Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03-01-1988
t AGENDA CITY OF DE,NTON CITY COUNCIL March 1, 1988 1 Work Session of the City of Denton City Council on Tuesday, March 1, 1988, at 5:30 p.m. in the Civil Defense Room of City Hall at which the following items will be considered: 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. Receive an update from the Beautification Task Force. Consider approval of procedures for the final adoption of the Denton Development Plan. (The Planning and Zoning Commission recommends approval.) r 3. Hold a discussion regarding disposal rates for autos and pick-up trucks at the City's Sanitary Landfill y i site. 4. Receive a report regarding a City-School District swimming pool. S. Presentation of a draft solicitation ordinance. 6. Receive a report regarding contracts of obligations ( for various vehicles included in the 1987-88 budget, 7, Executive Session: A. Legal Matters Under Sec. 2(e), Art. 62S2-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252.17 • V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 1. Discussion regarding nominations to the Main Street Committee. Regular Meeting of the City of Denton City Council on Tuesday, March 1, 1988, at 7:00 p.m. in the Council Chambers of City j Hail at which the following items will be considered: i, j I . 5~. I I' City Of Denton City Council Agenda 1 March 1, 1988 Page 2 i 7;00 p.m. 1. Consider approval of the minutes of the regular session of February 2, 1988, the work session of February 9, 1988 and the regular session of February ` 16, 1988. 2. Consider a request from Doug Gray and Lori Franzke representing the NTSU Greek System to solicit funds from City streets. 3. Consent Agenda: I Each of these items is recommended by the Staff and I ? I approval thereof wail 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 foi payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4.A, 4.11). 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: 1. Bid 09828 - 12 yd. Dump Truck 2. Bid #19829 - Side Loading Refuse Truck 3. Bid 09830 - Panel Furniture Addition 4. Bid 09837 - Tractor F, Implements S. P.O. 082231 - Eli Meyers Pump Service - $11,900.00 B. Plats and Replats 1. Consider approval of preliminary plat of the Chamberlain Addition, Lots I-S, Block A. (The Panning and Zoning Commission recommends approval.) 2. Consider approval of preliminary plat of the Denton High School No. 2 Addition, Lots 1, 2 and 3, Block 1. (The Planning and Zoning - Commission recommends approval.) i I , rr Y I N ' City of Denton City Council Agenda March 1, 1988 { Page 3 Y J. Consider approval of preliminary plat of the Fire Station Addition, Lots 1, Block 1. (The Planning and Zoning Commission ` recommends approval.) I C. Tax Refunds f h 1. Consider approval of a tax refund for Robert Hankins - $1,271.64 2. Consider approval of a tax refund for Connell Development - $526.76 3. Consider approval of a tax refund to Home Savings of America for Leon Kimes - $971.09 4. Consider approval of a tax refund to G, L. Mitchell - 974.14 4. Ordinances A. ' Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, I equipment, supplies or services. I B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in 1 accordance with the provisions of state law exempting such purchases from requirements of competitive bids. C. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefor; and providing for an effective d,te. (Martin Luther King, Jr. Recreation Center) D. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefor; and providing for an effective date. (Westgate Hills North Phase I Street Participation) t i { f I ~r M v~ City of Denton City Council Agenda March 1, 1938 Page 4 E. Consider adoption of adoption of ordinance and service plan annexing approximately 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.) F. Consider adoption of an ordinance of the City of Denton, Texas, providing for one-way traffic from west to east on Third Street from its intersection with Locust Street to its intersection with Austin Street; and providing for a penalty of a fine not to exceed five hundred dollars ($500.00). (The Citizens Traffic Safety Support Commission recommends approval.) G. Consider adoption of an ordinance prohibiting the parking of vehicles on both sides of Third Street from its intersection with Locust Street -to its ! intersection with Austin Street; providing a severability clause; and providing a penalty not to exceed five hundred dollars. (The Citizens Traffic Safety Support Commission recommends approval.) H. Consider adoption of an ordinance of the City of Denton, Texas, providing for one-way traffic from east to west on Oak Street from its intersection with Bonnie Brae Street, to a point 456 feet west of Bonnie Brae, and for one-way traffic from west to east on Hickory Street from a point 456 feet west of Bonnie Brae to its intersection with Bonnie Brae Street; and providing for a penalty of a fine not to exceed five hundred dollars • ($500.00). (The Citizens Traffic Safety Support Commission recommends approval.) 1. Consider adoption of an ordinance establishing rates for the use of the City's Sanitary Landfill k site. 1 J. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, making certain findings relating to and involving the project of the Texas Municipal Power Agency known as the Comanche Peak Steam Electric Station and associated facilities; authorizing the execution and delivery of a release and covenant not to I f i i 1 ~r.~w,•~.~. r _ i I City of Denton City Council Agenda March 1, 1988 Page S sue with respect to said project and the joint ownership agreement to which said agency is a party; consenting to, approving, authorizing and ratifying two agreements between said agency and Texas Utilities Electric Company concerning said project and joint ownership agreement and the electric power and energy generated at said project; releasing any claim against said agency on account of its execution of each of said two agreements between said agency and Texas Utilities Electric Company; approving the withdrawal, under certain condition, of said City's approval of said project; making certain representations and warranties; agreeing tc be bound by, and to comply with, the notice and other requirements set forth in an assumption and indemnity agreement executed by Texas Utilities Electric Company; authorizing the delivery of certain certificates of the City Secretary; and providing for an effective date of this ordinance, i K. Consider adoption of an ordinance calling and ordering an election to be held In the City of Denton, Texas, on May 7, 1988, for the purpose of electing Council Members to the City Council of the City of Penton, Texas to Places 5 and 6 and electing a Mayor to Place 7; ordering that the ppunch card electronic voting system adopted by 1 Denton County be used in said election; designating voting places and appointing election officials; providing for election supplies; providing for notice of said election; and providing of an effective date. S. Resolutions A. Consider approval of a resolution approving an interlocal agreement between the City of Denton and the Town of Ponder for the impoundment and disposition of dogs and cats. B. Consider approval of a resolution appointing members to the Main Street Committee. El C. Consider approval of a resolution recommending the consideration of energy conservation building M standards by the Building Code Board. (The Public Utilities Board recommends approval.) i r R> t` City of Denton City Council Agenda March 1, 1988 Page 6 j D. Consider approval of a resolution euthorlxing the i transfer of funds from the Utility System Fund to the Parks and Recreation Department. (The Public ! Utilities Board recommends approval.) E. Consider approval of a resolution temporarily closing Fry Street between the intersection Street and Hickory Street on Sunday, April r ~ Oak 170 1988 with a rain date of April 24, 1988. fl 6. Miscellaneous matters from the City Manager A. January Budget Recap 7. Official Action on Executive Session Itemst 1 A. Legal Matters B. Real Estate C. Personnel D. Board Appointments I I 8. New Business: k This item provides a section for Council Members to suggest items for future agendas. 9. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Discuss Maverick judgement proceedings and possibility oT- settlement in Sherrill v. iLtz . B. Real Es'.ate Under Sec. 2(f), Art. 6252-17 V.A.T.S. Co Personnel /Board Appointments Under Sec. 2(g), Art 6252.17 V.A.T.S. C E R T I F I C A T E I certify that the above notice of meeting was posted on the 1 bulletin bo at the City 11 of the City of 50ton, oTexas, ` on the `4" day of , 1988 at _ clock (a.m.) p.m r 2869C ii 1 N AGENDA CITY OF DENTON CITY COUNCIL March 1, 1988 Work Session of the City of Penton City Council on Tuesday, March 1, 1988, at 5:30 p.m. In the Civil Defense Room of City Nall at which the following icems will be considered: Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. r 5:30 P.M. 1, Receive an update from the Beautification Task Force. I i 7. Conside+ approval of procedures for the final adoption of the Denton Development Plan. (The Planning and Zoning Commission recommends approval.) 3. Hold a discussion regarding disposal rates for autos and pick-up trucks at the City's Sanitary Landfill site. 4. Receive a report regarding a City-School District swimming pool. 5. Presentation of a draft solicitation ordinance. 6. Receive a report regarding contracts of obligations I for various vehicles included in the 1987-88 budget. 7. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252.17 I V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 1. Discussion regarding nominations to the Main Street Committee. i f., Regular Meeting )f the City of Denton City Council on Tuesday, March 1, 19880 ai 7:00 p.m. in the Council Chambers of City Hall at which the following items will be considered: f i' i f 1 City of Denton City Council Agenda March 1, 1988 Page 2 3 7:00 p.m, 1. Consider approval of the minutes of the regular Fsession of ebruary 9, 1988ad t21 he regu~lar hsessi n of session 16, 1988. 2. Consider a request from Doug Gray and Lori Franzke representing the NTSU Greek System to solicit funds from City streets. 3. 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 ppayment under the Ordinance section of the agenda. Datailed back-up information islistinghed providee ordinances (Agenda items 4.A, 4.B). This I on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. t,ls and Purchase Orders: 1. Bid 09828 - 12 yd. Dump Truck 2. Bid 09829 - Side Loading Refuse Truck y 3. Bid 09830 - Panel Furniture Addition 4. Bid 09837 - Tractor f, Implements - S. P.O. 082231 - Eli Meyers Pump Service $11,900.00 B. Plats and Replats 1. Consider approval of preliminary plat of the i Chamberlain Addition, Lot ^ 1-S, Block A. Commission (The Planning recommends approval.) 2. Consider approval of preliminary plat of the Denton High School No. 2 Addition, Lots 1, 2 bnd 3, Block 1. (The Planning and Zoning Commission recommends approval.) 1 I 1 f i L ' ' I r ? City of Denton City Council Agenda March 1, 1988 Page 3 i 3. Consider approval of preliminary plat of the Fire Station Addition, Lots 1, Block 1. (The P'.annir,g and Zoning Commission recommenus approval.) C. Tax Refunds 1. Consider approval of a tax refund for Robert Hankins - $1,271.64 2. Consider approval of a tax refund for Connell Development - $526.76 3. Consider approval of a tax refund to Home Savings of America for Leon Kimes - $971.09 i { 4. Consider approval of a tax refund to G.L. Mitchell - $974.14 4. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, i equipment, supplies or services. B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in s f accordance with the provisions of state law exempting such purchases from requirements of competitive bids. r C. Consider adoption of an ordinance accepting competitive bids and providing for the award of I contracts for ublic works or improvements; i providing for the expenditure of funds therefor; and providing for an effective rate. (Martin Luther King, Jr. Recreation Center) D. Consider adoption of an ordinance accepting i I, competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefor; and providing for an effective date. (Westgate r Hills North Phase I Street Participation) 1 City of Denton City Council Agenda March 1, 1988 Page 4 i E. Consider adoption of adoption of ordinance and service plan annexing approximately 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 of the City of Denton, Texas, providing for one-way traffic from west to east on Third Street from its intersection with Locust Street to its intersection with Austin Street; and providing for a penalty of a fine not to exceed five hundred dollars ($500.00). (The Citizens Traffic Safety Support Commission recommends approval.) 1 G. Consider adoption of an ordinance prohibiting the parking of vehicles on both sides of Third Street from its intersection with Locust Street to its ` intersection with Austin Street; providing a ' severability clause; and providing a penalty not to exceed five hundred dollars. (The Citizens Traffic Safety Support Commission recommends approval.) H. Consider adoption of an ordinance of the City of Denton, Texas, providing for one-way traffic from east to west on Oak Street from its intersection with Bonnie Brae Street, to a point 456 feet west of Bonnie Brae, and for one-way traffic from west to east on Hickory Street from a point 456 feet west of Bonnie Brae to its intersection with Bonnie Brae Street; and providing for F. penalty of a fine not to exceed five hundred dollars ($500.00). (The Citizens Traffic Safety Support Commission recommends approval.) ` I. Consider adoption of an ordinance establishing rates for the use of the City's Sanitary Landfill site. J. Consider adoption of an ordinance of the City ! Council of the City of Denton, Texas, making certain findings relating to rod involving the project of the Texas Municipal Power Agency known as the Comanche Peak Steam Electric Station and associated facilities; authorizing the execution and delivery of a release and covenant not to a F' k' City of Dentoo City Council Agenda March 1, 1988 Page 5 sue with respect to said project and the joint ownership agreement to which said agency is a party; consenting to, approving, authorizing and ratifying two agreements between said agency and Texas 11ttitties Electric Company concerning said project and joint ownership green edt and sathe id electric power and energy g project; releasing any claim against said agency on account of its execution of each cf said two agreements between said agencapproving and Texas Utilities Electric Company; the withdrawal, under certain condition, of said City's approval of said project; making certain representations and warranties; agreeing to be bound by, and to comply with, the notice and N other requirements set forth in an assumption and indemnity agreement executed by Texas Utilities i; Electric Company; authorizing the delivery of certain certificates of the City Secretary; and ' providing for an effective date of this ordinance. { K. Consider adoption of an ordinance calling and ordering an election to be held in the City of Denton, Texas, on May 7, 1988, for the purpose of electing Council Members to the City Council of the City of Denton, Texas to Places 5 and b and electing a Mayor to Place 7; ordering that the, punch card electronic voting system adopted by Denton County be used in said election; j designating voting places and appointing election officials; providing for election supplies; Providing for notice of said election; and providing of an effective date. 5. Resolutions A. Consider appr -Pal of a resolution approving an ` interlocal agreement between the City of Denton and the Town of Ponder for the impoundment and disposition of dogs and cats. B. Consider approval of a resolution appointing members to the Main Street Committee. C. Consider approval of a resolution recommending the consideration of energy conservation building standards by the Building Code Board. (The Public Utilities Board recommends approval.) ,j J City of Denton City Council Agenda March 1, 1988 Page 6 D. Consider approval of a resolution authorizini the transfer of funds from the Utility System Fund to the Parks and Recreation Department. (The Publ4c Utilities Board recommends approval.) f E. Consider approval of a resolution temporarily i! closing Fry Street between the intersection of Oak Street and Hickory Street on Sunday, April 17, 1988 with a rain date of April 24, 1988. 6. Miscellaneous matters from the City Manager A. January Budget Recap 7. Official Action on Executive Session Items: A. Legal Matters E B. Real Estate f C. Personnel I D. Board Appointment;, 8. New Business: ` This item provides a section for Council Members to suggest items for future agendas. 9. Executi~e Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Discuss Maverick judgement proceedings and ; possibilityf settlement in Sherrill v: City. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. ! C. Personnel/Board Appointments Under Sec. 2(g), i I ! Art 62S2-17 V.A.T.S. C E R T I F I C A T E ? ' I certify that the above notice of meeting was posted on the i bulletin board at the City Ball of the City of Denton, Texas, on the day of 1988 at o'clock (a.m.) p.m. CI'PY- t"'F7[k 2869C 3 i I i q t A 1 E11 1 1 1 i 111 i r5 j + S f # III ..r w Y ..III s l JV } r ~ k I, I E i i h 1r I (n F I DATE: 93/01/88 CITY COUNCIL REPORT FORMAT Mayor and Members of the City Council T0: FROM: Lloyd Y. Harrell, City manager 1 SUBJECT: Staff Implementation Process For Beautification Task Force Proposals RECOMMENDATION: for each proposal are included in the attached Staff recommendations document. SU` RY: The Beautification Z0sk1991ce ThesCOUnciltreques ed ninformation hon Othe Council on October roPosal. The staff process for implementation of the beautification p he proposals to determine recommendations k r has reviewed and analyzed t for implementation. I BACK G_ R_O_ UND' In January 1987, the City Council appointed the Beautification Task ` . The Task Force met from march until tfrom adoption of land- Fordatice one for beautification of the City ranging emphasizing code enforcement. scaping and tree preservation ordinance to 3 PROGRAMS DEPARTMENTS OR AFFECTEDS Engineering, Parke and Recreation, and Community Services t Planning, are the departments nif ected. Beautification Task force and citizens e ` of Denton. a i' FISCAL IMPACT: the attached The fiscal impact of each proposal is included in document. a 4LlOY. ly submitted: arrel C ity Manager Prepared bYr , Elite th Evans Plannin] Administrator Ak bins Executive Directo for Planning and Development II 7 J r I i a „ f. j j TASK FORCE i PROPOSAL o Beautification Committee 1. Appointment by Council as a standing committee 2. Responsible for details of preparing a master plan 3. Provide publicity for projects and programs 4. Solicit funds to accomplish projects RESPONSIBLE DEPARTMENT o Planning E r FISCAL IMPACT OF IMPLEMENTATION o Planning Department estimates need of approximately #20000 in supplies ` advertising and materials for committee support. No immediate funding would be necessary. PROCESS FOR IMPLEMENTATION o Planning Department will draft resolution creating committee, appointing members and establishing responsibilities. o Legal staff can prepare resolution within two days of submittal of requests. ~i OTHER COMMENTS u Citizen Committee could coordinate and lead all comprehensive beautification efforts and solicit participation for both public and private sources. o Cost of implementing recommendation is minimal. { o Several citizens have already participated and are willing to attye on standing committee. 'y o Incorporating members and ideals of both Park and Recreation volunteers and Beautification Task Force. j o This recommendation can be implemented almost immediately if directed to do so by the City Council. r a i ~j 1966i/22 - 1 - 4 - Task Force Beautification Committee j Page 2 i STAFF RECOMMENDATION FOR IMPLEMENTATION o staff [ecommends appointing a Beautification Committee to work with i community and City to implement Council approved beautification efforts. k, r i P ~ 1 4 , S • i 6 , I k ~I I r { I 1966i/2l 2 L i BEAUTIFICATION TASK FORCE c` SURVEY RESULTS DOES YOUR CITY HAVE A BEAUTIFICATION COMMITTEE OR TASA FORCE? Cities Yee No Comments Richardson No Chamber of Commerce has one College Station Yes Fort Worth No Zoning Committee to propose one Abilene No Irving No Mesquite Yes Called Mesquite Beautification Committee Plano Yes Duncanville No Tyler Yes Longview Yes But not city sponsored x Lewisville No ti Galveston Yes Several types looking at different areas ` Wichita Falls Yes Carrollton No Temple Yes s i Summary of Data i Altogether, fifteen cities responded to the Beautification Committee or Tam% Force question. Eight cities responded 'Yee' and seven 'No'. One of the 'No' { responses, Richardson, utilizes the Chamber of Commerce. Another, Fort Worth has proposed one, IiI 1972j/1 - ; - 1 I I TASK FORCE i PROPOSAL o Identification of Major Entranceways and Corridors RESPONSIBLE DEPARTMENT I o Planning FISCAL IMPACT OF IMPLEMENTATION o No fiscal impact for identification of entranceways. PROCESS FOR IMPLEMENTATION o Most of work has been completed. o Task force has identified and emphasized two major entranceways/corridors. (See attached) o Planning staff will provide information for preparation of a resolution to the City Attorney's Office unless directed otherwise. o City Council Resolution scheduled for action March 15, 1988. OTHER COMMENTS o citizens groups may be encouraged to 'adopt' an entranceway and provide t funding for improvements +nd maintenance, o No concerns identified by those departments/operations that will be most affected STAFF RECOMMENDATION FOR IMPLEMENTATION i I o The staff recommends proceeding with drafting resolution and forwarding it to city council. i ~ i i a V 1966j/1 1 f Identification of Major Entranceways and Corridors The Task Force identified the following major entranceways and corridors and emphasized Dallas Drive and University Drive: 1 I.H, 35 North I.H. 35 West I.H. 35 East U.S. Highway 77 (Old Sanger Road) FM 2164 (Locust Drive) FM 426 (Sher,,an Drive) U.S, Highway 380 (University Drive) FM 426 (McKinney Street) Loop 288 FM 2181 (Teasley Lane) Dallas Drive (U.S. Highway 77) Bonnie Brae Street U,S. Highway 377 (Fort Worth Drivel FM 1830 (Country Club Road) i Mayhill Road f Oak Street Hickory Street r ( 'I w 4' r I I I + I f f _ 4A _ i rl i 'r 5 r r i S TASK FORCE g C PROPOSAL o Entranceway Plan to be commissioned o use state Department of Highways and Public Transportation matching fund program RESPONSIBLE DEPARTMENT + Planning o Parka and Recreation o Engineering FISCAL IMPACT OF IMPLEMENTATION o Members Planning, Engineering, and Parks Departments could prepare plan. Time frame: two years o Consultant hired to prepare a plan. Time frame: one yaar. o Engineering i Review and design time estimated at 50 to 100 hours per year or approximately 1,000 to 42,000 to be borne by department. i PROCESS FOR IMPLEMENTATION o Staff prepare criteria and define scope of plan. Ber^+tlfication Committee could assist in developing criteria and scope. i o State Hig%way Department must be consulted since the entranceways are " State right-of-way& i o City Council to authorize funding to employ a consultant or to hire a staff member to prepare the plan. o Planning Department would coordinate the project and solicit Input from staff, Beautification Committee, and general public. OTHER COMMENTS s o Parks Department Estimates cost to improve Dallas Drive entranceway as 15,000 i o The State Highway Department may provide matching 501-501 funding since the designated entranceways are State farm to market roads, highways, and Interstate, I 1966j/6 - 5 - i N I Task Force Entranceway Plan Page 2 OTHER COMMENTS (continued) o Beautification Committee could assist in organizing groups to contribute to the funding of the Plan on Its implementation. o Plan criterion and scope should be completed prior to estimating cost of improvements. STAFF RECOMMENDATION FOR IMPLEMENTATION i o The staff recommends that the committee work with staff to establish scope and content of tho proposed plan, When identified, staff will analyze existing abilities and costs to determine how the plan will be developed. 1 ~ J s i f i I 1 1966}/7 - 6 - I f 1 Mme., i BEAUTIFICATION TASK FORCE SURVEY RESULTS HAS YOUR CITY IDENTIFIED MAJOR ENTRANCEWAYS NEEDING IMPROVEMENT? IF YESi HAS A PLAN BEEN DEVELOPED TO DO THE IMPROVEMENTS? Cities Yee No Comments Richardsci Yes Plan under review College Station No Fort Worth Yes Only conceptual plan developed at this time Abilene Yes No developed plan Irving Yes Consultant working on now Mesquite Yes Parke Board developing plan Plano Yea Plan has been developed Duncanville No Tyler Yes Plan being developed now :.ongview Yes Plan has been developed Lewisville Yes No developed plan Galveston Yes Plan has been developed Wichita Falls Yes Plan has been developed Carrollton Yes No developed plan Temple Yes Plan has been developed ~ c J CIL a ,t Summary of Data Thirteen cities identified major entranceways needing improvements, whereas two cities did not. The City of Richardson's plan is under review while Carrollton, Lewisville, and Abilene have no developed plans for entranceways 1 improvements, 1%72j/2 - 7 . i ;r s.` Y TASK FORCE t 1 PROPOSAL o Adoption of a Landscape/Tree Preservation Ordinance RESPONSIBLE DEPARTMENT o Planning FISCAL IMPACT OF IMPLEMENTATION E o Increased staff time will be necessary for plan review, inspection and enforcement of ordinance. tt ~ PROCESS FOR IMPLEMENTATION f i o Ad-hoc committee, including developers, Planning and Zoning I Commieiloner and Beautification Force member have reviewed the ordinance and made recommendations on technical issues. ~I o Legal to finish ordinance by March. o Hold public meetings before Planning and Zoning Commission on March 23 or April 13. City Council action on April 5 or April 1.9, o Planning Department to provide education and training of staff for r_ implementation of ordinance. John Cooper, Denton County Agricultural Extension, has agreed to assist with implementation process. OTHER COMMENTS o Engineering y 16 Many positive steps in traffic management 2. Have participated in entire process a t 3. See no problems ' o Code Enforcement Ensure that landscaped areas do not conflict with other codes designed to prevent and eliminate view obstructions. i o Fire 1. Competition for space may affect access to buildings. i 2. May be able to trade fire lane access for sprinkles to facilitate landscape and provide maximum )evels of fire and life safety. I i S 1966j/6 - e - i It r r4 Task Force Landscape/Tree Preservation Ordinance Page 2 OTHER COMMENTS (continued) Adoption of this ordinance would satisfy a community need that has been communicated by numerous citizens. The ordinance drafted and recommended by the Beautification Task Force would apply to all new multi-family and non-residential developments if adopted. STAFF RECOMMENDATION FOR IMPLEMENTATION 3 o Continue 'Process of Implementation' as identified above. b b i i A q fi 1 F i j i ) ) 1 1966i/9 - 9 - J a' Y . BEAUTIFICATION TASI: FORCE SURVEY RESULTS DOES YOUR CITY HAVE A LANDSCAPE AND/OR TREE PRESERVATION ORDINANCE? IF YES, WHO IS YROBLEMSEHAYE S YOU EHAFOR THE D WITH ENFORCEMENT OF RHETORDOINANCE?CEl IF YES, WHAT i Comments Cities ,r Yee No j Richardson Yes Department: Planning and Construction Individual: Building Inspection Maintenance Problems: aaaed on numbnot er of complaints. r College Station Yes Department: Planning individuei: Planning Assistant t Problems: Few. Compliance prior to issue of C.O. Replacement of dead tree/shruhn Yes Department: Planning S Development Departments l Fort Worth problems: Not enough citizens aware of approved enforcement because landscaping is in the C.O. process. i Abilene No No comment Irving Yes Department: Building Inspection Problems: Attempts to reduce the ordinance requirements. Mesquite Yes Department: Planning Problems: Ordinance applies to parkinf areas only. Problems with small businesses. Plano Yes R at tment: Planning Problems: None Duncanville No 'NO comment Tyler No No comment Longview No No comment Lewisville No Under review now i! Galveston Yes Department-: Planning Problems: Mone esyinranR out before , maintenance problems also. i' 1912/3 - 10 - i E ~r BEAUTIFICATION TASK FORCE SURVEY RESULTS k LANDSCAPE AND/OR TREE PZESERVATION ORDINANCE (continued) _ Cities Yea No Commence t Wichita Falls Yes Department: Planning i Problems: Only Minor Carrollton Yes Department: Building Inspection Problems: Seasonal problems. In winter they E accept letters of commitment from developers. Temple No No comment I i k Summary of Data 4 i Nine cities have Landscaping and/of tree preservation ordinances. Seven out E j of tha nine cities' ordinancea are administered within the Department of I1 Planning. The cities of Irving and Carrollton are under the Building and Inspection Departments. Six cities are without an crdinance--Abilene, Duncanville, Tyler, Longliew, Lewisville, and Templt. j 1912f/4 - 11 - 1 r r k.' TASK FORCE PROPOSAL o Support code enforcement activities 1. Increase personnel and funding 2. Encourage enforcement of exist tg ordinances 3. Increase fines for code violations and set a fixed fine amount for ! specific violations 4. Consider selling properties that are delinquent on the City tax roles 5. Consider contracting with private firma to mow City RESPONSIBLE DEPARTMENT o Community Services FISCAL IMPACT OF IMPLEMENTATION o Currently two full time code enforcement officers funded in Community Services budget. Addition of plans examiner and possible involvement of CDBG rehabilitation specialist will help but these are stop-gap measures. Department feels that a third permanent full time officer is needed and position could be funded at approximately #39,900 annually 1025,500 salary and benefits; J140400 supplies and vehicle). o increasing and imposing maximum allowable fines for code enforcement violations should theoretically generate additional revenue, _ o Selling properties with delinquent taxes could have following positive I impactsi f 1. Compensation for delinquent taxes owed; 2. New ownership would possibly result in payment of liens filed by the City for mowing and clean up; a 3. Future taxes might be paid if ownership changes; 4. Reduction in code enforcement activities related to problems with abandoned properties, o Community Services estimates mowing contract with private firm will j cost approximately 63,000 (Approximately 700 acres x $30 per acre x three times per year). 19661/15 - 12 - pl Task Force Code Enforcement Page 2 FISCAL IMPACT Od IMPLEMENTATION (continued) o The Parks and Recreation Department anticipates the need for one parson to coordinate the right-of-way mowing program and handle emergency and complaint mowing. This person would also assist in general right-of-way mowing and reduce the mowing cycle from every 30 work days (Six weeks) to every 20 work days (four weeks), individual and lease/purchase of mower would be 3Cos0,0t00fa.r this o Cost for the maintenance of drainage ways must be considered. PROCESS FOR IMPLEMEt,:ATION o Monitor code enforcement activities closely and determine whether third permanent full time officer should be funded during FY 88-89 budget process, ~ o Community Services will analyze and prepare report regarding se,e of ! delinquent properties by February 28, 1988, Design and implement j Program if authorized. o Community Services and Parks will analyze and prepare report comparing costs and benefits of city continuing to mow right-of-wa z j+ contracting for services by end of May. Y vs' o Make better use of existing 300000 in CD BO funding immediately for demolition (modify ordinances and procedures if necessary but be I sensitive to right of property owners). i OTHER COMMENTS I o Direct positive impact on appearance of community. j o Increased visibility in neighborhoods. o Demolitions/repair of substandard structures reduces health and safety riskst less opportunity for vandalism and arson, o Activities related to and prosecution of code violations will become an increased priority for the City Attorney's Office. F STAFF RECOMMENDATION FOR IMPLEMENTATION f o some aspects of this program are already being implemented or explored, as noted above, and full implementation will have a positive the appearance of the community. Staff recommends utilizationmofcthen plans examiner in the code enforcement area as a temporary measure. The housing rehabilitation specialist position would have to be upgraded from a part time to full time employee to be of benefit (adequate 0080 analyzed in FY 08- funding is available). Potential revenue or cost avoidances should be implemented within8oneuyear depending onifunding mdecisionecen be fully 2966i/ld - 13 - i BEAUTIFICATION TASK FORCE 01 SURVEY RESULTS HOW MANY CODE ENFORCEMENT OFFICERS DOES YOUR CITY CURRENTLY EMPLOY? Cities Po Ulation Answer Comments Richardson 74,150 4-6 in Building Varies in other Inspection departments College Station 52,700 2 in Planning Varies in other Department departments Fort Worth 4391000 20 Abilene Don't know Irving 150,250 Inspectors in each office Mesquite 97,800 2 general plus additional inspectors q Plano 1140200 13 field persons (Under Building Inspection and Duncanville Zoning) 34,850 1 in Bldg, Insp. Tyler 7 total under Planning a Insp. Longview 4 in Environmental Health Lewisville 41,000 3 in Health Dept. Galveston I in Planning, 4 in f. Building Department ; Wichita Falls 5 in Planning Carrollton 72,4GO 7 in Code Enforcement (3 additional 7 vacancies) Temple 60000 5 in Const. safety i services u -"r Summary of Data In most cases, variouo departments employ their own code enforcement officers, The exact numbers from these cities are unknown. F 1972j/9 - 14 - i j BEAUTIFICATION TASK FORCE SURVEY RESULTS w i WHAT DEPARTMENT IS RESPONSIBLE FOR CODE ENFORCEMENT OPERATIONS) Cities Answer Comments Richardson Each department handles own College Station Each department handles own Zoning Code by Planning Port Worth Code Enforcement Department Department Abilene Different departments for different enforcementa Irving Different departments for different enforcementa Mesquite Environmental Health Department Plano Code Enforcement Duncanville Building Inspection Tyler Planning and Inspection Planning - zoning d signage Inspection - parking Longview Environmental Health Formerly Code Lewisville Health Department Enforcement ; Galveston Planning and Building Planning - zoning Departments Wichita Falls Planning Carrollton Code Enforcement Temple Construction, Safety, and Services s Summary of Data There arpeare to be no dominant department handling code enforcement among the fifteen cities sampled, although there are throe cities having code enforcement departments. f 19721/8 - 15 - i TASK FORCE I PROPOSAL 1 0 'Dump Free at the Landfill' Day--once a month for each residential customer L s RESPONSIBLE DEPARTMENT f o Community Services FISCAL IMPACT OF IMPLEMENTATION o Public Works/Community services feels that additional traffic and volume of waste generated by one 'free dump day' per month will require higher staffing level and overtime on weekends particularly. Estimated additional labor coat of 547 per dump day (5.564 per year). o Estimated additional coats due to increased equipment usage, truck supplies of 1422 per dump day or (5,064 per year). r o Estimated revenue loss of $38000 per month which would normally be I generated by paying customers (436,000 annual estimated loss), s o One time cost of approximately 3,000 for improvements. o Potential also exists for undetermined amount of additional revenue loss in commercial section if some of the smaller commercial customers drop service and haul waste once a r,onth. o Total projected annual fiscal impact on solid waste operation of 48,128. ALTERNATIVE RECOMMENDATION o Increased advertising of residential special collection services currently provided. j o Promote and assist with special clean up activities led by local organizations and neighborhood groups. o Evaluate current special collection policies and service level OTHER COMMENTS o Positive public relations o Encouragement of citizens and owners to maintain property more effectively 19c6y/17 - 16 - I i a i i Task Force 'Dump Free at the Landfill' Day Page 2 OTHER COMMENTS (continued) o New landfill was designed for primary use by large equipment tnd minimal private vehicular traffic was anticipated. Terrain and other physical restrictions would not accommodate private vehicular access to working face of the fill. Unloading at limited public disposal area near entrance would increase waiting period for public and large refuse haulers. o Mixing commercial and private vehicular traffic increases chances of 1 accidents and our exposure to liabilities. lj o Time consuming and potentially costly control measures would have to be I implemented to insure that private haulers and non-residents do not take advantage of opportunity to 'dump free'. # o Life expectancy of landfill would be shortened* o 'Free Dump Day' may not sufficiently motivate the problem owners that do not adequately maintain their property. 4 o If implemented$ promoted$ and used by citizens the 'free dump day' i `I could enhance the general appearance of the community. Potential costs and impact of this recommendation on the life expectancy and limited i accessibility to the landfill operation are major concerns. Better utilization and promotion of special collection services, special clean up activities and a once a year 'free dump day' +.re suggested alternatives. STAFF RECOMMENDATION FOR IMPLEMENTATION o Staff recommends that the City establish two free dump days a year and use alternatives, identified above, which would be more cost effective. i i 4 1[ 1966j/1A - 17 - { i ;r r i I FY BEAUTIFICATION TASK FORCE SURVEY RESULTS j DOES YOUR C11Y PERMIT A DAY THAT CITIZENS MAY DUMP IN YOUR LANDFILL FREE OF CHARGE? IF YES, WHAT DAY OR DAYS1 Cities Yea No Comments Richardson College Station Yes Any day, any number Yes Any day, any number with copy of bill t Worth Yes Any day (South-East landfill only), any number, For With Copy of bill Abilene Yes Any day, any number I Mesquite rving Yes An, day, any number Yes Any day, must pay for permit, but will be Plano reimbursed on monthly bill, any number Yes Any day, but at transfer stations only, any Duncanville number Yes A Tyler nY day Yes Any day with copy of water bill, any number Longview Yes Any day with copy of water bill, any number Lewisville Yee Any day with copy of water bill, any number Galveston Yes Any day, any number Wichita Falls Yes Any day, any number Carrollton Yes Any day, any number Temple No Always charged t !Answers apply to reai_ de~tiel customers only$ t { Summnt_ y_ of Data Fourteen of the fifteen cities allow citizens to dump in the landfill free of charge, The cities Of College Station, Fort Worth, Tyler, Longview, and Lewisville indicated this could be done by showing a copy of a utility Only Temple charges residents to dump in ',sit landfill. Mesquite residents must pay for a dump permit but are reimbur ed thii amount on their utility bill, 1971}/1U - is - TASK FORCE PROPOSAL f o Evaluate the Use of Trash Dumpsters in the City 1. Reduce number 2. Cluster at central locations i 3. Replace older ones 4. Remove dumpsters from the right-of-way RESPONSIBLE DEPARTMENT o Community Services ff FISCAL IMPACT OF IMPLEMENTATION E o Reduce Number of Dumpsters 1 Solid Waste Division has already allocated 25,000 in the 1987-88 budget which will be used for phase-in acquisition of fifty front loading dumpsters ranging in size from five cubic yards to 10 cubic yards. Continuation of this program will allow replacement of older, smaller units and will result in more effective ure of front loading vehicles6 o Clustering at Central. Location Not well received by customer and could result in loss of undetermined i amount of revenue. i o Replacing Older Dumpaters There are approximately 11075 dumpsters currently in system. Maintaining and refurbishing for 650 existing dumpsters budgeted at $12,000 in FY 87-88 and actual number that will possibly be refurbished i is approximately 925. o Remove Dumpstere from Right-of-Way ~ y ; No fiscal considerations at this time. PROCESS FOR IMPLEMENTATION o Implement clustering where feasible while being sensitive to customer ' reaction. Would take approximately one to two years to implement system-wide clustering. 1966i/19 - 19 - i Task Forcu Evaluat9 the Ure of Trash Dumpsters in the City Page 2 PROCESS FOR IMPLEMENTATION (continued) o Continue to allocate funds and phase in acquisition and use of larger dumpstere. Z o Work with developers with regard to new developments. i o Ordinances should be amended to require parking lot design and standards that would accommodate collection vehicles. i o council could consider directing Community Services to work with Legal Department to draw up franchise agreement for private solid wsste services. OTHER COMMENTS o Fewer and more attractive dumpstere would enhance appearance of r community. o Encouraging more sharing of dumpstere as a method of reducing number is not recommended because shared billing has to be done manually and keeping track of services becomes difficult, o Clustering would reduce number of dumpstere and operating costs would theoretically be reduced by an undetermined amount. o Solid Waste Division suggests that opportunities for clustering be ' evaluated on case-by-case basis to insure maximum customer acceptance, o Replacement and removal from tight-of-way would greatly improve appearance of community if implemented, o New developments are being reviewed for dumpater location and parking r lot design. i I o Refurbishing of older units coupled with replacement strategy contributes to improved appearance of community, 0 It is difficult to impossible to remove containers at sone locations due to inaccessibility of alternate locations# safety considerations and inadequacy load bearing of older parking lots. STAFF RECOMMENDATION FOR IMPLEMENTATION o Continua activities that have already been implemented (replacing older dumpsters, refurbishing and removal from rLght-of-way where possible) but continued funding is needed, It is important that changes or poll- cLes ba extended to include privatr ^ompanies so that the City is not 1966j/20 - 20 - 6r 1 i ~i p. P Task Force Evaluate the Use of Trash Dumpsters in the City Page 3 STAF' RECOMW DATION FOR IMPLEMENTATION (continued) t at a competitive disadvantage and to maximize effectiveness of program. + Customer reaction to clustering and the inability to remove dumpsters from the right-of-way in older areas of town are two biggest obstacles, zhe bulk of this recommendation could be implemented within two years. ~k I 'eI I it 1 Y 1 j 1 it S I I 1966y/21 - 21 - T t i k. i a BEAUTIFICATION TASK FORCE SURVEY RESULTS i IS SCREENING REQUIRED AROUND TRASH DUMPSTERS IN YOUR CITY? Cities Yes/No Comments Richardson Yes College Station Yes Commercial and M-F where necessary f Fort Worth No Abilene Yes f Irving Yes Mesquite No But vill probably be adopted in August, 1988. Plano Yes Duncanville Yea Tyler No Longview No 4 Lewisville No Galveston Yes Newly placed dumpsters only. Wichita Falls No Carrollton No Temple No M } i I r Yd a 1 I 1 i ~ Summary of Data i , Seven cities require screening around trash dumpsters, whereas In eight cities screening is not required. Mesquite indicates they will be adopting such an ordinance. i 1972j/ll _ 22 _ i li i ~ i 1 TASK FORCE r I PROPOSAL i o Sign Ordinance 1. Amendments a. Reduce the number of portable signs b. Reduce the size and increase the separation of ground signs and pole signs 2. New provisions for distance between a residential property or zoning. 3. Moratorium on signs that con.lict with the recommendations. RESPONSIBLE DEPARTMENT * Planning o Building Inspections o Code Enforcement t FISCAL IMPACT OF IMPLEMENTATION o Increased revenue resulting from fees for portable signs. PROCESS FOR IMPLEMENTATION o Representatives of the sign industry will be provided with draft of proposed changes. iq o Planning Department will provide material to the Legal Department, who estimates a draft ordinance can be completed within one month of receipt of information. o Planning and Zoning Commission study session and recommendation at their May 25 or June 80 1988. o City Council amendment to ordinance June 21 or July 5, 1988. 1 o Staff trainli. and implementation of changes (three months). i I OTHER COMMENTS o Current ordinance is extremely difficult to enforce. o Proposal would reduce potential safety hazzrds such as misuse of extension cords to light signs. i 1966}/10 - 23 - I i 1 I f Task Force Sign ordinance Page 2 OTHER COMMENTS (continued) o View obstructions would be minimized with the elimination of off-premise portable signs and reduction in the number of pole signs allowed on one premise. o Code Enforcement positive impact through reallocation Of staff time to other violations. Division is immensely supportive o Revisions to the ordinance would have several significant impacts in addition to beautification. The positive impacts include reduction in Code Enforcement staff timer which could be used in other areas$ and elimination of safety hazards both from electrocution and traffic problems. STAFF RECOMMENDATION FOR IMPLEMENTATION o Continue process identified above: in 'Process For Implementation'. s t q { i iy F ( I S I i i I I I } 1966j/11 - 24 - BEAUTIFICATION TASK FORCE SURVEY RESULTS DOES YOUR CITY HAVE AN ORDINANCE PROHIBITING POP.TABLE SIGNS? yes No Comments cities Richardson Yes College Station Yes Fort Worth Yes Abilene Yes By permit only Irving No 30-day periods each year per Mesquite Yes Except for two business. Plano Yes Duncanville Yes By permit only Tyler Yes Yes By permit only and other regulations Longview No Lewisville Yes Except for one 30-day period each y ear Galveston ' Htchita falls Yes Carrollton Yes Temple No e i k F 4r ~ i Summery t Ywelve cities have ordinance prohibiting portable signs. Three cities do not (Irvingt Lewisville, and Temple). 1 i -25- 19?2i/6 i At , BEAUTIFICATION TASS FORCE SURVEY RESULTS i DOES YOUR CITY N HA POLE S GN OR BILLBOARD AND A RESIDENTIAL ORDINANCE BETWEEN PROPERTY? Cities Yes/No Comment. Richardson Yes Building Inspection Regulates College Station Yes Fort Worth Yes Abilene Yes Irving No Mesquite No Plano No 1) uncanVtIIv Yes Tyler Yes Longview Yes Lewisville Yes Galveston No Wichita Falls Yes Carrollton Yes Temple Yea some types of signs are regulated and some are not. i. 1 { i snmmaty of Data Eleven cities have ordinances requiring a separation distance between a pole t sign or billboard and a residential property. Four cities do not. ;I i 1972i/7 - 26 - I! i f t 1 y ry TASK FORCE PROPOSAL 0 Parking Lots 1. Asphalt or concrete construction for parking apices, storage, circulation, or maneuvering areas. 2. Require a specific use permit for new parking lot construction on a 7 residentially zoned lot. RESPONSIBLE DEPARTMENT o Planning i i~ FISCAL IMPACT OF IMPLEMENTATION # o Planning Department 1. Increased staff time to review Specific Use Permit requirements. 2. Costs to review Specific Use Permit to be offset by zoning fue. o Building Inspection i 415 per site trip x two inspections per job $30 per job PROCESS FOR IMPLEMENTATION o Ordinances for both items have been prepared. o Planning and Zoning Commission has tabled ordinance requirement for concrete or asphalt parking lot pending Landscape/Tree Preservation Ordinance. At their recommendation the item will be forwarded to city r Council. o Planning and Zoning Commission has recommended approval of ordinance requiring Specific Use Permit. The item will be forwarded to City Council, j OTHER COMMENTS o Existing parking lots that are not paved would not be required to be paved. o Ordinance requiring concrete or asphalt paving would actually emphasize current zoning ordinance. ! o Parking lot requirements in Landscape/Tree Preservation Ordinance would i apply to new construction. 1966j/12 - 27 - i 1 I Task Force Parking Lots Page 2 1 STAFF RECOMMENDATION FOR IMPLEMENTATION o Prcceed with ordinance process. i ,f i I! i i t i i i t 2 1966J/13 - B - s) BEAUTIFICATION TASK FORCE SURVEY RESULTS DOES YOUR CITY HAVE AN ORDINANCE REQUIRING OFF-STREET PARKING 4 CONSTRUCTED OF EITHER CONCRETE OR ASPHALT? Cities Yes/No Comments Richardson Yes College Station No All weather surface only Fort Worth No Abilene Yes Irving No Only non-dust mesquite Yes Plano No 3 Duncanville Yes Concrete Tyler Yes Longview Yes Lewisville Yes Galveston Yes Wichita Falls No No paving requirements Carrollton Yes Temple Yes p R i l i Summary of Data s Ten of the fifteen cities have ordinances requiring off-street parking to be constructed of either concrete or asphalt. The cities of College Station, Irving, Plano* Fort Worth, and Wichita falls do i,ot have such ordinances. ; 1972 j/S - 29 - r t TASK FORCE PROPOSAL ! o Elimination of Parking of Vehicles in Front Yard of Residences o Consider reviewing no on street parking ordinances to allow parking between 6:00 p.m. and 6:00 a.m. RESPONSIBLE DEPARTMENT j Planning o Code Enforcement FISCAL IMPACT OF IMPLEMENTATION o A minimal amount of additional time of lode Enforcement staff would be devoted to enforcing ordinance. PROCESS FOR IMPLEMENTATION o Planning Department will ifu mitTasked rte's draft ordinance to the City Attorney o Legal Department estimates one month to draft ordinance. o Planning and Zoning Commission study session and recommendation on s l draft ordinance if Council directs. June 8 or June 22g 1989. session and recommendation July 15 or July 19, 1988. o City Council study o Ordinance must be publicized so that individuals have knowledge of the j new provisions. Ninety days from date of adoption. OTHER COMMENTS o The appearance of neighborhoods and community at large would improve. owolder ners neighborhoods and io Impict of this ow-to-moderate recommendation income n property on l o Citizen's Traffic Safety Support Commission should review existing no parking ordinance to determine if any conflicts exist. o Publicity and education will be a key to the success of this ordinance, especially in older neighborhoods. STAFF RECOMMENDATION FOR IMPLEMENTATION o Proceed with drafting ordinance and follow outline for implementation ?rocess. 19661/14 - 30 - h 1 1 F L, I - vim-P F 1 TASK FORCE i PROPOSAL o CIP or Bond Programs for Landscape of all future road improvements RESPONSIBLE DEPARTMENT " Parks and Recreation o Engineering FISCAL IMPACT OF IMPLEMENTATION o The Parks and Recreation Department proposes approximately 200.000 set aside in each year of the CIP for development and/or redevelopment of landscaped median areas. This amount would construct approximately 1,600 linear feet of 14 foot wide medians at a cost of $125 per linear foot if no major drainage work is needed. PROCESS FOR IMPLEMENTATION f o Parks, Engineering, and Plann'ng Departments will work together to establish design and cost estimates for scheduled and proposed CIP projects beginning in 1992-93. o Utilize citizen groups and Beautification Committee in promoting and s emphasizing the need for implementation of this recommendation and i funding sources. OTEER WIMENTS 3 o Funds could be allocated in 1988-89 operating budget for streets already scheduled without landscaping. o Could result in improved image of the City i o Enhancement of economic development efforts o Citizens and decision makers have traditionally excluded such projects from bond proposals and capital improvements plan. 11 o Given limited funding, landscaping medians may not be as cost effective 1 as landscaping the parkways of streets. { STAFF RECOMMENDATION FOR IMPLEMENTATION o Staff recommends 'Process for Implementation' be followed. I 1966j/4 - 31 - r~ i I BEAUTIFICATION TASK FORCE SURVEY RESULTS I E E DO YOU INCLUDE LANDSCAPING AND/OR IRRIGATION - IN YOUR BOND OR CIP STREET PROGRAMS? Cities Yea No Comments _ Richardson Yes Through Parks Department College Station Yes Fort Worth Yes Large percentage of total. Abilene No living Unknown Mesquite No Plano Yee Duncanville Yes Straight cost basis Tyler No Longview Yes Amount depends on class of the thoroughfare 1 Lewisville Yes Small percentage of total. a k Galveston No 1 Wichita Falls Yea Carrollton Yea Temple No j 1 e 1 t i i i i Summary of Data Nine cities included landscaping and/or irrigation in their bond or CIP programs. The cities of Abilene, Mesquites Tyler, %alveston and Temple did not includ3 landscaping/irrigation in their bend of CIP street programs. The City of Irving had not response. 1972J/14 - 32 - 4 s~ j 1 TASK FORCE i 1 PROPOSAL o Underground Electric service 1. Continue approval of 300,000 per year allocation and consider increase in future years to #500,000. 2. Prioritize the replacement of lines (see attacheM. 3. Amend current subdivision regulations to require all new development to have underground electric service. RESPONSIBLE DEPARTMENT i o Utilities FISCAL IMPACT OF IMPLEMENTATION o 1300,000 per year in present CIP o Increased CIP funding could result in increased utility rates. o Removal of overhead lines in a mercantile district could have positive effect on City's key rate. PROCESS FOR IMPLEMENTATION o Briefing to Public Utilities Board, Planning and Zoning Commission, and City Council during CIP review process. o Staff will analyze the cost differential and cost to City to implement. o Public Utilities Board and Planning and Zoning Commission will be t provided information to make a recommendation to City Council concerning underground electric service in all new subdivisions. OTHER COMMENTS o Engineering 1. Need to coordinate relocation of other utilities I 2. Needs to be coordinated with CIP project for 60,000 to 460,000 of signalization improvements for Carroll Boulevard and University Drive o Fire 1. Overhead lines immediate danger to fire fighters 111 1966j/2 - 33 - J, 1 a f Task For. Underground Electric Service Page 2 OTHER COMMENTS (continued) 2. Overhead lines limit access to buildings over one story, cause { electrocution and fire hazards. o The Utility CIP currently budgets $300#000 ~ per year for implementation of underground utility service. The continuation or expansion of this program would be an overall benefit if the work is coordinated with all involved departments. An increase could result in increased utility rates. STAFF RECOMMENDATION FOR IMPLEMENTATION r { o Staff recommendation is to continue proc-9 using priorities according 11 to Task Force. o Continue funding at current levels and consider in future CIP expanding funding. o Staff analyze potential costs to Cit. and developers of underground electrical service in new developments and forward on to PUB, P 6 2, and city council. s r f r .4 j i A f 1966i/3 - 34 - fi 1 i i P Underground Electric Service The Task Force prioritized the relocation of electric utilities to underground service at the following locations: a. Oak-Hickory Historic District including tie to the Courthouse. Preference Oak Street to Welch Street 1 and Hickoty Street to Welch Street. i b. Hickory Street east of Courthouse to Railroad. c. Pearl/ricKinney Street from Elm Street to Bell Avenue. k i 4 t 4 s Z 1 11 1 1 i i i -31A- j i r: I 1 40 .74 k M" I BEAUTIFICATION TASK FORCE t SURVEY RESULTS f DO YOU HAVE ANY CIP FUNDS DEDICATED TO BURYING UNDERGROUND ELECTRICAL LINES? Citieu Yes/No Comments Richardson No College Station No Fort Worth No Abilene No Irving Mesquite iUnknown) Plano No New development must be underground No Duncanville No Tyler Yes Gnly one street (a Longview No pproxlmately 300,000) Lewisville No Galveston No Wichita Falls No Carrollton No 1 Temple No a. i i { t r Summar of Data Only the City of Tyler has a CIP Fund dedicated to burying underground electrical lines, The City of Irving had no response. `f 1972JI13 -35- iI i I T- 7W F t , BEAUTIFICATION TASK FORCE f } SURVEY RESULTS i E DOES YOUR CITY OPERATE ITS OWN ELECTRICAL SERVICE? Cities Yea No Comments Richardson No College Station No Fort Worth No Abilene No Irving No Mesquite No J Plano No I Duncanville No lI Tyler No Longview No f Lewisville No 1 Galveston No Wichita Falls No Carrollton No Temple No 3 z I t a Summary of Data j None of the cities surveyed operate their own electrical service, All contract this out. , I 1912J/12 - 36 - i ' t ' 1~ sr M' TASK FORCE 6 PROPOSAL i o wildflower Planting 1. Supported the seeding of I-35 last fall 2. Support the efforts of the District Office of the State Highway Department to continue to request wildflower seeds to continue planting efforts. ` RESPONSIBLE DEPARTMENT o Planting has been done by a sub-committee of Beautification Committee, and Planning Department would support the committee. FISCAL IMPACT OF IMPLEMENTATION k o staff time to monitor account and to provide support to committee. PROCESS FOR IMPLEMENTATION o Committee could be sub-committee of Beautification Committee if Council approves. i o Finance Department will monitor Beautification Account, existing or proposed, OTHER COMMENTS o Engineering C 1. Limit height of plants so no sight problems are created at intersection triangles. STAFF RECOMMENDATION FOR IMPLEMENTATION o Staff suggests that wildflower planting process and sub-committee would j fit under the umbrella of Beautification Committee. I I966j/5 - 37 - if t , 4 :t •1 1 1 1 1l ( S 1 4 i 4 1 1 i' r DATE: 03/01/88 CITY COUNCIL REPORT FORMAT i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Procedures for the Final Adoption of the De-.ton Development Plan 4 RECOMMENDATIONi The Planning and Zoning Commission considered the procedures outlined by staff and voted unanimously (7-D) to recommend approval to the City Council subject to a stipulation that the meetings be advertised by a mailer to be sent with the utility bills, The Commission further recommended that the team captains be responsible for the logistics relating to these procedures. ~ r SUMMARY: The procedures will start with a series of five neighborhood meetings scheduled to be held in area schools. The meetings will start at 6:00 p.m. and last for about two hours on dates shown on the attached schedule. Meetings will be advertised by a flyer sent through the school system, public notices posted in the neighborhoods, newspaper { rdvertisements, and letters to organizations, The Land Use Planning Committee team captains will present the draft plan and explain the policies. i BACKGROUND: The Denton Development Plan was prepared by a 37 member Land Use Planning Committee appointed by the City Council to undertake a major review and update of the 1981 Denton Development Guide. LUPC has completed its assignment and authorized a group of team captains to continue to work through the final adoption process, 1 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: i " The draft policies in the Denton Development Plan will invariably affect all departments and all neighborhoods citywide. I r y` I eF Procedures - DDP March 1, 1988 Page 2 j { i FISCAL IMPACTS Option A - A flyer through elementary schools (6,000 copies) - Newspaper notices ' - Notices (18'x24'( posted in the neighborhoods { Cost - 500.00 i Option B - A mAler to go out with utility bills (25,000 copies) - Will need to change meeting dates to start the second week in April Cos! - 4600.00 l Option C - A separate mailer (25,000 copies) Cost - 3,500 j Res ully gubm di 6 { Llofif V. Harrell E City Manager Prepared byt Harry N, Persaud Urban Planner Appr v r I Frank H. Robbi s I Executive Director for Planning and Development I ( I k I + i 1 i t r t Cary of N<NroN. rff"8 215 E. McK1NNEY1 DENTON, TEXAS 76201 / TELEPHONE (817) 666.8200 MEMORANDUM ' Date: February 23, 1988 d To: Lloyd V. Harrell, City Manager yr From: Frank H. Robbins, Executive Director for Planning and Development Subject: Procedures for the final adoption of the Denton Development Plan The planning process was initially designed to invite inputs from ) residents through self-selected neighborhood representatives who } served on the Land Use Planning Committee (LUPC Similarly, 1 organizations, boards and specific interest groups (such as the } universities, Board of Realtors, and developers interest) were also represented on the LUPC. Over the two year period, representatives were encouraged to liaise with residents in their neighborhoods and their respective organizations. In addition, planning staff con- sistently updated all members, as well as a citizens' advisory ; group, with the progress of work in the formulation of the draft policies, I, Neighborhood Meetings The procedures for the final adoption of the Denton Development Plan will start with a series of five public meetings. These meetings are intended to strengthen and reinforce the citizen participation process and will concentrate on educating residents about the draft plan and how specific policies will Lenefit the city. The meetings are tentatively scheduled to be held in area schools starting at 6:00 p.m. on dates shown on the attached schedule. E I r 15' 'r i Memorandum L February 23, 1988 Page 2 2. Advertisement of Meets ~ The meetings are to be advertised as follows: A flyer t a. distributedtogreOut the sidents schedule the telementary meetings will be schools (6,000 copies). b. Notices will be published in the Denton Record Chronicle. c. Notices 18" x 24" will be posted at prominent locations in the neighborhoods. j d. Letters will be sent to organizations, neighborhood groups, citizens' advisory group and LUPC. j S. Presentation of the Draft Plan It is recommended that the LUPC team captains continue to present the Draft Plan at all public forums. This would include presen- tation to social organizations, neighborhood groups, and public hearings before the Planning and Zoning Commission and the City Council. Planning staff will coordinate all activities and con- tinue to give support and other assistance throughout the process. At any time, however, if it is not possible to recruit at least three team captains to do a particular presentation, then staff { will proceed to do so. 4. What next? At the end of these meetings, Planning staff will prepare a status report for the Planning and Zoning Commission and the City Council. Depending on the results, that report will recommend tentative dates of public hearings for the official adoption of the Plan. S. Recommendations of the Planning and Zoning Commission The procedures outlined above were considered by the Planning and Zoning Commission at its meeting of February 17, 1988, the Commission voted unanimously (7-0) to recommend approval to the City Council subject to a stipulation that the meetings be adver- tised by a mailer to be sent with the utility bills. the Commis- sion further recommended that the team captains be responsible for the logistics relating to these procedures. c/ k n o ab Attachment i 1 ' i i SCHEDULE FOR NEIGHBORHOOD MEETINGS LUPC Location Neighborhood Representative of Meeting Date and Time Northwest Jim Enplebrecht Newton Rayzor March 28 565-1009 Elementary 6:00 to 8:00 P.M. Beth Schlagel 565-0820 Southeast Mitchell Turner Sam Houston Marchto98:00 p.m. 566-3337 Elementary Merlin Lee 565-8323 Karen Abernathy Robert E. Lee March 30 f East #f 382-4819 Elementary 6:00 to 8:00 p-m- ? Bessie Hardin 383-3373 Frank Borman April 04 Southwest Richard Hayes 387-3518 Elementary 6:00 to 8:00 p-m- I Karen Knutson 382-0451 Northeast Marian Hamilton Woodrow Wiiscn April 06 383-1506 Elementary 6:00 to 8:00 p.m. i I t Taylor Stem 387-8696 i r i I ~ i i i J` I r% , a~ CITY Of DENTON, TEXAS PURCHASING DIVISION 1 901-A TEXAS STREET / DENTON, TEXAS 76201 1 i M E M O R A N D U M TO: HARRY N. PERSUAL`, URBAN PLANNER j FROM: JOHN J. MARSHALL, PURCHASING AGENT DATE: FEBRUARY 22, 1988 ! SUBJECT: PRINTING & DISTRILUTIN: OF NOTICES THROUGH THE UTILITY B:LLS , Harry, I have looked at your copy and find that this can be sent in the utility bills in either of two forms. One would be to use a reduced copy folded and Inserted. The second would be to print on both sides of a single card using a reduced copy of your letter. t The inserting and printing will run bwetween $700.00 and $800.00. If you select this plan we must have the copy and the approval to start the process immeJiately. With I the scheduled dates we must start March 1st to cover the City before April Ist, We must have at least one week for printing and inserting before the first notice can be I mailed. Please let me know how l can help. j JJM:za 8171566.8311 DIFW METRO 267.0042 t J r DRAFT 3 i Minutes Planning and Zoning Commission February 17, 1988 A special called meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, February 17, 1988, at 5:00 p.m., in the Council Chamber of the Municipal Building. i Present: Bill Claiborne, Euline Brock, Ruby Cole, Ivan Glasscock, Judd Holt, William Kamman and Etha Kiker i Absent: None r PrL-sent from Staff: Frank Robbins, Executive Director for Planning and Development; Steve Fanning, Senior Planner; Elizabeth Evans, Planning Administrator; Harry Persaud, Urban Planner; Cecile Carson, Urban Planner; Joe Morris, y Assistant City Attorney, and Audrey Bachmi.n, Secretary f Chairman Bill Claiborne called the meeting to order. I, CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL ti'>; I1'I'i7Nl5EVE'Ci3Pb: Mr. Fanning advised that the final draft of the Plan has been presented at a work session to the Planning and Zoning Commis- sion and the City Council, that staff is now asking the Com- mission to consider where staff shuuld go from here. He said f that members of the Land Use Planning Committee have offered to assist the process and staff recommeiids the following: A. That a series of five neighborhood meetings, to be directed by team captains and neighborhood represen- tatives, be held in area schools, b. That meetings be advertised as follows: s 1. A flyer setting out the schedule of the meetings be distributed to residents through the elementary schools, f 2. Notices be published in the Denton Record Chronicle. 3, Notices IV x 24" be posted at prominent locations in the neighborhoods. 4. Letters be sent to organizations, neighborhood groups, citizens' advisory group, and Land Use Planning Committee. C. That team captains be available to present the Plan at all public forums and the formal public hearings. 4 I p' r f P $ 2 Minutes it February 17, 1988 Page L ;hatrman asked for opinions of Commissioners who have not nerved on the Land Use Planning Committee. Mr. Glasscock commented that he thought the presentation he attended was good, that he thinks oe recommended process looks good, and he agrees that the Plan should be presented by neighborhood representatives and team captains. Mr. Kamman said he agreed. Ms. Brock asked if this process or a similar one was used when the original Development Guide was adopted, stating that she wondered if neighborhood meetings were successful, tt Mr. Panning replied that in 1981 the team captains made the f presentations in formal public hearings; however, the neigh- borhood meetings were not held. He said they are being tried r now at the request of the Mayor and other interested parties. E; F Mr. Kamman commented that meetings were held in area schools several years ago concerning the. Capital Improvements Plan. He said he thought the meetings were very effective, however, attendance could have been better. Chairman stated he thinks the consensus agrees with the staff's recommended process. Hu suggested that another method of ad- vertising be added, fie moved that the Commission approve sug- gestions of staff about going out to the neighborhood groups with the Development Plan, with the further stipulation that under advertisements a flyer be placed in the utility bills i as quickly as possible announcing these meetings. h He asked if any Commissioners have conflicts with the dates ` suggested. Nrne noted. Mr. Fanning suggested that the stipulation of a flyer in utility bills Le subject to the logistics of the team cap- twins. He said it may not be physically possible to coordi- nate the billing dates and meetings. He said he felt there should be some flexibility for the team captains from a practical standpoint. IM Mr. Claiborne rephras-d his motion to state that the Commis- sion approve the procedures as outlined by staff with the stipulation that the flyers go in the utility bills, subject to the various considerations of the team captains. Seconded by Ms. Brock and unanimously carried (7-0). 4 f m ;n c I j ~..A I I , E U-y i V C1TVo1 DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE($17) 600.8307 Offlea of the 0ty Manager I tiEM0RANDUM l TOi Mayor and Members of the City Council y > FROMs Lloyd V, Harrell, City Manager DATEi March 1, 1988 SUBJECTi HOLD A DISCUSSION REGARDING RATES FOR AUTOMOBILES AND PICKUP TRUCKS AT THE CITY'S SANITARY LANDFILL, SITE £ f SUMMAAYi The volume of waste brought to the Landfill in cars is negligible. The percent of total volume of waste brought to the Landfill by pickup trucks or similar sire vehicles is only about 31. However$ the pickup truck category is the largest category of cash/permit customers and represents r 30-45% of tb4 cash/permit customer volume. 1 ~ In general, about 10t of the pickup truck user category is from the City of Denton (about 401 are resident users and about 30% business users). Another 10% of the users are from the surrounding rural area (Denton rural route address), and tie remaining 20% of thin user category is from surrounding communities. For ~ comparison purposes, the two nearest landfills are DF'A Landfill an: Camelot Landfill. Camelot Landfill does not allow cars or pickups in the landfill, but allows Fanners Branch residents only to use their transfer station at no charge, while DPW charges $4,00 per car and $10.00 per pickup truck. i It is estimated that the average volume of waste from the pickup truck category is 4 CLbic yards, With a revenue requirement of $2.72 per cubic yard, $10.88 per load is needed. Y f 2cw02248814 7 t I. ' t 1 I HOLD A DISCUSSION REGARDING RATES ' March 1, 1988 Page 2 j 1. 2. 3. 4. 5. 6. 7. Denton Residential $10.88 $ B.50 $ :-50 $ 9.00 $ 9.25 $10.00 $ 8.50 Denton Business 10.88 10.88 11.33 10.88 ',0.08 10.00 12.46 I Non-Resident 10.80 14.05 13.60 13.46 13.06 0.00 12.46 RECO.MMENDATIONt i Landfill users who transport waste to the Landfill in automobiles are typically persons who have no other means of hauling waste and it repre- Bents such a small percent of waste, it is recommended that the automobile rate remain at $3.00. Because of the inconvenience and problems asbociated with a multiple tier f rate for the pickup truck category, it is recommended that one rate be used. Staff recommends $10.00 per load for all users in the pickup truck category. The category only represents about 31 of the overall volume and this rate would match our nearest competitor. ,r I Respectfully submitted, K 4Lloydarrell Prepared bys Charles S. w Watkins Superintendent Solid Waste Division Approved byt 1 I 81 ;An L,%lo~ Director of Community Services ' I I I 2cw0224B814 F I JANUARY 18 - FEBRUARY 2, 1988 C z ` CARS - None j PICKUP OR SIMILAR SIZE VEHICLE - 33 i ORIGINi 751 - Denton 421 - Residents (14) 331 - Business (11) i 31 Corinth (1) 3% - Ponder (1) 61 Dallas (2) 1 61 shady Shores (2) 31 Tioga (I) 31 - Lewisville (1) I i NOVEMISER, 1986 I i f CARS - 7 I PICKUP OR SIMILAR SIZE VEHICLE - 225 t't ORICINe 681 - Denton 301 Residents (85) 30aN Business (67) 101 - Surrounding R•aral Area (24) i 41 - Aubrey (91 21 - Argyle (91 Less than 11 - Arlington (1) Less than 11 - colony (1) 11 - Corinth (4) ! Less than 11 - Frisco (2) Less than 11 - Garland (1) Less than 11 - Irving (1) Less than 11 - Justin (2) Less than 11 - Keller (1) 21 - Krum (5) 31 - Lake Dallas (7) 1 21 - Lewisville (5) j Less than 1% - Little Elm (2) 11 - Pilot Point (3) j f 3aw02178839 NOVEMBER, 1987 - JANUARY, 1988 N N TOTAL CASH/PERMIT 0 N TOTAL CAcH/PERMIT CARS YD~ VOLUME VOLUME P/U'S YDJ VOLUME VOLUME NOV. 14 21 Less than 1• Lesa than 1• 304 1,216 4• 431 DEC. 29 43 Less than 1• 1.31 229 916 2• 29• JAN. 18 17 Less than It 1.3\ 207 828 3• 42\ ! 1 1 1 ` i 7 i } 1 r i i 3sw02178839 i {9 , CAR PICKUP TIPPING FEES LANDFILL CHARGE CHARGE, CU. YD. --TON--- DFW Landfill $4.00 $10.00 11.95 compacted X7.80 E No cars No Pickups $1.60 $6.40 Camelot Ft. Worth Landfill $12.00 $12.00 $4.00 616.00 No charge No charge to resident to resident Arlington Noo resident to resident $1'43 minimum $6.70 $113.00 Garland No care No Pickups $3.75 to to $6.63 322.50 $8.00 Resident { Mesouite s11.0U Non-resident i For Car and Pickup Richardson $6.00 $6.00 resident $12.50 business i Farmers Branch-Transfer Station RvAidents of Farmers Branch only users. There is no chargo. I f i i E 3 i I ' I I l I ` II i t s. R' Si 1 ~ i V i I~ j I i I i i i i i I I 1 j f i j i fill 11111 t i; 5~ ~o CITY COUNCIL REPORT FORMAT Mayor and Members of the City Council TO: FROMi Lloyd V. Harrell, City Manager SUBJECT: pool Feasibility Study RECOMMENDATION: Review study. SUMMARY: The Denton Independent School District has asked the City to participate in the construction of an indoor pool at tije new high school. BA rURROUND7 This study was conducted to determine the feasibility of this venture. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Denton independent fchool District Parks and Recreation Department LISCALyP _CATt N/A RESPECTF LY SUBMITTED: I Lloy Harrell City Manager prepared by: Na qteVe Brinkman E Title Director of Parks and Recreation { Ap roved: Name Title , r' ~o f n 4 o~ pt E. McKfnnOVI Denton# TX IM20I !CITY of DENTON, TEXAS Clrte Center D U M M E M O R t~ N 1 T0: City council ~ Steve Brinkman. Director. Parka 00000 Recreation FROM: 1988 DATE : January 51 ! SUBJECT: pool Recommendation I es# completed by William 8aral80 lity study, n a fan cindoor The feasibi costs let alone shows that there wksl own be p'=nough revenue generated by and maintenance operations its pool to cover cover the annual cost of revenue bonds, able 411 cover its operation that they identified as being bonding capability of one option costs, as Frell as handle a Pool- Unfortunately, and maintenance would be an outdoor wave $600.000 to $800nie00wou tdoor wave pool is in the range of three million the coat o nding limits would cover lea3 than one third the dollars, and our bo cost of the pool. eoluoElokhewaPool far as an Optimuar as o The firm's recommendation, build an outdoor wave Pool and enclose the deep P nine months. This is the best ption, but since during the other 600#000 range, the Denton the City's bonding limit would be in the $ the balance of the Independent School District would have to pick up 2.4 million. p th indoor/outdoor coat which would be a minimum of $ and also will have some subsidization f operations and option the nine months of indoor 4l if maintenance costa during it would amount to $ 500000 split evenly between the DiSD and City, per year pool for somewhere We feel that the DISD could build an inao3c ion would be option less expensive I .0 and $1.5 million. This ` between $1 ' ,Olt Vold . 1 D01100" Parks 11000liwWW :flon / Donfon► Toxas / e1r! 6 . i i I ; of $2.4 indoor/outdoor option I the lity as needed after their participation in then rent the factoithe public. This ueS k than The City could facility up million, op en the subsidi2ei becathen reven school and on weekends to would need to be Our cost would that ll stsociatedits. t of staff Zeeded during rental and staff costs would not pay for atime rented, the Am the DISD. on the amount co per hour char9ed time, and the Steve ar MzM02149 i 1 I 1V A~ k F t~ 1 y i1 4 rl h i . i { ,1 yl y hi l ' 1[ i i / II P I I 1 I I P Yi I l ri s if an outdoor wave pool were constructed, the effect on the Civic Center ?ool would be as follows: 11 secondleyearsucbutn returningntonfull(a0ttendance after that point. will help to $1.00 versus 2) Admission difference of tte } assure a continued high attendance at Civic Center Pool. 3) outdoor wave pool will attract new swimmers who do not e the Civic Center Pool due to the location or type now us i of pool and attract non-residents. 4) Wave pool will attract primarily teens, college group, young adults, and adults with young children. The Civic Center Pool will continue to th attract slight a reduction cross-section. of the community, but duction in attendr;ice will make for a better swimming e:p during peak times. 5) Provide residents with an option for swimming experiences. The City of Garland has four large outdoor pools, and they did not experience a reduction at those pools when their wave pool was opened. They also i0icated that t''y had surveyed other cities who that had opened wave pools and affect on their other pools; Garland afeels that most 411 indicated no rse pool users were either nt using existinopools not satisfieddwith pools the existing pool services, or were using . i } J i ESTIMATED OPERATING EXPENSES FOR THE PROPOSED WAVE POOL FOR THE FIRST YEAR (Summer Only) i Per___~ ita Dollars (000) 1 $2.00 $102.6 Salaries and Related Expenses 511 .10 Maintenance Reserve 6.2 .12 Chemicals .20 10.3 ' Water 16.4 .32 Electricity 10.3 .20 Other $2 94 $150.9 1 . TOTAL (12 Month Operation) i Per Capita Dollars 000 $102.6 Salaries and Related Expenses $2.00 9.6 .10 Maintenance Reserve 13.7 .12 j Chemicals 20.8 .20 Water .32 33.4 Electricity .20 20.8 Other -2.5.0 I DISD Participation (9 ronth) $2.94 $175.9 I, TOTAL I 7 i d { 'y t 3 PROJECTED REVENUE# OPERATING EXPENSES, GROSS AND I INCOME FOR THE PROPOSED WAVE pool' (SUMMER ONLY) (Dollars in Thousands) 1989 1990 199, 1992 1988 ( $145.0 $250.2 $315.4 $341.1 $367.2 ~ Revenue Ex enses 209.5 $215.0 Park Operations $150.9 $176.2 $204.4 Coat of sales 13.5 17.6 22.4 24.5 26.7 Food/Beverag° (l) 11.6 14.7 18.7 20,3 21.6 Merchandise (2) 254.3 $263.3 Total Expenses $176.0 $208.5 $245.5 $ $ 19.0 $ 41.7 $ 70.5 $ 86.8 $103.9 OPERATING INCOME (1) At 35% of food and bevecage sales. (2) At 45% of merchandise sales. PROJECTED REVENUEr OPERATING EXPENSESt AND FOR THESPROPOSEDIWAVENPOOL I(12 MONTH OPERATION) (Dollars in Thousands) 1989 1990 .1991 1942 1988 0 $260.2 $331.0 $356.1 $382.2 Revenue $200. i Sxoensee } $200.9 $231.2 $264.4 $274.5 $285.0 park operations Coat of Sales 3.5 17.6 22.4 24.5 5 26.7 _ 21,6 k Food/Beverage (1) 111.6 14,7 18 7 Merchandise (2) $226.0 $263.5 $305.5 $319.3 $333.3 Total Expenses OPERATING INCOME 26.0 4 3.3 $ 25.5 $ 36.8 $ 48.9 rae of food old f merchandisevsales,sa]es. {2) AAt 35% t 451 o I~ r . t V -LA ++H-t+ tmrmr" 11111 1 1 j I I l I i i 1 I f. f ;t i I w J `ICJ fl' 1 2162E ~ Dr f-L11.~~ DD NO. AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 21 "STREETS AND SIDEWALKS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY THE ADDITION OF A NEW SECTION PROHIBITING SOLICITATION FROM THE OCCUPANTS OF VEHICLES; PROVIDING A MAXIMUM PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREFOR; AND DECLARING AN EFFECTIVE DATE. f WHEREAS, Tex. Rev. Civ. Stat. art. 6701d, sec. 81(c) prohibits a person from standing on the roadway for the purpose of soliciting a ride, contributions and employment or business from the occupant of any vehicle; and WHEREAS, the practic, of persons attempting to solicit busi- ness or charitable contributions from the occupants of vehicles on and at the intersections of certain public streets is unsafe for both the person engaging in the solicitation and for traffic in general; and WHEREAS, this practice constitutes an impediment to the normal and safe flow of traffic in the City of Denton and could cause collisions resulting in injury to property and persona; and WHEREAS, there exist alternative means of soliciting funds for charitable purposes and for doing business without utilizing the portion of the public streets which carry vehicular traffic; t NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ; SECTION I. That Article I of Chapter 21 of the Code of Ordinances jL'shereby amended by adding a new Section to be numbered Section 21-10 (a) which shall read as follows: Sec. 21-10 (a) Selling upon or obstructing streets or sidewalks prohibited. No pc:•aon shall be upon any street or roadway or be or o upon the shoulder or median of any street or roadway for the purpose of soliciting business or charitable contributions of any kind from the occupant of any vehicle. SECTION II. Any person who shall violate a rovision of this or nance or fails to comply therewith or witK any of the / requirements thereof, shall be guilty of a misdemeanor punish- I able by a fine not exceeding Five Hundred Dollars ($500.00), Each such person shall be deemed guilty of a separate offense 4 for each and every day or portion theroeofcodtimed w end upon violation of this ordinance violations msuchdperson shall be punished conviction of any such a within the limits above. SECTION IV. That this ordinance shall b comnd f ecti e the ca sages fourteen ays from the date of its pas is hereby directed tice tin then Denton Record-Chronicles ordinance to be published of Denton, Texas, within ten the official newspaper of the I (10) days of the date of its passage. 1988. PASSED AND APPROVED this the day of RAY STEPHENS, MAYOR ~ i l ATTEST: 1T CRET R ER , } l APPROVED AS TO LEGAL FORM: r ' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i ~ BY: I~ j t R e 1 Ij e 7 i PAGE 2 I 4i i . 2220E 7~17L,~':r'~ i I NO. i E AN ORDINANCE AMENDING ARTICLE III (PEDDLERS, SOLICITORS AND ITINERANT VENDORS) OF CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR "HE REGULATION OF HOME i SOLICITATION AND ITINERANT MERCHANTS, PROVIDING DEFINITIONS OF ' THE TERMS USED IN THE REGULATIONS; PROVIDING THAT PERMITS ARE REQUIRED FOR PERSONS ENGAGED IN HOME SOLICITATIONS AND FOR ITINERANT MERCHANTS WHO WISH TO OFFER GOODS OR SERVICES FOR SALE; PROVIDING FOR APPEAL PROCEDURES, PROVIDING EXEMPTIONS; PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF $`.-00.00 FOR VIOLATIONS THEREFOR; AND DECLARING AN EFFECTIVE DATE. i WHEREAS, the City Council, upon full consideration of the ` matter, has determined that for th-a health, welfare and safety of its citizens, it is desirable to change the regulations governing solicitors and itinerant merchants, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Article III of Chapter 20 of the Code of j Ordinances Ishereby amended so that said article shall be and read as follows: ARTICLE III, SOLICITORS AND ITINERANT MERCHANTS ` Sec. 20-51. Purpose of Article. 4 This entire article is and shall be deemed an exercise of the police power of the state and of the city for the public safety, comfort, convenience and protection of the city and its citizens, and all of the provisions hereof shall be construed for the accomplishment of that purpose. Sec. 20-52. Definitions. IR When used in this article, the following words shall have the meanings respectively ascribed to them by this section: (a) Goods or merchandise means any personal property of any nature whatsoever except printed material. (b) Home solicitor means a person who goes from house to house or from place to place soliciting, selling or taking orders for, or offering to sell or take orders for any goods, merchandise or services. i I' W -7W C. T 1 (c) Nome solicitation transaction means a transaction or the purchase of goods or services, payable in installments or cash, in which the home solicitor engages in a personal k i solicitation of a sale to a person at a residence. A home i j solicitation transaction shall not include a sale made pursuant IE to a pre-existing re+3il charge agreement, or a sale made ` pursuant to prior negotiations between the parties at a business I establishment at a fixed location where goods or services are 1 offered or exhibited for sale; or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed ` real estate broker. 1 (d) Itinerant merchant means a person who sets up and operates a temporary business within the premises of another { business or any other building or location in the city, soliciting, selling, or taking orders for, or offering to sell E' or taSce orders for any goods or services. (e) Police Chief means the Chief of Police of the City of Denton or his designee. (f) Residence means any separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. (g) Soliciting means selling or attempting to sell goods or services, or to take or attempt orders for services or goods to be performed or furnished in the future. Sec. 20.53. Permit Required. It shall he unlawful for any itinerant merchant or home solicitor to sell, display or offer for dale any goods or services within the city without first obtaining a permit from the city. I Sec. 20-54. Application. (a) Any person who wishes to engage in home solicitation or any itinerant merchant who wishes to solicit within the city shall file a written application with the Police Chief which application shall show: ` (1) Proof of the identity and home address of the f appplicant and the name and address of the em- ployer or firm which such applicant represents; (2) A brief description of the nature, character and quality of the goods to be sold; PAGE 2 E s t (3) If employed by another, the name and business i address of the person, firm, association, organization or corporation; (4) If a motor vehicle is to be used, a descrip- tion of the vehicle together with the motor vehicle registration number and the license ? number; (5) A description of the proposed location(s) of the solicitation; (6) The period of time the applicant so wishes to solicit, sell or take orders in the city; I (7) The names of other communities in which the ' applicant has worked as a solicitor in the past twelve (12) months; and if he was i' employed by a different company in those communities, the name of those companies shall stated; also be (8) '".,ether the applicant or any agent of applicant has been convicted within the last ? five (5) years for burglary, theft, fraud, ; robbery or rape; and (9) Proof of sales tax permit issued by the State or proof that the goods sold are not subject to such sales tax. (10) An itinerant merchant who makes application to t offer his goods for sale upon private property written proof provide shall that he has permission to uses such property from the ' owner, or the owner s agent. (b) The applicant shall also present written proof of his authority to represent the company or individual such applicant states he represents. (c) The application shall be accompanied by a fee in the amount of Ten Dollars e hasl been ) paand no id by such i applicq thereunder shall be issued until such fe (d) A permit requested under this article shall be issued for the length of time requested, not to exceed twelve (12) menthe. Upon expiration of a new permit,inhthesolicitor prescribedaby merchant may apply this section. 1 f PAGE 3 4{ 1 i f l Sec. 20-55. Iseuance of Permits i it shall be the duty of the Chief of Police to issue such applicant a permit to solicit or sell or take orders for such goods, services or merchandise set forth in the applicant's application within five (5) working days of the receipt of a completed application and prescribed fee unless it has been determined that the application contains false information or the person has been convicted within the lest five (5) years of theft fraud, burglary, robbery or rape. If the application contains false information or the person has been convicted, the Chief shall not issue the permit. Sec. 20-56. Permit Card i (a) Upon issuance of a permit, the permit ee shall be issued a card which shall. contain the name of the permittee, the permit number, and date of expiration, (c) It shall be unlawful for any home solicitor or itinerant merchant to solicit in the City of Denton without carrying the required permit card on his person. (d) It shall be unlawful for any person soliciting to fail or refuse to display such permit card upon the request of any person demanding the same. Sec. 20-57. Appeal from Denial Any person aggrieved by the action of the Police Chief in the denial of an application for a permit shall have the right of appeal to the City Council. Such appeal shall 'u-j taken by filling with the City Mans. ger, within ten (10) days after notice of the action complained of has been mailed to the person's last known address, a written statement setting forth the grounds for the appeal. A hearing on the denial shall be scheduled for the next regular meeting of the Council, to be held within twenty (20) days of the appeal and notice shall be given to the appellant. The decision and order of the City Council on such appeal shall be final and conclusive. Sec. 20-58. Hours for Home Solicitation (a) A person shall not go upon any residential premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the residence for the purpose of engaging in or attempting to engage in a home solicitation transaction. (1) Before 9:00 a.m. or after 8:00 p.m. of any day, Monclay through Saturday; or PAGE 4 i I F' 9 (2) At any time on a Sunday, New Year's Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day. (b) Subsection (a) shall not apply to a visit to the premises as a result of a request or an appointment made by the occupant. 1 Sec. 20.58. Prohibited Conduct. i It shall be unlawful for a person engaged in soliciting under k this article to: I[ (a) misrepresent the purpose of the solicitation; i (b) continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to make a purchase from that solicitor; (c) represent the isouance of any permit under this article as an endorsement or recommendation of the solicitation; Sec. 20.59. Exhibiting Card Prohibiting Solicitors. (a) A person, desiring that no merchant or other person engage in a home solicitation at his residence, shall exhibit in e a conspicuous place upon or near the main entrance to the residence, a weatherproof card, not less than three inches by four inches in rite, containing the words, "NO SOLICITORS". The letters shall be not less than two-thirds of an inch in f height. ` (b) Every solicitor upon going onto any premises upon which a residence is located shall first examine the residence to deter- mine if any notice prohibiting soliciting is exhibited upon or near the main entrance to the residence. If notice prohibiting soliciting is exhibited, the solicitor shall immediately depart from the pcemiaes without disturbing the occupant, unless the visit is the result of a request made by the occupant. (c) No person shall go upon any residential premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the residence, for the purpose of securing an audience with 1 the occupant and engaging in or attempting to engage in a home ` solicitation transaction, if a card as described in Subsection (a) above is exhibited in a conspicuous place on or near the main entrance to the residence, unless the visit is the result of a request made by the occupant. PAGE 5 ~F 4 i. Sec. 25-60• Exemptions. to sales ciade The provisions of this 8 article shall not apply ales to dealers by commercial alling a upon orrdesling withents in manufac usersf course of bus distr cibutors or retailers at their p wholesalers, business. shall become effective SECTION II. That this ordinance and the Citf from the date of its passage, caption of this te- gys four Secretary is here by directed to cause the within ten ordinance to be Published of City of BDenton,~ Tex asa-Chronicle, the official newsy a of its passage' (10) days of the dd ay of 1988. PASSED AND APPROVED this the d k ~R S EP S, ATTEST: t APPROVED AS TO LEGAL FORCITY ATTORNEY DEBRA ADAMI DRAYOVITCH, BY Ik ; j PAGE 6 ~I i f, 1 r-~ i I~ i j i t 5 f w 5 3 } CITY otDENTON,TEXAS MUNICIPAL eurtaiNO / DEN TOM, TEXAS 76201 /TELEPHONE (81?) 506-830? offfa of the C1ty manager M E M O R A N D U M 1 T0: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: February 26, 1988 SUBJECT: Back-up for Agenda Item # 6-5:30 p,m, V 3 l t No formal back-up materials were submitted for this item per John McCrane. i : i C a Je fer alters p 2727C/2 ` j f' i F t 1 f r > i i l i 1 t 1 a 1 f s i 4 'OD ii f 1 E t i t 4 6 3 1 111E J V I 7,'aa CITY OF DENTON CITY COUNCIL MINUTES February 2, 1988 The council convened into the Work Session at 5:30 p.m. in the i Civil Defense Room. PRESENT: Mayor Stephens: Mayor Pro Tem McAdams; Council Members Alexanderr Ayer, Boyd, Gorton and Hopkins. ABSENT: None f item t3 was moved ahead in the agenda order. 3. The Council received an update on the bids for police l sedans. 1 John McGraner Executive Director of Financer stated that the 1111 low bidder had forgotten to include the police package in his bid. There were four options that the Council could consider the next provide owest price$ 1(2) force e bid to the r { cars oat e the the error: bidder but bill the low bidder for the difference in price, (3) rebid the entire package, and (4) go the the next lowest bidder and allow the low bidder to withdraw his bid. Staff recommending option (4) as the bidder was a first time bidder for that kind of a package and staff felt that it was an honest mistake. Consensus of the Council was to go to the next lowest bidder. The Council returned to the regular agenda order. 1. The Council received a response from the Finance Department regarding the Report to Management of Deloitte, Haskins & Sells. I John McGraner Executive Director of Financer presented the Council with staff's audit response. See Exhibit "A" for details. 2. The Council received a report concerning the collection of parking ticket fines. Roger Nelson, Administrative Aide, reviewed the process of :urrent parking ticket procedures. He suggested procedures to update the ticket process which included computerizing the ` input of tickets, receiving names and addresses for tickets through the Texas Department of Public Safety, issuing a warning letter after the time period for payment had expired, Instituting a late penalty for tickets, issuing arrest warrants for past due tickets, and pursuing tickets on the County level. { i 1 !f i. ~h City of Denton City Council Minutes February 2r 1988 Page 2 Consensus of the Council was to seriously consider computerizing 'past parking tickets and to hold off on a late penalty until new tickets could be printed. 4. The Council was to hold a discussion regarding loca'Cion and date for the Council-.Manager goals and Plans II Update Seminar, This item was not considered. 5. The council convened into Executive Session to discuss legal matters (possible litigation concerning the airport improvement contract), real estate, personnel and board appointments. No official action was taken. The Council then convened into thc- Regular Session at 7:00 p.m, in the Council Chambers. PRESENT: Mayor Stephens! Mayor Pro Tem McAdams; Council III Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None 1. The Council considered approval of the minutes of the work seseion of December 29, 1987 and the regular meeting of January 5, 1988. McAdams motion, Alexander second to approve the minutes as f presented, Motion carried unanimously. 2. The Council received a proclamation for "Child Passenger Safety Awareness week". Mayor Stephens presented the proclamation to Michael Jez, Chief of Police. 3. The Council received a presentation from The Southland Corporation to the Denton County Friends of the Family. Karen Rascoff, Southland Corporation, presented a check for $1,157 to the Friends of the Family from the 7-11 employees in the City of Denton. Item 7.D, was moved ahead in the agenda order. 76 The Council considered adoption of an ordinance I, authorizing the issuance, sale, and delivery of City of Denton r` General Obligation bonds, series 1988, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. 4 h 1 City of Denton City Council Minutes February 2, 1988 Page 3 Council Member Hopkins left the meeting with a potential conflict of interest, Frank Medanich, First Southwest Corooration, presented the mayor with the bids for opening. Ten bids had been received for the bond sale from the following corporations with Brown effective - .1051 (3) Merrill Lynch - 7.0414;6•(94)75Bear 2} Stearns - interest rates, (1) Bache - 7.0009t (5) First Chicago - 7.156; (6) First Republic - 7.017= (7) Shearson Lehman - 7,154; (8) Manufacturer's Hanover - 7.1981 (9) Underwood Neuhaus - 6.957323; and (10) MBank - 6.91925. Medanich stated that he and his colleagues would retire to tabulate the bids. Council Member Hopkins returned to the meeting. Council returned to the regular agenda order. 4. The Council considered a request from the Denton Girls Softball Association for a waiver of a parka and Recreation policy regarding advertising in City parks. (The Parks and Recreation Board considered and did not recommend approval.) Carl Stockerr Vice-President of the Denton Girls Softball Association, stated that he did not like the language "the Parks and Recreation Board did not recommend approval". He stated that the Board had met and discussed the item. A motion was made but the Association and a gave othe background read the organization. He stated that the Association was needing to raise money due to budget cuts. They were proposing the selling of advertising boards to be placed on the fences around the ball fields at Denia Park. The charge of the board would be $175 and would place 20-25 around the fields. He was requesting a wavier of the Parks and Recreation policy regarding advertising in City parks. The signs would be up from Match through n t ksaociation responsible for the maintenance and st rageofthesigns would be displayed, askd if anyone be using the k durig b the tim e the signs would be else would par Denia ball period, fields. the Softball Stocker replied h be uFing during the that time Association w Mayor Pro Tem McAdams stated that the Park Board had reasons for not allowing advertising in the parka. She fe)t that other groups would have similar requests if the Softball Association's request was granted. 4 f City of Denton City council minutes February 21 1988 Page d There was a concern regarding the esthetics of the signs and the type of advertising allowed in the parks. The Board felt that they would not be able to discriminate against certain types of advertising. Council Member Ayer felt that this was a significant change in policy and was reluctant to change the policy for one specific group. He felt the issue needed to be studied by the Parks and Recreation Board with carefully thought out guidelines and specifications. Council Member Gorton stated that the minutes from the Parks and Recreation Board did not reflect the lengthy discussion the members had and felt that a joint meeting with the Parks and Recreation Board and the City Council might be useful in 1 discussing the issue. i Debra Drayovitch, City Attorney, stated that a change in the current ordinance and a written contract was necessary if the Council decided to approve the request. Alexander motion, Ayer second to deny the request at that t present time. Motion carried unanimously. The Council returned to item 7.D. Council Member Hopkins left the meeting with a potential conflict of interest. 7. Ordinances D. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Ge+:eral Obligation bonds, series 1988, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. The following ordinance was considered: No. 88-022 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL 03LIGATION BONDS, SERIES 1968, LEVYING THE TAX TO PAY SAFE, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PRCCEDURES RELATING THERETO Frank Medanich, First Southwest Corporation, stated that he had checked all of the bids and recommended MBank Capital Markets receive the bid with an effective interest rate of 6.91925. ,r (}b City of Denton City Council Minutes February 2, 1988 Page 5 Paul Horton, McCall, Parkhurst and Horton, stated that City Charter required bond counsel to make a recommendation with respect to bond sales and also recommended the bid from MBank. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously with H,,pkins abstaining. Council Member Hopkins returned to the meeting. Mayor Stephens left the meeting to sign the bond documents. Mayor Pro Tem McAdams continued with the meeting. 5. Public Hearings i A. The Council considered adoption of ordinance amending Appendix B-Zoninq of the Code of the City of Denton, Texas, to provide for a definition, parking requirements, and zoning district use designation for flea markets, providing for a severability clauses providing for a penalty in the maximum amount Of $2,000,00 for violations t►+ereofj and providing for an effective date. The Mayor Pro Tem opened the public hearing. I No one spoke in favor. t,o one spoke in opposition, The Mayor Pro Tern closed the public hearing. Cecile Carson, Urban Planner, stated that several property owners had requested permits similar to those issued for flea markets. However, the Planning Department and Building Inspections were not able to issue Certificates of occupancy for particular sites since there was no definition of a flea market. The proposed ordinance would allow, with a specific use permit, a flea market in an agricultural district, a commercial district, a light industrial district, heavy industrial district or permitted with a planned development in any district. The use would be for inside or outside of a building and for a variety of uses. Council Member Alexander asked if the ordinance would provide definite limits on the length of time the location would be used for such an operation. i II f ~i q,. City of Denton City Council Minutes February 2, 1988 Page 6 Carson repll.ed that the specific use permit had a provision to set time ll.mits on a use. r The following ordinance was considered: NO, 88-019 a 1 AN ORDINANCE AMEF"ING APPENDIX B-ZONING OF THE CODE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR A DEFINITION, PARKING REQUIREMENTS, AND ZONING DISTRICT USE DESIGNATION FOR FLEA MARKETS; PROVIDING FOR A SEVERABILITY CLAUSE: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOFI AND PROVIDING FOR AN EFFECTIVE DATE. P.lexander motion, Hopkins second to adopt the ordinance. On roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem McAdams "aye." Motion carried unanimously. Mayor Staphens returned to the meeting. 6. Consent Agenda Council Member Boyd asked that Item 6.A.1. be pulled for special consideration. Hopkins motion, Gorton second to approve the Consent Agenda with the exception of Item 6.A.1. Motion carried unanimously. A. Bids and Purchase Orders: 2. Bid 19810 - Sedans, Pickups, and Trucks B. Plats and Replats 1. Consider approval of preliminary and final replat of pa :t of Lot 27 of the Foxhunt Addition. 2. Consider approval of preliminary plat of Summerwind, Phase II. Iten, 6. A.l. was considered, A. Bids and Purchase Orders: 1. Bid 19805 - Airport Improvements 4 k s City of Denton City Council Minutes February 2, 1988 Page 7 Rick Svehla, Deputy City Manager, stated that staff was recommending, after consultation with the Attorney, that both sections A and C of the airport improvements be approved with E the removal of the sanitary sewer work. New rules from the State on trenching specifications and safety were inadvertently omitted. All of the perspective bidders were notified of the new rules but in order to make sure that there would be no conflict, staff was recommending that the sewer improvements be removed. Gorton motion, McAdams second to approve 6.A.l. with the exceptions of 8 and 9 of Section C. Motion carried unanimously. 7. Ordinances i A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: 140. 88-020 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES] PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREi AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO, 89-021 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR I14PROVEMENTSi PROVIDING FOR THE EXPENDITURE OF FUNi)S THEREFOR! AND PROVIDING FOR AN EFFECTIVE DATE. i i 1 F~ City of Denton City Council Minutes February 2, 1988 Page 8 McAdams motion,, Hopkins second to adopt the oro!.nance subject to the changes outlined. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. i C. The Council considered adoption of an ordinance withdrawing the award of a contract for the purchase of police sedansr and awarding the contract for such purchases to Dave Krause Dodge. The following ordinance was considered; ` NO. E8-023 V AN ORDINANCE WITHDRAWING THE AWARD OF P. CONTRACT FOR THE PURCHASE OF POLICE SEDANS] AND AWARDING THE CONTRACT FOR SUCH PURCHASES TO DAVE KRAUSE DODGE PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORSt AND " PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "ye," Y "Y" Boyd "aye," and mayor Stephens a Ayer ae~ "aye." Motion carried unanimously. E. The Council considered adoption of ordinance amending Ordinance No. 84-25 to correct an error in the metes and bounds descriptions and declaring an effec':ive data. (2-1621) The following ordinance was considered; ° N0. 88-024 AN ORDINANCE AMENDING ORDINANCE NO. 84-25 TO CORRECT AN ERROR IN THE METES AND BOUNDS DESCRIPTION] AND DECLARING AN EFFECTIVE DATE. Cecile Carson, Urban Planner, stated during the review of documentation, the Right-Of-Way Agent discovered an error in the volume and page number of the annexation. This was a clerical error and had no effect on the annexation process. Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I 1+ City of Denton City Council Minutes Februery 2, 1908 Page 9 F. The Council considered adoption of an ordinance ` amending Ordinance No. 85-197 to correct an error in the metes and bounds description; and declaring an effective date. (A-22) The following ordinance was considered: NO. 88-025 f AN ORDINANCE AMENDING ORDINANCE NO. 85-197 TO CORRECT AN ERROR IN THE METES AND SOUNDS DESCRIPTION; AND DECLARING AN EFFECTIVE DATE. Cecile Carson, Urban Planner, stated tt.at this was a correction j of a bearing error in the annexation. It was a clerical error II and would not effect the annexation. Alexander motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimc.sly. ` G. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Tonto Construction, Inc. for an increase in the contract price; and providing an effective date. The following ordinance was considered: No. 8A-026 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND TONTO CONSTRUCTION, INC. FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that these were items that would modify the water treatment plant. Plans were done based on assumptions regarding structural changes that needed to be modified. Hopkins motion, McAdams second to adopt Change Order #11. Council Member Gorton questioned the need to change the color selection of the bathroom fixtures for $1,000. Svehla replied that Bob Nelson, Executive Director of Utilities, was not present at the meeting but would research the item and inform the Council as soon as possible. 1 ~J City of Denton City Council Minutes Febr;ary 2, 1988 Page 10 Council Member; Ayer stated that he read the item as not only changing the color of the fixtures but also including a change in ammonia piping. He felt that it was not all for bathroom color by the way the back-up was written. Mayor Stephens asked if the Council would want to table the item until Bob Nelson could be present. y Debra D rlyovitch, City Attorney, stated that Change Order Number 11 was the only one which required Council approval. Change Order Number 1 did not require Council approval as it was only for k1,000. It could be approved by the City Manager. She stated that the question had also come up at the Public Utility Board meeting. Unfortunately, she was not able to recall the exact details of the item. Gorton stated that if the city Manager had the authority to look into that issue and approve the change or not approve the change, he felt comfortable with the Idanager's decision. Mayor Pro Tem McAdams stated that further in the back-up materials was the statement that the change was to modify the fixtures in addition to changing the color. The change as she interpretated it was not just for color change but also for a modification of the fixtures. i Svehla stated that staff would provide council with an explanation on the item and that if the Council was not satisfied with the explanation, the item could be deleted if in fact it was just a color change. He had been told earlier that it was more than just a color change. Boyd suggested that in the future back-up materials be more specific, especially such cases where the change may involve more than just a color change. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinanne designating and establishing a s^.hool safety speed zone on Hickory Creek 'load from its intersection with MontEcito Drive and Montecito Drive from its intersection with Hickory Creek Road; reducing the maximum prima facie speed limit for such portions of said streets from thirty i30) to twenty (20) miles per hour during certain hoursl providing a penalty of a fine not to exceed five hundred dollars ($500.00): and providing a severability clause: ant, declaring an effective date. (McNair School) 6 City of Denton City Council Minutes February 2, 1988 Page 11 The following ordinance was considered: NO. 88-027 AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON HICKORY CREEK ROAD FROM ITS INTERSECTION WITH MONTECITO DRIVE AND CONTINUING FOR A DISTANCE OF 790 FEET; AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON MONTECITO DRIVE FROM ITS INTERSECTION WITH HICKORY CREEK ROAD AND CONTINUING A DISTANCE OF 775 FEET; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this item had been recommended by the citizens Traffic Safety commission and staff was recommending approval. Gorton motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," l.jpkins "aye," Gorton Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion catLled unanimously. I. The Council considered adoption of an ordinance designating and establishing a schcol safety speed zone on Farris Road from its intersection with Silver Dome Road to its intersection with Grant Parkway and on Grant Parkway from its intersection with Farris Road to a point south of the fifth drive for approximately 11150 feet; reducing the maximum prima facie speed limit for such portions of said streets from thirty (30) to twenty (20) miles per hour during certain hours; providing a penalty of a fine not to exceed five hundred dollars ($500.00); providing a severability clause; and declaring an effective late. (Hodge School) The following ordinance was considered: NO. 88-028 AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON FARRIS ROAD FROM ITS INTERSECTION WITH SILVER DOME ROAD TO ITS INTERSECTION WITH GRANT PARKWAY AND ON GRANT PARKWAY FROM ITS INTERSECTION WITH FARRIS ROAD TO A POINT SOUTH OF THE FIFTH DRIVE FOR APPROXIMATELY 1,150 FEET; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS (500.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. i t , • City of Denton City Council Minutes February 2, 1988 Page 12 i Rick Svehla, Deputy City Manager, stated that the Citizens Traffic Safety'Commission had recommended approval of the item. i McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. i f J. The Council considered adoption of an ordinance approving an interlocal agreement between the City of Denton and the Town of Little Elm for the impoundment and disposition of dogs and cats; and declaring an effective date. The following ordinance was considered: NO. 88-029 j AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF LITTLE ELM FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS} AND DECLARING AN EFFECTIVE DATE. Bill Angelo, Director of Community Services, stated that the j item was an update of the 1984 agreement with the Town of Little Elm which reflected the City's increased costs over the years for the holding and disposition of animals at the Denton Animal Control Center. Gorton motion, Alexander second to adopt the ordinance On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. K. The Council considered adop~ion of an ordinance authorizing the Mayor to execute an amended and restated security agreement between the City of Denton and Flow Regional Med!cal Center, Inc. Council Member Gorton left the meeting with a potential conflict of interest. The following ordinance was considered: NO. 88-030 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED SECURITY AGREEMENT BETWEEN THE CITY AND FLOW REGIONAL MEDICAL CENTER, INC.t AND PROVIDING AN EFFECTIVE DATE. f 4 s City of Denton City Council Minutes February 2r 1968 j Page 13 lex and to nder adaye,„heHOpkins ordinance. "n Arol yer } Boyd motion, Alexander AsecO McAdams:"aye," „ " Motion carried "aye Boyd "aye," and mayor Stephens aye. ed unanimously with Gorton abstaining. Council Member Gorton returned to the meeting. 8, Resolutions A. The Council considered approval o ngathesolution verall amending the Denton Development Guide areas7 and declaring an concept plan and land intensity effective date. The following resolution was considered: RESOLUTION NO. INGUIDE BY TENSITY A RAMENDI NG THE EGONGTTB£ OVERALL CONCEPT TPLAN DEVELOPMENT AREAS7 AND DECLARING AN EFFECTIVE DATE. AREA iI f David Ellison, Assistant to the City Manager, stated that the issue conrned eloPmente Guide and Procedures en at the proposedtintersecti Dev on j of Colorado Blvd. and Lakeview Blvd. RVM Realty, formerly Miller of Texas, owned 1200 plus acres lo8catacdebbe weer nighway I 380 east and 135. The 90z eastg wafor 69. s approved by motion of the 390 IIh McKinney and Highway s City Council in February 1986. A formal ordinance lwas an forpthe in January of 1987. The existing L level w toatng exceeded the 690 8 acres had an intensity approximately ed Development Guide standards by addition, there were two unsanctioned, not established in the of Bl Roadloandn Lake i ew mBlvd. and milals tRoadntande Lakeview Blvd, Miller of Texas and now RVM Realty did not zone the additional property that they owned and controlled between East McKinney 11 south to 135. They came in approximately one year ago to start discussions °fzonthe ingprocess that property into some satisfactory classification. At that time, staff proposed to them several major issues, one of which was an zoning existing existing significantl reduce attempt of the East McKinney to Highway 380. The other issue was to try and increase the andr setteasidedforobo hrpublic parkseas dedicated amount to of property, any future well as public schools. The third issue was to keep a zoning that might be established and that had not already been I A F City of Denton City Council Minutes February 2, 1988 Page 14 i established within the Development Guide guidelines and to also look at future zoning as well as any revisions to the existing zoning, with the thought of possible policies coming out of the Land Use Committee's work. The bottom line was that it was not a perfect proposal with respect to the addition of another node but when coupled with a significant reduction in the density/intensity of the existing Lakeview zoning and also combined with an increase in park land dedication, the plan was reasonable. Major issues were: (1) the proposal called for a dramatic reduction in intensity of the approved Lakeview plan and the proposed intensity of Southview would not exceed the standards of the proposed plan or the existing Guide if an additional node were approved. (2) The existing Lakeview plan had a density level of 16.0 unita per acre. The proposed revisions had a density level of 9.5 units per acre. The f proposed Southview plan had a density of 7.0 units per acre and the combined proposal was for 8.7 units per acre. (3) The existing public use percentage of the development would increase in the existing Lakeview plan from 49 to a proposed revision of 88 and there was a proposed percentage of usage in ' the Southview plan at 108 for a combined percentage of 88. (4) The property to be dedicated for parks and schools would be increased from 31 acres and a $250,000 payment with 8.4 acres of parks and 22.6 acres of schools to 70.5 acres to be donated and additional school sites to be negotiated in Lakeview. In proposed Southview, 26.0 acres would be dedicated for park area plus an additional 10 acres for a joint school/parks. (5) Two unsanctioned moderate nodes would be eliminated in Lakeview and one additional node was being requested. Plans were in the office and negotiations were going on with the representatives of RVM. Staff did not anticipate any increases in any densities or proposed intensities. Council and the Planning and Zoning Commission would have an opportunity to review subsequent zoning plans and any additional decreases. Potentially negotiate some Council Member Boyd asked if intensity of Southview would comply with the recommendations of the Development Plan. Ellison replied yes. Boyd asked with the changes, how did the Lakeview portion comply with the Development Plan. Ellison stated that it would still not come within the Plan guidelines. But it would significantly reduce the extent to which it was exceeding the standards. i J i t City of Denton City Council Minutes February 20 1988 Page 15 Boyd asked if:i. was Ellison's understanding that there was density approver .,y a prior Council for the Lakeview project that would not l.:ely be used. ` Ellison stated that past representatives had commented that not all of the density would be used but staff used the "worse case scenario". Council Member Ayer asked why the proposed park land was I I divided so unevenly with much more in Lakeview than in Southview. i Ellison stated that it was based on the distribution of acreage in the two areas. There was more land in Lakeview than in Southview. Ayer stated that at the time that the Lakeview project was approved by the Council, it was said that the road would be built but there was no mention of creating a utility district to build that road. Ellison stated that that was correct. Mayor Pro Tem McAdams stated the two nodes that would be eliminated, were never approved in the first place, Given that a proposal was in existence that suggested that the Lakeview density would be reduced considerably, still considerably higher than anything that citizen's groups had reasonably approved of in the past, one had to remember that when that proposal initially came before Council, one of the arguments for all of that density/intensity was the need for the road and that it simply could not be afforded without that kind of density/intensity. Immediately, however, upon passage of that zoning case with all of the density, the owners went to Austin to get permission for a road utility district to have those who lived there pay for the road all together. That completely eliminated the reason that had been stated as the most pressing one for breaking all of the rules of the Development Guide, at the time. Staff also stated that the amount of park land that was being donated at that time was quite adequate for what was being proposed and it was significantly less than what was there now. Looking at the whole proposal and being now asked to depend upon some changes that were proposed, given that there was an approved zon'.ng situation in hand, one could only speculate how much of whatever was proposed here would come to pass or how much of whatever was there in the first place which was already approved, would be done. When someone was able to trade two non-existent nodes, never approved, for a whole new one and when one managed to get the kind of intensity that had been allocated for that parcel of land and were able to trade I i City of Denton City Council Minutes February 2, 1988 Page 16 i that back so that they were now only 509 over and put every other developer who might develop in that area at a distinct i disadvantage, it seemed that one needed to look at the whole thing with a grain of salt and to look at any kind of recommendations that one got with regard to this particular f parcel, park land and all the rest of it, with some skepticism. Council Alexander stated that he felt that the density/intensity was far too high in tho original Lakeview i agreement and was very pleased to now see some significant reduction. It might not be exactly what was wanted but it was a better deal than what was had a present. The decision before the Council at the present was what he considered to be a better deal than at present. Under the circumstances before the Council that evening, the prudent decision was to vote to ; accept the proposal. } Council Member Hopkins stated that she was appreciative of the ,q efforts of staff and the developers for reducing the density. She felt that what was before them was Southview, not Lakeview. Lakeview had been done and zoned and good compromises had been made in that area. Mayor Stephens asked why the suggestions for eliminating the two nodes and establishing the new one came before the zoning was requested for Southview. Ellison stated that that was the policy procedure in the Development Guide. if an area which was known going in exceeded the standards, as with Oakmont, theoretically the process was to amend the policy, then take subsequent action - as opposed to amending the policy through that action. Mayor Stephens stated that that was not the procedure followed for Lakeview. Mayor Pro Tem McAdams felt that the Council was trading away something that the Council had not given the developers based on a promise that when the developers came in for something else, that would be changed also. Mayor Stephens asked when the zoning for Southview would come to Council. Ellison stated that a formal application and proposal was on filo in the Planning Office. Mayor Stephens asked if that would be just for Southview or for Southview/Lakeview combined. ;r i I 1 ~I City of Denton city council minutes February 2, 1988 Page 17 Ellison stated: that it would be for both combined based on the proposed concept that had been negotiated with additional opportunities for more specific kinds of zoning comments by the 'I Planning and Zoning Commission and City Council. Mayor Pro Tem McAdams stated that she preferred to see, before granting any additional intensity at all in that area, the formal proposal. Alexander motion, Hopkins second to approve the resolution. Council Member Gorton asked if the resolution failed, would the developers still be able request a zoning change. Deputy Svehla replied that if the resolution failed and Southview and Lakeview were pooled together, staff would have to follow the existing Guide's recommendations. 4 Council Member Boyd stated that as he una. rstood it, Council was being asked to increase the density at the one node. They were also being told that as a consideration for that increase, the density at two other nodes would be decreased. He did not see that reduction in front of him, only the increase at the one been location. d hen had n before before thee meeting was representations over$ the agreement went away. He wondered why he did not see the whole proposal in front of him rather then just the one pert increasing purpose decrease the Lakeview, why was that not in front of them as well. Ellison stated that the fact the two nodes were expected to be reduced was referenced in the body of the resolution. Attorney Drayovitch responded as an expectation, not as a contract. Ellison added that a formal zoning request was in the Planning Office and he could understand the council's concern. But the developers would be very foolish to take the plan and propose any additional increase in the density. If anything, the developers should be thinking of further reductions. Deputy Svehla stated that the Council had not zoned Southview as yet. Because of that, the developers could not develop any of that property something different ethan in fwas p being hdiscussed# the presented could not approve the zoning. City of Denton city council minutes February 2, 1988 Page 18 a Ellison replied that staff was not trying to pre-set the true I zoning agenda although it was not possible to completly avoid I getting into those kinds of issues. Staff really was, based on question from Guide policy, lactualtrzoning t questions, which intensity the policy Development and Planning and Zoning would have further unlimited opportunities to consider. } Attorney Drayovitch stated that the intensity to policy a as appro i considered and evaluated in determining whether zoning change. Therefore, they were related. I Deputy Svehla replied that if the resolution was not passed, staff would have to analyze Southview on a totally low intensity basis and would have to recommend denial. Ellison stated that in the zoning proposal in the Planning I Office, the developers had increased some of the lot sizes. On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "nay," Ayer "nay," Boyd "nay," and Mayor Stephens TMnaY," Motion failed with a 5-2 vote. The Council considered approval of a resolution and commercial authorizing d betweenthe City oft DenNo. ton l and to the Fox-51 airport for an effective date. The following resolution was considered: RESOLUTION NO. RB8-009 ' A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE AIRPORT COMMERCIAL LEdI 0 IV E AND FOX-51 LIMITED) AND PROVIDING FOR AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that the amendment the way Fox-51 would lease the land between itself would change and the existing County road. McAdams motion, Gorton second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and mayor Stephens "aye." Motion carried unanimously. C. The Council considered dpproval of a resolution authorizing the City Manager to submit an application to the Texas Rental Rehabilitation Program Fund for a grant; and providing an effective date. i I i I. T p City of Denton city council Minutes 1 February 2, 1988 Page 19 The following resolution was considered: E I NO. R88-010 i AN ORDINANCE AMENDING ORDINANCE NO. 86-165 TO PROVIDE FOR AN AMENDED PLANNED DEVELOPMENT DETAILED PLAN FOR 4.8 ACRES OF LAND LOCATED AT 2026 WEST UNIVERSITY DRIVE; PROVIDING FOR A MAXIMUM PENALTY OF 1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motion, Alexander second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered approval of a resolution E accepting Amendment No. 1 to the grant agreement with the Federal Aviation Administration; and providing an effective date. The following resolution was considered: RESOLUTION NO. R88-011 A RESOLUTION ACCEPTING AMENDMENT NO. 1 TO THE GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION; AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Gorton second to approve the resolution. on roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 9. Miscellaneous matters from the City Manager A. Rick Svehla, Deputy City Manager, stated that the December budget report was in the Council's back-up materials for their review. 10. There was no official action taken on Executive session items of legal matters, real estate, personnel or board appointments. 11. New Business The following items of New Business were suggested by Council Members for future agendas: 4 . 1 !!!!t City of Denton City Council Minutes February 2, 1988 Page 20 A. Council Member Gorton requested a joint work session with the ks and Recreation Boa[d scheduled for the next regular meeting. { B. mayor Pro ordinance TandMcthemsBerequested a autification eCommitteetiin to the sign o conjunction with the request from the Denton Girls Softball Association. memb C. Cofuture budget item orga various eScurrenteb dgt uncil con, e[ as a the improve the ofsi riacey relationss programs varous training city Departments s of high public contact. specifically in area ~ D. Mayor Stephens asked for study topics for the NLC , l f policy committee. He also requested nominations for the APPA ! voting representative from the city of Denton. convene into Executive Session. 12, The council did not 13 With no further business, Gorton motion, McAdams a I econdas uadjourned att 9 ji p Mention carried unanimously. was The meeting ,l i RAY STEPHENS# MAYOR CITY OF DENTON, TEXAS ' . JENNIFER WALTERS CITY SECRETARY CITY OF D£NTON, TEXAS 2856C j I 1 i l• "EXHIBIT A" { CITY OF DENTON - AUDIT RESPONSE JANUARY 26, 198b i CASK RF~CEIPT~ Observatlon: The library uses a cash register when collecting cash recelptat however, the cash register tape is not sent to the cashier's office along with the deposit slips, checks and cash. Recommendation: In order to maintain tighter controls over cash received at the should register forwarded should the cash register tape agrees withe th the cash &no the Cashier l1braryp checks collected. Response: The Finance Department staff has contacted the library Di. recthe through a personal visit ano by agrees Director ashiering agreed aat least s twice the a library Cawill forward the shiers will ensures that ethe tope tape C with the cash and checks collected. Any discrepancies will be reconciled with the library in a timely fashion. i Mail Remittance Machine Observation Utility bills and property tax mail receipts are cpeneo manually, cash receipts are totalleo and recorded manually, and credits to customer accounts are input manually. The process is slow ano does not allow for proper segregation of duties (City personnel have access to cash and records). Machines exist (which can be leased or purchasea) which can 'reap' utility stubs and automatically record the credit to the customers' accounts. It is a much faster and more accurate process than manual recording, oerey It tou oalalso -le act as an additional control as City personnel cash received to credits to customers' accounts. These or similar machines could probably also be used for property tax payments. Recommendation: Consider leasing or purchasing mail remittance machines for utility bill ano property tax receipts. I I ~1 peloitter baskins i Sells Audit Response page 2. 3 7 for j nae: I will oe recelvi~3 proposals is indict-ions ate thear~~e equipment we have contect p ed several vreliminary and budget. Upon otential options. sowever, P ssibilities of this year's we anticipate reexpensive and may be outside the W w of the various alternative sYste =ovine asspackage tortconside[etion in vie 11 P , and wi item r a to be a budgets Y this bb,'q9 budget [r,cess• the 19 Look Box ` Dtte`ons The City does not use a lock box system to deposit cash receipts, sitor bank. Consider opening a lock box at the Ccoyt$ lead reduce the v A Re lock boxcommendati sY on tem should strengthen internal accounting cash receipts. City's staff time involved in processing and depositing and have initiated the lock box possibility flea uses We aresuchnswithinour depository bank. Upon response implementatfrom Our contact ardi re bank,nwe will review the cost/ benefit of potential depository e i { I I I .I , y 5 R" fi t1 I Deloitte, Haskins i Sells Audit Response page 3. PURCCHASSINy L Written (quotations Observation: The city has an internal policy of requesting bias on items (non-emergency) over (6,000. Bids are received by telephone and written l quotations are seioom receivea. Recommenoation: Written quotations anoulo be received from all vendors requested to submit bids prior to the issuance of a purchase order. Re!pon_ae: The wirtten policies Ana procedures for the finance/Purchasing 4 Department have been revised and are currently being rewritten. Written quotations and/or bids will be received as required by the Purchasing Agent for purchased items oh services between the amounts of 050000 and $10,000. Open Purchase Orders Observations The City has over thirty (30) open purchase orders with various vendors. There are not written policies on utilization, purchase authorization and monetary limits. Recommendation; Review all open purchase orders and limit the number to only those absolutely essential for service provision. Written policies for utilization should be developed Ana incorporated in the Purchasing Policy and Procedure manual. All open purchase orders should be reviewed on an annual r ' basis. h Response: The practice of having open purchase orders of thirty (30) days 4 will be automatically eliminated with the full implementation of the Extenders Purchasing Software package. It is anticipated that this package will be operational by march 15, 1986. Vendors not Submitting Bids Observation: Vendors who do not submit a formal bid for items over 0100OUu are telephoned by the Purchasing Division and requested to provide it verbal reason for not submitting a cost quotation. Recommendations A standard written format specifying reasons for not submitting a cost quotation should be developed and incorporated in the bid package. These forms should be returned to the finance Director. h s • I I ~y F S I I M~ I ~ Deloltte, haskins 6 Sells Audit Response Page have ors, now Initia eloping a form that will be included Res e .wvend no r reaspponse in the bid packages that are sent DepartmenC.sent to the Finance Director and a copy for 1 Policies and Procedures f Observations The existing purchasing policies and proceasu es are not current and are under revision. Recommendation: Complete the revision for approval by the City Council, tosystem, $10,OU9 p purchase and written ations fort p inntory y of control Procedures toe the orders, written 4uot guidelines for no-bid response should be incorporettd. Responses The start agrees with the recommendations and if. in the process of revising and updating the purchasing policies and procedures. I i E a ;I i I t I 4 1 I i E , 1 i i i I 1 1 Deloitte, Haskins i Sells Audit Response 1 Page I a<CoLb it4u Phckj-) ,UA iC I Lease Accounting 4 Observation: Lease payments are not properly recorded in the general ledger. Therefore, audit adjustments must be made at year-end Recamrnendation: use the lease payment/amortization schedules which the city already maintains to properly record principal reductions and interest expense on capital lease payments. t RlaDonse: The staff agrees with the recommendation and, for capital lease payments, will quarterly record principal and interest adjustments on the general ledger. Cancella.ioa of Documentation Observation: Several voucher packages were reviewed in which some or all of the pages were not cancelled (stamped palo). According to the City's internal control proceaures, every page in the voucher package should be stamped as paid. Recommendation: The City should take appropriate steps to ensure that each pace in the voucher package is stamped 'paid' when the check is issued. For checka over 3,000, the check signer who reviews the documentation ano initials the signed check shoula also note that the documentation has been appropriately cancelled. Response,: The City's internal control procedure is established to stamp the vendor invoice 'paid.' in order to facilitate this process, the accounting clerks attempt to stamp all documents within the package in order to expedite review procedures, we will attempt to ensure that the clerks at least stamp the invoice 'paid.' %a are also investigating an alternative method that will deface the documents on a larger scale and thus increase productivity. we are exploring utilizing the creativeness of our Machine Shop to produce the type of equipment necessaxyt otherwise, the cost would be prohibitive. Initialing Checks Greater Than 13,000 observations Checks wart noted which exceeded 03,000 but were not initialed by an authorized check signer indicating that the support was reviewed prior tc Lelease of the check. .1 1 i r Deloitter Haskins s Sells Audit Response Page 6. i Recommendations Tne authorized check signer who initials checks exceeding ,checks shhhel an uldr then scant the check register fort allt checks writtennover c h¢pka. $30M to ensure he has reviewed every one, Response: The staff agrees with the recommendation on proceduress however, we are investigating the process reviewing h that iha excess previ usly i which will coincide with purchasing Procedures amended by City Council. Inventory Observation Observations During the year-end utility warehouse physical inventory observation, we noted the following: o Numerous mathematical errors were noted on the inventory count tags.. a The inventory counts were not reviewed and tested by a second counter. o Inventory instructions were not written, Recommendations Each counter should be provided the caecl atocountll inventory counts should be tested and initialed by Instructions for zounting physical inventory should be printed and distributed to each counter, Responses The staff agrees with the recommendations. Calculators will be furnished to counters when applicj6 ile and it necessary$ recounts on required items or sections of inventory will be conducted. Also, instructions for counting physical inventory will be distributed prior to the actual taking of the year-ena inventory. 5afekeepin9 Receipts Observations The City does not receive original safekeeping receipts of the coateral pledged against the City's bank deposits from the custodian bank. ll Recommendation: Request the custodian bank to forward the original safekeeping receipt to the city. This procedure would ensure that the securities belonged to the city in the event of any bank uncertainties. Responses we have made this request to the depositoybanafnd receipts declined to meet this request. we do receive KR papa copies that clearly indicate the securities are pledged to the City of Denton, we have made a second request to the bank and have not received a response as of yet. i Oeloitte, Haskins i Sells Audit Response page 7. { k A4DIT INTERNAL Observation: currently, the City relies on its system of internal } accounting control and annual independent audit to provide assurance that the f financial statements are fairly presented. while this reliance is adegcate, an internal audit function would provide an additional control level and establish a system which woulo better monitor operations ano the accounting system of the City. I E Recommendation: Consider establishing an internal audit function. internal auditors' duties and responsibilities vary widely among cities. Frequently, internal auditors are involved with operational reviews ano special projects as contrasted with the traditional role of financial auditing, f The internal auditor should have no authority over, nor responsibility for, the activities examined. In order for objectivity to be maintained, we suggest that the individual performing this function report directly to the city manager and report semi-annually to the Audit Committee of the Board, This type of arrangement should provide a level of internal control through segregation of responsibility and give the internal auditor the authority required to operate across departmental lines to best perform the job, Respo nser The staff agrees with this recommendation and will once again submit a budget package for consideration in 1948. 'al I r~ i k r Deloitte, haskins 6 Sells Audit Response Page 8. BUDGE1 OFFICER t Observations The city has not designatea to one individual the responsibility to review and investigate compliance by all City departments with the annual budget. Recommendations Consider establishing a budget review function by either designating a department or individual with the oversight responsibility of budgetary compliance. 9 Responses The staff agrees with this recommendation Ana has considered this !1 item in past budget revlewsi however, due to the fiscal restraints funding was not provided. This recommendation will also be rubmitted as a supplemental package in the 1988/89 budget consideration. c 1 I i i t ~r~ tf 1 1 I Deloitte, Haskins i sells Audit Response Page 9. RE PORT S Preparation of the grantee Performance Report Observation: The Grantee Performance Report for the period 7/18/b6 - 7/lb/87 did not reconcile to the general ledger. In audition, one page of the report contained mathematical errors. The report was amended by CDBG office personnel after the errors were brought to their attention during the audit. i Recommendation: The Grantee Performance Report should be prepared by the CDBG office using the accounting records/general ledger. A formal reconciliation should be prepared by CDBG and then reviewed and approved by the Finance Department. Response: The Accounting division will review, and a formal apprpval procedure will be initiated, to approve future CLBG grant reports to ensure , consistency with accounting records. Any variances will be reconciled with ' the CDBG office prior to submission of the report. i Utilizing Report 6ritet Function Observation: Financial statistical taken from the LGFS reports, are being input into the %ang word processing system or Into Lotus spreadsheets to allow for ad hoc reporting or other changes. The American Management System's report writer function is not being utilized by the user departments. The AMS report writer is perceived to be extremely complicated to use and users have not been properly trained. i Recommendation: Users should be trained to use the re,ort writer function or other report writing systems should be considered. Response: The staff sgrees that some report writing/communicaton system Is essential and will investigate alternative methods of utilizing one of the .ystems. 1I~ f ~r Y Deloitte, Haskins 6 Sella Audit Response Page 10. i ' reF~.T~~A P4AN plan that receives Observation: A cafeteria plan is a fringe benefit k special tax treatment under section 125 of the internal Revenue Code. The plans allcw employees to have qualified expenditures deducted from their earnings on a pre-tax basis. Some of the most significant qualified expenditures are group insurance deductions, child care deductions, and medical reimbursement account deductions. Recommendations consider establishing a cafeteria plan, as it could be an effective and efticient tool for improving the compensation package offered City employees. It could increase employees' take-home pay and enhance their lob satisfaction. Response: The staff agrees with this recommendation and has already implemented the cafeteria plan program for employees. 1 { ~I `t i• i ,i j l , d E 1 I J Deloitte, haskins 6 Sells Audit Response Page 11. DATA PROCESSING OPERATIONS Passwords Observation: Passwords are not changed on a timely basis. Currently, k passwords are protected only once a year. To provide adequate confidentiality of passwords, they should Le changed more frequently. Additionally, programmer log-on identification codes and passwords are taped on the wall in Data Processing, allowing accessibility to unauthorized personnel, Recommendation: Institute mandatory procedures for a more frequent and consistent change of passwords; for example, every 30 to 6U days. lcotect the confidentiality of programmer log-on identifications and passwords, by emphasizing to the programmers: 1) that any transaction executed using his r; password will be his responsibility, and 2) all log-on identifications and E passwords should be memorized. A library of all passwords should be controlled by the Data Processing Director in a protected computer file or under lock and key. Response: At present there are approximately 175 sign-ons and passwords, and to change all passwords on a 30- or 0-day baa a would be extrer.ely A me-consuming, costly and confusing; however, a new procedure has been instituted to change approximately 1/5 of the sign-ons and passwords each month$ thereby changing everyone's sign-on and password twice a year, At this time the sign-one and passwords are stored in a computer file that can only be accessed by the Director of Data Processing and key data processing statf members. Program Change Control Observations Unauthorized changes may be made to production programs. Program changes are seldom made because the majority of the software is purchased. However, programmers have unlimited access to the source code. A transaction/activity log is produced but not reviewed on a timely basis. Recowendations Review the transaction/activity log on a periodic basis to + determine that all programs and program change were authorized. Response: Currently all modifications to programs are initiated by a data processing programming request form that is signed by the Director or division manag<rs of the requesting department. These programming request forms are reviewed by the Director of Data Processing or the Senior Programmer Analysts, A more frequent review of the activity log is now occurring, but the continued direct involvement of the Senior Programmer/Analyst in I Deloitte, haskins 6 Sells Audit Report Page 12. modifications appears to be the most effective monitoring of programming changes. { I I!I Computer Room Access i Observation: The operations area is accessible to all Data Processing ferscnnel. The operations area has three entrances/exits. One doorway is secured by a combination lock, while the other two are secured by lock and key. All Data Processing personnel, including progra- ors, have knowledge of the combination. Access to the computer room shou be allowed only to i authorized operations personnel in order to prevent any tampering or E! accidental destruction of files and equipment. Response: While the current practice is to have the programming staff enter the computer room to retrieve their compilation listings and test reports, the f programmers uo not operate the computer and operations staff are prtsent during normal business hours when the programmers are in the computer room. The exception to this practice is when the programming staff is involved in major testing ac~ivities during time frames other than normal business hours, such as weekends. The restricting of the programming staff from the computer room would result in a lose of productivity for both the computer operations staff and the programming staff. Additionally, this restriction would increase the cost of testing in non-normal operating time by the amount of overtime pay required in having computer operators available during test sessions. Currently, funds have not been budgeted to cover this type of i overtime expense. APPLICATIONS Payroll Observation: One individual inputs the payroll data and reviews, balances and approves the batch transaction report. Recommsndatlons An individual independent of the payroll data input personnel should review, balance and approve the batch transaction report. Rem: Staff agrees that, in order to ensute proper controls, an individual independent of the data input personnel should review, balance and approve batch transaction reports. We have initiated a process where a i l I I 1' r a" i Deloitte, Haskins i Sells Audit Response Page 13. supervisor f the Accounting Division will verity batch totals on reports. Also, a supervisor will verify beginning and ending check sequence to Data Processing runs ano follow up on any discrepancies. i Access to Master Files observation: The Personnel and Payroll Department personnel have unlimited access to the Payroll/Personnel master file, allowing unauthorized individuals the capability to add, change or delete master file records. The Employee fi Information System ('EIS') extended security system is being approved for implementation in the near future to control access to authorized users. Currently, both Personnel and Payroll receive all transr.ctlon reports tc review each other's inputs, changes and deletions. j Responses The implementation of the extended security system is being l pursued. Under the current procedures, both the Personnel Department and-the Finance Department perform ilentical functions on active employees, depending on whether they are processing a new-hire or processing an employee who is already on the Payroll/Personnel system. As long as these similar functions are performed by both departments, then each department must continue to have the ability to inquire, update and correct the same data fields. The extended security system will in reality provide other user departments with inquiry capability to data fields that are not confidential and/or critical to secure and operate the Payroll/Personnel system. Currently, the procedure •)r gaining access to this system requires the approval of the Directs of Personnel prior to the Data Processing Department establishing a sign-on and password. i; i y ) 1, E. w Deloitte, haskins b Sells Audit Response Page ll. NUNiC1PAL COURT Court System Implementation ODaervatkons The new court system implementation has been signlticantly delayed due, in part, to lack of defined user cesponsibllity. The role of a user champion, with approprkato authority and responsibility, is a critical success factor for new system installations. this Situation has been compounded by extensive turnover of user personnel, Recommendations Each system installation should be guided ty a user steering committee with a chairperson assigned with the necessary auth s ity and defined responsibility for successful implementation. Reskonses This observation has been addressed in a report by staff to the City Council, As recommended in the report, an advisory committee has bees installed to guide the general direction of the Court, not only in automation, k but in all acease The acting Court Administrator has been given the authority and responsibility of implementation and operation of the system. Court System Automation Observations lies: City Is currently utilizing a manual syste for processing Court transactions. Recommendations Analyze automation of court functions, 'ehe city has existing software which was provided at n o cost by another Texas municipality. The City should ensure that the software meets identified user requirements. Sf so, the lrplementation of the automated system should proceed. Respons♦s The training of personnel on the Municipal Court automated system began several months ago, The system went on-line as of Januacy 15, 1986. Policies and Procedure Observations There ace no written policies ono procedure which define transaction processing, methodology, work flow, etc. Recommendations Develop a written Municipal COUrt policy end procedures manual. The manual should Incorporate the procedural changes which result from an automated system. Responses A written policy and procedures manual is in place and being utilized In the current operation. This manual will continually be updated, revised and Amenoed to adhere to the necessary changes brought on by an automated system. ;r Deloltto, Haskins i Sells Audit ReaP0111e page 15. 1 , Marcanta and parkin Tickets of warrants for misdemeanor traffic There is a backlog iont ....,vat ~d uncollected parking tickets. Develop a strategy to eliminate to the I the backlog Prior Recommendations hutoteated system 90,119 on-line. a backlog for misdemeanor trattieE~eCtive As of November 150 eliminated the Reaoen:ea ciPal Court area had been m,naneeu perso nel in the Tickets in the Nunie ctment ano hard work ticket will be presented to operation of the tt on uncollected packing Division. A repo Council on febcuacY 21 19b8' pa+ del Chen es personnel and organizational Observations Theca have been significant [ ~---n rourt area. review to develop an problems in the a high-level support conducting activities and ndations Consider combines required tactical in RLCom otcocture that n and a Era [un wof k the a City 1 bJOb desig organizational improved operations nvintoltOnAen r lm with P ! CC lone wit ratite ed the operational and adm lniat human resource issues should be review. otitY of the related , review on the mad 1 Judge's ompleted it the Clack's Res on:es perbos.r.al has c ana n tn• NuniciPaI Court Clack's area Municipal CMunicipaourt cision re9atdi within Positions F," in the Frocess of e ,that a final de ot area. They it is anticipated The implementation of 901 adhetes to tot position, w reak er Or Ayniir~ will be made within the next grovth that that n politic" the for sidelines of the City. administcat,veg the organization atrc~ i0 and will overall practical cps 71321 Ol/2g/bb 't Y 1 I ?r' ~I CITY OF DENTON CITY COUNCIL MINUTES February 9 The Council convened into the Work session at 7:00 P.M. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Gorton and Hopkins. I ABSENTo council member Boyd. 1. The Council considered approval of a resolution 1 approving an interlocal ambulance andhdeclaring ambulance Denton and Denton County for an effective date. The following resolution was considered: l l a RESOLUTION NO. R88-012 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMEFT ESITY ANFD DENTON AND AN DENTON COUNTY FOR AMBULANCE ERVIC EFFECTIVE DATE. Alexander motion, Gorton second to approve the resolution". On roll vote, McAdams "aye," Alexander "aye," Hopkins Marion Gorton "aye,,, Ayer "aye," and Mayor Stephens "aye." carr{.ed unanimously. 2. The Council received an update on the :andfill and solid waste alternatives. Lloyd Harrell, City Manager, stated that this item would be a comprehensive look at the landfill and solid waste In general. The item would be presented as (1) an overview, short range e discussion actions Ito when thee landfill was (used, lanand r(ang4) community decisions discussion with Council as how to proceed when the landfill was used. Bill Angelo, Director of Community Services, presented the j overview. Ho estimated that the useful whilife ch wasal8iyearsrless landfill was at approximately b year than the original estimate. He listed the reasons for the shorten life span of the landfill as (1) data problems and the method of calculation of the life (3}f a the landfill r than geological conditions of the site, much greate anticipated volume received at the landfill. He sited The problems facing the Council with the shortened life span, fir>> was how to retire the landfill debt. I It closed in 6 l years, there would be 11 years of payments Action was needed to pay the debt when the landfill closed. i 1 1 1 5 I City of Denton City Council Minutes 1 February 99 1988 page 2 of the a osal alternatives second problem would involve lisp The do in the future. reviewed the City - what to Solid Waste, determine Superintendent of used to wh i Charlie Watkins, the calculati Vie even. i rate structure' ofd the landfill. e discussed at the current site lif { the landfill to br ehe rate the remaining s a, closure o relative to needed to be scenarios debt. rates resented several of the landfill Vlatkins n meeting" the public 4 schedule and the retirement to Inform } Stephens suggested a town Mayor had planned on of suggested rates. that Mr. Watkins or Harrell replie customers City Manag ing with the greater volume ustomers to discuss personally meet volume at the rate schedules alternatives for reducing resented shredding and incinerati~e for ` Watkins P included baling, cost effective wou be landfiflthesec methods, however `tancydfor the landfill. None o of life exPe ros and cons limited extension resented p staff's the Citys drop box Julia Moore, Administraiternativest~E~ newspaper regarding recycling to in a volunta voluntary for City beautification were beg received suggestions money program and use the projects- regarding what to the Cm gh~l ssib:y close- Watkins presente~hen Lerthe ivelandfill Resource Recovery, in 1994 included (1) n bioconversion, 4) do resented a new Refueatderives fuel, (0e),ieLingysite and (6) Develop Refuse (5) Expand the Transfer, study site. o{ Utilities, presented a Bob Nelson, Executive Lirector for a waste to energy facility. included. (in t whicCity,s role to assess the disposal Angelo presennt ae committeecommendatands evaluate within 6.9 Council appoi services for Council solid waste increase providing with recommendation Z.?2, to alternat ves the landfill chargeoint of a rate needed r,.ise a midp increase dumpster and months, (2) earn duPat even n atr closure, '(4)s itn one y br a rate needed to ortam, even at closure and to drop box pr B (5) l oifrene a newspaper with the above the Council was to proceed Consensus of recommendat!o 3. I I, ti City of Denton City Council Minutes February 9, 1988 ! Page 3 NOTE: A copy of the staff report, "Solid Waste Alternatives for the City of Denton, Texas" is on file in the City Secretary's Office. Ayer motion, Alexander second to adjourn. Motion carried unanimously. With no further business, the meeting adjourned at 9:11 P.M. I , YOR I CITY OF DENTON, TEXAS f I! J N E"ALTERS CITY SECRETARY CITY OF DENTON, TEXAS 2860C f 1 I 1 1 ~ I I1 I! I 1 ~ 1 t 1 .r k y!1 ! 9 CITY OF DENTON CITY COUNCIL MINUTES February lb, 1988 1 The Council tion Board at 5:30 p.m. in the CiviliDefense ROOM.Park i and Recrea ~i Mayor Stephenst Mayor Pro Tem Mchdamsr COUNCIL PRESENT: Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. COUNCIL ABSENT: NONE PARK AND RECREATION ChairmanKirchoff! Members Anderson aOARD PRESENT: Gregory and Bell. PARK AND RECREATION Member Pilkey BOARD ABSENT: BEAUTIFICATION Jeanne Morrison k COMMITTEE MEMBERS: I and Recreation Board held of 1 The Council andhethe '~Park discussion regarding advertising in City Parks. resented Gary Kirchoff, Chairman-Park and Raecrection request r place ini City concerning advertising signs information background Carl Andersonp the maintenance Recreation a fBoard# stated that he was concerned w the signs. i Dalton Gregory, Park and Recreation Board, was concerned with vandalism and upkeep of the signs. Beautification Committf eallotat dadthatiser Joanne Morrison, Committee would not recommend a policy o Parks. ~ signs in City Council Member Ayer stated that if advertising were to be done in the parks, then the City vshould ariousdprograms.Ve heiadvert sing the proceeds to help support should not be done by individuals. Council Member Boyd suggested that it would be difficult to limit the subject matter of the signs. Council Member Ayer felt the present policy was a good policy and it should remain in effect. i i I !K I I N I City of Denton City Council Minutes February 18, 1988 Page 2 Consensus of the Council was to maintain the present policy. 6:00 p.m. Item 2. was moved ahead in the agenda order. II 2. The Council held a discussion regarding a preliminary I plat of the Sunmount Addition for the purpose of determining I whether to begin the annexation process. 1 Lloyd Harrell, City Manager, stated that a preliminary plat had 1111 been presented to the Planning Department and that staff would like direction from the Council on whether to begin the I annexation process. Cecile Carson, Urban Planner, stated that the property abutted j the City limits. The proposed use of the property was for an i asphalt batch plant. The area was a low intensity area and the proposed usage would not be consistent for the land use of the 1 area. Frank Robbins, Executive Director of Planning, stated that there was a land use incompatibility and intensity problems. There were 12 acres of land in the proposal and not all of it for the i would probably be used for building Some advantages usage were an increase in the tax base and the developers had agreed to help straighten Nall Road. Alternatives for the I Council to consider were. (1) annex the area as quickly as possible before the development was completed, (2) annex the property at a later date when the development was completed, and (3) not annex the area until utility services would be brought to the area. £taff was recommending Option (2) which would begin the annexation after development and then annex the property as a non-conforming use. Don Cross, Sunmount representative, stated that this would be a long term commitment. He felt they had done considerable research in the area and the site would be compatible for the type of development they were suggesting. The plant would be a new plant with no odor and would employ 20-25 people. They had agreed to SnFtall a security fence around the property, upgrade Nall Road to Hyw. 380 at their expense, and suggested viewing a similar site on Hyw. 114 as an example of the quality of building. He asked the Council to consider Option (2), City Manager Harrell reviewed the options for the Council's consideration: (1) begin the annexation process as quickly as possible, Sunmount would continue to plat, at the end of 90 days a determination would be done as to how far along development was for zonings (21 continue the plating process, annex later and consider the use as non-conformingi (3) annex much later or not at all. 1 City of Denton City Council Minutes February 18, 1988 Page 3 Consensus of the Council was to proceed with Option (2) - annex after development had begun. The Council returned to the regular agenda order. Ii 1. The Council received a report on the Texas Municipal Power Agency from Denton's TMPA Board members. Council Member Gorton left the meeting. Mayor Ray Stephens and Dr. Roland Vela presented the Council with an update on the Comanche Peak settlement. 1 Council Member Gorton returned to the meeting. 3. The Council held a discussion regarding alternative t ) proposals for perimeter street paving. Lloyd Harrell, City Manager, stated that staff had been reviewing alternatives to waive perimeter street paving without a substantial negative impact on the City. Cecile Carson, Urban Planner, presented various alternatives to the Council includinq qualifications for a short form use for plating, distance from the City limits, and distance from City services. I Consensus of the Council was to refer the item to the planning and Zoning Commission for a recommendation to be presented to the Council. 4. The Council was to review the 1988 Utility Department Planning Forecast. This Item was considered later in the meeting. 51 The Council was to hold a discussion regarding location and date for the Council-Manager goals and ',lens Update Seminar. This item was considered later in the meeting. S. The Council did not convene into the Executive Session. The Council then convened into the Regular Session at 7:00 p.m, j in the Council Chambers. PRESENTS Mayor Stephenst Mayor Pro Tem McAdamss Council Member9 Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENTt None t f ! City of Dentu City Council Minutes February 16, 1988 Page 4 The Mayor recognized a group of intP-national exchange students from Germany attending North Texas State University. 1. The Council considered approval 0°. the minutes of the regular session of January 191 1988 and the work session of January 23, 1988. Boyd motion, Hopkins second to approve the minutes as presented. Motion carried unanimously. 2. The Council considered approval of a resolution of appreciation for Jack W. Craig. The following resolution was considered; RESOLUTION IN APPRECIATION OF "JACK W. CRAIG" WHEREAS, Jack W. Craig is retiring after 10 years of dedicated service to the City of Denton since his employment on September 26, 19771 and WHEREAS, during his career with the City, Jack has consistently maintained an attitude of cooperation with and dedication to the stated goals of the Equipment Services Division of the City of Denton) and WHEREAS, Jack W. Craig has exhibited outstanding expert' dedicating much time and effort in assisting with the wo. of the Equipment Services Division and has shown great spirit in encouraging community involvement in the best interests of the citizens of Dentonll and WHEREAS, Jack W. Craig has always served above and beyond the mere efficient discharge of his duties and has responded to his duties in a loyal, trustworthy and extremely faithful manner, in a spirit of cooperation with his fellow employees, and in the beat interests of the citizens of the community) NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONt That the sincere and warm appreciation of the City Council be formally conveyed to Jack W. Craig in a permanent manner by spreading this Resolution upon the official minutes of the City Council and forwarding to him a true copy hereof. i f ~i It ~ 1 J 1 i { City of Denton City Council Minutes February 16, 1988 Page 5 i ?ASSF.D:AND APPROVED THIS 16th day of February, 1988. 1 ATTEST RAY STEPHENS, MAYOR S : 1 JENNIFER WALTERS CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY y Mayor Stephens read the proclamation and presented it to Jack Craig. McAdams motion, Alexander second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Jack W. Craig thanked the Council for the honor. 3. Public Hearings The Council considered a petition of Burke Engineering requesting approval of a planned development district and a detailed plan. The property was located at the northeast corner of Mingo and Cooper Creek roads and was described as a 6.580 acre tract in the Morreau Forest Survey, Abstract 417. If the detailed plan was approved, the following land uses would be permitted: 2.2 acres of General Retail and Office with 9,800 square feet - General Retail and 17,400 square feet - Office 4.4 acres of Attached Single Family with 6.8 units per acre. 2-i859. The Mayor opened the public hearing. Brian Burke, Burke Engineering, spoke in favor. He stated that there were quite a few industrial uses already in the area. The development was laid out in such a way as to be compatible with the surrounding a.ea. r e f a City of Denton City Council Minutes February 16, 1988 Page 6 Tam Jester, representing Safety Clean, spoke in opposition. He stated that Safety Clean was a 24 hour operation with bright lights on at night, trucks coming in and out 24 hours a day and shift workers coming and going from the plant 24 hours a day. j He was concerned with complaints from future neighbors who would not want that type of situation around their home and i perhaps later try to shut down the operation. The Mayor allowed B. Burke 5 minutes for rebuttal,. i Burke stated that there was a one to one and a half story difference in elevation between the two properties. The developers were already aware of Safety Clean. They were worki,:q for a transition in the area from industrial to residential. He felt that they were orientating the residential portion of the development away from the industrial uses to ';he south. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that this was a low intensity predominately residential area. Staff along with the developer tried to develop a community atmosphere and transition to residential property. The single family attached dwellings met the density requirements in the area. Staff had done quite a bit of research in response to the concerns from Safety Clean. The Council considered the following ordinance: NO. 88-031 f AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AS AMENDED, AND AS SAID MAP APPLIES TO 6.5 ACRES UP LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTIONS OF MINGO ROAD AND COOPER CREEK ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN} TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATIONI PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR SAID DISTRICT PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF1 AND PROVIDING FOR AN I' EFFECTIVE DATE. t i City of Denton City Council Minutes :ebruary 16, 1988 Page 7 Council Member Alexander stated that he felt Safety clean had acted very responsibly by pointing out very clearly fcr all parties concerned that they were there and this was an approved u.a and chat everyone around should be aware that .hey were there. Council Member Hopkins was concerned about future complaints about Safety Clean from future residents. r Mayor Pro Tem McAdams asked if there was it way the City could insure that any future residents would know about Safety Clean. City Manager Harrell stated that he would research the situation and report back to Cour.cil. He stated that the City would not be aware of an owner of a property that might close and purchase the property until after the fact. Debra Drayovitch, City Attorney, was not sure how the City would be able to keep track of property transactions so that potential owners would be aware of Safety Clean. rn roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "nay," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 6-1 vote. The Mayor recognized Troop 614 - Longhorn Council of the Boy Scouts who were working on their Citizenship Merit Badge. 4. Consent Agenda Council Member Gorton requested Item 4.B.1. be pulled for special consideration. Hopkins motion, Alexander second to approve the Consent Agenda with the exception of Item 4.8.1. Motion carried unanimously. i A. Bids and Purchase orders: 1. Bid 19763 - Police Radios 2. Bid 19816 - Refuse Containers 3. Bid 19825 - Towable Backhoe 4. Bid #9821 - Morse Street Paving S. P.O. 182674 - Johnston Pump Company - $27,600.00 Item 4.B.1o was considered. i I i City of Denton City Council Minutes February 16, 1988 Page 8 McAdams motion,:Alexander second to approve Item 4.B.1. Motion carried with a 6-1 vote with Gorton casting the "nay" vote. B. Plats and Replats 1 1. Consider approval of preliminary plat of the Mingo Industrial Tract Addition. 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: ~ i NO. 88-032 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A 1 CONTRACT FOR THE PURCHASE OF MATER,.ILS, EQUIPMENT, SUPPLIES OR SERVICES1 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREt AND PROVIDING FOR AN EFFECTIVE DATE. on roll Hopkins motion, McAdams second to adopt the ordinance. vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO. 88-033 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll voter McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye," Motion carried unanimously. C. The Council considered adoption of an ordinance providin; 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. I I City of Denton City Council Minutes February 16, 1988 Page 9 The following ordinance was considered: N0. 88-034 AN ORDINANCE PROVIDING FOR THE EXPENDITUREEQF FU PMENTNDS FOR EMERGENCY PURCHASES OF MATERIALS, UII SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS W EXEMPTING SUCH PURCHASES F OF STATE REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FORRAN EFFECTIVE DATE. Alexander motion, McAdams second to dot the Hopkins c °ayeO roll vone, McAdams "aye," BAlexander oyd Mayer" and Mayor Stephens Gorton aye, Ayec "aye," k "aye." Motion carried unanimously. I D. The Council considered adoption of an ordinance ing andndb undsdidescriptiont-l and todeclaring a an reffectivee dmet ates I (Z-1730) The following ordinance was considered: No. 88-035 AN ORDINANCE AMENDING ORDINANCE NO. 85-165 TO CORRECT AN ERROR IN THE METES AND BOUNDS DESCRIPTION; AND ` DECLARING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that this was a housekeeping measure to correct the legal description. Hopkins motion, McAdams second to adopt the ordina aye,"on roll vote, McAdams "aye," Alexander aye, " " "aye," Ayer "ayej" Boyd "aye," and Mayor Stephens aye. Motion carried unanimously. E. The Council considered adoption of an ordinance approving an agreement between the cities of Denton, Bryant Garland, Greenville and Texas New Mexico Company for the sale of power and energy. ` The following ordinance was considered: N0. 86-036 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF DENTON, BRYAN, GARLAND, GREENVILLL, AND TEXAS NEW 44 MEXICO COMPANY FOR THE SALE OF POWER AND ENERGYt AND F PROVIDING AN EFFECTIVE DATE. i I 1 1 t City of Denton City Council Minutes February 16, 1988 Page 10 's I Bob Nelson, Executive Director for Utilities, stated that this was a contract to sell excess capacity to Texas New Mexico. All of the other cities had approved the contract. t Alexander motion, McAdams second to adopt the ordinance. On i roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance accepting an amended proposal for life insurance for the City's 41 employees. The following ordinance was considered: NO. 88-037 AN ORDINANCE ACCEPTING AN AMENDED PROPOSAL FOR LIFE INSURANCE FOR THE CITY'S EMPLOYEES, AND PROVIDING AN EFFECTIVE DATE. Tom Klinck, Director of Personnel, stated that during the past year, the health r.id life insurance contracts had been rebid. As a result, the life insurance coverage for employees was increased to one times their salary at a significant savings from what was budgeted. After the program had been implemented, it was discovered that approximately 38 full-time and 10 part-time employees had their coverage decreased. As a result, staff was recommending increasing the coverage to a minimum of $150000 for all employees. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving an agreement with Municipal Administrative Services, Inc. for professional auditing services relative to the City's franchise agreement with Lone Star Gas Company and Sammons Communications. The following ordinance was considered: NO. 88-038 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MUNICIPAL ADMINISTRATIVE SERVICES, INC. FOR PROFESSIONAL AUDITING SERVICES RELATIVE TO THE CITY'S FRANCHISE AGREEMENTS WITH LONE STAR GAS COMPANY AND SAMMONS COMMUNICATIONS, AND PROVIDING AN EFFECTIVE DATE. .4 i w I City of Denton City Council Minutes February 16, 1988 Page 11 John McGrane, Executive Director of Finance, stated that this was a contract to audit both Sammons Communications and Lone Star Gas Company to determine if the City was receiving all of the franchise revenues it was entitled. Such an audit was recently completed with GTE and a substantial amount of money it was found not reported to the City of Denton. i Ayer motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton I "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance ` approving an agreement between the City of Denton and Freese S t Nichols for Lake Ray Roberts Water Treatment Plant and j approving the expenditure of funds therefor.[ The following ordinance was considered: NO. 88-039 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE a NICHOLS FOR LAKE RAY ROBERTS WATER TREATMENT PLANTI APPROVING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, presented the background information for choosing the engineering firm for the design phase of the water plant near Lake Ray Roberts. Hopkins motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 1. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Freese 6 Nichols for Lake Ray Roberts off-site water transmission facilities and approving the expenditure of funds therefor. The following ordinance was considered; NO. 88-040 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE & NICHOLS FOR LAKE RAY ROBERTS OFF-SITE WATER TRANSMISSION FACILITIESI APPROVING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. yl i I City of Denton City Council Minutes February 16, 1988 Page 12 i Bob Nelson, Executive Director of Utilities, stated that this contract was for the design phase for off-site water transmission facilities. Alexander motion, Hopkins second to adopt the ordinance. on roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. J. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with the Architectural Collective Inc. for professional architectural services relating to the expansion of the Animal Control Center and authorizing the expenditure of funds therefor. The following ordinance was considered: NO. 88-041 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ARCHITECTURAL COLLECTIVE INC. FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATING TO THE EXPANSION OF THE ANIMAL CONTROL CENTERS AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR] AND PROVIDING AN EFFECTIVE DATE. { Bill Angelo, Director of Community Services, stated that 5 proposals had been received relative to the expansion of the Animal Control Center. Those proposals were reviewed in terms of cost, the experience of the firm, the responsiveness of the firms and the past performances. The Committee was unanimous in recommending the award of the contract to Architectural Collective Inc. Hopkins motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and mayor Stephens "aye." Motion carried unanirously. fi. Resolutions A. The Council considered approval of a resolution to validate the purchase of certain real estate located at 3911 Morse Street, Denton, Texas by the Denton Central Appraisal District. i 4 i r f s. L I City of Denton city council minutes February 16, 1988 Page 13 l The following resolution was considered: RESOLUTION NO. R88-013 ` A RESOLUTION APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY BY THE DENTON CENTRAL APPRAISAL DISTRICTS AND r PROVIDING AN EFFECTIVE DATE. John McGrane, Executive Director of Finance, stated that the Central Appraisal District had purchased the building when there was no clear legislative directives on the matter. Since } that time, the legislation had changed and the District now I needed Council approval to purchase the property. i McAdams motion, Alexander second to approve the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. ' B. The Council considered approval of a resolution r.uthorizing the Police Department to use unmarked vehicles. The following resolution was considered: RESOLUTION NO. RBS-014 RES DEMENT TO USE UNMARKEDTVEHICLES1 AND NPROVIDINGLFOR ANPEFFECT VE DATE. Tom Shaw, Assistant Purchasing fieen# stated Councilefres lu i n was requesting authorization by t Department to operate the C.I.D. vehicles without then"exempt" license plates. Effective September It 1987r resolution from the Council needed to be on file before the plates could be issued. lexandpro e th" resolution, on McAdams motion, Hopkins second roll voter McAdams "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval Dena resolution approving an agreement between the City Denton Independent School District for a joint election. !I' The following resolution was considered: RESOLUTION NO. R88-015 1 71 r A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY DENT-~N AND THE ELECTIONIEANDNPROVIDING EAN EFFECTIVE DISTRICT A DATE. .l City of Denton City Council Minutes February 16, 1988 Page 14 McAdams motion, Hopkins second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to the Work Session item #4. 4. The Council reviewed the 1988 Utility Department j Planning Forecast. { Bob Nelson, Executive Director of Utilities, reviewed the Denton Municipal Utilities 1988 Planning Forecast. A copy of the Forecast in on file in the City Secretary's Office. 7. Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following items: A. The Chamber of Commerce would be holding a reception February 17 from 5:00 - 7:00 p.m. to welcome the Fire Chief and Police Chief. q B. Bids had been opened for the Martin Luther King f Recreation Center. Eight excellent competitive bids had been received. The low bidder was only $13,500 over the allocated budget and the difference was probably negotiable. C. Proposed Main Street Committee representatives had been submitted, Staff would like to formally approve those representatives at the next Council meeting. 8. As Council did not meet in Executive Session during the Work Session, no official action had been taken. 96 New Business The following items of New Business were suggested by Council Members for future agendas: A. Council members requested a work session items to discuss the need for additional legal council for dealing with the 71st session of the Texas Legislature. B. Council Member Boyd stated that Coretta Scott King would in in Denton April 14. He suggested a plaque commemorating the life of Martin Luther King be made for placement in the MLK park. He also suggested a plaque for Mrs. King, The unveiling could be made by Mrs. King on that date, He suggested that the Historic Landmark Committee draft and prepare the design for the plaques. j ,j City of Denton City Council Minutes February 16, 1988 Page 15 { V C. Council Member Hopkins requested a report regarding those instances in the City of Denton similar to the I one dealing with an ambulance company and the City of Dallas, in which the City puts up front money for a contract and the reasons for such a practice. 10 The Council convened into Executive session to discuss legal matters, real estate, personnel and board appointmEnts (hold a discussion regarding nominations for APPA voting delegates for the annual conference), I The following official action was taken; A. Boyd motion, Alexander second to nominate Roland Laney as voting delegate to tie APPA annual conference. Motion carried unanimously, 11, with no further business, Alexander motion, Gorton second to adjourn. Motion carried unanimously. The meeting was adjourned at 9:14 p.m. { RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS 1 JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS f j ~ j 2867C y ff { Yp .rM1ir I: ~t r 11111 44 1 t i t i I~ M1 i i TTT= s f t i ~y t I'M i t i I ~02 I ' E 17) 606-8307 MUNICIPAL BUILDINO / DENTON, TEXAS 76201 / TEtOE ce oNt (e City CfryolDEN7ON, TEXAS h. M E M 0 R A N L U M i l0: Mayor and Members of the City Council FROM: Jennifer Halters, City Secretary DATE: February 26, 1988 r ~ l SUBJECT: Additional information regarding Item 02 E ! received the attached letter from Zachary Tucker, Activities Coordinator, on February 17, 1988 requesting permission to solicit money from City streets. I contacted Mr. Tucker and informed him of the Council's desire to discontinue the Qractice of soliciting from City streets due to the high degree of potential liability for the City and the fact that State law rohibited soliciting in streets. 1 also tbed restricted to permission were granted, the students would lee the da lights. curb coffered the nto curbs the streets n to °carsnst stopped able ore i alternative sites to . bankkedrivecthroughthfacilities. He center parking lots and { stated [hat they were not interested in such sites and still wanted to request permission from the City Council, I informed him that that was his right but that I needed more information t than his letter gave such Es a date and the exact 1ocati they were considering. He stated he would provide me with that information. Several days later, 1 contacted Ann Tubbs, Panhellenic Advisor, She stated that she had not been regarding the situation. informed of the Council Is desire to discontinue the practice and would speak to the students regarding alternative sites. She later phoned me to say that the students had not changed ' their minds and still of wanted the need solicit from City s or additional information y; again informed her o regarding dates and a9l, ° 1988 and thateLori a Franzkerwouldtbe } f=, date was Saturday, April contacting me with locations. On February 23, 1988, Ms. Franike called to inform me that the t Eaglewand Avenues Cl, Loop 288 Band t1 35 and aAvenue LnandU135ersity, g S r., c Back-up Information Item 2 j February 26, 1988 Pape 2 Shculd the Council decide to grant permission, I requested a contact person who could be called if the students did not remain on the curbs and were in the streets soliciting money. Mr. Tucker informed me that he would assume that responsibility and that he could be reached at 382-0746 or 565-3807. 4enn wa erset ry 2670C i j 1 I : 3 , r 7 Ps J ~ i'v r T U NORTH TEXAS STATE UNIVERSITY February 12, 1988 Univer94 Union Jennifer Walters 215 East McKinney Denton, Texas 76201 Dear Jennifer: c This is a request to be placed on the city Council Agenda. The Greek System and North Texas State University would like to do their annual solicitation. i The enewSYMCAmfacilityihereoinoDenton. Thettwoostudentstwhocwillrbetrepre- sethe stinting the system at the Council meeting are Doug Gray and Lori Franzke. Thank you in advance for your help and support. Sincerely your Zachary Tucker ctivities Coordinator ZT:seb cc:Dr. Joe Stewart, Dean of Students Ann Tubbs, Panhellenic Advisor V off Kt_~ 1 P0. BOX 19705 OENTON. TfXA3 BER762019705 617565,2611 L ANATIONAL ASSOCATIONErOA CAMPUS ACTIVITIES S F i • I • f 1 1 j i I) 14 1 4-11il 1111F Id. ~i` R 1 r DATES 03/01/88 CITY COUNCIL REPORT FORMAT l t 1 TO: Mayor and Members of the City Council FROMS Lloyd V. Harrell, City Manager SUBJECT. Preliminary Plat of the Denton High School oNo.L2 Addition, A Lots 1, 2, and 3 Preliminary Plat of the Fire Station Addition, Lot 1, Block 1 RECOMMENDATIONS The Planning and Zoning Commission, at its meeting of February 24, 1988 recommended approval of the above preliminary plate. A, SUMMARYs BACKGROUND. PROGRAMS ,_DEPARTMENTS OR GROUPS AFFECTED: i FISCAL IMPACTS Respe ully epbmi t ds j f Lloy V. Harrell City Manager i % Prepared by: Elie h Evans Plan ng Administrator f Approved. ~ i F ank ob as r Ezecutiva Di ector for Planning and Development 1 J I i N r I ` I I I i f r I ! k i i V 3,8, i l C17Y COUNCIL AGENDA BACK UP SUMl,ARY SHEET ! MEETING DATE: Darch 1, 1988 ` SUBJECT: Preliminary Plat of the Chamberlain Addition, Lots 1-5, block A SUMMARY: This Is a 1.763 acre tract located north of Audra Lane and west of Oakshire and shown In the R. B. Longbottom Survey, Abstract 775, Denton, Texas. The property is zoned SF-7 and single family housing is anticipated. City services and facilities, including water, gas, sanitary sewer, telephone, electrical and solid waste, are available, f j The preliminary plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. I ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommended t approval of the preliminary plat at its meeting of February 24, 1988. ATTACHMENT: Reduced plat i F `I l h i i -S tvfif7 f37 W'Y '4 } b N y 1 ( t I wx ~ Ifo Ldl ~y GI ~ ~ y u T .r. y 4 s'aR{tf i • y \ LOT ~ 1 V1~ ~I~l~r ' ~ T 1 1 y 1' ` Lor Yr. r'.. r ...r. h►. A.r+O b~I.Aw - . rr~~e_.ir r. ~r~~. rw~~. NArr A 5 ® ~ • •r. r.w..r r.. r. ! ti' ~ ~ { . rr. wwlrr rn~r.r wrryr.. MUP r ~ p,... f..r S.~(Aryua a r ir♦ •rr rrrrr i iaioA Gwwetl AhA Cim bw*. 100 A.1r L" N 501 .1 do A,& oAril~un+. PkFLIMJNARY PLAT of Len/-5, 6LmAA G~ BURKE ENGINEERING )<Z> +Nics I GFI Meprg jo AD0111oti1 PA Ber hoe a ro~ , er i L7a! Aim a rM 411y / Co my dDNha, TLAAJ DENTON, TEXAS MOA 0171644-2714 , 1 i ~l A' 9 ti r i { I I Li-L-Li -E i r i 1 I LL LUX= I LIM= 1 V i r i 1 i r i r 3B.a- E f CI1T Ct,UNCIL AGENDA BACK UP SUMMARY SHEET MEETING DATE: N,arch 1, 1988 SUBJECT; Preliminary Plat of the Denton High School No. 2 Addition, Lots 1, 2, and 3 SUMMARY; This is a 74.64 acre tract located between East McKinney Street and mills Road east of Mayhill Road and shown in the Morreau Forrest Survey, Abstract 417, Denton, Texas. The property is in the Eli and annexation is , 0 anticipated. ' City services and facilities, including water, ' gas, sanitary sewer, telephone, electrical and solid waste, are in the area or available for extension. i { The preliminary plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. f ACTION REQUIRED; Approval of the preliminary plat E, and Zoning Commission recommended ; RECOMMENDATION: The Planning plat at its meeting approval of the preliminary of February 24, 1988. ATTACHMENT: Reduced plat r i F , f~ i Y. r hk~L i r f t f s Ste- /&?✓i' t..,, M'W ~e 141 i G la..rrcnv lb K.Stln wW.e^f'u..A r+It.+4..~ i9to.+ _ tW~ AtiW t/M1l1 Yt✓flll}l JV a..Y '1I rMV ~ 4KlDUIb ~./r,~• ~C r n n.:.~s✓u..o GSa.s ur..rY Yrr/Xwr w.+'r/.✓ I \ / w✓~.b..~LV 'I _a • i1.~F ! - ~ a'a.~t" u.ve.✓~ 2 } ~~~~~T ~/J, J Ft~7'~ I ® orn• _ ,fit 1~ II iY /T Y' DfNTON INDEPENDENT SCHOOL DISTRICT PAill r D NTON HIGH SCHOOL NO. 2 it' s + 4rMtlT ntf~r AT V%r / ~•i S orW'/f ttA 1✓17►C//l Abb~/ta•%"1G•/ / Iv1 •q[~'ta' %Y+cYY hVaK/.4.'xMao wM"~~•v M'_.. - 'f 1 / Rrt+•M I7 t.: rn MIL e'1•aP r ~ •tA F{. A~W (d ~ A RR }v ~xI Orr •t } ,o vorMY 1 In + ' 7 9840 A! OfnP[VwM ti rA . , f ~ ~ •~ii~r r~/Mf 791~i 4f Ale- 4 -k ot. amrAW 1 f \ / lo-r n+Mr. 1 _ - / " ocN roN Nrai ta+ooi ie / - - r~ • o / r - a.s aatnr z ' _ _ PAR iMINAPY vur ' " i DENTON I l i l I I I I I I 3 1~~ i Y f r tucua nul~rr rT~tr+t r•.rYr M.n ur r.r r til-..•1u ~ G- .t11 b, . 1 . 1_ V. i I r / a t i B LJ-LLLJL I i it t r I 1 i ` I i ,I r i s~ I ~ F 3,8, 3 E 11 1 CITY COUNCIL AGENDA e e BACK UP SUMjj SHEET `b MEETING DATE: March 1, 1988 SUBJECT: Preliminary Plat of the Fire Station Addition, h Lot 1, Block 1 SUMMARY: j This is a 1.7302 acre tract located on Windsor Drive and Bonnie Brae Street and shown in the R. Beaumont Survey, Abstract 31, Denton, Texas. The property is zoned Agricultural. { City services and facilities, including water, # ' pas, sanitary sewer, telephone, electrical and solid waste, are available. The ' preliminary plat conforms to the minimum requirements of the Denton Subdivision and Land E Development Regulations. IJt ACTION RtQUIRLD: Approval of the preliminary plat ? I RECONMENDATION: The Planning and Zoning Commission recommended approval of the preliminary plat at its meeting s of February 24, 1988. ATTACHMENT: Reduced plat : i 1 i J f 1 1 w 4. 5 y l t , o.u'4 :1K019+71 1+4 erole,lle. ri 81411 a tw,, . • Mal, 441 aletm, n1,'•' P. fit, 1f ulkm 1..440 Mt C u, t 1.11, 18114 1 •1 est Httaln I0. Uw1, I. I l .11 .t 1'nl al,.... I. 0. I'1wn.H4.r I'll I. n V AIflSfh'h£3'1+9 ~1.g1'EY a95TAar \AO Sri { S~II".a r.r•r 114 Ina in 0e 1, Ta \ 1 f to, 11, 14 4A• CU '11 e..ntr .1 gilt" 1 i..•, wl't .14'111 In1a Ilk. CI title r.nnld it deal Ii Ito. 1.1• 11 Pert.. 4ywr, -'-"it' '1 4n• Iduu 41 J. l.pr-q'/qr. Inle, 144.4 It he fllY f 1"I". 1ru1, Ylbtd 11 b IM 1111 day 11 JInYwY 1111, Ina 1 1.4 U "11 ..1111. 1} • C\yhro awl uml 11 took 1'd1 )#"1. I.tlt it 11 too 1It at • 11r [.n yi.•I y Y4 \ Mr.. A, •'r M+1,n, T+, u. LuJd 14 Ytl M, oil. L 1 4un11 .1 ."r" t•.nl we"', "1 W, " OY,* V t Y~~ AO RgULn4~L pulerluy 1"rrtN e At M1 Cy e.n [Gl t. 4.51, tp at 4 Ntu, Sao Nrn•I I. 4..11 Ina A 1-1 • 4 't jMjG,j \EI I 21D 70 ..l~.+rer4~n,.r•~ US., N u.A ar+ Ina n1 4 Yu 1Hl• II Ib4b. q, 161/ 401. \ fan, tICA+ut ar1n•r ar , Gold Im rtf , 4 1 the 1..14.1. alma H 4014 4. ha44"t or 1'... ~ 111d • •f Y\ I+A{ ld 6.01 111• the nH4.u1 eu nit 11 1611 .rl• 14rJ P h., pilot, at 11.44 1.11 a 1164 at 1.411 hl -ul__ It fY1K 1,1 4d1ttq .,40 II14 .1 1.14 lt.H. "HIM H 11.11 IH, 4 BLOCK aRE 1n. tM ,a Nr 1,ya4N 1'40 I ne Of We fillet, I "YIN L01 I I.. I d, 4alnil 1lof .a1 N Sao ,I f!1644.1,11.164 I ll 0 I IYU ,:40A:O s"'; - :N11. Ro1.11 ■ 4 41 CULT URA LdE TMKa 1 u•u•u' 1. IILH t1H .1', en. "It it" d d oAwe A \ 1.14 I.P., 1, 111uaI.11 Iw"t 141 "'Am n, • MKI l..N, P••ttM It I11.11 loot %N Villa tied 01 Al rJow, \ 1.11 0.H"Nlrr 111.1 111 1" earth M. 11 1414 r ratfs Y4o 1 bw..nl I'll,$ 111 4*014 11 III." 1,01 in tut IN Mt 5 I,T7C2 AORE! i t.1 /1.46.4 Kau IS F4 N molm will. a .1 H'to i `__Y_~ aa1M . lay.ul ILA!•64•+q 11.1 r1 t "w :I . hN N e Hn1 f.. MW Id IN rtr• h.11ne. eIl l/LII I NO ERUTMO SUIL 'NOS ON 417E l"1.r111• .I Ali mlet..r /'I'll 1{ HO MAJOR CNA'400 IN MPGGbUMY II~OPOREO "Mil I IL11'!!' or. 4MM foil rill laid hntullle of \ ` t 11116YIMI11 rW t poll. 1Au,, "I.% far 4189.40 10 1" wea It" n , 1. ,u.nl t wY, ,1I/ HI.1 1'IAI Ill 1$ al , .1 it 1m 1•, IIH 1.L.rLIIIH II 1111 YIM1.I 41140 00 1 141 N ~V'relb IIId A14"t tt'~ 2 IS f.Nr.lar 1.+4 , r[~~~V r•Mrs.WSl 1t,K1 Nara, 111.11 fart 1111 4411 HII Ill" l1 a to tile " 1 J1 R wen 4 1"16111" Hl/ 104011 tt HO L. I 21 .,,fin" f'~ a r. : 'p.. tr HI wT+►ewiirl~l.~Iw,~,~'},j•' YIf ~fl IH 4C,fI all IMI,rIm 140 4-1111114 14 111 a %Ill 0001 F" ` ~1rJffdlOd a •1 0014 11 re l.1 d..0. .end 114 dMlx IV 0: ~•'~4•' !1'Q nno aR1111• e aHd aw u. L•e.llan•.e-.e, 1.1.Iry d nit u.. .u l,,4h JVIf 1i D.01 111., II! ..r.. .f 11". Ill'" 2E M N64IIau. Isar 404 404 n Rau t401rN that slid I; s•-'-- „<°.a tuf a Nnu. I.N Iu.N 14 11 We Hu dluln.t1ne IN par Shro III• nI WIN, .1. t /11 koldo 14-NI a1111l11 M• 11 =y.1 ea1,f 10 la tM tiry a1 llu Nor, alrtlp f,uq .N r..r rwrr rwrrwrllr. rrQAr.rr.rrrr. J, Sir 0toll T ORAL r Jad M111y ddleltl 40 161 PW~If rat f 64.1 IN Hu,t/ / rrrrw1 rrllrr..... 1►ORIOUL .nl ..1H1A" III Ild /rl P4la 114 oulJSIf III. 1.19464 AEOf•YN I110 I IMf C/ff d IYlld LJR.4l~ 1 Dt lC rn J. a I to' 1` V 6 1.00 N' k4•a. nod 11 oil 11, 161 9W..0 .l hau'f l.hlld IN I" !40 uI1 + . row •n4 Kul, It 1640 /q NheeValw , 'rN Ill 4tl~ •M. -R~11~~~ loon It 4 to to a" pa IS art I. to No k N ; ~n .G ,1 ♦~1„ .n4 Iurga," Incr.-.y Ill artrtws Nrl to N 1115 Ww. awatd %Ie 1'14 NI IA, 5411.64 1n 4 l, rA ndJ. btlenl tMHM N/.tart It M 401,1110 rnarll abtd, • I {I 14' 04 ,aIIIY. Wiliam at 44041 14 JUN, 10 010111 Ill. M rl ' /•A\~V\•jl/1 TI f I' • ,q. ad 40'1 a 11 a tl" "1 MMJIII I.y1141.I111" :141100,21.1:1:31 a I.wI ; ,l P .r . unln t f A. M SAN 11"4 1 04 la4 1.11! . 11 Irwal/ N14p. 1,141104 M it, 11x1, "a 1111. I", 1 t11t ,n. 410•.11+10".44 Ill I ,",w.tl .r. 41 Ingo, ,1t Iy.roHwltl J I M~ s{J( N+nd 111Ab the f.u1J.l001 .1 the Puya l// rH.ll a Jn..n, 6.1441 7 • '1~ 4 'J ft a 141 vtwif 11,.1 it 40 '4a". ln1 I^a 1.61194 If'+ too .411.1 IWUC 1 n0.1•.1 .100.4 M 1-/ I, .1 'ISIS M Ill 4444, 1'•10 ❑a "11111. 1fat1 of Ntn1 ; 1 •1 1 r .l .d :r"tnr.1y1. :Lute /fat M111N1 M 4140,", u1i+.1, uwpt Y 44 Sit. rti l Map I::: SRAPHtC SCALE N Fi i, 1 wllnrl well!! aiw/ru I r i l # _ PRELIMINARY PLAT ' 207 W. -10110111 ITPEET - 41001, Dy ANOMA K DER,ON,,E112 T►201 f~,•r~ ► SURVEYORS.W. IlT)W2•4014 I` in AV r4roIr/bV~ W rho Orr OF 0£vrON _ 1?}l Ra W ■ aEVrVfJ cauvrr rEr/fs ,.y-.....,.r,..~~... g a.M ~4)'L11Jr1 02lli'.f.4 .4 ~Watt- r` E~ Ey>I.~ IVY II REVISED i 1 1 P' r F ~ i I 1 i ~II i i j -1 IL milli f ~ HH! 444+4 r For- S~ t a CITY COUNCIL REPORT FORMAT 1 T0: Mayor and Members of the City Council } FROM: Lloyd Y. [carrell, City Manager j SUBJECT: A i pproval of tax refund for Robert Hankins ' RECOMMENDATION: The tax department has determined that tax refund should be issued. SUMMARY: i Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Taxpayer, Robert Hankins has requested a refund in the amount of gg1 271.64 for a duplicate payment of tax account 0120-01000. BACH ROUND: f Mr. Hankins' mortgage company paid taxes from his escrow account on December 31, 1987 in the amount of $1,271.64. Mr. Hankins also paid these taxes on January 4, 1988. Tax records indicate payments of $$2 543.28 were received against a base of $1,271.64 and a refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The tax department and Robert Hankins. FISCAL IMPACT: $1,271.64 ~ i } RESPEC LLY SUBMITTED: t, i ~ a . a Y tr City , anager Prepared by: ame- nger nw o e Title- ax Clerk Approved: /j /&4," Name-Monte Mercer Title-Controller 2633C/3 :y v Stale Prop" Tar Board APPLICATION FOR TAX REFUND RotundApplluson VAij,1/12) t Collecting Office Name City of Denton Tax Office Collecting Tax For; Cit of Denton (Taxing nits) 215 E. McKinney Denton Texas 76201 f Address i City, State, Zip Code f In order to apply for a tax refund, the following Information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name; Robert H nkins ETAL Address: P.O. Box 977 Denton. Texas 76202 Telephcne Number (i1 additional Information is needed); (11171 . 387-8563 i IDENTIFICATION OF PROPERTY: Description of Property: Hann Addn, Block 1, Lots 8 & 9 i Address or Location of Property, 902 N. Locust E Account Number of Property: 0120-01000 or Tax Receipt Number. j + I INFORMATION ON PAYMENT OF TAXES: i Name of Taxing Unit Year for Amount of From Which Refund Which Refund Oats of the Amount of Tax Refund j Is Requested Is Requested Tax Payment Taxes Paid Requested 1. City of Dento*g 87 12-31/1987 $ 1,271.64 $ - 71.64 2, City of Dentog9 87 01-04~ 1986 $ 1,271.64 $ 3. _ 19 / 19 $ $ Taxpayer's reason for refund (attach supporting documentation); 0 1 cir1 aT (f>yl lln~ 4 a Lrr.,,4 j ~R•L{ Ar ~C17 1 'YAu , "I hereby apply for the refunJ of the above-described taxes and certify that the Information I have given on this form Is true and correct" Signature Date of Application for Tax Refund - - - - - - - - - - - - - - - - - - - - - ; j DETERMINATION FOR TAX REFUND: Approval _ Disapproval Signature of Authorized Officer Date j Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 Any person who makes a false entry upon thelorayoingrecord sholl be suti)ecttoonaofthe following penalties; 1. Impdaonmentof not more than 10 years nor less than 2 years and/or a One of not more than $5,000 or both such Ilea and imprisonment 2. confinement in loll for a term up to l year or a fine not toaxceed $2,000 or both such One and Imprisonment asset forth In soclion 37.10, Panel Coda. PVWq 30 COLLECTIONS i ;4 I' r` i I ROBERT HANKINS, 30`2 BOB POWERS a JOE FERCERSON P. O. BO% 977 367.3S63 DENTON, TEAS 76201 i 85.1 r~ f' 4F1414,i. -t9 z a\ 6 y PorYdei 0 ~ Dollars 0*0 woo nvonccmroMMLMW kccow ! V ~ s } 1 ~ i w d 8&1 7d f K1119-w444t-!'-"13093 Bn' 1+000011?L64r` 1 l t 1 , f h I UL-]E= pill] 1111111 IIIIIIIIIIIjif I'll r~ E i RI I Mill 11111-1-JLALA-JLARRI-1- HHH! no is HHHH 1 14111111111 1111111114 I I all W110111111 I III 1111 111111 w III fill i I N a i i CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of tax refund to Connell Dev. RECOMMENDATION: The tax department has determined that tax refund should be issued. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval rf the governing body of a taxing unit for refunds in excess of $500.00. Taxpayer, Connell Development is due a refund in the amount of $526.76 BACKGROUND rpayment of tax account 7519-00100. Connell Development paid taxes in the amount of $2,643.20 on the above account that was in the name of West Energy. There is an automatic t refund due on the account resulting from a DCAD supplement in the amount of $526.76. This mount should be refunded to Connell since they have + PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: proof of payment. Tax Department and Connell Development Company FISCAL IMPACT: f $526.76 1 RESPE LILLY SU i TED I ry + i ~ i r ~ loy . Iarre City Manager Prepared by: i aN me nnwoo e- Title Tax Clerk Approved: flame - TIon a ercer Title - Controller 2633C/3 ! Connell Development Company P.O. Box 541057 • Dallas, Texas 75354.1057 • (214) 3574894 February 121 1988 City of Denton Tax Office 215 E. McKinney Denton, Texas 76201 Attn: Ginger Dear Ginger: Enclosed is a copy of our cancelled check showing proof of payment of 1985 City taxes on account #'7519-00100. This property was purchased from West Energy on June 13, 1985. At that time this tract was 160 acres and in 1987 the Denton Central Appraisal District supplemented the acreage on the tract to 128.144 acres. Thus, we are due a refund of $526.76 for 1985 taxes. Also, enclosed is our check in the amount of $4.51 for 1984 and 1985 taxes on account #7522-00100, 3.09 acres. Please send the refund check and any future correspondence to j Connell Development Co., P.O. Box 541057, Dallas, Texas 75354-1057. Very truly yours, ? 1 Tarecia EVELOPMENT C A. Stegemo er LAS:dmk Enclosures i Office address: 10939 Shady Trail • Dallas, Texas 75220 i i t t. l I MAKE CHECKS PAYABLE TO, CITY OF DENTON TAX DE►ARTMi IT { I ACCOUNT NUMBER TAX YR. 'p 7814-CO1CC 85 NAME RE T tNER TAX DUE 2 E03►2C e PENALTY TOTAL 36016 I YOUR CANCELLt., CHECK , IS YOUR RECEIPT Sioryp awci"A PLEASE RETURN THIS STUB WITH PAYMENT I { it I II1 r 1 1 I , a: i , } 1985 SUPPLEMENT FROM: DENTON COUNTY APPRAISAL DISTRICT P0bOX 2816 DEN TON, TEXAS 76201 041NER:.j~~,jti it ADDRESS: 1~,~C',L__ ~C~~ t~►'~,!. ~ LG~ .~C.f_Cc~s i! lY, S LEGAL DESCRIPTION, AIL 11 1. to L ~LQ DISTRICT ACCOUNT: c r t Lc !7519 -0ol03 CORRECTED VALUE:__ ~Q, PREVIOUS VALUE: ~1 ~1 S C{ _ ASS' OR GAIN:_ 5;~1. ~C I ~So~~F•7~ ) I SIGNATURE a ' , f COMMENTS:_ (WLU _ CALff r L. lU Y~' . 11 4 RLQUESTtD BY:. L!Si~ 1985 Uos~ )l~<13 a~ t t y 5 t~ I 1 t ,Yr v L + 1 Yry, q. r ♦ ` (J' ~,a~iw.~ `-s~yC j1 ~,,.(<,Y 1.},•~ r~~{i'S.4r '~+~~i r1'aLn1 fs- l .Ai~Yr ~'Ca, 9# ilk !EGy}~i y ~y. rAr~, )1i'~l''7ry ,y,.^"Ccnro 'r\'r'j F1v,+<f!~'Y4wlri ~.hY S'~Cai# tj +S~fF'1V: c +1 1 E< 4 . F 1 , \ v it - t + ' r r r- t s+ .n i v r ' , kl +^nlFa`v..v L •'tv < a.~rs /r t 1~ ~ • 1 r v 7.. l.~ ti. J S„~ r.r / ~.f <n/45 t~rt~.y ' " t'Sy.{ ra+, d'+ P y y f p/L>r r ~r + y i t _ r rr R : ; . / 1: ~ tf 1 < '[i-~"' j•i ~.Y oft. i9~J~~,~i Jr i.~S~Y.'tiwY,~ . I•r1J ~ n.. W..K. M.(1..~--IJ.~L{.t-i~t/r...~w•~.Yr/11.'l,-.~.uV ~.a.rl'M;.r~-Y-Y.,.~I J::rI.I ~.-,J ._,ar~r.. u •...F/I.l+r~'J-ZI✓ S Tr L,r h t' 'CONNELL DEVELOPMENT COMPANY 10679 P. O. 60%201069 PH. 357-4694 C,N~tF y~ .N DALLAS. TEXAS 75220 May 30 ~9_8b wt' "'`7}tt, A"V'V y }Nl~l7`, f With. P, y.i1 PAY TO THE / . +G.,ry,}yry ar-"i+,`'1' City A etonoTaPDegar9menk 1 0 y 0 ORDE ROF 238` 40 r'T MS 1f~• r~. $-8, ~ C ~.~0 wt r l Y l..r 'i r r•r J, " \ 't.ij i~'~ A.. ,`fr p (~r~~/ -DOLLARS `siY,v.) il.. ly r~{j AI'. THISONECN IImvEAprNCONNECTICN WiMYME FOLLOWINO ACCOUNTS d ax cc, - es es ner i 4-U U18 4 890 -00021 8904-0 662 y M'010679n'®1 0006 141: 009 L54R410uE '00001123840E+ ~yy ; by IJ, ~M ~'r / ~i~J 3'T 3i~rrri ~ 1~ 1..~< ri Y ~ 4-.~i 1 i-~+.r j ~..ly cf 1r4"Y ~ >S• H. .t a i.S v"r~vv~ °.~-+i itv~L^a'S~1rrs~~~' •~r i~✓t"YyyN~rr"' 1~~A 1 t .Y° i 1 t`f ♦ T v ~ < e L } r ~ ' 5 { p"i ~y. 1 r ~r ~1 r ` '1i ! f ~ t. ' ^ x' } ( ~ !4•"R J~, jt'y ~~.~ir i/v~.~,,y~~~ ryZ Ilrl•`'l~a vv1♦ J*v i 1 rtl 1 r~~ t r, 1 , , ~rw i L S" a. [ 41 ~•:1 ! k i 1, ~'~fN1 v~'1.! H fw. 1'f Mr IN r~», ~ rirR+ \Iy~~s~,>; 1, ~~y~ ~ I ' A >s 1 k/ ri ' Jf J \''r • w / l _tiY > . f + i , ] i °f { 4L {s' t, y v 1 C y J~ .'y WIM g l f hr i`. ,M,r~ F}~x~,}Y ..Y ~ .,r~ Y.~ ♦ r + .r 1 .1~' ` l r FV ~....kr• . U +`bk J. +Z 4Lltiir 1 7. y,.. J t~})'• ( .''i5, JZ f 1 •.S F j l f'~..6~j G'. , .cra' Cy, , fi r r i r S n F,tib, 'f~ T f S~.b'.Y.7M1eSf. x Y y1.H Y y j ' r a aF t + ) i r\ ` r.J r i•4 j. 10 ~''J " _ s I S ` [i ~'^5rt• ^*f, J^~ ~j, l1'.~-~s~j ~,t ♦`y fS .Yia 1. r}T4i.'~ A-~~i-•,4 i[n [ .♦trt. ...l • ! _ • ..-i. n ''.n - ~ [ . ~ }n '•a r~ ni !i 9+ ~ qi ~r-''.5 \ ,tiy.3°~a+~.v. IVY ' 4S I ~ 'e'r`1t tN!' W ~k1M r ~~.,n~}t~r a '-fir f~ ~ 'l~,t` y~ r s• ~ ~ y~~H -y~~~1\`` ,r 4,;4.i25~'~i V 3r r~lri ~^ria[+•syyY,`Oa .r iY Mf~4 ht.`ly.t~ti ^t A'1yf~t.. i 1 e~iyti .y •w.+~ •t 'y,.~.u .'..,r+ r' • r ..,y -..s ;''t 1'r i w r , J ~7 r V ti y ~ r 1f~ L F ✓ tYaA 1. 1 , r ,Y rl, ij~C1'1"hfFl' w. rAfr.J ~t.ww c+ } : r r a +r`%\~` PzJ.Dp }r'kK.r°4 K;'vzl „z v ~ x s,W Y^2',~ -+Ib .t. r . s.;z [ t .w uc itiY Ty< ? v iAr7A- \ l 3 . Y v'. ♦ f' e y ~r' J S tS V ~ti, N. ji r ~l 1 ♦ 3 .`r} : i. f L r i•.I t ~ t , •~tY, .~1Ly~ ~r'~ S~v~,+..,5,y~i~/1 A. k .4 + [ r rte! ~J~ \ X °i[~ S Ml ? ~ ,.f~l ~1 r ' F r r r,. r 4 r ♦ l ff r • .A•vt . I E I~ I ill ~SJ'~;n•,l irJ~•~J~..~YS..,J.;' s4 i3 , , n, .~,Jr rY r• T r. er ,erFsi.Si?I[716( A~'L ~'t 'x1T'JleC;iLX~+ `,r V ^Y \ u ~-•~~~y f'r T'C4arF_r4;V~~ 7 ! >;.'l!'',y,. t.,i~,'/'M 21 t►t. M..tfr ..Jar d f^.~ F•Mtx'~,a'7^.~r.*7 +y { ` I n e li 7rri ' 1 ,fit J,•`-fy !~.'r- 1'+ y,rr + I iJ ♦ \ ♦ 1w,/;p ~S Ir. x + .li < f C ` f ♦ J J I - _ ff{ I r w r, r i ~ T a. 't 1 1 k ~ y 1. • Gy h' , t a I ~ ♦ a , 4 ' ` .,r l r#r~j+l'IF f'r~~J. `t ~ f- 4 1 ~r \ rn. J r' G i : ? ! •e. .r. - r S,~L ,I Yt .'J «~f+r y \il + { -~.J Jy~'.. ! 1< ♦ ~ J`' f ,r,r x'r~ix i i' I~ ~»'~u'.::ae:::.ue.:_.°..i.~r~...S~:1J._:4~~:da.Y:..fl"..+3..e.: k: ~.4✓+a:ia ^.ny.s4''Sa.. ti....~....... ti>.+.v f i.•iZ r, ..J ``lrJ~Y'T f r 1 f e. t YOUR TAXES ARE DUE OCTOBER City of Damon Tax Depvlmeol ' ~ - Xuon. r! Al 7028 .H s4 , l 1} °r J ' ` TAX STATEMENT lit AND BECOME DELINQUENT i , FEBRUARY 1st. SEE REVERSE Dret9eu lB7p1 b a + {as + ^-r'~FcJ'L tN' ''~,'•~/a *+Tly,4JI SIDE FOR PENALTY AND INTErl• 1EST DETAILS PHONE see-OM , • ` I ~i'I~ iyf +I°=' ` f , '~♦r' ,>y'u~t , ?i:` f 7. , 'yify r ,a. K~frx7 ,r,.ra,ra 1 .'t{,~, ayv3~ 7~-•,~, W:;TR k13'PROPERTY DESCRIPTION +.r i-:L?~"?. Y• e~' 76 r~~y r ii A1419A W MI, IIiLBVRN9 TRACT 19 A ACCOUNT NUMBER ^@'t TAXYR turvua CRIES 160.0009 1/3031-J 7519-00900 985 059 J~~ . k r, yr' 1f e 'a"•: 'o{f`' 't 'w,r'r,''atR+ LOCATION •-ASSESSED !,v. EXEMPT. -TAXABLEYALUE,•; 448.000 448.000 ~yi,' '}I SS h`e7 r Ip , f r 1. T`~o*'7'x:~ SURVEYOR '~:5`~?{`.r.,~,t".,.....iJ :sMKT. APPRAISED DUE 1 4489000 29643.20 , x t, n e ti e rJ i ' e J S .1 s t n '`;,s 'r i+`+.. \T10 ..^•k PENALTY .•1P'.Sh r"• i i ,t s t .4.4.. 900 % 000 wLir~=raw' } e xtCo f .^e as .'r f S~ c 1 AZS J« r"IY4i ~ f~ a• y Y u a'.'{?! `s. F"}`151~'a~'a3 TOTAL xi~"ri0lrc'41r4r; a ~j',{ ~,ti s•~ 9643020 ~rn~+ ~lo-r yc It 30f0 b J IL.. ,,LL -y1^- T et f•UY i Yr ~!'~J i i.% tti33• t ,y .Y.- 7t'JT'f'f1EFGy_I.~ 36616 P4..i_ 3~p , 3 s PKMY re , ` yt v\ ;}R r~ 3'.` L~~ ti v '`♦'7jf •T~ i)~~i [w~~G'~_(r~ aC 1~,r♦+'~~.„ 11 y. I w i f~ lk r/ ~r~ Y, LMi~i:~{•'h=j ~P..,~( • a1k ~i4~2rCY J. K fi Y rs +•i•.' ~rY Yr r i ,e..-~. r„ t. J1,+ ~hN(i.'F:~ eiY~lA~'t-T "G :'7F •.~~r>ro.\,,.•, ^"i .+l,+T",u•.Z -7 47' j,. r . ,,f4 a [ I '~.t rr+,~q,rpE ~.~iY Y♦ f•'11 !I ~~✓1 3 ~I r , , 7 i 1 • , ,a~ iJ~i u^a3«.~4{1X.4;. Qv q ~ r t ~l kr. , lT•S ~nl, i i Jt~!'..7 y ~4.. ! _~.~..,r'V y~~l4wea~ ST+_♦ i i l f r j r-, i r i 1 ~ 1 ~ i i f T CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of tax refund to Home Savings RECOMMENDATION: The tax department has determined that tax refund should be issued. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the i { governing body of the taxing unit for refunds in excess of $500.00. Tax- k payer Home Savings paying taxes for Leon Kimes has requested a refund of j! 971.91 for a duplicate payment of tax account 8905-01709. BACKGROUND: l 1987 taxes on the above account were paid by Rattikin 11tle on November )J 12, 1987 in the amount of $971.91. The same taxes were paid again on January 04, 1988 in the amount of $971.91. Our records indicate a total of $1,993.82 was paid against abase of $971.91. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The tax department, Leon Kimes and Home Savings FISCAL D1PACT: $971.91 d`, ~ RESPE ULLY SL' TTED• p all TloygV. Harrell Cit Manager Prepared by: j ~j ame- nger nwoo Title ax Clerk Approved: 1 amfire er Title- Controller 2633C/3 :J C' - r J, . t 4 v' Home Savings W "ER rwK } February 3rd, 19R8 i City of Denton Tax Department 215 East mainney Denton, Texas 76201 REt Ad Valorem City Taxes for 1987 Dear Siref This letter serves as a request for refund for an erroneous 'double payment" made to accccut number 899501709 in the name of Leon Kimes. no original payment for the taxes due on account number e90501709 was made by Rattikin Title Company in November 1987. The double payment to this same account eAs sent by orr Association, check number 6034, mailed in late December 1987. 1 rloa'ee forward a refund check in the amoint of $971.91 to the address given belows Home Savings i Loan Asso. P. 0. Box 15147 Austin, Texas 78761 Attentions Irene Vera Please feel free to contact me at (512) 4b3-5740 if you have any questions regarding this correspondence. f Vazy truly, Bona Vera Loan 6ervicing Department Austin Divbhn Austin Divislon Cemmnnlal Towers, Suite IDO Centennial Towers, Suite 300 505 Fast Humland SOS East Hundand Austin, Ttus 78752 Austin. Teas 78752 P.O. Box OW P.O. Box 15141 Austin. Teas 78161 Austin, Tau 78761 ,5111453 43 1512) 453-5740 Nome Office) Lufkin, Taus r N r - - 00603 • lie I Z/24197 ASS= 01400" Cl*3M AMMMT ~ !E [wsr BIKT1i1.'R Msn/, 7txws 7r*1 4 ESCROY PAYMENT Tf{` S(fJif~ f NINE BUNeREO SEVENTY-ONE ANO 9CY100 bOL1,At& • i ~r ' . D10 3456':4$ Q1-~~-~8.. ~OS6J CITY OF OENTON TAX,OFFICE M3W .cnawr 215 EAtT `NCKIMNEY lENTOIf,TI .76201-. ~000009TL90~ 000603w rLLL9LOB30r: 5=60460ml6r Li - . - r u l/'~, ~iA:.~nZ•~P's-i J~ s :'hiri .'~v s' rsa ..rR f r~ j,~ r _ ?g s~ ~ ~ S~ ~ r j i !~►:ja~ `~~'~~c'A~o.' ~'~f}~,~fi•i~~r~['~1~M'St~w~-T'',~c;?~OY`^9~113.t'~`~' 4~a15~~ L.~ X~ ~t'~~1''xi'~`i1'rD~•"iA~M1'L.i4..'S~rllel ~'~~.-e`.~•'3~' r a4~.!r .a •CYt.;I<•11~'~;~~`.}J~,,~•~'frN:,.f.~lo'.yi;dy'L'•;,1~¢. 4 J~, iT • r Olt. l s{ F .b ~ i ~ .t 1 t F i jp..', i~ Yr rry .j vs~ I 1 i)+. ~ r ; r ~R; . i r~Y;•S ~ + Y e~il~+, i t € ~'y~~L~~~•tFi•~~i.c~~`.~ AriF~J1~;9a7~-~~~/a~`~'!'~a'.'! ~~#3+•n~~~}} }^~.4R.~~a ~ ]{~.y~.4'f e~~a ..J r~j~•e~~`'x~~ ,~[v < '.y~ ~j i ' 1.4 ~1~, ~t'~,?~JFyT fC+•~•.pi fT• rfti•'.j•{?93.'~i~X~ i:~~l :"Y'it ~J ~~C i• ~.'1~ 4Y_ . 1 n .T Ilk tt ~ ~a•.'•'~,~' j~rl~~{>{'~~: ir'~S>~ar.73b~~a~f~~-vyr~i.~:cs~!G!`$~++}~1`. Xl Y.'~jDt7:4 i.~+.(3<.~ t l~'~raS'`•~,.#i +~,r~, rs ~ r .Y < q. r tr3f+3~`3i 'X~•'s:~"'+~!: retz#.v ~'7°'%a+YG+S+4%•'r;:rS~i R-`.t , I` Ik 1 1 ~ G q O/UpU~7 87 I+E:AL. L. S1 A ff.. E:U: V4N 133 l'AX F::l'i.Li:S NUMaR BYU5U1709 DT£;1''LAY UNLY 1F„ KIMESr LEON ALUM RT 2 UUX 627 )RESS: fY-8'i-Z1:F' QL-'N fflN fk7ea;?U 1. 111:46 1'AXAF,I,F VAI.I.iE':: A1.6:ir~~i;~.U(i 24t *1 llON }AL 1 A041/0 M4 FI:)RRESTv FRAI;T 1.L (G AL 2 E: FIT ) r ACHES 3r CNANGF:: 00/00/00 ;f:',U VA'_UE $163r9''Y3.00 I' EXEMP (00) 000 N4 CO COLE 00000 < $9/169:1 i i I. i ~ I 5t ; ~ j r, a S' i ti ,i t` ~I 11 F-JE111gli n i i 1 i 1 I I 7 I if f-f 1 11-H 11 v~ 1 4 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: Approval of tax refund for G. L. Mitchell RECOMMENDATION: Tax epartment has determined that tax refund should be issued. I SUMMARI Zlepter 31.11 of the Texas Property Tax Code requires the approval of tI,e governing body of the taxing unit for refunds in excess of $500.00. Taxpayer, G. L. Mitchell is due a refund of $974.14 for taxes paid on account 8907-00708. BACKGROUND: 'Z67-l,-77rftchell was billed and paid taxes in the amount of $974.14 i on the above account number. On February 1, 1988, we received notification from DCAD that this account was to be deleted because the property is not in the city limits and should not be taxed. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The ax epartment an r. tc e FISCAL IMPACT: $974.14 j f 4RESPEC LLY SUBMI TTED: rr ger I Prepared by: ` Name- nger nwoo e E Title ax Clerk Approved: Name-Monte Mercer Title-Controller . 2633C/3 i i I 7987 SUPPLEMENT j "1 r ,,c> > TO: I CENTRAL APPRAISAL DISTRICT FROM: DENTON P.O. BOX 28iS DENTON, TX 76202 OWNER: S S l FC h n C1 ;=1,~rn TX Lr_~ ADDRESS: CAS cS AC,C~Q~,~A C3►~n~_ i n l~ LEGAL DESCRIPTION. ~ N cv. ,007a G DISTRICT ACCOUNT: CORRECTED VALUB f f PREVIOUS VALUE: OR GAIN:__ SIGNATURE! I . ` { ~ COMdENTS - i j REQUESTED i d 'MAKE C DENTOpAyAelLE N TAX CEP A CIT RTMENT 'Y TA%YR. ACCOUMTNNMfJ~ 5987 8907-00709 mm MTTCHFN.. L TA%DUE 97• t• pCHALTY .0 TO A Y&A7AACEl~EO CN ECK IS YOUR RECEIPT Y PL&JE AETUAM THUS q STUB WITH PAYMENT R l 1: R f I .yeAd` II y~ . j Sj I ~ . 1 1 I I a i 1 J i t w r^ i S t 6 t b ti 1 L; r 1 FFFF i 7 N I i l0923L NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; I PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- 1 { ment, supplies or services in accordance with the procedures of { state law and City ordinances; and i WHEREAS, the City Manager or a designated employee has ! reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or ` 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 for !materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT 9828 1 GMC $33,174.00 9828 2 MOTOR TRUCK EQUIPMENT $4,815.00 9829 ALL LONE STAR PETERBILT $161.840.00 9830 ALL THE SPENCER COMPANY OF DALLAS 11 2900 4 9837 ALL BEN GRIFFIN TRACTOR $11,225.00 1 r ii i a I I I I } , P SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approve an accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided !f that the written contract is in accordance with tho terms, conditions, specifications, standards, quantities -ind specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV, That by the acceptance and approval of the above numbered tems of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and i:. accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this 1 day of March 1988. i i +,I ' RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: AR~I JENNIFER WALTER, CITY SECRET CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO i 1 l DATE: March 1988 CITY COUNCIL REPORT r w TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 1 9828 12 Yard Dump lsody r REC014tENDATf_Oil: We recommend this bid be awarded to the lowest bidder meeting r, specification for the truck cab/chassis and the body. (1) Truck chassis to summit white GMC in the amount of $33,174.00 (2) Dump d Body to Motor Truck Equipment in the amount of $4,815.00 Total bi 1 SUMMARY: This bid is `.or the purchase of a 12 yard dump truck to be assigned to the wator & sever field servica department, The truck will be a motor pool replacement of a smaller 6 yard truck. The larger improvetthekefficiency ofethepfieldnserviceseoperation. and in turn BACKGROUND. Tabulation Sheet - s PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Water and Sewer field Services and Motor Pool Operations. FISCAL IMPACT: This truck will be jointly funded by motor pool replacement funds account expenditure 0funds account 620-082-04710-9104 inatheY!amount 5swer capital of $26,727.00. Respectf y submitted: Lloyd Harrell City Manager } Pre aced by: Name: Tom 0. Shaw Title; Asst. Purchasing Agent Approved: 4ite1j, o n JM3rshs I 1Purchasing Agent C' E t . I t I t I t I t 1111 14AI1 1 AAAF,' I FDAIAIN I PRUC%NER i Ill! ; SDU1HNf51 ` "611 1 CHEYRnal I SbUG% ! MACH ! U11EA IIN IERNAIION AL i MHlIE Il6 illlf I7 YARD PUMP iRIIC% I t t 1 611C .....................I I I I EDUIfNENI I 1AUC% I FDPD I I OPENED 2J23JBB hll P.R. I I I I ! t I t AttDUNI 1 a21 IAI liil•411F 1 WON POOL 1 t I I I.............. ....1 I I . I 1.......................................... I ¢ t. I D1Y I IIEN DESCRIPTION I VENDOR 1 VfNDDA I VENDOR I VENDOR I VENDOR ! VENDOR t ..I I L - .............I_ ...........I.__. I I I I I I ( I I I I 3s,5a5,11 I I ND 1!P I 35,ii1.11 I 3!,121.11 s 33,U1.11 ` I. I 1 ! I"It ! I 1 I I t t ! 1,195.11 I 1,BSLN 1 I 7. I f ! P46Y ! 11411111 1,151.N I I 1 I I I 1 1 1 I I ! I I I t 1 DENIDN I I I DENION I DENION i DENION = 1 1 F.D.1. I I ' I I I 'l I I I 91.321 I 41-371 I 41171 I ~ I I OELIVERV IN PAYS 1 65-111 1 51 ` I I I I I I ~ 1 t I I ~ ~ ' ' 1 I I i 1 1 I t I I I I I I ! ! I I I I ; t I I I ~ I t ; 1 1 I I ! I 1 I . V I 111 1 1 9921 1 1 1 1 I MOTOR I 1EIAS I 1 I M I MANANEY I 11! 1111E 12 1 I YAAO DUMP MUCK I 1 TRUCK t RENNORTN I TRKK 1 IINTEkNAIIDMAL I OPENEI ...............1 t I 2111!88 2tN P.N. I EQUIPMENT I 1 I t I t p ACLOUNI 1 621.182-lI1f-9111 1 MJ10R . Oi r t 1 I r I ` I 1 t 1 f ITEM DESCRIPTION I. I 1 1 VENDOR VENDOR I VENDOR VE DDR I .......I........ "I......... 1 N••-_ I I .1 4 I' 1 1 TAUCY 11 1 No 11D I I t 1 I I Ji,111.11 I 2. 1 E I Noy I I I I r 1 I I,Bf5.11 I I 1,4r1.N ( 1 T95.11 I 1 I r I I I ~ r I I = 1 I 1'Q'B' I DENTON I I t 1 1 r I I DENiDN I 1 I DEUVEAY IN DAYS I 11 I 1 1 I I I I II I 91-121 I 1 = 1 I t 1 I 1 t I I I , I I I I I I 1 j I I `w' 1 I I r t 1 I I 1 I i i TI f II I ~ k. DATE: March 1, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 1 9829 Side Loading Refuse Trucks RECO111ENDATION: 4Qe recommend this bid be awarded to the lowest bidder meeting specifications Lone Star Peterbilt in the amount of $79,970.00 each,plus $950.00 each for the optional sidedoor. Price per truck $80,920.00. Total bid award $161,840.00. SUMMARY: This bid is for the purchase of two side loading residential Refuse Trucks. They are motor pool replacements for two units no longer economical to repair. The items bid are Peterbilt Truck Chassis with to AmRep Bodies. This combination has been used successfully by the City 1 of Los Angelos, California for several years. They have ordered 110 units ! which the Peterbilt Plant in Denton is currently producing. BACKCROUND: Tabulation Sheet PROGRAMS, DEPARTMEATS OR GROUPS AFFECTED: Residential Solid Waste Collection and Motor Pool operations. FISCAL IMPACT-' These units will be funded through a third party lease/ j purchase agreement. t Respectfu submitted: Lloyd Y. Harrell City Manager Prepared by: 1 Name-~ D. Shaw, Title: Asst. Purchasing Agent Approved: es J Marshal 1t1l: urchasing Agent ,t' 1 V i DID I 19829 1 1 1 1 1 1 1 LONE I LABRIE I LABRIE I LABRIE I LABRIE I LABAI1 1 I I STAR I EQUIPMENT I EQUIPMENT I EQUIPMENT EQUIPMENT I EDUjFMENT I I BII fITIE SIDE tDA01N6 REFUSE iRIICK 1 PEIERBILI 1 1 I I I 1 1 I OPENED ' 2!111 00 211 P.M + I 11 1 12 1 13 IALTERNATE 1 l IALTERNAIE 1 2 1 1 r I 1 1 A0001111t 1 ...._..__I 1 + I ..............•I........ 1 I I QTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I .......i...._....i ...............i............. I I + 1 1 I 1 1 I 1 1 1 1 I 1 1. t 2 1 NEFUSE TRUCK 1, BODY 1 291911-11 1 19479.11 1 91292.11 I 14 1 1 1 I I 1 I 1 ,611.11 I 72,510.11 I 19,111.11 1 1 1 1 I 1 i 1 1 I Optional Side Door 1 951.11 1 NC I NC I NC 1 1 I 1 I I 1 1 NC I NC I I t I I + 1 I I I I 1 I I t I Truck Manlichrer I Peterlill I mite I Inlersol I Intl I Intl I Intl I 1 1 I 1 1 I Rand I + I I 1 I 1 I 1 I body Manlacturer I AeRep I Labrle i Writ I Labr,e I labrla 1 labrls I I 1 1 I I r 1 1 1 1 1 I i + I I + I I ~ i-1 + Delivery In lays 1 135.145 1 91.121 1 !31.101 1 131.154 1 2 1 31 1 f 1 1 1 t I ~ 1 1 i ~ 1 1 1 ~ 1 1 Special Nolas 1 1 1 1 1 + I I I Seaa I Doe Not 1 1 1 I I 1 1 t I Unit 1 I I 1 I 1 I Meet Spec I 1 1 1 1 1 = 1 1 ! 1 = + 1 = ? 1 I I I I 1 I mI S I ~L l 1I, ; za w r DATES March 1, 1988 r I CITY COUNCIL REPORT TOt Mayor and Members of the city council Lloyd V. Harrell, City Manager FROM: I SUBJECTs BID 1 9830 Panel Furniture for Municipal Court plus to the low installation 4 RECOMAENDATIONt We fcvDallas for mnend this $b id 7b2 awarded The Spent Pant !fi 5580.OOrthe total l9This is with a delivery of 91 days after receipt of order or sooner. SUMMARY: This procedure is for the remodeling and upgrading of this off ce to better serve the public and take care of the record keeping. This has been reviewed previously by the council. BACKGROUND: Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFFECTEDt The Municipal Courtr Cashiers , ` o f ces. Th s w 11 create better efficienty and a more timely p ~k l of duties. t FISCAL IMPACTS 100-04-0026-9101 Municipal Court. Respectfu ly submitted: ' Lloyd Harrell ' City Manager Prepared byt John j . Marshall } TIT E: Purchasing Agent 5 Approved: r Et hn J. Marshall ITLEI Purchasing Agent i I E L 1lD 1 1 9831 ~ 1 1 I 1 DESK I THE SPENCER I ROYER I I IIa 1111E PANFI FURNITURE RUNIOIPAI tOURTSI INCORPORATED S COMPANY I 1 I I I I SCHUTIS 1 1 OPENED 2111188 2110 P.R. I I I I I ..................................................I I I I I A[COUNT 1 111-111.1126-9111 1. 1 I. I ,•,,,,,•_1 I I I I I I I I I I 1 I 8TY I ITEM DESCRIP110N f VENDOR 1 VENDW I 14ENDDA I VENDOR 1 ~.._.........i............~ I 't'_ s I I } I I s a 11 1 ALL I TOTAL 9511 FURNITUd PACKAGE 1 11,293.11 1 11,712.11 1 11,911.35 1 I 1 I I f I 1 } ' f 1 1 I I I i t I I INSTALLATION I 511.11 I 581.11 1 717.11 1 I I I I I I I I I 1 I I I I I a, I I TOTAL PACKAGE 1 Il,793.N 1 11,292.11 1 12,677.35 1 I 1 I I y •'i I 1 1 I I 1 I S 1 Ddirtry 10 Dayl 1 31.15 1 91 1 15 1 I ~ i I I I I I I a': I I I S I i S I I I I I I ! I I I 1 I I 1 1 t . •tu i I yY I Y 4 1 t I 41 111 l j' i Car.. F-7 k: DATE: March 1, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID $9837 Tractor and Implements REC041ENDATION: We recommend this bid be awarded to the lowest bidder meeting sppecification Ben Griffin Tractor in the total amount of $11,225.00 FOB Denton with delivery in 30 days. i SUMMARY: Bid 49837 is for the purchase of a 35 Horsepower Tractor and mis'ceTfaneous implements. This is a motor pool replacement for a 1 65 t Model Tractor, and will be assigned by Water Production Plant. The equipment will be used for maintenance and grounds keeping. BACKGROUND: Tabulation Sheet t PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Water Production Plant and Motor Pool Operations. } FISCAL IMPACT: This purchase will be jointly funded from motorpool i I rep acemen funds account number 720-040-0020-8707 in the amount of i I $3,534.00 and 1987/88 Budget Funds account number 620-081-0460-9104 Water Utility capital equipment in the amount of $7,691.00 Respectfti 1y submitted: 6 Lloyd (4. Harrell City Manager Prepared by., Name: Tom D. Shaw Title: Asst. Purchasing Agent Approved: ohn J. Marshall )7)B, ' Purchasing Agent 1 i 1 ry P x 1 i t I I 1 ~ I I10 1 1 9831 t ,I N.l. l D i 6 I BEN I t 111 ilitE 1RAC10R 1 fNPLERENIS I F'EIERSDN i TRACTOR i TRAC O I V DPENEp 2lI3188 2111 P. n. I I 1 f ........................I ~ I ACCOUNT 1 621 PB1 1481 9114 E MO1DR PDDI I L.._. I I I I 1 + t I I Div I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I L_......_.....1 i 1 ..............I.............. I I I { o, 1.........1 I 1 i I I 1 r,~ 1. S i I iARC14A S 4,686.11 i 9,395.14 i 11114.11 i I I 'r I i LOAFER I 2,339." I 21411.11 i 21209." i ~ I I I I I ROVER I 195111 1 195,11 1 604.11 I I I I I I KADE 1 295.11 1 532.10 t 4191" 1 I I I 1 I [ I I 1 I 1 1 ti TOTAL NO 1 131124." 1 13,122.11 1 11,225.11 1 1 i 1 1 t I 1 t I I 1 I 1 I I ~ I 1 I t I Delirwy Schedule I It DAY I 31 DAY 1 31 DAY i i e ..y ~ 1 I I 1 1 I I i I F.D.I. Denton I yes I yet I Vol 1 1 I 1 1 1 1 I I nenl+clurer I total* I Nessey 1 Ford 1 1 1 1 I Ferguson I I I I I I I I 1 I I 1 I r, p{ Y E t 0 i l L-L { I 1 i 0923E NO. 1 - i , 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 ..ATE. tt F WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an aaount 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 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, s 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 92231 ELI MEYERS PUMP SERVICES $11,900.00. E, _ a s S SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the i t s n } attached Purchase orders and to make payment therefor( being the purchases amounts therein stated, siich emergency such isions City from the requirements of acompetitivegbids. purchasesebyw v SECTION III. That this ordinance shall become effective imme ate y upon its passage a approval. PASSED AND APPROVED this the _ i day of _March., 1988. RAY STEP So MAYCR CITY OF DENTON, TEXAS ATTEST: k ER E , SEA 7 CITY OF DENTON, 'TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY a CITY OF DENTON, TEXAS $ 1 ' BY: j s I PAGE TWO I ~l y II i ' I DATE: March It 1988 CITY COUNCIL REPORT F Mayor and Members of the City Council T0: Lloyd v. Harrell, City Manager FROM: SUBJECT: PURCHASE ORDER P 82231 ELI MEYERS PUMP SERVICES We recommend this revised purchase order be approved in the RECOIRIENOAT IOK: Service. amount o 1 , 00.00 to Eli Meyers Pump ari SUMMARY: In the the Repair of RaweWater lpumpwIII rateLived ewi s ille Laken The pump service vendors for service company proposals were from Eli ~eMes p ers3-oo, and ~onODecembera7e 987er The pum ump4serv. We issued work the purchase order to Eli Y duct oneDeparfirst tmen'd~amountedhto $8,a500.00. found the repairs were morhee Wa esiv r eProthan wer at which was authorized by When a plece M equipment such as this 00. There fore thL total cost of repair is $11 900,0 Is being repaired and made ready for the, extended use during peak periods the necessary repair nerd` to be made at that time. BCKGROUKD: Purchase Order fl 82231 (gosh Original be Revised) Proposal, invoice Memorandum - Jerry Roush PROGRAMS DEPARTI'EKTS OR GROUPS AFFECTED: ;y The production of water for use by the City of Denton. FISCAL IMPACT- Account IJ 620-081-0460-8339 There is no eAditlonal impact on the General Fund. Respectf y submitted: j~ frr 1 Lloyd Harrell City Manager prepared by: i Jo J. arsh:aI[ C.P.M. tle. rchasing Agent ~ Approved] ohn, ohn arsal19 C.P.M. .P.MN 310. hasing Agent 1E I CITY OF DEN TON,,,3FXAs aa-3~ 901-BTEMSSTREEt ' PURCHASE ORDER DE TON, TX 76 1 z P. O. NUMBER DATEIVENDORNO. DOCUMENT TYI 12/u, Cup, R; 231 :4YF ^1 SHIPTO: VENDOR 'DATE'-' OPUDUCTtON ELI NYrPs PUMP 5Er?VICCS` Ci1NFlRMAT[Q:~ ONLY P. U7R 540 DD NOT nUPLTCATE DALLAS• TX 753 ••"+A-f+?42 ITEM AOCOUNTNUMBER UNITS NUMBER DESCRIPTION BIDNO. LINEAMOUl' l•Ari,I LIFT PU'aP At r! (,^.Q GRt '.1462} A7"4? t LOT RCPAIfr PAW 02 620 UAI 0460 A139 AT LEWlSVILLF, PUMP STATION i i i ~ F I ~ I i 7 t i t The CityotDenton, Texas Is tax exempt-House Bill No. 20. ?rr , rn~ ,.sn:_ Reference P.O. Number on all Bit. Shipments and Invoices. ^~~1 E Shipments an F. 0. B, City of Don ton, or as Indicated. By ISsmeRecelrad Date Voucher Number mount y R.R. Numl»r t 4 -t ,f CITY OF DENTON, TEXAS 901`B TEXAS STREET PURCHASE ORDER DENTON, TX 76201 P.O. NUMBER DATE/VENDOR NO. DOCUMENT TY, P2231 12/07/87 Cori MYFSZ001 VENDOR SHIP T0: ELI MYERS PUMP SERVICES ~I ~l~~ WATIRP PRODUCTION PeOe ftOX 540942 GON{~11' (tttllll~111~111jjjj"~{11 33 ~~RMATI~N CnNFfPNATION nNLY DALLAS. TX 71354-0942 { 1 Dn NOT DUPLICATE REVISED [BID/Rif. N 11115 - ITROEfrSTR7FT!SFTIES 7s3T-SE119T'T' ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUi` 31 620 081 0460 8339 1 LOT PEPAIR RAM LIFT PUMP 41 30400400 )2 610 081 0460 8339 AT LFMTSVILLF PUMP STATION )3 620 081 0460 8330 1 LOT ADDITIONAL MATERIAL &LASOR A0500e00 34 920 081 0460 8339 TO COMPLETE THr: RFPATR nF RAM )S 620 081 0460 8339 LIFT PUMP61 AT LFMTSVTLI.C PUMP A )6 620 481 0460 8339 STATION SFE ATTACHFO t e 1 , 4 ~ t y ` The City of Denton, Texas is tax exempt • House Bill No. 20. TOTAr Pon rood It r9V*%1" Reference P Number on all a BIL,Shipments and Invoices Shipments are re F.0,11. City of Denton, , or or as indicated. g Send Invoices TO: Direct Inquiries TO: City of Denton, Accounts Payable John J. Marshall, C.P.M. Purchasing Agent 215 E. McKinney Si,, Denton, TX 76201 Tom D, Shea C.P.M. Asst. Purchasing Agent (or is indicated on Purchase Ordar) 817/666.8311 D/FW Metro 287.0042 The City of Denton is in equal opportunity employer ;t ELI MYERS PUMP SALES & SERVICE CO. MAILING ADDRESS - P.O. BOX 20942 7858 MYRTLE SPRINGS DALLAS, TEXAS 75720 Semic410 NI Ma4n or TELEPHONE 382.3800 DapWs0lurble,Pumps December 1, 1987 City of Denton 213 Bast McKinney Street Denton, Texas 76201 %Jerry Rouch Water Treatment Plant Refs Raw Water Pump it Gentlemens Per your request we have visited pump station and observed pump I 1 in operation with an extreme wobble of the top shaft. We propose to removc motor, base and top 5 Ft. long section of column, tube and shaft that the motor shaft and tap intermediate shaft may be screwed together and inspected by dial indicator to determine if they are crooked or worn to extent they need to be replaced. We herewith quote for labor and equipment to perform this service, including material to replace this top intermediate shaft if ascestary, including the btonre tension beating, f Having replaced this bearing and shaft we will re-install this top joint and base and { motor, To-connect discharge and place unit bock on stream. Our quotation for the above, labor and material Is as fotlowsl Bove in, set up equipment b remove Motor, base 6 top Jnt. ti. 16 Hrs. 0 $ 60.00 per Hr. 960.00 Sae up 2 top shafts on rollers b cheek for straightness 103.00 Replace one worn or crooked top intermediate shaft b top tension tube- bearing and 2 - 2 3116" x 3 1/2 Eronce tube bearings 1,135.00 t Reinstall top joints base b motor 6 put unit back into operation 20 Hrsa Q 4 60.00 per Hr .200.00 { 9 36400,00 If it is decided to proceed to remove the entire pump we will proceed . { 0 S 60.00 per Hr. and furnish material oe buy out services at cost * 35%, Thank you for the chance to quote and we will appreciate the opportunity s to again serve you, Very Truty6 ELI MRS PUMF SALES b SERVICE BMtnxs ELI MYERS j i 4 J { 3 i N ` ELI MYERS PUMP SALES & SERVICE CO. M1 n MAILING ADDRESS - P•0. BOX 70742 26SB MYRTLE SPRINGS g.r„iu to all M.NB of DALLAS. TEXAS 75720 Deep W.II all Turbire Pump, TELEPHONE 742,38W City of 'Denton 2l5 East McKinney Denton, Texas 76201 Attn Jerry Rouch Water Treatment Plant RefI Raw Water Pump # l Centtemenf 3 Purpose of this writing is to make for you a written record of what was found and what was done to correct p•oblem on subject components of,Pump # 1. We remo"d Motor, Pump Base and Top Column per original purchase order and tested Motor Shaft and Top Intermediate Shaft on precision rollers with dial indicator, and found .045 • .060 run out at juncture of the two s'naft@. The bronze Top Tension Nipple and Bearing combination had been rebushed and the bushing had fallen out and down e the shat causing shaft wobble. inspectitnt was our nextteaction original blisterean further r dismantling seemed justified a the Metalized journal on the shafting journal. Furthermore the oversized re.b$tlt journals on these lineshaft also were found not i to be centered properly" with the bronze bearings, At this point you authorized us to remove the remaining portion of the column shaft c and tubing for full inspection. Having done so we found the strainer rusted out t and were able to inspect all shaft journals for defects. ~I Correction Measures Taken! The Strainer frame was strengthened and covered with V Mash # 8 Stainless Steel Wire professionals in this field. The Top Bowl Cas t ng was removed and Wear Ring ` ea gap measured at epproxlmetily .025 Cap which is within accepted tolerance. The bottom shaft next to Bbwl was replaced with a type 416 Stainless Steel Shaft 62" long vs 60" to raise the 12 upset journals to correct,positien with their corresponding imetilY 2" off center. We also made a standard bronze bearings rather than spprox M 2 1/16" ID Brnnze Bearing to run on this shaft. ` This deviatt6n- was caused by the Bowl Shaft being tdbshort when re assembled at a ` previous overhaul. I We replaced the journals on the top imtermediste shaft an! ground them to original 2 7116" O.D. and made both corresponding bearing accordingly. a I ' ELI MYERS PUMP SALES & SERVICE CO. MAILING ADDRESS - P.OBOX, 20947 2659 MYRTLE SPRINGS DALLAS. TEXAS 75220 Servicf IO all .kN of TELEPHONE 352 3600 Deep yt all M Ma "of Page 2 We also made a new and longer 2 3116" x 83" long motor shaft to eliminate need of coup orL ina!l motor shaftrwasutooishort duet to thelmiing the bowlhre-assembly atg• a previous overhaul. thicktheIstest aThiscshouldtprolongtthe life of theetlow op the bearing in the tension nut. We furthermore replaced 12 • 2 3/1614 lineshaft couplings. The original couplings were too loose on the shafts when the pump was installed in 1467 and to my belief caused a vibration that now seems to be corrected. r We also refaced both ends of 7 • 4" Oil Tubes found with scars on the faces. Enclosed is our invoice for Services 6 Material. This invoice is intended to reflect original trade to remove motor and base and top shaft and replace top inter- column r tension intermediate bearing a which shaft was a worn ~i, modiste check out top We rebuilt anottsr shaft with a blister on same and Metalised 2 journals on same for use at this post,tione Invoice therefore will reflect 2 additional shafts including the 8311 Hotorshafts Thank you for the opportunity to again set" youe t very Truly, ELl MYERS EMT SALES 6 SERVICE i i I 6H~mR ELI MYERS ti~ i INVOICE ELI MYERS PUMP SALES & SERVICE CO. t MAILINOAODRESS - P.O.SO% 2097 2W MYRTLE SPRINGS DALLAS, TEXAS 79320 ! 363.3600 INVOICE NO. 10815 City of Denton INVOH'.E DATA asauaTy 30, 1488_ 213 East McKinney 8223L Benton, Texas 76201 CUSTOMER'S ORDER NO. SHIPPED TO L J DATE SHIPPED VIA TERMS for Repairs to Raw Hater Pump 0 1 per our quotation Of Dac. 1,'87 and your purchase j order of 12/71167 to remove motor, base 3 top column for inspection of Motor Shaft " and Top Intermediate Shaft on Rollers with precision instruments. To replace top Intermediate Shaft 6 Top Tension Hippie Bearing Combination. 2 3/16 x 3 4" !/oats Tube saarings. Labor to reinstall top iotot, base and Motor 6 put unit back Into operation W Par Original Contract - 3,400.00 The above represents approxissittly 7 Days jobeite labor of 16 total not inclu- sive of Machine Shop supervision. for It Days or parts of days to remove balance of pump components, to have others rebuild the strainer, eanufactu-s 12 shaft couptinos end l lineshaft and one steal plate f►om proper mete+ials. i To Metalite 2 - 6" long journals one one of your shafts to replace defective work done on last overhaul. ; To furnish a new guide bearing on the topshaft below motor. To Reface ends of S . 4" enclosing tubes, to Sand-Blast outside surface of 12 • 411 enclosing tubes. i To coat 12 - 411 enclosing tubes with epoxy coal tar enaroele j To furnish Material 6 Make 12 - 1/16" Oaskete for 1611 bolted col•=xn b 1 dischatge flange. i J To Machine special 'IC' Ring groove 3 make copper gasket for top tension out flange. i i INVOICE ELI MYERS PUMP SALES & SERVICE CO. MAILING ADDRESS - R.O.aOX 2092 2668 MYRTLE SPA I NOS DALLAS, TEXAS 16220 262-31!00 INVOICE NO. INVOICE DATA City of Denton Page 2 CUSTOMER'S, ORDISR NO. SHIPPED TO 1 J DATE eKIPPED VIA l~ TERM3- Balance Brought rorwa-d S 39400.00 To furnish 1 - 2 3116" x 83" Long precision stressproff shaft and thread and Kayseat for mw and longer motor shaft to replace your 80" long shaft. 1 a , Material to plomb and shin and grout unit. s Total Material and Machine shop labor to fabricate Miscellaneous components above. 4 31220.00 Labor and Equipment 11 days or parts of days, extra to original contract$ t 88 Bre. 0 $60.00 per Hr............ $ !•280.00 a Total ........................5 11,900.00 s i i j CITY of DENTON DENTON, TEXAS 76201 14 EMO~ AN~IJM T0: Dave Ram, Director of Water /Wastewater Utilities FROM: Jerry Roush, Water Production Superintendent DATE: January 29, 1988 SUBJECT: Repair of Raw Lift Pump fl at Lewisville Pump Station t The City contracted with Eli Myers Pump Services to repair the extreme wobble in the Raw Pump 01, I had hoped that the problem could have been repaired within the first 5-foot section at a coat of 036400.00. See the attached Proposal from Eli Myers Pump Services and the Purchase Requisition with my notation at the bottom, which reads: "We may encounter other problems after we have removed the first five-foot section. This can only be confirmed at that time. There is the possibility that we might have to remove the entire pump and do extensive repair work." ; i Upon removal of the first 5-foot section, it was discovered that a bush- ing had failed and had damaged the first line shaft bushing. Consequently, I authorised Mr. Myers to poll the next 5-foot section. The next line shaft journal was also damaged, and at that time, t authorized Mr. Myers to pull the entire pump and make the necessary repairs, after consulting with me. The problem encountered and repair work is noted in Mr. Myers' memo. The extra costs are: material - 0 31220.00 labor - 5 280 4 { 8,500.00 original cost 3,400.00 TOTAL 011,400.00 P. O. 182231 needs to be increased to this amount. Jerry Rous Water Prod ction Superintendent JR:ss V Attachments h i I I Rill 6 rrTTTTT-T III 5 i 1 ~ f i 1 1 j 1 i T y 0923L~. t NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. x WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construct ol public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 9822 R.C. SMALL do COMPANY $1.324,000.00 I I SECTION 11. That the acceptance and approval of the above competitive s shall not constitute a contract between the City and the person submitting the bid for construction of such 1 :r i R public works or Improvements herein accepted and approved, until such person shall comply with all requirements specified in the contract oa didfurnishingu of gperformanceyand epayment obonds,wrafter notifi,.ation of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute a necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specificattons, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive s and the execution of contracts for the public works and improvements as authorized herein, the City Council such of funds in the manner and in specified expenditure an amount authorizes the hereby i contracts executed pursuant thereto. SECTION Y. That this ordinance shall become effective imme'd'faieIy upon its passage and approval. PASSED AND APPROVED this the _ I day of MARCH ~ 1988 RAY , CITY OF DENTON, TEXAS ~ t ATTEST: i CITY 0 DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1 PAGE TWO 6 DATE: March 1, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID/ 9822 MARTIN LUTHER KING, JR. 1 RECREATION CENTER 1 RECOMMENDATION: We rerecommend this bid be awarded to the low bidder R.C. Small anon - Company o Dallas for the let total of $1,32,-^0.00 with a completion time of 240 days. SUMMARY: This bid created a lot of activity with some 62 plans being picked up by general and sub-contractors. We had nine general contractors to qualify and received eight bids as shown on the tabulation sheet. The above recommendation was arrived at by first evaluating the low bidder with a through in%astigatlon of his past j performances. Several of his projects have been In the Denton County area. We then calculated the low bidder after deducting the alternate bids 62 and #5 to bring the total down to the funds available for the project. Item #2 Is to deduct ~(.ncrete paving for drives and parking lots. This would cause the drives and parking lots to be asphalt. Item SS is to deduct brick pavers at exterior walks. These deductions did not change &e low bidders In any way. BACKGROUND: Tabulation Sheet Memorandum :u PROGRAMS: DEPARTMIEATS OR GROUPS AFFECTED: Approval will mean the long awaited construction of the Martin Luther King, Jr. Recreation Center. 3 FISCAL IMPACT: There will be no additional Impact on the General Fund. The funds are available by other sources. b Re'spectfu submitteed:: Lloyd Y. Merrell 1 City :Manager , ~ i Prepared by: N o in J. Marshall, .Mi. j ~11 e: Purchasing Agent Approved: : r e n Marshall, C.P.M. !1!7 urchasing Agent ,r r I V t l Iit{ I I I I I I I I I i + DID 1 1 9827 1 16 1 13 1 ID 1 II I N I 14 S 12 1 15 i ! 1 k I 1 I I 1 S I 1 DID TITLE MARTIN LUTHER KINB, 2R. REC CNIRI STEELE I KAS I R.D. MARTIN I R.C. SMALL I MISSION I CON-REAL I KORKHAAS I RIDBEMDNT I I FREEMAN I I I I I l I I 1 I I I ` OPENED 2116118 2111 P.M. i 1 = S I 1 I I t ~ ACCDUNI 1 CAPITAL IMPRDVEMENI FUNDS I i I I..............I ..............I•.............1 l 1 I I I 1 I I 1 I I ITV I ITEM DESEASPI14N I VENDOR I VENDOR I VENDOR I VEN'IOR I VENDOR 1 VENDOR I VENDOR I VENDDI I I I I I 1.............. 1--•--•-....._.1 li ~ I I I I I I I I S S I I 1 i I I j 1. I I PART I t 133,415.11 4 9818".11 I 112,314.11 1 111,011.01 ; 119,411.01 ; 115,921.11 1 931NLN 1 15511".11 1 . I t I I I I { S I I I I I I 1 1 I j S 1 PART 11 1 11291,195." 1 1,24112".11 1 11171,611." 1 1123I1NI.N 1 1,321,511.11 1 11214,111." 1 112541111.N 1 1,1559III.N ~ I 1 1 I I S I 1 1OTALi PART I I PART it 1 1,424,111,11 1 1,389,111.11 1 1,383,11LN 1 11331,111.11 1 1,441,911.11 1 11319,931.11 1 1,347,011.11 1 1,01,N1.N t i 1 I I ALIERNATES I I I I t I I I 1 1 1 11 ) 1133,915.1111 19918".1111 1112,319."11 1 194,511.")1 1115,921.1111 193,"I,11)1 1155,1".1111 1 I 12 1 (1,2".11)1 (4,291.11)I 91,831.11 1 ISI,I".Ill1 1 12,101.101 (2,711.11)1 16,111.")1 1 t 13 1 1111"1."11 112,971.")1 12"."11 111,9".1111 SILK 1 12".")1 111,411,11)1 141.11 I I 1 I4 1 1515,1111 1611.1/11 1585.1111 (610.11)1 16".10t (585.1111 NO CHARDS 1 1510.1111 " I 1 15 1 1811.")1 17,151,"11 15,751,")I 43,1".11)I (S,7N.N)1 14",1111 (9,711.1111 13,90.011 S t I I TOW ALTERNATE112115 1 (9,1",14)1 (11,351,1411 93,136.11 1 114,1".11)1 114,711.111)1 12,411.111, 11,419,"); 141N1A1)1 1 1 I I I I I S t I I I I I TOTAL 1 1,415,"1.11 11,377,651,11 1 11476,136." 1 1,3241"1.11 1 11426,211.11 1 11k71131.is 11,319,611.11 1 1140111N.of ~ t I 1 I I I I I 1 - I I S S I I I I I I = T I 1 117s Le Coplete Project 1 311 1 311 1 241 1 241 1 3" 1 361 1 331 1 295 1 1 I I 1 I S t I I 1 1 1 1 I I I I 1 I i t I I I I 1 ) I I I 1 1 d Y I WCft9 CITY of DENTON, TEXAS Civic Center/ 321 F. McKinney/ Denton, TX 7820 s 1 i M _E M O R A N D U M Y ki T0: John Marshall, Purchasing Agent i FROM: Steve Brinkman, Director, Parks and Recreation W TE: Pebruary 24, 1988 SUBJECT: Bids for Martin Luther King, Jr. Center i asef llowscreat on The centeroare $1,324,500. These construct s $1,200,000 CIP Bonds y 100,000 CDBG 12,000 Utility Loan 12,500 Private Donations Small & Associates, ; We would like to recommend the bid of R. C. which was the low bid, to construct the new reccreattian cent rbwith , deductions 02 and t5. These deductions bring the o bid the allotted amount of funds of $1,324,500. Gary Juren has done an eaboveivaveragegrproducteCasanwellelasthbe this firm can give would like Council to I responsive to our needs. if possible, we approve this at their March 1, 1988 meeting. Construction time for the facility will be 240 days. _x Steve Br n man j MEM02213 ~4dal cdio+artr~ ~/►G1zu~ j S17) so@.8870 ' y Denton Parka and ftCreat/on / Denton, T*X/o r" R a ARY J U RE N G 1 R C H 1 T E C T S & C Q February 23, 1988 1 Mr. Steve Brinkman, Director Parks and Recreation Department 321 East McKinney Denton, Texas 76201 Re: Martin Luther King, Jr. Recreation Center Denton, Texas Y Dear Steve: ' Enclosed please find my notes from my extensive background check on R. C. Small 6 Associates, Inc, i feel like they are the qualified low bid on this project and would recommend the award of the contract to this low bidder. 2 would also recommend that alternates number 2 and 5 be deleted, Call me if there are any questions, Sincerely, Clary L. Juren, Project Architect for Joint Venture f 4 GLJ: jh Enclosure i i f THE OINNEY 01 OING 2,22 EAST 4AINSEY OUTE 2H • UENTWN. TEWs 76201 • S17 56PWO y 1 f f f I i o. s i i S j 1 t i r. j 14 1 44 4-' I 4 Y l I 0923L~ r NO. t AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE r AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 1 WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the constructionR public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 9810 WESTGATE HILL NORTH I Participation $17,391.54 j F kk l SECTION II. That the acceptance and approval of the above compel t- -rVe -M i shall not constitute a contract between the City and the person submitting the bid for construction of such i N r public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid, a ` SECTION III. That the City Manager is hereby authorized to r` execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council `E ` hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective imme ate y upon its passage and approval. r PASSED AND APPROVED this the 1 day of MARCH 1989. CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS k BY: PAGE TWO Mow T i tj I` f Date: March 1988 CITY COUNCIL REPORT ~i i TO: Mayor and Members of the City Council FROMi Lloyd V. Harrell, City Manager I SUBJECT: BID t 9810 Westgate Hill North I RECOMMENDATION: We recommend this street participation bid be approved, using the low item bid from the receipt of eleven bidders, for the amount of $17,391.54, SUMMARY: This is for the participation with Jesse Coffey, through Metroplex Engineering, for Payne Drive. I have detailed the items and their cost as per attached. This is a bid by the developers advertised and received by the City of Denton as per our participation procedure. This is only approving the bid expenditures. BACKGROUND: Take off participation quantities as presented by Tim Fisher at Metroplex Engineering and approved by David Solman of our Engineering t Department. I then calculated the totals as shown on a memo to Mr. Jesse Coffey, also enclosed is a Tabulation Sheet with the low cost indicated. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: j Street Department Bond Fund. i { FISCAL IMPACT: There is no additional impact on the General Fund. e, it Respe ully submitted: Lloyd V. Harrell City Manager 1 Prepared by: I v Me: ohn J. Marshall Titlei Purchasing Agent Approved me: J n J. Marshall ow, Title: urchasing Agent I f 1 1 I I 4 I i 1 : T CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 I 11 MEMORANDUM I ` DATE: FEBRUARY 23, 1988 TO: Jesse Coffey 614 First State Bank Building, Denton, TX 76201 FROM: John J. Marshal:, C.P.M. Purchasing Agent t SUBJECT: WESTGATE HILLS NORTH PHASI-' I STREET PARTICIPATION 7 1. Bid f 9910 2. P.O. f 83223 t 3. Account ! Street Department Bond Fund 4. Approved by Council 5. Cost of City Participation as per Bid 4 Six Inch Lime Stalilization 947.2 SY X $1.12 = $1,068.86 A Hydrated Lime I8 TN 8.3 TN X 70.00 31037.50 Type D HMAC Asphalt If" 726.8 SY X 2.20 - 1,399.96 Type D HMAC Asphalt 41" 726.8 SY X 3.70 4,142.76 Concrete Curb do Gutter 661.8 LF X 4.70 _ 3,110.46 Concrete Flatwork 59.0 SY X 2.00 - 118.00 One Inch extra width of Asphalt HMAC 41" less 31" prices 2,293.0 SY x1.00 - 2,293.00 TOTAL PARTICIPATION $17,391.34 f I , PURCHASING DEPARTMENT D/FIV METRO 267.0042 E f (rppr~~ CY METROPLEX ENGINEERING CORPORATION ti.~, " • ~a • LAND PLANNING SURVEYING ENGINEERING STANFORD "BUD" HAUP7MANN, P.M., RPB, PRIBIOf NT 87.0348.14 February 16, 1988 1 Mr. Dave Salmon F Engineering Department ! 213 E, McKinney Street Denton, TX 76201 Re: City Street Participation on Payne Drive in Westgate Hills North Phase 1 f Dear Dave: i Enclosed is it copy of my calculations to determine the unit quantities for the City of Denton oversize street participation on Payne Drive, Thcsc quantities are based upon the developer being responsible for 17 feet of road width for perimeter street improvements, Including cotL~rete curb and gutter on one side of the street, It is my a understanding that the city would be responsible for the construction of the curb and gutter for the medians and turn lanes, the extra width of pavement and the 1 extra depth of asphalt (l") for the entire thoroughfare. The following Is a summary 1 of the City's participation In this construction. s Concrete Curb and Gutter 661.8 LF Concret: Flatwork $9.0 SIT 4.1/2" HMAC Base Course 726.8 SY 1.1/2" HMAC Surface Course 726.8 SY 2,293.0 SY t 1" HMAC Base Course 6" Lime Stabilized Subgrade 947'2 SY Hydrated Lime (alb/SY) 8.3 Tns I 0 DENTON, TEXAS 782CS • 113171 383.1418 0 METRO 430-11392 1 1183 FORT WORTH DRIVE 'F 2150 SOUTH STEMMONS • SUITE 300 • LEWISVILLM TEXAS 715087 • (8141 881-2418 i r✓ C% r 1 a w a Please review these calculated unit quantities and forward your recommendation to John Marshall's office for processing a purchase order. We conducted a public bid for the project through the City of Denton Purchasing Department on December 17, 1987 to establish the necessary low bid unit prices. Please advise me of the final dollar figure and send me a copy of the purchase order when it is available, 1 will send a request for payment on behalf of the owner (Mr. Jesse Coffey, 614 First State Bank Building, Denton, TX 76201) after completion of the project and the final payment has been made to the contractor. Thank you for your time. Regards, Tim Fisher r Metroplex Engineering Corporation cc ✓ Mr. John Marshall i City of Denton Purchasing Agent 901 Texas Street Denton, TX 76201 r S 6 i Y i it 1 i t y 0., I ! 1 I I I PH I 1 9811 S I I I 1 I I I I I I 11B i1RE NESI60.IE NILLS P0.R11CIFA110N I DICIERSON I MYERI 1 SUNMONI I E.L. DALTON I dOHN ; I CONSTAKIiON I INC. I CORPORATION I COMPANY I CLAYTON I OPENEI T2I111B1 7111 P.M. I IC I I I I CONSIPUEIION I I I I I 1 I -1 1 I S S I A[COLNI! 1 1 1......---..._•I---••-•_... ••I------•-•.....I, .I.... 1 I I I i 1 I Illy I ITEM DESCRIPTION I VENDOR I VENDOR 1 VENDOR I VENDOR I VENDOR ! I-.._.__..I I........._..._I.............. 1.............. I..............i•••---........I. 1 .._...-1 S 1 I I I I V • ' I, I 16' LIME SIPPILIIR119111 SUB-BRADE 1 1.25 1 1.31 1 1161 1 1.11 1 1.17 1 i ' I 1 1 1 I 1 t ' 2. 1 1010RAIED LIME - TON t 15.11 1 71.11 1 15. N 1 114.81 1 86.24 1 ! I 1 I ! I 1 1 3. 1 IIYFE D-HMAC 1 Ir2' BY I 2.51: 2.51 1 2.21 1 3.65 1 3.33 1 i I I 1 I 1 1 4. I fYFE 1-MAC 3 112' SY 1 5115 1 5.11 1 1.51 1 1.45 1 1.68 1 1 I t I I 1 I I HYPE 6•NM0.t 4 117 BY I 6.15 1 6.10 1 $1.1 1 11.41 1 9.92 1 jf I 1 1 I I 1 t I 6. 1 IC04CREIE CPI 160111 LF F 5.25 1 6.51 1 4.11 1 1.15 1 6.15 1 t I 1 F I I 1 I 2. I IELXREIE FLAT BORN BY 1 3111 1 2.11 1 2.11 1 2.11 1 4193 I ' t 1 I 1 1 1 I I ~~~1. I INMAC 1' BASE COURSE 1 1.11 1 1.51 1 1.21 1 1.95 1 2.24 1 ~j } I I I 1 I I I t t I I t I I I r 3 i i I DID 1 1 9611 T I I I S I 1 i I S I I 1 I BED 1iflE WESTGATE HILLS PARTICIFAIIDN I JASOE I APC i Bill ! HASTY S pFAC I L.E. DEIEkIA I I FUDLIC I UTILITY { HAIELUOOD I FOWLER I TEIAS, INC. I INC. I DPENEI 12117107 21" P.M. I CO. ISERVICES, INC.I CONSTRUCTION ! CONSTRUCTION I 1 I i ACCDLN111~• i ! 1 S I 1 ..........ft ...............°••°......•---•....I..............i....---•••----l..............I•-• - ----I-----••••--•--I.-••-•-......-I- r I I 1 1 I I ! 1 1 ! i` 1 I BIT I ITEM DESCRIPTION I VENDOR I VENDOR ! VENDOR I VENDOR I VENDOR I VENDOR I ~,t I ....-....I-------------- I-------------- I-------------- I..............T------_-------I--------------1 i I. 1 16' LIME SIA6101A1104 SUB-MADE 1 1.25 1 1.15 L 1.34 1 1.25 1 1.61 1 1.61 1 '1 1 S t S 1 1 I 1 2. 1 :HYDRATED LIME - ION 1 75. BI 1 05.11 1 61.2$ 1 15.10 S 72.11 1 94.11 1 ~°r~i I S S I i I 1 I d 3. 1 IIYFE D-HMAC 1 112' ST I 2.51 I 2.41 I 2.68 1 2.51 s 2.51 1 3.41 1 ' S I I 1 I 1 t I 4. I ITYFE 1-HMAC 3 112' ST 1 5.75 1 5.56 1 6.15 1 5.15 1 5.41 1 .II I ,:~'s~ I S 1 1 S I 1 I I a 5. 1 1TYPE 1•HM4C 4 112' SY 1 6.75 1 7.15 1 1.22 1 6.75 1 6.51 1 9.51 1 ;1 1 S I I ; I I ICOHCRETE CURB 16UIIER LF 1 5.25 1 5.31 1 5.62 S 6.11 { 4.61 1 0.11 1 { S 1 1 I I 1 7. 1 ICORCREIE FLAT DIRK SY 1 3101 1 3.40 I 3.21 t 4.91 ! 3.11 1 2.11 1 r f S I I I 1 I I I I ~ 1 !HMAC 1' BASE COURSE 1 1.11 1 1.51 1 I'll S 1.61 1 1.11 1 1.09 1 ! I 1 I ! S 1 I 1 1/1y n i . ~t o- I .1 HHH1 S t LLLI fill -T- T rA' ' LLU 1 i 1 tall EEM E3XL oil 11444 .f I Y, /Y , DATE: 03/01/bb CITY COUNCIL REPORT FORMAT T0: flayor and Members of the City Council p FRDi': Lloyd Y. Harrell, City Manager SUBJECT: ADOPTION OF ORDINANCE AND SERVICE PLAN ANNEXING APPROXIMATELY 51.3085 ACRES OF LAI'O BEING PART OF THE J. CLAYTON SUkVEY, ABSTRACT, NO. 221; j, ABSTRACT NO. ABSTPACT NO. 754; AND REC011MENDA1I ON_: The Planning and Zoning CorFission, at its raeeting of Decer.ber 2, E 1981, recommended annexation of a 100 foot strip from the pre- f existing city limits line for a distance of three (3) miles, by a vote of 5-0. SUNWARY: 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 ro- the annexation. this hearings annexation and continued, required cess including public 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 P.oherts is consistent with City of Denton Subdivision I and Lard Development Regulations. The waterway between Lake Ray Roberts and Lake Lewisville is extremely important send the City is I interested in preserving the waterway and encouraging development that is consistent with this goal. i BACKGROUND: The staff prepared a petition for the property owners to sign 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 Tr(nity River. All property owners within three 13) miles from the existing city limits may be included in the annexation. The City of Denton has annexed property in this area on two previous occasions. A 175 acre strip was annexed in 1964 from U.S. Higtway 380 north approximately 5,000 feet. In 1565, a 115 acre strip was annexed to continue the city limits toward Lake Ray Roberts. i 1 f. V {A-51) Page 2 z PROGRAMS, GEPARTfI:NTS OR CROUPS AFFECTED: seventeen (17) property owners have requested voluntary annexation. All departments involved in tie development process and those depart- gents who provide public services. FISCAL IMPACT: ; The impact analysis indicates that fire protection will be the most costly service for the City to provide immediately. Maintenance of the rights-of-way will be necessary. i Respectf y submitted: l UT-o-y-d0l. Harrell City Manager Prepared by: Zeci a arson Urban Planner Appr ve an o s § Executive Di ctor for Planning and Development i { i 4l 1 r f { p♦L 4 I} ti 1994L NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS] BEING ALL THAT LOTr 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 FURVEYI ABSTRACT NO. 2211 J. LAMAR SURVEYr ABSTRACT NO. 754, ANi> M. MCBRIDE SURVEY, ABSTRACT NO. 8041 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A' DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE y DATE. F WHEREAS, a request for annexation for the property ` described in Exhibit 'A", a copy of which is attached hereto and incorporated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the city of Denton; and WHEREAS, an opportunity was afforded, at a public hearing 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 i WHEREAS, 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 ordinances and 4 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 oortion of the property described in Exhibit "A"1 and is described in Exhibit 'B', a copy of which i 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, THERRFOREr THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: A-51/PAGE ONE J i i I: r 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 j and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and urdinances 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 09" is { hereby classlf-ied as Agricultural 'A' District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. Should any section or part of this ordinance be held 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 eny 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, that if there is included within the general description of territory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not w hereby ithin the City of Denton's jurisdiction to annex, the same is annexed excluded as t fo;lly an as excepted if such excluded and territory excepted area ewere expressly described herein. SECTION IV. This ordinance shall be effective immediately upon its passage. Introduced before the City council on the "L9~~ day of T t .c v i , 1988. A-51/PAGE TWU r PASSED AND APPROVED by the City Council on the day of 1988. RAY STEPHENS, MAYOR ° r. ATTEST: 1 V 1 I l JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY l j v° r ti 7 n t i 4 3 i r A-51/PACE THREE r A}x" A 1 EXHIhIl "All i ALL that certain lot, tract or parcel of land lying and 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, Aostract No. 754, M. McBride survey, Abstract No. bU4, and more fully described as follows: BkGINNING at the southeast corner of a tract of land described in a deed to Richard W. Ragsdale, et al from Frark N. Martino, et al dated October 20 197S and recorded in Volume 759, Page 879 of the L.k.L.C.T., said point also lying in the middle of a channel of Lim Fork of the Trinity kiver, said point also lying in the Sduttl boundary line of said J. Clayton survey; j THENCE north 870 41' 10" west along the south boundary line of 1 said Ragsdale tract and the south boundary line of said survey, passing the northeast corner of the tract described in Ordinance 88-025 of the present city limits and continuing for a total distance of l000.82 feet to a point lying 4,409.42 feet east of the southwest corner of said kagsdale tract, and in the present city limits line for corner; THENCE north, passing at 725.u feet, more or less, the centerline of said Elm Fork channel, said centerline being an east boundary line of said Ragsdale tract, same being a west boundary line of the Second Tract of land described in a deed to W.L. Hodges et at from beorge W. Lowther et al dated January 14, 1941 and recorded in Volume 19S, Page 182 of the passing at 1,350.0 feet, more or less, said center line of him Fork, same being the north boundary line of said Second 'tract, same being the South boundary line of said Ragsdale tract a distance of 2,UZ9.0 feet to a point for corner; 1HENCE north 330 34' 21" west a distance of 213bO.87 feet to a point lying in the north boundary line of said Ragsdale tract, said point lying 2,07S.U feet, more or less, east of the northwest corner of said Ragsdale tract, same being the south boundary line of a tract described in a deed to 5 M 6 R, from Michael C. Ramos, Trustee dated March 91 1977 and recorded in 4olume 82S, Page V37 of the L.R.b.C.T. for corner; THENCE north 870 21' lo" west along the north boundary line of the said Ragsdale tract, same being the south boundary tine of said 5 M 6 k tract a distance of 834.o6 feet to a point for corner; THENCE north 00 32' 3S" east, passing at 2,4u0 feet, more or less, the north boundary line of said 5 M 0 R tract, said point lying 180U.0 feet east of the northwest corner of said S M 6 R tract, same being the south boundary lihe of a tract described in a deed to Oliver A. Fields from Sid ford et et dated May 3, 1937 and recorded in Volume 10S, Page 304 of the L.R.U.C.T., a distance of 3,442.33 feet to a point lying in the center line of F.M. 41b for corner; A-51 I , 1 I Page 2 THENCE north 200 3U" east, passing at 607.66 feet, more or less the north boundary line of said Fields tract, said point being 1197 feet east of the northwest corner of said fields tract, same being ' the south boundary line of Tract o described in a deed to R. H. I Venable from Ms. Comette Woodrum et :I dated October 16, 1959 and recorded in Volume 450, Page 035 of the L.k.L.C.T. said point also lying in the north boundary line of said J. Clayton survey, and the soutt boundary iinz of said J. Lamar survey, continuing for a total distance of 2,72o.19 feet to a point lying in the north boundary f line of said Venable Tract o, said point lying 1,119.bo feet east of 111{ 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 in the north boundary line of said J. Lamar survey and the south boundary line of said M. hicbride survey; THENCE north 510 17' 01" east a distance of 3,672.19 feet to a point lying in the north boundary line of said 'tract 3, said point lying 3,970.0 feet west of the northwest corker of said '[ract 3, same being the south boundary line of a tract described in a deed to Perman 0. Smith from Charlie May tiaddin dated May 6, 19SS and recorded in Volume 4U9, Page 452 of the D.k.L.C.T, for corner; THENCE north 260 S7' 52" east a distance of 1,433.49 feet to a point lying in the north boundary line of said Smith tract, said point lying 4,620.0 feet east of the northwest corner of said tract, same being the south boundary line of a tract described In a deed to Eagle Farms, Inc. from John W. Porter dated July 14, 1979 and recorded in Volume 9b3, Page 734 of the L.k.b.C.T. for corner; THENCE north 80 30' west, passing at 3,397.08 feet, more or less, the north boundary line of said Eagle Farms tract, said point lying 651.65 feet east of a north angle corner of said tract, same being the south boundary line of a tract described in a deert to Clyde A. Blakeley, Jr. et at from Charles D, Hall dated January 10, 1966 and recorded in Volume 5331 Page 434 of the L. K.L.C.T., said point also lying in the center of an east-west county road known as McAianey ! Bridge Rd., continuing for a total distance of 4,330.04 feet to a point in the north boundary line of said BlaKelev tract, said point lying 1,U40.U feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a geed to } Bobby hIcl,owell et at from Daniel h. Evans et at dated Deceooer 1, 1977 and recorded in Volume 875, Page 783 of tt,e DA D.C.T., said point also lying in the north boundary line of the b,cBride 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, same being the northwest corner of a tract described In a deei to E. L. hughes et at from Scenic Joint Venture dated December 3U, 1986 and recorded in Volume 2,U62, Page 311 of the D.k.D.C.T.; THENCE south 890 06' 2U" east continuing along said survey lines and along the north 0oundary line of said HugCes tract a distance of 967.18 feet to a point for orrer; A-51 } Page 3 THENCE south 80 3U' east, passing 85U.U feet, more or less, the center line of said r+chinney Bridge kd, continuing and passing at 2,700.0 feet, more or less, the south boundary line of said E. L. Hughes tract, said point lying 250.U feet west of the southeast corner of said tract, same being the north boundary line of a tract described in a deed to L. M. Mahoney et at from Daniel M. Mahoney i Realtors, Inc. dated January 3U, 1981 and recorded in Volume 1,U53, i Page 6U3 of the continuing and passing at 3,325.U feet, more or less, the center line of Elm Fork, same being a west 3 boundary line of safu Mahoney tract, and the east boundary line of i{ said Eagle Fzrms, Inc. tract, continuing and passing at 4,075.0 feet, more or less, said center line of Elm fork, same being an east boundary line of said Eagle Farms, Inc. tract, and the west boundary i line of said Mahoney tract, continuing and passing at 4,800 feet, more or less, the south bounaary line of said L. M. Mahoney tract, same being the north boundary line of a tract described in a deed to i U. U. Beaty et at from L. A. Beaty et at dated March 30, 19SU and recorded in Volume 357, Page 6Ub of the D.R,L.C.I., and continuing for a total distance of 5,U81.14 feet to a point for corner; j 1HENCh south 200 32' 3u" west, passing at 90U.U feet, more or less, the south boundary line of said beaty tract, said point lying 2,365.0 feet, more or less, west of the southeast corner of said tract, same being the north bounaary line of a tract described in a deed to Charlcie H. Townson itom Reuben Cagle, Jr. dated January 13, 19b6 and recorded in Volume 1,801, Page 201 of the and continuing for a total distance l,5b3.54 feet to a point for corner; THENCE south 760 02' 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 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 35.043 acre tract descr.bed in a deed to Radford A. Fuller et at from Reuben Cagle, Jr., guardian of the Person and Estate of Nennie M. Cagle dated December 24, 1975 and recorded in Volume 766, Page 973 of the D.R.D.C,T., for corner; THENCE south 40 28' west along the west boundary line of said Veteran's tract, same being the east boundary line of said 35.043 acre Fuller tract, passing at 434.4 feet the southwest cornet of 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 Cagle dated April 4, 196b and recordea in Volume 53o, Page 30 of the D.k.D.C.T. and continuing for a total distance of 1,139.4U feet to a point same being the southwest corner of said 5.993 acre Fuller tract, and a inner ell corner of said 35.U43 acre Fuller tract, said point also lying in the south boundary line of said M. Mcbride survey, and the north boundary line of said J. Lamar survey, for corner; THENCE south 880 31' 5U" east along the south boundary line of said 5.993 acre Fuller tract, same being the southerly nortn boundary line of said 3S.U43 acre Fuller tract, and said survey lines a distance of 3U.U feet to a point for corner; A-51 . ! Page 4 THENCE south 00 14' west along the east boundary line of said 35.043 acre Fuller tract a distance of 135.0b feet to a point, same being the southeast corner of said 35.043 acre Fuller tract, and being the northeast currier of a 51.U acre tract described in a deed to Olen L. Spencer from Cynthia Ann Bond Ables et at dated April l7, 1985 and recorded Volume 1616, Page 9U7 of the L.k.L.C.l. for corner; THENCE north 8b0 31' 50" west along the south boundary line of ! said 35.043 acre Fuller tract, same oeing the north boundary line of said 52.0 acre Spencer tract a distance 1,250.u feet to a point for corner; ! THENCE south 310 48' lb" west, passing 1,185.0 feet, more or less, # the south boundary line of said 5[.U acre Spencer tract, said point lying 2,096.71 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 Glen L. Spencer et at from Roy T. Spencer dated November 1, 1977 and recorded in Volume 868, page 869 of the O,k,L.C.T., continuing and 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 37,5 acre tract described in a deed to Olen L. Spencer et at from Nennfe Mae Cagle dated November 17, 1952 and recorded in Volume 384, Page 52 of the D,R.D.C.T., continuing and passing at 2,171.96 feet, more or less, 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 datrl November 29, 1979 and recorded in Volume 990, Page 3US of the D.R.L.C.T., saia point lying 2,16U.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, i ! THENCE south Ud 32' 35" west, passing at IOU feet, more or less the south right-of-way line of said F.M. 42b, same' being the north boundary line of a tract described in a deed to Perry Lee Barthold et at from C. F. Adcock et at dated January 24, 1978 and recorded in Volume 872, Page 413 of the D. R. L,L.T, continuing for a total distance of 2,U56.0 feet to a point lying in the south boundary line of said Barthold tract, said point lying 11150 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 at from George W. Lowther dated January 14, 1942 and recorded in Volume 295, Page 182 of the D,k.L.C.T. for corner; 'IHENLE south 330 34' 21" east, passing at 2,791,63 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 A. L. Hodges et at from George W. Lowther dated January 14, 1942 and recorded in Volume 295, Page 182 of the and continuing for a total distance of 3,58o.6 feet to a point for corner; THENCE south a distance of 2,371.ub feet to the Point of beginning, and containing 5b7.3O35 acres of land more of less, A-51 f EXHIBIT B FIELD NOTES ALL that certain lot, tract or payees of lane lying and being situated in the County of Denton, State of Texas and being ppart of the J. Clayton Survey, Abst. No. 2210 J. Lamar Survey, Abst. No. 754, M. McBride Survey, Abst. No. 804 and more fully described as follows: BEING a strip of land 100' in width and containing j 51 . 3085 each side off the land centerline described below; COSIMENCIIG at the southeast corner of a tract of land described in a d•ed from Frank N. Martino et al, to Richard W. Ragsdale et al, dated October 2, 1975 and recorded in Vol. 759, Page 879 ! of the Deed Records of Denton County, Texas, said € lying In the middle of a channel of the Elm Fork of theon also iTrinity River, said point also lying in the south bou:dary line of said J. Clayton Survey; ° THENCE north 87' 41' 10" west along the south boundary line of said Ragsdale tract and the south boundary line of said survey, j passing the northeast corner of the tract described in Ordinanctotal e No. 8S%197 of t 1e ,000.821 tci3y limits and continuing east of the southwest corner of said Ragsdale point tractt,ganl 4in'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 87' 41' 10" east SO.0' north of and parallet to the south boundary line of said Ragsdale Tract and the south boundary line of said survey to a point tying in the center line of said Elm Fork of the Trinity River; f THENCE northerly along the centerline of said Elm Fork of the Trinity River, same being the east boundary line of said 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 recvrded in Vol. 295, Page 182 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 8 R dated March 90 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 5 R tract, and the west boundary line of said Hodges Second Tract, the following 12 courses and distances, (1) north 32' 43' 16" west, 310.94' ; (2) north 37' S6' 0" west 603.50' ; (3) south 88' 22' 0" west, 316.101; (4) south 71~' 06' 0" west, 268.S0'; i' h r i fl r Field Notes Page 2 (5)south 790 S7' 0" west' 481.401 ; (6) north 05° 59' 0" west, 335,801 , (7) north 46 28 0' east, 177.30' to a the northwest corner of said Hodges Second Tract, and the southwest corner of a tract described in a deed from C. F. Adcock et ux to Perry Lee Barthold et ux dated January 249 1978 and recorded In Vol. 871, Page 413 of the D.R,D.C.T.a, (8) north 2111 21' 0" east 310.301; (9) north 040 S3' 0" east, 294.10'; (10) north 130 10' a (12) no " lNesr,th221°7 0(11) north 44°38' 0" west, 216.401; and east, 449.301 to a the northeast corner of said 5 M 5 R tract, said point being the southeast corner of Fields tdated rMayd3 in19a37deed from Sid and recorded inrVol. 265, 1 Page Oliver the D.R D.C.T. for corner; of THENCE northerly continuing along the centerline of said creek , same being the east boundary line of said Fields tract, the west boundary line of said Barthold tract, the following 4 courses and distances, (1) north 330 3' " east, , (2) north 35° 30' 0" west, 345.00' • (3) 0-)rth 07°097U5 1 east passing the northwest corner of said Adcock tract, and the south right-of-way lino of F.M. right•of-way line of said F.M. 428, and the southwest tcorner rof a tract described in a deed from Patrick D. McQueen to Bill 1881 1 880cofd the D 'e ruar.. R.D C T.10and19contin uingcofor da l total Vol. distance Page f 430.001 ; and (4) north 430 3S' 0" northeast corner of said Fields tract .-east' 504,00' to the of said Lynch tract, and the southeast tcornert of sTractne6 described In a deed to R. H. Venable from Mrs. Comette Noodrum et al, dated October 16, 1959 and recorded in Vol. 4S0, Page 63S of the D.R.D4C.T• and the southwest corner of a 37,0 acre tract described in a deed from Nennle Mae Cagle to Olen L. Spencer dated November 17019S2 and recorded In Vol. 3840 Page S1 of the D.R.D.C.T•I 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 7.157 acre tract described In a deed from Roy T. Spencer to Olen L. Spencer dated November 1, 1977 and recorded in Vol. 868, Page 859 of the D•R,D.C. D.C.T. for corner; THENCE north 470 4S' 00" east continuing along the centerline of said Elm Fork same being the west boundary line of said 7,157 acre Spencer tract, and the east boundary line of said Venable Tract 6, a distance of 142.33' to the northwest of said 7 j .157 acre Spencer tract, and the southwest corneroofea i 59.157 acre tract described in a deed from Gregory Brian Bond E f 4 I I i F q~ Field Notes Page 3 of c the dated f19t 1980 or corner; recorded in Vol. ~ i to Olen L 692 Spencer 1 the centerline of said THENCE northeasterly continuing along Elm Fork same being the west boundary line of said 59.151 acre Spencer tract, and the east boundary line of said Venable Tract 61 the following 7 courses and distances, (1) north 470 45' east, 252.65'; (2) north 800 31' east, 156.10'; (3) north j 490 18' east, 228.701; (4) north 630 47' east, 267, SO,; /f north 340 30' east, 259.81 ; (6) north 690 ll east, 440.80'; and (7) north 660 46' 57" east, 355,78' to the northwest corner of said S9.iS7 acre Spencer tract, and the I southwe:t corner of a tract described in a deed from Reuben Cagle, Jr. to Radford A. Fuller et ux dated December 24, 1975 and recorded in Vol. 768, Page 973 of the D.R.D.C.T. for corner; I THENCE northeasterly continuing along the centerline of said Elm Fork same being the west boundary line of said Fuller 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 h 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,conati uinge along the west boundary line of said Fuller tract, ' boundary line of said Venable Tract 3 for a total distance of nor east$ '321(00' ; (4) Snorth,' 209.00' 38 ( north 170 t 5929 west1, east, 424.00'; (6) north 100 32' west, 109.00'; (7) north 170 33' 72st,28103.0s,t, 252)OOnorth 800 29' east, 113.001; (9) south (10) south 700 07' east, 223.001; (11) south 800 40' east, 285.001; and (12) north 710 44' east, 224,73' to the northeast corner of said Fuller tract, and the northwest corner of a tract described in a deed from H. B. recorded trustee lol. C 1801~i Page H. 202 Townson dated January 13, 1996 ari I THE ForkC same sbeing thent or h gboundary tlinec ofCesaiid eTownson itract, and the south boundary line of said Venable Tract 3, the following 9 courses and distances, (1) north ISO -4S' 30" east, 96.20'; (2) north 320 46' 30" east, 187.10'; (3) north S30 12' 40" east, 141.401; (4) north 810 47' la" east 339.301; (S) north 790 40' 10" east, 134.201; (6) south 816 47' 10" east 339.301, (7) north 790 40' 10" east, 134.21; (g) north 604 07' 3011 • east, 363.101; and (9) north 480 4S' 40" east, 226.40' to the northerly northwest corner of said Townson tract, and the southwest corner ofa tract described in a deed from L.A. Beaty to 0.0. Beaty dated February 18, 19SO and recorded in Vol. 3S7. Page 606 of the D.R.D.C.T. for corner; of r A, I f* ti V ~~QJ Page 4 THENCE northerly continuing along the centerline of said Elm Fork same being the east boundary line of said Venable Tract 16, and the west boundary t'ne of said Beaty tract, R passing the northeast corner of said Venable Tract 3, and he southeast turner of a tract described in a deed to Perman 0, smith from Charlie May Maddin dated May 6, 1955 and recorded in Vol. 4091 Page 4S2 of the D.R.D.C.T. to the northwest corner of said Beaty tract, and the southwest corner of a tract described in a deed from Daniel M. Mahoney Realtors, Inc, to D. M. Mahoneyi0. S. Royalty Joint Venture dated January 30, 1981 and recorded in Vol. LOS8, Page 603 of the D.R.D.C.T.for corner; THENCE northerly continuing along the centerline of said Elm i Fork s,me being the west boundary line of said Mahoney tract, and the east boundary line of said Smith tract, the following 9 I courses and distances, (1) north 490 23' SS" west 82.981; (2) north 150 09' IS" westX 149.19'; (3) north 400 10' 01" west, 243.401; (4) north 250 08' 41" west, passing the northeast corner of said Smith tract, and the southeast corner of Tract 1 described In a deed from John W. Porter to Eagle Farms, inc. dated July 19, 1979 and recorded in Vol. 963, Page 734 of the D.R.D.C.T. and continuing for a total distance of 162,3919 (S) north 140 34 26" ease 150.48'; (6) north 270 S8' 18" east, 100.411; (7) north 886 471 S9" east, 525,11'• and (8) north 610 07' 13" east, 254.671; and (9) north' ortA 336 13' 54" east, 312.03' to a point lying 434.43' south of the northwest corner of said Mahoney tract for the Point of Termination. i 20S7a i s Y. I 1 1J I / ,r f PLAN OF SERVICE fOk ANNEXED AREA CITY OF DENTON TEXAS I i. Basic Service Plan A. Police Patrolling, radio responses to calls, and other routine police services, using present personnel aad equipment, will be provided on the eftective date of annexation. 6. Fire Fire protection by the present personnel and equipment of the tire fighting force, will be provided on the effective date of annexation. C. Ivater/Wastewater Maintenance of public water and wastewater facilities will begin within sixty (60) days after the eftective date of the annexation for all facilities required to be maintained by the City of Denton. D. Refuse Collection The same regular refuse collection service now provided within the City will be extended to the annexed area within sixty (6u) days after the effective date of annexation. E. Streets 1. Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.), will begin on the effective date of annexation. 2. Routine maintenance on the same oasis as in the present City, will begin in the annexed area on the effective date of annexation. 3. Reconstruction ano 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 be installed as the need therefore is established by appropriate study and. traffic standards. E I F. Inspection Services I Any inspection services now provided by the City (building, electrical, plumbing, gas, housing, sanitation, etc.) will begih in the annexation area on the effective date of annexation. k? i IT N Service Plan Annexed Area Page 2 s G. Planning and Zoning The planning and zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area and a zoning designation for the property will be established. H. Street Lighting Street lighting will be installed in the substantially developed areas in accordance with the established I policies of the City. 1. Recreation Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effective date of annexation. the same standards and policies now j used in the present City will be followed in expanding the recreational program and facilities in the enlarged City. J. tlectric Distribution The City recommends the use of City of Denton for new electric power. K. Miscellaneous Street name signs where needed will be installed within approximately six (b) months after the effective date of annexation. 11. Capital Improvements Program (Cl?) The LIP of the City is prioritized by such policy guidelines as: 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 and professional studies, and natural or technical re- straints or opportunities. B. Impact on the balanced growth policy of the l,ity. C. Impact on overall City economics. i 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. ,r I s I 1 4 f ANNEXATION An' nNORTH ~o OA/ J 1 ,AF lo, ye. fqqq . .1~ • • 1llr~. 1 1 Vl1 OF 1 • Y11 A. 41Y f r usf "A II 4 4 •n ~ 1 r •r ~f , , ~ Y 1 / r ~arw rof.H, 7 i ~ 1.h • Ol f4r rr 4 ii • r nh <s e..lr n, • ,t' -L' .ty w. u., _ :~1 y irll \ Les ur.. r ~+~rT.T i ,t N ~ ~ l ~It ~4J•^ . OF J.1 ,aJ r.• i1 ~fr• t 3~ hpa CN: of n IN." Jt4 OF el. Cal ' NeY •!Y./'. t J.tI i .Laf • ~r...~ J=1c .lr 11 OFF ( ,"I . 40[f r1 uJ J' ~ i:'1 1114 , tru , r it , J . ]L' •1 • 'p\ HILL LIMIT } - ..,J,. +4*+ 1.1 .11. t • • p r 4 L/frl4 Ji 1$ 111. + ~4 Tf1 Y. JJI.[ L.r r1WIh i 11 ~ . t Lr.r~ 014, .v 4 1 rte" iYi111 '14 y.r.r w,.. N.]Of• '114 II Ir.•r V ~ I/rh H14 7 Yr tl 111x4 - r J ...nn,l OF 114 • N /waf4'e uff4,Y1M1~i (MJ Yt 'i' ' J.r N.If ~ l~a" F 5 N' i nq;! a N.'( 1.I 1 "th, ' + I14 NJ I4 p •,Yllr'~i JJ { + ~],f•.. bpd. 1C4• .•r4 IIq ' '.,f4 SIR YI .r N•.h • . iJ fl.t.u. . - IYrrrr lu. • ':,or; Y' f. rJ.hr1 rrY ! .'444• 1114 y Sr.4 ~,•~I(4~. f kIF- 11 f: la•!f. . 4 . 44 ' 1Y u n.4 .r 1 tit . 314 t ' i ertr+f. { \aT I Y'Mar IQ/ r u/.. a a. r•a.eJ' rr .Y wr 'f4 lJY).i' • ? .dr.1.1 La(41 1I fro wq' 'r rj~`jrM1 .I~ ~h• /.i:.r,r f"• '~J 4r:ww ~I/ 01% J 00. .u f., r l r f%i If4 11 •11v ' ; ; iarrl r 7~..L,tr' 1 t F . I 1=I'r C' 1 r!4•! k~1, 4 0 I r ~ ~ ! 111 Ir 4 i /e a wr.r f.r 1 I1~IOTINO Y IM ITS fa.. 1 f i .1 f"f /10 A °,i r • Y. .I+rf1\I~.PJ • ~ . Of j" I ( f (J` r Yi~ I"! Z + , ~ 'i. '~~i itr I rr11~. •J 'l1. y , a 'Ito I L 114 rf J', r nllh •p,r 41.. u114' + 1t ' t' 4000' !1l4H0 ,i I` 1 f 1 1 y G Y R I I f AMENDED ANNEXA'iiON SCHEDULE A-51 October 20, 1987 City Council sets date, time and r place for public Notice published in Denton Record October 23, 1981 public hearing Chronicle for first i November 03, 19:7 City Council - first public hearing N Notice published in Denton Record November 06, 1987 Chronicle for second public November 17, 1987 City Council - second public hearing Planning and Zoning Commission makes December 02, 1987 recommendation City Council institutes annexation f / December OB, 1987 of 1000' strip annexation ✓ January 19, 1988 City Council institutes of 100' strip January 24, 1988 Publication of ordinance in Denton Record Chronicle Final action by City Council 'i March 01, 1988 . i l i JP- 3. t Y k 2 Minutes December 2, 1957 Page 10 111. CONSIDERATIONS A. Receive & report from the Parks and Recreation Depart- sent regarding proposed Museum of Natural history/Fars Operation. STAFF REPORT: Steve Brinkman, Director of Parks and Vecreat on, stated that in operating farm/museum of i natural history would be located on the 27 rcre Tripp property located south of levers Park, he sold that there are two houses located on the property that would be used for the farm 0DDerasion. The staff is envision- ing 200 visits a week by general admission and 22S for group use with an average of 60 per day. He said that the Tripps have offered a six year lease on the propert:' y and the city would look for a permanent site at the end Ij of that time, Mr. Holt asked haw this idea came about. Mr. Brinkman stated that a committee has been working on this for about i two years. He said that they found that the Tripps were f interested in leasing the property to *,he city for this fj use. Ms. Brock asked If he needed an action from the Coati$- slon. Mr, Brinkman said that it was submitted to the j Commission for suggestions, ideas, and thoughts. Mr. Holt felt that the farm roncept was a good idea. Ms. Brock asked about the possibility of establishing the farm/auseum at Pilot Snob. 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. Ms. Brock stated that this is a marvelous idea and on attraction to Denton but seems a large and expensive prdject to undertake. Mr. Brinkman stated that the Council approved the concept if the project would be sell -supporting. LECISION: Mr. Claiborne moved to accept the presentation oT Me-larks Department. Seconded by Ms. Brock and motion E unanimously carried (S-O), i B. rA•Si. Proposed annexation of approximately $e7.3U35 acres of Tana boinyy part of the J. Clayton Survey, Abstract No. 22Lt J, Lamar Survey, Abstract No. 7S4; and M. McBride Survey, Abstract No. 809, STAFF REPURI: Ms. Carson stated this is annexation of t e a ar of the Trinity River. She said originally the Council requested that staff prepare annexation field notes for two separate parcels. One a three and one-half mile tract approximately 1,000 feet in width at its nar- rowest point to our ETJ limit, and then a two site annexa- tion from the three and one-half sites to the dam of Lake Ray Roberts Luring the process oI public hearings, the staff explained to the Council that the new state Legisla- tion requires o city to ainex a 1,000 foot strip and in this case any narrower strip mest be at the request of a property owner. She said that there were a number of pprop- erty owners that did appear in opposition to A-51 and A•S and during that process Mr, Frank Martino agreed to lead an effort to contact the property owners and encourage them to do a voluntary annexation of a lOu foot strip along the Elm Fork o[ the Trinity River. the Council'a intent is to con, trot water quality in this area and to do so by annexing the river all the way to the dam; however, the legislation sl 1 ~ t ~ P 1 Z Minutes December I, 1987 Page 11 only permits the city to annex an area less than 1,000 feet a distance of three miles from their, pre-exittinl city Its- it line. The City Council, at its last public irarlmg, at cepted petitions by the property owners in the area for a 100 toot voluntary annexation. Iris would limit the city to a thr,a mile standard at this point and be Inning next year, based an the legislation, the city could beiin the annexation process to the lake. A-SI was discontinued. Fie 14 notes are being prepared for the 100 Foot stripp an- nexation. Staff recommends approval of A-,I at the l00 foot width. Mr. Holt asked if this annexation was related to the green- belt and Forks Department. Its. Carson stated that the con- cept of the Qreenbelt has not been o proved by the Corps of EnySneers which would be required be ore any additional ac- quisition could be done. She said that the Utility Depart- ment has requested the Council co consider the annexation because of water quality issues. Mr. Ellison stated that the greenbelt is still a viable option for the city. Mr. Glasscock asked if the city would maintain the area ` within the IOU feet It annexed. Ms. Carson stated that II the city would not maintain private property but it dedi- cated as floodway easements then yes, the city will as- sure maintenance responsibility where portions of the I annexation cross FM 128 in regard to the slopes on either side of the road. Mr. Nam stated that the requirements from the Enviromental Protection Agency and Texas hater yuallty ate becoming more stringent in monitoring water and requests a favorable recommendation. DECISION; Mr. Glasscock moved to recommend approval of },=31 as a IUO toot strip for a distance of 3 miles from the city limits. Seconded by Ms. Brock and motion unani- mously carried (S-0), !v, Adjourn to a study session in the Civil Defense Race to E consider creation of a moderate node at the interrectlon of Colorado Boulevard and Lakeview Boulevard. I Ms. aiker arrived at the meeting. Mr. Claiborne called the study session to order. hr. Ellison explained that the staff has reviewed the materials presented by khB 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 Lakeview Boulevards. he reviewed the history of the original zoning request and explained that a Read Utility District was approved by the state legislature to finance the construction of the s,lar thoroughfare. I Brad Stevens, representative of AMB fealty, inc., explained that this Is the only ROD created by the legislature and would assist the developers in meeting the concerns of the city thet Lakeview Bdulevard be completed from U.S. highwsy 380 to IH•3S. Ms. Carson discussed the policy change procedure with the Commission. She explained that following the study session the Commission would make a recommendation to City Council. The moderate node would require approval by the City Council to be included in the Development uida. I I It 1 i I JA I If IFH y r j i J i I j III Iliad i 1 1 „I f f. cK R C• 1 ll` f CITY of DENTON, TEXAS MUNICIPAL BUILDING ! DENTPV, TEXAS 76201 / TELEPHONE(817)566-8200 MEMORANDUM DATE: October 29, 1987 TO: Citizens Traffic Safety Support Commission FROM: Paul Iwuchukwu, Traffic Engineer Associate SU1r•1ECT: One-hay Traffic and No Parking on Thiro street between Locust street and Austin street Residents and area business owners of Third Street are requesting an ordinance for no parking on Third Street between Locust and Austin. They say the street is too narrow and has no room for curb parking. Staff investigation has confirmed that this section of Third Street is about 15 feet wide. When cars park along this street, the space left is barely enough to pass a compact car. This would pose serious problems for emergency vehicles and service vehicles. This section of Third Street is currently functioning as a one-way street (west to east) but there is no ordinance backing it up. E When Stonewall Jackson I nool existed, Third Street was made one-way from Elm to Austin. The section from Elm to Locust was recently converted to two-way traffic (August 3, Traffic Safety meeting). Due to the narrowness of Third Street between Locust and Austin, two-way operation was not considerd. The section between Austin and Oakland is again two-way and it is wide enough for two-way operation. This leapfrogging is not good for traffic especially for intermediate intersections. Staff realizes ti,is but there is no better alternative due to the bottleneck created by the section of Third between Locust and Austin. On the other hand, making the portion of Third between Austin and Oakland one-way will adversely affect motorists especially since Austin is two-way and the other east-west connecting streets between hustin and Oakland (Hann, Sawyer, i and Marshall) are either too narrow or too far removed from the 1 high traffic area. Also, the Intersection of Third and Austin is so well signed with DO NOT ENTER on the west neck of Third and TWO-WAY TRAFFIC sign on the east neck that the possibility of a confused traffic situation there is ruled out. 1 Therefore, in addition to no parking, staff is requesting an ordinance for one-way, west-to-east, designation for Third Street between Locust and Austin Streets. j Ltaff recommends approval. 0506E f tR. i N I i f ' I r i I~ J { Ali I is 2228L NO. _ I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-WAY TRAFFIC FROM WEST TO EAST ON THIRD STREET FROM ITS INTERSECTION WITH LOCUST STREET TO ITS INTERSECTION WITH AUSTIN STREET; FO A EFFECT T DATE. FIVE HUNDRED DOLLARS AND PDECLARING ENALTY F AN FINE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Third Street, from its intersection with Locust treet to its intersection with Austin S*reet, is hereby restricted to one-way traffic travelling west to east. SECTION II. That when signs are erected giving notice there- of, anyy person violating any of the provisions of this ordinance shall b.' guilty of a misdemeanor, and punished by a fine not to exce.a live Hundred Dollars ($500.00). SECTION III. That if any section, subsection, paragraph, sentence, Clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid by any court of co:rpetent jurisdiction, such holding shall not affect the j 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. SECTION IV. '.'hat this ordinance shall become effective four- teen-T4 ays from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1988. ATTEST: 1 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY:~ i Jill` 4 i MINUTES Citizens Traffic Safety Support Commission November 2, 1987 PRESENT: Mike Amador, Wayne Autrey, Gilbert Bernstein, Doug Chadwick, Bruce Chamberlains Virginia Gallian Gene Gohlker John Tompkins and Chairperson, Vivia: Edwards i STAFPt Paul Iwuchukwu, Traffic Engineer Associate i Joe Thompson, Traffic Control Supervisor ITEM 11 APPROVAL OF OCTOBER 5 1987 MIN ES The meeting was called to order at 5:30 P.M. on Mnnday, November 2, 1987 b Vivian Edwards. Virginia Gallian made a motion approve the minutes as written. Gilbert Bern sin seconded the motion. Motion posted unanimous . ITEM +2 REQUEST FOR THE US P SPEED BUMPS - MOCKINGBIRD LANE BETWEEN WESTON DR AND MCKINNEYt of he request. No one came forward. ` /equestas dward] sked if anyone was present to speak Gal an asked that this item be moved to the he eating to allow time for anyone who was ! Is as brought before the commission at thn end meeting. No one came forwardto speak in the request. COMMENDEDi Posting 30 mph speed limit signs ONERS: John Tompkins made a motion to accept staff recommendation. Bruce Chamberlain seconded the moti,.Pn. Motion passed unanimously. ITEM 13 ORDINANCE FOR ONE-WAY TRAFFIC AND NO PARKING ON THIRD II STREET BETWEEN LOCUST STREET AND AUSTIN STREETt Paul Iwuchukwu presented the request for one-way traffic and no parking on Third street. He said the area in g1%estion is between Locust and Austin street. That is a very narrow street of approximately 14.7' back to back of curb. Predently people who live in the area pack on the right hand side of the street creating an obstruction leaving a space of b - 7' for vehicles to pass. This distance is not adequate for services vehicles. r ~I YI 4 A page 2 of 4 pages Paul said that when Stonewall Jackson school was operating, Third street between, his end Austin was a one-way street. Recently, on the Auqust J, 1987, CTSSC meeting, the section between North Locust and Elm was converted back to two-way traffic as requested by DISD, The section between Locust and Austin is still functioning as a one-way street but there is no one-way sign if you are entering from Locust street, At the Austin end, there is a sign indicating that it is one-way, "DO NOT ENTER", Staff has measured all the drives and their distances from the coiner of Third street to see what could be j done to prevent motorists from parking on the 1 corner. Many businesses in the area have complained about this situation. They have sent in a petition requesting that this street be designated no parking from Locust street to Austin street, Staff is also recommending that an ordinance be promulgated to make it officially a one-way street. Staff's recommendation Is for (1) no parkin gg on Third street from Locust to Austin streets and (2) to make r, the same section a one-way street. Dry Gaylen Ficko:y came forward to speak in favor of tho request. He said his business is located on the corner of Third and Mulkey. He instigated the petition because it is difficult for his patients to enter and exit. The garbage people do not pick up the trash unless It is placed between Locust and Austin. i Mayne Autrey said he travels that street every day and has had an occasion when he had to back out of the street. STAFF RECOMMENDED: No parking on Ihird street from Locust street to Austin street and to make tee same section a one-way street COMMISSIONERS: Gilbert Bernstein made a motion to accept staff recommendation, Doug Chadwick seconded the motion. Motion passed unanimously. MLG~ NO RIGHT ON RED FOR SOUTH-BOUND TRAFFIC AT BELL I : u I Paul lwuchukwu presence LxALaaaanded ` by John Tompkins at the last CTSSC meeting. Pau f said staff appreciated the observr.tion. it I I 3 plge 2 of 1 pages ~ V ITEM 03 ORDINANCE FOR ONE-WAY TRAFFIC AND NO PARKING ON THIRD -r-WITWEW-LOCUST 51KXbT_KWAUS IN STREET.' Residents and area business owners of Third Street are requesting an ordinance for no parking on Third Street between Locust and Austin. They say the street is too narrow and has no room for curb parking. Staff investigation has confirmed that this section of Third Street is about 15 feet wide. When cars park along this street, the space left is barely enough to pass a compact car. This would pose serious problems for emergency vehicles and service vehicles. This section of Third Street is currently functioning as a one-way street (west to east) but there is no ordinance backing it up. to Austin. Third The seStreet made Stonewall Jackson acfro■ Elm School existed, ction was When from Elm to Locust was recently converted to two-way traffic (August 3, Traffic Safety meeting): Due to the narrowness of Third Street between Locust and Austin two-way operation was not considerd. The section between Austin and Oakland Is again two-way and it ggis snide enough for two-way operation. This ut intermediategintersections,forStaffffrealizeslthis bfor there is no better alternative duebetwe he bottleneck nand created by the section of Austin. On the other hand, making the portion of Third between Austin and Oakland one-way will adversely affect motorists especially since Austin is 4 two-way and the other east west connecting streets between Austin and Oakland (Hann, Sawyer, and Marshall) are either too narrow or too far removed from the high traffic area. Also, the intersection of Third and Austin is so well signed with DO NOT ENTER an the west neck of Third and TWO-WAY TRAFFIC of a confuseon the d traffic s situation t there h Is ruled possibility out. Therefore, in addition to no parking, staff is requesting an ordinance for one-way, west-to•east, dest nation for Third Street between Locust and Austin Streets. Staff recommends approval. ON RED FOR EASTBOUND TRAFFIC AT THE BELL AVENUE AND During the Traffic Safety Meeting of Octo , Mr. John Tompkins, commissioner, recommended that f .1 D 4 - - • - --~~oo r I AMIN! OIL JAJQL Una] 11 [Asti - p (r m 1;1 nul- Mom q fl❑ L,m.i1 J.. ! NNMIE I a~C7CCl~l.~~a LJL~ - _ 4s « ©OL7C] IL_ \ RMFT RI n, E::.]❑❑ ,l".TGN a NN. ME] E' OEI So culROU C7 El now PIFI -1 [01 [E: I Fj doLI/I d IA❑ K a~C~~L~~❑~~_. K Eli _~J FL TM ]J Is= a❑®F I a ~ D® WWWWRI", F_ I i j -1 1 ~f 1 E , f I G ~ i ' i 1 4 j ii f4+H4 111 1 S} t 2229L NO. 1 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF THIRD STREET FROM ITS INTERSECTION WITH LOCUST STREET TO ITS INTERSECTION WITH AUSTIN STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person alien-park a vehicle at any time upon the following street in the City of Denton to-wit: Both sides of Third Street from its intersection with Locust Street to ite intersection with Auatin Street. SECTION II. The provisions of Section I prohibiting the park nT_veeh clew shall apply at all times to the street and part of streets designated therein except when it is necessary to atop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION III. Any person adjudged guilty of parking a vehicle in violation of thia ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Five Hundred Dollars ($500.00). SECTION IV. That if any section, subsection, paragraph, sentence, clause, phratge 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 poitions despite any such invalidity. SECTION V. That this ordinance shall become effective fourteen TNJ days from the date of itct passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. I i u ! PASSED AND APPROVED this the day of 1988. i i M STEFHE '-,-WW'-- ATTEST: JENNIFER W LTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ~ r DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ~1X/~7~L• r~ JCL ~d~S1~" i 6 ; i i f t i r ~ ; J ! I ' t lSr. J I v VMS LAvza& NO If , MIT1M L WI CAM~~ Q❑ es ! f T ~ t MMP, ~ C ' Q~[ D❑ i ®DD WAI '~C]C~ ❑ a ' ® u❑C7E AIL M c ® T ~0 w]0 0~❑©daoDD ~ Q © ~ lea©a ~❑o~oo D ~ ® ~ ~ a ~®CDD1~ ~~0 ~ E ~~o®❑ CAA ~~a❑ DIL IEIE \ ©r C~C~❑i_ ooo~ ~ Da ®®c~n v a ooo~ rut F ~~C_ frE A~cac rarA A * ai. E ~ t i No 11 1-14+m i i j i I I i ` 1 i HWH k { f ;i I i I , { I, t N I i CITY of DENTON, TEXAS MUNICIPAL SU1D)NG / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 I MEMORANDUM I DATE: October 29, 1987 TO: Citizens Traffic Safety Support Comnission ` i FROM: Paul Iwuchukwu, Traffic Engineer Associate SUBJECT: Traffic flow and safety improvement at the Hickory Street and Oak Street Merging Point Between Bonnie Brae and 1-35: E Going west, just after Bonni+ Brae, Hickory Street and Oak Street merge into Oak Street and become a two-way divided 1 street up till I-35. At the merging area between the nose of the median and the tip of the triangle (see sketch) there exists a wide open space that offers approaching traffic multiple right of way option. Presently there is an R4-7 (Keep I Right) sign that controls westbound traffic coming into the merging point, but it does not indicate which approach traffic should yield to which. A more serious problem ensues when eastbound traffic coming into the merging point is taken into consideration. Such a vehicle would make a diagonal crossing or a zig-zag to get on Oak. This movement is in direct conflict with westbound traffic on Hickory coming into the merging point. This .ype of conflict could result to head-on or right angle collisions and the probability of occurrence is very high in this area due to the high student proportion of apartment dwellers in the area. 1 j A good solution to this problem can be achieved by extending the median all the way to obliterate the merging point, and converting Hic;<ory and Oak to one-way traffic eastbound and westbound ,respectively, between 1-35 and Bonnie Brae. The small additonal one-way length is 400 feet from Bonnie brae to the west portion of the triangle. Staff recommends approval. s 0506E I ~ . f i P i page 3 of 6 pages The problem at this intersection deals with Inadequate sight triangle. Safe stopping distance has to be determined for traffic approaching from the south-bound and east-bound directions. There should be no obstruction inside a site trl ngle for safe approach to the intersection. The building on the t corner in most cities would be condemned because of sight obstru^tions such as this but this solution would be a good alternative to condemnation. STAFF RECOMMENDED: A no right on red for east-bound traffic at the bell Avenue and Hickory street Intersection. 6 ? COMMISSIONERS: Virginia Galitan made a motion to acceppt staff recommendation. Gene Gohlka seconded the motion. Motion passed unanimously. I-TEM #5 7~H~F~IC FLr0Wa,%hD SAFETY 4&PkOVEMENT AT iHKORY U Paul Iwuchukwu presented the request Indicating on the viewgraph traffic flow at these two points. Paul said that, going west bound, just after Bonnie Brae, Hickory Street and Oak Street merge into Oak Street and become a two-way divided street up till 1.35. At the merging area between the nose of the median and the tip of the triangle (see sketch), there exists a wide open space that offers approaching traffic multiple right of way options, Presently there is an R4.7 (Keep Right) sign that controls westbound traffic coming into the merging point, but It does not indicate ~n,c1 approacn traffic should yield to whit:h. I~ A more serious problem ensues when eastbound traffic coming Into the merging point is taken into consideration. Such a vehicle would make a diagonal crossing or a cig-tag to get on Oak. This movement Ts in direct conflict with westbound traffic on Hickory coming into the merging point. ThJs type of conflict could result to head-on or right angle collisions and the probability of occurrence is very high In this area due to the high student proportion of apartment dwellers in the area. Paul said there were two proposals for resolving this. Une would be Installing a yield sign and stop sign on Oak/Hickory. This would be less expensive but not very efficient. She other would ne to extend the median all the way beyond the joining point of Oak and Hickory and then converting Hickory and Oak j I I page 4 of 6 pages to one-way traffic eastbound and westbound, respectively, between 1-75 and Bonnie Brae. The small additional one-way length is 400 feet from Bonnie Brae to the west portion of the triangle. This recommendation would be more practical but more expensive. if bond funds are needed, it would be presented at the next C.I.P. planning session. Doug Chadwick asked if Paul had a cost estimate on the proposals. Paul said no. Paul said whatever is done would be based upon the commission's recommendation. Gene Gohlke asked if there had been a number of accidents at that location. Paul Iwuchukwu said there had not been any specifically at the merging point. Gilbert Bernstein asked if the City's Risk Manager requested this study. Paul said he did. Gene Gohlke said the median could be left like it was or with some type of temporary measure (stationary 1 poles) used until the median could be corrected. Mike Amador suggested changing the traffic flow to one-way on both streets. Gilbert Bernstein agreed. Joe Thompson said the signs for one-way traffic would cost less than $100. Gene Gohlke said closing the median might not be necessary later if the one-way traffic pattern worked. Paul Iwuchukwu said people could still make U-turns if the median opening is not closed. t John Tompkins said the citizens and businesses in the area needed a chance for input. I n Gene Gohlke said he saw no problem for the businesses. Virginia Gallian said she liked the idea of seeking 9 1 the opinions of the property owners. , Gilbert Bernstein recommended changing the agenda item to read as Mike Amador tad stated for one-way traffic and bring it back before the commission at the next meeting. In the interim$ all property owners are to be notified of the recommendation. i STAFF RECOMMENDEDt input from commission E 1i I , t i f f; i f E page 5 of 5 pages COMMISSIONERS: Asked that the item be brought back before the commission at its next meeting as an agenda item for one-way traffic at this location ITEM 16 APPOINTMENT OF CAPTAIN JIM DOTSON AS EX-OFFICIO i MEMBER OF THE TRAFFIC SAFETY COMMISSION: t } Paul rwuchukwu said that during. the November 2, 1987, Traffic safety meeting the j dea of having a permanent representative of the City Police Department as a non-voting member of t~.he commission was brought up. Commissioners and s'~afff all agreed its a good idea that would boost the effectiveness of the commission, E the police being' the enforcement arm of the City. Jerry Clark, City Engineer, pa-deb this information to Chief of Plolice, Michael W. Jez. Chief Jez has recommended. ,ihat Captain Jim Dotson, Patrol Division Commanderp"be considered for appointment. STAFF RECOMMENDED: Approval ` COMMISSIONERS: Gilbert Bernstein made a motion to accept Captain Jim Dotson as a representative on the CTSSC Commission. John Tompkins seconded the motion. Motion passed unanimously. ITEM #1 GENERAL BUSINESS: a. Vivian Edwards asked about the stacking on 135 at the south-bound exit ramp onto Loop 288 by the Mall. Joe Thompson said it was due to the design of the traffic signal by the State. Joe Thompson said Jerry Clark talked to the State about the signal design. He asked them to do another study but no response has been received. Vivian asked that staff calk to the State again. Paul Iwuchukwu said The signal was design, td for that intersection /find was not a standardized signal. Paul said he asked the State for a copy of the specs but;had not received it. Vivian Edwards asked about the north-bound traffic exiting o t\135 onto Loop 288 in relation k to the leap tuph mlvement onto Lillian Miller. She said o fly tllSSe le t lane can turn left but the right la7if traffic o cjsionally turns left too, She asked some meth~pd could be used to make it more clq to the drivers, Joe Thompson said they could paint some white dash lines indicating the traffic pattern and install directional signs. .f f page 2 of 4 pages Paul wuchukwu told the commission that there was nothing n the files indicating the loading zone. Staf thatf has owneMr for Heerbroughbritwo cancelled checks Based on that, taff recommended approval of the loading zone. STAFF RECOMMENDATION: Ap val COMMISSIONERS: Bruce C berlain made a motion to accept 1 loading zores as presented. Gene Gohlke seconded the m ion. Motion passed unanimously. Fjommendation FLOW AND SIFETY IMPROVEMENT AT THE HICKORY l iwuchukwu said this item was presented at the st CTSSC meetingB which was commissioners to staff, ' with area businesses and owners to seek their opinion on what to do with the merging area, staff yntactteed Tommy Morgan ' property owners and two were present. called on the phone. He was in support of staff recommendation of closing the whole area and making those two legs of the "Y" one way east bound and west bound. The manager of the apartments on the north side of Oak, Alton West Apartments, was present. The ender said those aps artments, pposedurdtock scalled taffs recommendation. l Cheryl Montague, Alton West Apartments manager came recommendation,saiTdhisthwouldwebe anppinconveniencetato I their residents. They were in favor of designating the area with one way signs and narrowing the open area in question. Roberts Dunsbach, Director of SPAN said they talked lieu h of r closing drivers the n area they entirely off. turn lanes in Vivian Edwards said there was two different recommendotions. Staff recommended closing the ! ( entire area and designating the streets on each side one way. The citizens wanted to partially close off i the area allowing turn lanes and designating each strer,t east/west bound one way. j asked Vivian Edwards Paul lwuchukwu if staff any feelings about partially closing the street 03 requested. i i 1 1 page 3 of 4 pages Paul Iwuchukwu said he did not have any opposition co their proposal. He said there were two ways to solve the problem. Ore was curb-and-gutteriig which would measure rather expensive. The other would o -;e yellow stripes and traffic buttonsorary STAFF RECOMMENDATION: COMMISSIONERS: (1)e deGohlke AgnateaOakaand motion with one way signs at the merging area between Bonnie Brae and 135 (2) to partially f block off the merging area allowing turn, e Virginia for Galltian turn. seconded the motion. Motion passed unanimously. ITEM f4 GENERAL BUSINESS: I a. Double left-turn at the intersection of Avenue E and Eagle Drive. Paul Iwuchukwu said staff had received a request from the NTSU Police department requesting a f double left turn onto Eagle from Avenue E. Paul said this is a high traffic area. Current studies show traffic backs up to West Prairie. The full study should be completed by the middle of December and when Avenue C has been opened longer, a more accurate study can be received. Signalization could solve the problem but until eking left turn on wouldarh help. staff a sedouble commissioners recommendation. Virginia Gallian asked if it would prohibit a people from straight if a making doulble a left h turn a Is adptedT going Paul Iwuchukwu said the left turns would be designated by painting dashes on the street showing rothe m turning turning rigpattern It won, ti ht or going straight~ohibit people f Bruce Chamberlain suggested designating Avenue E one way going south. Doug Chadwick asked how much traffic there was on the diagonal street in front of NISU Police Department. Paul said there is almost no traffic. He said this street traffic could cause confusion by traffic traveling north on it. 1 1 r~ I N 2207L i t NO. ` AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-WAY TRAFFIC FROM EAST TO WEST ON OAK STREET FROM ITS INTERSECTION WITH BONNIE BRAE STREET, TO A POINT 456 FEET WEST f OF BONNIE BRAE, AND FOR ONE-WAY TRAFFIC FROM WEST TO EAST ON HICKORY STREET FROM A POINT 456 FEET WEST OF BONNIE BRAE TO ITS INTERSECTION WITH BONNIE BRAE STREET; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); AND DECLARING AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f SECTION I, That Oak Street from its intersection with Street, is hereby restricted to one-way traffic travelling i east to west. SECTION 11. That Hickory Street from its intersection with Street is hereby restricted tot on456 e-way e traffic travelling west to east. SECTION 111. That when signs are erected giving notice thereo , any person g violating any of the provisions of this ord ty of finennotetohexceed Five Hundred Dollsdaremesanor($56and punished by a SECTION IV. That if any section, subsection, paragraph, sentence, cause, 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 sunh remaining portions despite any such invalidity. SECTION V. That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi- nance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. is 1 4 I r f~ - A 1998. PASSED AND APPROVED this the day of STEPH , i i i ATTEST: i i ~ I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY t e BY r z 4, r { t S ' t i t 4 f I I l 'i z I#' S 1 J i J V` I i -44 n~ IJ x DATE: February 22,19988 CITY COUNCIL REF-ORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING RATES FOR THE USE OF THE CITY'S :'UNITARY LANDFILL SITE REC010 ENDATION: Staff recommends approval of the ordinance setting $2.72 per cubic yard for waste received at the Landfill from contract customers and a rate based upon $2.72 per cubic yard for individual users. Automobiles and 1/2 ton pickup truck categories are excluded from this ordinance. SUMMARY: The ordinance seta the rate for Landfill contract customers at $2.72 per cubic yard. For individual users, the rate is based upon $2.72 per cubic yard at the upper end of the range for each category. A notice regarding the proposed rate increase and a public meeting to discuss t the increase was given to all landfill users over the past 1-1/2 weeks and a similar notice was mailed to all contract customers. Mr. Buck Hubbard was the only person who came to the meeting. Mr. Hubbard works for Lakeside Sanitation who uses our Landfill. Under other names, the same waste company serves several arean in the region. Mr. Hubbard is also the Mayor of Colleyville and chairs the Tarrant County Solid Waste Com.,_ttee created by the Tarrant County Commissioners Court. Mr. Hubbard said that he did not nsee for us to explain why we were proposing to increase rates, that he understood the cost associated with solid waste disposal. i Employees at the Landfill reported that most users were complaining that they could not afford the proposed rates, but these persona did not attend the meeting of February 23, 1988. I BACKGROUND: This rate increase along with the two-stage increase for Commercial Solid Waste customers is needed to enable the Solid Waste Division to become debt free upon closure of the Landfill. PROGRAMS, DEiARTMENTS OR GROUPS AFFECTED: Solid Waste collection and disposal, and all Landfill users. t f 3 2cw02:28813/1 4 I I .,r y 15 v 'w VOW -wor-w, CITY COUNCIL REPORT FORMAT a February 22, 1988 Page 2 FISCAL IMPACTt Decrease Landfill Revenues from contract and cash/permit customers. Respect full submitted, Lloyd V. Harrell City Manager Prepared by, arlea S. Watkins ' d Superintendent, Solid Waste Division , Approved byi Ell 4 % Director of Community Services 2cwO2228813 I l I i , 2cw02228813/2 ~I A w 1992L ti NO. AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the charges for the use of the City's land- 1 of chapter 1se of Ordinances section are herby established article 12 of the Cod as follows: A. Individual Users Charge Per Lvke rf Vehicle Vehicle Per Load ti 1 i 1. Pickup trucks with side boards and all other $ 27.20 vehicles with a carrying capacity in excess of 5 cubic yards but leas than 10 cubic yards 2. Vehicles with carrying capacity in excess of $ 40.80 10 cubic yards but less than 15 cubic yards 4. 3. Vehicles with carrying capacity in excess of $ 54.40 ~ j 15 cubic yards but less than 20 cubic yards 4. Vehicles with carrying capacity in excess of $ 81.60 ' 20 cubic yards but less than 30 cubic yards 5. Vehicles with carrying capacity in excess of $108.80 E° 30 cubic yards but less than 40 cubic yards 6. Vehicles with carrying capacity of 40 cubic $136.OJ yards or more 7. For the disposal of each vehicle tire, in $ 2.00 addition to the above charges { f + i I ' B. Regular Commercial Users The City Manager may approve contracts with private commercial collection service companies for regular use of the sanitary land- fill site at the following rates: Residential & commercial Barba a $2.72 cubic yard or $10.88/ton Rubbish trash) $2.72 cubic yard or $10.88/ton Uncompacted residential & $2.72 cubic yard or $10.88/ton commercial garbage All such contracts may contain such conditions of operation, dis- posal and delivery as necessary for the efficient operation of the landfill site and the method of billing and collecting for such k use. f SECTION II. Landfil& permits issued by the City prior to the effect vie date of this ordinance may be r-deemed for their face value. The customer lust pay the difference between the current rate and the face •:alue of the permit. The customer is not entitled to a refund if the face value of the permit exceeds the ; current rate. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. RAY STEPHEN$, ATTEST: j JENNIFER LER, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f BY: ~ 1 Si~ _.1~~ - j j i i i ,r all Ilollo-III R f I i I t { s I s I i i ~i s 22121. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, MAKING CERTAIN FINDINGS RELATING TO AND INVOLVING THE PROJECT OF THE TEXAS MUNICIPAL POWER AGENCY KNOWN AS THE COMANCHE PEAK STEAM ELECTRIC STATION AND ASSOCIATED FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A RELEASE AND COVENANT NOT TO SUE WITH RESPECT TO SAID PROJECT AND THE JOINT OWNERSHIP AGREEMENT TO 3 WHICH SAID AGENCY IS A PARTY; CONSENTING TO, APPROVING, AUTH- 9 ORIZING AND RATIFYING TWO AGREEMENTS BETWEEN SAID AGENCY AND TEXAS UTILITIES ELECTRIC COMPANY CONCERNING SAID PROJECT AND JOINT OWNERSHIP AGREEMENT AND THE ELECTRIC POWER AND ENERGY GENERATED AT SAID PROJECT; RELEASING ANY CLAIM AGAINST SAID AGENCY ON ACCOUNT OF ITS EXECUTION OF EACH OF SAID TWO AGREEMENTS BETWEEN SAID AGENCY AND TEXAS UTILITIES ELECTRIC COMPANY; APPROVING THE WITHDRAWAL UNDER CERTAIN CONDITIONS, OF SAID CITY'S APPROVAL OF SAID PROJECT; MAKING CERTAIN REPRESENTATIONS AND WARRANTIES; AGREEING TO BE BOUND BY, AND TO COMPLY WITH, THE NOTICE AND OTHER REQUIREMENTS SET FORTH IN AN ASSUMPTION AND INDEMNITY AGREEMENT EXECUTED BY TEXAS UTILITIES ELECTRIC COMPANY; AUTHORIZING THE DELIVERY OF CERTAIN CERTIFICATES OF THE CITY SECRETARY; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Texa,: Municipal Power Agency (the "Agency") was duly and validly created and established as a joint powero agency under Tex. Rev. Civ. Stat. Ann. art. 1435a (Vernon 1980) pursuant Lo the adoption of concurrent ordinances of the Cities of Bryan, Denton, Garland and Greenville, Texas (the "Cities") and the concurrent ordinance heretofore duly adopted by the City of Denton (the "City") in such connection has not been amended or repealed; and WHEREAS the City has heretofore entered into a Power Sales Contract, dated as of Septeaber 1, 1976, with the Agency (the Power Sales Contract") , which Fower Sales Contract is valid and binding upon, and legally enforceable against, the City; And WHEREAS, pursuant to Section 13 of the Power Sales Contract, j the City has approved the Comanche Peak Steam Electric Station as a Project and such approval has not been amended or repealed by the City; and ` WHEREAS, upon the approval of the Cities of the Comanche Peak Steam Electric Station as a Project, the Agency, on January 2, 1979, entered into the Joint Ownership Agreement Between Dallas Power & Light Company, Texas Electric Service Company, Texas Power & Light Company, Texas Utilities Generating Company, Texas t` r i ' t' Municipal Power Agency and Brazos Electric Power Cooperative, Inc., which Joint Ownership Agreement was subsequently modified in writing on June 1, 1979, and subsequently amended in writing on December 9, 1980 and February 12, 1982 (as modified and h amended, the "Joint Ownership Agreement"); and i WHEREAS, certain litigation is currently pending among the Agency, Texas Utilities Electric Company ("TU Electric") and Texas Utilities Company, being Cause No. 86-6809-A in the District Court of Dallas County, Texas, 14th Judicial District, styled "Texas Utilities Electric ComPao vim. Tex-La Electric Coo erative o~ exas nc. et al" , Cause No. 39 in the District ours o Travis county, exas, 98th Judicial District, ; styled "Tex-La Electric Coo erative of Texas Inc. and Texas Munici al Power Agency v. -Texas t t ea ectr_c ompany_ , an f Cause No. 83-29889 in trio str ct ourt o Harris county,exas, f 215th Judicial District, styled "Charles A. Atchison, et i1 v. `r Brown & Root, at al."; and V WHEREAS, the Agency and TU Electric have agreed to compromise and settle all of the claims, actions controversies, causes of action, disputes, demands and complaints between them in the above-referenced litigation as well as certain claims, actions, controversies, causes of action, disputes, demands and complaints concerning the Joint Ownership agreement, the Comanche Peak Steam Electric Station and certain properties associated with the Comanche Peak Steam Electric Station, all in accordance with and pursuant to that certain written Agreement between the Agency and TU Electric dated February 12, 1988 (the "Agreement"), Providing a for the eels by the Agency to TU Electric of the Agency s owner- ship interest in Comanche Peak (as said term is defined in the Agreement), an executed copy of which hag been reviewed by the City prior to the adoption of this Ordinance; and WHEREAS, as specified in Section 5,3(g) of the Agreement, the Agency and TU Electric have approved the form and substance of, into, a Power Purchase A reement (the and have agreed to enter "Power Purchase Agreement") providing for the sale by the Agency to TU Electric of the Capacity Entitlement and the EneL,y Entitle- ment Share (as said terms are defined in the Power Put^hase Agreement) generated at the Comanche Peak Steam Electric Station, a copy of which has been reviewed by the City prior to the adoption of this Ordinance; and WHEREAS, neither the Agency not the City is in default under k 11 the provisions of the Power Sales Contract nor has any event occurred nor does any condition exist which witt, the giving of notice or passage of time (or both) may constitute a default, which in either event would either adversely affect the Purchased Assets, as said term is defined in the Agreement, or prevent the consummation of any of the transactions provided for in the Agreement and in the Power Purchase Agreement; and PACE 2 i i I ~ k 4 r WHEREAS, for and in consideration of the agreements, under- takings, promises and covenants set forth in the Agreement, including without limitation TU Electric's agreement to deliver to the City a Release releasing certain claims TU Electric, Texas Utilities Compa.ry (the parent of TU Electric) and their subsidiaries and affiliates have or may have against the Agency and the City, and TU Electric's agreement to deliver to the City an Assumption and Indemnity Agreement under which TU Electric agrees assume certain obligations of the Agency under the Joint Ownership Agreement end to indemnify the Agency and the City I against certain claims, the Agreement stipulates that as a condition to the consummation of the Agreement the City will pass s this Ordinance and will execute and deliver to TU Electric a Release And Covenant Not To Sue in substantially the form set forth as Exhibit A to this ordinance and will otherwise consent to, approve and ratify the Agency's execution and delivery of the Aggreement, the other documents to be executed and delivered by tha Agency as set forth in the Agreement, and the Power Purchase Agreement; and WHEREAS, the Assumption and Indemnity Agreement referred to above (attached to the Agreement as an Exhibit, the form of which has been reviewed by the City prior to the adoption of this Ordinance) ccntains certain notice and other requirements to be performed by the City in the event that the City is notified of the commencement of any action or proceeding or the assertion of any claim with respect to which the City may be entitled to indemnification the-eunder or under the Agreement; and WHEREAS, the execution aria delivery by the Agency of the Agreement and the other documents to be executed and Delivered by the Agency as set forth in the Agreement and the adoption of this Ordinance and the execution and delivery by the City of the Release and Covenant Not To Sue in the form set forth in Exhibit A to this Ordinance and the execution and delivery by the Agency of the Power Purchase Agreement will not conflict with or result in any violation of, or constitute a default under, the City Charter of the City, any prior Ordinance of the City, or any material provision of any mortgage, indenture, lease, agreement (including without limitation the Power Sales Contract) or other instrument, including any revenue or other bonds or other obligation or other evidence of indebtedness, to which the City, { or any of the City's properties or assets, is subject or a party, or any permit, concession, grant, franchise, license, judgment, order, decree, statute, law, rule or regulation applicable to the f City of any of its properties or assets, or with the passage of time or the giving of notice (or both) may constitute a default thereunder, and the City has full, requisite power and authority to adopt this Ordinance and to execute, deliver and perform the Release and Covenant Not to Sue attached as Exhibit A to this Ordinance; and PAGE 3 I , iy r i WHEREAS, other than the adoption of this ordinance, no other consent, approval, authorization, permit, certificate or order of any court, tribunal or governmental agency or authority, Federal, state, county or municipal, is or will be required to permit the City to consent to, approve and ratify the Agency's execution and delivery of the Agreement and the other documents to be executed and delivered by the Agency as set forth in the Agreement and the Agency's execution and delivery of the Power Purchase Agreement and the City Council's adoption of this Ordinance and the City's execution and delivery of the Release And Covenant Not To Sue in the form set forth as Exhibit A to this Ordinance; and P x, WHEREAS, there are no obligation or liabilities, including with respect to any revenue or other bonds or other obligations or other evidence of indebtedness, of the City, whether accrued, absolute, contingent or otherwise, which TU Electric may become liable for or is assuming as a result of the purchase of assets ( provided for in the Agreement or in the Power Purchase Agreement or which may apply with respect to any of the said assets; and WHEREAS, the City Council has been advised that (i) reports of R. W. Beck and Associates, consulting engineers to the Agency, dated July 21, 1987, and February , 1988, include forecasts (based in part upon projections made by the City's Director of Electric Utilities) that the existing generating capacity of the Cities and the Agency, exclusive of the Comanche Peak Steam Electric Station, is expected to be sufficient to satisfy the peak demand and the reserve requirements of the Cities own electric distribution system through 1995• that additional generating capacity in lieu of the interest of the Agency in the Comanche Peak Steam Electric Station may be constructed or acquired by the time required to satisfy projected future increases in the requirements of the Cities' own electric distribution systems; and in essence that the subsuitution of such replacement capacity for the interest of the Agency in the Comanche Peak Steam Electric Station is not expected to result in any increase in annual combined carryingg and operating coats of the electric generating facilities of Cities and the Agency during the forecasted 10 year period; and (ii) that the disposition of the interest of the Agency in the Comanche Peak Steam Electric Station and any entitlements to electric power and 1 energy generated therefrom will reduce the amount of surplus energy available for sale to others by the Cities during periods of peak demand, unless additional generating capacity is acquired i or contracted for by the Agency; and WHEREAS, the Agency has also represented to the City Council that, subsequent to the disposition of its interest in the I Comanche Peak Steam Electric Station any entitlements to electric power and energy generated therefrom, and associated transmission facilities, it would be possible for the Agency to construct, E i i PAGE 4 i f I I i i` w I acquire, or contract for additional electric generating and transmission capacity in the amounts and by the time required to satisfy the projected requirements of the electric system of the City as well as the other Cities as contained in the aforesaid forecasts, provided that the facilities required to provide such capacity, or contracts for the purchase of power, if of the type which wou.d be classed as a Project under clause (iii) of the definition of such term in the Power Sales Contracts, are approved by the Cities pursuant to Section 13 of the Power Sales Contract, and I WHEREAS, the Agency has further represented to the City Council that at such time as TU Electric has performed its obli- ` f ations under the Agreement and Power Purchase Agreement, including the payments of all amounts due thereunder, that the Agency will, with the consent of the Cities, withdraw its prior approval of the Comanche Peak Steam Electric Station Project (it being understood that if the Agreement and the Power Purchase Agreement are terminated, the Agency may be required to resume payments under the Joint Ownership Agreement in order to avoid a default under the Agency's bond resolutions); and WHEREAS, the City Council has been advised that the provision of the Power Sales Contract, which have been considered as Living primary bearing upon the Agreement and the Power Purchase Agreement, are as follows: Section 3; Sale and Purchase of Power and Energy. i (a) Each City during the time this Section is applicable shall: (1) Purchase and receive from the Agency all Power and Energy which it shall require for the o eration of its electric system in excess of the amount (i) supplied by any generation and transmission facilities owned by it on the effective date of this Contract, including I generating and transmission facilities under construction on such date, and improvements or extensions of generating facilities which increase the Rated Capacity of same so long as the increase during any period of two successive Contract Years do not exceed 10% of the same's Rated Capacity at the beginning of such period, f provided the CIties and the Agencyy may, in writing, waive such 10% limit, and (ii) supplied from any generation facility primarily fueled I from and the construction and operation of which is incidental to the disposal of solid waste that is hereafter constructed and owned by one i PAGE S I 1 ~yp R or more of the Cities, together with any transmis- sion facilities that are necessary for the transmis- sion of Power and Energy therefrom; and * * Section 7: Rates and Charges: (a) The rates and charges of the Agency to the Cities for Power and Energy and for services supplied shall be: ! (1) non discriminatory, and ! i f (2) fair and reasonable, and be based upon the cost of providing the Power and Energy or providing the service with respect to which the rate or charge is based, and E (3) adequate (after taking into consideration other monies received or anticipated to be received) in each Contract Year to pay or make provision for paying Annual System Costs. Section 12: Covenants of the Agency. (b) The Agency shall use reasonable diligence to provide a constant and uninterrupted supply of Power and Energy hereunder, If the supply of Power and Energy shall fail, or be interrupted, or become defective by reason of force majeure as hereinafter provided, I the Agency shall not be liable therefor or for I damages caused thereby, I I * (d) The Agency covenants and agrees that it will operate, maintain and manage its System or cause the same to be operated, maintained and managed in an efficient and economical manner, consistent with sound utility practice and in accordance with standards normally used by utilities owning like properties. WHEREAS, it is now proper !or the City Council to roceed with the adoption of its Ordinance; NOW, THEREFORE, p THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC120N I. The recitals of fact contained in the preamble of E this--O-rdrn'ancE are found to be true and are adopted as a part of 1 this Ordinance and the judgment of the City Council. f PACE 6 i 1 i, I c F; SECTION II. (a) That the City Manager is hereby authorized and reds cted to immediately execute the Release And Covenant Not to Sue in the form attached as Exhibit A to this Ordinance and made a part of this Ordinance for all purposes. The performance of the obligations of the City under said Release and Covenant Not to Sue is hereby accepted as an obligation of the City. The City Manager shall cause the executed original of said Release And Covenant Not To Sue to be delivered to the General Counsel to the Agency to be held in escrow by him until the initial Closing Date referred to in the Agreement (the "Closing Date") as may be established (i) in the Agreement or (ii) by subsequent agreement j of the parties thereto; that the General Counsel to the Agency is authorized to deliver said Release And Covenant Not To Sue to TU Electric on the Closing Date when all of the other prerequit.ites for closing other than the delivery of such Release and Covenant Not to Sue of the Cities of Bryan, Denton, Garland and Greenville have been met or waived by TU Electric and the Agency; and, upon i delivery thereof., the same shall constitute the act and deed of i the City Council and the City or all purposes. (b) The acceptance of the responsibilities imposed upon the General Counsel to the Agency, as set forth in the preceding paragraph, shall be noted at the bottom of this Ordinance and shall be a condition precedent to the delivery of such Release And Covenant Not to Sue. It is provided, however, that such General Counsel shall refuse to deliver said Release And Covenant Not To Sue unless supplied with a certificate, dated the Closing Date by the City Secretary of the City that this Ordinance has not ;eon repealed or amended, which the City Secretary is hereby authorized and directed to deliver. SECTION III. (a) It is hereby found and determined that the exeL;T on o t e Agreement and the Power Purchase Agreement by the parties and the performance of the obligations of the Agency thereunder, including the series of sale transactions whereby all of its ownership interest in Comanche Peak and associated facilities, including without limitation the Fuel and Transmission Facilities (as said terms are defined in the Agreement) and the sale of the Capacity Entitlement and the Energy Entitlement Share (as said terms are defined in the Power Purchase Agreement), will not cause the Agency to be in violation of its obligations under I Sections 3(s)(1), 7(a), 12(b) or 12(d) of the Power Sales Contract with the City, these being the only pertinent Sections of the Power Sales Contract, and the City does hereby consfnt to, approve and ratify the Agency's execution and delivery of the Agreement and the Powcr Purchase Agreement to TU Electric, the consummation of the sales of the Purchased Assets (as defined and provided for in the Agreement) by the Agency to TU Electric and tho consummation of the other transactions provided for in the Agreement and the consummation of the sale of the Capacity Entitlement and the Energy Entitlement Share (as defined and PAGE 7 provided for in the Power Purchase Agreement) by the Agency to TU Electric. (b) The City hereby releases any claims that it has or may hereafter have against the Agency that the execution of the { Agreement and the Power Purchase Agreement by the Agency and the performance of its obligations thereunder would cause the Agency to violate the provisions of the Power Sales Contract, and warrants and stipulates that the Agency's execution of the Agreement and the Powur Purchase Agreement and performance of its obligations thereunder will not cause a violations of any of tht aforesaid provisions of the Power Sales Contract or any other agreement or instrument to which the City is a party. i (c) Nothing herein shall be construed as (i) releasing any t claims against the Agency except as provided in paragraph (b) of this section; (it) interfering with the discretion vested in the Hoard of Directors of the Agency; or (iii) approving any proposed Project under the Power Sales Contract, SECTION IV. The City Council hereby approves the withdrawal by tFe Agency of its approval of the Pro ect known as the Comanche Peak Steam Electric Station and associated facilities at such time as TU Electric has performed its obligations under the Agreement ant, the Power Purchase Agreement, including the payments of all amounts due thereunder, (it being understood that if the Agreement and the Power Purchase Agreement are terminated the Agency may be required to resume payments under the Joint Ownership Agreement in order to avoid a default under the Agency's bond resolutions). SECTION V. The City hereby represents and warrants that it has not ass geed and, as of the initial Closing provided for in the Agreement, will not have assigned any of the claims, actions, controversies, causes of action, disputes, demands and complaints which are subject to the Release And Covenant Not To Sue provided for in Section II of this Ordinance, SECTION VI. The City Secretary is hereby authorized and directs to a iver or cause to be delivered, at the Initial Closing provided for in the Agreement, a certified copy of this Ordinance certifying that this Ordinance as not been amended or repealed and a certificate with reaptct to (i) the incumbency of the City officials and their signatures to (a) this Ordinance and (2) the Release And Covenant Not To Sue provided for in Section 2 of this Ordinance and (ii) the due adoption of this Ordinance. SECTION VII. It is hereby officially found and determined that t e meet nq at which this Ordinance is passed is open to the public as required by law and that public notice of the time, ! place and purpose of said meeting was given as required. i PAGE 8 4 . 4 f SECTION VIII. The City hereby agrees to be bound by, and to comp Ty w t t.e notice and other requirements pertaining to the City as set firth in the Assumption and Indemnity Agreement. SECTION IX. That this ordinance shall become effective imme ate.y upon its passage and approval. PASSED AND APPROVED this the 1st day of March, 1988. RAY STEPHENSj MAYOR ATTEST: JERRIFER WALT-ER-Sl CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY S { If + BY, 4 The undersigned, General Counsel to the Texas Municipal Power Agency, hereby accepts the responsibility imposed upon him in Section It of the foregoing Ordinance. iM BAILEY JENERAL COUNSEL TO THE TEXAS MUNICIPAL POWER AGENCY M PAGE 9 i I f I 2244L EXHIBIT A t THE STATE OF TEXAS § COUNTY OF DENTON RELEASE AND COVENANT NOT TO SUE § For and in consideration of the agreements, undertakings, promises, and covenants of TU Electric, TUC, and their subsi- diaries, and affiliates set forth in the Agreement, including without limitation the contemporaneous delivery to the City by TU Electric of (1) a Release releasing certain claims which TU Electric, TUC, and their subsidiaries and affiliates, have or may have against TMPA and the City, and (2) an Assumption and Indemnity Agreement under which TU Electric agrees to indemnify the City against certain claims, the adequacy and sufficiency of such consideration being hereby acknowledged and confessed, the City, for itself and on behalf of any person or entity, private or governmental, clniming by, through, or under the City, including without limitation its or their respective insurers, agents, servants. employees, officers, directors, consultants, attorneys, and representatives, does hereby agree to the following: 1. DEFINITIONS As used herein, the following terms have the following meanings: A. "Agreement" means that certain Agreement dated February 12, 1988, by and between TMPA and TU Electric. B. "BEPC" means Brazos Electric Power Cooperative, Inc. 1 C. "City" means the City of Denton, Texas. D. `Comanche Peak" means the nuclear-fueled electric gene- rating facility under construction on certain lands situated in Hood and Somervell Counties, Texas and consisting of two units having a nominal capacity of 1,156 megawatts each and related properties, and is the aggregate and combination oft the Station, Fuel, and Transmission Facilities, and all other rightr and interests associated with or relating thereto. E. "Fuel" means the Comanche Peak nuclear fuel, irrespective of chemical and/or physical form, and the rights and interests related thereto. F. "JOA" means that certain instrument entitled on the cover { page thereof "JOINT OWNERSHIP AGREEMENT BETWEEN DALLAS POWER & i i LIGHT COMPANY, TEXAS ELECTRIC SERVICE COMPANY, TEXAS POWER & LIGHT COMPANY, TEXAS UTILITIES GENERA:'ING COMPANY, TEXAS MUNICIPAL POWER AGENCY AND BRAZOS ELECTRIC POWER COOPERATIVE, INC. FOR COMANCHE PEAK STEAM ELECTRIC STATION", executed on January 2, 1979, together with and as modified by that certain instrument entitled on the cover page thereof "Modification of Joint Ownership Agreement Between Dallas Power & Light Company, 3 Texas Electric Service Company, Texas Power & Light Company, Texas Utilities Generating Company, Texas Municipal Power Agency and Brazos Electric Power Cooperative, Inc.: For Comanche Peak I Steam Electric Station," executed on June 1, 1979, together with and as amended by (i) the Amendment of Joint Ownership Agree- ment, executed on December 9, 1980, between Dallas Power & Light ` Company, Texas Electric Service Company, Texas Power & Light ti I Company, Texas Utilities Generating Company, TMPA, BEPC, and Tex-La, together with and as amended by (ii) the Second Amend- ! ment of Joint Ownership Agreement, executed on February 12, 1982, between Dallas Power & Light Company, Texas Electric Service Company, Texas Power & Light Company, Texas Utilities Generating Company, TMPA, BEPC, and Tex-La. G. "Owners" means collectively TMPA, TU Electric, Tex-La, and BEPC, as owners of Comanche Peak in accordance with the terms of the JOA, or singularly any of such parties. H. "Project Manager" means TU Electric deeiignated and acting as such in accordance with the terms of the JOA. I. "Site" means approximately 7,669 acres owned (in fee or other estate or interest) by the Owners, as tenants in common, and located in Hood and Somervell Counties, Texas, J. "Station" means the Site, all improvements thereon (including Squaw Creek Lake and Park) and all fixtures and attachments thereto, as well as (i) all personal property thereon and associated therewith or related thereto and owned by the Owners, and (ii) all rights (tangible or intangible), and all easements and other interests of any nature associated therewith or related thereto and owned by the Owners, excluding, however, the Fuel, and the Transmission Facilities. K. "Subject Claims" means any and all claims, actions, con- troversies, causes of action, disputes, demands, and complaints a of whatsoever kind or nature and whether known or unknown. i' L. "Tex-La" means Tex-La Electric Cooperative of Texas, Inc. M. "TMPA" means Texas Municipal Power Agency. f R PAGE 2 T- r T t I t r N. "Transmission Facilities" means the Comanche Peak--Parker Switching Stetion 345 kV electrical transmission line approxi- mately 41 miles in length, and associated rights-of-way, equip- went, fixtures and personal property. 0. "TUC" means Texas Utilities Company, which is a Texas corporation and the parent of TJ Electric. r f P. "TU Electric" means T4aes Utilities Electric Company, which is a Texas corporation. , i 11. RELEASE Tne City, except as provided in paragraph V herein, for itself and on behalf of any person or entity, private or govern- mental, claiming by, through, or under the City, including without limitation its or their respective insurers, agents, servants, employees, officers, directors, consultants, attorneys, and representatives does hereby waive, release, discharge, renounce, and relinquish any and all Subject Claims relating to Comanche Peak which it has or they have or may have, whether known or unknown, contingent or absolute, including without limi- tation those based on common law, whether contract (expressed or implied including express or implied warranty) or tort (irrclud- ing without limitation, intentional tort, negligence or gross negligence, sole, joint, or concurrent) or strict liability or fraud, and those based upon any Federal, state, or local statute, law, order, or regulation, including without limitation the Atomic Energy Act of 1954, as amended, the regulations of the United States Nuclear Regulatory Commission, the Securities Act of 1933, as amended or the Securities Act of 1934, as amended, and any rule or regulation thereunder, the Texas Securities Act (Title 19, Articles 581-1, at se q., V.A.T.S.) and the Texas Deceptive Trede Practices an mer Protection Act, against TU Electric or TUC or both, in any capacity, whether indivi- dually, as the Project Manager of Comanche Peak, or otherwise, and their respective insurers, agents, servants, employees, officers, directors, shareholders, consultants, attorneys; and representatives, past and preset.t, and any and all of their respective successors, subsidiaries, and affiliates and their respective agents, servants, employees, officers, directors, i shareholders, consultants, attorneys, and representatives, past and present. III. COVENANT The City hereby covenants and warrants that it has not assigned any Subject Claims that are hereby released. PAGE 3 r i f i~ IV. COVENANT NOT TO SUE AND AGREEMENT t;OT TO CHALLENGE The City, except as provided in paragraph V herein, for itself and on behalf of any person or entity, private or govern- mental, claiming by, through, or under the City, including without limitation its or their respective insurers, agents, servants, employees, officers, directors, consultant, attorneys, { and representatives, does hereby covenant: (a) That it and they, individually, collectively, or in any combination, will forebear frcm asserting against, and never sue for or look for satisfaction with respect to, TU Electric or f ! TUC, or both, in any capacity, whether individually, as Project Manager or otherwise, and their respective insurers, agents, servants, employees, officers, directors, shareholders, consul- tants, attorneys, and representatives, past and present, and acy and all of their respective successors, subsidiaries, and affiliates and their respective agents, servants, employees, officers, directors, shareholders, consultants, attorneys, and representatives, past and present, with respect to any Subject Claim (including without limitation any Subject Claim against any contractor, subcontractor, supplier, consultant, vendor, or other person, firm, or entity in privity in any manner with any of them which may therefor or as a result thereof have a right over or Subject Claim in subrogation) in any manner involving, concerningg, arising out of, or relating to, the design, constructioi, management, and licensing of, or any other matter relating t), Comanche Peak and the management, procurement, conversion, enrichment, fabrication, shipping, transportation, and storage of the Fuel. (b) That neither it nor they, individually, collectively, or in any combination, will directly or indirectly challenge, con- test, or assert any complaint in any court or before any admini- -trative agency or body cr in any other forum whatsoever with respect to, or in any manner involving, concerning, arising out of, or relating to, Comanche Peak and the incident and attributes thereof including, without limitation: (1) the design, construc- tion, management, and licensing of Comanche Peak, or any other aspect thereof, (2) the costs and schedule of construction and completion of Comanche Peak, (3) the reasonableness, prudency, or efficiency of the planning, design, construction, management, and licensing of Comanche Peak, (4) the costs of construction and the schedule of construction and completion of Comanche Peak, (5) the reasonableness, prudency, or efficiency of the management, procurement, conversion, enrichment, fabrication, shipping, transportation, and storage of the Fuel, (6) the costs incurred in connection with the management, procurement, conversion, enrichment, fabrication, shipping, transportati-)n, PAGE 4 i f f; 4 . and storage of the fuel, (7) the breach of the JOA and any express or implied warranties arising out of the JOA, (g) any representation, misrepresentation, disclosure, or non-disclosure t in connection with the negotiations, or preceding the execution of the JOA, (9) in connection with the performance or nonper- formance by TU Electric of its duties, responsibilities, or obligations under the JOA as Project Manager or otherwise, (10) the failure of TU Electric to pursue any remedies, either at law or otherwise, that may be, or i•ay have been, available against any and all contractors, subcontractors, suppliers, consultants, vendors, or others with respect to Comanche Peak (including { sepparately the Station, Fuel, or Transmission Facilities), and (11) on account of at,ything that has occurred or may have occurred, in whole or in part, with respect to Comanche Peak (in- cluding separately the Station, Fuel, or Transmission Facilities) and the incidents and attributes thereof, and any of the fore- going whether known or unknown. V. EXCEPTIONS TO RELEASE, COVENANT NOT TO SUE,AND A(i1%EZ.:F"m NOT TO CHALLENGE The City specifically does not release, and specifically does not covenant not to sue with regard to, and specifically does not agree to not assert) challenge or contest with regard to. (a) Any Subject Claims arising out of or under the Agreement. or any of the other agreements or instruments delivered by TU Electric pursuant to the Agreement. (b) Any Subject Claims which could not have been brought in the Pending Litigation and which accrue on or alter the Date of Commercial Operation (as that term is defined in the JOA) and which are based upon the acts or omissions of TU Electric or the Project Manager other than acts or omissions in connection with the planning, design or construction (or the management thereof) of Ccaanche Peak. (c) Any defenses which the City has or may have to Subject Claims asserted against the City by any persons or parties whom- mative,reliefdhere hereunder against TUyElenot ctric, ~ TUC orp both, atheir successors, subsidiaries and affiliates, or its or their respec- tive insurers, agents, servants, employees, officers, directors, shareholders, consultants, attorneys and representatives. i (d) Any counterclaims which the City has or may have against any party other than TU Electric, TUC, or both, their successors, PAGE 5 i t subsidiaries and affiliates, or its or their respective insurers, agents, servants, employees, officers, directors, shareholders, consultants, attorneys and representatives being asserted capacity, with respect to any Subject Claims r both against the City by anyone other than TU Electric, iTUC ts or their their successors, subsidiaries and affiliates, respective insurers, agents, coservants, nsultants, employees, ysficerrs, attor and directors, shareholders, representatives. 1988, as duly ERzCUT£D this the day of I authorized by Ordinance No. finally passed and approved on the day lat day of March, 1988. THE CITY OF DENTON ,y. BY: L CITY MANAGER r 1 p t ATTEST: r a t, ECRETARY + JENNIFER W TERS, APPROVED AS TO LEGAL F'c'tM: f~ DEBRA A. gRAYOVITCH, CITY ATTORNEY t i BY: t I PAGE 6 l 9 l 7 Q j ' t h 3 t a i r I 2{~ i M 1 ' I 4 a I. 2231L i NO. _ AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 7, 1988, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO PLACES 5 AI4D 6 AND ELECTING A MAYOR TO PLACE 7, ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN SAID ELECTION; DESIGNATING t VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR ELECTION SUPPLIES; PROVIDING FOR NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY uF DENTON HEREBY ORDAINS: t SECTION I. Pursuant to the terms and provisions of Section 3.01 of the harter of the City of Denton, Texas, a municipal election is hereby ordered to be held in the City of Denton, Texas on the 7th day of May, 1988, for the purpose of electing the Mayor to Place 7 and Councilmembers to Places 5 and 6; In the event a runoff is required, such election shall be held on Saturday, the 21st day of May, 1988. SECTION II. The polls for said election on May 7, 1988, and nn tFe event a runoff election is required, on May 21, 19880 shall be open from 7:00 A.M. to 7:00 P.M., and the election voting places or polling places shall be as follows: 1. All qualified voters residing in Single Member District No. 1 shall vote at: AMERICAN LEGION HALL 629 LAKEY STREET DENTON, TEXAS 2. All qualified voters residing in Single Member District No. 2 shall vote at: f FIRE STATION NO. 4 2110 SHERMAN DRIVE j DENTON, TEXAS i I i f 1 9v1 F; i V 3. All qualified v,,, nrs residing in Single Member District No. 3 shall vote 3t: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS r 4. All qualified voters residing in Single Member District No. 4 shall vote at: 1 DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS SECTION III. The election officials for said election on May 7, fM,, and for May 21st, should a runoff be required, shall be as follows: 1. (a) R. B. Escue shall be the Presiding Judge and Barbara Fisher shall be the Alternate Judge at the Central Counting Station. (b) Joann Carbacik shall be the Manager of the Central Counting Station. (c) Randie Smith shall be the Tabulation Supervisor at the Central Counting Station. 1 2. Catherine Bell shall be the Presiding Judge and Lovie Price shall be the Alternate Judge at the American Legion Hall in Single Member District No. 1. 3. Doris Chipman shall be the Presiding Judge and Johnnie Allen shall be the Alternate Judge at the Fire Station No. 4 in Single Member District No. 2. 4. R. L. Speer shall be the Presiding Judge and Dorothy j Alderdice shall be the Alternate Judge at the North Lakes Recreation Center in Single Member District No. 3. 5. Barbara Fisher shall be the Presiding Judge and Maybelle Pickett shall be the Alternate Judge at Denis. Park Recreation Center in Single Member District No. 4. I i PAGE 2 i 1 F' 6. Jennifer Walters, City Secretary, shall conduct absentee voting under the Texas Election Code. i 7. R. B. Escue, Presiding Judge, Absentee Ballot Board. The respective Presiding Judge of each voting Place and the Central Counting Station shall be authorized to appoint a bilingual cassistants e assist sufficient them number in said feleClerks ction, a may deem as required by law. SECTION IV. Absentee voting shall be conducted for the run- election to be held on M Y 7, 1988 and, in the a enofothe City off for the election, May 21, 1988, by the Secretary in the Municipal Building on East McKinney Street in the City of Denton, Texas, and the polls for absentee voting shall be open for voting in person between the hour of 8:00 A.M. and 5:00 P.M. Monday through Friday during the times allowed for absentee voting, commencing April 18, 1988 and r ending May 3, 1988. SECTION V. That the Mayor is hereby directed to provide notice o sad election, and runoff election if necessary, n x accordance with Sections 4.002 (2) and 4.003 (b), aTexas pish Election Code, said notice to be printed in the Sp language and the English language, said posting to bs, not less than twenty-one (21) days prior to said election and said publication to be made not earlier than the 30th day before „ the election and not later than the 10th day before the r election. SECTION VI. The City Secretary is hereby authorized to prepare t e official ballot for said election and perform each and every act required by the Charter and laws of the State of Texas for holding elections. SECTION VII. The rate of pay for election judges and clerks shall be the maximum amount provided for by State law. SECTION VIII. That an electronic voting system, meeting 124 of the Texas Election Code ~ements the requiremer~ts of be used for said Chapter election. shall SECTION IX. That this ordinance shall become effective imme ate y upon its passage and approval. PAGE 3 ..1 e r t . PASSED AND APPROVED this the day of March, 1988. RAY E , MAYOR ATTEST: i JENNIFER WALTERS, CITY SECRETMEY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY a BY: i s: a~ f t PAGE 4 i r ,A ` I iY ~7ar„ S 8 ML-L I I a I I I 1 f 7 i i ' 4 5 r j 4 1 } 1 M~ ~ e III M1 f fl I f I ITT-TT11 I lip I I I I P111111 I I I I III[ I I 9FE t~ d DATE; February 24, 1988 s CITY COUNCIL REPORT FORMAT / 3 TO: Mayor and Members of the City Council FROH: Lloyd V. Harrell, City Manager SUBJECT: Adoption of an Ordinance approving an Interlocal Agreement between the City of Denton and the Town of Ponder for the holding and disposition of animals at the City of Denton Animal Control Center. RECOMMENDATION: The Staff recommends approval of the Ordinance. SUMMARY: This agreement provides for the holding and disposition of animals impounded and brought to the Animal Control Center by residents of the Town of Ponder. In addition, the agreement provides a current fee schee,ile for such services and places the financial obligation f-)r the fees on unclaimed animals on the k~ Town of Ponder. u f BACKGROUND: The City has entered into similar agreements with the Town of Ponder and Denton County. This agreement was requested and has been approved by the Ponder City Council k PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: 3 Town of Ponder City of Denton Animal Control Division E FISCAL IMPACT: 1 ` We would expect a slight increase in the division's :nnual revenues as a result of the new agreement. Respectfu ly submitted, } f arrel City anager 0 Prepared by: r ' i Bi 1 Ange o i Director of Community services Approved by i Y13111 Ange o Director of Community services lba02248811 ,r ~ .i JeA' 1 l: „ r1 2103L NO. A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF PONDER FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereay -approves an agreement between the City of Denton and the Town of Ponder for impoundment and disposition services for dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. RAY 9 MAYOR 1 ~ z ATTEST: JENNIFER T , CITY EMETARY 4' i e • APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i f 1 I J i i k JAN 7 1988 THE STATE OF TEXAS 5 NTERLOCAL COOPERATION AGPEEMENT 1:OUNTY OF DENTON S WHEREAS, the City of Denton, Texas and the Town of Ponder, Texas, are both municipal corporations with the authority and power to contracts and WHEREAS, the City of Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WFIEREAS, tl.e City of Denton is the owner of certain vehicles, facilities and equipment designed for the transporting, holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the Town of Ponder desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the Town of Ponder, Texas; and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, the Town of Ponder and the City of Denton mutually d^_sire to be subject to the provisions of Ter.. Rev. Civ. Stat. Art. 4413 (32c), Tne Interlocal Cooperation Act and contract pursuant theretot ' NOW, THEREFORE, the Town of Ponder and the City of Denton, for the mutual consideration hereinafter stated, agree as followsi I. A. COVENANTS OF THE CITY OF DLNTON 1. Holding of Dogs and Cats. The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the Town of Ponder and to accept and hold dogs and cats brought to and released to the Center from residents of the incorporated areas of the Town of Ponder under the following terms and conditions; j (a) Holding Period for Dogs and Cats. The City of Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released 1 PAGE 1 lac102687,5 N a, ti 4h 4 1 to the Center by the animal's owner, in order to allov tk.e owners of the impounded animal a reasonable amount of r_imo t to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the City of Denton and the animal will be held for adoption or humanely d•stroyed. 1, foals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. s (b) Holding Fees for smpounded Dogs. For the purposes of this ' Agreement, the City of Denton will charge Six Dollars ' ($6.00) per day holding fee "or each day that an animal is held at the Center. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. (c) Holding of Quarantined Animals. The City of Denton agrees to accept and hold rabid suspects in quarantine for the Town of Ponder when conditions permit, and such action is authorized by a representative of the Town of Ponder. (d) Holding Fees for Quarantined Animals. The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day ` for each ejy that the animal is held. (e) Head Shipments and Rabies Testing. Upon request of the Town of Ponder, the City of Denton will ;rovide for the I removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. F ` The fee for this service shall be Thirty-five Dollars ($35.00) for each head shipped. i A. COVENANTS OF THE W A OF PONDER it 1. Financial Responsibility. In order to reimburse t;.r City of Denton for its costs incurred under this Agreement, the Town of Ponder agrees to pay for the holding fees and euthanasia fees on • F all dogs and cats received from the incorporated areas of the Town of Ponder or its authorized agent if the animal (s) is not reclaimed by its owner. These fees will be assessed on the following basisa } PAGE 2 1AC10266125 Y 4 4 f F (a) Euthanized Animal $6.00 per day holding fee for four (4) days for each animal $24.00 $7.00 Euthanasia Fee 7.00 Total Fee $31.00 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24.00 (c) Head Shipments $35.00 1 2. The Town of Ponder agrees payment shall be made within forty-five (45) days of receipt of invoice by the Town of Ponder. II. The City of Denton agrees to and accepts full responsibility for the acts, r,:gligence, and/or omissions of all of the City of Denton's employees, and tgents, the City of Denton's subcontractors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of ) this agreement with said City of Denton. the Town of Ponder agrees to and f accepts full responsibility for the acts, negligence, and/or omissions of all of the Town of Ponder's employees, and agents, the Town of Ponder's subcontractors, and/or contract laborers doing work under an agreement or I contract with the Town of Ponder in performance of this agreement with the City 3 of Denton. Jt is further agreed that if claim or liability shall arise f.om the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to creete liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. III. ' i The fact that the Town of Ponder and the City of Denton accept certain responsibilities relating to the collection and impounding of dogs and rats under this agreement as a part of their responsibility for providing protection PAGE 3 lacI02697s'5 1 4 for the public health and welfare and, therefore, mai.es it imperative that the performance of the3e vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Ueither the City of Denton nor tae Town of Ponder waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions. IV, The term of the Agreement shall be for a ,>eriod of one (1) year commencing ar of October 1, 1987, and ending September 30, 1988. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October I of each year if the Town of Ponder and the City of 9entcn agree in writing on or before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement, upon thirty (30) days written notice to the other. l V. This Agreement represents the entire and integrated ,agreement between the City of Denton and the Town of Ponder and supersedes all prior negotiations, 3 representations and/or agreements, either written or rjral. This Agreement may be amended only by written instrument signed by both the City of Denton and the t 5 Town of Ponder. VI. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of t Texas. ( VII. s In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties 'hereto that the remaining portions shall remain valid and in full force and effect to the extent possi- ble. VIII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this PAGE 4 {I 1 1ac1020725 r , Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the j' day of 1981 -t-- - CITY OF DENTON BYr RAY STEPHENS, MAYOR ATTESTt JENNIFER WALTERS CITY SECRETARY APPROVED AS TO 'EGAL FORMS DEBRA ADAMI DRAYOVITCH CITY ATTORNEY BYr a yy-, `r TOWN OF PONDER, TEXAS BYt ATTESTt ` BYt iou~'te- APPROVED AS TO LEGAL FORMt ATTORNEY FOR TOWN OF PONDER, TEXAS B'f t { PAGE 5 { laclO26e725 t~ s N S S y r 1 y! p ~ i h i I 1 I FT-F III] I I i i r A 2245L i RESOLUTION NO. A RESOLUTION A:POINTING MEMBERS TO THE MAIN STREET COMMITTEE; AND PROVIDING AN EFFECTIVE DA'L'E. WHEREAS, the City Council, with the adoption of Resolution No. 88-004 on January 19, 1988, created and established a Main Street Committee; and WHEREAS, the City now wishes to appoint members to said Committee to carry out the charges set forth in Resolution No. 88-004; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the Main Street Committee shall initially cone st o t e following members: Cynthia Bell Bullitt Lowry Gevena Berg Bill McClellan Mike Cochran James Roden Floyd Hensley Betty Shaw Herbert Holl Connie Wells Judd Holt Bob Woodin SECTION 11. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of , 1988. RAY S1E , MAYOR ; ATTEST: JENNIFER WALTERSO CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I I i 4-44-W I I i x l -1 Ft 1 P~ I G'. ~r March 1, 1988 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL I FROM: Lloyd Herrell, City Manager CONSIDER RESOLUTION ENDORSING ENERGY COP 5ERVATION BUILDING STANDARD CODES RECOMMENDATION g February 10, 1988 at their The Public Utilities Boardt Council adoption oftsub}ect resolution. recommended to the City SUMMARY/BACKGROUND the auary 13 1988P The Public Utilities Beard consensus explr o ed11e t6oardJs nconcern, about 1 Meeting was t Inform the City o urge The Board inefficient heating and nd resulting high appropriate c) yiorganizations- urge the City Council to refer the issue to the appproP ID roved for reviewed the proposed Resolution on Februery , 1988, and approved to the City PROGRAMS,DEPARTMENTS OR GROUPS AFFECTED City of Denton Building Inspection and related boards and commissions, the agers and Utility building construction industry, apartment man customers FISCAL IMPACT lls and Ultimately, Utility customers sideflerred realize energy prod ctionY coasts d e alto rate payers should benefit by energy conservation. Respec y ubFta Lloyd i trel , ity eneger APP ~ b T. E. Nelsoon/, P.E. Executive Director of Utilities t Exhibit 1 Resolution 5347U:1 If a i 4 r F' 2230L i i RESOLUTION NO. A RESOLUTION i)Y THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; RECOMMENDING THE CONSIDERATION OF ENERGY CONSERVATION BUILDING i STANDARDS BY THE BUILDING CODE BOARD; AND PROVIDING AN k EFFECTIVE DATE. WHEREAS, over the past few years, several thousand apart- ments have been built utilizing electric resistance heat; and WHEREAS, some residential and apartment units do not have. optimum energy conservation construction; and WHEREAS, these factors result in utility customers receiv- ing high utility bills; and WHEREAS, customers appeal to city administrators who can generally only sympathize and explain the reasons for the high billing; and WHEREAS, there are more stringent energy conservation building standards available and used by many cities in Texas; and Y. WHEREAS, the Denton Public Utilities Board feels strongly and has recommended to the City Council that such energy conservation techniques should be considered for inclusion in the standards and codes for housing within the City of nenton; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City Council of the City of Denton does hereby 'recommend that energy conservation building stan- dards and codes, which will assure a comfortable environment at a reasonable coat, be considered by the Building Code Board. 1 SECTION It. That the City Secretary is hereby directed to forward a copqq of this resolution to each member of the Building Code Soard. SECTION III. That this resolution shall become effective imme3late-Iy upon its passage and approval. i ~I ~TX 'i \~6 l' s PISSED AND APPP,3VED this the day of 1988. RAY STEPHENS, MAYOR t ATTEST: JENNIFER ALTS , SECRETARY CITY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., f .l a i i 4 i I f rt i 1 I i r~ i i I it t EXCERPT MINUTES PUBLIC UTILITIES BOARD February 10, 1988 6. CONSIDER 'tESOLUTION ENDORSING ENERGY CONSFRVATION BUILDING AWTZW M ~ Meyer stated that this resolution is an attempt to bring the Board's concerns into focus. LaForte stated that he feels strongly that the Building Code Board should be involved in this process and the Resolution should so state. Nelson expressed the matterymithe ght be City efCouncil ae this shoul erred. that since perhaps more boards eto which decision LaPorte recommended the following changes to the Resolution: Paragraph 3: delete "excessively" Paragraph 4: delete in entirety Paragraph 6: delete "...should be a art of and replace i with "...should be cons _ere for possible inclusion in the Section I: This paragraph needs to be deleted and replaced with: "That we, the Public Utilities Board of the City of Denton, do hereby recommend that energy conservation building standards and codes which will assure a comfortable environment at a reasonable cost be considered, and" the After eneral esolution with discussion, the u above-recommended rhangs~ti Second by Chew. R items Paragraph 3A,o 6i and 1, but leave pathe minutes ragraph 4 intact. Second by Chew. LaForte made a motion again to strike paragraph 4. Motion died for lack of a second. LaForte made a motion to approve as amended :eaving paragraph 4 intact. Chew second. Laney called for a vote. All ayes, no nayes. Motion carried. i . i , i i 1 S. P F f 6 s j I i 3 i t i 4 I s i i f E I T k ~ i i n a CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council j FROM, Lloyd V. Harrell, City Manager R t SUBJECT. Loan from Utility Department . i r i RECOMMENDATION: ` r' Appruve resolution. y SUMMARY, The Utility Department will be providing us a loan to pay for equipment modifications made to the new recreation center. BACKGROUND: This loan will allow for the installation of gas heating equipment at the new center. j 111 s PROGRAMS, DEPARTMENTS OR GROUPS AFPECTED. i Utility Department, Parks and Recreation Department 1 n 1 FISCAL IMPACT: $120000 to he paid back over five years. RESPECTF LY SUSS:ITTED, L-A~ 10. Lloy . Harrell City Manager s Pre ared by: Name Steve Brinkman s Title Director of Parks and Recreation i:piar ved: Name Title f, i i t' , 1 r r r V t PATE: march 1, 1988 ry CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS Of TF tE CITY COUNCIL FROW Lloyd Harrell, City Manager SUBJECT: CONSIDER ORDINANCE AND LOAN DOCUMENT FOR PARKS DEPARTMENT FOR MARTIN LUTHER KING RECREATION CENTER HEATING SYSTEM. RECOMMENDATION, I The Public Utilities Buard, at their meeting of September 16, 1987, recommended to the City Council approval of a $12,000, five year @ 7.5% Interest loan, to the Perks epartment ceritel program to provide subject energy system for the Center. SUMMARYs I i ~ See attached memorandum to City Manager with analysis. PROGRAtiiS DEPARTMENTS OR GROUPS AFFECTEDs e, City of Denton Municipal Utilities, City of Denton, Perks Department, Finance Department, Citizens. 4f Respec fully submitted, s 4 to arrell, i y Men er a PREPARED & APPROVE[` BYs E. Nelson,' ecutive {radar 1 , Department of Utilities i Exhibit I Memo of 8/26/87 to Lloyd Harrell, City Manager b. It Analysis III Minutes PUB Meeting ct 9/14/87 IV Ordinance ' V Loan Document I 5089U s 12 T k' I i I i EXCERPT MINUTES-PUBLIC UTILITIES BOARD September 16, 1987 } 6. CONSIDER LOAN FOR THE PARKS DEPARTMENT FOR MARTIN LUTHER K1WT11 1; AFA TMTT>TA1'AT7Ai; Nelson introduced this item. Parks had proposed electric resistance heating. Electric Utilities encouraged a new, more economical pas fueled heating system and has suggested a loan to the Parks Department for such a system. The Utility Department Staff recommends approval of a $12,000, five year @ 7.5% interest loan, to the Parks Department capital program to provide this energy system for the Center. LaForte asked why the Parks Department planned for electric resistance heating in the first place. Nelson advised the i Utility had originally worked with the Parks Department on thermal storage and somehow got moved to saving money by using zone heating. Subject heating system is now planned to be a q a s furnace. The requested loan includes approximately $5000 to redo the engineering. The Board expressed that loaning money out is a most unusual policy. City government needs to run on taxes, not on utility rates. Staff stated this money is reserve capital; the Board feels the City Utility has a number of goals, but they do not want the loaning of money to become a general practice. chairman Laney called for a vote. Chew made a motion to advance a $12,000, five year loan at 7.5% interest to the Parks Department to be used solely for the new heating system at the Martin Luther King Recreation Center. Second by Thompson, All ayes, no nays, motion carried. The Board once again voiced their feeling that loaning Utility funds is a bad policy and not to he encouraged. Chairman Laney requested that staff check on all previous loan:: made to other Departments and make sure the Utility has baen reimbursed. Board requested a full report at next meeting. i i ,r r I F? CITY of DENTON DENTON* TEMS ?#Ro1 i MEMORANDUM O~ DATE: August 26, 1987 i TO: LLOYD HARRELL, CITY MANAGER FROM: R. E. Nelson, Executive Director of Utilities RE: Fred Moore Community Center •uuu■■uus■s■u■■■u■■r■s■■■u■u■~■u■■ur■uuuu■su■■suu■■ At a meeting today with Betty McKean and the Parks Department Staff, t Utility Department Staff and Gary Juran, Architect for the Fred Moore Center, it was concluded that an energy system other than resistance electric heat would be the most cost effective for the s Center. However, capital funds for zone heating and cooling plus a centralized energy management system are not available from the funds allocated for the Center. d I am recommending that the Electric Utility make a $12,0000 five year, 7.51 interest loan, to the Parks Department capital program to provide this energy system for the Center, The loan would be repayable at $2,966 per year for five (S) years from the Parks Department budget beginning in 1989. This almost equates to the annual operating savlils of $2,741 as per calculations in the Heating Cost Analysis rclort attached hereto. . With your approval, we will work with John McGrane to make these funds available from the Electric Department's budget, Respectfully, Re son, Executive rector Department of Utilities gcr cc: Debra Drayovitch, City Attorney Betty McKean, Exec. Director of Economic Dev. ' John McGrane, Exec, Director of Finance E!sie Tulios, Director of Electric Utilities HIS Attachment (analysis) 1 S0S7Us4 ,r i V i Y r DUPLICATE ' a" of DO"" Do"ON, Tme 7tlof MEMORANDUM M1 R. E. Nelson, Executive Director Department of Utilities nml Richard Rater, Energy information Specialist 1 DAT& August 10, 1987 11 SIAfJECI's Heating Coat Analysis - Martin Luther King Recreation Center I I t Having reviewed the haLir+B requirements for both existing recreation centers, t found that Dania required 9.74 BTU/aq,ft./HCD, and. North Lakes required 7.14 BTU/sq.ft./HDD, making North Lakes the more energy efficient of the two. Projecting the North Lakes figure to the 20,000 sq. ft. Martin Luther King Center, L arrived at a total heating regdxe- ment of 359.35mm BTU. To supply this heat entirely with natural gas would cost $1,610. To supply this heat entirely with heat pumps would cost $2,304, and to supply this heat entirely with resistance heating would cost $5,526. The gymnasium at the Martin Luther King Caster will occupy 301 of the total square footage (6,000 of 20,000) and will be heated with gas at a cost of $483. To heat the remaining 701 of the building with heat pumps would cost an additional $1,613. To heat the remAL-dng 701 of the building with resistance heating would cost an additional 3,868. Total cost with gas (302) and heat pins (701) would be $2,096. Total cost gas (301) and resistance heating (70X) would be $4,351. Commi.a Areas Total Diff. from 1 1 cost Cost But Diff. Coat Diff. Di.ff. Gas $483 $1,127 .0- .0- $10610 -0- •0- Heat Pump NA $1,613 $ 486 +46 $2,096 $ 486 +30 Resistance NA $3468 $2,741 +243 $4,351• $2,741 +170 i 41 i i} f A. E. Nelson August 30, 1986 page 2 nds analysis does not consider separate tasting zones for tto building Careful attention to the utilization of faits in various zones could saw sppr mdmtely 202 of the wAW required to heat the Coomnity Ares portion (702) of the building. Richard Foster Energy Information Specialist RlIRF081087003 a F CI ,R i k i 3 I S y . .,rte { f e; j o, r ( i i. f ~I 2001L i C RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE UTILITY SYSTEM FUND TO THE PARKS AND RECREATION DEPARTMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, over the years, the proposed Martin Luther King Recreation Center will save a substantial amount of money by installing the proposed heating system using zone heating rather k than resistance heating; and i WHEREAS, the Parks and Recreation Department does not have funds available in their budget and the Utility Fund to cover the initial cost of installing zone heating; NOW, THEREFORE, HE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the Executive Director of Utilities is author ze to transfer the sum of Twelve Thousand Dollars ($12 000.00) from the Electric Department cash assets of the Utility System Fund to the Parks and Recreation Department Fund. SECTION II. That the Parks and Recreation Department shall transfer ac to the Utility System Fund in annual installments of Two Thousand Nine Hundred Sixty-six Dollars ($2,966.00) over the next five years, commencing October 1, 1988. SECTION III. That this resolution shall become effective imme3late y upon its passage and approval. PASSED AND APPROVED this the _ day of March, 1988. i RAY 1 MI(YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f 1 BY: ,r i N t 4 1 t 6 i ~ r A r 4 t i i 1 f a~ MY of DENTON, rEXAS MUNICIPAL 8UILDINO / DENTON, TEXAS 78201 / TELEPHONE (817)888.8307 Office of the City Menegor M E M O R A N D U M T0: Mayor and Members of the City Council FROM Jennifer Walters, City Secretary DATE: February 26, 1988 SUBJECT: Back-up for Agenda Item t S.E. Upon the request of the Mayor. I checked with the University to verify if the Sigma Alpha Mu's were still a recognized organization on campus, 2achry Tucker, Activities Coordinator, informed me that neither the Sigma Alpha Mu's nor the Delta Lodge were recognized on campus. Thus the request for the Fry Street Fair is coming from a private club on campus, i e r. ~ J i er alters s 2727C/2 J i i i i t Growing in Grace Grace Temple Baptist Church 1 Ron relkmende, DMIn. Pastor Roger w.Hoan February 26, 1988 Associate Pastor t RaMaAlWdln k r MlrJsterof Musk To Whom It Mjy Concern: r W rerkno Mlnlster to Singles Da%4dNelson The Grace Temple Baptist Church of Denton, Texas, will not oppost! Knlsterto college the granting of permission for the holding of the Fry Street Fair. While we do not oppose, this is not to be construed as an endorse. a Rkkw9Ats ment of the fair or the activities that are held, The fraternities Mlrrtsterto Youth have proved to be good neighbors over the past two years, and have L1.Mhts been considerate in their timing and in cleaning up after the fair. a rector, Preschool- In light of this, we do not oppose. Daycare Minlstry Si rely, C p'I7 Ro aid L. Fellemende Pastor RF/bb S i f i 1106 West Oak Denton, Texas 76201 (817) 387.6137 4 i 0375L t t f RESOLUTION NO. UOE IL AND CLOSING HICKORY R STREET STREET ON BETWEEN SUNDAY, T APRIL INTER- SECTION OF OAK STREET 17, 1988, AND PROVIDING AN EFFECTIVE DATE- WHEREAS, on Sunday, April 17, 19880 the Delta Lodge is on Fry Street between sponsoring the intersecton of Oak and Hickory-, h and b WHEREAS, all abutting property owners of the street have given their permission to the temporary closing of said street; and WHEREAS, the Spring Renaissance is open to the general public of the City and County of Denton; and WHEREAS, in order to provide adequate space for the said Renaissance and in order to protect the safety of citizens who attend, the City Council of the City of Denton deams it is necessary to temporarily close a portion of Fry Street between THEREFORE; A.M. until 17t 1988; t hours of Oak 00 S P M.=t or and Hckry Suday, April Stree from BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Fry Street between Oak Street and Hickory Streeter be temporarily closed as a street or public thoroughfare of any kind or character whatever on Sunday, April 17 1988 from 7:00 A.M. until 7:00 P.M. for the purpose of by the Delta Lodge; however, holding fthe Delta ollowing po ditionsiare Renaissance that t 1. The Lodge will provide someone to help keep the parking lot clear of non-church members; 1 2. That the Lodge will clean up after. the Spring Renaissance; ` and 3. That no music will be played until 12.15 P.M. SECTION II. That the City Manager shall direct the appropr a e y Department to erect barricades at Fry Street, from the intersection of Oak Street and the intersection of Hickory emoved et, 7 at 7iOO 00 P.MAon • said April 17, 1988' and to have the same r i date. I .r i N f 8 SECTION III. That in the event of rain, said strAet may be close on un a2 -yo AApril 24s 1988. SECTION IV. That this resolution shall take effect and be in fTl-76-rce and effect from and after the date of its passage and approval. E PASSED AND APMOVED this the day of March, 1988. RAY STEPHENSO MAYOR t ATTEST: t APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I W PAGE 2 tit: • s i A 4 f t ,f i 1 mill I~ J ( ~a CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 566.8100 MEMORANDLM DATE: February 25, 1988 TO: Lloyd Y. Harrell, City Manager FROM: John F. McCrane, Executive Director of Finance SUBJECT: JANUARY BUDGET REPORT General Fund revenues through the month of January totalled $12,673,1;45.17. Once again revenues were tracking at approximately the same level as reported for ! October, November, and December. One major exception is sales tax collections. The amount received for January was $683,542.00. This is $6,187,00 lass than was budgeted for the month of January. Year-to-date figures for sales tax receipts are $50,612.00 above budgeted estimates. The other major revenue source to the General Fund is the Ad Valorem tax. Total tax collections for the month of January, both current and delinquent, were $4,677,205.02. Collections for the period are about 2,5% ahead of the same period last year, The General Fund expenditures .rod encumbrances for the first third of the fiscal year totalled $8,159,411.49. This is thirty-five (35%) percent of the total General Fund budget of $22,769,226.00. Most departments are at a thirty-three (33%) percent spending level with a few exceptions. The following list indicates the department or division and its total expenditures and encumbrances as a percent of its annual budget. Municipal Court Judge 20% LiLrary Adult Services 34% Legal Administration 35% Library Childrens Services 33% Engineering 34% Operations Analysis 31% Inspection 34% Personnel 36% Transportation Engineering 32% Word Processing 45% Public Works Administration 34% Data Processing 33% Public Works Street Patching 38% Finance Administration 32% Public Works Street Sweeping 33% Finance Purchasing 33% Public Works Street Const. 29% Finance Customer Service 26% Public Works Street Lighting 33% Finance Cashiering 36% Emergency Management 26,1 Finance Accounting 28% Airport 31% Finance Tax 43% Animal Control 31% finance Municipal Court Clerks 26% General Government 30% Planning d Community Dev, 28% Municipal Serv./Economic Dev. 2g% Fire Administration 34% Parks A Recreation Admin. 33% Fire Operations 36% Recreation 33% Fire Prevention 37% Park Maintenance 31% Police Administration 33% Building Operations 55% Police Criminal Investigation 37% Library Administration 32% Police Administrative 36% Library Support Services 32% Police Patrol 12% J _ T T 1{ V Merto to Lloyd V. Harrell February 25, 1988 Page 2 I Of those areas being at a greater percentage of thirty-three (33%) percent, the following are some of the reasons for the large percentage. Legal administration in its special services account particularly, for outside legal fees, has expended or encumbered $12,424.00 which is eighty-two (82%) percent of its budget. Public Works street patching has expended forty-two (42%) percent of its streets, curbs and gutters account, and is at thirty-seven (37) percent of its personal services budget. Building operations has a number of special services and maintenance items which have been encumbered for the full year. An example is in rental buildings; $139,002.00 has been obligated or expended within a budgeted amount of $156,608.00. The Personnel department has expended seventy-seven (77%) percent of ` its supplies category, thirty-six (36t) percent of its services category and forty-nine (49%) percent of its awards category. Word processing has spent thirty-six (36%) percent of its personal services category, and ninety-five (95%) percent of its office machines category. The Cashiering division has expended thirty-six (36%) 1 services category, and eighty-six (66%) ercent Percent of its personal E The tax office has spent fifty-three (53%) percent foftitspcollectioniexpenseewhich is the attorney's fees for delinquent tax collections which is a pass through amount. Fire operations has spent thirty-seven (37%) percent of its personal services budget and forty-eight (46%) percent of its maintenance budget. Police criminal investigation has spent thirty-eight (38%) percent of its personal services budget and fifty (60%) percent of its supplies category. Police administrative has spent sixty-fou.- (64%) percent of its services category which would in,1ude special services, travel, and schools and seminars. I appreciate your prior request of department heads to review and monitor departmental budgets in order to ensure budget conformance. At this point in time, the majority of the items within the budget appear to be tracking pretty much on line with some over expenditures being offset by under expenditures in other divisions. The numbers do include encumbrances that tend to skew the percentages to some degree. For example, if a large encumbrance is entered for a full year, it would hit in that reporting period and would track through the entire year until expended. If you need any additional information regarding this matter, please advise. Ly j o n crane E s. JFMcG:af 3245F f r r E ~y I j E N E I i i FILE i { 1 ~ f ~r I r i 1 r J