW. he could ;
+ f' ' oontaat about the development of the SBDC, Mr. Cott
also invited Mr. Williams to the Chamber to further
discuss his concerns for ethnic minority small
}J" businesses.
Ks, McKean said the concept of the SBDC and economic
development stressed growth of the entire city,
~'k.''`!including minority business enterprise.
Me, Ross said since the beginning of her employment with
the City, 100% of CDBG funds have always been allocated
to assist low and moderate income individuals within the
City's targeted areas,
4
half. rd ~Y a ~1, ' .
. h.. i.
0
.
_ 1Mw`NiW1k4AAY1 bY,'P.~rva
M4" F wo~
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,
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CDBO Committee Minutes
October 19, 1987
page 3
Ms. Logan said she was pleased with the SBDC concept and
she commended Mr. Cott for his efforts in trying to
contact individuals in the minority community for
feedback on the concept. Ms. Logan said Mr. Cott had
hosted a couple of luncheons at his home with her and
h Mr. Logan as guests to discuss the SBDC concept.
Mr. Chipman asked if further funding requests would be
made in six (6) months to a year or later for the SBDC.'
Mr. Cott said if the SBDC is as successful as he thinks
it will be, no further•financial assistance will be
M needed.
n' Ma. Wells entertained a motion that the CDBQ Committee
support the Small Business Development Center as
presented in the draft reading material,
Ms. Luker moved that the motion be voted on and
Mr. Chipman seconded the motion. The motion was carried
by a unanimous vote.
px'r't c 7105 Me. McKean, Bill Holt and Jerry Cott thanked the
committee as they left.
Me. Evans asked what was going on with the allocated
i
102,000 for the Phoenix apartments.
Me. Roes said she had spoken with Bear, the maintenance
man who had expressed concerns about the professional
y'f^' ' ~V< extermination process.
Ma. Logan said to her knowledge at the first of every
4^ot',4 r' month the tenants were receiving these "Combat" type
sM; disks (roach motels) which had proved to kill lots of
roaches. She also said she would like for a
professional to give a bid on the project.
•i
Mr. Chipman requested the staff gat. a bid price for
fµ° t• `f' ~r extermination at Phoenix by someone like Adams
ExtermltIators.
' ' Ms, Luker believed a professional exterminator would be
more of a safeguard for the City* flogs said if extermination is not feasible, monies
could be used for additional carpeting# painting, etc.
a Ms. Wells requested that the extermination be put on
hold until a bid is received to determine the cost.
1 1:
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` CDBG Committee Minutes
October 19, 1987
Page 1
a. Ms. Rc-s informed the members that they would be
notifi..d of the next meeting.
III. Me. wells adjourned the meeting at 7120 p.m. s
r+
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5
I THE DENTON SK%LL BV:•INESS ASSISTANCE CENTER REPORT
This report is designed to coincide with recomoendatioat
of the incubator Task force. The Incubator Task force .
or
. (ITf) has determized, and will report soon that the
counsel
very for day area tram l a local resource.
available able l need
The following outline is designed to provide the framework
for this center.
DENTON SMALL BUSINESS DEVELOPMN'P CENTU (SBDC)
w
1.0 PVRM& AND SCOPE
SBDC is being designed to most the specialised and
complex management and technical assistance needs of
Denton's small business community. SBDC will focus
on providing indepth, quality assistance to small
businesses in all areas which promote growth,
expansion, innovation, increased productivity and
management improvW"nt. SBDC will promote local
small business interests and will concentrate on
developinq the unique resources of the educational
system, the private sector, and the state and local
governments to provide services to the small business
community which are not available elsewhere. SBDC,
` will work with SBA programs of management assistance
such as the service Corps of Retired Executives
(SCORE), the Motive Corps of Executives (ACt) and
the NTSV Small Business institute and'utilize the
~`Lf expertise of these affiliated resources to provide
, r
tia5;w,:, services.
1.1 PROGRAM OBJECTIVES
The overall objectives of the SBDC program are to
identify and efficiently use federal dollars, State
f' dollars, and those of the academic community, and
private sector tai
1. Strengthen the small business community in the
Denton areal
2. Contribute to the economic growth of Dentonrl
3. Make. more assistance available to Denton
busiresses than is now possible with present
rescurcest
4. Create a broader based delivery system to the
Denton area small business commity.
- .r.,::.rt*w+~rti€~?'; L"Nd=36'wM7a.:n..
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To accomplish these Program objectives, SBDC will ppuurrane
additio$al objectives which include, but axe not lisaited
to, the followings
1. Furnish one-town individual course
businesses! leg for small
2. Provide training designed to immov the skills
and knowledge of existing and prospective small
business owners i
X j S
3. Maintain and distribute current information an
federal, state and local regulations for wall
businesses in conjunction with the center's
programs!
4. Assist in technology transfer frees existing
resources to small busineasoas
4 C
Provide a comprehensive infot.sation source
speoifically designed to inform and strengthens
small businesses; and
G. Serve as a link between small businesses in the
community ands
a. legal associations
y nm`> bo financial and investstznc institution
n~~ •`''w d. Private rionalamalll bussin~ess gand
roups.
1.2 ORGAMIZATION
+N 14.1 The Denton SBDC will be a non-profit Texas
Corporation. The Board will be comprised'of the
followings
1. Chamber Representatives
2. City Representatives
3. NTSU Representatives
4. TWU Representatives
' 5. Business Sector Representatives
any"h 6. Minority business Representatives
From this Board an executive committee will be selected to
overaee day to day operations.
1.2.2 Funding source identification will be high priority
of the board, Rome sources includes
sw
'v., AF' ~7VN : a
r~
~ E
R 1. Donated office space j
j 2. Donated office eTapmea.t
3- Utilize Score members as staff
4. City of Denton CBDQ fu As
S. SBA
6. Private donations
7. Users
1.2.3. STA"
' SBDC Director - will report directly to the executive
board. The Director is primarily responsible .'.or the
' overall administration and leadership of the SADC.
Primary responsibilities includes
°e 1. Managing the budget for the SBOC;
2. Assuring a system for proper and timely reporting
on all activities;
3. Recruiting, supervision, and evaluation of the
members of the center staffs
4. Development and coordination of Denton Small
Business council,
` 5. Planning for future program and direction of the
+r area SBDC.
r ACCOUNT MMCUTM - The SBDC Account Director will be
Ly,x'r' directly responsible to the Central Texas SBDC Director
k`Nr' and will provide performance reports as required.
,
;t,~,, Qualifications include trainimq, public relations
a4. ; + experience preferred; a Bachelor's Degree in as
appropriate field. Primary responsibilities includes
1. Visiting Small Businesses to promote services of
the SBDC, access needs, develop specific training
programs either on-site or at a satellite
Iy; location and act as liaison with businesses;
2. Providing short-term counseling to small
businesses;
3. Placing small businesses in contact with
additional resources of assistance i.e.,
^i£ community college and Unl~ersity courses,
private consultants &M
tan/visual r '
materials;
%
' 4. Servinatas the marketing arm of. the area center,
conrmsniciag irf,:r'mation regarding the services
u s offered by the center.
SECRICTARY - Support the ECOnMid Develo
pment Director.
1 Y 5~
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1.3 SZZV'ZCES OTTZRID
A variety Of resources will be used for the individual
sessions such as private volunteer and pail counselors.
Counseling will be available, depending on the he
resources of the area center, in such areas as:
I- Business start-up information - Acquisition
counseling, loan applications, sources of
financing, types of operating plans, feasibility
studies, market research, government regulation,
pricing decisions#
2. Accounting, recordkeepinq, financial planning=
3. Organisational Planning - Recruiting, job design,
motivatica, monitoring, compensation, time manage.
meat, types of organizational
Computer Hardware and Software - Analysis of need,
rit purchasing of equipment, evaluating software, use
of software;
f4 S. Cost Control - Inventory control, purchasing
gar techniques, cash planning, credit control, cash
' flow aaalysisi
t 9
6. Distribution - Analysis and techniquesi and
7. Planning - Long and short range. analysis of
trends.
d~ I
1I I ~4 11,
'P 'expected training will be provided inrtheefollowin generic that
q generic areas
xti+< a. Small Business planning
+ b. Small Business financing
c. Small Business Market
ingq
d. Small Business Advertislnq and Promotion
e, Small Business Personnel Practices
The SBDC may choose to expand, elaborate, or select among
there categories depending upon the needs of its small
business community, Training will normally be done in the
' forms of seminars, classes, and workshops for which a
registration fee will be charged, Raamples of some of the
' i
?F training topics which might be used are:
1 4.
ry 1* " a, Developing a Business plan
b, The future for Business and industry
' a, Introduction to Microcomputers
d, Introduction to Computers for Managers
2, Ret i s4 lift techniques
r , Cre t a collections
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9: Strategies in Small Business
h. Women in Small Businesses
LO Marketing and Advertising
Direct Nail Marketing in Small Businesses
k. Financing Small Businesses
! 14 Time Management Techniques
m- Customer Relation Techniques
Credit//Non-Credit options (these are examples only)
AO Managing the Probl~us employee
b. Miasoccxaputor Workshop
o. Tax Records for Small Business
d. Financial Planning
as HOW to Develop a Business plan
f. Marksting//Advising
h,. ' Small Business ment
anagement
I.3.2 SPECIAL ASSISTANCE - Special assistance is expected
to be provided is ceverai areas of high riority, These
€ include proieots or r p
veterans, business owners and minorities in business,
export trade.
To address the need for special assistance, the SW will
i sponssors4 series of traiaiaq programs, workshops,
, or special activities which will strengthen the
potential for success among the high priority minority
a groups.
Women and minority grows will be well represented.
Conflict of interest will be avoided ensuring Advisory Council members receive no special assistatha
ncetnor
priority treatment.
The Advisory Council wil
poll and dwelt protvide recommendations on SBDC
program pmeri and provide an on-going
participation with the small business community. There
' will be a minimum of two council mettings during each
twelve month contract period.
Linkages with other delivery sad service agencies will be
encouraged. For example, local Chambers of commeree
economic development organisations or agencies, Smalf
t Business Institutes, etc* will be encouraged to assist the
s mull business centers without duplication of the services
a r already provided.
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DATEt December 3,, 11987
,4 CITY COUNCIL REPORT FORMT
JJJ ~~~Jll
TOE Mayor and Members of the City Council
FROMI Lloyd V. Harrell, City Manager
SUBJECTi McKenna Tower Agreement Between Sammons Communications
and City of Denton
RECOHMOATIONs The staff recommends the approval of the resolution.
SUMMARY1 This agreement allows Sammons Communication to locate a small antenna on
the City's radio tower at McKenna Park. In exchange for the use of the
tower, Sammons agrees to provide audio override on all channels from the
City's Emergency Operations Center, provision of a remote data terminal
r' (RDT), telephone line installation and all recurring costs for the RDT
4s, to provide access to Channel 25 bulletin board for explanation of emer-
BACKGROUNDISency situations.
Sammons has done some preliminary testing at this site and has found that
locating an antenna at McKenna Park will elimieste some of the interfereocs
t
that is presently being experienced on the low band channels - 4,5 and 8:
w + PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDs Offi4e of Emergency Management.
L
1' 1
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iQ4 tIECAL IlSP1►CTe Should be no negative fiscal impact to the City. Positive impact in
the form of equipment and services provided by Sammons,
r..
Respe idly eubmitted* r'
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Ll V. Harrell city Manager
PraWed by i ,
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N ! Julia Moore
+t''rt ?F Titfii Administrative Analyst
s3
~ Approv byi
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f N A141 1 elo
TitU i Director of Community Services
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RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMEN'P BETWEEN THE CITY OF DENTON
AND SAMMONS COMMUN I CATIONS r INC. FOR EMERGENCY COMMUNICATIONS
ASSISTANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES;
" SECTION I. That the Mayor and City secretary are hereby
authorized and directed to execute and attest$ respectively$ an
agreement between the City of Denton and Sammons Communications,
1 Inc. for emergency assistance under the termb. and conditions
being contained in said agreement which is attached hereto and
made a part hereof.
1
SECTION II. That this Resolution shall become effective
vl immediately upon its passage and approval.
t,PASSED AND APPROVED this the 8th day of December, 1987. M
s
1/~~v11, v a rvd.- v,M 1,,
[ / IIiS
RAY STEPHENS, MAYOR
k t ~ ~ v~ 1 4 ae
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r1 _ ; ATTESTi
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110
ENNIFER ALTERS# CITY SECRETARY ?
APpROVEb AS TO LEGAL FORMt
DEBRA ADA81 DRAYOVITCHj CITY ATTORNEY
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2086L
THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON S DENTON 6 SAMMONS COMMUNICATIONS, INC.
This agreement is by and between the City of Denton, herein-
after referred to as "Cityand Sammons Communications, Inc.,
hereinafter referred to as "Sammons", who hereby solemnly agree 1
to the terms and conditions set forth herein: f
SECTION I. PURPOSE
The purpose of this agreement is to provide emergency
communications for the City of Denton in meeting any emergency or
disaster from enemy attack or other causer natural or man-made.
x: This agreement is entered into pursuant to art. 6889-7 of
tt V,T,C,S., commonly referred to as the Disaster Act of 1975. This
agreement recognizes that the prompt, full and effective utili-
i nation of the resources of the respective organizations, the City
and Sammons, is essential to the safety, care and welfare of the
people thereof in the event of a major emergency or disaster.
Rr, `ig?r
The Directors or officers of both parties shall constitute a
j,1Jf committee to formulate plans and take all necessary steps for the
planning shall corporate
implementation of this agreement, Such the use of resources, including personnel and equipment necessary, y`
SECTION II, RESPONSIBILITIES
A. It shall be the duty of each party to formulate emergency
plans and programs for application within the boundaries of each.
~•it" There shall be frequent consultation between the representatives
of the City and Sammons and free exchange of information and
services, In carrying out such emergency services, the parties
,N of the City and Sammons shall► so far as possible, provide and
foliow uniform standards$ practices and rules and regulations
including% ;
114 i r~
(1) Warning and signals or explanation for exercises,
disasters and pending disastrous situations to
the general populatioi&I
(2) information dissemination concerning emergency
management on a routine basis.
~ „
caa r, (3) Selection of equipment and services used or to be
used for emergency purposes to assure that such
'M1 r4 equipment and services will be easily and freely f
.
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interchangeable when used in or by the other
partyI
(4) The conduct of control generators, trustees,
radio operators, City staff and other involved i
personnel and their proper movement or activities
F prior, during and subsequent to exercises,
emergencies or disasters; and
(5) Compliance with governing FCC rules and regula-
tions, which may require periodic monitoring of E
the frequencies involved by the City.
Equipment provided by Sammons must not belong to an indivi-
dual, but must be approved, sponsored and operated by Sammons.
S. Either party requested to render aid shall take such action
as is necessary to provide and make available the resources
y, covered by this agreement in accordance with the terms hereof
provided that it is understood that the party rendering aid may
r,. withhold resources to the extent necessary to provide reasonable
,r Y ? protection for the other. Sammons' emergency communications
~~tr w forces and the city's utilizing forces will continue under the
4 command and control of their regular leaders, but the communica-
tions units or forces will come under the joint operational
control of the parties under this agreement, s°
c, All requests under this agreement shall be made between '
the City and Sammons officials or according to emergency plan :i
activation, when available. This organizational tool will setve
as a channel through which aid will be dispatched.
SECTION III. SERVICES PROVIDED BY SAMMONS
The following services shall be provided by Sammons to the
City, including but not limited to:
+~fi y r i o ~ .u
(1) Audio override on a,l channels from the City's
Emergency Operations Ctnter for emergencies,
(2) use of Channel 25 bulletin board for explanation of
emergency situations and general public education on r"w
e'me'rgency management. =4,-, hxr.,~, (3) Provision of a remote data terminal (RDT), telephone
lines installation and recurring costs/fees, modems,
cables and other items for the RDT to provide:
k v"~' kr+; 'y; (a) bulletin board access
h~
PAGE 2
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(b) removal of weather template/page on Channel 12
during weather watches, if an unused channel is
not available for the Stephen Radar depiction.
(4) Interaction with local amateur radio operators
through the Radio Amateur Civil Emergency Services
(R.A.C.E.S.) and Amateur Radio Emergency Services
(A.R.E.S.).
(5) Provide tower maintenance, to include:
t (a) Visual/on-the-spot maintenance for safety, such
as loose bolts and guide wire a('7ustmentj and
(b) Reporting other items wrong with the antenna to
the Office of Emergency Management.
(5) Provide all necessary and relevant technical advice
and consultation services as its expertise will
permit,
(7) Provide equipment and schedule a
predetermined time, '
on a monthly basis, for the City to conduct a test
of the emergency systems.
• SECTION IV, ASSIGNED AREA
Sammons will be assigned a portion of the tower space of
McKenna Park Tower at 1701 Scripture Street. Sammons shall
maintain the assigned area by keeping it neat and clean and
"Aa`e 5 provide a minimum of one patrol during daytime and one at night,
~tx y, on an irregular basis, for security,
4t J I1 r f y~ ~1 4 ,
N1"1 Y5i SECTION V. CONSIDERATION
~tF,~ Sammons will pay one dollar ($1,00) per year for facility T.
usage in addition to providing all services mentioned herein.
t
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SECTION VI, SERVICES BY CITY
The following detailed services shall be provided by the City r;
to Sammons
dry (1) Allow Sammons utilization of tower space at McKenna'
Park Tower at 1701 Scripture Street, Denton, Texas,
(2) Emergency information as required.
' r PAGE 3
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+
(3) Operation of character generator through a remote
data terminal and that terminal's security,
(4) Discretion in operating character generator access
to Channel 12 pages, bulleting boards, banners and
voice override operations,
(5) Twenty-four hour access to the tower site through
the office Of Emergency Management.
SECTION VII. DISPUTE RESOLUTION
The City's office of Emergency Management has final authority
to resolve tower operations disputes, j;
Radio frequency interference (RFI) disputes will bb resolved
` by involving all parties concerned. The result will
clear retransmission or reception of the Sammons Communicarovide
tions
signal or accessed signal. All possible resources for the p
t solutions will be used to resolve RFI disputes.
SECTION VIII. LIMITATIONS
Limiting factors affecting Sammons' service to the City will
y ;s be based on the severity of the situation and manpower avail-
ability due to catastrophic disasters or survival situations,
i s Limiting factors affecting the City's service to Sammons will
t be based on access to the antenna,
Saw ~ °
Ir`3°gR SECTION IX. LIABILITY
Sammons hereby agrees to indemnify and hold harmless the city
from any and all damages, loss or liability of any kind whatso-
T ;
ever, by reason of injury to property or third persons occasioned
A, I
`c~ fa Y any error, omission or negligent act of Sammons, its officers,
agents, employees, invitees, and other persons for. Whom it is
lagally liable, with regard to the performance of thla Agreement,
and Sammons will, at its cost and expense, defend and protect the A
City agalnst any and all such claims and demands,
adbyF ~r,i'„'E SECTION X, SUPPLEMENTARY AGREEMENTS
Inasmuch as It is probable that the
arran pattern and ei of the
e c, a I gesrients for mutual aid among two (2) or more agencies may
A b` differ from that appropriate among other agencies, this agreement
iii
I ~
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4
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41
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contains elements of a broad base common to all parties, and
nothing herein c)ntained shall preclude any party or agency from
entering into supplementary agreements with other agencies. Such
supplementary agreements may include, but shall not be limited
to, providing communications for evacuation, reception of injured
or other persons, and the exchange of information concerning
medical care, fire, police, public utility, reconnaissance, wel-
fare, transportation and assistance to the City communications
personnel, equipment and supplies for communications,
SECTION XI. SEVERABILITY
This agreement shall be construed to effectuate the purpose
stated in Section I hereof. If any provision of this agreement
is declared unconstitutional, or the applicability thereof to any
persons or circumstances is held invalid, the constitutionality
of the remainder of the agreement and the applicability thereof
to other persons and circumstances shall not be affected thereby.
4 , r. J Y Y~
~plY=SF, SECTION XII. TERM
This agreement shall continue in force and remain binding on
each party for one (1) year from the date of execution and shall
be automatically renewed for successive one (1) year terms for a
~~Ir period of four (4) years, unless such time as either party takes
action to withdraw therefrom. Such action shall not be effective
k~w until thirty (30) days after written notice thereof has been sent
by the party wishing to terminate this agreement. Notices shall
be deemed effective when deposited in the United States mail,
certified, postage prepaid, return receipt requested and shall be
delivered tot
€~',dl+t Sammons Communications, Inc. City of Denton
Y try, 205 Industrial Attn: Lloyd V. Harrell
Denton, Texas 76201 City Manager 4
215 East McKinney
~It.a0 Penton, Texas 76201
4 1J I+ i 111 !r 1
1 " l T Y ,.1. 1
SECTION XIII, DEFAULT
;,RF,cix' Any violation of rules set forth in this agreement by Sammonsf
?SH~,tr i shall necessitate the immediate removal of all Sammons' equipment
.~1, from City property and invoke the provisions of Section XII
hereof and provide thirty (30) days written notice to Sammons of
the City's intent to terminate this Agreement. After thirty (30)
days, the Agreement shall be null and void, The City is entitled
1% > to Oxeroise all remedies available at law,
a
PACE 5
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i
nCTION %1V. NO DUTY IMPOSED
This agreement shall not be construed or deemed to be Any
agreement for the benefit of any third party or parties.
performance undertaken by the city pursuant to this agreement
shall be pursuant to the governmental function of providing
emergency services to the public in general and this agreement
is not meant to and shall not be construed as imposing any
duty, public or private, on any party hereto to provide any
assistancer aid, or care to the other party or to any third
party.
SECTION XV. APPLICABILITY
This agreement shall become effective immediately upon its
approval by the parties hereto and any other party or parties
so satisfying. Duly authenticated copies of this agreement and
w of such supplementary agreements as may be entered into shall,
9:
y at the time of their approval be deposited with each of the
ys~ 1,x.5 parties and other appropriate City, County, State and Federal
agencies.
°S This agreement shall become binding and obligatory when it
shall have been signed by parties to this agreement.
da of r 19...
Executed this Y
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CITY OF DENTONr TEXAS
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BYi RAY STEPHENSr MAYOR 'y
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JL'NN~ IFE XE RSi CITY 8 CRETAR
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APPROVED AS TO FORM t
DEBRA A, DRAYOVITCHr CITY ATTORNEY
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SAMMONS COMMUNICATIONSo INC.
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PRESIDENT
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ATTEST:
F' SECRETARY
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