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HomeMy WebLinkAbout01-19-1988 i w r AGENDA CITY OF DENTON CITY COUNCIL { January 19, 1988 n Work Session of the City of Denton City Council on Tuesday, January 19, 1988 at 5:30 p.m, in the Civil Pefense Room of City Hall at whic~ the following items will be considered: i Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 5:30 P.M. 1. Receive a report regarding the Pallas Drive medi-,n beeitification project, 2. Receive an update regarding the striping schedule of City streets. F 3. Pteseatation of FY 1987 Financial Audit of the City of T,ur,oyt and Management Letter. S. Hold a discussion regarding alternatives regarding the variance process. S. Executive Session: r A. Legal Patters Under Sec. 2(e), Art. 6252-17 ~ V.A.T.S. 1. Discuss uaverick vs, the Cit~of Penton and evtcatio;.. I B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Discuss right-of-way on Woodrow Lane. (Justin State Bank) 2. Discuss law enforcement/court complex. C. Personnel/Board Appointments Under Sec. 2(g), Art 6251-17 V.A.T.S. f Regular Meeting of the City of Denton City Council on Tuesday, January 19, 1988, at 7:00 p.m, in the Council Chambers of Cl*y Hall at which the following items will be considered: y ~ 7:00 p.m. i Resolution: i A. Consider approval of a resolution in appreciation ( of Cecil White. I' i 4 i.. 00 I i ~c i r t City of Denton City Council Agenda January 19, 1988 Page 2 n 1. Consider a request from the Jane Marshall School to hang a banner at Locust and Sycamore from January 25, 1988 to March 7, 1988, 2. Public Hearings A. Consider approval of petition of Joe Jeter requesting the following variances of the City of Denton Subdivision and Land Developmenr Regulations on a 91.1 acre tract located on the east side of FM 2153 and the west side of Zackery Road, approximately 2,600 feet south of Burger Road: Article III, 4.03 (H)(2) - which requires the improvement of a 1099,79 foot section of I~ Zackery Road Article 111, 4.04 - which requires the installation of a sidewalk alonp a 1099.79 foot section of ZaL:.•,y Road, V-42, (The li Plannin and Zoning Commission recommends denial. 3. Variances A. Consider approval of petition of Trinity Baptist Church requesting the following variances of the City of Denton Subdivision and Land Development Regulations for a 12.05 acre tract located at the southeast corner of FM 1171 and Masch Frauch Poad: Article 111, 4.03 (2)(b) - which requires the improvement of a 1260 foot section of Masch Branch Road. ; Article I1I0 4.10 (a) - which requires developers to make adequate provision for storm or floodwater runoff channels or basins. V-39, (The Planninp and Zoninp commission recormends denial.) (TABLFD FROM MEETING OF JANUARY 5, 1988) 4 4. Ordinance A. Consider adoption of an ordinance apnroviny the ` abandonment and vacation of a portion of Grepp ` Avenue in consideration of the dedication and construction of Grace Avenue, as described herein; and declaring an effective date. (Q-67). ~r I City of Denton City Council Agenda January 19, 1988 Page 3 S. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 6.A, 6.8, 6.C). This listinp is provided on the Consent Agenda to allow Co~:ncil Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase orders: 1. Bid #9808 - Police Sedans i 2. Bid #9818 - Auger Drill Hole Digger 3. Bid #9812 - Sherman/Windsor Traffic Signal Conduit j 4. P.O. 082547- M.W. Diesel Generator `J B. Plats and Replats 1. Consider approval of preliminary and final replats of Lots 13A, 1380 14P., 149, 1SA and 1SB9 Flock 10 of the Cooper Landing Addition, Section II. (The Planning and ; Zoning Commission recommends approval.) 2. Consider approval of preliminary and final plats of the Grace Temple Baptist Church Addition, Lot 1, Blocks 1 and 2 (including the replat of Lots S and 6 of the W. N, I !founts Addition). (The Planning and Zoninp Commission recommends approval). 6. Ordinances A. Consider adoption of an W finance acceptinp competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. j i 4 k City of Penton City Council Ajerda January 19, 1988 Pape 4 e-N { B. Consider adoption of an ordinance acceptinp competitive bids and providing for the award of contracts for public works or improvements. i C, Consider adoption of an ordinance providing, for the expenditure of funds or emergency purchases of materials, eouipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. P. Consider adoption of an ordinance abr,ndoning and vacating a 16 foot utility easement located on the Sinpinp Oaks Church of Christ trart At McKinney and Cardinal Streets. (F-6). CThe Public CJtilities Poore and the Planning and Zoning Commission recommend approval), ° e E, Consider adoption of an ordinance and service plan instituting annexation of approyimately 51.3085 acres of land being part of the J. Clayton Survey, Abstract No. 221; J. Lamar f Survey, Abstract No. 754; and V. McBride Survey, Abstract No, 804 (A-S1) (The Plannirg and Zoning Commission recommends approval.) i F. Consider adoption of an ordinance repealing Section 21.13 of Article I of Chapter 21 (Streets and Sidewalks) of the Code of Ordinances of the City of Penton; add inp Sections 21.15 through 21.19 to Article I of Chapter 21 of the Code of Ordinances of the City of Denton, to provide for f building, hntlSP and apartr^ent ru»berinp; providing for a penalty clause; providing for a severability clause; and providing for publication and an effective date, G. Consider adoption of an ordinance approving an interlocal cooperation agreement between the City of Denton and Denton County for health services, and providing for an effective date, V. Consider adoption of ordinance approvinp Amendment No. 1 to an agreement for des ipn L engineering sources between the City of Penton and Black and Veatch; and providing for an effective date, (The Public Utilities POArd recommends approval), i i --T F City of Denton City Council Agenda January 19, 1988 Page 5 7. Pesolutions f A. Consider approval of a resolution creating a lain l Street Committee to formulate and provide recommendations to the City Council regarding the City's participation %n the State Hain Street Program and to make recommendations with respect to the promotion of downtown revitalization; and declaring an effective date. A. Consider approval of a resolution adopting the non-utility Capital Improvement Plan; and declaring, an effective date, E C. Consider approval of a resolution approving an ` agreement between the City of Penton, Texas and } I the Mayhill-Cooper Creek Volunteer Fire Department, Inc. and providing an effective date. D. Consider approval of a resolution reaffirming the designation of Woodrow Lane, Audra, and Nottingham Streets cis secondary major arterial streets and declaring an effective date. 4 E Consider approval of a resolution supporting the z County of Denton's building and renovation programs in the City of Denton. 8. Miscellaneous matters from the City P'anager. A. November budget report. 9. Official Action on Executive Session Items: A. Legal Matters F. Real Estate C. Personnel D. Board Appointments 10. New Business: i This item provides a section for Council Members to suggest items for fukure agendas. 11. Executive Session: A. Legal Matters Oneer Sec. 2(e), Art. 6252-17 V.A.T.S. i k~ kl 4 l 1 s City of Denton City Council Agenda January 199 1988 G Page 6 B. Peal Fstate Under sec. 2(fArt. 6252-17 V.A.T.S. C. Personnel/Board Aprointmen:s Under rec. 2(g Art 6252-17 V.A.T.S. 1 C E R T I F I C A T E i i I I certtfv that the above notice of meeting was rusted on the bulletin o t the C Pall of the City of ire ton, o lock on the day of , 1988 at (a.m.) p.m C V I-A 1. P 2832C f ~ .r k I t 9 J Yy i I k f M1Ia 4', AGENDA CITY OF DENTON CITY COUNCIL .i:nuary 19, 1988 Work Session of the City of Denton City Council oa Tuesday, January 19, 19880 at 5:30 p.m, in the Civil Pefense Room of City Hall at which the following items will he considered: Note: Any item listel on the Agenda for the Work Session may also be considered as pert of the Agenda for the Regular Meeting, 5:30 p.m. 1. Receive a report regarding the Pallas Drive median beautification project, 2. Receive an update regarding the striping schedule of City streets, t 3. Presentation of FY 1987 Financial Audit of the City of Denton and Management Lotter, 4. Hold a discussion regarding alternatives regarding the t variance proces.%. S. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Discuss Maverick vs. the City of Penton and evicati)n, } s B, Real Estate Under Sec. 2(f), Art. 6252.17 V.A.T.S. i 1. Discuss right-of-way on Woodrow Lane. (Justin State Bank) 1, Discuss law enforcement/court complex, i , C, Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. i Regular Meeting of the City of Denton City Council on Tuesday, January 19, 1988, at 7:00 r%.m. In the Council Chambers of City Hall at which the following items will be considered: 7:00 p,m. i a Resolution: A. Consider approval of a resolution in appreciation of Cecil White. f. City of Denton City Council Agenda January 19, 1988 Page 2 1, Consider a request from the Jane Marshall School to hang a banner at Locust and Sycamore ;rom January 25, 1988 to March 7, 1988, 2, Public Hearings s A. Consider approval of petition of Joe Jeter requesting the following variances of the City of Denton Subdivision and Land Development Regulations on a 91,1 acre tract located on the east side of FM 2153 and the west side of Zackery Road, approximately 2,600 feet south of Burger Road: Article 111, 4,03 (H)(2) - which requires the improvement of a 1099,79 foot section of Zackery Road h, Article III, 4,04 - which requires the installation of a sidewalk along a 1099,79 foot section of Zackery Poad. V-42, (The Plannin and Zoning Commission recommends denial,1 3, Variances A. Consider (,proval of petition of Trinity Baptist Church requesting the following variances of the City of Perton Subdivision and Land Pevelopment Regulations for a 12,05 acre tract located at the southeast corner of FM 1173 and Masch Branch Poad: Article 111, 4,03 (2)(b) - which requires the improvement of a 1260 foot section of Masch Branch Road, ii Article III, 4,15 (a) - which requires I developers to make adequate provision for € storm or floodwater runoff channels or i { basins, V-39, (The Planning and Zoning Commission recommends denial,) (TABLRD FPOM MEETING OF JANUARY 5, 1988) 4, Ordinance A. Consider adoption of an ordinance approving the abandonment and vacation of a potition of Grepp Avenue in consideration of the dedication and constr•,,ction of Croce Avenue, as described herein; and declaring an effective date, (Q-67). i I 1 I1 f ~ 1 {F C City of Denton City Council Agenda .ti.:.uary 19, 1988 Page 3 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be Il approved for section of the agenda. Detailed eback-upelInfthe ormattion Ordinance e attached to the ordinances (Agenda items 6,A, 6.B, 6.^.). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: I 1. Bid 09808 - Police Sedans y 2. Bid 09818 - Auger Drill Hole Digger 3. Bid 09812 - Sherman/i'indsor Traffic Signal Conduit 1 4. P.O. 082547- M,W. Diesel Generator B. Plats and Replats 1. Consider approval of preliminary and final replats of Lots 13A, 13B, 14A, 148, ISA and 15D0 Block 1, of the Cooper Landing Addition, Section II. (The Plrnning and Toning Commission recommends approval.) I 2. Consider approval of preliminary and final plats of the Grace Temple Baptist Church ' j Addition, Lot Blocks 1 and 2 (including the replat of ots 5 and 6 of the W. 11. i Mounts Addition). (The Planning and Zoning Commission recommends approval), 6. Ordinances ! A. Consider adoption of an ordinance accepting j competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. ;r i f~ RESOLUTION IN APPRECIATION OF "CECIL WHITE" WHEREAS, Cecil White retired on November 30, 1987 after 32 years of dedicated service to the City of Denton since his e-.ployment commenced on July 1, 1955r and WHEHEAS, during his career with the City, Cecil White has consistently maintained an attitude of cooperation with ant dedication to the stated goals of the Fire Department of the City of Denton; and WHEREAS, Cecil Write has exhibited outstanding expertise, dedicating much time and effort in assisting with the work of the Fire Department and has shown reat spirit in encouraging community involvement in the best interests of the citizens of Dentonj and h WHEREAS, Cecil White al4ays served above and beyond the mere f efficient discharge of his duties and responded to his duties in II a loyal, trustworthy and extremely faithful manner, in a spirit of cooperation with his fellow employees, and in the best interests of the citizens of the community= NOW, THEREFOREF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That the sincere and warm appreciation of the City Council be formally conveyed to Cecil white in a permanent manner by spreading this Resolution upon the official minutes of the City j Council and forwarding to him a true copy hereof. PASSED AND APPROVED this 19th day of January, 1988. r 1 _ RAY STEPHENSr MAYOR f ATTEST: { i JENNIFER WALTERS, CITY SECRETARY 9 APPROVED AS TO LEGAL FORM: 'DEBRA ADAMI DRAYOVITCHJ CITY ATTORNEY I I I r City of Penton City Council Agenda January 19, 1988 Page 4 ~i A. Consider adoption of an ordinance accept'ng competitive bids and providing for the award of contracts for public works er improvements, C. Consider adoption of an ordinance providing for I the expenditure of funds for emergency purchases of materials, equipment, supplies or services in ~I accordance with the provisions of state law exempting such purchases from requirements of competitive bids. P. Consider adoption of an ordinance abandoning and vacating a 16 foot utility easement located on the Singing Oaks Church of Christ tract at McKinney and Cardinal Streets. (F-6). (The Public Utilities Board and the Planning and S Zoning Commission recommend approval). E. Consider adoption of an ordinance and service plan instituting annexation of approkimately ' 51.3085 acres of land being part of the J. Clayton Survey, Abstract No. 221; J. Lamar Survey, Abstract No. 754; and M. McBride Survey, Abstract No, 804 (A-51) (The Planning and Zoning Commission recommends approval.) P. Consider adoption of an ordinance repealing Section 21-13 of Article I of Chapter 21 (Streets and ,Sidewalks) of the Code of Ordinances of the City of Penton; adding Sections 11-15 through 21-19 to Article I of Chapter 21 of the Code of Ordinances of the City of Denton, to provide for building, house and apartment numbering; providing for a penalty clause; providing for a severability clause; and providing for y publication and an effective date. G. Consider adoption of an ordinance approving an interlocal cooperation agreement between the City of Penton and Denton County for health services, and providing for an effective date. H. Consider adoption of ordinance approving Amendment No. 1 to an agreement for design engineering sources between the City of Penton and Black and Veatch; and providing for an effectice date. (The Public Utilities RoarJ recommends approval), i i i i - J 'Y f City of Penton City Council Agenda January 19, 1988 Page 5 7, Resolutions A. Consider approval of a resolution creating a Hain Street Committee to formulate and provide recommendations to the City Council regarding the City's participation in the State Main Street Program and to maki recommendations with respect , to the promotion of downtown revitali:atinn; and declaring an effective date, B. Consider approval of a resolution adopting the r non-utility Capital Improvement Plan; and declaring an effective date. I C. Consider approval of a resolution approving an b agreement between the City of Penton, Texas and the Mayhill-Cooper Creek Volunteer Fire + E Department, Inc. and providing an effective date. { P. Consider approval of a resolutior, reaffirming the designation of Woodrow Lone, Audra, and Nottinpham Streets as secondary major arterial streets and declaring an effective date, E. Consider approval of a resolution c pportinp the County of Penton's building and renovation programs in the City of Denton. 8. Miscellaneous matters from the City Manager. ' s A. November budp,et report, 9, Official Action on Executive Session Items: A. Legal Matters R. Real Estate C. Personnel i D. Board Appointments p 10. New Business: This item provides a section for Council Members to ` suggest items for future agendas. I ;I. Executive Session: A. Legal Natters Under Sec, 2(e), Art. 6252-17 V. A. T.L. i City of Denton City Council Agenda January 19, 1988 Page 6 j B. Real Estate Under Sec. 2(f), Art. 6152-17 i V.A.T.S. C. Personnel/Board Appointments Under Sec. 1(g), Art 6252-17 V.A.T.S. j i C E R T I F I C A T E I certify that the above notice of mecliflg was posted on the bulletin board at the City Hall of •;ie City of Penton, Texas, on the day of 1988 at o'clock { (a.m.) p.m. CITY SPRETAPY s i a f 2832C y 1 { 1 i. j 1 j f J .rr~v i, 'E i i } i i 7H H III if I 4 ~J t: . CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Dallas Drive Median Beautification Project f RECOMMENDATION: The recommendation is to proceed with development of plans to improve the entry islands off I-35E between the interstate and Aio Grande Blvd. SUMMARY: The Parks Division has undertaken a plan to upgrade the traffic medians throughout the City. Priority has been placed on entrances off the interstate and major routes leading into the City. BACKGROUND: i The Dallas Drivo entrance ot: the interstate is a highly traveled access with high visibility. This lciation has been noted for improvement by the Denton Beautification Committee and tha Beautification Task Force. PROGRAMS, DEPARTMENTS OF. GROUPS AFFECTED: Parks Division, Engineering ISCAL IMpA T The State highway department has a landscape development S'r State maintained road right-of ways. This is a 50/50 matching program. Local funding could be developed in a number of ways as in-kind ; services donations and contributions and City funds. ; i i RESPECTFULLY SUBMITTED: N r C y Manager , Prepa ed by ~ L me R bert K. Ticknor Title Superintendent of Parks ppr ads Name Title i l ~n on C~s~e Cent+r/ 321 E. BfcKlnneV/ Denton, TX 78201 ITV of DENTON, TE M E M O R A N D U M Director, Parke and Recreation Tp= Steve Brinkman, Bob Tickner► Superintendent of Parke FROM; DATE: November 25, 1987 SOBJECT: onsDallasmDrivefandE235E islands We have lethatexthehesmallaeturnVelanedsisland matiaWolleisctNursery sh now !ee approximately 1*636asq.ft. in area withe242dlinearefeet Tofe curbndand k. approx gutter needed. We have re-calculated material quantitie. and recent bid quotes. This taediscussi nse withaltheetTexas fHighwa~ysDepartment indiaatelthe possi possibility of ~eadia$ 5a beautification project. With thiscapproache being construc 39,084.50. force account the local share will be aQproximately $ labor in thelaamouunt24Of8 9 0200 will be provided reducing the local share cash out Y $ oneDallaswnrivesexitingloff I35E,estimate for the two median islan a ` 5 $ 6,010 1. Curb and Gutter, 1,202 linear feet @ $ 6,000 s' 2, Drainage improvements 1,900 3. Engineering, plans 2,000 4, Street lighting poles elevated 31000 5, Top soil, 497 cubic yards @ $6 2,890 6, irrigation materials 2,825 7, irrigation contractual (boring, meter) 11,600 8, Plant material ~ V0~ y , ea/,al e,w2i~c~al ~4 vv` e/f GG1~/G42rCu Denton Perna and Recreation I Dlnterh TaXae I ~a~ tsee•t►srv 1 9. Hardscape (patterned concrete) 32,944 10. Force account installation labor 4,000 11. Two year maintenance 1,800 12. Contingency 3,200 Total Project $78,169 As you can see, the patterned concrete is the most expensive part of this project. Project costs could be reduced by eliminating some of the hardscape. However, this will add to the long term maintenance due to replacing this area into turf or plant cover. I recommend that we proceed with this project, possibly using our Engineering Department to prepare plans and specifications, ,-heir labor and materials would also be used as local in-kind matching funds. Please advise as to how we are to proceed. Robert K, Tickner MEMO2121 Pt t F ~ 1~, I f } Yn fr. f ' n t ' n O Klnnoy~ Donlon, TX 78201 ITY of UENTON. TEXAS Civia Conter/ 321 E. Mc M E M O R A N D U M TO. Betty McKean, Executive Director for Municipal Services and u e FROM: Steve Brinkman, Director, Parks and Recreation DATE: December 30, 1987 f SUBJECTS Cost Estimates for Entry Islands on Dallas Drive and I-35E In review of the Dallas Drive median project, we have designed and estimated a plan we feel will meet the goal and recommendation of rat, force. This median, design is similar ~ E►~'+=t the City beautification task to the Lillian Miller design recently tly completed which used patterned ; concrete with a plant bed in the center. We feel this proposal will qualify for a 50/50 grant from the Texas Highway Department landscape improvement fund. Estimated cost of this project is $611285 or a local Share of $33,644.50. Force account labor in the amount of $9,200 will reduce this to a local share cash outlay of $24,444.50. The following is a cost breakout of estimates for the first two .~islands on Dallas exiting off I-35E. 1. Curb and gutter, 11202 linear feet $ 6,010 at $5/ft. 00 2. Drainage improvements 6 6110000 4 3. Engineering street eer lingightiplans poles elevated 2,000 . 5. Top soil, 497 cubic yards at $6/cu.yd. 3,000 21890 6. Irrigation materials 2,825 7. Irrigation contractual (boring, meter) 6,000 8, Plant material 9. Hardecape (patterned concrete) 2771r664 664 10. Force Account installation labor ,,800 11. Two year maintenance 1320 0 12. Contingency $67,289 Denton Parks and Recreation I Denton, 7OXOS / fe f sl eases!! ro , Y 1+ The project cost can be funded as indicated below; Total Project Cost 67 289.00 501 50% Match . Inkind Labor { 9,200.00) i Local Share $24,444.50 } The local share of 50 percent is based upon the highway department allowing all costs to be covered as beautification. it is possible the curb, gutter, and drainage improvements may not qualify, resulting in the City bearing total cost of these items. Local share money could come from the beautification fund or donations from adjacent merchants on either side of this improvement. I feel we could solicit Wolf's Nursery$ Bonanza Restaurant$ Holiday Inn, Guy Laney Mercury, Henry S. Miller, and Township it Homeowners Association for funds. There is a possibility that $5,000 could be i raised, reducing the City'u share to under $200000. Other options include reducing the scope of the project. This could i be accomplished by eliminatf.q the three foot splash panels on each side of the beds. This will reduce $4,000 in patterned concrete but would add back $540 in plant ground corer, netting a $3$500 savings. Other savings could be realized by reducing plant material or patterned concrete and using washed rock or lava rock. These reductions will reduce upfront cosi:s but require more maintenance and create a less appealing appearance. I feel we should proceed with design and presentation to the highway ; department with the first plan. We will more than likely have to negotiate the funding method in any case. We will then work out how the local share will be met. t Please find attached a sheet indicating three financing methods. I vBr n man ee Attachment HEMO2144 4 a 1 ~ I L v. s. NWY 77 Rus/Nfss i RIO sWpf MfPI4# I .i ORNAMENTAL TREE I8o' X 8' LANDSCAPED AREA • DWARF 1 !i YA UPON HOLLY PROJECT LOCATION LUE A'~UO JUNIPER; Ail rE , 7 s' srtASN ovARa t'~ L • OF PATTERNED CONCRETE k i ` SMALL MEDIAN SOUTH PARKS AND OF OF RIO GRANDE MELIAN RECREATION TO BE IN PATTERNED CONCRETE N.E.O. ATrEANEO CONCRETE EXTENDS TO END OF MEI IAN ` ,t i I, i ' LLJLLLI i I t 3 I f 1 I I i I 1 i D CITY of DEWON, rEXAS 215 E. MCKINNEYI DENTON, TEXAS 762011 TELEPHONE (817)5M200 kV40kANDUM DATE: January 13, 1988 T0: Rick Svehla, Deputy City Manager FROM: Jerry Clark, City Lngineer ` SUBJECT: Buttoning/Faint Schedule Traffic I ; The figures below are estimates nF the earliest possible date that work could begin. Weather permitting the schedule should be followed c)osely. If the warm weather is available early, + the schedule could be moved up. We will schedule in the remainder of the work on Lillian Miller and Avenue C on the earliest possible workable days, PROJECT START COMPLETE Eagle US-Ul-88 U3-15-88 j i from Avenue C to Bell t 2, Bell Avenue 03.15-88 G3-18-88 I& F~ Mingo to McKinney i + 3. Malone 03-11-88 03-25-88 `ta University to Scripture 1 4. Fulton U4-U4-88 04-15-88 University to Scripture S. Bolivar 04-18-88 04-22-8& University to Congress 4 6, Congress U5-02-88 05-06.88 Carroll 6 Fulton I 7, Will paint all curbs, loading zones etc at Square 05-09-88 06-06.88 v 8. Paint intersection curbs and r driveways yellow per City ordinance 05-09-88 Ub-3U-88 i throughout City Jerr'yAol aruv U522E R 7 W' M Rt i f rill fill • J t 3 l s I k 4 { i CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 /TELEPHONE (817) SBB-8307 0111C6 ofIhs Gry Mans~rr M E M O R A N D U M TO: Mayor ano Members of the City Council FROM: Jennifer Walters, City Secretary DATE: January 15, 1988 1 SUBJECT: Back-up for Agenda Item #3 - 5:30 p.m. The Finance Department will provide back-up for this item unlei separate cover. I ! k t d Je i r alters I 2727C/2 i s 1 i ! I. ! r t~ L 1t F I • 1 li • y { 1 k I s 1' I C LA I-1-1 L 1 it 11 1 IF PHI 41: =F:P I r ' f tF~ ~ 1'n t t } e ' r 4 11 Pill 11111111111'IFIlOH111114-- FRT v r V a i 1 !i! ~r CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM,. Lloyd V. Harrell, City Manager SUBJECT: Law Enforcement/Court Complex RECOMMENDATION: Receive update. i ' SUMMARY: Negotiations on facility are progressing, and we would like to give Council an update as well as get some direction. BACKGROUND: PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: , i N/A rt I_ FISCAL IMPACT: r; N/A s RESPEC LLY SUB TED } t,loy V. Harrell City Manager Prepared by . Name :Br inkman j I Title Director of Parks and Recreation r TN Title i 1 j{1 1 I r yyy~ 1 1 l / I DTI F=tYr. ` ` ^rr Y ba:' x Y x' i c r j 144444# fill, H, i j ' 7Dd f j o~ CLEAgFR MARSHALL SCHOOL 1eL41 i o AND EVALUATION CENTER rn PA. Box 2861 a Denton, Texas 76202 y Phone (817) 565.1976 VIP, January 13, 1988 I % 1 ~ ~d Sharon K. Morris Director Ms. Jennifer Walters City Secretary 215 East McKinney f Denton, Texas 76201 ! Dear Ms. Walters: The Marshall School will sponsor a Children's Fine Arts Se•:ies in Denton this year. The performances are scheduled at NTSU k; Concert Hall on the following dates: February 14, 1988 s Tears of Joy, Petrouchka Puppets March 6, 1988 : Naomi Nye, Folk Singer t We would like to request a place on the City Council agenda a; 13 to ask permission to place a banner (comparable to the one used for Spring Fling) across from Kibler's and the Texas Dept. of Human Resources buildirc or in the vicinity of the downtown square. Your assistance in helping us publ,cize the b,'ne Arts Series i last year was invaluable. Thank you for any nalp you can give us in erecting this banner egain this year. Sincerely yours, f I ` Sharon K. Morris r ~ ti~f , 1 I F' SKM:nch j 1 l i ` Bard of Directors Vida ANsras, M.D. ~ William T. Atkins ~ 84I Atkinson, D.V.M. a Will Bovell a Dorothy Grant, Ph.D. a Robert Harris • Jackls Havenhal . Nancy Huff , - Devene Hulchlns a Marloris xsels, M.D. • Jane Lea a Hemplon Miller, M.D. a Ronnie PhOlips • Bob Powers a Cindy Rhodes • Donald Wrlghl ` a' a i , WIMP, -q N y 1 l~ i. j } i ,y S a a t i. i i i E 6 DATES U1/li/8b CITY COUNCIL REPORT FCRMAT 110: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUBJECTS Public Hearing for V-42 I R4,COMMENDATION3 The Planning and Zoning commission considered this item at its meeting of December 16, 1987 and voted to recommend denial of the request by a vote of 6-0. SUMMARY: This is a request for the following variances of Subdivision and Land Development Regulations: Article I1I, 4.03 (H)(2) - which requires the improvement of a 1099.19 foot section of 2ackery Road E E) Article Iii, 404 - which requires the installation of a sidewalk along a 1099.79 foot section of 2ackery Road. 1 BACKGROUNDS i The Planning and Zoning Commission recommends denial of these variance requests since all three criteria of the variance ordi- nance have not been met. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: 1 Not applicable. FISCAL IMPACTS There is no impact on the general fund, Reaper ly submitte : Lloy Harrel , City Manager i Prepared bys ~ j av. Al A., t Denise Spi ey Urban Planner Ap++p~~roveds David Ellison Acting Director for Planning and Development t~ r i r C111 COUNCIL AGENDA BACK-UP SUMMARY S:iUl I MEETING DATE: January lb, 1988 SUBJECT: V-42, Petitio% of Joe Jeter requesting the F-Mowing variances of the City of Denton Subdivision and Land Development Regulations on a 91.1 acri tract located on the east side of PM 2153 and the west side of Zackery Road, approximately Z,60U feet south of burger Road: Article III, 4.U3 (h) (2) - which requires I[ the improvement of a 1,099,79 foot section of Zackery Road. j Article ill, 4.U4 - which requires the instal- lation of a sidewalk along a 1,U99.79 foot j section of Zackery Road, SUMMARY: Variations and modifications of the requirements of the Subdivision and Land Develupment Regula- tions are discussed in Article 1, Caapter I11, j which states in part that in no case shall the Planning and Zoning Commission grant modifica- tions unless it finds that all of the following criteria &'e met: 1. Granting of the request would not violate any master plans as defined by Appendix A a Subdivision Regulations of the code. 2. The special or peculiar .ondittons upon which 1 6 request is bi related to the topogrt.phy, shape, or l,ut: unique physical features of the property, which are not ? generally common to uther propert.es. 3. The special or peculiar conditions upon which the request is based did not result from or were not created 5y the Owner's or any prior owner's action or omission. A memorandum from David Salmon, Assistant Cit Engineet, describing the cost and effect of the improvements is attached along with a letter of justification from the petitioner. 4 i V-42 Jrnuary 19, 1988 s Page 2 AC110N REgU1REU: Approval or denial of the variance request RECOMMENDATION: The Planning and Zoning commission considered tnis item at its meeting of December 16, 1987 and voted to recommend denial of V-42 by a vote of 6-0 since all three criteria have not been met. I ATTACHMENTS: 1, Reduced plat 2. Location map 3. Memorandum, 4. Minutes of Planning and Zoning Commission meeting of Uecember lb, 1987 i 1 a. ~ { i ? I 1 i 1 , 28U8g T, t' i~ t q 19S9L - . NO. AN ORDINANCE AMENDING CHAPTER III OF ARTICLE I OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY REVISING THE PROCEDURES, STANDARDS AND REQUIREMENTS FOR RECEIVING A VARIANCE OR MODIFICATION OF THE PROVISIONS OF APPENDIX A; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter III ("Variations") of Article I of Appen x o the Code of Ordinances of the City of Denton, Texas, is amended to read as follows: CHAPTER III. VARIANCES AND MODIFICATIONS A. General. After receiving the recommendation of the Planning and Zoning Commission, the City Council may, where special or peculiar conditions would make s unreasonable or trict compliance with any requirement of this Code i modification of therrequirement raif it findsncthato all of the following have been met: 1. Granting of the request would not violate any master plans as defined by Appendix.~- Subdivision Regulations of the Code; ' i 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other properties. 3. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner's action or omission. B. Conditions. If the Council finds that a variance or modification should be granted in accordance with the provisions stated above, it may impose conditions relating to the modification or variance as will, in its judgment, substantially secure the objectives of the standards or requirements of the Code for which the modification or variance was granted. I 1 I i 6l t C. Procedures. A petition for a variance or modifi- cation of any requirement of this Code shall be submitted in writing, in the manner- specified by the Department, at the time the preliminary plat is filed for consideration with the Commission. The petition shall set forth in detail the grounds for the variance or modification. The Commission's recommendation and the Council's final decision shall be made after public hearings are held, for which the applicant and Thetrecommendation oof the Commission ivand prior rdenotice. cision of the Council granting or denying the petition shall be reduced to writing, stating the reasons therefor. No petition for the same variance or modification shall be resubmitted within twelve months of a prior decision theraon. SECTION 11. That this ordinance shall become effective imme-fl to y upon its passage and approval. PASSED AND APPROVED this the iltbday of `y 1987. ATTEST: j . EZ'IFETA~Y APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY B Y t • ~YY~,~ i i PAGE 2 t 14 ->t---T I. RECOMMENDATION TO C1I'Y COUNCIL V-42 The Planning and zoning Commission held a public hearing on December 16, 1987 t to consider the petition of Joe Jeter requesting a variance of Article III, 4.03 {H112} and 4.04, of Appendix % of hi.%: Code of Ordinances of the City of I Denton, Texas. After consideration and discussion of the following criteria# the Commission recommended denial by a vote of 6-0 at its meeting en December 16, 1987. The f Commission based its recommendation on the following responses to the criteriai 1. Granting of the request would not violate any master plans. e E The city is anaexiny property in this area to ensure water quality along _ the Trinity river course and development is Anticipated in the Lake Ray Roberts area. Granting of this variance would violate the city's master plan for quality development in this area. Ze The special of peculiar conditions upon which the request is based relate to the topography, shape, or other uniqua physical features of the prop- erty, which are not generally common to other propertiest s There are no special conditions relating to the shape, topography or other physical features of the property that are not generally common to other property in the city and the extraterritorial jurisdiction. 3. The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior ovaer's action or omission. The Zackery Road frontage of this property has deteriorated from its original inadequate state due to the truck traffic associated with the construction of this project. Respectfully su it edt 8111 Claiborne, Chairman e , Planning and Zoning Commission i 1 i I I' r" 1 I 1 ' 3. 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IN• rr•rM M.Ix ArrY 11 r_tliw Yl Yrtl " •Mir"Y~rrYl r ~I M Y. rY ~rrlZ .Y ~ "Yw 1 ,.w• x• I.w i4i 1 M I•.y rwY~YYw WY;YI r ~~Y. M. "i -L f~ _ .Y YY •I.n. wlY Y~ Y, •..YU"+r ~nYYrr rr rlwr - }M.~•J 1rl .IY\N wl Yr✓Ir lr.r\.IUw wl rtl Yi11 MAxr :~w•r• ual WaaOYarF,~,' w•r Y.Yw A^•Y.,.„.r-r AYYrwIrrN a/arxle [eau FINAL PLAT r. L.. lti _Mw GREEN VALLEY RANCH a.. w I r r . is .~.'L. Y 91. NS At IN SOLOTS IN THE Ir erl~, r~lr. : r:7 i.:y "1»•. S. WILLIAM SURVEY ABSTRACT NO 322 rlt.nl, .a/ .••S L,. DENTON COUNTY , TEXAS K J= ~ ~ N •"_r 1111 Ix.'K Irl r.xll II N{{ 14 0 1 r:w 11 •a1 IY/YI 1 ..I I_. n.. rw rY n.Y1n •11. r1 iONlf/ / n. n1l r.r.u //I/I 011 I •rr rr N moot o7 f1Y11 //I01 Cl;IYCa 11,1 1987 REVISED 1~ r . • ! i F 1 tia n r>Rr•p .r r r. `r s~ ~ ~ ; : . f • tf ~..a<afil~).~~~, f .tee !1 R' f Aril -Aj i , 'It' ;`1, ,a 1: ' •'ifeT : .+r'u •VR Uy' 1 r t lii L1 a1', r~t ~•:11>RS is w~ r 49 21 }Bia*e* 1 ` mil R.j •L~,., f' . :~~~~pp . I~ l , Willem Rd •j _ a~: i r i"". • • i _ Ad i, • ''b4.t1•,' eLZa1.tS,~ •.1r~ if ( • \ ' ` t • •y ' E • e wl u•., un.tn M Of Re .x u,f loolia old T~'V Alder . ! • R~ r` k 44 i ~44tiF ti ' VtRtlner/t RI CjjrrtIrr • I • !J`V, • ' f ..1 i 1 Ce•14,t R at I: Clrlhll' •RI t!• I` 1 ~ vtr~i z nlGe • I _ • i 1 • • z w re••ttl n + f r 7 y n 1~ t •1 tj'rrri • j .1 >t:3K Vies== ~ Vr 42 11 RI 1 i rlsi'R1o • \ Jrt rl •AI - anti fir AI .r w f, °~r ! r. r,4 Si rr• 1 RI • , r , tN~'Ay 1 . • ri 5 461' y1..♦ ! r:i.nrria q='aa- . Alri! ts•}. / tyy s eta rR1~~rlRSwrtt~•i al •'~.~•a~~ti;~• LLm,uf' ' 1 ~i ' ' S■~ ••1 1 , ' i I r n i •~rert • has '•r• r•. . I .Nl1rA • f AUBRllY tfill l •t 'N AI ~ J 0617 C•r R1 • •.a~`= • = r t ch :6 7 /I I AYZ•. ti I) 'V~t t MUI • . r K RVXLE - ' • <i a., I • . • + r i to Jµ Intl i ,f k coryOfWNTON, rg"S 215E.McK1NNEY/DENTON,TEXAS 782011TELEPHONE (817)5888200 MEMORANDUM DATE: Decemter 10, 1987 TO: Planning & Zoning Commission FROM: David Salmon, Civil Engineer SUBJECT: V-42, Perimeter Paving and Sidewalk Variances for Green Valley Ranch Addition The variance requests have been reviewed using the three 1 conditions outlined in the Subdivision and Land Development Regulations. Our analysis as listed below indicates that the development of this property does not meet all three conditions y necessary for the variances to be granted. 1. Although, Zackery Road is outside the boundaries of the current City of Denton thoroughfare plan, it is policy to designate all existing county roads that are not shown to be arterials on the Denton County Thoroughfare Plan as ' collector streets. This is also proposed to be part of the City's new thoroughfare plan. The City of Denton has no master plan at this time that addresses sidewalk;. 2. The subject property is relatively flat In nature and is rectangular in shape. There appears to be no unique physical features that would make installation of a street or sidewalk difficult. The currently approved plans for the street and sidewalk show that little excavation or grade change would be necessary to build them. It should also be noted that the proposed street would be an estate section with no curb and gutter which would be consistent with the type of road at either end of the proposed paving so there would be no trouble tieing them in. I page 2 of 2 pages 3. As there are no special or peculiar physical conditions to i take into account, condition three does not apply. However, although the existing road was in poor condition to start- with, traffic causel by construction vehicles and machinery have almost completely destroyed the road surface in front of this property on Zachery Road. This is a condition caused by the owner if the condition of 2achery Road is considered as an unusual or peculiar physical condition. At most, only 1 of the 3 conditions are satisfied for the perimeter paving variance, and 2 of the 3 conditions are satisfied for the sidewalk variance. a av a mon 0513E 1i I . 4 , ~ i j 1 I ~t 1 r ' r k' Burke Engineering p.o. box 606 1 Benton, texas 76202-0606 JESUS 817-566-3714 Is LORD Brian Burke, P.E. consulting civil engineer 30 Oct 1987 Ms. Elizabeth Evans Planning Administrator City of Denton, Texas Re: Perimeter Street Paving Green Valley Ranch Estates Dear Elizabeth: Mr. Joe Jeter, the Owner and developer of the Green Valley residential subdivi- sion, has asked me to provide information pertaining to his request for a vari- ance of the perimeter street paving requirement that would necessitate repaving Zackery Road along thn east boundary of his property. Accordingly, I have pre- i pared the following responses to the eight variance conditions listed in Chap- ter III of the Denton Subdivision Regulations: (1) To my knowledge there is not a City master plan that includes this site. Therefore, the 'modified proposal' would not violate such a plan. (2) I estimate the Zackery Road frontage and end transitions would cost about $69,300 to repave. I suggest this is a hardship. It equals almost $1,400 per lot, and I think it is very reasonable to anticipate that the vast majority of traffic from the subdivision will utilize F'M 2153 instead of Zackery Road. (3) Granting the variance would not prevent the orderly subdivision of other land in the area. Zackery Road extends for 2,300' north of the property to another county road and more than a mile south of the property to FM 428. I do not see circumstances under which granting this variance would prevent, or even interfere with, the orderly development of other land use in the area. (4) I suggest the Planning Zoning Commission and/or the City Council is the proper entity to decide whether 'the modification accomplishes the spirit and intent of the standard'. continued - .S 1 4 ~ S ~+I A ~I 30 Oct 1987 Ms. Evans, page Y - (5) Perimeter street paving as a standard is common to other properties in the City. However, it is key to this situation that; A. Green Valley is not in the City, B. the expense involved is not consistent with the benefit to be real- ized. Perimeter street paving in the City serves a much greater f traffic volume than will be the case at Green Valley, and C it can be argued that in most cases within the shorter for the opposite side of the street to be paved asia result eof development then is realistic to expect within the E.T.J. By the time perimeter street paving is provided along the east aide of Zackery Road the portion he is asked to construct may need to be completely replaced. (6) As stated previously. I estimate the Zackery Rd. repaving cost to be about $69,300. This seems to be a significant expense. (7) Obviously, Joe is not asking to repave Zackery Rd. I am satisfied that it can be utilized in the present condition as secondary and emergency ` I access to serve Green Valley. Therefore, I cle.ssify the repaving require- ment to be in the nature of a physical hardship as opposed to a matter of 1 convenience. (8) I do not see that the 'hardship' has resulted from actions on Joe's part. It is possible he could have sidestepped this situation by simply avoiding title acquisition to a strip of land along Zackery Rd. However, I realize he does not take such actions, nor do I recommend them. It is my opinion that the future residents are better served by the secondary and emergency j access from Zackery Rd. I hope this information helpful and invite any questions or comments you may have. Respectfully, Brian Burke , i~ C} r~ l i e 8 2 Minutes December 16, 1987 Page 4 1. No utility service line may extend across the prnperty line of any lot other than the lot being served. 2, khen a private road will serve more tnan one lot, the developer shall submit to the Commission for approval a written and binding declar4tion, to be approved with the detailed plan, establishing an owners' association i or similar legal entity which will have: a• the legal authority to maintain and exercise control over the road; and b. the power to compel contributions from owners ` within the development to cover their proportion- ate shares of the cost associated with maintenance of the road. 3. No portion of a parking lot which is used for the circulation of traffic entering, exiting, or traveling through a parking lot shall be called a private street which is designated as the access to a parking lot or lot, i. Seconded by Mr, kamman. Ms. Brock stated that the Commission should be cautious about the precedent that would be set by this case. She said that she was concerned about the other phases in that an emergency may arise and for the some reasons an amend- ment would be approved. She added this should be consid- ered before the Commission votes. Mr. Claiborne stated that he shared concerns and thinks stipulation of staff is more or less to create a cul-de- sac type access for future lots and this alleviates some concerns. ne added that he felt the developer would have to rethink this development. Vote was called and motion unanimously carried (6-U). i B. x42. Petition of Joe Jeter requesting the following rirTances of the City of Denton Subdivision and Land Development Re uIations on a 41.1 acre tract located on the east $I a of FM 2153 and the west side of Zackery Road, approximately 2,6UU feet south of Burger Road. Article 111, 4.U3 (h)(2) - which requires the improvement of a 1999.79 foot section of 2ackery Road. Article 111, 4.V4 - w:,ich requires the Installation of a sidewalk along a 1099.79 foot section of 2ackery Road. STAFF RtPURl: Ms. Spivey stated that the requirements of t He u v Sion and Land Development Regulations as out- lined in Article 1, Chapter ill, state In part that in no use shall the Planning and Zoning Commission grant vari- ances unless it tfhds that ■11 of the following criteria are met: 1. Granting of the request would not violate any master plaps as defined by Appendix A - Subdivision Regulations of the Code. 2. Th. special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, whicn are not generally common to other properties. 3. The special or peculiar conditions upon which the request is based did not result from or were not created by the Owner's or any prior owner's action or omission. .i 3'. x.v: i i~ P A 2 Minutes Lecember 16, 1987 Page S Ms. Spivey stated that although 2achery Road is outside the boundaries of the current City of Denton thoroughfare plan, it is a policy of the city to designate all existing county roads not shown on the benton County Thoroughfare Plan as collector streets. 'ihe City of Denton has no mas- ter plan at this time that addresses sidewalks In this case. The subject property is relatively flat in nature ahd is rectangular in shape. 'there appears to be no unique physical features that would make installation of a street or sidewalk difficult. The currently a for the street and sidewalk show that little pexcavation5or grade change would be necessary to build the Impravetents. The proposed street would be an estate section with no curb and gutter which would be consistent with the type of road in the subdivision. As there are no special or peculiar physical conditions to take into account, condition three does not apply, hdweVer, although the existing road was in poor condition to start with, traffic caused by con- struction 4 vehicles h e destroyed the road surface In front vof almost t prcoaletl opertyeon it 2achery Road. She added at most, only one out of three j conditions are satisfied for the perimeter paving vari- ance, and two out of three conditions are satisfied for the sidewalk variance. She said that Elbert hughes re- requirementsrinnconjunction withsa platp0niwsldand catoRoad which was denied by the Commission and Council. An annex.tion is currently in progress to extend the city limit in the area in order to protect water quality. Mr. Claiborne asked about the streets in the subdivision. Ms. Spivey stated that the streets inside the subdivision will a built to city specifications. Mr. Claiborne asked about sidewalks within the subdivision. Ms. Spivey stated that there will be no sidewalks within the subdivision. Mr. Claiborne asked if the streets would be estate t roads. Ms. Spivey said yes. type PE7lIlORER: Joe Jeter, owner, stated trial when he started t e pro ect It was outside the city's extraterritorial Jurisdiction (EIJ), he said that there is no master plan for this area from the city. he said that the property is not in a situation where it would create a hardship to provide the improvements, he said that the hardship comes thishroaduwouldgbeothe primary spI cations. ecif h of s3id that if subdivi- sion he would not have come before the city with this request. he said that it is not practical to improve a road that nobody uses. he said that this property will not interfere with any other property because to the east and south is the river bottom. he said that there is ■ tract to the rorth that could be improved but the owner would have to be improve Burger and 2achery Road before developing, he said that in order to annex an provide 3errIces the City would have to purchase the Bod livar hater System, he added that Ms, hopkins had informed him that the City Council did not have to enforce the Subdivision Regulations. Mr. Claiborne asked if the county had made improvements to 2achery Road. Mr. Jetet stated that a couple of pitches have been done, Ms. Brock asked if he would be selling house and lot. Mr. Jeter said yes. Ms. Brock asked about cost. Mr. Jeter sold that the lots are 1.1 to 2.5 acres and the value of the lot depends on this variance hecause improvements will add approximately $1,1uo to each lot. I.r. Claiborne asked about sewer service, Mr. Jeter said that septic tanks are approved for the property. I h' 1 l Y i 1 t~ P 6 Z Minutes December lu, 190 Page 6 IN FA4DR: None present. UFPOSLD: None present. RhC0L4LNDAItON: Ms. Spivey stated that the variance does not u y sa sfy the three criteria listed and staff recommends denial. Mr. Kamman asked if the road has to be Improved even though there is no access to the road. Ms. Spivey stated that the perimeter street paving requirements apply to 1 property having frontage on a road. ` E Ms. Brock asked atout the comment of this property not be- tS[ ing annexed without the purchase of Bolivar hater Supply. AT. Morris stated trat the city would not have to purchase the bolivar water Supply System to annex the property. Ms. Brock asked If the subdivision regulations have to be enforced. AT, Morris stated that as an administrative matter the city manager could tell particular people not to enforce regulations or require then to submit plats but { there is no legal distinction between obligation and en- forcing regulations of the EIJ or city. Ms. Brock asked about the comment made by the City Council. Mr. Morris stated that the proper procedure would br to repeal the ordinance but currently the regulations, legally, must be applied In the City and Eli equally. i Ms. Brock asked about the estimates of cost. Mr. Cla-6 said that they were fairly reasonable due to the lccation of the property. Mr. ulasscock stated that his concern was with the fact that the property was starting development before it was in the ETJ. he asked when this area became a part of the E7J. Ms. Carson said In January I9bb. REBUTTAL: Mr. Jeter said that the information about not annexing the property without purchasing the bolivar hater Supply System was given to him by the Bolivar hater Supply System. Chair declared the public hearing closed. DECISION: Ms. Xiker stated that she felt if the Commission went by the guidelines then the Commission has no choice how to vote because the regulations are clearcut regardless of how the Commission feels personally, r Mr. Claiborne stated that out of three criteria only number three might apply. ' Ms. Brock stated that the Hughes variance was denied not for from this area and this area will Inevitably develop Ik because of the lake. F Mr. Glasscock stated that this area will develop fairly soon because it is not too far from the dam. Mr. Claiborne moved to recommend denial of V-12. Seconded by Ms. Kiker and motion unanimously carried (6-U). Mr. Holt arrived at the meeting. p C. PRELIMINARt AND FINAL ALFLAIS OF lhk 601UEN 1RIANLLE 01 -r LL AMILUN, Lots , 0c k STAFF REPORT: Ms. Spivey stated that this 7.1 acre tract i 1 t i y i i I { t{tI t I x I i `I l r { r7; g i r I1 f i ,i x.19. DATE: 01/19/8B CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: v-39 - Petition of Trinity Baptist Church for variances of Subdivision and Land Development Regulations i RECOMMENDATION: The Planning and zoning Commission considered this item at its meeting of December 2, 1987 and voted to recommend denial of V-39 by a vote of 5-U. SUMMARY: This is a request for a variance of Article III, 4.U3 (2)(h)(b) which requires the improvement of a 11260 foot section of Masch Branch Road and Article III, 4.15(a) which requires developers to make adequate provision for storm or floodwater runoff channels or basins. The varianr:es requested pertain to a 12.05 acre tract located at the southeast corner of FM 1173 and Masch Branch Road. BACKGROUND: The petitioners plan to build a church on a 2.4 acre section of the property. The replat was required because the church purchased a portion of a lot in an existing subdivision (Little Brook Estates). The Planning and Zoning Commission denied the variance since it did not meet all three criteria listed in toe ordinance. l' PROGRAMS, DEPARTMENTS OR GROUP) AFFECTED. T c.^ Not applicable j FISCAL IMPACT: j There is no impact on the general fund. Respe ly su mit Lloyd . Harrell Prepared by: City Manager Denise S v Urban Planner Appwed: David Ellison Acting Director for Planning and Development 1 i1 f ~ ~r E S I DENTON, TEXAS 76201 C11 Y of DENTON MbkURANDUM i Date: January 14, 1988 To. Mayor and city Council f From: David Ellison, Acting Director for Planning and Development V-39 - Petition of Trinity Baptist Church requesting subject: ttt variances of the City of llenton Subdivision and Land 4 Development Regulations 1 II At its meeting of January 5, 1988, the City Council tabled Y-39 in order to consider further information. City Council has the follow- ns for handling the variance: 8 oPdo in r 1 1. DENY THE YARIANCb kEQUEST. the owners or developers (church) for th ired by the S - woul3 have to rnstal t e improvements requrrOW or tnotgfeasible givencthe size of the de, f sionovements. DAvbondmisnelations or es impr velopment. These improvements are 1,260 feet of an estate type road section (24 feet ter, oavement with no curb and g gut The Planning Commission cation i Council may approv instead of the required concrete channel. This site within to fullhrequirementstevenrif revisedasubdivia still subject sion regulations drafted by staff are approved by the Planning 9 r and Zoning Commission and City Council in the near future. 2. APPROVE ALL ASPECTS OF THE VAKIANCE REQUEST. No public mprovements wou d e requ red: Approval would provide relief to the church but would be con- traditory to the the philosophy associated with lthat properrty should pay y property rather than the costs being absorbed by taxpayers. As 7 noted earlier, this property is located within one half tulle of the existing city limits, and Masch Branch Road isshoarteriahe city and county thoroughfare plans as a pririary major l. These factors make annexation and development of this area a virchabranchaRoad southmof U.S. highwayf380ris inhtheoFivenYear May Capital Improvements Plan (1491-92) for upgrade to a two lane major arterial. Masch Branch Road north of U,S. Highway 380 is not abutsntheenorthern portionmoftMaschnBrancheRoadrjh property r 1 P' 1 f~ f I Memorandum to City Cu,iucil January 14, 1988 t Page 2 I 3. DbNY THE VARIANCE AND RLyUIRE IMYRUVLMENTS JNLY FUR THE FIVE Af:RE CYURU PRUPER'l'1rANU NW-UR 1FJ_F 1CFM_V.i1N(i SEVEN~~AZTt~S OF 17U1--27- UF~ i-LT'i"1 LT 8 ftUZKU s'1' -M--A b1M 0 Ti Ts- o p t l o nk- a"s me a vantage o imposing soeve oper funded public improve- ments while granting some relief to the church by not requiring them to make improvements to property they do not currently own. j An additionp.1 ironic and relevant fact is that outright denial of tho variance could rorce the church to purchase the additional seven acres; and, if they owned the entire 12 acres, the city could not require any improvements. there are two disadvantages to this option. Une deals with the question of who should pay for off site improvements when re- platting occurs. The practice of imposing all required and needed improvements to the owners seeking the permit or replat has been in effect since staff was informed by the Office of the City Attorney that this is a legal and advisable approach. If the church is not made responsible for improvements to the adjoining seven acres, there is no way to insure that a future develuper will make them once the replat is approved. CIP funds would likely have to be used. the other disadvantage is the preceder.t that would be set. Other indiviluals have and will face this same problem of having to provide for improvements to property other than theirs when replatting. GE1 1HE REQUIRED IMPRUVE~tEN1'S 4. llENY THE VARIANCE AND ATTEMPT 1U FROM E S CSR OF 7~i~E URUER- 1~~ State aw spec es that tFte seTie{Ts tee n ca y responsible for the replatting of property and the costs associated with that procedure. However, since the purchaser is the one who desires the building permit, he or she is held responsible for the improvements. While it may seem more equitA.ble to pursue this alternative, the city would be faced wit.; this procedure on other similar and frequently occur- ing cases. A memorandum from the City Attorney explores this question further. The Planning and Zoning Commission recommended denial of the variance since the three criteria were not satisfied, but they did feel that an earthen channel would be acceptable and did not object to deferral of the required improvements through a oond or escrow. Iiav son ab Attachment 1 i w P 1959E NO. AN ORDINANCE AMENDING CHAPTER III OF ARTICLE I OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY REVISING THE PROCEDURES, STANDARDS AND REQUIREMENTS FOR RECEIVING A VARIANCE OR MODIFICATION OF THE PROVISIONS OF APPENDIX A; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Chapter III ("Variations") of Article I of Appen x o the Code of Ordinances of the City of Denton, Texas, is amended to read as follows: CHAPTER III. VARIANCES AND MODIFICATIONS • A, General. After receiving the recommendation of the { Planning and Zoning Commission, the City Council may, where special or peculiar conditions would make strict compliance with any requirement of this Code unreasv~able or impractical, grant a variance to or modification of the requirement if it finds that all of the following have been met: i. Granting of the request would not violate any master plans as defined by Appendix.k - Subdivision Regulations of the Code; 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other properties. 3. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner's action or omission. ` B. Conditions. If the Council finds that a variance or modification should be granted in accordance with ` the provisions stated above, it may impose conditions relating to the modification or variance as will, in its judgment, substantially secure the objectives of the standards or requirements of the Code for which 4 the modification or variance was granted. I 1 i g~ C, Procedures. A petition for a variance or modifi- cation of any requirement of this Code shall be submitted in writing, in the manner specified by the Department, at the time the preliminary plat is filed for consideration with the Commission. The petition shall set forth in detail the grounds for the variance or modification, The Commission's recommendation and the Council's final decision shall be made after public hearings are held, for which the applicant and s, abutting property owner's shall be given prior notice. { The recommendation of the Commission and the decision of the Council granting or denying the petition shall be reduced to writing, stating the reasons therefor. No petition for the same variance or modification shall be resubmitted within twelve mont'ts of a prior derision thereon, SECTION II, That this ordinance shall become effective 1mme bie y upon its passage and approval, I PASSED AND APPROVED this the day of 1987, n R71Y E ; MAYOR ATTEST: wu= ETAK7 i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. PAGE 2 OPINION NO. 86.08 July 2, 1986 Page Six the subdivisions is provided for in accordance with the City's ordinance. If the applicant purchased a portion o! an existing lot by metes and bounds description, he has no legitimate reason to complain of the City's requirement that the property be properly replatted k and the improvements be made for the subdivided lots as a condi. { tion to development, where his predecessor in title failed to 1 properly subdivide the property and make the necessary improve- if ments. The "resubdivision" of the lot resulting from the pur- chase of a portion of the lot by a metes and bounds description was a "nullity", in so much as it was intended to create a building lot, By seeking approval of the resubdivislon of an existing lot, the applicant becomes subject to the requirements of its City's ordinance which applies to all subdivisions. I SUMMARY A person seeking to plat a portion of a recorded lot in an approved subdivision, must submit a replat showing the entire lot to be resubdiaided. The applicant would be required to make the necessary public improvements applicable to a subdivision as specified in Appendix A of the Code of Ordinances. Respectfully submitted, JDM:jw xc: Lloyd V. Harrell, City Manager ✓Jeff Meyer, Director, Planning/Community Development i } V-39 RECOMMENDATION TO CITY COUNCIL a 3 The Planning and Zoning Commission held a public hearing on December 2, 1987 to consider the petition of Trinity Baptist Church requesting a variance of Article III, 4.03 (2)(b) 6 4.15 (a) of Appendix A of the Code of Ordinances of the City of Denton, Texas. s After consideration and discussion of the following criteria, the Commission l recommended denial by a vote of 5-0 at its meeting on December 2, 1987 The Commission based its recommendation on the following responses to the criteria: t 1. Granting of the request would not violate any master plans. The master plan specifically states requirements foz drainage improvements and Masch Branch Road is shown on thoroughfare plan f. ! 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique phys;,cal features of the prop- erty, which are not generally common to other iropertiesf Drainage problems city a a re for street improvements The site is located in close U imi ice, P0 1'M 1173. r~ 3. The special or peculiar conditions upon which the request to based did not result from or were not created by the owner's or any prior owner's action or omission. Property was purchased by metes and bounds from a prewfously platted lot approved by the county. Respectfully submitted: Bill Claiborne, Chairman ' Planning end Zoning Commission I i r X51 9 R i A i f I" 100'" i w~■, rkw~.r.v ; i Y qy" ~c un i' . ' vlewrr lur V.RN,T10. ~ i ~ I • I i V ASH 1 „Ut■d I k iA p~ M' .d" ~ i M M y \ l~ PRELMNARY REPLAT OF LOT 1 , BLOCK A T,.,,. TRINITY BAPT]ST CHURCH k ADDITION i 1'•.~ two W or It L.Itn ►6 Nil[ COUNTY Or DC"T01,T[% { yL M R}1, 011:4 CINWA ' TRINITY BAPTIST CHURCH WP4 ,y PIN. BURKE MINEERNO M CON9ULTk10 gVll ENOINE[A ' ' ~ MMOM,Tl1W 1101 WtM V- 39 7 ,r i1 f i I. r, r I CITY of DENTON DENTON, rexAi veto, I 1 l h~6h,U1tANLUM Date: November 45, 1987 To: Planning and Zoning Lommission From: Denise Spivey, Urban Planner Subject: V-39, Variance of drainage requirements and a771 toot section of Mascn Branch Road r t The Planning and Zoning Commission denied the above referenced request on August 12, 1987. This item was tabled by the City Council on September 13, 1987 pending the adoption of new variance regulations, The City Council adopted the new variance ordinance on November 17 and subsequently (on November 24) referred this matter back to the Planning and Zoning Commission for consideration under the new ordinance. The Development Review Committee recommends denial of the request since all three of the new criteria have not been met. Copies of l ` engineering memorandums, Planning and Zoning Commission minutes, f City Council minutes, and the new ordinance are attached. s Derllses v y y ab Attachments I i i i ` r f k f CITY Of DENTON DENTON, TURN ?@so, M8MORANDUM t t E I DATE: August 7, 1987 T0: Planning and Zoning Commission FROM: David Salmon, Civil Engineer i SUBJECT: Y-39 PERIMETER STR99T PAYING AND DRAINAGE IMPROv&mgNT3 (TRIHIT! BAPTIST CHURCH) YARIANCB f The variance request has been reviewed using the eight conditions outlined in the subdivision and Land Development Regulations. Our analysis as listed below Indicates that the development of this property does not meet all eight conditions necessary for a variance to be granted. 1. The modifications proposed would not conform to the City of Denton Master Plan. Masch Branch Road is designated a primary ma County Thoroughfare Plan and on the new proposed jor arterial on the City of - far* Plan. Although this property is located outside theDCitynofhDenton's current Master Drainage plan, It is a policy of the City only to leave channels associated with major floodways In their natural state. The channel on this property is not desl noted ad a fl 01. FgMA is subjeit to Improvements in the form of a concreted channel. Yartances of the pe~,tmeter street paving or drainage improvements would not conform to the City of Denton Mastor plan, 2. Literal enforcement of the provision may or may not be an extreme hardship for the development of this property. This tract is approximately seven acres and has approximately 1,200 feet of frontage on Masch Branch Road. The property to being proposed for church use. it is not known at this time how such drainage improvements for this property will cost. 3. Granting a variance of the perimeter street paving would prevent orderly developsent of the area as this particular section of Masch Branch Road intersects with FM 1173 which is the proposed location of Loop 288 In this area. A variance of drainage improvements would prevent orderly subdivi- $ion of property upstream as the eststtm channel Is not sufficient to handle upstream development. i Y A r Planning and Zoning „~Xsmission August 7, 1987 Page 2 Ths intent of the psrimeter street paving ordinance is to provide for improved roads in the area adjacent to the subdivision to offset the increase in traffic movements due to the development. The intent of the drainage ordinance is to provide adequate drainage through the property to protect it from flooding as the drainage basin is developed. A welver of these standards does not accomplish the spirit of the ordinance. I S. Unimproved roads and channels aN common in and around Denton. Perimeter street paving and drainage improvements are always required when property with these unimproved structures are platted. 6. The cost of perimeter street paving and drainage improvements may or may i not be cost prohibitive for the development of this seven acre parcel for church use. i 7. There are no physical features on this property that would hamper perimeter street paring. Installing the drainage improvements would include a great deal of excavation and fill work, but these would be no mayor obstacle. 8. The decision to develop this property at this time for this particular use is the developer's own choice. At most, only two of the conditions are met for the paving variance and three for the drainage variance. Sincerely, j David almon i u 1957a F? P 6 2 Minutes December 2, 1987 P+ge 6 Ms. Brock stated that she would be unable to justify in writing any reason to vote for the varlancet with the current ordinance. She moved to :!commend dental of v-37. Mr. Morris stated that any reasons for approval or dental could be made at the time of the motion. J M'. Brock added that V-37 does not meet criteria 2 and 5. i m.tlon dies for lack of second. Mr. Holt moved to rtcomcend approval of V-37 and that all criteria have been met. He said that the master plan is not specific in this area. he said in at the topography and physical features are unique in that this property is a great distance from the city, is rural ranch land, and is not common to majority mf areas of Denton. He said that there has been nothing done by the owner to create U! 3 situation. Seconded by Mr. Glasscock. Ms. Brock stated that she would like to have .11 three criteria clarified In a study session. vote was called and motion carried t4.1). Ms. Brock voted no. C. -ly. Petition of Trinity Baptist Church requesting the v ;03 wing variances of the City of Denton Subdivision and Land Development Regulations for a 12,05 sere tract located at the southeast corner of FM 1173 and fwsch Branch Koad: Article 111, 4.03 (2)(b) - which requires the improvement of a 1260 foot section of Masch Branch Road. i Article fit, 4,15 (a) - which requires developers to make adequate provision for storm or floodwater runoff than- 11613 or basins. Three notices were mailed to adjacent property owners; one rcpply form was received in favor, one reply form was re- ceived in opposition. E trade Lilley asked when construction of Masch Branch Road would be done. Mr. Claiborne stated that there are no construction plans at this time. F S1AFF REPORT: Ms. Spivey stated that the Planning and August 1laa1w87, This item the above otabled referenced by the city request on September 13, 1987 pending the adoption of the new var- iance regulations. The City Council adopted the new vari- ance ordinance on November 17 and subsequently on hovember 24 referred this ratter back to the Planning and Zoning Commission for consideration under the new ordinance. This request does not Beet the followins criteria listed in the new ordinance: l) Granting of the request would not violate any master plans as defined by Appendix A Subdivision Regulations of the Code; 2) the special or peculiar conditions upon which the request is based re- late to the topography, shape, or other unique physical features of the property, which are not generally common to other properties; 3) The special or pecullar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's ac- tton or omission. { P 6 2 Minutes December 2, lv87 Page 7 YBTIT[UNER Chu!- c1R: ade i=gey. Pastor of Trinity Baptist year ago, he said at toeptlmeaofd this Property over a f Purchase t e aware that this property would ohay that the church would be a to be replatted were or question as well ■s 1mp responsible for the property in owned by the church, roveaents on lion t at phroperty that is not s ■re to be responsible i f or h th elr eir three reCO■menda- olfslte developments on other pp pp acre tract and no r ties, to aow channelJration as designed by 9urkerEneerlngand iie the rthen easement be dedicate d to t ngl he City of Denton, and a variance ' ea granted for being given b Y perimeter street paving with right-of-way the hurch for Masch h , i rove ranch koyd, he said by the ,me I that road if he i c mpd by the church, would be torn up schedu2. for t aneexa~bonrebuilt. he said that this is not the cost is unreat , for removed from utilities, and Attorney states tha hie, He said a letter from the City tract (11,1 acres) theichthe c urch hwowdeuresage the whole the improvement uld not b s, IN tTst James Hopper, member and trustee of Trlnlty Beet?si Church read a letter from Don hill, County Commissioner, I n which he said that he did not want to Imply Y ore cJ enltspsubdlvlslon regulations rbut a het feltnecessity t cal to ere 7 On our citizens ityrofmthenrulesh■nowtheahardshiJdth■tiii n! th the practt- to the responsibllir Said that state law is notgcleerac pp pp which has been previously+dividedsDy the fellertg Jleofppert y Perimeter paving of Masch Branch Road was not practical since n e or there are no plans for annexation of the n thn future, he sold that has pro th Branch Road leera y i master Plan for recon_structlon 1n ehe n hi s extpptwo Years and ■ t con hfsrltuatfohaduedta hiiemalntenance difficultl Ica eal in Lydia L111ey, member of TrJnlt that half o[ the cost of requjryedEaft'st lstated Rp Property not owned by the church, She said that by the till t Will hey pay for the church, 1■nd and impr chur ovements it Ch. ost them a quarter of a million dollars' ollars for a small krs. Ulmen, member of Trinity Baptist Church, stated that she supports the variance, Bob n, 2U17 North Locust, stated that he supports the Bob variance. Linda she HaDPs in f Moor member of Trinity Baptist Church, stated that avor of Y•3s. OPPOSED; hone present. RECOMMENDATION. Hs ,ere Spi s vey stated tl.■t to the best of Dia ■ s now n that 13 no sets a edgse th ide apecil o roadsyaC_P Program or Roster reconstruct o koad wilt bedreconstructed in theteexiebe ZlIntained a: Development Review Committee recomaends two Years. . s Branch ` Year The dental. ref RECUMMfNDATIGh: Mr. "111,y stated that the eepresen a H ve o e an owners on the north and south, Dwvld Fulton, is !n favor of the variance. Chair declared the public hearing closed, i t `r P 6 2 Minutes December 2, 1997 Page 0 I'ECLS1UN: kr. Claiborne stated that tae City of Denton has FaTits share of drainage problems and that quality regulations have been enacted to solve those problems. He said that funds have been allocated to fix areas whcie subdivision tegulations were not enforced and that the City regulations requ.re improvements so that adjacent and downstrcan property owners will not be affected. he said that the Planning and Zoning Commission agreed to an ear- then channel at the prevfcus meeting. He said that he does see a need for Improvement to Masch Branch Road be- cause of l,s close proximity to the farm to market road but deferral would be in order. he added that according to the new regulations the Planning and Zoning Commission I could not recommend deferral. he moved to recommend denial of Y-39 and added that there are no unique characteristics that are not generally to other properties. Seconded by f,s. Brock. Mr. Holt asked Mr. Morris to respond to Mr. Lilley's statement that no improvements would be required If the church purchased additional property and why ofisitu im- provements ire required. Mr. Morris stated that If the property remained in the configuration of the existing ` platted lot as shown In the cunty records the property uauld not be subdivided and the Subdivision Regulations ' could not be imposed by the city. He continued by adding that offsite improvements are required because the prop" erty is being replotted. In those instances when a plat ted lot Is resubdivlded, the owner is responsible for dividing the property and making improve menu or the urchaser if the property was sold by metes and bounds. Unless the city requires all improvements for the crlgi- nal platted lot when a replat is submitted there is no way that the city could require improvements to the other re- platted lots. After lot is replotted, the city could not require improvements on the replotted lot. 1,Y,U was called and motion unanimously carried (5-01. D. V-41. Petition of briercroft Savings Assoclati . request- Tn -a variance of Article 111, 4.04, of the City of Denton Su~divSslon and Land Development Regulations for a 3.4 acre tract located or the northwest corner of North Locust St. (fk 2164) and Evers Parkway, The property is further de- scribed as a tract in the 8.9.0. 1 CR.R. Company Survey, Abstract No, lab. Article 4.U4 requires that developers install sidewalks on one -ide of all thoroughfares and collector streets adjoining a subdivision. Six notices were nailed to adjacent property owners; no reply forms were received in favor or oppusitirn, HI RFPORt: Ms. Spivey stated that the Plannin4 and sin ng omm anion denied this request for a variance oil Uctober 21, 1917. Tno petitioner has requested that this item be appealed to the City rouncil. The item was not scneduI d for Council action due to the pendin` new var- iance ordinance which was adopted by the City Council on !'ovember 17, 1917. Therefore, v•41 was rescheduled for Planning and Zoning Commission action under the new ord- inance. This request does not meet the following criteria listed In the new ordir.ancet 1) Gr+ntin of the request would not violator any sister plans as defined by Appendix A - Subdivision Kegnlations of the Code; 2) The special or ppeculiar conditions upon which the request is based relate io the topography, shapb, or other un que physical fcatures of the property, which are rot generally common to othet properties; 3) The special or peculiar ctnditions upon v it 1 f L. ,I i f { 1 E f r i i 'j i t i 11111illill via 1611 JIMAIIJEW-W 4} DATE: U1/19/66 1 CITY COUNCIL REPORT FORMAT !t! TOt mayor and Members of the City Council 3 FROM: Lloyd V. Harrell, City Manager I SUBJECT: Adoption of an Ordinance Abanooning Gregg Street RECOMMENDAZ'IONi The Planning and zoning (.o:lmiss(on considered this item at its meeting of April 22, 1987 and voted to recommend denial of the abandonment request by a vote of 4-3. This recommendation was made prior to the City Council and the church negotiating the dedication and construction of a new street in exchange for abandonment of existing Gregg Street. At its meeting of June 1b, 19870 the City Council directed staff to prepare documents to abandon Gregg Street. SUMFARY: Grace Temple Baptist church owna property on both sides of the i existing Gregg Street and wishes to incorporate Gregg Street into - t their future development plans. Additional parking and future 1a church development are proposed on this site. t BACKGROUND: ~ a I The proposed abandonment of Gregg street between Ponder and i Fulton streets is contingent upon the construction and acceptance of another street (Grace Avenue) further north on the church's property, the construction of the new utreet along with the dedi- cated right-of-way is equal to or greater then the fair market value of the portion of Gregg Street to be abandoned. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: 2 Not applicable. i t FISCAL IMPACTS There is no impact on the general fund, i R~spe ly eub~nltt d U'/ Lloyd IV, Harrell city manager 5 Prepared bys Denise Spivey' Urban Planner Approver !!rG{81 •AAOQ~ ~L David Ellison Acting Director for Planning and Development r' i N ' 2158L NO. AN ORDINANCE APPROVING THE ABANDONMENT AND VACATION OF A PORTION OF GREGG AVENUE IN CONSIDERATION OF THE DEDICATION AND CONSTRUC- TION OF GRACE AVENUE, AS DESCRIBED HEREIN= AND DECLARING AN 1 EFFECTIVE DATE. WHEREAS, Gregg Avenue is a public street within the City of Denton, Texas, a portion of which abuts the property owned by Grace Temple Baptist Church (the 'Church")l and WHEREAS, the Church has requested abandonment of that portion of Gregg Avenue located and extending from Ponder street to Fulton Street, to be used for purposes of redevelopments and I WHEREAS, the City council has agreed to the requested abandon- { mQnt in consideration of the Church dedicating and constructing a ned street north of that portion of Gregg Avenue to be abandoned and 1 WHEREAS, in accordance with the proviaions of Section 272.001 of the Local Government Code, the City Council has determined that the construction of the new street, along with the dedicated right-of-way, is equal to or greater than the fair market value of that portion of Gregg Avenue to be abandoned] NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the portion of Gregg Avenue located and extending rom Fulton Street to Ponder Street shall be abandoned and vacated as a public street, and by operation of law the City of Denton's property interest in the street shall revert to the abutting property owner, whether -)ne or more, and the City of Denton shall have no further claim to the use of that portion of Gregg Avenuef provided, however, that the abandonment and vacation of that portion of Gregg Avenue described herein shall not be effective unless and until Grace Avenue, as shown in Exhibit "A", attached hereto and incorporated herein by reference, is constructed, dedicated, and completed in accordance with City E specifications, such co.apletion and dedication to be evidenced by ` written acceptance by the City Engineer. ! SECTION III That this ordinance shall become effective 111 immediately upon its passage and approval. J F 1 1 f N r I I t r PASSED AND APPROVED this the day of , 1988. RAY STEPHENS, MAYOR E ATTEST: t JENNIFER WALTERS, CITY SECRETARY F APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r BY: ~Y~~ ✓~-wti 14 I 4 i ; i f ~ } 4 ~I i. r will, I I N I i A Irlri \ 3 N Dom, 7 r aJ r ri • yr trl•'~,r.l. . rtrrw O ,.,LOT 14BiK ? 7 7 we •y .{SEE ~DETSSL to ror, a 1.72' I Nr a•r GRACE RCE earl AM i,• ~ • u.Sr•.f• wllle p GRACE AVE . r,.a II ,oar ~ 1 . 8 46. Nn. Ire e ! i I L 1 ~ n N 1 A l... . i 1t7.m.r., .e,. ■ , pie, n at LINE INTERSECTION 1 N 69't~P PoD.lwliel.ee' i °il% y?k rrRL..1 .a DETAIL a 1ln. he d n~l~~r r~}•y~ [ , nlr• i p 1/ h ~j Z 1 1'6"_ ii N'N. 7p17~ 9-42-t It 111r4AI1"rrA 9-00 ~ p Y ~ rYr 1/r rIR IM 1. RlY •~i r; ~l it i . It it ti r~cr' EQ 7 1r i ' f' wct nr~n lyilC.. i a w.naD wi a in"rs I F IW.1~4411 I $ 1`~~M R liM nl R I•. ✓'K p y r M OVMIC rlLa IM 1[110 Y • 11 ~ X114 p N D • Witt, l"/ar~ ItM/Lr O loall he Pig, al"A it IIII[ . IA!ur w PNq 7' 'e• ~ GREGG { " ' 1 I 'y 1 r AVENUE M 66 ABANDONED A7. PER ORDINANCE Iq N. i I - toT lBtx ~ r to? 0 IDID t M.H. If D V A 7 7! It D D l r l D N p VOL.^ P1.711 D.R. AA' ; PIP r P 1:} lDC A 110N ur b 1 .•ro S69'S2' 21111 311.I0' M A P .pa T AR w Alt ~re[L 111111 LE1 ENGINEERING CORPORATION eA4rrlr~r'I • 64ANYAW lMVI/rNG ` /IP e N2 IIn hn alm 84I4 t/IY4 Will NJn IIP . let 1/1' Peer i NlR •Yf 1111 410 PIP 0" i ADII • TIO Nre N' I1MIL PL17•AVLAI d lD7 1 11. A. w. NDJNI! 100177 b1 A• .1011 tine 0 M N E R •6• • 111CV1e time RACE TEMPLE BAPTIST CHURCH ADDITION •I• rlunarD tine GRAPE TEMPLE BAPTIST CHURCH EDT I/6LOCRN I AND 2 ■ Mf NNne11 KINt A IDTAL V 4.9" Pats ' re M • eNrr Pell 1106 welt DAN STREET to ht EuDt~[ NGV,LNKt MKr, u1TAxT DcD LP • Light Pell DENTON, 1EIA6 76201 t Ir r! v r" u, .a rra • IIH N,arl SuLL OAT[ JW N0. tmlr tine ..117-361.61]7 DRAnrI.-NL r w+e.l s'• DD' n u CIED,-.AI_ 29 NOV IF 860623.[ I r I I { i 1 0• I~ 29 10 I n ♦d' I I II t S I f i 1 5 4 yl + I I: A.- L i I/ IT f IS R li a! 131 , L • (i4I 3 4 µ f I 23 If fit -W ( tt T-- IS i 3 n , - - - - - I it1 _-~71I 1 I al I w p 44 1 14 1.T"~ I 1 tt IT M I li • Cis) 21 JJJ K r 11 If i 1 : I s f 9 13 f Y r ~1~ t i 1~ 2 F11 0 2 1 1 1 20 a it III Ila 'r 2 rl ; ,n PI I C r M I q n rl ` Ir • l y j 1 ! 7 1 1 I I 2 r S f2 1 I al 1 7 f 1 ! N I. is 12 0 100 1' 1 1 1 7 1 • 1 y sl 17 Is 0 14 1l s 12 II 0 9 1 I I i ' I ~ ' q MI T" M r rr I r ! to J ! 1 S 1j t e1 S V14 S ; / 7 2 1 r I .2 t 'I S r~ , y = 1 ! 71 e 1 Ilf ! y l1 -.2 1 . 22 a III--- . - 191 k ! n --~I !"it, 1 1' ` r 14 `2 13 112 111.20 • t 11 11 '1H H p! 111 17 ; 'b 11 ~''f IS k 1! r ac 1 . r r ~ r to w. . a ~ If to , I, ! IS.I 13 1 r. 20 1 rL H cr wl 11 141 r H I! •I 21 ! 1 • t/ • f ! 1 I 1 I 11 10 41 f 17 ielwaiucmutuLjfAu Lit] W; I .l I 1 f ~f I~ Minutes Planning and Zoning Commission April 22, 1987 The regular m;eting uE the Planning and Zoniny Commission of the city of Uenton, Texas was held on Appril 22, 1987, at 5100 p.m., in the rouncil chamber of the Municipal BuS1Jing. Present: Euline Brock, Bill Claiborne, Rubyy Cole, R. 8. Escue, Jr-, Ivan Glasscock, Judd Holt and Nllllam kamman Absent: None I Staff Present; David Ellison, senior Planner; UcnSse SpYvcy, Urban Planner; Cecile Carson, 'Urban Planner; Elizabeth Evans, Seri Community Development Managers Lloyd Harrell, City Slane John McGrane, Executive Director for Finance; Joe Morris, Assistant City Attorney; David Ham, Director of Water/kW utilities; Jerry Clark, City Engineerl Paul Iwuchukwu, Transportation Engineer; Ross Litman, Emergency Management Administrator; David Salmon, Civil Engineerl Chris Smith, Adminstrative Assistant; Vincent Gaines, Adminstratlve Assistant; and Susan Mitchell, Secretary Chairman Bill Claiborne celled the meeting to order. ` 1. MINUTLS `s I A. It was moved by Mr, Glasscock, seconded by Ms. Brock and motion unanimously carried (7.0) to approve the minutes i of the Joint meeting of the Public Utilities Board and the Planning +nd Zoning Commissiun of April 1, 1987. B. It ws moved by Ms. Cole seconded by Ms. Brock and motion unanimously carried (7.0S to approve the minutes of the regular meeting of the %inning and Zoning tAmmtasEon of April 8, 1987, II. CONSENT AGENDA: It was moved by Mr.. Escue, seconded by s. o e an motion unanimously carried (7.0) to approve the consent agenda as follows: ; A. Approval of preliminary and final plats of the Avant Addition, Lot 1, block A. I B. Approval of final plat of the Grace Temple Baptist Church Addition, Lot 1, Block 1. ` 111. CONSIDERATIONS A.O.87. Reuest of Grace Temle Baptist Church reet abandon; cated men and quitclaim of that portion of Gregg St between Ponder and Fulton streets. Mr. Escue made the motion to remove Q•67 from the table. { Seconded by Ms, Brock and motion unanimously carried (7.0). STAFF REPORT: Mr. Clark stated that the Grate Temple Baptist has plans tIn expand to build acrosstthested in obtaining ng Gregg Street street. He said that the en ineering staff has analyzed k nts and SO% o~ the traffic Is church use. ; the traffic <ou He said that Gregg Street is being used as a shortcut to ; ` get to Fulton street from Welch Street, He added that 1 this some movement would be available if Gregg Street were IL closed. He said that the route would be simply to take Ponder to Congress directly to Fulton. He said that the Citizens Traffic Safety Commission recommended approval. He said that the Utility Department has a sewer Iine and It would become private because it is for the chutch use. The iserequesildgrthattthey be moved atnthe lchurch3ereet 4 4 t 1 4 P 6 2 Minutes April 22, 1997 Page 2 expense and the church has agreed to the movement. He added that fire lanes are being requested by the i'lre Department. Mr. Holt asked If there had been a study done on how many students live on Ponder Street. Mr. Clark said no but that thure are a number of North Texas State University students living on Ponder Street. Mr. Htlt asked if these people r were notified. Mr. Clark said u.e agenda was published in the paper but no individual notices were Given. Mr. Holt stated that the idea of abandoning GregBg Street bothered hIm because there are a lot of people in this area that use Greggg Street. Mr. Clark stated that the right of travel Is not being taken away, f Mr. komman stated that he felt the abandonment would create C problems. PETITIONER: Roger Hollar, pastor of the Grace Temple Baptist stated that renters and students use their parking lot for free parking while attendlnQ school or via- ltlnQ. He said that eventually thls area will be cleared of the houses on their property and activity buildings and parking areas will be built for church use. j IN FAVOR: Greg Edwards, member of the Grace Temple Baptist 76-r-S; ststed that the primary function of Gregg Street as a residential street is no Ion or needed and that the clos- ing of the street will be a safety aspect for the church. OPPOSED: Mike Cochran 609 West Oak Street, stated that Fe'u'-sed this street qu~te a bit to get across town and to his home and would not like it to be closed. He sold that he understood their position and if Oak Street was a two- way street he would not mind if they closed Gregg Street. DECISION: Ms. Brack stated that there are pros and cons an both sides but that she felt there would be a serious traffic concern in this area if the street was closed. She said that this Is not in the spirit of preserving clrculm- tlon. She added that she was concerned about setting a precedent. Mr. Molt stated that he felt the shortcuts in the city were very important and that he was very concerned about the circulation and neighborhood Ii the street was closed. I Mr. Kammon stated that with the street, people would use I the parking lots as a shortcut which could prove hazardous. f Ms. Brock moved to recommend dental of Q-67. Seconded by Ms. Cole and motion carried (1.3). Mr. Claiborne, Mr. Escue, and Mr. Glasscock voted no. B. REQUEST FOR SANITARY SEWER SERVICE outside Denton city m is or us eft corporation ore's Country Store located on 1.35). STAFF REPORTi Mr. Hat stated that the Muskett Corporation as su mined a letter requesting permission to tie onto the city of Denton sewn a system duo to an inoperative septic tank and drain f e1d system. He stated that the j bulk of this property lies outside of the Denton City Lim- Its with the exception of a strip along the frontage of 1.35. He said that the Muskett Corporation proposes to install a lift station and construct a forced main from love's Country store on 1.35 to the City of Denton lift station at Highway 77 and 1-3s, a distance of about two miles. He added that the Muskett Corporation is to assume the full burden of the costs. He sold thrt the Public r t" i -Lila -Lila Vj~ yy j f 1 lI 1 r- JEI d 6 1 i 5 TT-M F i fl= } of .J ~ DATE U1/19/88 CITY COUNCIL REPORT FORMAT i TOS Mayor and members of the City Council i FROMI Lloyd V. Harrell, City Manager SUBJECTt Approval of the Preliminary/Final Replats of Lots 13A, 138, 14A, 14BO 15A and 158, Block 11 of Cooper Landiog, Section 11. RECOMMENDATION: t ? The Planning and Zoning commission considered this item aL its meeting of January 131 1968 and voted to recommend approval by ! a vote of 6-0. f, ' r1 t SUMMARYt f ~ F k BACKGROUNDS I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACTS s t Reepe lly Bgbmi S Lloy Harrell city manager Prepared byt f i" Denise S ive+y f Urban Planner Approve4: David Ellison Acting Director for Planning and Development s, p~ f K Y. 1 Y t Ar r M1 44 y'~`i .,~j/ IIi CITY COUNCIL AGhNUA BACK UP SUMMARY- bllhEl } MEETING DATEA January 19, 19bb SUBJhcl: Preliminary and Final Replats of Lots 13A, ` 136, 14A, 14B, 15A and 15B, block 1, of Cooper Landing, Section 11 SUMMARY: this 0,576 acre tract is located at the north- east corner of hindsor Drive and Cedar Hill Stre-t. The tract is more fully described as being in the B.B.B.6 C Railroad Company Survey, Abstract No. 186. The property is zoned PD-72 f and residential development is anticipated. City services and facilities, including water, ± gas, sanitary sewer, telephone, electrical, and solid waste, are available. This replat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. E ACTION RLgU1RhU: Approval of the preliminary and final replats s RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of January 13, 1988 and voted to recommend approval of the preliminary and final replats by a vote of b-U. AITACNMENTS: Reduced replats i i k i i rf r~7 I I + 11+1,1 1' If 10' 00' 100' Y `iI U \.r r , II,,ry i 11/pX 11 Iclu ' I• II 11[r 1 ~Lr,l' ~~.1 1 IIIIY41 YIIII INI+dI 1 Y1. r N \IH ILII YIY, 1 I Il • IY \I YI IIYI YkIWf1 MO • • hl' Y•LI.1 Inl+rl ` II If41 I C1111119 1111 \ ~ J 10' .Jn I. . , ~ Y 1 r III u' If 1e111' •a•n'«'1 HI C / f Sip Ll ~ R { I II . c Ir/s.r Nl.rl .4•«'r. 1.11. ~q. i , uL I' 1 11' • M 11' 1 f ~ J\~ t ~ ~ l I All I Jla Rout Rmpl o~~~,~ t~ 1•Y YY / ,,1 r r 1. TM TuIIY YI UI e,A., 1. r mYlr Ir In, 11 Wait 1Ir IN, 999!!!""" e I Nn«tl/ 1114 11 NIL reW. 6a w M it 1 .A`~• 101 I Il~ / ~D ay1. 4wo, twtlllW. +`u M IM «H fn I L ISO ill f.rj Y 0\v.II1,•1 1. r1 :rad re Y 4Ntrl L,"" nY 0, IIY IN 1 HNYIH IN II rut Y 1" 11 III (y Illflr. haiLY ' tw m rL~ ` IA 10.1 111 17 ! IYw wu. If W rlrlNue1111N, I. It W 1•, v j IN,IrY{t N 71 M. Ir n«YL M. 11 I«1 IIO' WI L I I. I in LI }f 4Ne1y pt f441,M Ir1Yfl MyYIf «L111'1«•Y Mw Y« 1 11 «IId I. tti I4y w.RNry un, Yf"LA br Y 1.1!« 4 W 141« d 61, L I /``j / f u11 yu rylrl SaL 11 1 NI I P mX:11'140141 trn IN II tl rNY « 4 plY. nll nIL! NI.17 11 flip 1 IIYI 1. 1 /1 M 1 Ury rrr1N • 4r If IW If W Wrllr~t •S~R«jINW Wr w / rf 1 l ' / 1, i1iLYSi / NuY N ra In N r ql YW.4 Iri, NY 111q. 'I f IHI« 111f1,y J. 11Nr N 1' «IW, 41YWI plant r clip it t g I1YNlIY 41Y4 I L(. ' 1 11• Ll I ■ 10. hfr~~a.elr II «N UN,;q,4 M III«r« m IYLwp ,W .1 14 r I II, ~.Y I: Oft 1 - 8 f~11.T«~ Il.r tlN NMIrL«. if W a Wrlm mlrN.Url«N. r ` I + HL 1. ' 111 irn+rt41f1N NIY M 1n 144 lip lYla 0r111Y1. M 11. !ll 4141111 Lll•I rrly N MM lANN M 1«L I. N . j t 1A L 11'TSR- Iyy • _ 1 Pua` IYI`dLYUMI RfNlLlwl V +Ilfi~rrlm«eNUr ~ 11 1.lI 3 . lu.ppl pp I. of to D, ..-14R- ^ i.._. PRELM7~M1AY REPLAT t i - _ to LOTS IBA' 8; 1511 BLOC K I 1I, l.n••o'so-- pop. COOPER LANDING t WINDSOR RIVE. .SECTION TWO CITY 'OX. DENTIN Y4' DENTON COUNTY TE%A9 Y WE _ I . COlIY 1, 1 l1,1 Cll1t,l 1' y 7F~d 1L 1 III ~.~~~-.~~.~!'~1Z~'T~Sir 11`L. .t y ~~l .I• A ~'~i~0~i 0iT!/~1.~.•Y~4 L Alto. 4..,y'1, ~f1' L 1 x I REVISED REVIk-]U,D ~rrr~yrnDECl11987 t a," Cp T" law" O/ DOROI . • t r t0' 100• !1.' 1F rillecf felt E1tlUirrmR N lti .wx 11 7v wt ewt«. 1.uL « W WEE= a=: i axy'i w i:.°'T,°.u ~a w°qua~:L:t:Lin°iir:•:e iv i u:i 1 .I d. u11 I «N11 1-1L 11wY 1 d a mu. fa«.. 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IN Now.. 911W t. l 00 \ / • •.11 liw'. A « 0.0 (w) P N M •1 W NrY+rl 6111 «W r1 li. fr IY III.1V •s IYM• 1«.M 1 \ x01 IA L!. •.1 to Vw NrU." Cure «w" N~N1W NKtI \ / Tlb'tfens 11 A..1x•%um of P W In rn a L R. mots l .00 \ / is :+1 I" .M d, btL Itw of wN 01 ,44.44 LwL u N Irw 041LY• It ~C l / Ivl a RrtA.M Orvr .f t. 4ll In 1" " W M Ifi J Ilwf 1 « 0 Wt.Itwo .L. W, Mr11p W118 W11.1 roots"4kM1 / lit. ILO .r W ry1 n« lwrd« . / G Tmr,7 f..N b •I.W' N..NI If M..1. yn .It11V /aL 11.. d W 1Y It \ 101 IPA / al all tw,l to n- '°t11ni I 111 W Nn a t1i x" KaY l « ,L / Y• /xtlx V I L. «iL1,Y Iwt n N DON i.f U W F~wa hxM 00`0 ,''It « 1.11114 w W! M«1Y TW j 1 ~l \ \ /X✓ I\ 11 l III f itW h.U 01 Alex 11 N4meN p LeaJI W IKIHYIp1 ..aWq «U r" I ~1} 1 ♦ Nu I fLH •.f O.LI !xl b J. 1ULT 4 1y 1aY•G /JA°'wiI ,00 \ ! 1• •'-isf rrn It NN ' 000 It 11 1 n 1>7, jototu to Its lmr IT TA6t (motor I 1! 1 - / ft? NOW N" KIraV,el) 1 L 6.44 . Me 1.1 Irtj.YY W Nr.lr 4.rAN1 x•wlf 111, «bx }ryL ..f r / l1 1 41 H f4 Ir 011 f1I, .I wk,k. f.nt Tow No is 1,.n1{ ~~1 f 4 LM ' n 1,1111 .n 1. 111-11 W «xn 11L•t^•,'a'.f.y "NtN r.w.fup wM Ina., At Lt • as'Kic. L f!•If 1 aloe \ /t't. otrrr'. .Nz~ . xl P $ IT All IN ms s b0t1 r1 Yh, low , IN uMrAlrn! Alw1 N11u N . 1w Nod 11111 t W{ 1.1 11 G I Laf -MR ' I L.t n Niu tiaw 1ww INtL.r..N LI w wr.a ,w x°°°°kR.d 1w 1W w p°r Nnlmt°~°' ~ i.I LNnt~'...W.I00 I°i i ~fl w Nor I, IN•«I Ott Nf .441 11 d f: I k !1 oil" ma In NM 10 MI. a Dom M, 11f 01 tl - Nds y J Nta) hm. I. 1411.11 .1 T.rv • ~ L~r{ x1 it ~~-I-• fibrNdr brlrrl • 1 -04 t1 TT Y' oil, "i°1f010,_ LOTS 13R a ISR , OLO C K I of COOPER LANDING 1 uo.lo' f.os SEOTION TWO } WINDSOR DRIVE, 0-NO 1wOk1 CITY OF DENTON Woo 'I"'urtlN"^.."' ` DENTON COUNT 1.* Y iEIIAS , M l I1,Lw l -4 °iuiI~° M• Lr.Y .,..IM1 , rfi'.. • . r . . I r I I 1 r r I M M Y,}±. ~ k Y. Iwr w YY •I.ww.~'••i ~wL~w Ci~it'i.::w'•~~w •'w° 1, n . rata L.•..r COL IY I" 0 1{1001✓1111 t 1 n r 1 tYOVl T1 I n I I , f. 0, s o% t o g ' .tiTid[Lttr. rt"- na•---~ « n DENT ON ltflf 1`1101 ' w•inl IrHf 11 17.11. •fllf _r t 1 I ! i 1 i I 1 t 1 i E s 't ~r C r E a i t W -14 i i I ~h DUE: 0]/19/88 i CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council j ~ FROM: Lloyd V. Harrell, City Manager ' SUBJECT: Approval of the Preliminary and Final Plats of the Grace Temple Baptist Church Addition, Lot 1, Blocks 1 and 2 (including the replat of Lots 5 and 6 of the W. H. Mounts Addition). RECOMMENDATIONS i The Planning and Zoning commission considered this item at its meeting of January 13, 1988 and voted to recommend approval by a vote of 6-0. 1 SUMMARY: BACKGROUND: " I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: E j FISCAL IMPACTS i Respe ully e~bmi d: Lloy&VVo Harrell City Manager Prepared by: Denise Spi e Urban Planner A roved: David Eilison } Acting Director for i} Planning and Development S i ; s 1 4 r C111 COUNCIL AGENDA BACK UP SUMM RY SHEET j MEETING D.TE: January 19, 1988 SUBJECT: Preliminary and Final Plats of the Grace lemple baptist Church Addition, Lot I, Blocks I and 2 (including the replat of Lots 5 and 6 of the h. H. bounts Addition) SUMMARY: this 4.59 acre tract is located between Ponder E and Fulton streets. the tract is more fully described as being in the Eugene Puchalski Survey, Abstract No. 996. The property is zoned 1-k (two family). Development of addi- tional parking and church facilities are pro- posed for the site. j City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid wastt, are available. j Lot 1, Block 29 does not meet the minimum depth requirement of IUO feet, however, lot does meet the 6,000 square foot area requirement and the Planning and Zoning Commission granted approval of the lot. the plat conforms to all other minimum requirements of the Denton Subdivision I and Land Development Regulations, Existing Gregg Street between Ponder and Fulton streets will be abandoned by separate ordinance. The abandonment is subject to the construction and acceptance of another street (Grace Avenue) ! to be constructed by the church. i A M ON REQUIRED: Approval of the preliminary and final plats (including the replat of Lots 5 and 6 of the N. H. Mounts Addition) RE.,UMMENDATION: the Planning and Zoning Commission considered the preliminary and final plats of the Grace lemple baptist Church Addition, Lot 1, Blocks 1 t of Lots 5 and 6 of and 2, (including the repla the N. H, Mounts Addition) at its meeting of January 13, 1988 and voted to recommend approval tr a vote of 6-0. ATIACHMhNTS: Reduced plats i e 4 &NMI r 1 I' 1 r REYOK USES 1 r 1 Iwr p i~~'4 yi.r.R 0.100 ACRES TOTAL , 0.117 ACRES IN LDUC[ DfO. L.4NN.w 0.101 ACRES PEi LET ~ K 4r~ ~ wlarRlt Kati !N IQ1 R, Illl. •R 1 a__L • O IY .Y St 0 ~ ' 1 • Y NaMiL iCatl IY RipR " (<< rO IuJOR CMYfEJ "r' LM 1MdYYM1 RANG III `1 . +m . am RI.R E ~nO' aws r ~ _J r` S r hill L O C A T I 6 N H A P 1 tit>* ~ j v~4rp1w ~ OWNER ~ irn I w w t' , 1 ~ AVE. GRACE TEMPLE BAPTIST CHURCH 1100 WELT DAN STREET ArD I / d/ f DEMON, TENA3 76501 110 W-1137 y ' E 1 y 1T FLOOOPLAIN INFDRMATION Q,ITOrAIriw U.f nom U.SO. I ld KAIVOTm AS a R000 wiwu a7[A KLraw01N1 M. N 0 1yN ADD I 7 0 W 10 Nt "flooL now INIo"tc NNods" vol.. 31, 11 D.N. WFLOW tCIP"ANIn~Nr„p Koo"N 4410114-111w, / 14Tm wo"A p 11. 1W. - III ~ ~ Y i . 1 I AN " METROPLE% ENGINEERING CORPORATION 1111 M 1 ENOTNEEPINO 1 PLANNINI , EIMWEYINO FAR • Fjwd IM FAA llo rw[ I wn1 1NRN1. MIA Mlrl Ir. InuMrw .n•r. - 6Tf~u n>-.~w1 e+«u.ur • tiinIla'ilM GRACE TEMPLE BAPTIST !CHURCH ADDITION i : 141WO LIM tot 1/ILOCKS 1 AND 1 ! w • YMMI4 11 4041A MA,a 4.100 AMU y LP • L%i~ Wo ' Nt11014% 1. 0 IN 137 114M N.WaLINl MKT AS ;in } M • PYI Nvol"I Center 1.1" 0ym..~AdL SCALE DATE in N0. momIA, 5ccxm I'a /o' Nov 17 60623.C i. { . 9 I ,yam A L. ' N• ,~MI raa ILO7 1,8LK $ m 1 5/. N 119. 3- f IQ 19 .7 4' w ~e• IIY 30 GRACE AYE see o6u1L--. l.er 1~B IMt[ Il.tl Wtl{I twcN- ' G a• nr. n to e,..I.r+ y GRACE AVE ye., wcA .ol+aw WIN, WmIN! 1 a. lu{. . r r I rIK. ewrn. N em 0 n all, S ` 11 MRt Vie., , LINE INTERSECTION ` 1 09•S~'a4• N !61.06' j } 1 A • w(eou {•r'1ew "IP n•.1" A. DETAIL w ! i 41e1A10 IT, a0 N E•q, {y,n~ ~4 1•~~_ ! , . . Oy~}Z/0'. 8 r M. . p 12 f I. . b but t.Rr . ~ •w Irr rl,e M Ir tv ~ r., hill A _ ...,..,,.CAL. J.x.f,.'~lp~nr~{"93 k 'u I E w~.,1 stn{ i 6+ I'm n, wo 2 rit1 11rrdT { F' w me t lu a uA ~ k 1{ w r r E r i d0 ~ i yiut y ~I!! AM,IC AtwA I",Ciq t• r A N D '1 Orr ~w .nul EI ~„x i1-de l l I J I fII~ fg W r 1 e:{ ,w E ~ t/ o• C'"DINANCE . ' Cw~ AYLNUL SO IC ABANDONED AS PER ........he' U. I 1 e I , If' COr 1~6Lx 1 I 1 j Ut a LOi AN 1 M.N..111 I,8: A00 r IF 1 ON VOL,75, 01,3101 D.R. It7~. I ~ EI f i+ C f L 0 C A T 1 0 N e69 Sr59 w "e 75T,IN' M A P pW('d ETROPLEX ENGINEERING CORPORATION fll . AIN ! ACtMfLIfNO r /Llµtyj 1 Jtd,•trhK' :tom fIr . Nl LrY 6ro/ rOn rwll wr+t -A I +,,,luu 1{r{ 110 pri RI- • Frtf Lir N-1{f,lll AwWIN on lilmllb • 71e1 urt 0 M N E R /l ut TEMPLE At n L6l I f 1, H",19A,n AOpIt10N -1• • tlalrle time • RACE TEMPLE BAPTIST CHURCH A001116 I1110Mm0 time , x • Irn/lA GRACE TEMPLE 11pT15T CHURCH Lott O(KOCK TAL to LAND e R' • /1./r /Iif 1100 WEST OAR STRE[T IN bE &I NS A 01A1 to 1.!10 A j l► • IIMI PI l1 A41bAALAt f1.RY(!', Y17X{[7 IN M .71r1 II719,1 DCNi17N, TEXAS 76201 I M a+f ve..r. ' u7-31e7-ea7 [Ml1 We oaA >M. Ay, Stilt DA It JDe NO, ` wwlf.l r. (NECKED, -AL 1•. 50' 05 NO 17 60623. C al • :I P ~ 2 Minutes DRAFT January 13, 1988 Page 2 A. PRELIM NARY AND FINAL PLATS OF 161: GRACE 1EMPLh BAP1iS1 ~Ati~t~F~'_A~T1j Z"jUK,`ZZP1 ~1, b'LU~F:S Z ANTI ~ZTNCLU-1) NG 1M~ ~~'T.7t'1 OFtU'l~ 3 ATv?1 b`~IT-"'1?~~ M h.~iUG~'f-S`A'UZi~I'ITUN . Une notice was mailed to property owner in the preceding plat; no reply forms were received in favor or opposition. I Thirty-seven courtesy notices were mailed to property owners within 2UU feet of the replat. j STAFF RLKR1: M,s. Spivey stated that this 4.59 acre tract Zs Tocate-a-Tetween Pander and Fulton streets, the property is zoned 2-F (two-tamily), She said that Lot 1, Block 2, does not meet the minimum depth requirement of 1UU feet, however, lot does meet the 6,UUu square foot area requirement and the Planning and Zoning Commission may grant approval of the lot. The plat conforms to all S other minimum requirements of the Denton Subdivision and Land Development Regulations and the Development Review i { Committee recommends approval. She added that this plat is being forwarded to the next meeting of the City Council and the abandonment of Gregg Street is contingent upon -he construction of the new street, Grace Avenue. PEU TIONLK: Roger hollar, associrte pastor of Urace ' 1 Temp e, stated that their basic goal is to be in iii compliance with the parking requirements, fie said that they also want to increase the safety of their day care center and be in compliance with their master plan for the church. IN FAVOR: None present. OPPOSED: Ms. John Mrrison, owner of 814, 816 Gregg treet, stated that she is opposed to the closing of Gregg Street, She said that there is no advantage in closing this street because it impairs access to Calhoun Junior High School and Flow Hospital. REBUTTAL: her, Kollar stated that Grace Avenue goes tTirougY closer to Flow Hospital and was designed with this in mind. Jack Jenkins, representative of the board of Realtors, stated that he felt the abandonment of Gregg Street is necessary for the safety of the children in the day care center, Chair declared the public hearing closed, 1 1 R P G Z Minutes January 13, 1988 Page 3 W.1 S1 UN: kr. ClaiLorne stated chat the City Council has worked with the church on this site, he said that the abandonment of Gregg Street creates extra turning on the part of traffic but the abandonment is not an issue at the platting stage, he said that the replat meets requirements and moved to recommend approval of the preliminary and final plats of the Grace Temple Baptist Church Addition, Lot 1, Blocks 1 and 2 (including the replat of Lots 5 and b of the h. h. Mouiits Addition). Seconded by Mr. Kaa,man j Ms. Kiker asked if there would be problems in the future I with the lot depth. Mr. Claiborne stated that some of the older lots in Denton do not meet lot width or lot depth. He asked staff if this was the case in this situation. 3 Ms. Spivey stated that the zoning ordinance does permit approval by the Commission provided that the overall I ¢ minimum lot area is met. } Vote was called and motion unanimously carried (6-0). F I j E j f S i k 1 f s i 411 1 j t , } I` j CG 14 I 1 i 0923L NO. k I ! AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT I FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR ?'HE 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- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the h r lowest responsible bids for the materials, equipment, supplies or f services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids or materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items, I BID ITEM } NUMBER NO. VENDOR AMOUNT t 9808 ALL GUY-LANKY CIIRSYLER PLYMOUTH $143,342.32 9818 ALL U.E.C. EQUIPMENT CO. 78,836.00 i f ~i royal of the above SECTION it. That by the acceptance thedCity accepts the offer tted number; of the submthe bids sforsuch i error and agrees to iteE in j of the persons submitting s eQuipment, pP quantities purchase the materials, s ecifications, standards 4 Bid cordance with the terms, P i and for the specified sums contained in the Bid Invitations, I Proposals, and related documents ac . arsons submitting SECTION III. That should the City and p rove an accepted items ands of that soar ita; result of h the awarding of the bids, the City M approval anager enter into a formal written g authorized to execute acceptance, , and rovided or his designated representative is hereby is in accordance with the p terms, the write en wrcitotnten r cactontrwhiact ch shalt be attached hereto; sjecified that t conditions, specifications, standards, quantlties bsid documents sums contained in the Bid Proposal and ~ herein approved and accepted. royal of the above SECTION IV.. That by the acceptance and aPP Council hereby City number; terns of the submitted bids the rsuant to a written authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or p contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective N age and approval. I imma ate y upon its pass 1488. i PASSED AND APPROVED this 19 day of JANUARY s j RA STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: 1 JE NIFER AL ER , C T SE R CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 1 CITY CITY ATTORNEY f I BY: PAGE TWO i f DATE: January 19, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM, Lloyd Y. Harrell, City Manager SUBJECT: BID# 9808 POLICE SEDANS 1 RECOMIENDATION: 'ke recommend this bid be awarded to the lowest bid meeting specifications Guy Lanep Chrsyler-Plymouth in the amount of $11,961.86 per unit for a total of $143,342.32. I SUMIARf: This bid is for the purchase of 12 police sedans. These units will be utilized by the Police Department. They are the final stage of the "assigned officer program. These units will be funded with surplus funds on the 1986/87 Equipment Lease Purchase Agreement, Bid o 9685, already in effect. The funds becamz y available when the Wastewater Utility choose not to lease purchase a new sludge i injection tractor. Payment for the 1987/88 year will come from Police Department ' budget funds. 9 BACKGROUND: Tabulation Sheet a PROGRAMS, DEPARTIWATS OR GROUPS AFFECTED: Police Patrol and Motor Pool FISCAL LIVACT: Lease Purchase with payments from 1987/88 Police Department R Il Funds Respectf y/suubmitted: U ~ o Lloyd . Harre. j City /tanager P~kpared by: i Name: Tom Shaw, C.P.M. Title: Assistant Purchasing Agent Approved; i r v 1 Norm ars a , ame:`,,' ~j 0 Purchasing Agent i 6 . . t 1 I I BID 1 1 9BIB 1 DAVE t TRIANGLE 1 BILL i GUY ; LTD TITLE POLICE SEDANS I MUSE 1 CHEVROLET 1 UTTER 1 LONEY 1 I I OFENED 115100 MIT P.M. 1 DODGE 1 1 FORD 1 FLYMOUIN 1 ACCOUNII LEASE PURCHASE I I 1 I t I 1 1 I ...........t 1 --...1 1 I ITY I ITEM DESCRIPTION I VENDDR I VENDOR VENDOR VENDOR I VENDOR I I, l I I I I I I I I i 1 1 I ; ,t 1, 1 12 1 1 DOOR POLICE SEDANS 1 12,599,99 1 12,706,66 1 12,991.56 1 11,961.86 1 1 ,;i; I i i 1 I 1 1 1 i 1 1 I 1 1 1 I I I DELIVERY 1 91.121 DAY 1 91-121 DAY t 61.90 PAY 1 121 DAY i I I I 1 1 i I I I 1 I I I I I ~ 1 1 1161 1 DDDOE I CHEVROLET 1 FORD I FLYMOUTH I 1 I I 1 I I I I I I 00411 1 DIPLOMAT I LAFRICE 1 160" VIC I GRAND FURY 1 I M1;: I I I I I I 1 I 's•T,y ° I I I I 1 I I i I 1 M Denton I YF.S I YES 1 YES I YES i 1 , I I I 1 I I I I I E I i I I 1 I I 1 ' I I Tens I N31 I RA I N31 I M31 1 I \ ,:L I I I i I I I I I I I 1 I I i I I I I I I I I `IY t i 1 I~ DATE; January 19, 1988 r CITY COUNCIL REPORT I TO: Mayor and Members of the city council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID0 9818 AUGER DRILL HOLE DIGGER RECOIR•1ENDATION: We recommend this bid be awarded to the lowest bidder meeting specification U.E.C. Equipment Co. In the amount of $78,856.04 with delivery in 30 days. i f j i SUMMARY: This bid is for the replacement of the hole digger utilized by the Electric Distribution Department when setting poles. The existing unit is voer 20 years i old and no longer economical to repair nor dependable enough to be the only unit. The bid submitted by Commercial Body did not meet specifications r l outlined in the Addendum fl, has a 20 horse power srnallEr motor and a three month longer delivery schedule. r The new digger will be mounted on the existing truck cab/chassis. BACKGROUND: Tabulation sheet PROGRAMS. DEPARTIiENTS OR GROUPS AFFECTED: Electric Distribution Department t FISCAL_ 11.1PACT: 1987188 Budget Funds Account Number 610-080-0252-9230 ~SS Respnctful submitted: I 3 Lloyd Harrell City Manager P" P aredo by: I I~ Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: r ' flame: ,John 3. Marshall, C.P.M. -T fie; Purchasing Agent I~ , L I I~ ! L i i l 1 ~ I I I y Bl0 1 t 4111 I REEDRILL 1 UTILITY [pnnEFCIAI I B 6 M `r BID TITLE AL16ER DRILL HOLE DIGGER 1 INC. 1 EQUIPMENT l BG➢Y I TRUCK I OFENED WIN 2211 F.M. 1 I CO. I CO. ACCOUNTI 810481-1252-9231 1 1 1 I V1. _ _ ..._I _•_.•._.._1 _-11• _ _I • • _ 1 I QTY I ITEM DESCRIPTION I VENDOR VENDOR L VENDOR I VENDOR 1 VENDOR .1------------- 1------------- '-----•°_--••I-------•-----1 1 ~ 1 I I 1 I 1 S I I I 1 I I I I I ~ I 1 I I 1 I 1 1 1 1 i A l1 1 I W0 DRILL HOLE DIESER 1 92,511111 701058.1B I 7B,631111 NO II➢ I 1 i I { 1 1 I 1 1 I I We I TELOMA I TEtOMA 1 HIGHNAY I I I I I I I I Model 1 331 1 331 I HN 1 I I f I I I I I I ' ? I I Delivery 1 91 DAY I Sf DAY I 120 DAY I I 1 1 I I I 1 I 1 ~ I I I I 1 1 1 1 I (ADDENDUM AWONLEDGEMENT I YES 1 YES NO I I 1 I I i 1 I I I 1 , ; I 1 1 1 I I I y I I NYD NINCN I 1,101111 I 1,165.11 1 3,127.11 1 1 1 ~ 1 I I I I I I I f i I 1 I 1 I I I I 1 1 I I I I 1 I 1 I 1 1 1 1 I I I i I I 1 I 1 I:~~Kp{dWiAMAMR14•-FK'YYY .u µ :.e .A ~t t.- I f 1~ b I ( 1 I I `-i , 1 k II 1 ffq ti ~ S r• it i I i 1 i i I 1 to-F 0923L NO. AN ORDIFANCC NTRACTS ACCEPTING FOR PUBLIC ITWORKS BDS IOR IfN ROVEMENTS; PROVIDING AND PROVIDING FOR AN AWARD FOR 0THE EXPENDITURE OF FUNDS YHEREFOR; EFFECTIVE DATE, received and tabulated WHEREAS, the City has solicitct ed,on public works or competitive bids for the of state law and construi of improvements in accordance with the procedures City ordinances; and has the City Manager or a designated employee receivedE and recommended that the herein described bids public rworks lowest responsible bids for the construction of thebd proposals or improvements described in the bid invitTHtl( EREFORE, and plans and specifications therefore; NOW, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: competitive bids for the y { f SECTION I. That the following as described in the s and specifications r construction of public works or Improvements, "Bid Invitations", "Bid cceltedo and approved as being the lowest responsible bids: AMOUNT BID_ NUP CONTRACTOR 981_____,_.,_ DICKERSON CONS1 RI CITON INC. $ 13,587.00 _ i That th~ot cconstitutena acontract obetweenbthe T' SECTION II. the bid for construction of such compet t ve s shall City and the person submitting 1 ~r z until public works or improveme is herein requirements dspec,fied~in the acceted such person shall comply with execution of a written includi the of g performance timely and payment bonds, after Notice to Bidders ~ contract and furnishhing ng notification of the award of the bid. authorized to SECTION III. That the City Manager is hereby a execute a necessary written contracts for the performance of the construction of the public works approved improvement provided herein, accordance with the bids accepted and that such contracts are made indac accordance swirelahe No thereto roposonditions# plans and specifications, speBiddecifrsying and the Bid terms, c p standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above s and the execution of contracts for the public compat t ve Council woks and improvements as authorized herein, the City . and maniier and in t hereby authorizes the expenditure ofpf funds In the p authorized ; the amount as specified in such a contracts executed pursuant thereto. , SECTION V. That this ordinance shall become effective immediately upon its passage and approval. day of JANUARY , 1988. PASSED AND APPROVED this the J 4 i RAY STE CITY OF DENTON, TEXAS ; y i ATTEST: t -jBNN Tt`RAZfi 1E ~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: YNO CITY ATTORNEY DEBRA DAMIDRA TEXAS CITY OF DENTON, BY: _ PAGE TWO NNW-, r DATE: January 19, 1989 CITY COUNCIL REPORT e TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID/ 9912 SHERMAN/WINDSOR TRAFFIC SIGNAL CONDUIT RECONIENDATION: We recommend this bid be awarded to the lowest bidder, Dickerson Construction, in the amount of $13,387.00. SUMNIRY: Thls bid is for the installation of conduits and pull boxes necessary for the construction of traffic signals at Sherman and Windsor. I 4 BACKGROUND: Tabulation sheet J 3 i PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: i Traffic Control FISCAL IMPACT: 1987188 Traffic Bond Funds Acct # 436-020-GOo7-8721-9105 1 ectfully submitted: . 1 r Resp4vLoyzHa r rell City Manager 1 Pr pared by F Name: om aw, C.P.M. Title: Assistant Purchasing Agent Approved: e:1 /John J. Marshall, C.P.M. f t IeJ Purchasing Agent i i f ~ ;r r . 1 • I I 1 I 1 1 BID 1 1 U12 I LA-TEI I DICWHN 1 JAY-MAR 1 CALVERT 1 ; BID TITLE SNEAMAIWN TRAFFIC SILL 1 ELECTRICAL !CONSTRUCTION 1 CORPORATION I PAVING 1 1 OPENED 12-22-81 trill P.M. I CONTRACTORS I 1 i CO. 1 i ACCOUNII 436 Itl 6081 8124 9115 1 1 1 1 1 1 1 1 ! I ; 1 ' ' .............i----------- I I DIV I ITEM DESCRIPTION I VENDOR I VENDOR 1 VENDOR I VENDOR I VENDOR ! 1..._.....1 1------------- 1............. 1............. 1----------...i i 1 1 I 1 l 1, 1 1 00TAL PROJECT 1 01828.11 1 129111.51 1 17,171.10 1 21,091.11 1 i i ~ I I I I I 1 I 1 1 I I 1 I I I I I I :Contractors Warranties 1 101.01 1 511.11 1 791.11 1 INCLUDED I 1 I Wd Uaderslar,dlals I I 1 I I I I I I I I 1 I I T I 1 I I 1 i I I BOND I yes I yes I Yes I yes i 1 I I I I I I { I 1 I Addendue I I yes I yes I I I I I I 1 I 1 I ! I INORINI 1 4,110.101 1,151.011 2,111.111 INCLUDED I I I I I ~ I 1 I ! ! f 1 I I I i I l 1 I I TOTAL 1 11,838.11 1 11,581 01 1 19,561.00 1 27,891.18 1 ! 1 I I I 1 I ! 1 ~~I 1 I I 1 1 I I I I T 1 1 I I I ! I I I I I I ! I I I T 1 1 I ! ! I I 1 i I I I t i i i r In k r tj DATE: January 19, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council s FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID/ 9805 AIRPORT IMPROVEMENTS l RECO11,1ENDATION: We recommend this bid be awarded on only Item I and bi + C to the low bidder, Sunmount Corporation at $225,660.00 for item one and $346,635.41 for Section C. i i SUMMARY: This bid was sent out with proposals to be submitted on Options 1, 2, and 3, and Southeast Airport Improvements of Sections A, B C, and D. We are recommending award only on Item I Airport Improvements - which has FAA participation, and Section C Drainage and Waterlines. We are rejecting items bid as Number 2 8t 3 and section A, B and D improvements. Total -ward is $5720315.41. f F , BACKGROUND: Tabulation Sheet Memorandum from Jerry Clark l PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: } Airport, Utility Department, Public Works FISCAL. IFIPACT: There is no additional impact on the General Fund. i d Respectf 13y submitted: U L1oy Y. Harrell City Manager i s Prepared by: X;== 449SC me John J. Marshall, C.P.M. itle. Purchasing Agent Approved: X&N ohn J. Marshall, C.P.M. Purchasing Agent t I ` CITY of DENTON, TEXAS 215E, MCKiNNEY I DENTON, TEXAS 762011 TELEPHONE (817) 5888200 f f MEbiURANDUM f 1 DATE: January 130 1988 i ` TO: Rick Svehla, Deputy City Manager r FROM: Jerry Clark, City Engineer i SUBJECT: Approval of bid 0980S - Denton Airport I ` s The Engineering Division has evaluated the unit prices from Sunmount Construction for the Denton Airport, All bid prices ' seem very good, Sunmount has an excellent reputation for quality worx; therefore, the project should be awarded to them. The Federal Aviation Administration portion of the work totals $225,600. The bids have been reviewed by Ron Hess of the local FAA office in Fort North. They recommend the bid be awarded to Sunmount. Their participation will be $2119531 based on nonparticipating items and the previously approved grant of $22a,450. { The City portion should be awarded based on Section C with a total of $346,655.41. Available funds are from the certificates of obligation issued in 1986-87 fiscal year by the a City of Denton. The sewer lines should be deleted from the project with a new total cost of $305,775.41. e roy k; a t 0521E i Y I 1 ! I I I BID I I 9BBS ! :gCkEFSON ! SUNMDUNT AU5iln 1 AFAC 1 I!UNNICK 1 I BID TITLE AIRIORT I>IMUMENTS 1CP41RUC11014 ! CORPORATION IAV INO 1 TEXAS 1 BFOTHEFS 1 1 1 1 I 1 1 OPENED 1273189 2111 P.O. 11_ ACIDUNTI I 71 I I 1 i L 1 I I n {I T 1 1............. 1------------- I 2 F _ " V (Oa 1 1 B1Y ITEM OESCFIPIION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 VENDOR I uuluuu .1 ..uuu.......-_...I .-_-•______I 1 I I I ! I 1 I ' t (BASE BID SCHEDUt~f ! I 1 ! I ! 1 E I. I I I FAA AIP 3-40.5867.13 1 241091121 1 , 61118. 276,111.911 1 241,751.11 1 257,656,01 1 1 j I I I I 1 ! l ! l !ADDITIVE BIO 1 1 1 BASE I 1 I 1 1 1 1l~~~ f t I FAA 41 AIP 3-13-1161-13 t 81,898.81 I 521168.11 I 88,111188 1 53,123.61 I 57,532151 t I I 1 i 1 I I I i 31 1 1 1AHNNE BID 1 2 1 BASE I 481181121 I 38,532161 1 49,711.17 1 42,782180 1 29,688151 1 1 1 I 1 1 1 1 1 ! 1 I I SOUTHEAST AIRFORI I I I I I ! 1 1 1 IMIROVENENTS I I I I 1 i ! I I BID A 1 432,528175 1 417,145.60 1 487,172.43 1 417,183175 I 534,060121 1 1 ; ! I ! 1 I 1 1 I I I BID 1 1 362,187188 1 332,714.99 1 413,01!192 1 351,693.11 1 4961181.81 1 t `I I X I I I I I 1 { I I { BID ! 311,142153 ! 318 655.41 131,256.16 I 367,631175 I v16,759,11 1 I I 1 t ! ! I I 1 I I I BID D 1 3!1,149196 1 183,477,11 1 3611471.13 1 315,461135 1 441,881.71 1 1 1 I 1 I I I I i I I I 1 1 1 1 I 1 ' I I I I i I 1 I I , 1 IADDENDUM RECEIVED 11 1 YES I YES I YES I YES I YES I I I IADOENDUM RECEIVED 12 1 YES I YES I YES i YES t YES I I ~ I 1 ! I I I I 1 1 1 { 1 I I ! I 1 t ! 810 BOND I YES 1 YES I YES I YES I YES I I I I t 1 ! ! I 1 ! 1 I I I t I I 1 ' ~~fliyy.►4kR+.nm.lr.v.p.w.•asr..l...... - . a.., . I . I I I 1 1~ f 1 v ~I ~~[we 7 I s' i I i t } ~ E it { f 1, r i i t ,r i r } s i i 1 E .f t x' 0923L NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $10,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or 1 to preserve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a pub is calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 82547 S & T EQUIPMENT CO. $19,000.00 SECTION 11. That because of such emergency, the City Manager or es gnats employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the a i attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in # accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 19 day of IANIIARV l9ag• RAY TEP EN , MAYOR CITY OF DENTON, TEXAS a j d i 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS a BY. f PAGE TWO i 4 h f. t! DATE: January 19, 1988 I CITY COUNCIL REPORT Y TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: PURCHASE ORDER 0 82547 I S do T EQUIPMENT CO. RECOMI-IENDATION: We recommend this purchase order be approved for the purchase of the second like unit as the one purchased on our Bid # 9815. SUMMARY: The second unit, as listed on this purchase order was bid as an alternate on our Bid #9815 for $30,000.00. After we agreed ,-n the first unit and sent the purchase order, we negotiated this second unit and have agreed on a price of $19,000.00. The second unit will be used by the Water/Waste Water Department of Utilities or used for parts tor the one original unit purchased. We do not expect to use the unit for parts as the unit is in operating condition. After we received the bids ranging from $30,000 to $93,000 for used units, it was decided the second unit would be r a good investment. Therefore the negotiation after award of the first unit for the second. BACKGROUND: Tabulation sheet i PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Utility Department FISCAL IMPACT: There Is no additional impact on the General Fund. II I Respectfully submitted: a e y Ha r're l City Hager Prepared by: ~11a John J. Marshall, C.P.M. " Title. Purchasing Agent Approved: r r? . jme: John J. Marshall, C.P.M. T j t j e: Purchasing Agent I 1 CITY OF DENTON, TEXAS 215 E. McKINNEY ST. PURCHASE ORDER DENTON, TX 76201 ES 0. NUMBER DATEIVENDOR NO. DOCUMENT TYF 47 1113188 C05 VENDOR: SHIP TO: S do T EQUIPMENT CO. ELECTRIC PRODUCTION P.O. BOX 1110 1701A SPENCER ROAD CRYSTAL BEACH, TEXAS 77650 DENTON, TEXAS 76201 i ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUf i 01. 610-080-0251-9211 1 EA M W DIESEL GENERATOR $19,000.00 EMD-M 16 SR: 36-L-44 f I l ~T 4y i TOTAL FOR THIS P.O. $19,000.00 The City of Denton, Texas Is tax exempt • House Bill No. 20. Reference P.O. Number on all Bit., Shipments and invoices. Shipments are F.O.B. City of Denton, or as Indicated. Send Invoices TO: Direct All Inquiries TO: City of Denton, Accounts Payable John J. Marshall, C.P.M. Purchasing Agent 215 E. McKinney St., Denton, TX 76201 Tom D. Shaw, C.P.M. Asst. Purchasing Agent Phone 817156841223 81715688311 D1FW Metro 267-0042 The City of Denton Is an equal opportunity employer mm I E i 9 1 F a s 1 C 1 Fill l MLXJ E LA_U a I-Lu E i i ~ T i e 1. ~V I l o4TL: U1/19/68 1 + CITY COUNCIL REPORT FORMAT i T0: Mayor and Members of the city council FROM: Lloyti V. Harrell, City Manager SUBJECT: Adoption of Ordinance for Utility Easement Abandonment (E-6) I RECOMMENDATION: The Public Utilities Board recommended approval of the easement abandonment at its meeting of December 16, 1987. The Planning and +ioning Commission voted to recommend approval by a vote of 6-0 at :ts meeting of January 130 1988. SUMMARY: This is a request for abandonment of a 16 foot utility easement on the Singing Oaks Church of Christ property located at the northwest ~ k corner of East McKinney Street and cardinal street. 3 BACKGROUND: S i The easement abandonment is necessary because the church desires to construct an addition to its building that would extend over the easement. New service has been arranged for the church, {i( i ) i PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: There is no impact on the general fund. j Re ape ully ubm d: F + Llo V. Harrell g City Manager Prepared by: I !JD 1! .Ha Anu_ 7 Denise s veyJ ' Urban Planner Approved: David Ellison Acting Directcr for Planning and Development i ~ c I, ~l it i i CITY COUNCIL AGENDA BACK Up SUMh~ARY SFiEE1' 1 MEETING DATE: January 19, 1988 SUBJECT: Abandonment of a 16 foot utility easement located on the Singing Oaks Church of Christ tract at the northwest corner of McKinney and Cardinal streets (E-6) SUMMARY: The easement was used only to provide service to the church. As part of their expansion, they wish to build over the easement. The easement is no longer in us., and a new service plan has been designed. RECOMMENDATION: The Public Utilities Board recommended approval i of the abandonment at its meeting of December 16, 1b87. The Planning and Zoning Commission voted to recommend approval of the abandonment at its meeting of January 13, 1988 by 3 vote of 6-0. ATTACHMENTS: 1. Ordinance {f 2. Map 3. Minutes of Public Utilities Board meeting .'a of December 16, 1987 4. Minutes of Planning and Zoning Commission meeting of January 13, 1988 .f h: t. - Y s 1 r, 3 2156E I N0. AN ORDINANCE ABANDONING AND VACATING A CERTAIN UTILITY EA.'EMENT AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. i j WHEREAS, the City Council of the City of Denton, Texas ( determined that the hereinafter described utility easements whether one or more, is no longer needed for public use; and WHEREAS, in accordance with the of the Local Government Code, an a rovisions of Section 272.001 value of said easement has been obtainedaland of the fair market ~ WHEREAS, in accordance with State law, said easement is being ~ f abandoned and vacated in consideratfon of the receipt of the Eair ~ market value thereof; NOw ' , THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. ~ That the hereinafter described easement is aban oned an vacated as an easement for public utilities; the easement being more particularly described below: All that certain lot, tract or situated in tFie City and County ofa Dentonf State ofinTexasa being ~ pact of the M. Yoachum Survey, Abstract No, 1442, and being part ( ~ of an 3,813 acre tract conveyed by Wood Street Church of Christ to Singing Oaks Church of Christ by deed dated July 11, 1968 and recorded in Volume 567 Pa e 5 ' County, Texas, and more g 59 of the Deed Records of Denton y particularly described as follows, to-wit; I BEGINNING at an icon pin set in the west boundary line of said t Singing Oaks Church of Christ tract 126,0 feet North 02 degrees 06 minutes 10 seconds East of the southwest corner of said Singing Oaks Church of Christ tract= THENCE north 02 degrees 06 minutes 10 seconda East with the west boundary line of the said Singing Oaks Church of Christ tract, 16.0 feet to an iron pin set in the ground; THENCE South B8 degrees 57 minutes 10 seconds East 190,3 feet to an iron pin set in the ground; THENCE South 02 degrees 06 minutes 10 seconds West 16.0 feet to ' an iron pin set in the ground? THENCE North 88 degrees 57 minutes 10 seconds West 190.3 feet to the place of beginning and containing 0.070 acres of land. ,r t SECTION II. That said easement, whether one or more, is here n aban oned and vacated, and by operation of law, the city of Denton's property interest in said easement shall revert to the abutting property owner, whether one or more, and the City of Denton hereby releases any and all claims to the use of the property described in said easement referenced herein for the purposes therein described. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. t i E } RAY STEPHENS, MAYOR j f ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ti PAGE TWO 1 t Y f 11.11 N,rY A~ 1 rnun, n Nxnw } J_____ MIIN\ ,gwM- lnllYrn frnlO~Nt\I IN1 N.M [IwxMi lgn.. 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R hIIL r nY hl j rilYiY~ir11HMIN Iw •14 nMwN ir.l YnI.YX, rnI...MI, I .n M IM wr M rY •"I~' M,nww W NIwMF1 Y r nx Y r rywINxML FIwIMSNIMInN11Wl\lY.l■„r\1Y j ti Ixr MY rIMWwII RIIn qY +r~YFR XN. If e uli nlrla:~rlT.`r rll r, rl,• e.. R1Yee..• z 1 tYewm YUnmu n■,Fp ' j ■YYIRC IM l1 IYI L MMw1 nlrrrlY rwNll•N MI, I.•M. Y 4.b in11f MY r"~• NY/. l.n l.I FI.NNwYWynr.Y 1Y.N WrN ■ All ■1 nI FNN - IM n.14 Y AA Mlrr 11Y Y.•r.lr .wl /yN IyY YI T•Yr 1 r lqw \ rw\w ay r Yw ' MHr~iI.MI MI OWN EN t, I SINGING OAKS CHURCH OF CHRIST C/O LnIFY CHEATHAM KAETFb'lE}f IIJVlIII~ri f IrnCa 106 FINSUMST in" u■Ir+,+,■ ■1rlm tltl1,1■1 OENTON, TEXAS 76201 rn • I,uM 4w rin ■rslw ,111+N61/■ I • M 1 PHONE NO. 6J7-362-7700 ZIP bw rift Y+- TIC 1■yr 1 nwL rur a •Il-- rnll Llrn SItG]% CWSS CRAP01 CP CFFIST , MliTICN r ® •F• • {II R to Lill LOT 1/iLDCX l tf loolool, LL" ql • = A • rIsr orltl IM M R MCI" ■JNV 1-1141 I ■ co V • L,/q Mr iCAL{ OLT{ IC. { I N 1 rN -comw m$ 040(m-.ML QI ALi lip ,p6 B7Cpip fX 1 1 ~ Z RECEIVro AUG 9 1 'I ti I N i January 13, 1988 I PF,Z cobjmISSION AGENDA ITEM r TO, CHAIRMAN AND MEMBERS OF THE PLANNING AND ZONING COMMISSION 3 FROM: R. E. Nelson, Executive Director of Utilities RE: CONSIDER EASEMENT AND AANDONMENT OAKS CHURCH OF CHRIST LOCATED AT MCK RECOMMENDATION: The Public Utilities Board, at their meeting of December 16, 1987, recommended to the Pf,Z and City Council approval of the Singing Oaks Church of Christ easement abandonment at no charge to the owner for the following reasons: 1. Easement not in use. 2. Owner needs easement abandoned to obtain building permit. li v 3. fOwner was acilities andnInstallatio,n0of special removal for existing i I new service. 4. Old facilities were updated to current standards and owner paid for a portion of the cost. : 5. Owner to pay all fees required for processing easement abandonment . SUMMARY /BACKGROUND: i ~II The original easement was used for service to Singing Oaks Church ` expand va dawishedto overhead locate the I located. The only owneIn this r decided easement, building where the existing electric service was located. In previous meetings with the church, a plan for a new electric service was worked out, and a price set for the work required. PROGRAMS DEVARTMENTS OR GROUPS AFFECTED: Denton Electric Utilities, Singing Oaks Church of Christ, and Legal Department. i r I 4 r' I i Page 2 i FISCAL IMPACT: None at this time. Owner paid for removal of existing facilities and for special facilities required for their new serv'ce. i Aep Pctful y R. E. Nelson, Exec ut ve D rector Department of Utilities i F i Prepared by: !Gl .r on c _ n Senior Electrical Engineer Approved by: r a - 9' Ernie u os, rector t Electric Utilities f Exhibit I Location Map II Work Order to Update Existing Service III PUB Minutes of December 16, 1987 i ti 5236U:1~2 i i a° L_iL o s.•mom s 1 i { WL i i Lti"'~ I ! rt uNtr ` ~+O l r 1 LOCATION MAP 51NGING OAXS CHURCH OF CHRIST I i j 11i111i1 1 • CHIC TNIO poll IA) ' I I 11111111110 0 4 fN Itspul YNNC 11 • 111111TIND IYIIC AND CYI.OYTO 1 1 NI' - I IST1N0 Y•1 PRIMARY AND PRUPOSID , I NrorRAI I KDG ~I r [ INSTALL, MISTING HLDG. loo' - /0o NcN 1110, CONDUCTOR 100' - 110 NCO Ile, COROYCTOo I eYll„ /IAMVI LNIIt M, v n1nN, IDO' - 1,D c11 D#N# DNO UYO MY NO M [ A ' 1 1 1t1 rtls +0IM. 4' 1 r 11 !Elul 7H' • of C0119tRCIC pN1OMf Y 1 -10 II 4141014L' U f0 IT FMG A .r-.. T~~ I • I l _ ~ , rNUI .1 1.110 ry i -O /RMO1[F11 1 01'011 OU C 1.4010 p0U ! 1 /T~//,' 1 • 107 OVA PAD TNANSPOI 1 j ytW ovi ldl, ` / 11010409 ID Hi DNLN4 NI 111 I'l %I CW, boy IN .1[61/N. A•W Mr Ylw. 1 TO RYA /AO rRANO/0#1100 y~3 T /u,h 44.; 11 u14er If 4WA000e10I C ( ' ~•145'41. 0W)W1YI1N Y hotel. II : le' 10/1110 111911111111 IN? too f ICT1011 TO 111 11099 OFF 00 INAI ' O.N. SECONDARY WILL CLIAN DOW f ,.7 _I_I of C' 7 FAO AND CONOUIT to at , If INCTALUO IF Cu1T0Y/• MCKIMNEY a ~ ~ M X41 111 _ _ N4pw11 T,1, y,19•I 1 111' 1110 1 41 1 Q 1...• a - D1ruwlrT o1 1upK one nary H11OlNO 01111 CNY#CN 01 CNOIIr ~.n CITY Of D[hitlN -CHAS Y.. cONYI#UOR iF 1/1 11111 41/ 11f1 1 1 1! 1 11 031MP-111 131 0_11•U_111 w«. ~IOrNa i • of n1.r 40' •K 10'11JI 1.1//5011 4. 1H1 1 i I i I I f S f 1. c t ~IIW OWG W.q , PVL l0 ! B 0 II 1 ' , j TOP VIEW Ca ' - pvc pvt . -L IO IMI/IXI ' SIDE VIEW T ; Noll, 1, M1r1;1 11111 RIINIONLIMIN1 IN Mu /vC 11 NI Ui11Yf ' L .1' INC 1 I•q IV1Mu . 11MI11I III tll t'WC VN INgC1 UU II A II II 1'IYC Y1vl - C. 1 • IL/ Rv1 61u IINNl1O11RU1 IV II ON RNUC1VU11 L M51111 i • 1Y0 404 1 t1Y MC+I, Yad INIIN TO OUR 1011 1 //0 CY IMI IN /VC IVR 111 4 14 0 0 0UI[ 14CONII/IV 011FA 111r.NN1110N I; u!; 1UV / 111 001040v 1, IrNNI11MIN, I INIII II Ylu alblr 1111111111 111111XN1 111 rV'lll 11 III+1y11r 11 1 1104101 1 rll 1 IIYIna 11NW •U 1d1r. 111111111Xr . .,u ~ ii p.. hll nuln 4 1 A ,1d ._.~.II I I•I1"INIM14114 ►I IIN IIIIII M• •._•••r~r 1 , 11u1 Ir NI 1. 1111 nH NMg1(1111 IAYMM N Will to, 141111110111011 1 .1 ~~.r i. UtY 0/ bINtON 1(IM p1( IM QMNWI "1611 NIN N wn. . f/ Irnl 1 or 11.,E 1a ~1-Ir •.111 r/l IN 1 1 1~1pFfMyAwlllrawr•1,r.1«......«:-...w.u.,ar. ..+.;n r..a: V[ 1 s iy I PAGE I i EXCERPT PUBLIC UTILITIES BOARD MINUTES December 16, 1987 3 4. CONSIDER EASEMENT ABANDONMENT (SINGING OAKS CHURCH OF CHRIST LOCATED AT MCKINNEY AND CARDINAL). ; Tullos explained this easement will be replaced with another easement with the sole purpose of serving this church. Chew asked If the easement problems with the Methodist Church have been I resolved. Nelson stated they have been. The Methodist Church situation involved a somewhat different set of circumstances. } I Chew made a motion to recommend to the PAZ and City Council subject easement abandonment. Second by LaFnrte. All ayes, no nays, motion carried. f S 1 t f ~ 1 t j i 1 t Ep, F P 6 Minutes DRAFT Janua ary 13, lybb I Page 5 U. h-b. Request for abandonment of a 16 Loot utility easement located on the Singing Oaks church of Christ tract at McKinney and Cardinal streets. STAFF REPURI: Ms pivey stated that this easement was used only n prov e service to the church. As part of their expansion, they wish to build over the easement, J} The easement is no longer in use and a new service plan has bee designed. She added that the Development Review Committee recommends approval. DECISION: Mr. Holt moved to recommend approval of E-b. Seconded by Mr. Claiborne and motion carried unanimously I { I i 1 3 y t~ J i I I y 1 J. 1~ E' 'r i { i I i i I i i I ; .t C d i 1 i i ~I I` f ~ DATE': U1/19/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the city council FROM: Lloyd V. Harrell, City Manager j SUBJECT: ADOPTION OF ORDINANCE AND SERVICE PLAN INSTITUTING ANNEXATION OF APPROXIMATELY 51,3085 ACRES Of LAND BEING PART OF THE J. CLAYTON 1# SURVEY, ABSTRACT NO. 221: J. LAMAR SURVEY, ABSTRACT N0. 754; AND M. HCBRIDE SURVEY, ABSTRACT NO. UU4 (A-51) i RECOMMENDATIONS The Planning and Zoning Commission, at its meeting of December 2, F 1987, recommended annexation of a 100 foot strip from the pre- i{I existing city limits line for a distance of three (3) miles, by E a vote of 5-0. SUMMARY: 1 The statutes 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 this annexation is not continued, the whole pro- cess including public hearings and public notice would be required. This annexation will continue the plan of the City of Denton to protect 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 bake Ray y Roberts and Lake Lewisville is extremely important and the City is interested in preserving the waterway and encouraging development that 1s consistent with this goal. ! F BACXGROUNDI The staff prepared a petition for the property owners to sign if they were interested in voluntary annexation. The staff suggested a 100 foot strip be annexed within the boundaries of this annexation and following the center line of the Elm Fork of the Trinity River. All property owners within the three miles from the existing city limits may be included in the annexation. : The City cf Denton has annexed property in this area or, two F previous occasions. A 175 acre strip was annexed in 1984 from U,S, Highway 380 north approximately 5,000 feet. In 19b5, a 115 acre strip was annexed to continue the city li,aita toward Lake Ray Roberts. T !J a ~ 1A-511 Page 2 i 9 PROGRAMS DEPARTMENTS OR GAGUPS AFFECTED: Seventeen (17) property owners have requested voluntary annexation. All departments involved in the development process and those depart- ments who provide public services. ` FISCALT The impact analysis indicates that fire protection will be the most costly service for the City to provide the rights-of-way will be necessary. c lly submitted: Lpe Lloy V. Harrell city manager r4 ' prepared by::~ Cecile Carson Urban Planner Approved: i!t David Ellison Acting Director for Planning and Development Y s t A ~ ~yy J Ds10k M i I R' 1994L NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT I TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOTS TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 51.3085 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. 7541 AND M. MCBRIDE SURVEY, ABSTRACT NO. 804, D£NTON 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's a copy of which :s attached hereto and incorporated hy -eference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton; and WHEREAS, an opportunity was afforded, at a public hearing 1 held for that purpose on the 3rd day of November, 1987 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREASs an opportunity was afforded, at a public hearing held for that purpose on the 17th day of November, 1987 in the council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, the property owners of the land described in Exhibit "A' having petitioned the City to reduce the acreage of property sought to be annexed by the City and having voluntarily petitioned for the annexation of approximately 51.3085 acres, which constitutes a portion of the property described in Exhibit "A", and is described in Exhibit "B', a copy of which is attached hereto and incorporated by reference herein; and WHEREAS, the City Council having agreed to said petitioners request; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFOREs THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: A-51/PAGE ONE it F~ SECTION I. That the tract of land described in said Exhibit 'B' be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said city and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other i citizens of said city and shall be bound by the acts and 3 ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. SECTION II, The property described in Exhibit "B' is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which nap is hereby amended accordingly. SECTION III. Should any section or part of this ordinance i be he Td unconst tutional, illegal or invalid, or the applica- tion thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffec- tiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City council hereby declares it to be its purpose to annex to the City of Denton every part of ' the area described in said Exhibit 'B' of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, s that if there is included within the general description of territory set out in Section t 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 limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same is !,ereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. SECTION IV. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the day of 1988. A-51/PAGE TWO i .1 r T.~ i PASSED AND APPROVED by the City Council on the day of 1988. RAY STEPHENS, MAYOR i I I j ATTEST: t JENNIFER SPALTERSrCITY SECRETARY l 3 ' . 1{ 6. ; APPROVED AS TO LEGAL FORM: f DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: Its •~`rC~t. 'b.r.a..:_ I A i~ f 1 I, 1 l i i1 ii A-51/PAGE THREE 4~. EXi.-bll "A" ALL that certain lot, tract or parcel of land lying ana being situated in the County of Len-on, State of Texas and being part of the J. Clayton survey, Abstract No. 221, J. Lamar survey, Abstract No. 754, N. McBride survey, Abstract No. 8U4, ano more fully described as follows: BEGINNING at the southeast corner of a tract of land described in a deed to kichard W. Ragsdale, et al from Frank N. Martino, et al dated October 20 197S and recorded in Volume 759, Page 879 of the i L.R.b.C.T., said point also lying in the middle of a channel of Elm i Fork of the Trinity River, said point also lying in the coutu f boundary fine of said J. Clayton survey; T said HENCE north 870 41' lt" wrest along the south boundary line of passi Ragsdale tract ofutthebotractydeline of scribed inidOrdinance XXXXX of the present city li.nits and continuing for a total distance of I UU.62 feet to a point lying 41469.42 feet east of the southwest corner of said kdgsdale tract, and in the present city limits line for corner; I ; fhENCE north ~ passing at 725.U feet, more or less, the centerline of said him Fork channel, said centerline oeina an east boundary line ' of said Ragsdale tract, same being a west boundary line of the Second Tract of land described in a deed to W.L. Hodges et ai from George h'. Lcwtner et al dated January 149 1941 and recorded in f Volume 1950 Page 182 of the L. R.L.C.1.0 passing at 1,35U.u feet, mote or less, said center line of Elm Fork, some being the north boundary line of said Second 'tract, same tieing the south boundary line of raid Ragsdale tract a distance of 2,u29.U feet to a point for cornea; (HENCE north 330 34' 11" west a distance of 213b0.67 feet to a s point lying in the norm boundary line of said Ragsdale tract, said point lying 2,07:.U feet, more or less, east of the northwest corner of said Ragsdale tract, same being the south boundary :ine of a tract described In a deed to 5 M & R, from MichdeI C. Ramos, Trustee dated Narch 9, 1977 and recorded in 4olume 82S, Page 937 of the L.R.L.C.T. for corner; THENCE north 870 21' 1U11 west along the north boundary line of the said Ragsdale tract, same being tr.e south boundary line of said S N 6 k tract a distance of 834.66 feet to a point for corner; THENCE north 00 32' 3S" east, passing at 21400 feet, more or less, the north boundary line of said 5 M 4 R tract, said point lying 180U.0 feet east of the northwest corner of said 5 M $ R tract, same being the south boundary line of F. tract described i., a deed to Oliver A. Fields from Sid fcra et al dated May 3, 1937 and recorded in Volume 26S, Page 364 of the L.k.b.L.T., a distance of 3,441.53 feet to a point lying in the center line of F.N. 426 for corner; A-S1 tr a Page 2 '1'HENLE north :Q0 IU" east, passing at 607.66 feet, more or less the north boundary tine of said Fields tract, Saar' point being 1,97 feet east of the northwest corner of said i'ields trait, same being the south boundary line of Tract o described in a deed to R. H. Venable from Ms. Comette Woodrum et ;l dated October 16, 1959 and recorded in Volume 45U, Page oS5 of the L,k,u.L.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 at 2,720.19 feet to a point lying in the north boundary i line of said Venable Tract o, said point lying 2,119.bo feet east of the northwest corner of said Tract b, same being the south boundary line of Tract 3, described in said deed to R. H. Venable for corner, said point also lying iu the north boundary line of said J. Lamar survey and the south boundary line of said M. Nicbride survey; THENCE north 510 17' Ul" east a distance of 30672.29 feet to a point lying in trip north boundary line of said tract 3, said point lying 3,97U.0 feet west of the northwest corner of sali Tract 3, same being the south boundary line of a tract described in a deed to Ferman U. Smith from Lharlie hjay Aladdin dated May b, 19SS and recorded in Volume 4U9, Page 452 of the D.R.L.L,T. for corner; THENCE north 260 57' 52" east a distance of 10433,49 feet to a point lying it the north boundary line of said Smith tract, said point lying 4,620.0 feet ea3t of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to I Eagle Farms, Inc. from John W. Porter dated July 190 1979 and recorded in Volume 903, Page 734 of the L,k.D,C.T, for corner; THENCE north 80 3U' west, passing at 3,397.u8 feet, more or less, the north boundary line of said Cagle Farms tract, said point lyfag 651.65 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 A. Blakeley, Jr, et al frun Charles D. Hall dated January 10, 1966 and recorded in Volume 533, Page 434 of the L.k.L.C.T., 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 lying l,u4u.u feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to Bobby (j. Mcboweil et al from Daniel H. Evans et at dated December 1, 1977 and recorded in Volume 875, Page 7b3 of the D.k.1).L.'I.0 said point also lying in the north boundary line of the McBride survey and the south boundary line of the Tanzy survey for corner; THENCE south 890 13' east along said boundary and survey lines a distance of 249.05 feet to the northeast corner of said blakeley tract, some being the northwest corner of a tract described in a deed to E. L. hugnes et al from Scenic Joint Venture dated December 3U, 1986 and recorded in Volume 2,u62, Page 311 of the D.R.D.C.T.; THENCE south 890 061 2U" east continuing along said survey lines and along the north uoundary line of said Hughes tract a distance of 967,18 feet to a point fur corner; A-S1 .r i N Page 3 l THENCE south 80 3u' cast, passing 85U.u feet, more or less, the tooter line of said NicAinney Bridge Kd, continuing and passing at e of 2,700.') feet, more or less, the 25UtU teetda►astlfof thesasoutheast Hughey tract, said point lying corner of said tract, same being the north boundary line of a tract rdDaniel M. Mahoney ` described in a deed to L. M. Mahoney aetnA arlecforomed ` Re.ltors, Inc. dated January 3U, 1981 in t, Page 603 of the D.K.L.C.1.1 continuing and passing at Y3o,l3ur25a.e01,fe05e3, ` s 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, Inc a. tract, continuing and passing at 4,U75.0 an east feet I moe or oundaryrline ofSsaid haglenFarms, Inc. tract, and the west gboundary i b line of said h,arhoney tract, continuins and passing at 4,8U0 teet, more or less, the south boundary line of saki D. M. Mahoney tract, same being the north boundary line fet tract described in a1deedato U. U. Beaty et al from L. A. Beaty i al dated March ~U., 95U d total distaece 357, 5YU81.14bfeeo&' t t to aDpointLfor pcorand nercontlnuing I E roardeo in 1HENCh south 200 32' 30 west, passing at 9Uu.U feet, more or less, the south bounoary line of said beaty tract, said point lying 2,365.0 feet, more or less, west of the southeast corner of jaid tract, same being the north boundary line of a tract described in a deed to Charicie H. Townson from Reuben Cagle, Jr. dated January 13, 190 and continuingefor adtotalvdistance8I,W.S4 feet to airpoint for`cornea-, THENCE south 760 01' 3U" west a distance of 1,291.71 feet to a point being the northerly southwest corner of the remainder tract of said Townson tract, same being the northwest corner of a tract I described in a deed to the veteran's Land board of Texas from Patsy ' Johnson, Administratrix of the estate of Roy Miller Cagle, deceased, said point also lying in the east boundary line of 35.03 acre tract described in a deed to Radford A. Fuller et al from Reuben Cagle, dathe December guardian 8n 1975 tand1erecordedd in Volume NenniePaNi. Cagleodated D.R.D.C.T.9 for corner; THENCE south 40 28' west along the west boundary line of said Veteran's tract, same being e43east 454 boundary line of southwest scorner Uof acre Fuller tract, passing at said Veteran's tract, same being the northwest corner of a 5.993 acre tract described in a deed to Radford A. Fuller et al from Roy Lagle dated April 4, 1966 and recorded in Volume 530, Page 3b3 of the D.k.D.C.T. and continuing for a total distance of 1,136.40 feet to a point same being the southwest corner of said 5.993 acre Fuller tract, and a inner ell corner of said 35.043 acre Fuller tract, said point Aland lthegno the South ine boundary saideJ ~fLamard survey ~rfor survey, corner; THsouth 880 5U" east ENCE along e t being ou the boundary line of said 5.995 acre Fuller t r a c t sam nortn corner; and said survey of s fuller tract, nesa boundary disftance of li A-51 r ~I I Page 4 T'hENCE south 00 14' west along the east boundary line of said 3S.043 acre Fuller tract a distance of 135.Ub fee} to a point, same being the southeast corner of said 3S.043 acre Fuller tract, and being the northeast corner of a SL.U acre tract described in a deed to Olen L. Spencer from Cynthia Ann Bond Ables et al dated April 17, 1985 and recorded Volume 1616, Page 9U7 of the L.k.1j.C.1. for corner; THENCE north 880 31' 50" west along the south boundary line of said 3S.U43 acre fuller tract, same being the north boundary line of i said S2.0 acre Spencer tract a distance 1,250.0 feet to a point for corner; THENCE south 310 48' lb" west, passing 1,185.0 feet, more or less, the south boundary line of said 5i.U acre Spencer tract., said point ! lying 20096.71 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 et al from Roy T. Spencer dated November 1, 1977 and recorded in Volume 868, Page s69 of the U.k.b.C.T., continuing aria passing at 1,300.71 feet the south boundary line of said 7.157 acre Spencer tract, said point lying 2,152.62 feet, more or less, west of the southeast corner of said ! tract, same being the north boundary line of a 37.S acre tract described in a deed to Olen L. Spencer et al from Nennte Mae Cagle dated November 17, 1952 and recorded in Volume 384, Page 52 of the D,R,D,C.T., continuing and passing at 1,171.91 feet, more or less, G i the south boundary line of said 37.5 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, 1979 and recorded in Volume ; 99U, Page 3US of the D.R.L.C.T,, said point lying 2016U.U feet, more or less, west of the northeast corner of said Lynch tract, and continuing for a total distance of 2,907.04 feet to a point lying in the south boundary line of said Lynch tract, same being the north right-of-way of said F.M, 428 for corner; THENCE south U0 32' 35" west, passing at IOU feet, more or less the south right-of-way line of said f.M. 428, same being the north boundary line of a tract described in a deed to Perry Lee Barthold et al from C. f. Adcock et al dated January 24, 1978 and recorded in Volume 872, Page 413 of the U,R,L.C.I. continuing for a total distance of Z,U56.0 feet to a point lying in the south boundary line of said Barthold tract, said point lying 1,150 feet west of the southeast corner of said tract, same being the north boundary line of the First Tract described in a deed to W. D. Hodges et al from George h. Lowther dated January 14, 1942 and recorded in Volume 195, Page 182 of the D.R.D.C.T. for corner; THENCE south 330 34' 11" east, passing at 21791.63 feet, more or less, south boundary line of said First Tract, said point being 1,750 feet west of the southeast corner of said First Tract, same being the north boundary line of Second 'tract described in a deed to W, b. Hodges et al from George W. Lowther dated January 14, 1942 and recorded in Volume 2950 Page 181 of the .I. and continuing for a total distance of 3,58o.6 feet to a point for corner; THENCE south a distance of 2,37L.U6 feet to the Point of Beginning, and containing 567,3035 acres of lajW more or less, 1 F A-51 } r T- jr EXHIBIT B I FIELD NOTES i ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being ppart of the J. Clayton Survey, Abst. No. 221, J. Lamar Survey, Abst. No. 7S4, M. McBride Survey, Abst, No. 804 and more fully described as follows: 1 BEING a strip of land 100' in width and containing approximately 51.308S acres of land more or less, said 100' strip lying 50' on each side of the centerline described below; COMMENCING at the southeast corner of a tract of land described in a d•ed from Frank N. Martino et all to Richard W. Ragsdale et all dated October 2, 1975 and recorded in Vol. 1S90 Page 879 of the Deed Records of Denton County, Texas, said point also lying in the middle of a channel of the Elm Fork of the Trinity River, said point also lying in the south boundary line of said J. Clayton Survey; THENCE north 870 41' 10" west along the south boundary line of said Ragsdale tract and the south boundary line of said survey, passing the northeast corner of the tract described in ` Ordinance No. 85.197 of the present city limits and continuing r for a total distance of 1,000.82' to a point lying 4,469.41' east of the southwest corner of said Ragsdale tract, and in the present city limits line for corner; ' THENCE north 02° 18' SO" east a distance of SO.0' to the POINT OF BEGINNING THENCE south 870 41' 10" east SO.0' north of and parallel to the south boundary line of said Ragsdale Tract and the south boundary line of said survey to a point lying in the center line of said Elm Fork of the Trinity River; THENCE northerly along the centerline of said Elm Fork of the Trinity River, same being the east boundary line of said i Ragsdale tract, the west boundary line of the First Tract described in a deed from George W. Lother et ux to W. D. Hodges et ux dated January 14, 1942 and recorded in Vol. 2950 Page 182 i of the D.R.D.C.T. passing the northwest corner of said Hodges First Tract, and the southwest corner of the Second Tract as described in said Hodges deed, to the northeast corner of said Ragsdale tract, and the southeast corner of a tract described in a deed from Michael C. Ramos, Trustee to S M 4 R dated March 9, 1977, and recorded in Vol. 82S, Page 937 of the D.R.D.C.T., for corner; THENCE northerly continuing along the centerline of said Elm Fork same being the east boundary line of said S M 8 R tract, and the west boundary line of said Hodges Second Tract, the following 12 courses and distances, (1) north 320 43' 16" west, ` 310.94' ; (2) north 370 S6' 0" west, 603.50' , (3) south 88° 22' F O" west, 316.101; (4) south 710 06' 0" west, 268.S0'; I . i f field Fates Page 2 I (S) south 79° 571 011 west, 481.40' ; (6) north OS° 59' 011 west, 335.80'; (7) north 461 28' 011 east, 177,30' to a the northwest corner of said Hodge-4 Second Tract, and the southwest corner of a tract described In a deed from C. F. Adcock et ux to Perry Lee earthold et ux dated January 24, 1978 and recorded in Vol. 872, Page 413 of the D.R.D.C.T.; (8) north 21° 21' 01' east, 310.301; (9) north 040 S31 0" east, 194.101; (10) north 130 101 0'1 west, 254.70'; (11) north 44° 38' 011 west, 216.401 ; and (l2) north 21° 31' 0'' east, 449,30' to a the northeast corner i of said S M 8 R tract, said point being the southeast corner of a tract described in a deed from Sid Ford et ux to Oliver A. Fields dated May 3, 1937 and recorded in Vol. 265, Page 364 of the D.R D.C.T. for corner; THENCE northerly continuing along the centerline of said creek I same being the east boundary line of said Fields tract, the I west boundary line of said Barthold tract, the following 4 courses and distances, (1) north 331 30, 011 east, 870.00'; (2) north 350 301 O" west, 345.001; (3) north 070 01 0511 east, i, passing the northwest corner of said Adcock tract, and the II south right•of~way line of P.M. 42g right-of-way line of said F.M. 4280 and th0 passing e southwest tcorner rof a tract described In a deed from Patrick D. McQueen to Bill Lynch dated February 10, 1986 and recorded in Vol. 1881, Page 880 of the D.R,D.C.T. and continuing for a total distance of ` 430.00'; and (4) north 43° 3S' O" east, 504,001 to the northeast corner of said Fields tract and the northwest corner of said Lynch tract, and the southeast corner of Tract 6 described in a deed to R. H. Venable from Mrs. Comette Noodrum { et al dated October 16, 1959 and recorded in Vol. 450, Page 63S of the D.R.D.C.T. and the southwest corner of a 37.0 acre tract described in a deed from Nennie Mae Cagle to Olen L. Spencer dated November 17, 1952 and recorded In Vol. 384, Page 52 of the D.R.D.C.T., said point also lying in the north boundary line of said Clayton Survey, and the south boundary line of said Lamar Survey for corner; THENCE northeasterly continuing along the center line of said Elm ForK same being the east boundary line of said Venable Tract 6 and the west boundary line of said 37,0 acre Spencer tract, to the northwest corner of the remainder of the 37.0 acre Spencer tract, and the southwest corner of a 7.iS7 acre tract described in a deed from Roy T. Spencer to Olen L. Spencer dated November 1, 1977 and recorded in Vol, 868, Page 869 of the D.R.D.C.T. for corner; THENCE north 470 451 0011 east continuing along the centerline 1 of said Elm Fork same being the west boundary line of sold a 7.157 acre Spencer tract, and the east boundary line of said Venable Tract 6, a distance of 142.331 to the northwest corner of srtd 7,157 acre Spencer tract, and the southwest corner of a S9.1S7 acre tract described In a deed from Gregory Brian Bond .-r- - _ _ T 1 I Field ;votes Page 3 to Olen L. Spencer dated June 19, 1980 and recorded in Vol. 1022, Page 692 of the D,R•D.C,T. for corner; THENCE northeasterly continuing along the centerline of said Elm Fork same being the west boundary line of said 59.1S7 acre Spencer tract, and the east boundary line of said Venable Tract I e1 the252lI wing 7 courses aond distances, (1) north 470 4S' eas $18' east, 122)70no rth 80 31 eoast,~ 156,10'; (3) north north 34° I (4) north 63 47 east, 267.SDI; (S) 30 east, 259.8 ; (6) north 690 11' east, 540,80'; and (7) north 66° 46' S7" east, 355.78' to the northwest corner of said 59.157 acre Spencer tract, and the southw-:t corner of a tract described in a deed from Reuben Cagle, Jr, to Radford A. Fuller et ux dated December 24, 1915 and recorded !n Vol. 768, Page 973 of the D,R.D.C.T. for corner; THENCE northeasterly continuing along the centerline of said Elm Fork same being the west boundary line of said Fuller II tract, and the east boundary line of said Venable Tract 6, the following 12 courses and distances, (1) north S20 3S' east, passing the northeast corner of said Venable Tract 6, and the southeast corner of Tract 3, described in said deed to R, H. Venable, and the north boundary line of said Lamar Survey and the south boundary line of said McBride Survey, continuing along the west boundary line of said Fuller tract, and the east a boundary tine of said Venable Tract 3 for a total distance of 247,27'; (2) north 570 57' east 388.00'; 111 east, 321.00'; (4) north, 209,00'; (3) north 290 08' 424.00' ; (6) north 100 32' west, 209 0)01; (7 170 59' west east, 103.00' 13. north 170 3t 72° 18' east ~251~OOnorth 800 29' easo, 113,00'; (9) south (11) south 800 40' east (1285 00 th 70 01 east, 710 4 41 east, 224.73' to the northeast corner ofdsaid2Fullerttracts and the northwest corner of a tract described in a deed from H. B, 1 Bly, trustee to Charlcle H. Townson dated January 13, 1986 and recorded in Vol, 1801, Page 202 of the D.R.D.C.T, for corner; i THENCE easterly continuing along the centerline of said Elm Fork same being the north boundary line of said Townson tract, and the south boundary line of said Venable Tract 3 the following 9 courses and distances o ; ,I east, 46,20'; o , (1) north 15 55 30 s (2) north 32 46 30 east, 187,10'; (3) north SS 12 40 east, 141.40' (4) north 810 41' l0" east 339,30'; (S) north 790 40' X10" east 134.20'• (6) south 814 47' 10" east 339,30'; (7) north 790 40' 10" east, 134.2'; (8) north 64d 07' 30" east, 363.10'; and (9) north 480 4S' 40 east, 226.40' to the northerly northwest corner of said Townson tract, and the southwest corner of a tract described in a deed from L,A, Beaty to 0.0. Beaty dated February 18, 1950 and recorded in Vol, 357, Page 606 of the D.R,D.C.T, for corner; II{ f I I i Page 4 THENCE northerly said Elm continuing along the centerlfn- Fork same being the east boundary line of said Tract 06, and the wes t boundary l•ne of Venable passing the northeast corner of said Venablesaid Bea}ty a tndratchte, , So thearomcCharlie ~aa ttract described in a deed to Vol, 409, Page 452 OfythedD1R.D.CeT,Mto 6' 1955 and recorded In said Beaty tract, and the sot hw•- the northwest corner of In a deed from Daniel St corner of a tract described Mahoneyit), S. Royalty M Mahoney Realtors, Inc, to recorded in Vol, Join: Venture dated January 30, 1981 and 10581 Pagl 603 of the D,R,D,C,T.for corner; THENCE northerly c Fork slme being the on west balong the centerline of and the c est boundary line of said Elm courses andt dboundar fstancesltne of Bald Mahoney tract, said Smith tract the following 9 (2) north ISO 04r 1 5,+ (l) north 490 23, ~ F? no -e S drth t '25o 4908t ; (3) osrthw 400 lot a2 - northeast }corner of) sai of Tract l described Smith tract 4111 west' Passing the i Farms in a Deed from Johnte southeast corner ' I 734 Inc, dated July I9 1979 W of the D,R,D,C,To and' concinufn to Eagle and recorded in Vol. 581 ig~r~ (S) north !40 34' 26" east fo nd distanea PaOg{ b , ,o (6) north 270 and (8) Wort, blo',' 0i7l,' (7) north 88 4 13' 13" east ? 59 east, 525.1 323 131 S4" east, 311,03' to a Point 2S4,67 northwest corner of safd hlahane ying 434x43' {9) nort.h }}d SO th Termination, y tract for 010 f the 2057a A r i 1 z i i i ~ r i E L ' PLAN OF SERVICE tOR ANNEXED AREA, MY OF UENTON, TEXAS 1, Basic Service Plan A. Police Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, j will be pruvided on the effective date of annexation, ~l B. Fire I Fire protection by the present personnel and equipment of the the fighting force, will be provided on the effective date of annexation. C. Water/Wastewater Maintenance of public water and wastewater facilities will i begin within sixty (60) days after the effective date of s the annexation for all facilities required to be maintained by the City of Denton, D. Refuse Collection j Th:, same regular refuse collection service now provided E within the City will be extended to the annexed area within sixty (6U) days after the effective date of annexation. E. Streets 1. L•aiergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.), will begin on the effective date of annexation. 2. Routine maintenance on the same basis as in the present City, will begin in the annexed area on the effective date of annexation. 3. Reconstruction ana resurfacing of streets, installation of storm drainage facilities, construction of curbs and { gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the City. 4. Traffic signals, traffic signs, street markings, and other traffic control devices will ba installed as the need therefore is established by appropriate study and . traffic standards, F. Inspection Services Any inspection services now provided by the City (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation, i i y ~L f 1 Service Plan Annexed Area Page 2 G. Planning and Zoning The planning and zoning jurisdiction of titre City will ` extend to the annexed area on the effective date of I[ annexation. City planning will thereafter encompass the annexed area and a zoning designation for the property will be established. 1 H. Street Lighting Street lighting will be installed in the substantially developed areas in accordance with the established policies of the City. f ` i. Recreation r Residents of the annexed area may use all existing k recreational facilities, parks, etc., on the effective date of annexation. the same standards and policies liow used in the present (A ty will be followed in expanding the i recreational program and facilities in the enlarged City. i J. tlectrlc Distribution r ' ;r1 The City recommends the use of City of Denton for new electric power. h. Miscellaneous Street name signs where needed will be installed within I approximately six (b) months after the effective date of annexation. 11. Capital Improvements Program (CIP) I the CIP of the City 1s prioritized by such policy guidelines E A. Demand for services as compared to other areas based ! partly on density of population, magnitude of problems compared to other areas, established technical standards b and professional studies, and natural or technical re- straints or opportunities. t l B. impact on the balanced growth policy of the pity. C. Impact on overall City economics. The annexed area will be considered for CIP in the upcoming CIP plan. The annexation area will be judged according to the same established criteria as all other areas of the City. i r 91 f M p`♦o • t • t ♦ Yv ,J~♦: J, v r 4S dt' \4to y+\d OPV7 to I ~ ♦ ♦ err 1 1 + to ulr, 11 I f MLI f I Y f j '.n ~I.. 1 .7 ~./err ' I u.• IS 'I i'O.w Lx wl• ~ J 'q y1,r• ~T1E~If~M1`Of , ' 1 ~ Iy ~ rut I,r1 1 41 7i• . G i 1 / 1 ~ / ~iS~i I ! L.r. { '~ui1J it L.y~ •I r+/1. 1. /y~ • , 1fi,/t 5~4, nr., :+r., ~.nl.,~+ . 4 .I I r/!f ~~i• n.( - " Y{t i ii ~ti~' ro.w rcfrll Yw r! wi ~i r' + I ID ll l.r ~Uw Yr• bf1• 1 S~ 4°r cif %~~~1 i . ' AV 014 1 i~ -ul In.f 1♦'. ..1 It J. lil i. ''~11 .1 rl` 1 x1Y 1 ' r. J ` Ilf I I~~ 1 1'Y` dIJ II1r0 04 4 L1 Jr,. I' - .•rl:. e~i.~•J i~a ~i~a f L lol /1~f1 ern - e . IJOI:~ III.1 ~.T JI.f w.: JL, 1 i ly t,J4 Ij = r MriOf. y 1 . ' 11'M U N'r f4 'I :1.I: 1.. ,I J. II h ♦ 11 • rJ ' .yam I 4'r 1,l ° JJ 1* r11/ I r Y/.1,• Ir Jh I I I. ..I•Ir YJII ,IfY~ •+t ' a 'I• ~ ✓reJr /Jfi M1~. 4/ ~►~f MAI ' V x'In ~ e1 1 r•o-lr. /f Jy ,Ir 3 ~ J_ Y 1 ,1 I' 4 JIMIIiM i ♦y y h • J•l . ~ tT / r ~ p l µ ' IIf JJ 1111 J/. ' /.h IJh j uIK'' +4'~ •Irl/'•1 rh ~'rr I4Ah1~ l~~~~,t 1~yl-' r 14 uw ♦4'•~•'i •.I.YAf L.1.1/.1 J~i'•rll4.: wl If `S 1T •f~ f.1.• qua ,1 •Sl i~ rY ; 1 1~~1 r_LLT'„'1 +t, i• I 4 n1 r. ..rrY 1..1, )000f 1 11114 4'fIr n/• uh G . n -yri ~.'..rr, ri ♦i'-( 111 •~~1, f •114 ' 000 ' 1nY11^. P: It^j '^I r• •.J IIi ~tI. J ~~1 II Y n 1allhl ~Ili~ Y ♦•dl '111 ' i 1'J :rr~. •he.1• 1 rL.r •.Y• . I k 1• wlr l 0- ji InI 11 y 1 f 1 . fir'! o~ i~ ~i 3 t,~ :r r: r f I/M4//11/Y 1".• •ll 1 I A oat-, , r f..ui ~ Jug 11.~e .,J } 114 NA 11 I II Ib X01 L Lela r.l •I Y ! ! I /I A f t f.'!rf !:JJ itii 1!!Iy ~i,lt h1v • r rw F r ~ •S n1I 1 r r1'.. 1 1 I 1 N I Af,tND6D ANNl:XA'l1GN SCHI:LULh A-51 ! Uctober 2u, 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, 1987 City Council - first public hearing f November 069 1987 ?notice published in Denton Record Chronicle for second public hearing ! November 17, 190 City Council - second public hearing 4 i December U1 1987 ! ~ Planning and Zoning Commission makes recommendation , January 19, 1988 City Council institutes annexation January 24 0 198b t Publication of ordinance in Lenton } i Record Chronicle March 01 1988 ~ Final action by city Council , i r , f , i + a, r pc s; k s P 1 2 Minutes December 1, 1987 I'age lU III. CONSIDERATIONS A. Receive a report from the Parks and Recreation Depart- 0 regarding proposed Museum of Natural History/Fire operation. STAFF REYORTs Steve Brinkman, Director of Perks and ecreat or„ stated that an operating fare/museum of natural history would be located on the 27 acre Tripp { property located south of Evers Park, he said that there are two houses located on the property that would be used for the farm opperation. Ina staff is envision, Ing 2UU visits a week by general admission ana its for group use with an average of bU per day. He said that the 1rip,,s have offered a six year lease on the property and the city would look for a permanent site at the end of that time. i Mr. Holt asked how this idea cams about, Mr. Brinkman stated that a committee has been working on this for about two years. He said that they foond that the 7rlpps were Interested in leasing the property to the city for this use. Ms, Brock asked if he needed an action from the Commis- sion. Mr, Brlnk.~sn said that it was submitted to the Commission for suggestions, ideas, and thoughts, Mr. Holt felt that the farm concept was a good idea, Ms. Brock asked about the possibility of establishing the form/museum at Pilot Knob. Mr. Brinkman stated that they have talked with the Perot Group about the Pilot Knob area and indicated the city's Interest in the site, Ii Ms. Brock stated that this 1s a marvelous Idea and an attraction to Denton but seems a large and expensive 1 pro),ct to undertake, hr. Brinkman stated that the Cuuneil approved the concept If the project would be sell-supporting. DECISION: Mr. Claiborne moved to accept the presentation 'EMEe Darks Department. Seconded by Ms. Brock and motion unanimously carried (S-0). B.[ A•S1. Proposed annexation of approximately 587.3u35 ages of land being part of the J. Clayton Survey, Abstract No. 221; , Lamar Survey, Abstract No. 754t and M. McBride Survey, Abstract he. 801, STAFF REFORM Ms. Carson stated this is annexation of t 7e m or of the Trinity River, She said originally the ;ouncil requested that staff prepare annexation field notes for two separate parcels. Or„ a three and one-half mile tract approximately 1,000 feet In width at its nar- rowest point to cur ETJ limit, and then a two mile onnexa- ` tion from the three snd one-half miles 1 to the da Ray Roberts. During the process of a of Lake ` staff explained to the Council that tthelnewhstate glegisla- tion roqufres a city to annex a 19000 foot strip and In this case any narrower strip must be at the request of a property owner, She said that there were a number of prop- erty owners that did appear In opposi%ion to A•$I and 9.52 and during that process Mr. Frank Martino agreed to lu d an effort to contact the property owners and encourage them to do a voluntary annexation of a IOU foot strip along the him fork of the Trinity Rlver, the Council's intent is to con- trol water quality in this area and to do so by annexing the river all the way to the dim; however, the legislation i n 1, 2 Minutes December 2, 1987 Page 11 only permits the city to annex an area less than 1,000 feat a distance of three miles from their pre-existing city lim- it line. The City council, at its last pqubtic hearing, ac- cepted petitions by the property owners In the area for ■ 100 foot voluntary annexation. This would limit the city a to a three mile standard at this point and beginning next year, based on the legislation, the city could begin the annexation process to the lake. A-$2 -ss discontinued. the 1~i foot stripp an- Field notes are being prepared for nexation. Sts ff recommends approval of A-51 at the 100 foot width. i Mr. Holt asked if this annexation was related to the green, belt and Parks Department. Ms. Carson stated that the con- cept of the ggreenbelt has not been approved by the Corps of Engineers uhlch would be required before any additional ■c- quisitlon could be done. She said that the Utility Depart- meat has requested the Council to consider the annexation because of water quality Issues- Mr. Ellison stated that the greenbelt is still a viable option for the city- hr, Glasscock asked if the city would maintain the area within the 100 feet if annexed. Ms. Carson stated that ~ ~ the city would not maintain private Property but if dedi• cited as floodway easements then yes. The city will as- sume maintenance responsibility where portions of the annexation cross FM 128 in regard to the slopes on either side of the road. Mr. lime stated that the requirements from the Enviromentol Protection Agency and texas keter duality are becoming more i ry ✓1 stringent in monitoring water and requests a favorable recommendation. DECISION: Mr. Glasscock moved to recommend approval of A-51 as ■ IUU foot strip for a distance of 3 miles from the city limits. Seconded by Ms, Brock and motion unanl- mausly carried (S-0). 14. Adjourn to a study session in the Civil Defense Room to consider creation of a moderate node at the intersection of Colorado Boulevard ind Lakeview Boulevard, Ms. Riker arrived at the meeting. Mr. Claiborne called the study session to order, Mr, Ellison explained that the staff has reviewed the materials presented by RMa Realty, Inc, and determined that sufficient information was available to proceed with the study session concerning the creation of a moderate node at Colorado and Lakevie•+ Boulevards, He reviewed the history of the Original zoning request and explained that a Road Utility District was approved by the state legislature to finance the construction of the major thoroughfare. Brad Stevens, representative of RMB Realty, Inc., explained that this is the only RUD created by the legislature and would assist the developers in meeting the concerns of the city that Lakeview Boulevard be completed from U.S, Highway 180 to IH-76. Ms. Carson discussed the policy change procedure with the Commission. She explained that following the study session the Commission would make ■ recomm^,r.dation to City Council, The moderate node would require a.p.:v■t by the City Council to be included in the Development Guide, i J JI ~r I i I E ` t F i v f~ 3 i j I J I 1 1 1 S1 1 ~a I~ 1826L i { ` NO. i AN ORDINANCE REPEALING SECTION 21-13 OF ARTICLE I OF CHAPTER 21 (STREETS AND SIDEWALKS) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; ADDING SECTIONS 21-15 THROUGH 21-19 TO ARTICLE 1 OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TO PROVIDE FOR BUILDING, HOUSE AND APARTMENT NUMBERING= PROVIDING FOR A PENALTY CLAUSE= PROVIDING FOR A SEVERABILITY CLAUSE: AND PROVIDING FOR PUBLICATION AND AN E:FECTIVE DATE: THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: I! I SECTION I. That Section 21-13 of Article I of Chapter 21 of I the Code of Ordinances of the City of Denton is hereby repealed in its entirety. SECTION II. That the Code of Ordinances of the City of Denton is hereby amended by adding a section, to be numbered 21-150 which said section reads as follows: } Section 21-15. House numbering. r House numbers shall be public property and shall be sub- ject to change by the city, with or without notice, at the discretion of the City Council. it shall to assign b the the duty of the proper numbers for l houses Inspection upon t appliDcation~ t adding Ordinances of the City of SECTION III. hendedh Code of numbered amended 'j Denton is hereby 21-16, which said section reads as follows: Section 21-16. Owner or Occupant to lace numbers. The owner of occupant of every house and building in the city shall place the street number assigned by the Build- ing Inspection Division in some conspicuous place on or near such house or building so thht the same may be plainly seen from the street. The high rand shallbbeSmade olf some brighttmetaleor( a'terial. SECTION IV. That the Code of Ordinances of the City of Denton is hereby amended by adding a section, to be numbered 21-17, which said section reads as follows: I ~ti i I Section 21-17. Baselines. k` (a) Hickory street and its continuation by imaginary line through the city from east to west, and Locust Street and its continuation by imaginary line through the city from north to south are hereby established as the base lines from which all houses and buildings in the city are to be numbered. (b) The letters N., E., S., and W., indicating the four cardinal points of the compass, shall be added as a prefix to the names of all streets, avenues and thoroughfares in the city, as their direction from the base lines may indicate. (c) All houses and buildings shall be numbered from the base line of the street on which they are located, out such street to the corporate limits of the city, f or to the terminus of the street, in regular order, the even numbers on the right side and the odd numbers on the left o: such street. } SECTION V. That the Code of Ordinances of the City of Denton is hereby amended by adding a section, to be numbered 21-18r which said section reads as follows: y i Section 21-18. Blocks. 3 (a) Three hundred (300) feet is hereby designated as a block, and one hundred numbers shall, if practicable, s be placed in each block. i (b) As the blocks progress in distance from the base line, the beginning number shall be raised one hundred (100) with each block. (c) The one hundred block of North Locust Street shall begin at the north side of the intersection of Locust and Hickory Streets. The one hundrcd block , of South Locust Street shall begin at the south side of the intersection of Locust and Hickory Street. (d) The one hundred block of East Hickory Street shall begin at the east side of the intersection of Hickory and Lorust Streets, The one hundred block of West Hickory and Locust Streets, of the section Street shall of Hickory begin inter PACE 2 1 ~i i SECTION VI, That the Code of Ordinances of the City of Denton is hereby amended by adding a section, to be numbered 21-191 which said section reads as follows: i i Section 21-19. Identification of apartment buildings (2) When more than one apartment building is located on a lot or tract of land, each building shall be identified by a permanent number attached to the exterior wall. The size and location of such numbers shall be such that they are clearly visible and readable from the street or driveway serving the building, 1 (b) New apartment complexes of two or more buildings and existing apartment complexes of two or more buildings which are not presently numbered shall have numbers I at least ten (10) inches tall. Such numbers shall be of a contrasting color to that of the surface on which they are mounted. (c) Existing apartment buildings which already have identifying numbers may be allowed to continue to use those numbers if they are judged by the Chiefs of the Police and Fire Departments, or their appointed designees, to be clearly visible and readable from the street or driveway serving the buildings. (d) The owner or manager of apartment buildings with identifying numbers shall request an inspection cf the buildings to determine if the numbers are visible and readable from the street and driveways serving the building(s) by notifying the City Build- ing Inspection Division within twenty (20) days from the effective date of this ordinance. SECTION VII. All existing apartment buildings shall comply with the requ rements of this ordinance within ninety (90) days from the effective date of this ordinance, SECTION VIII. That if any section, subsection, paragraph, sentence, c ause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PAGE 3 is SECTION IX. That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not to exceed Two Hundred Dollars ($200.00) ; and each day that a pro- vision of this ordinance is violated shall constitute a separate and distinct offense. This penalty is in addition to and cumu- lative of, any other remedies as may be available at law and equity. SECTION X. That this ordinance shall become offective fourteen (14) days from the date of its passage, ant. the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten 110) days of the date of its passage. PASSED AND APPROVED this the day of , 1988. 4 i I B 4 RAY STEPHENS, MAYOR ATTEST: i a JENNIFER WALTERS, CITY SECRETARY r. APPROVED AS TO LEGAL FORM: t DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 9 PAGE 4 a 1,~, r: :f M , a wry of DENTON, TEXAS 215 E. WKINNEYI DENTON, TEXAS 76201 /TELEPHONE (817) 566.8200 MEMORANDUM 9( DATL: December 29, 1987 10: Rick Svehla, Deputy City Manager FROM: Jackie Doyle, Building Official ' SUBJECT: Amendments and addition to house numbering ordinance The primary purpose of the attached ordinance amendment is to provide identification numbers on apartment buildings in order s' that emergency personnel can respond to calls more quickly, The police and fire chiefs have reviewed the proposed apartment building numbering ordinance and both recommend adoption. Other sections of the proposed ordinance indicate minor changes to the existing ordinance to more accurately indicate how addresses have been assigned for the past nineteen or more r years. 1 Jac kle Doyle 03631 ~ t rrF' f 4 [4 t a Jj f C 1 y a t 1 ~P L, rqr, v 1 , , a' Current Ordinance See. 31.13. Howe namMring. Howe numbers declared public property. House numbers y shall be public property and shall be subject to change by the city, with or without notice, at the discretion of the city council. - 1 Engineering department to assign numbers. It shall be the duty of the engineering department to assign the proper numbers for houses upon app ' 4 F 'i A complett, current record of the numbering of all houses j and buildings in the city shall be prepared by the city engi. Building insp. Div. near and filed in the office of the city secretary ae a public Las assigned house record numbers for at least :4 years. Owner or occupant to plate numbers. The owner or occu• pout of every house and building in the city shall place the R street number assigned by the engineering deportment In some conspicuous place on or near such house or building so that the same may be plainly seen from the street. The house numbers shall be at least three (8) Inches high and shall be made of some bright metal or material. Base Used. Hickory Street and Its continuation by imaginary line through the city from east to west, and Locust Street and its continuation by Imaginary line through the city from north to south are hereby established as the base lines from which all houses In the city are to be numbered. Directional prefixes. The letters N., E., S., and W., indi. eating the four cardinal points of the compass, shall be added as a prefix to the names of all streets, avenues and thorough. fares In the city, as their direction from the base lines may indicate. Numbering from bass tints. All houses and buildings shall be numbered from the but line of the street on which they are located, out such street to the corporate limits of the city, or to the terminus of the street, In regular order, the even numbers on the right and the odd numbers on the left of such street. Blocks. Three hundred (800) feeds hereby designstsd as a block, and one hundred numbers shall, if practicable, be placed In each block. As the blocks progress in distance from the bane line, the beginning number shall be raised one hundred (100) with each block. y public Square. The north, south, east and west sides of the Public Square in the city are hereby designated, respectively, u North Court Square, South Court Square, East Court Square and West Court Square. Buildings on the North Court Square shall begin to be numbered it the northeast corner of said square and proceed Proposed change west more accurately Buildings on the South Court Square shall begin to be indicates how I numbered at the southwest corner of said square and pro. numbers have been Geed east assigned in the past, Buildings on the East Court Square shall begin to be numbered on the southeast corner of said equate and pro- ceed north, Buildings on the West Court Square shall begin to be numbered on the northwest corner of raid square and pro- ceed south, (1959 Code, Art. 14.12) k ; 1 i 1 NEW SEC. 21-19 will aid Police and Fire Department personnel in locating apartment buildings within complexes having more than one building. i i t f4 i 4 f ~ 1 Y I ` I 1 7 i G 1 1 r i r t 4 i 1586L i NO. AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR HEALTH SERVICES1 AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: E SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, an interlocal cooperation agreement between the City of Denton and Denton County for health services under the terms and conditions be_ng contained in said agreement which is attached hereto and made a part hereof. r SECTION II. That this ordinance shall become effective immediately upon its passage and ~pprovai. PASSED AND APPROVED this the day of , 1968. i { RAY STEPHENS, MAYOR i ATTEST: { JENNIFER WALTERS, CITY SECRETARY f APPROVED AS TO LEGAL FORA: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY: i y ILI I i STATE OF TEXAS COUNTY OF DENTON 1NTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF DENTON AND HEALTH SERVICES Whereas, the Denton County Commissioners Court, Pursuant to Article 4436b, "Local Public Health Reorganization Act," V.T.C.S., has organized the Denton County i Health Department, hereinafter referred to "Department"; and Whereas, the Denton County Commissioners court has designated Dr. W k . H. Cripe, a licensed physicles, as director of the Department and Health Authority for the County; and Whereas, Denton County and the City of Denton, Texas, mutually desire to cooperate In provldin3 public health services to the citizens of the City of Denton, y Texas and Denton County, Texas, and Whereas, Intrr)ocal Cooperation Agreements between counties and incorporated ' municipalities to provide public health services are authorized by Article 4413(32c) and Article 4436b, V.T,C,S.; NOW, THEREFORE, Denton County, Texas ("County") and the City of Denton, Texas, a Municipality located within Denton County, Texas ("Municipality"), hereby enter i Into this Intertocal Cooperation Agreement for Health Services and mutually agree upon the following terms and conditions: 1 The effective date of this agreement Is October 1, 1987, and this Agreement shall automatically terminate on September 30, 1988 unless extended or renewed by written agreement of the parties. 1 i I I l R I u. For the purposes and consideration stated herein, Denton County, through the Department, shall provide the following public health services for the citizens of the Municipality to the maximum extent authorized by this agreement, without regard to race, religion, color, age, or national origin; to wit: (1) Environmental Health Services r including restaurant and grocery store inspections, septic system ;..;,ections, food handier j1S E I health card Inspections, swimming poo: Inspections, water well inspections, day care facility Inspections, school Inspections, foster home inspections, rabies inspectionv, citizen complaint review, and ail necessary administrative services; (2) Clinical Health Services t I ~ Including Immunizations and Injections including i;lR, Gamma Globulin, Yellow Fever, i { Cholera, Typhoid, well-child clinic, prenatal clilnic, venereal disease clinic, T8, diabetes, lice, blood pressure, and allergy screening, and all necessary administrative services, Ill. The Munlelpality hereby designates Dr. W. H. Cripe, o. his successor as Director of the Department, as Health Authority within its jurisdiction and authorizes Dr. Crlpe and the Department to administer and enforce all state statutes and local ordinances I pertaining to public health within its jurisdiction and the Health Department specifically i agrees to enforce the provisions of the Smoking Ordinance No, 86-69 and such other ordinances adopted by the City Council of Mur,icipallity. The Authority and the Department shall not exceed Its authorized budget to enforce local ordinances, IV. The Municipality agrees to pay the County for the full performance of this agreement the total sum of Seventy-nine Thousand Four Hundred Seventy-four Dollars ($79,474.00) payable as follows: $39,737.00 on or before January 1:1988 (represents payment for two quarters) ; $19,868.50 on or before April 1, 1988; and $19,868.50 on or before July 1, 1988. 2 y V. The County agrees to utilize all sums received from the Municipality and all sums received as fees for services solely to provide the above-described public health services through the Department. The County agrees to assess fees for services according to a uniform schedule throughout the County and shall not deny clinical health services because of inability to pay. V1. The undersigned officers hereby certify that they have been properly authorized to execute this agreement on behalf of the parties hereto and that all necessary z resolutions or orders have baen duly adopted. EXECUTED in multiple originals on the day of f968 r DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS i F Q By: By: a Honorable Vic Burgess Honorable Ray Stephens County Judge Mayor Denton County, Texas ATTESTS A . T EST; BY: BY: R Marilyn Rob!nson, County Clerk City Secretary j APPROVED; j DR. W, H. CRIPE S APPROVED AS TO FORM AND CONTENT: S ~ 1 Rob Morris 1 DENTON COUNTY ATTORNEY 3 8 i P D CITY of DENTON# TEXAS 215 E. MCKINNEYI DENTON, TEXAS 76201 /TELEPHONE (817) 5668200 I j~ i M E M O R A N D U M DATES January 11, 1988 TO: Betty McKean, Executive Director for Municipal Services and Economic Development w FROM: Paulette Owens-Holmes Program Administrator 1 SUBJECT: COUNTY HEALTH DEPARTMENT CONTRACT RENEWAL i At the January 19 City Council meeting, we will present the County Health Department 1987-88 contract for environmental and clinical services for { approval. This is a routine contract and identical to the agreement approved by Council last year. The new fee assessment of $79,474 however, represents a nineteen 119) percent increase over last year's assessment of $66,742. According to County officials, the increase is the result of an anticipated forty-four 144) percent revenue shortfall. In addition, the proposed fee i assessment is an additional $ 9,474 than the approved budgeted amount of $70,000. I Staff and council members have previously expressed concerned regarding the fluctuating increases in fee assessments for health services, specifically for the fiscal year 1986-87. As a result, the County Health Department Task Force 1CHDTF) was formed to explore the feasibility of forming an in-house health services unit. The CHDTF recommended however, that we continue to j contract with the county unless we are dissatisfied with the level of services or determine that it is no longer cost effective. R . y 3 4 F I~ a a v YV J ^ -WA McKean, page 2 In light of the CHDTP findings, the new fee assessment of $19,742 is cost effective. This assessment however, would require the City to pay an j additional $ 9,142 than the approved budgeted amount of $70,00. Nonetheless, it is the recommendation of staff to approve the County Health j Department contract for environmental and clinical health services for the 1987-88 fiscal year. 'I If you have any questions or concerns, please feel free to contact mer i I Paulette S-Holmes i a j i f -s h ; I i 1 i I ! i i P i. r r f,Y g rTj t z f f ~ j 9 A i 3 r i j 1 S LIL r 6A 2180L i 1 NO. 1 AN ORDINANCE APP?0VING AMENDMENT N0, I TO AN AGREEMENT FOR f DESIGN ENGINEERING SOURCES BETWEEN THE CITY OF DENTON AND BLACK F VEATCHt AND PROVIDING FOR AN EFFECTIVE DATE. I t THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby author zed and directed to execute and attest, respectively, Amendment No. 1 to the Agreement for Design Engineering Sources between the City of Denton and Black 6 Veatch under the and conditions being contained in said agreement, which is attached hereto and made a part hereof, s v ; j SECTION II. That this ordinance shall become effective { immediately upon its passage and approval. 1988. PASSED AND APPROVED this the day of r r# RAY STEPHENS, MAYOR f ATTEST: " JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY j Sly.-~=--- ! BY. y , 'j January 19, 1988 CITY COUNCII. AGFNPA ITEM TO: MAYOR & MEMBFRS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager i RE: CONSIDER ORDINANCE APPROVING AMENPMFNT NO. 1 TO AN AGRFFMFNT FOR PESIGN FNGINFERING SOURCES BFTWFFN THE CITY OF DENTON AND BLACK 6 VEATCH; AND PPOVIDING FOR AN EFFECTIVE DATE, (LFWISVILLF HYPROFLECTRIC PROJFCT) RECOMMENDATION: The Public Utilities Board, at their meeting of November 9, 1987, recommended to the City Council release of Black & Veatch to begin engineering and preparation of plans and specifications for + the installation of the Lewisville Hydroelectric turbine and associated auxiliary equipment. It is also recommended that the maximum amount of the contract concerning Design Fngineerinp be increased from $241,000 to $279,830 and the maximum amount for Resident Engineering and Engineering Completion Services be I increased from $100,000 to $113,220 for a total of $393,050 due to the 33 month slippage of the schedule. SUMMARY: The City of Denton has been in the feasibility, engineering and preliminary design stages for a 28OOKW hydroelectric turbine for Lewisville Lake since 1981, Denton was issued a construction license by the Federal Enerpy Regulatory Commission for the project in 1984. A condition of the license is that construction must begin within two (2) years from the date the license is issued. A two year extension was approved which shifted the mandatory construction start date to March 1988, Construction must begin by this date, or Denton is in jeopardy of losing this license. The consulting engineering firm of Black and Veatch, Kansas City, MIssouri, has been employed by Denton during the preliminary design stage, and is under a contingent contract executed July 18, 1984, to perform the full construction design pending Denton's approval to proceed with the project. Award of a contract to purchase the turbine will re'%ase ?lack & Veatch to begin design engineering. The original engineering contract maximum amount was based on the manhours estimated to complete the work by the fall of 1986. Because of the delays associated with the project, the present schedule to complete the installation is June 1989, This 33 month slippage in the completion time and the nverrll employee compensation increases, plus the rebid of the turbine are the reasons for the increase in the total amount of the contract. i j Page 2 3 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: ' Denton Municipal Utilities, Water and Seuer Cost, TMPA and citizens of Denton. { FISCAL ' This project is in the approved Five Year Capital improvement Plan. Estimated total cost of the project is $3,SOO,OOO. 1 Respe ulll/y submitted, U l o arre t anager I Y ` 7 Prepared by: v r i U OOs~ttU-l Electric Utilities j k Approved by: Ile e son, xecut ve rector Department of Utilities from Black 6 Veatch EXHIBIT 1 Letter 11 p118 Minutes of November 9, 1987 III-A Ordinance III QtiginalContract 1984 TV Amendment 11 to Bf,V Contract rt for Lewisville Hydroelectric Project E i - { t I' S135U:8.9 i I RECENE7- ? X87 BLACK 8+ VEATC H ENGINEERS-ARCHITECTS M. (9131339-2000 NO MGA DOW IARI PARA WAY MA&INO ADORSSS R0. 601 NO. 4403 R A NSAS CITY, WSSM RI 64114 City of Denton, Taxes B&V Project 10566 Lewisville Hydroelectric ProJcct 66V File 11.0200 Engineering Agreement November 91 1987 iE I City of Denton municipal Building 215 East McKinney Denton, Texas 76201 Aeuntiont Mr. E. B. tulloe Director of Electric Utilities Centlemenl , This letter addressee the status of our 1984 Enginaering Servicee Contract f for the subject project. This letter supereedes our letter dated December ~II 22s 1986 on this same project. I, The not-to-exceed amounts in our contract were based on the engineering i work being completed in 1985 and construction completed in the fall of ! 1986. The current schedule, based on an early-December authorization, j results in the project completion slipping approximately 33 months from Octobers 1986 to June, 1989, A corresponding slip In engineering has occurred plus engineering activities have been added to rabid the turbine-generator and support the project during the delay. Therefore, Black 3 Veatch requests an adjustment to the not-to-exceed figures. The current contract amount is 934100006 Escalation for the scheduled delay is based on actual annual salary adjustment for 1986 and 1987 and projections for 19880 respectively, of 4,89 4.5, and 4.5. Accordingly, the adjusted best contract amount would be $3860054. In march, 19871 the City authorized 361993.39 to support the rebidding of the turbine-generator. This amount added to the adjusted base contract increased the total adjusted contract amount to $3910047.39. Black 6 Veatch has also reviewed the deferred compensation for work completed. Our total deferred compensation is $34/649.23. These costs were incurred during the original bidding of the turbino-generators and prior to the Narchs 1987 supplemental authorization. Sased on the agreements reached in our letters of December 100 19841 January 170 19831 and July l7, 198S the deferred compensation is due on project H1BITe.1 / EX :1 ~X e L A C X e V C A T C H City of Denton 2 DdV Project 10366 Nr. E. Be Tullos November 90 1981 authorisation. Thus deferred costs however are included in the total adjusted contract amount. We request that you adjust our nos-to-exceed limit to $393,030. i If additional comments are required, pleas do not hesitate to calf. urs, Qa Ar.Cu Dat vdr 1 Enclosur e. p cef RM, i t t 4 3 t 9 ~i y f 1 i 9 F { ~pp C Y li I I I it I EXCERPT MINUTES PUBLIC.'UTILITIES BOARD November 9, 1987 ` i I i t CONSIDER LEWISVILLE HYDROELECTRIC PRO>ECTe fJelson updated the Board on the Present sit with the I Lewisville Hydroelectric Project. He stated the eventafter Denton's trip to Garland two weeks ego, the Garland City Council has again pThute ofCltfyvot'aoingpinionon thethat leTfs1PAtheAAmendmsrttmendment andilltelrecs l et1i1 pending. { weive a favorable 3 vote from the Garland group. however, the Staff has decided i Denton must proceed with this project. Under the FERC License Issued to Denton, construction must begin by March 1988, or Denton Is In jeopardy of losing this license. It Is hoped the project will be I operational by the summer of 1989. The City needs to get underway with the engineering In order to get construction underway by March 1989. Tullos stated Denton is negotiating with the bidder, who wants some price relief due to the many months of slippage in this contract. LeForte questioned as to what recourse Denton would have In the event TI4PA does not let us use the hydroelectric project. Nelson gave the following three scenarlost a) Denton feels the amendment will be passed, b) TMPA could declare a project between now and 1-1/2 years from now. Denton can decline participation and take another avenue. Before allowing Derton to do this, TMPA would probably be willing to approve the amendment, or c) Denton could sell the project and recover the capital Investment. EXHIBITf... e _T . t ~ fJelaon }urthrr eteted Chet the Power costs ere eetlmeted to bej6.006 Itnsnclalfy Bound In that Return on fnveetment to removed, ~~WyyHtoW~ich~iel}very comPetit fve. ' Harrel! indlceted hs would tike to tats tht: item beck to the Council eo Qentan can gat !t weapped up, but approval on the amendment by TMPA wont happen before the December meeting of the Beard. If Denton doesn't qee elected, time will run out, The Board asked if Qenton needed to recommend QomEnlon Bridge for City Counclt approve! slao atilt beck out? fVeteon eteted oncAlf~aat what point can Qanton . without cancslfytlon charges, g ~ Qenton cant back out ~ ' ~ Estimated coat o} project , 0,500,000. I Chew mode a motion to recommend to the Cfty Council thst Dentonr e. AwarJ a contract to Qom hydroelectric turbine. inton Bridge-Suleer for the D. Releue Bieck dr Veatch to begin engineertnq end preparation 3 of plena end hYdr'oetectrlc turbEnelelndt~aeoclated ~uxfllary alqulpmene } thL c. Contint» to work with the Cittea o! Cariarx} and Creenvllle end the TMPA 9oard to approve the amendment to the TMPA Power Sates Arlreement. d~ Conclude the ongoing ectivlttea o} getting en agreement with the Clty of Qatlea for the non-consumptive right to the water , discharge from Lewlwllle end sn non-consumptive water rfghte permltp}romot~he Texas Wafter Commisefon, and an Interchange point agreement with Bretoa Electric Cooperetlve end possibly OentonEfectrte Cooperetlve. l S~ond by LeForte. All eyes, no nsya, motion carried. f Alter the vote, Tulfoa advlred the L'oard that the Ray Roberti Beard meythavel ton on Eder tAla aoon.t The atartrde aht~/9891i one' and the 90. I ~ i I ti -r T r MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) SU-8200 crrnof DENTOM, TOW f MEMORANDUM DUpLIC TO: CHNUM-M ALLMs C1 1Y SBCAEfARY A l tz R. E. Nelson, Director of Utilities FROM. DATE: March 49 1985 ! with Black & Veatch- Lewisville Hydroelectric Project. RE: Contract Attained please find the original contract with Black 6 Veatch, on the Lewisville Hydroelectric Project Contract Engineering Serv ices for filing with f the official City records. r. ct y Director of Utilities y eR. so S i q~ }s gcr Attachment; B&V letter cf 2/22/BS $ subject contract ExHiBrr.1foo t r B L A C K & V E A T C H TEL. IL131967.20pp ENGINEERS-ARCHITECTS TELEX 42.6263 i ! iWO MEADOW LAn! PARKWAY I MAIINp ADORlSl: AO. aOx NO. a.a ~ KANSAS GT'I, MIlSOUR NNA City of Denton B&V Project 10566 Lewisville Hydroelectric Project BSV File 11.0201 Contract Engineering Services February 22, 1985 I i City of Denton Municipal Building 215 East McKinney Denton, Texas 76201 , Attention: Mr. R. E. Nelson Gentlemen: Accompanying this letter are the executed original and a copy of the subject contract. We appreciate this opportunity to continue to serve you on this project. r Very truly yours, 4 BLACK b VEATCH R. M. Ellis DFG:slo Enclosure S 1 4 j i i 1. t f i I~ i ti { AGREEMENT FOR +I DESIGN ENGINEERING SERVICES BETWEEN 2 CITY OF DENTON, TEXAS E AND BLACK do VEATC11. ENGINEERS-ARCHITECTS July 18, 1984 x I J , l+ i d r i ' CONTENTS ARTICLE 1.0 - SERVICES TO BE PERFORMED BY ENGINEER ARTICLE 2.0 - TERM OF AGREEMENT ARTICLE 3.0 - COMPENSATION ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF ENGINEER ARTICLE 5.0 - OPINIONS OF COST AND SCHEDULE ARTICLE 6.0 - LIABILITY AND INDEMNIFICATION ARTICLE 7.0 - INDEPENDENT CONTRACTOR x ARTICLE 8.0 - COMPLIANCE WITH LAWS ARTICLE 9.0 - INSURANCE ARTICLE 10.0 - OWNER'S RESPONSIBILITIES ARTICLE 11.0 - OWNERSHIP OF DOCUMENTS ` ARTICLE 12.0 - TERMINATION OF AGREEMENT % ARTICLE 13.0 - NONDISCLOSURE OF PROPRIETARY INFORMATION ARTICLE 14.0 - NOTICE 1 ARTICLE I5.0 - UNCONTROLLABLE FORCES ARTICLE 16.0 - GOVERNING LAW ARTICLE 17.0 -MISCELLANEOUS ARTICLE 18.0 - INTEGRATION AND MODIFICA110N ARTICLE 19.0 - SUCCESSORS AND ASSIGNS i i 1 k; S I AGREEMENTFOR DESIGN ENGINEERING SERVICES THIS AGREEMENT, effective the If.. day of .C /f by and between the CITY OF DENTON, TEXAS, (hereinaf Per referred to as Owner), and BLACK & VEATCH, ENGINEERS-ARCHITECTS (hereinafter referred to as Engineer), a partnership with principal business offices at Kansas City, Missouri. I WITNESSETHr WHEREAS, Owner plans to design, construct, and operate a new hydroelectric generating sta- tion known as Lewisville Dam Hydroelectric Project (hereinafter referred to as the Project); and, WHEREAS, Owner requires certain engineering services in connection with the Project (herein- after referred to as the Services); and, I WHEREAS, Engicocr is prepared to provide such Services. NOW THEREFORE, in consideration of the premises and the mutual covenants herein con- tained, the parties hereto agree as follows. , ARTICLE 1,0 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment 1.0, Scope of Services, which is attached hereto and Incorporated by reference as part of this Agreement. ARTICLE 2.0 - TERM OF AGREEMENT The term of ft Agreement shall begin on the effective date and end one year after perform- ance of the Services. ARTICLE 3.0 - COMPENSATION Owner shall pay Engineer in accordance with Attachment 2.0, Compensation, which is attached hereto and incorporated by reference as a part of this Agreement. ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF ENGINEER Engineer shall exercise the same degree of care, skill, and diligence In the performance of the Servt:es as is ordinarily provided by a professional engineer under similar circumstances and Engl Leer shall, at no cost to Owner, re-perform services witch fait to satisfy the foregoing standl:d c f performance. Except as may be required in Attachment 1,0, Scope of Services, Engineer shall not be respon- sible for construction means, methods, lochnlques, sequences, or procedures, or for safety `r precautions and programs In connection with the Services. In addition, Engineer shall not be responsible for any contractor's, subcontractor's, vendor's, or other project participant's failure to fulfill their contractual or other responsibilities to the Owner. In no event shall Engineer be responsible for any contractor's, subcontractor's, vendor's, or other project participant's failure to comply with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. f ARTICLE S.0 -:OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished. by others, or over contractors', subcontractors' or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's cost estimates shall be made on the basis of his experience and qualifications and shall represent his best judgment as an experienced and qualified professional engineer, familiar with electric utility projects. Likewise, since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the buds of his experience and qualif t- I cations and shall represent his best Judgment as an experienced and qualified professional engi- neer, familiar with electric utility projects. E Engineer cannot and does not guarantee that proposals, bids, or actual project cost will not vary from his cost estimatcs or that actual schedules will not vary from his forecast schedules. ARTICLE 6.0 - LIABILITY AND INDEMNIFICATION 6.1 General. The Owner and Engineer have considered the risks and potential liabilities that may exist during the performance of the Services and In consideration of the promises included herein agree to allocate such liabilities in accordance with this Article 6.0. Words and phrases used in this Article shall be interpreted in accordance with customary Insurance industry usage and practice. 6.2 Professional Liability. Engineer agrees to defend and indemnify Owner from and against legal liability for damages arising out of the performance of professional engineering services for Owner where such liability Is caused by an error, omission, or negligent act of Engineer or any person or organization for whom Engineer is legally liable. 63 Other Liability. Except as provided in subarticte 6.2, Professional Liability, dealing with liabilities associated with the performance of professional services, Engineer agrees to defend and indemnify Owner from and against legal liability for damages because of bodily isdury or property damage caused by an occurrence arising out of Engineers performance of the Services. 6.4 Defense of Claims and Owner's Indemnity. In the event a claim for damages arising out of the performance of this Agreement is made against the Owner alleging contributory or concur- rent negligence of both Engineer and Owner, Engineer agrees to defend Owner against such claim. In such event, Owner agrees to indemnify and reimburse Engineer a pro rata share of all ex- penses of defense and any Judgment or amount paid by Engineer in resolution of such claim where such pro rata share is based upon the final judicial determination of negligence or, in the absence of such determination, by mutual agreement. In addition, Owner agrees to defend and Indemnify Engineer from and against damages arising out of Owner's sole negligence. 6.5 Employee Claims. Engineer agrees to indemnify Owner against legal liability for damages which is the result of claims by Engineers employees. Owner agrees to lndemnify Engineer against legal liability for damages which Is the result of claims by Owner's employees. f I 6.6 Lirnitatiolts of Liability. Engineer shall have no liability for special or consequential dam• ages including, but not limited to, lose of equipment use, loss of profits, cost of capital, cost of replacement power, or similar damages. In addition, Engineer's liability shall not exceed Engi- - neees available insurance coverage for such liability and Engineer shall have no liability after two years following performance of the Services. 6.7 Remedies. Owner's rights and remedies set forth In this Agreement are exclusive and Engi- neers liabilities are limited as set forth herein whether based upon contract, tort (including I negligence), or otherwise. i Article 6.0 6.8 Other Owner will *tct Participants protect the Owner's into contractuual, arrangements with other Project ral participants in order similar and Engineers Interests. ARTICLE 7.0 - INDEPENDENT CONTRACTOR 1 Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. Owner shall have no right to supervise directly 6with Owner in perfo ming Services under this Agreement dormance. Engineer shall work closely ARTICLE 8.0 - COMPLIANCE WITH LAWS Engineer agrees that in performing the Services, Engineer will comply with applicable reg rittory requirements including federal, state, nd local laws, rules, regulations, and standards. Engineer shall procure the permits, certificates, and license necessary to allow Engineer to perform the Services. Engineer shall not be responsible for procuring permits, certi- ficates, and licenses required for the construction of the Project unless such responsibili ties are specifically assigned to Engineer in Attachment 1.0, Scope of Services. ARTICLE 9.0 - INSURANCE During the performance of the Services under this Agreement, Engineer shall maintain the foi- lowing insurance. (1) Comprehensive ,000 for General each occurrence and of less than S5I 00,000 r than S500 in the aggregate, and with property damage limits of not less than S 100,000 for each occurrence and not less'than 5100,000 In the aggregate. (2) f rteach person and not less c than t $S00u000 for each t accident l and t with s property damage limits of not less than 5100,000 for each accident. statutory $100,,000 for seach (3) Worker's Liabilityr Insurance with accordance accident. 000000 annual (4) Professional Liability Insurance with limits of not less than S3, aggregate. (S) Umbrella Insurance providing not less than $10,000,000 limits in excess of the ` limits stated in items (1) through (4). I I 4 I i! Engineer shall, furnish Owner certificates of insurance including the provision that such insur- ance shall not be canceled without at least ten days written notice to Owner. ARTICLE 10.0-OWNER'S RESPONSIBILITIES Owner shall supply to Engineer, either directly or indirectly from others, all available informa- tion and data which is required by Engineer. Owner shall also be responsible for the following. (1) Approve all procedures established to govern the relationships among Owner, Engi- neer, and third parties. f1 (2) Make final engineering and planning decisions utilizing information supplied by l Engineer, (3) Provide designated personnel to represent the Owner In matters involving Engineer. (4) Provide such accounting, independent cost estimating, and insurance counseling services as may be required for the Project; such legal services as Owner may require or Engineer may reasonably request with regard to legal issues pertaining to the Project Including any that may be raised by contractors, subcontractors, vendors, or other project participants; such auditing services as Owner may require to ascertain how or for what purpose any contractor, subcontractor, vendor, or other project participant has used the monies paid to him; and such inspection services as Owner may require to ascertain that contractors, subcontractors, vendors, or other project participants are complying with any law, rule or regula- tion applicable to their performance of the work, (S) Enter into contracts for purchase, construction, or other services with contractors, subcontractors, and vendors; provide financing; and make payments in accordance with the terms of the contracts. Owner may assign any responsibility described in this Article 10.0, Items (4) and (S) to Engi- neer by providing written instructions to Engineer to act as the Owner's agent and assume responsibility in behalf of the Owner. ARTICLE 11.0 - OWNERSHIP OF DOCUMENTS All documents Including Drav'ngs and Specifications prepared by Engineer pursuant to this Agreement are Instruments of service In respect of the Project. They are not intended or repre- sented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific pur- pose Intended will be at Owner's sole risk and without liability or legal exposure to Engineer; and Owner shall Indemnify and hold harmless Engineer for all claims, damages, losses, and ex- penes Including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further compensation at rates to be agreed upon by Owner and Engineer. ARTICLE 12.0 - TERMINATION OF CONTRACT The obligation to provide further services under this Agreement may be tern-mated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terns hereof through no fault of the terminating party. 1 l Owner shall have the right to terminate this Agreement for Owners convenience upon written notice to Engineer, and Engineer shall terminate performance of Services on a schedule accepts . ble to Owner, In the event of termination for Owner's convenience, Owner shall pay Engineer for Ali Services performed. ARTICLE 13.0 - NONDISCLOSURE OF PROPRIETARY INFORMATION ` i Engineer shall consider all Information provided by Owner and all drawings, reports, studies, I design calculations, plans, specifications, and other documents resulting from the Engineer's performance of the Services to be proprietary unless such information is available from public oar not sources. kill pub than the pe oneer of the Servilces without the prior w en auo horrization of Owner, 1 t Engineer shall not make any written or verbal statement to any press or news media concerning the Project without the written authorization of Owner. I ARTICLE 14.0 - NOTICE Any formal notice, demand, or request required by or made in connection with this Agreement shall be deemed property made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. • To Engineer: Black & Veatch, Engineers•Archltects P. 0. Box 8405 Kansas City, Missouri 64114 Attention: Head, Power Division To Owner: City of Denton Municipal Building 215 East McKinney Denton, Texas 76201 Attention: Director of Utilities Nothing contained in this Article shall be eonstrsed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 15.0 - UNCONTROLLABLE FORCES Neither Engineer nor Owner shall be considered to be in default of the provisions of this Agree- ment if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the con. trot of the nonperforming party: The term "uncontrollable forces" includes, but is not limited to, fire, acts of God, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint, 1 r Neither party shall, however, be excused from performance if nonperformance is due to uncon- trollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remediated with reasonable dispatch The provisions of this Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or other tabor action. The non- performVS party shall, within a reasonable time of being prevented or delayed from perform- ance by an uncontrollable force, give written notice to the other party describing the circum- stances and uncontrollable forces preventing continued performance of the obligations of this 1 Agreement. i ARTICLE 16.0 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. ARTICLE 17.0 - MISCELLANEOUS 17.1 Nonwaiver. A waiver by either Engineer or Owner of any breach of a provision of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect j to any other or further breach. 17.2 Precedence. In the event of conflict, errors, or discrepancies between the declarations or 1 Articles of this Agreement and any mutually agreed written task assignment pursuant to this Agreement, provisions of the written task assignment shall be given precedence over the declara• tions or Articles in resolving such conflicts, errors, or discrepancies. 17.3 Sevenbdity. The invalidity, illegality, unenforceability, or occurrence of any other event rendering any portion or provision of this Agreement void shall In no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision of this Agreement shall be deemed severed from the Agreement and the balance of the Agreement shall be co-Atrued and enforced as if the Agreement did not contain the particular portion or pro- vision held to be void. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 18,0 - INTEGRATION AND MODIFICATION This Agreement is adopted by Engineer and Owner as a complete and exclusive statement of the terms of the Agreement between Engineer and Owner. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between tha Engineer and Owner pertaining to the Services, whether written or oral. This Agreement may not be modifled unless such modifications are evidenced in writing signed by both Engineer and Owner. I~ t I i , P' M a ARTICLE 19.0- SUCCESSORS AND ASSIGNS 19.1 Owner ind Engineer each binds himself and his partners, successors, executors, admin- istrators, asdgna grad legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. 19.2 Neither Owner not Engineer shall assign, sublet, or transfer any rights under or interest in i (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except as stated in paragraph 19.1 and ` cactot to the extent that the effect of this limitation may be restricted by law. Unless specificel- ! II ly stated to the contrary in any written consent to an assignment, no assignment will release or i discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shag prevent Engineer from employing such independent consultants, associ- ates, and subcontractors as he may deem appropriate to assist him in the performance of sM- ices rendered. 193 Nothing herein shell be construed to give any rights or benefits hereunder to anyone I other than Owner and Engineer. ! IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives effective the day and year first above written. 1 C1 1Y OF DENTON, TEXAS BY. ae r ATTEST: j CITY SECRETARY BLACK VEATCH, ENGINEERS-ARCHITECTS APPROVED AS TO LEGAL FORM: 1' / C~ t/, 1 Q I I BY... Date RU= B. HUNTER ASSISTANT CITY ATTORNEY c', r, .t.-' c t, r. TITLE i 4 1 i ty ATTACHMENT 1.0 SCOPE OF ENGINEERING SERVICES [NTRODUCnON This Scope of Engineering Services describes Black dr Veatch's responsibilities relating to the - Lewisville Hydroelectric Project. The schedule for the project accompanies this attachment. BLACK dr VEATCH'S RESPONSIBILITIES j Black A Veatch agrees to accomplish the following activities to provide the Owner appropriate and necessary results from such activities. A. Project Administration (1) dons, and technical data~Maintain orecords of rinanalsm4nagement idata, lit schedules, reports, and analyses of the project. I (2) Conferences. Hold periodic conferences with the Owner to report on pro- greys and status, and to discuss solutions to possible problems. (3) Quality Control. Apply Black do Veatch's standing quality control program to the project consistent with the needs of the project. B. Project Planning and Control (1) Project Instructions. Prepare file asysem necessary Instructions cthat ontrol will establish cedures and proj administrati e interfaces among the Owner Black dt Veatch, and third parties. (2) Scheduling. On the basis of general schedule milestones established by the Owner and Black di Veatch, develop and periodically update project sched- ule for en,.tneering, design, and procurement. (3) Cost Estimating and Budgets. Prepare a project cost estimate. The estimate will be developed after design parameters have been su,cessfully established to define contract accounts prior to the purchase of plant equipment. (4) Engineering Progress Reports. Prepare and periodically submit to the Owner reports on design, cost, and schedule status of the project. Any significant changes in design, project costs, or schedule during the preceeding month will be reported, the reasons for such changes will be stated, and recommen- h dations will be made for appropriate action. C. Determination of Project Design Baia (i) defin- ing the design criteria tube incorporated in the det led design. Tha quality of specified materials and construction work will be consistent with project longevity, reliability goals, and overall project costs. 1 i R` f (2) Surveys, Provide topographic and hydrog<aphic surveys as required for the project. (3) Hydraulic DeAps, Perform a transient analysis of the hydraulic system inCading the existing fish hatchery supply ii.-2e to determine appropriate valve closure times, f (4) Explorations. Provide subsurface foundations explorations and soils investi- gations as required for the project. (S) Sod Resistivity Measurements, Provide engineering services for onsite meas- urement of soil resistivity to support electrical Grounding and cathodic protection design. D. Licensing and Financing Assistance Provide technical and licensing support to secure remaining permits and licenses and to comply with terns and conditions of existing licenses and permits. Provide necessary drawings and data to secure required desips reviews by the Corps of Engineers, FERC, and other agencies. Assist the Owner, as required in negotiating • the Memorandum of Understanding with the Corps of Engineers. Prepare the "Engineer's Statement" necessary to support the serving of project rutandng, E. Design Engineering (l) General (a) Complete desigat, equipment, sizing, drawings, specifications, and other supporting efforts to tha degree of detail that competent con, tractors can clearly determine manufacturing and construction work requirements. Drawings will be prepared to minimize field engineering design and associated constriction delays. (b) „ Prepare calculations as required for design decisions equipment and material selection, and preparation of construction drawings. (c) Develop the detailed site arrangement Including provisions for location of all structures and equipment. (d) Prepare Preliminary drawings of equipment arrangements for Owner review and comments and final arrangement drawings for construe- dom (a) Prepare construction drawings including the following. Site arrangement (penstock and powerhouse). Plant arrangements. t' i N Bifurcation at existing outlet facility. Penstock. Roads and walicways. Grading and fencing. Drainage. j Foundations. Structural steel, platforms, and stain. 't Structural concrete. 1 Equipment location. ! Piping 2-112 Inches and larger. Temporary piping. Raceway. Fin protection. j Underground utilitles. Grounding and cathodic protection. Lighting and control wiring. Electrical schematic and interconnection diagrams. Others as required. (2) CH/Structural i (a) Provide design engineering for construction facilities including lay down areas, puking lots, and drainage. (b) Provide analysis of geotechnical investigations and son borings for foundation design. (c) Provide detailed design drawings for hydraulic structures including penstocks and valve structures in accordance with applicable code requirements and seismic design criteria. 4 (d) Provide detailed design for powerhouse and auxiliary structures including foundations, concrete and . reinforcing steel, structure! steel, platforms, stain, and enclosures. (e) Provide detailed design for foundations and supporting members for ' all equipment, r. (f) Provide architectural design for the facilities. (3) Mechasdcat (a) Provide design engineering including plpi4 2nd Instrument diagrams, and piping design of auxiliary mechanical equipment such as the equipment cooling water system and other nemusry mechanical systems, i ~h f Ir 5ft r P 1 t (b) Provide design engineering of heating, ventilating, and au cond:uioning systems (HVAC) for plant facilities. This will include arrangements' of HVAC cquipment, and unit heater which will be shown on design drawings. (4) Electrical 1 (a) Prepare grounding drawings showing grounding method and connm i tion to major equipment. (b) Prepare raceway and circuit lists for electrical installation. i (c) Prepare raceway drawings to be used In conjunction with raceway and cinvit lists. (d) Provide protective relay setting. i) (e) Prepare lighting and communications drawings for all permanent i facilities. i (S) Instrument and Control i (a) Prepare control and Instrument schematic and interconnection dia- grams showing electrical control functions and devices. Interface J connection diagrams will be prepared for all electrical equipment I (b) Prepare Instrument installation drawing. (6) Switchyard (a) Provide engineering design for the switchyard. F. Procurement (1) Equipnsent Specifications. Prepare specifications for all major material and equipment including spare parts. Unless otherwise directed by the Owner, material and equipment will be purchased through competitive bidding and fixed price contracts. The following purchase specifications are planned. (a) Turbine generator and station eiect&al equipment. (b) Penstock, (c) Valves. (d) Switchyard electrical equipment. (2) Construction Specification. Prepare construction specifications as required. It Is anticipated that only one construction package will be necessary. 1 3 I l (3r Bidden List. Prepare a tut of potential bidders for equipment and coastruo- tion procurement as required and submit this list to the Owner for review . and Mtl bidder selection. (4) Bid Evaluation. Prepare a technical and economic evaluation of vendor and contractor proposals or bids and submit recommekAstions to the Owner, . (S) Contracts and Purchase Orden. Prepare the purchase order or contract issue of each specification for the Owner's execution. Establish engineering, fabrication, delivery, and construction schedules as applicable. (6) Processing Submittals. Receive and review vendor supplied data for conform- ance with contract requirements. (7) Procurement Flies. Index and maintain procurement files. (8) Progress Meetings. Participate In meetings with contractors, suppliers, and i the Owner as required for effective review of progress and coordination of design, construction, and start-up activities. . (9) Contract Administration. Perform all contract administration for equipment and materials contracts. (10) Delivery Status and Expediting. Monitor the status of equipment manufac- ture and delivery and perform expediting when appropriate. G. Resident Engbteering The engineer a'rall provide resident engineering services as outlined below, (1) Establish a field protect office and fumish resident engineering personnel, The scope of services includes 120 man-days of effort by a resident engineer. This effort will be supplemented, as required, by the Owner. I (2) Arrange for the construction contractor's unloading, handling, and storage of materials. Determine compliance with specifications and inspect for evidence of damage, (3) Maintain records of deliveries of materials for use in checking of progress ' payment Livolces and for scheduling purposes, (4) Monitor the inaterial delivery commitments specified in material purchase contracts. ro ensure tha shipment of material will coincide with the protect constructim schedule. (S) Monitor and inspect to the extent practical activities of the construction 1 contractor to ensure compliance with the specifications and contract docu- ments. i I r. I 1 1 , F' (6)'' Monitor construction progress by means of a project construction schedule. (7) Participate in scheduling and construction conferences with the Owner and construction contractor as required. (8) Review progress payment Invoices and make recommendations to the Owner ! for payment of construction contracts by the Owner. I (9) Initiate change orders as required for any required field modifications. 1 (10) Supply the necessary technical support In the field to interpret drawings and perform such other engineering Interface work as may be required in support 1 of the construction. (1I) Conform Black do Veatch drawings to agree with construction records and furnish to the Owner the original mylar tracings of all drawings. The draw- ings will be provided at the conclusion of the project. Black do Veatch will retain one set of aperture cards for record purposes. H. Engineering Completion The Engineer shall provide the following engineering completion services. (1) System Descriptions. Prepare preliminary and final system descriptions for all plant systems. A complete system description will include as a minimum the following. (a) General description of system functions and operation. (b) Instrument and control diagrams. (c) Control logic diagrams. (d) Description of system equipment. (e) Equipment pe-formance curves. (f) Preoperational testing requirements. (g) References such as related drawings and manuals. (2) Preoperational Testing and Start-up, Black do Veatch will establish the total plant start-up sequence and will be responsible for writing and supplying a Plant Start-up Manual, The manual will be prepared on a system basis. The Owner's operating organization will supply Input and assist personnel In writing and preparadon of this manual. Black & Veatch will submit the Plant Start-up Manual to the Owner for review and approval. The Owner will operate all equipment and shall be solely responsible for system and plant operation and for the adequacy of the Plant Start-up Manual. As a part of start-up of Individual systems, preoperational tests will be performed, con- sisting of final inspection of all equipment and energizing and running of all equipment and systems. Systems will be independently tested for proper operation. .1 i f ~L Black Veatch will establish system acceptance criteria that reflect system design and the vendors' perdicted performances. Test proceduers will be prepared by Black & Veatch for review and approval by the Owner. (3) Performance Acceptance Teats. For warranty purposes, oversee equipment performance acceptance tests when required by the Owner. Black dr Veatch will set the test requirements based on applicable performance test proced- ures. Tests will be performed by the Owner. Black & Veatch will review test results and make recommendations to the Owner concerning acceptance or any contract adjustment that may be required. s (4) Operating Manual. Provide a Plant Operating Manual. The Owner will supply j input and assist Black dr Veatch personnel in the preparation of this manual. The manual will Include plant startup, shutdown, normal, abnormal, and emergency operatirsg conditions. The Owner shall be responsible to review j and approve the Operating Manual and shall be solely responsible for its use. 1 OWNER'S RESPONSIBILITIES The following activities for the project will be accomplished by the Owner ity or others and results from such activities provided to Black do Veatch. j (1) Approve all proceduen jointly established to govern the relationships between the i Owner, Black R Veatch, and third parties involved in the project. (2) Provide financing and general administration. ! (3) Establish the actual disbursements of all funds to contractors. i (4) Establish policy decisions relating to administration of the project. (5) Make final engineering and planning decisions, In a timely manner. Black & Veatch will provide the appropriate information and recommendations for consideration by the Owner. (6) Execute and issue the formal purchase orders and contracts. Black Lt Veatch will provide appropriate detailed information, summaries, and documents for the use of the Owner. (J) Provide general accounting as required. Black do Veatch will provide appropriate cost breakdowns and summaries for use by the Owner. (S) Provide milestone schedule dates defining the Owner's time-related requirements. (9) Make formal application for and obtain all licenses, permits, and approvals required for the project by federal, state, and county or local agencies. Coordinate agency consultation and review of project features. t" 1 f 1 ~ 1 I (10) ObMin water rights as required. (11) Obtain all legal surveys and permission for scceu to property, purchase all land, and obtain all land rights. (12) Provide economic criteria for use by Black & Veatch for conducting engineering studies and evaluating equipment bids. (13) Provide copies of all available documentation and reports related to the project including, but not limited to, governmental reports, surveys, memoranda, and Impact statements; feasibility studies; license applications including amendments thereto; maps; and hydrological, geological, and meteorological reports and sum- maries. (14) Provide engineering and construction management services related to design and construction of transmission and distribution system out from the switchyard. (IS) Provide engineering, design, and installation of the supervisory control system to a plant interface terminal. ' (16) Provide resident engineering services al the project site to supplement the resident engineering services included In this Scope of Services. (11) Enter claims with suppliers and contractors, as required, for shortages and damages to materials. Formally transfer materials to the construction contractor and obtain receipts for such transfers. EQUIPMENT AND MATERIAL SUPPLIERS' RESPONSIBILITIES Equipment and material suppliers will be responsible to furnish equipment and materials as specified and as scheduled in accordance with purchase orders and contracts prepared by Black & Veatch and awarded directly by the Owner. All major Items of equipment will be pur- chased directly from manufacturers or vendors based upon detailed specifications prepared by Black & Veatch. FIELD CONSTRUCTION CONTRACTORS' RESPONSIBILITIES The construction work will be performed under one or more separate contracts for power plant construction. Each of the contractors for field construction work will be responsible as an independent contractor under each respective contract prepared by Black & Veatch and award- ed by the Owner to accomplish the following. i (1) Supply all supervision, labor, and construction equipment required to perform the specified construction and installation work In a manner acceptable to the Owner and Black 4 Veatch. ` (2) Furnish in strict ucordsnca with the contract those items of material and equip. f ment specified to be fur ialwd by the contractor for Incorporation in the perma- nent construction. (3) Unload, store, and maintain Owner and contractor furnished equipment and expedite delivery of contractor furnished equipment. i (4) Perform the construction work in accordance with the contract requirements and the construction schedule established for the project. The construction schedule will be included as a contract requirement. i (S) Provide field office, furnishlnp, general office supplies, and clerical services for Black & Veatch and the Owner's field personnel. y. I ~ # r 4 4 9 f . e[ 313 I i 5I! ~ v I J I Y q , 1 i i c i f 4 z R 'i I r ATTACHMENT 2.0 COMPENSATION Owner shall pay to the Engineer for the xrformance of the Services the sum of the following amounts. (1) The amount of 1,85 times payroll costs for the actual time of office personnel applied to the Services. (2) An amount equal to the actual out-of-pocket coat or standard charges for all expenses incurred by Engineer directly chargeable to the Services rendered purse- ` ant to this Agreement. Such expenses shall specifically include, but are not near I sadly limited to, the following. (a) Long distance telephone expenses. 1 (b) Standard charges for operating time actually applied to the Services of r Engineer's computer center, other computer centers, and Engineers auto. mated drafting systems. I (c) Prints, reproductions, word processing, and printed documents at standard rates. (d) Reasonable traveling and living expenses for personnel. (e) The actual cost paid by the f ngineer to third parties, (q Other direct expenses related to the Services. An escalation rate of no more than five percent per year will be applied to salary costs for services perfonned subsequent to December 31, 1984. f Payroll costs include actual salary plus allowances for holidays, vacation, sick leave, FICA and unemployment taxes, worker's compensation Insurance, and employee benefits Including j medical Insurance, supplemental retirement programs, fife insurance, incentive compensation, tuition reimbursements, and other miscellaneous benefits. The payroll allowance, exclusive of holidays, shall be fixed for the term of this Agreement at twenty-nine (29) percent of the hourly salary rate. Hourly salary rates shall be equal to the zninthly salary divided by the number of regularly scheduled working hours during the Engl- neer's fiscal month; thus, the allowance for holidays is provided in the hourly salary rate. The Engineer's fiscal month is from the 27th day of each month through the 26th day of the succeeding month. Engineer will submit to Owner monthly Invoices for Services performed, Each Invoice will be submitted by about the fifteenth day of the month following the month during which such Services were performed. Owner agrees to pay Engineer's monthly invoice within 30 days after the invoice date and to 'pay Engineer a carrying charge of 1.1/2 percent -er month (18 percent per year) or the maximum rate allowed by law, if less, on all amounts remaining unpaid after 60 days following an invoice date. Owner has the right to audit the time records and salaries of parsoneel and charges for direct expenses for assignments for which cost-plus compensation is provided. f I I , I S' r 6 ATTACHMENT 2.0 COMPENSATION Owner shalt pay to the Engineer for the performance of the Services the sum of the following amounts. (1) The amount of 1.85 times payroll costs for the actual time of office personnel applied to the Services. (2) An amount equal to the actual out-of-pocket cost or standard charges for all expenses incurred by Engineer directly chargeable to the Services rendered pursu- ant to this Agreement. Such expenses shall specifically include, but are not near sarily limited to, tto following. (a) Long distance telephone expenses. (b) Standard charges for operating time actually applied to the Services of Engineer's computer center, other computer centers, and Engineer's auto- mated drafting systems. I (c) Prints, reproductions, word processing, and printed documents at standard rates. (d) Reasonable traveling and living expenses for personnel. (e) The actual cost paid by the Engineer to third parties. (f) Other direct expenses related to the Services. Engineer agrees that the total amount payable by the Owner for the Services shall not exceed $230,000 (1984 S) for Design Engineering and $90,700 (1984 for Resident Engineering and Engineering Completion Services without prior written approval from the Owner. An escalation rate of no more than five percent per year will be applied to salary costs for services performed subsequent to December 31, 1984. As long as the project schedule included as a part of Attachment 1,0 is maintained, the Engineer agrees that the total amount payable by the Owner for the Services shall not exceed $241,000 for Design Engineering and $100,000 for . Resident Engineering and Engineering Completion as specified. Payroll costs Include actual salary plus allowances for holidays, vacation, sick leave, FICA and unemployment taxes, worker's compensation Insurance, and employee benefits including medical insurance, supplemental retirement programs, life Insurance, incentive compensation, tuition reimbursements, and other miscellaneous benefits. The payroll allowance, exclusive of holidays, shall be fixed for the term of this Agreement at twenty-nine (29) percent of the hourly salary rate. Hourly salary rates shall be equal to the monthly salary divided by the number of regularly scheduled working hours during the Engi- neer's fiscal month; thus, the allowance for holidays is provided in the hourly salary rate. l The Engineer's focal month is from the 27th day of each month through the 26th day of the succeeding month. Engineer will submit to Owner monthly Invoices for Services performed. Each Invoice will be submitted by about the fifteenth day of the month following the month during which such ~h I h Services were performed. Owner agues to pay Engineer's monthly Invoice within 30 days after the Invoice date and to pay Engineer a carrying charge of 1.112 percent per month (18 percent- per you) or the maximum rate allowed by law, if fen, on all amounts remaining unpaid after 60 days following an Invoice date. Owner has the right to audit the time records and salaries of personnel and charges for direct expenses for assignments for which cost-plus compensation is provided. i ~ ' I 1 t i s 1 i ry~ I i 11 • j 1 1 I 1~ S t 1 i' A 1 ~r t' r ATTACHMENT 2.0 COMPENSATION Owner shall pay to the Engineer for the performance of the Services the lump sum price of $241,000 for Design Engineering and $100,000 for Resident Engineering and Engineering . Completion Services. The Engineer's fiscal month Is from the 271h day of each month through the 26th day of the succeedLig month. Engineer will submit to Owner monthly invoices fee Services performed. Each invoice will t•i submitted by about the fifteenth day of the month following the month during which sucs•. Services were performed. Owner agrees to pay Engineer's monthly invoice within 30 days after the invoice date and to pay Engineer a carrying charge of 1.112 percent per month (18 percent par year) or the maximum rote allowed by law, if less, on all amounts remaining unpaid after 60 days foilowing an invoice date. 6 1 l i' j i t r I r~ i i 1984 1985 A S O N D J F M A M-12 J A S JOIN D 5 F M A M 1 J A 8 0 k PtGJW AdmbMndm i pt*ct Mtady od Coadrd f Dka Andom of ho*t DA}l Sub 3 r 'MS~,'GwKor E A ~ '"'.4 Boomty j cm w.ar.le>t tkd" r . lwMdyNd ikd" Boapo M hrawwl B A D good" hocwe~l ~4 A D sl Coldrad" I CaMnai~ MuyeoNOt : b Coorm e_JUd A - Awed 1 D - Delivery fROIECT SCHEDULE a; `IIWyMw11W'7MSw~•+rwrw~s.r~wuv«vww»...:....,.. . - 1 if jl a 1, f, 21SOL f NO. AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT -OR DESIGN ENGINEERING SOURCES BETWEEN THE CITY OF DENTON AND BLACK b VEATCH: AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION That the Mayor and City Secretary are hereby authorized an directed to execute and attest, respectively, Amendment No. 1 to the Agreement for Design Engineering Sources between the City of Denton and Black & Veatch under the terms and conditions being contained in said agreement, which is attached hereto and made a part hereof. SECTION II. The- 'his ordinLnce shall become effective immediately upon its passage and approval. y I~ PASSED AND APPROVED this the day of 1988. 11 f I RAY STEPHENS, MAYOR ATTEST= i JENNIFER WALTERSo CITY SECRETARY t i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHo CI1: ATTORNEY BY: i EXHIBIT 4 2180L j THE STATE OF TEXAS 5 AMENDMENT NO. 1 TO AGREEMENT FOR EEN THE DESIGN ENGINEE TIEXAS AND £BLACK W6 VEATCH, OF DENTON, 1984 COUNTY OF DEN'TOIi S CITY ENGINEERS-ARCHITECTS DATED JULY 18, 1 of Denton, hereinafter WHEREAS, on July 181 1984 the City ch, Engine are-Architects, herein- called Owner, and Black 6 Veat ed into an agreement for the perfOr- after called Engineer, enter manse of profession&l ctrft6svi g 84"anan in connection with the projectl Lewisville oam Hy WHEREAS, due to certain factors ctrie project hastbeen delayedi party, the design of said HY and WHEREAS, the Engineer has requested additional compensation as a result of said delays idedd cthe city amendments to the ertain other provided additional compensation, agreement are approved NOW, THEREFORE: W I T N E S S E T H: ARTICLE I. ion pursuant to ntl entered (into bytand be and t eendthec0 nerd and that certain Agreeme of July, 1984, Engineer and Owner hereby ~ Engineer on the he 1 188tth day agree: amended so that t Art 6.5 of A. itashall.hereaft ithashall.hereafter be and read as follows: Engineer 6.5 Employee Claims. foa9r damages iwhich fis wthe ees to against legal liabiliineer's employees, result of claims by eng amended so that t Art 6,6 of said hall.hereafter. be andrread nasifollows: B. itas 6.6 Limitations of Liability. Engineer shill have no liability for special or consequential damages including► but, rot limited to, loss of equipment use, loss of profits, cost of capital, cost of replacement power, or similar damages. C. That Art. 6.8 of said Agreement is hereby amended so that it shall hereafter be and read as follows: 6.8 Other Project Participants. Engineer agrees to incorporate indemnities similar to this Article 6.~ EXHIBITiL l into contractual arrangements with other Project participants in the documents it prepares on behalf of owner in order to protect the Owner's and Engineer's ! interWs. D. That Attachment 2.0 (Compensation) of said agreement is hereby amended so that it shall hereafter be and read as, follows: 1 ATTACHMENT 2.0 COMPENSATION i Owner shall pay to the Engineer for the performance of the j services the sum of the following amounts: (1) The amount of 1.85 times payroll costs for the actual time of office personnel applied to the Services. t (2) An amount equal to the actual out-of-pocket cost or standard charges for all expenses incurred by Engineer directly chargeable to the Services rendered pursuant s to this Agreement. Such expenses shall specifically include, but are not necessarily limited to, the following: (a) Long distance telephone expenses. (b) Standard charges for operating time actually applied to the Services of Engineer's computer center, other computer centers, and Engineer's automated drafting systems. (c) Printa, reproductions, word processing, and printed documents at standard rates. (d) Actual costs of reasonable traveling and living expenses for personnel. s (e) The actual cost paid by the Engineer to third parties. (f) Other direct expenses related to the Services. s An escalation rate of not more than five (54) percent per year will be applied to salary costs for services performed subsequent to December 31, 1984. Payroll costs include actual salary plus allowances for holidays, vacation, sick leave, FICA and unemployment PACE 2 i I I I I compensation insurance, and employee j taxes, worker's compens i supplemental benefits including medical insurances life insurance, incentive compen- retirement programer and other miscellaneous j sation, tuition reimbursements, benefits. Payroll allowance, exclusive of holidays, shall be fixed for the term of this Agreement at Hourlyt s lacy rates s percent of the hourly @& shall be equal to the monthly salary divided by the number I of regularly scheduled working hours during he engineer's o cal months thusf the allowance for holidays is provided fis in the hourly En ro urhs the 26 h daytofithersuc eedingtmonth. of each month thro g invoices for ' Engineer will submit to owner monthly d. Each invoice will be submitted Dy es perf following the aboutc the fifteenth day of the month f moith erford. ithin thir~Yn(30)9days invwere during which such services oicepw to pay Engineer s monthly Engineer a carrying after the invoice date and to mo a (twelve (1a percent charge of one (li) percent per law , if less, on per year) or the maximum unpaidllafterbYsixty (60) days all amounts remaining following an invoice date. charges thforimoirectrdseape s s for Owner peh&s the rsonnel right to of p assignments for which cost-plus compensation is provided. theiServices eshalltnote exceed aThree Hundred Ninety three th 393,649) for Thousand Six Nundand Resident Engineering and Engineering cosign Engineering i completion Services without prior written pEorvsalaries the Owner. An escalAtion rate of 4,8 percent for 1988 is in ]98b, 4.5 percent for 1987 perrcsalary adjustments hereby approved. An ercent per years shall not exceed 5 p ARTICLE I1. In all other respects, the terms on the and cl8thtdays offJulye I. Agreement, as executed by the p.,t 1984 remain in full force and effect. I PAGE 3 i r ~ i Executed this day of 1988. CITY OF DENTnN, TEXAS } BY: RAY STEPHENS# MAYOR ATTEST: 1 JENNIFER WALTERSf CITY SECRETARY APPROVED AS .0 LEGAL FORM: s DEBRA ADAMI DRAYOVITCHI CITY ATTORNEY i f By i BLACKS VEATCH ENOINEERS-ARCHITECTS BY: E r TITLE: i PAGE 4 ^wP i t a i a d f ~ s i f y i, i { 2 I i i. r f w 11 I 9 1. 4 2153L 1 { RESOLUTION 140. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON CREATING A MAIN STREET COMMITTEE TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING 14E CITY'S PARTICIPATION IN THE STATE I MAIN STREET PROGRAM AND TO MAKE RECOMMENDATIONS WITH RESPECT TO I THE PROMOTION OF DOWNTOWN REVITALIZATIONF AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton is desirous s I of creating a Main Street Committee to promote and redevelop the iI City's downtown area; and d WHEREAS, it shall be the charge of said committee to review efforts and proposals by various groups within the City to promote our downtown areal and WHEREAS, the Committee shj.ll identify the downtown area, roview what other cities have done and make recommendations cn steps that the Council might take to promote the downtown areal and WHEREAS, the Lcmmittee shall advise the City council regarding } the City's application to the Main Street Program and monitor the progress of sama; and WHEREAS, the Committee shall become effective immediately upon appointment by the City Council and serve in said capacity I until the Main Street Program application is submitted and other revitalization efforts have been established) NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SLCTION 1. That the "Main Street Committee' shall be appoints by resolution of the City Council, membership of such committee to be comprised of one member from the Beautification Task Force, one member from the Central Business District + Association, one member from the historic Landmark lommission, one member from the Chamber of Commerce Convention ant Visitors B.reau, one member from the community at large, tine member from the City Council, one member from the Denton Center Small Business Assistance, one member from the Denton County Government, one member from the Denton County Historial Commission, one member from the G,*eater Denton Arts Council, one member from the North Texas Fair Association, and one member from the Planning and Zoning Commission. 1 1 » V f , SECTION II. That it shall be the charge of the Committee to: (a) Define the downtown areal (b) Review efforts and proposals by various groups within the City to improve the downtown area; i (c) Identify actions taken by other cities to promote their downtown areas; i (d) Recommend to the City Council actions that the City might take to promote downtown, ii:cluding identification for funding, and possible amendments to the Code of ordi- nanceat and 6 (e) Prepare and make application for the City's entry into the State Main Street Program, suoject to approval by the a. r City Council.( SECTION I11_ That this resolution shall become effective f ' immeTiately upon its passage and ap x oval, Rf,. PASSED AND APPROVED this the day of r 19880 RAY STEPAENS~ MAYOR } t r, i ATTEST: JENNIPER WALTERSp CITY SECRETARY t i 7 t APPROVED AS TO LEGAL FORM: =1; DEBRA AUAMI DRAYOVITCBj CITY ATTORNEY » HY t t DA96s U1/1S/b6 CITY COUNCIL REPORT FORMAT Mayor and Members of the City Council TOs Lloyd V- Harrell$ City manager FROM: b7BJECTS Adoption of a Resolution Creating a Main street Committee RECD ONI approval- Main n Stree t Study Task Force reconnended app 4 (See attached letter from Task Force.) ution would establish a standing committee to provide SUMMARYS The resol Council regarding the state Main Street recommendations to the City I~ Program an., promote downtown revitalization. BACK] NDt ointment of a The Main Street Study Task o_to re itymforetheh1988-85 state main standing committee toPrepare Street Program. i{ { PROGRAMS DEPARTMENTS OR GROUPS APFECTLDs d serve 99 liaison to committee. Planning Departuent woul FFCAL TI ed to the C;eneral Fund. The expenses of the committee would be charged i a Reapec[Y eub itt Lloyd Y Harrell / City manager prep?red bys Eli' et Evans P1 ning Administrator AppAroveds Cavid Ellison ACtirr, lifectOt No Plann!*~ and Development TG~ The Honorable Mayor and Members of the Denton City Council FRGNt Main Street Study Task Force DATEI November 18, 1987 SUBJECTt Task Force ResP Ceram fore DeMayor nt n and Full City Council Concerning a main street After hearinnlae articulated by the about representativ etfrom the jvariousaorg-,- of the discussions to the concerns committee and examining the fundsimpact of izations represented on this advisory the rtos1hetCity1councilethat'h hotel/motel , it is budget reductionsuggestion ° the committee's 1) The advisory committee generally recognizes the benefit of the Main Street ilementation in Denton would be beneficial to our program and feels its mp community. it is difficult the 2) Because of funding enter theiToxas MainSStretate in 1987~ggbleTh~Tefure, Denton to formally to &11 ces amtinsfiscaleYeara19B8t89a to 4 the cominterprthe imaTexaspMatnsStreetd,rogr enter I pt to 9) The City Council should immediately appoint a standing committee to prepare 1988- F City's entry into the Main Street program in w are9 and to under- take other entios necessary to promote the downtown area. This committee for the who hive should include tePaitLeeiplusfothereelistedubelowawho will have valuableworked from each of the on this advisory c input into ollowing interested Specificall f - Denton citizens at large A participant in the recent - Beautification study i - Denton City Council - Central Business District Association - Denton County Government 1 - City Landmark Commission - Denton County Historical f - City manager's ocfice Commission - Conventlon 6 Visitors Bureau of the - Greater Denton Arts Council Denton Chamber of Commerce - North Texas Fair Association - Denton Chamber of Commerce S,nall - planning 6 Zoning Commission Business Task Force 3505 Teasley Lan"enton, Texas 76205/Bam: 817-565-0313/Office: 817.565.0554/Htouse: 817.565,1417 .1 I.: I, If page 2 work shortly aft1988 4) The committee should becin its er J posy 1,ltin tand meet regularly to accomplish the reseaoh necessary t to o position the set V co aPoY for the project at the beginning of fiscal 1989 j order to sustain th momentum fcr the Main Street e community In (October 1988). Council should seriouslY consider utilizing a$ much Program, the City as necessary a portion of the $10,00 bunatio plan to fund an t naloMain eStreet 8 offi e,o assessment visit by the which is hesdquLnee atdending Washington, and for other expenses ! recommended by roximat elya$50,000ewiSlfbearequired ears for as S) From figures provided by the There ore, if an annual budget of aPP period of 'hree fia.al years for a Denton wMalnill be Street prcgr expected . to finalize committee ing during the next gear, the stand h lee a proposed budget and to contcommittee regarding ththe eir willinsaetypo of represented on this advisory some type of street Program. Sopefully, with funding for a Denton main r h of can be `f minimum funding for periodfunishfromytheshotel/motel taxaandfrom any organizations Denton Arts other parties who would benefit from the PndjLhelGreaLerd further discussion should oc:ur between the City portion of the Is hotel/ lengthening Council about the possibiltty of allocating a P motel tax earmarked fot the ante complex in y. exchange Further, for a the committee of the commitment of these funds by the Cit o the annual ,s General Fund. foals that a subsaStreaLPProBramishouldaComefrcm the City General funding for the local Malt Respectful .1i submitted, Jim Aleaandor Geneva Berg Jerome N. Cett Robert Gorton Lloyd Harrell Yvonne Jenkins Bullitt Lowry Richard Rodoan ; James Rodin Theresa N311er l/ Robert Noodin h r JMccla IE i r r f r R i f E I ~ 1 Y i i 2135L t RESOLUTION N0. UTILITY CAPITAL IMPROVEMENT PLAN] ESOLUT 014 ADOPTING THE AND DECLARING AN EFFECTIVE DATE. t WHEREAS, on the 27th day of May, 1987 the planning and Zoning t of capital commission approvcomma lis oughttobemconstructed which the 1 opinion of the period: and forthcoming five year h WHEREAS, the City manager furnished a copy of suc recommenda- tions to the City Council on the 16th day of June, 19871 and 311 of he above actions were taen in ciance WHERECe'icementstof Section 10 031a)(6) Ofkthe CityoCharterr with the 4u and WHEREAS, the City Council wishes to adopt formally the recom- mendations of the commission subject to certain changes; NOW, k THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: whichebwill prbeeSSOUght at~oachbe improve entsCouncil SECT`italThat ist of cap five year period, based on list:- constructed during the forthcoming funding capability. SECTION II. That this resolution shall become effective k imme ately upon its passage and approval. 1988. PASSED AND APPROVED this the day of I` k R1Y 6TEPHENS, MAYOR ATTEST: JENNIFER WALTbnas SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 'h av, ~ f 1 k 4 i FIYh YEAR CAPITAL F W OV fY S FU OF NUENTUN CfiEllULE Up, THE lyy 8. $ 525,000 %oodrow Lane Widening and Improvements Bell Avenue 450,000 Rebuild Ftisting nment) 250,000 +4 (with present alig a Improvements 200,000 Mingo Road Traffic and Draina{, 75,UUU Teasley Lane Improvements 25,UU0 Traffic Signal Synchronization Traffic Signals 337,000 250,000 Willow Springs Drainage 1501000 Malone Street Drainage 5U,0UO j Burning Tree Bridge t Teasley Lane Drainage 750,000 sion 550,000 r' Senior Center Expan nt Athletic Field Developwe ,o U 'f UT AL 1y~ y8-b9 ,r t @ ` Lane): Four Lane Divided 250,u00 F.M. 2181 (Teasley Road 50,000 From I- 35E South impryovements 4 Davis Street Paving le llrive to 40,000 Avenue E Improvements (hag en.35 Service Road) 425,000 3 Update Master Drainage plan SOO,000 200,000 Fire station fire tquipment 1,300,000 25U,000 ; Recreation Center Athletic Field Development 400,000 1 Phase ansion, 2009000 Library Ex P I Plans for Law Enforcement Center/Court Complex i TOTAL e N A ,r. AA Y C1P Funding Schedule Page 2 1989-i9v) Loop 288/Local Participation: Your Lane Divided 2,200,000 From U.S. 38U South to Colorado Boulevard U.S. 380/Local Participation: Six Lane Divided 600,000 From U.S. 77 (Locust) to Loop 288 Expansion of Nottingham (From U.S. 38U to 500,000 Mingo Road) 250,000 U.S. 380 Right-of-Way Acquisition b25,U0u ~ Loma Del Rey Drainage 350,U9U Stuart/Sunnydale Drainage 3UU,000 Drainage Improvements in Holly Hill Area 500,000 Law Enforcement Center/Court Complex, Phase 1 p 1 / 'T'OTAL s ly9U-1991 Fort Worth Drive (U.S. 377): Four Lane Divided $1,065,000 From 1H-35L to F.M. 1830 117,000 Reconstruction of Oriole Street 90,000 Fort Worth Drive/James Street Drainage Recreation Center 1,400,000 450,000 ) Athletic Field Development a 600,000 r Completion of Library Expansion l Completion of Law Enforcement Center/ 109000000 Court Complex ~ IU 0 TOTAL t P I y , C1P Funding Schedule Page 3 I 1991-1992 } Intersection Control Signals $ 225,000 Turn Lanes for Arterials 9U,U00 j Masch Branch Road (Phase I) 380 to Jim Christal 5739125 Masch Branch Road (Phase 11) Jim Christal to 1515 195U4,931 Pedestrian Signals 30,000 Four Lane Divided Road Spencer to i-35 1,1UU,00U Willowwood Bike Path l0U0U00 Kingfisher Drainage 75,000 Cooper Creek Channel l,0000000 Second Aerial Device 5u0,000 Outdoor Emergency Siren 253175U Airfield Lighting 250,0uu 1 Runway Taxiway Extension 3129500 x r..~ Utility Runway Taxiway 2009000 Bookmobile 2SU000U TOTAL $6,464,306 I . f 4 11/02/87 U539x ~ I ,a f l~ f , 1 1 . N + DATE: 01/19/88 r CITY COUNCIL REPORT FORMAT TOs Mayor and Members of the City Council { FROM. Lloyd V. Harrell, City Manager I ! SUBJECTS Adoption of resolution regarding the City of Denton Non-Utility Capital Improvements Plan 4 RECOM 1 The Planning and Zoning Commission presented its recommended plan on June 16, 1987 as voted on at its meeting of may 27, 1987. The Commission was briefed on amendments proposed by the city Council at its meeting of October 21, 1987. ' SUMMARY, The Five Year Capital Improvements Plan rune through 1991-92. A ,r. i 6,4640306 program has been proposed for 1991-92 and the 21.7 million bond issue approved by the voters in December 1986 will fund projects up to the year 1990-91. k~k I BACKGROUND, N/A PROGRAMS DEPARTMENTS OR GROUPS AFFECTED, Citizens of Denton. 1 F I ~ FISCAL IMPACTS $6#464#306 program for new year being added (1991-92), ~ j Reap ulM.444 ds j Llo Y, Harrell ; City Manager Prepared byt ' David Ellison Acting Director for Planning and Development I+ ii P 6 I Minutes Gctober 21, 1987 Page 1< DECISION: Mr. Claiborne moved to approve the preliminary r at o the Siniurch of approve Ad Addition, Lot 1, block 1 th gencg on Oaks that the sidewalk be Installed tad lg the e We west side of CaarChrdinal Drive and that the final pl a aontb e approved, Seconded 5 .k and motion unanimously carried by Mr. Glas c (6-U). j B• AN ORDINANCE OF Thb Cllr OF DENTG~ TiXAS AMENDING ARTICLE R pEFL7R'T by ^Tn to crew a Proce urea or var ante reques s. ' STAFF REPORT: Ms. Carson stated that this Jtem has been # scusse n Previous study sessions, She said the coun- cil discussed the amendment at a study session October 6, 1987, She continued that the Council disagreed in part with the Commission s statement that the Commisslon did not take financial responsibility In variances because the current regulations give the a variance Commisslon final authority if approved. She added that the Council wanted the Commissiis on to consider whether It wanted complete con• trot of the v 111 ariance process or whether it wanted the Coun• ell to have Einal authority on all vsrlantes. i DECISION: Mr, Claiborne stated that all variances should ~Forded to the Council for final approval or denial. Mr. Glasscock agreed, r M with r. Claiborne roved to recommend approval of the ordinance , nied byethedComilsslon either aproved or Secondede- I by fir. Glasscock and motion unanimously carried (6.0), IV. f RECEIVE A REPORT ON 1991-92 CAPITAL 1Fd'RUYEMENTS FROGRAM as If amen e y y ounc StAFF REPORT: Mr, Ellison stated that after much deliberation y e y Council there were two modifications In the 199i-9Z CIF program, he said that the Council removed the proposed indoor/outdoor swlmafng pool and Incorporated in its place the four•lane divided roldway from Spencer Rood to Interstate !S. 3 Ms. Brock asked if the CIP could be modified in the future. 3{s Mr. Ellison seated that it could be recommended at the nett study session on the CIP, Meeting adjourned at 9:UO p,m, f i T P 6 Z Minutes May 27, 107 Page S Mr. WOOdham asked if there was any recourse. Mr. Claiborne said deed restrictions are enforced through civil court and toning is approved by the City Council. nm' Roberts, 2224 Pembrocke, stated that he was not notified w}on the property was going to be platted. Mr. Claiborne stated that notification is not required on a plat. DECISION: Mr. Holt moved to approve the ftnal plat of the hhitny-Park Addition, Lots 1.24, Block A, and Lots 1.7, block B. Seconded by Ms. Cole and motion unanimously carried (6-U). f ' Y. NlW BUSINESS Mr. Claiborne asked the Commission if a ~oint meeting with the Traffic Safety Commission on the 29t of June would be acceptable. 3 All members concurred. 1 YI. ADJUURN TO A WOR% SESSION TU SELECT RECOMMENDED PROJECTS AND MAKE A t C 10 0 C WALL C 0 G N'R STAFF REPORT: Mr. Ellison stated that Vie Commission needed to se act ptoject+ for the 1991.92 Capital Improvements Plan. Ne sold that the Executive Group and staff has recommended a $5,S36,250 program for 1991.92. He sold that the ComA ssfon can make its formal recommendation now, cr can watt until the June loth meeting. He said that the problem the staff has with June IOth is June 16th is the last City Council meeting that this item can be put on to meet the July 1st deadline. Mr. Claiborne asked that with the remalnln four years of SIP would there be any surplus. Mr. Svehla sad there is a con- cern about gettfog through the program because of the laws that have changed in regards to stlling the bonds and no surplus is expected. Mr. Claiborne stated that he felt that projects like the airport could be ■c:elerated because of the 90.10 funding. Mr. Svehla stated that these projects could be taken to the 1991 Committee and the City Council If the money became available from the state for these projects so they could possibly be done sooner. i Mr. Claiborne stated that the qquestion is what amount of money is justified for a pital expenditures. Mr. bolt stated that a lot more money 1s needed. Ms. Brock stated that she did not know how the Commission could justify less than $5.5 million because of the needs. Ms. Brock asked if the staff knew if the 40-10 money would be available from the FAA for the airport. Mr. Svehla stated that it is hard to say but there is a good chance next year. He said that offers could be made before 1991. Ms. Brock asked if approved and the money becomes available two years from now how would it be handled by the city. Mr. ('vehls stated that it would be taken to the 91 Committee and the re- commendation would be forwarded to the Council. Mr. Claiborne asked if the Commissioners had recommendations. Mr. Holt recommended that the pool be included in the CIP for 1491.92. Ms. Cole recommended that the emergency sirens be Included in the CIP for 1941.92. I i i I t I P S Z Minutes may 27, 1997 Page 6 i Ms. Brock stated that she encouraged a development of a master plan for bike trails and pedestrian safety for a future CIP and would need to Involve he traffic and parks and recreation departments. She recommended that a backmobtle system be Included in the 1991-92 CIP. Mr. Holt stated that he looks for the things that add to qual- ity of life that one can see like the pool and bookmobile. He bald that he Js a little skeptical about airport improvements being In the 1991.1992 CIP. { Ms. Brock stated that i f Denton wants to be an employer In t1e long run the airport improvements and Masch Branch Road needed onberd ne, SLe added that the people would see this in the t lun. Mr. Claiborne stated that because of the major industry in the airport area he feels that any improvement would be a benefit in this area. i Mr. Holt felt that more people would Identify with the Spencer L bypass. Ms. Carson stated that the priority wi ti the Land Use Planning Committee is the Masch Branch Road improvements. She said that the committee wants to encourage industrial growth around the airport and development in the airport area would support balanced growth for all areas of the city. Ms. Brock stated that t0 attract the industry to this area z road access around the airport is necessary. 4 Mr. Claiborne stated that Spencer Road to 1.15 will encourage developers to build another Golden Triangle Mall or Lakeview type development. He stated that Masch Branch good could be considered separately or considered as part of the CIP. . Mr. Escue stated that he recommended Masch Branch Road Improvements but not the bypass. DECISION: Mr. Claiborne moved to recommend the (oil owing pro-l-ecTiss for the 1991.92 Capital Improvements Program: Pro t --1 act category or Cost Intersection Control Signals St, nets 8 Traffic = 225,000 Turn Lanes for Arterlals Streets 6 Traffic 90,000 kingfisher Drainage Drainage 75,000 Masch Branch Road (Phase 1) 380 to Jim ChrI tal Streets ; Traffic 573,125 Much Branch Road (Phase I1) Jim Christal to 1515 Streets 4 Traffic 1,504,931 Airfield Lighting Airport Improvements 2S0,000 Runway Taxiway Extension Airport Improvements 3120 Soo Utility Runway Taxiway Airport ImproveltenIs 200,000 Pedestrian Signals Streets 1 Traffic 50,000 Cooper Creek Channel Drainage 1,000,000 SO Meter Indoor/Outdoor Pool Parks 6 Recreation 1,000,000 T lJ 1 p 6 i Minutes May 27, 1y67 i Page 7 Fire 500,000 Second Aerial Device 253,750 Siren Emergency Management outdoor Emergency 250,000 Library Bookmobile $6,261,306 iUTAL Seconded by Mr. Milt and motion unanimously carried (6-0). Meeting adjourned ■t 8:15 P.m- i u t i r is F o i } I r, f I N ti Willi t A I ` I 1 1 ~ ~I t ; 1 t } } i i Y 1 t ]III T El Tl= 1 I II ~i MEMO 67-038 i TO: Mr. R. Svehla, Deputy City Manager FROM: J. L. Cook, Jr., Fire Chief DATE: 8 June, 1987 RE: Automatic Aid Agreements i As you know, the Fire Department is currently deficient In total numbers of ap- paratus, stations, and personnel as required by the State Board of Insurance. We (the City) have also annexed Into several areas currently being served by i volunteer departments or our City Limits borders others such rs Argyle and Corinth. i , I would like to propose that we enter Into an agreement for automatic mutual-aid with the Mayhill-Cooper Creek Volunteer Fire Department. 1 have attached a copy of a proposal which outlines the particulars of the agreement as well as the ad- vantages to the City of Denton. The current economy will not allow us to expand our forces to meet our current d needs. This agreement will allow us some time for the economy to recover in order for us to become self-sufficient. If after reviewing Chief Howard's proposal, you should require additional Informa- tion, please do not hesitate to contact me. Thank you for your consideration In f this matter, t i s i l J LC 1 ec ) ~ 4 The City of Denton has recently annexed territory east of klayhiil Road and in the vlcinlty of the Loop 268 extension. Much of this land is presently covered 4ith grass and brush. This territory and the proposed Greenbelt area will re- quire specialized ground corer firefighting apparatus. Additionally, there are some structures In these arias that are not near a water source. The Greenbelt area and area near Ray Roberts Lake will require some minimum type of water rescue capability. I Mayhill-Cooper Creek Fire Department lists among their assets a specialized ground cover firefighting apparatus and a small boat and trailer that ceuld serve, at least temporarily, as a water rescue vessel. They also have a tanker truck for i rural structure fire fighting where no water supply is available. During the past year, Dentin Fire Company No. 2, housed at 3309 East McKinney i Straet, and/or Company No. 4 at Sherman Drive at Kings Row, responded to fire calls, fill-ins, or utner emergencies requiring extended periods of time away from the station 134 times. E Mayhill-Cooper Creek Fire Department is presently dispatched through the Denton { County Sheriffs Office. Calls for emergencies In Mayhlil-Cooper Creek's district often come to the Denton Fire Department Alarm Office and must then be re-di- rected to the Sheriff's Office causing undue delay. Mayhill-Cooper Creek Fire Department averages 65 calls per year. Of these, 3 to 4 are structure fires. Due to a comparatlveiy small number of structure fires in their district, and to the lack of facilities and trained Instructors, Mayhill-Cooper Creek 'Ire Department 'acks sufficient training for their personnel, particularly advanced levels of training. Both the Denton Fire Department and the Mayhill-Cooper Creek Fire Department would beneflt from an automatic mutual aid agreement. Such an agreement should include tha following: 1. Denton Fire Department will automatically respond to structure fire and/or 1 incidents which present an Immediate threat to human life in Mayhill-Cooper Creek Fire District. 2. Incident command shall lie with the senior officer present In whose district the incident occurs. Except that when, In the opar.lort of the Denton Fire Department Officer Present In the interest of efficient delivery of service or to Insure safety of operations It becomes necessary to assume command, he shall do so without hesitation. And upon the assertion of the Denton Fire Department Officer that he Is assuming command, the Mayhill-Cooper Creek Fire Department Officer shall relinguish command. 3, Denton Fire Alarm Office will assume responsibility for receiving and dls- patching emergency calls for Mayhill-Cooper Creek Fire District. 4, Mayhill-Cooper Creek VFD will provide automatic mutual aid cover:,-fie for Denton Fire District No. 2 and No. 4. 5. Denton Fire Department will provide appropriate fire training for Mayhlll- Cooper Creek Fire Department,,and Mayhill-Cooper Creek VFD agrees to attend such training and to provide appropriate training for the Denton Fire Department. T - Opp 6. Liability for personal Injury and property damage shalt lie 'with the Individual department when responding Into another district and each entity shall hold the other harmless In any case. r i ' r i q Y Y , t ~ 7 tl r i y I u ` c I 2149L t , RESOLUTION NO. f f, A RESOLUTION APPROVINI AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND MAYHILL-COOPER CREEK VOLUNTEER FIRE DEPARTMENT, INC.: 1 AND PROVIDING AN EFFECTIVE DATE. ! THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is authorized to execute a mutual aid agreement between the City of Denton and C Mayhill-Cooper Creek Volunteer Fire Department, Inc., under the terms and conditions contained to said agreement, which is s attached heretu and made a part hereof. j SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. a RAY STEPHENS, MAYOR I ATTESTi s i JENNIFER Si SIALTERCITY SECRETARY j APPROVED AS TO LEGAL FORM: DEBRA ADAMI DPAYOVITCH, CITY ATTORNEY . BYI ~r 1 t P' i4 i N 2149L THE STATE OF TEXAS 5 MUTUAL AID AGREEMENT BETWEEN THE CITY OF DENTON AND THE MAYHILL-COOPER COUNTY OF DENTON 5 CREEK VOLUNTEER FIRE DEPARTMENT This Agreement is made by and between the Mayhill-Cooper I Creek Volunteer Fire Department, Inc. a Texas non-profit corporation hereafter referred to as MCC, with its principal offices in Denton County, Texas, and the City of Denton, a home rule municipal corporation, hereafter referred to as City. I WHEREAS, the Mayhill-Cooper Creek Volunteer Fire Department ! and the Fire Department of the City of Denton have worked ! closely together in a positive mutual aid relationship since the founding of the Mayhill-Cooper Creek Volunteer Fire Department in 1111, and . x. WHEREAS, the fire district protected by MCC lies adjacent ~ to the City of Denton, entirely within the extraterritorial jurisdiction of the City of Denton, and may be annexed into the City of Denton in part or in whole, and WHEREAS, many fire-related emergencies occur on or near the lines which separate these two entities, and WHEREAS, much of the area in the MCC district is in transition from rural to urban character and, therefore, requires a unique approach to emergency services, and WHEREAS, MCC and the City each maintain certain specialized apparatus, { NOW, THEREFORE, MCC and the City, for the mutual benefits stated hereinafter, do agree as follows: i 2. MUTUAL All) UPON REQUEST Upon request of the Fire Chief or the Fire Alarm Dispatcher of MCC, the City shall dispatch, during an emergency condition, to any point within the MCC District. Upon request of the Fire Chief or the Fire Alarm Dispatcher of City, MCC shall dispatch, during an emergency condition, to any point within the City's boundaries. i An emergency condition is deemad to exist at a time when: (1) one or more fires are in progress, or (2) a situation reasonably requires more equipment or personnel than can be provided by tte requesting party, wr P ;a 9 h~ h When an emergency condition exists, the Chief of the fire j department, or his designee, of the party receiving the request o send fire fihn shall determine whether it is eeuiiment t and/or pecsonneltito equipment, medical emergency q P assist the other party. The decision of the Fire Chief, or his I designee, shall be final. The responding party shall report to the officer in charge of the requesting party's forces at the location at whichhall the I equipment is dispatched. The responding party l released by the requesting party when the officer in charge of 1 the responding party's forces determines that the services of the responding party's services are no longer necessary. l II. AUTOMATIC MUTUAL AID Under this Agreement, each party agrees to diseat ch carstain types of assistance automatically to specifi emergencies without the need for any additional request for aid. City's Fire Department agrees to respond automatically n aid dispatch its forces to the scene of an emergency subject atoCethecdecision tof becomes aware ark d Efire xhibit wit"hin the marked attached map, the Chief of the Fire Department, or his designee, that such dispatching is feasible. within The ultimate tfire resonsibility s with the departmentnassigned establish that territory. III. OTHER SERVICES I City's Fire Department agrees to: (a) Answer heMCC fonp at r MCCt's n9 exline pense# in effective upon it inetallat the City's Fire Department Alarm Office. io II (b) tProvide hrough Ghei C ty sd dispatch onor radKCC frequencies shared by the parties. f (o) Automatically responds to structure fires in areas listed on the map. (d) provide and participate in joint training activities to maximize the Pffectiveness of mutual aid operations. FAGE 1• ,s rr ' 1 a a (e) Make available special expertise when appropriate. (f) Provide mutual aid on request if available. f` MCC agrees to; •(a) Automatically provides tanker support to the City at structure and grass fires more than 1,000 feet from fire hydrants, or as requested. (b) Augment City during large grass ar,d/or brush fires I} with appropriate off-road equipment and gained personnel. E (c) Provide back-in support in Zity's Stations 2 and 4 Il during major emergencies and multi-alarm fires when City will be out of those stations for a ` significant time. ' (d) Provide and in a participate joint tra{Wing activities to maximize effectiveness of mutual aid I operations. (e) Make available special expertise when appropriate. (f) Provide mutual aid on request if available. IV. COMMAND Command will rest with the ranking fire officer present from the department in whose district the incident' occurs. MCC stipulates that the judgments of the City's Fire Officer in command, in either district,' shall prevail regarding questions of life safety. V. INDEMNIFICATION MCC agrees to indemnify and hold harmless City, its agents and employees from and against all claims, damages, losses, and expenses, includin•; reasonable attorney's fees, in case it shall be necessary to pursue legal action arising out of performance of the services and duties herein which are, or are alleged to have been caused in whole or in part by MCC, including but not necessarily limited to the negligent acts and/or omissions of any member of MCC. PAGE 3 1 f r t; Each party waives all claims against the other party for compensation for any loss, damage, personal injury or death I occurring as a consequence of the performance of this Agreement. r` VI. COSTS Neither party shall request reimbursement from the other party for costs incurred pursuant to this Agreement. Personnel s who are assigned, designated or ordered by their governing body to perform duties, pursuant to this Agreement, shall receive the same wage, salary, pension, and all other compensation and ' rights for the performance of such duties, including injury or death benefits, and Worker's Compensation benefits, as though i the service had been rendered within the limits of the City ; where he or she is regularly employed. Moreover, all wage and A disability payments the requesting party is required to pay pension payments, damage to equipment and clothing, medical I E expenses, and expenses of travel, food, and lodging shall be 1 paid by the party whom the employee in question is regularly employed. I VII. GOVERNMENTAL FUNCTION At all times while equipment and personnel of either the PPP City's fire department are traveling to, from, or within the geographical limits of MCC in accordance with the terms of this i Agreement, Such personnel and equipment shall be deemed to be I employed or used, as the case may be, in the full line ano cause of duty of the City. Further, such equipment and personnel shall be deemed to he engaged in a governmental E function. VIII. The term of this Agreement shall be for two (2) years. It may be terminated at any time by either party giving thirty (30) days advance written notice to: Mi.YgILL-COOPER CREEK VOLUNTEER CITY OF DENTON FIVE DEPARTMENT, INC. 1 Chris Cowan, Chief Lloyd V. Harrell f Hayhi2l-Cooper Creek VFD City Manager P.o. sox 112 215 East McKinney Denton. Texas 76202 _ Denton, Texas 76201 PAGE 4 s y S 7 1 if rx. 1 This Agreement may be amended by written instrument signed by both parties. Executed this the day of r 1988. MAYHILL-COOPER CREEK VOLUNTEER CITY OF DENTONt TEXAS FIRE DEPARTMENTS INC. f BY: BY_: CHRIS COWANt CHIEF RAY STEPHENS, MAYOR f 'i ATTEST: ATTEST: 3 SECRETARY JENNIFER WALTERS, CITY SECRETARY r i s PAGE 5 ,r F~ J I r` r G 'Ft a, tt l 1 &t s' f r I 1 I FIIIL f f E i I I i i I I1 ciryol IDENTON, TEXAS MUNfCIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) see 8307 I I Office of the city lNanager p S M E M O R A N D U M ► i T0: Lloyd v. Harrell, City Manager FROM; Rick Svehla, Deputy City Manager t DATE: November 188 1987 i i SUBJECT: Designation Woodrow/Audra/Nottingham During the Council meeting on November 39 Council expressed some concern on the designation of Woodrow/Audra/Nottingham. turn lane lane i facility with talked continuous bidding hand Woodrow During a n four those in the middle. There was some concern by the Council that we ought to stake sure that individuals along this whole alignment understood that this facility would be a major north/south artery on the east side of the City. We have gone back and checked early planning documents. 1 have attached it copy of the transportation map from the original Denton Development Guide done in 1981 as well as the revised guide put out in 1986. Both of these documents show the Woodrow/Audra/ Nottingham facility to be a secondary arterial. provisions at major It would be a four l facility movements, intersections to allow for left hand turn with In the past, Council has made decisions that are consistent I with these plans. In particular, over the years we have planned and zoned property between McKinney Street and Mingo Road which have allocated 80 of right of way or half of that right of way because of development on only one side of the roadway. New subdivisions include Audra Estates, Lee Meadows s, Royyal Meadows, and the Mack Addition, All o subdivisions dedicated 40', and we've all ready built pavement I 22 1/2' wide. We also have a major portion of the toed further ted InrthisCpelatie11180' ofatthe righthof way haslbeen prelaiminarily dedicated. Since Council has asked us to look at the whole we have facility to make sure people are aware of the City s plans, at all of the intersections along this route. The staff still feels comfortable with suggesting five lanes from McKinney Street to just south of Morse because of the amount of i i 1 } it Lloyd v, Harrell November 18, 1987 Page 2 Currently, Audra is separated driveways and existing homes, y north of McKinney; and we also have a small C-l phinko act is f extend this divided portion to Paisley Road. this II reasonable because of the traffic generated by the Lee School. would narrow back we four get I lane North Paisley road, We facility close to Mingo where we would suggest widening to allow left turn lanes at Mingo Road. This would be true on the south side i as well as the north side which is the beginning of another C.1.P. project. We suggest since there is a fairly small distance between Nottingham and University that the facility remain as a four lane divided street. This would enable us to allow the facility to move traffic rathrr than to become congested with a large number of turning movements in the travel lanes. Since the original development guide and the revised development guide show this facility to be a secondary arterial, we are not quite sure what other questions the Council had in mind. There was talk of a resolution that would have one secondary drafted arterial. desinate es, we Audra by the ottoreha's office. could as a wish Please advise the Council of this information. We would be happy to implement any further changes that would help disseminate this information about Audra Lane. 0 zl_ C VC a - 1 Deputy City Manager RStbw 3714M i J r- `i L Denton Development Guide 1981 r I ,..1.1 1Of •••HH•.1• i + • r / \ \ • • G= v l 1 ~ . I r f~ V 00 s ~ • 6 . % of Oslo Plate 6 MAJOR THOROUGHFARE PLAN _ Major Arterial(Paimmy) Tronwawl city, A b 6 lom, Woo tt7righl d vmy • Major Arterial(U<0NMltr) Cmwd1 maim wctlom of 04 city, 3 to 4 Iona 60'1+ 00'raw Collector(Not S40WN)Uwc11'111 W ""fie m wwfiok, 50'to 60'iow O Existing Orado Separation (V proposed Wwc4 two) Grade gyration NMI Im 1 & 7 No Pw SI r---- ~A/~O .fR I I ' I T T lr IMP tp^p^ Y' p• DENTOR DEVELOPMENT GUIDE MAJOR T H R O U G H F A R E PLAN Revised: 1986 k dosed ' L:ras or p • ~ti•ca • aekv :El ELOPXIN: r 00 v t ' ~ ~J •IeeeOe • ~y r i i • r' , ,}7 tL' ~ ` IYe 1 LM O ~ , . • J ~ • • h • + 0 32 ALL a go r • 1 ~ • rte' I ~ ~ ; ` esla of. •eeeee ••e• *be / 0 } r I CO 1NTNg I 6 STREET DESIGNATION STREET SPECIFIGAILON WOR ARTERIAL (Priesary) Transverses City, 4 to 6 lines 1 80' to L20' R.O.W. Blvd. desitAb le :ik,IOR ARTERIAL (Secondary) Connects a%& settions of town -55- 60' to 80 RIO •W., ] to 4 Lanes COLLECTOR (Not shovn) Collects n601ghhboOruoodltraneic to arterial! to , I 2109L i i i R RESOLUTION NO. i A RESOLUTION REAFFIRMING THE DESIGNATION OF WOODROW LANE, AUDRA LANE, AND NOTTINGHAM STREET AS SECONDARY MAJOR ARTERIAL STREETS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Major Throughfare Plan of the Denton Develo Development Guide, as amended, designates all or part of Woodrow Lane, Audra Lane and Nottingham Street, as secondary major arterial streets, and, WHEREAS, the City has proposed to make improvements to all or part of those designated streets; and, k WHEREAS, the City Council wishes to reaffir.i„ the designation of those streets as secondary major arterial streets; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: s' SECTIG*I I. That those portions of Woodrow Lane, Audra Lane, and Nottin;~ham Street, designated as secondary major arterial streets in the Denton Develo meat Guide, as amended, shall conttnue to b3 designated as secondary major arterial streets on the Major Thro,'ghfare Plat. z SECTION II. That this resolution shall become effective imme atee ly'upon its passage and approval. PASSED AND APPROVED this day of , 1988. RAY STEPHENS# MAYOR ATTEST: 1 JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FOnM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY s BY: C r' a; P 41 11111 H7H 1 i -4 1 s t 4 P y 1 E -11 1 loll IIHHF i I 2175L RESOLUTION NO. A RESOLUTION SUPPORTING THE COUNTY OF DENTON'S BUILDING AND RENOVATION PROGRAMS IN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Commissioners Court of the County of Denton has recently completed three major building projects in the City of Denton; and WHEREAS, the Juvenile Detention and Probation Center and the County Jail and Law Enforcement Center are both examples of the commitment the commissioners Court has made to the people of Denton; and ' WHEREAS, the renovated Courthouse on the Square is a G structure that all of the residents of Denton County cherish for its beauty and historical significance; and f WHEREAS, these three structures are indicative of the spirit of cooperation that is the foundation of the relationship between the City and the County of Denton; and WHEREAS, the City Council of the City of Denton wishes to congratulate the Commissioners Court on the successful completion of these projects; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ^FNTON: f SECTION I. That the Denton City Council hereby affirms 1 its support of the commissioners Court of the County of Denton as it strives to modernize and beautify its facilities. SECTION IT. That the City Secretary is hereby directed to forward a copy of this resolution to county Judge Vic Burgess, Commissioner Ruth Tansey, Commissioner Don Hill, Com,aissioner Lee Walker and Commissioner Sandy Jacobs. SECTION III_ That this resolution shall become effective immediately upon its passage and approval. f . 1' t PASSED AND APPROVED this the 19th day of January, 1988. i E RAY STEPHENS, MAYOR y 1 ATTEST: j r, F JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHr CITY ATTORNEY BY: f i Y Y I 1, i f t f 1 I s 1 f ~ 4 ' I I I I I, t i I i I I I I r r I i i, 1 ON, TEXAS 76201 / TELEPHONE (817) 5668140 DA CITY Of DENTON, TEXAS MUNICIPAL BUILDING / DENT f M MEKORANDUK DATE: January I1, 1988 T0: Lloyd V. Harrell, City manager FROM. John P. mcGrane, Executive Director of Finance k SUBJECT: NOYEKBER BUDGET REPORT Now that the year end audit is in its final stages, scheduling in the Finance monthly accounting report is starting to return to normal. le (approximately distributions should return to its regular schedu the 15th of x the following month). eral Fund, _ Current outlook for the 1987-68 budget looks promising, In the Genth current preliminary revenue returns are coming in over all at year. of somee specific s budget as compared for 101 the same time period i areas to be highlighted in General Fund revenues are as follows. sales tax fe month tHtel occupancy itaxwis ahead of collections relative to 2U, 000. As you know, this tax is past through I9,399 budgeted. Although prior year's by approximately to the various visitors' and convention activities within the City. not a large amount, the bingo tax 3100 over the same period from is up bd von by the addition of the new ! l last year. This appears to be principally i 1 bingo facility at the old Safeway supermarket. 700 over last year as well as nd fees are up rice inspections fines upa,bo t 1900 over the same period last year. Birth :f electrical permits being p and death certificates are up considerably. We are now seeing some of the benefits of the restruct,.1ring that occurred in the municipal Court area. i T , 1 i s . a y Memo to Lloyd V. Harrell January 11, 1988 Page 2 V Current collections for birth certificates for the same period last year was F 01,323 same period this year is 40207, The same holds true in the death certificates areas--last year 772 was received at this time and currently 1,709 have been collected. Building permits are down slightly same period a' comparison is 9049 and 09730 same period last year. Although for the month F,,y of November the permits were up about 0400. Plumbing inspections are off by about $1700 current year to date over last year. The biggest drop being $2179 for the month of November as compared to 03,587 for the same month last year. I am also happy to report that interest income is up. Jim Bunyard, the Treasurer, has been looking at ways of depositing funds quicker and doing cash flow analysis. The current collection for the month of November was 0230875 as opposed to 010,754 for the same month last year. He are looking for increases to continue in this area throughout the year. On the expenditure side of the General Fund, most areas are at budgeted € level. Total percent of budget used for the General Fund is fifteen (151) per cent. Last year amount used for the same period of time was fourteen (141) per cent. Total expenditures in the General Fund for the months of October and November is 3,414,894. ;y Once again, although it is somewhat early in the year to be making predictions, it does seem that the General Fund is in pretty good shape at the present. As you are also aware we had some good news with the December sales k tax check which was 047,000 above what was budgeted in this year's budget. 4 Hopefully, this trend will continue. e* # If you reed any further information, please advise. 3 John F. McGrane L JFMcG:af 3094F t i v fit oil R~ S 9 j i 3 i E { w i i { i FILE 3 f