HomeMy WebLinkAbout01-19-1988
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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:
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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.
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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;..
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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:
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7:00 p.m.
i Resolution:
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A. Consider approval of a resolution in appreciation
( of Cecil White.
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t City of Denton City Council Agenda
January 19, 1988
Page 2
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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).
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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
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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.
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City of Penton City Council Ajerda
January 19, 1988
Pape 4
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{ B. Consider adoption of an ordinance acceptinp
competitive bids and providing for the award of
contracts for public works or improvements.
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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),
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City of Denton City Council Agenda
January 19, 1988
Page 5
7. Pesolutions
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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.
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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.
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C E R T I F I C A T E
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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
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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,
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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, }
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B, Real Estate Under Sec. 2(f), Art. 6252.17
V.A.T.S.
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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).
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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
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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.)
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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.
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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.
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RAY STEPHENSr MAYOR f
ATTEST: {
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JENNIFER WALTERS, CITY SECRETARY
9
APPROVED AS TO LEGAL FORM:
'DEBRA ADAMI DRAYOVITCHJ CITY ATTORNEY
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City of Penton City Council Agenda
January 19, 1988
Page 4
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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),
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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. '
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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.
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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.
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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
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. 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:
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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. ;
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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
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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
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, ea/,al e,w2i~c~al
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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
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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)
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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.
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Please find attached a sheet indicating three financing methods.
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Attachment
HEMO2144
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v. s. NWY 77 Rus/Nfss
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I .i ORNAMENTAL TREE
I8o' X 8' LANDSCAPED AREA
• DWARF
1 !i YA UPON HOLLY
PROJECT LOCATION LUE A'~UO JUNIPER;
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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 `
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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
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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
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2, Bell Avenue 03.15-88 G3-18-88
I& F~ Mingo to McKinney
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+ 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
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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
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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.
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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.
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' 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
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FISCAL IMPACT:
r; N/A
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RESPEC LLY SUB TED
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t,loy V. Harrell
City Manager
Prepared by .
Name :Br inkman j
I Title Director of Parks and Recreation
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Title
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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
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` 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
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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
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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
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Prepared bys
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av. Al A., t
Denise Spi ey
Urban Planner
Ap++p~~roveds
David Ellison
Acting Director for
Planning and Development
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C111 COUNCIL AGENDA
BACK-UP SUMMARY S:iUl
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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.
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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.
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ATTACHMENTS: 1, Reduced plat
2. Location map
3. Memorandum,
4. Minutes of Planning and Zoning Commission
meeting of Uecember lb, 1987
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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
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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; '
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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.
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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:
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EZ'IFETA~Y
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
B Y t • ~YY~,~
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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
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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
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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
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Planning and Zoning Commission
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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.
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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.
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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 -
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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
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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,
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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).
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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.
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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.
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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.
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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.
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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
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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
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DENTON, TEXAS 76201
C11 Y of DENTON
MbkURANDUM
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Date: January 14, 1988
To. Mayor and city Council
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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
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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
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Memorandum to City Cu,iucil
January 14, 1988
t Page 2
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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.
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Attachment
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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.
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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
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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.
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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
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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.
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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
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V.RN,T10. ~ i ~ I
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V ASH 1
„Ut■d I k
iA p~
M' .d"
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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[% {
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M R}1, 011:4
CINWA
' TRINITY BAPTIST CHURCH
WP4
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PIN.
BURKE MINEERNO M
CON9ULTk10 gVll ENOINE[A '
' ~ MMOM,Tl1W 1101 WtM
V- 39
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CITY of DENTON DENTON, rexAi veto,
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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.
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CITY Of DENTON
DENTON, TURN ?@so,
M8MORANDUM t
t E
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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
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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.
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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.
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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
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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.
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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.
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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.
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trade Lilley asked when construction of Masch Branch Road
would be done. Mr. Claiborne stated that there are no
construction plans at this time.
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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.
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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,
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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
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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
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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'
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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.
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PASSED AND APPROVED this the day of , 1988.
RAY STEPHENS, MAYOR
E
ATTEST:
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JENNIFER WALTERS, CITY SECRETARY F
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r
BY: ~Y~~ ✓~-wti
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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
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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
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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
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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
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Denise S ive+y f
Urban Planner
Approve4:
David Ellison
Acting Director for
Planning and Development
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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
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LOTS IBA' 8; 1511 BLOC K I 1I,
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WINDSOR RIVE. .SECTION TWO
CITY 'OX. DENTIN
Y4' DENTON COUNTY TE%A9
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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
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DUE: 0]/19/88
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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
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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.
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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
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0.100 ACRES TOTAL ,
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0.101 ACRES PEi LET ~ K 4r~ ~ wlarRlt Kati !N IQ1
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1 ~ AVE. GRACE TEMPLE BAPTIST CHURCH
1100 WELT DAN STREET
ArD I / d/ f DEMON, TENA3 76501
110 W-1137
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1 I AN " METROPLE% ENGINEERING CORPORATION
1111 M 1 ENOTNEEPINO 1 PLANNINI , EIMWEYINO
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• tiinIla'ilM GRACE TEMPLE BAPTIST !CHURCH ADDITION
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C'"DINANCE
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Cw~ AYLNUL SO IC ABANDONED AS PER ........he' U.
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-1• • tlalrle time • RACE TEMPLE BAPTIST CHURCH A001116
I1110Mm0 time
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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.
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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,
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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
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0923L
NO.
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! 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
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9808 ALL GUY-LANKY CIIRSYLER PLYMOUTH $143,342.32
9818 ALL U.E.C. EQUIPMENT CO. 78,836.00
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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:
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JE NIFER AL ER , C T SE R
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
1 CITY CITY ATTORNEY
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I BY:
PAGE TWO
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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;
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Norm ars a ,
ame:`,,'
~j 0 Purchasing Agent
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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
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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.
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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:
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flame: ,John 3. Marshall, C.P.M.
-T fie; Purchasing Agent
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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.
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I QTY I ITEM DESCRIPTION I VENDOR VENDOR L VENDOR I VENDOR 1 VENDOR
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I I Model 1 331 1 331 I HN 1 I I f
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y I I NYD NINCN I 1,101111 I 1,165.11 1 3,127.11 1 1 1
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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
_
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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
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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.
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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
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• 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
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I I I T 1 1 I !
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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.
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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.
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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.
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Respectf 13y submitted:
U
L1oy Y. Harrell
City Manager
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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
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` CITY of DENTON, TEXAS 215E, MCKiNNEY I DENTON, TEXAS 762011 TELEPHONE (817) 5888200
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MEbiURANDUM
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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;
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0521E
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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
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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
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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
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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.
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PAGE TWO
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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
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City Hager
Prepared by:
~11a John J. Marshall, C.P.M.
" Title. Purchasing Agent
Approved:
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.
jme: John J. Marshall, C.P.M.
T j t j e: Purchasing Agent
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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
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01. 610-080-0251-9211 1 EA M W DIESEL GENERATOR $19,000.00
EMD-M 16 SR: 36-L-44
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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
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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(
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)
i
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
There is no impact on the general fund.
j
Re ape ully ubm d:
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+
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
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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
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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.
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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:
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PAGE TWO
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C/O LnIFY CHEATHAM KAETFb'lE}f IIJVlIII~ri f IrnCa
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January 13, 1988
I PF,Z cobjmISSION AGENDA ITEM
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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
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new service.
4. Old facilities were updated to current standards and owner
paid for a portion of the cost.
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5. Owner to pay all fees required for processing easement
abandonment .
SUMMARY /BACKGROUND:
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~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.
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FISCAL IMPACT:
None at this time. Owner paid for removal of existing facilities
and for special facilities required for their new serv'ce.
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R. E. Nelson, Exec ut ve D rector
Department of Utilities
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Prepared by:
!Gl .r
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Senior Electrical Engineer
Approved by:
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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
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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.
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Chew made a motion to recommend to the PAZ and City Council
subject easement abandonment. Second by LaFnrte. All ayes, no
nays, motion carried.
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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
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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)
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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.
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Page 2
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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
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prepared by::~
Cecile Carson
Urban Planner
Approved: i!t
David Ellison
Acting Director for
Planning and Development
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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
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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
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PASSED AND APPROVED by the City Council on the day of
1988.
RAY STEPHENS, MAYOR
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j ATTEST:
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JENNIFER SPALTERSrCITY SECRETARY
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APPROVED AS TO LEGAL FORM:
f DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: Its •~`rC~t. 'b.r.a..:_
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A-51/PAGE THREE
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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;
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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;
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'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;
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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
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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,
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EXHIBIT B
I FIELD NOTES
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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';
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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
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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;
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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
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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,
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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.
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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
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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
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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
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~ 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,
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1826L
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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~
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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:
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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
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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
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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,
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(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
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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.
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RAY STEPHENS, MAYOR
ATTEST:
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a JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM: t
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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wry of DENTON, TEXAS 215 E. WKINNEYI DENTON, TEXAS 76201 /TELEPHONE (817) 566.8200
MEMORANDUM
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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
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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. -
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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.
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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)
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1 NEW SEC. 21-19 will aid Police and Fire Department
personnel in locating apartment buildings within
complexes having more than one building.
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1586L
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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
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RAY STEPHENS, MAYOR
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ATTEST:
{
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORA:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY:
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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
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Into this Intertocal Cooperation Agreement for Health Services and mutually agree upon
the following terms and conditions:
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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.
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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
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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
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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.
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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
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DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS
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By: By:
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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:
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Rob Morris
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DENTON COUNTY ATTORNEY
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CITY of DENTON# TEXAS 215 E. MCKINNEYI DENTON, TEXAS 76201 /TELEPHONE (817) 5668200
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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.
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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.
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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.
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If you have any questions or concerns, please feel free to contact mer
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Paulette S-Holmes
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2180L
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NO.
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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,
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j SECTION II. That this ordinance shall become effective
{ immediately upon its passage and approval.
1988.
PASSED AND APPROVED this the day of r
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RAY STEPHENS, MAYOR
f
ATTEST: "
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY. y
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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.
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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.
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Respe ulll/y submitted,
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Prepared by:
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Electric Utilities
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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
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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
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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
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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.
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If additional comments are required,
pleas do not hesitate to calf.
urs,
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EXCERPT
MINUTES PUBLIC.'UTILITIES BOARD
November 9, 1987
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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
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~ 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.
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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
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gcr
Attachment; B&V letter cf 2/22/BS $ subject contract
ExHiBrr.1foo
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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
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AGREEMENT FOR
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DESIGN ENGINEERING SERVICES
BETWEEN
2
CITY OF DENTON, TEXAS
E AND
BLACK do VEATC11. ENGINEERS-ARCHITECTS
July 18, 1984
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' 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
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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.
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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.
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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.
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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).
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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.
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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,
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Engineer shall not make any written or verbal statement to any press or news media concerning
the Project without the written authorization of Owner.
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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,
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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.
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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
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(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:
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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
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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.
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(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,
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(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.
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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
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(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,
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(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,
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(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.
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(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.
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(S) Instrument and Control
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(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.
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(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.
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(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.
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(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.
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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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.
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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
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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.
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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.
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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
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good" hocwe~l ~4 A D
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A - Awed
1 D - Delivery fROIECT SCHEDULE
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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
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RAY STEPHENS, MAYOR
ATTEST=
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JENNIFER WALTERSo CITY SECRETARY t
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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
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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
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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.
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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
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By
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BLACKS VEATCH
ENOINEERS-ARCHITECTS
BY: E
r
TITLE:
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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.
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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
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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
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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
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R1Y 6TEPHENS, MAYOR
ATTEST:
JENNIFER WALTbnas SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
'h av,
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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
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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
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TOTAL
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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
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'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
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Completion of Library Expansion
l Completion of Law Enforcement Center/ 109000000
Court Complex
~ IU 0
TOTAL
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Page 3
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1991-1992
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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
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DATE: 01/19/88
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CITY COUNCIL REPORT FORMAT
TOs Mayor and Members of the City Council
{ FROM. Lloyd V. Harrell, City Manager
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! 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.
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FISCAL IMPACTS
$6#464#306 program for new year being added (1991-92),
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Reap ulM.444
ds j Llo Y, Harrell ;
City Manager
Prepared byt '
David Ellison
Acting Director for
Planning and Development
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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
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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
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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.
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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.
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may 27, 1997
Page 6
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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.
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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
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May 27, 1y67
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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-
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MEMO 67-038
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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,
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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 -
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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.
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2149L
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RESOLUTION NO.
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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
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ATTESTi
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JENNIFER Si SIALTERCITY SECRETARY j
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DPAYOVITCH, CITY ATTORNEY
.
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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,
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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.
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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.
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(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.
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(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
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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
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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.
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BY: BY_:
CHRIS COWANt CHIEF RAY STEPHENS, MAYOR f
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ATTEST: ATTEST: 3
SECRETARY JENNIFER WALTERS, CITY SECRETARY
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I1 ciryol IDENTON, TEXAS MUNfCIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) see 8307
I I Office of the city lNanager
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S M E M O R A N D U M ►
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T0: Lloyd v. Harrell, City Manager
FROM; Rick Svehla, Deputy City Manager
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DATE: November 188 1987
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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
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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
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Denton Development Guide 1981 r
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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
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DENTOR DEVELOPMENT GUIDE MAJOR T H R O U G H F A R E PLAN
Revised: 1986
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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
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RESOLUTION NO.
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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.
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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
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BY: C
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41 11111 H7H
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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:
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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.
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PASSED AND APPROVED this the 19th day of January, 1988.
i
E RAY STEPHENS, MAYOR
y 1
ATTEST:
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F
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCHr CITY ATTORNEY
BY:
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ON, TEXAS 76201 / TELEPHONE (817) 5668140
DA CITY Of DENTON, TEXAS MUNICIPAL BUILDING / DENT
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M MEKORANDUK
DATE: January I1, 1988
T0: Lloyd V. Harrell, City manager
FROM. John P. mcGrane, Executive Director of Finance
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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.
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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
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JFMcG:af
3094F
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