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HomeMy WebLinkAbout05-10-1988 AGENDA CITY OF DENTON CITY COUNCIL May 100 1988 Special Called Meeting of the City of Denton City Council on Tuesday, May 109 1988, at 7:00 pm, in the Counc!1 Chambers of City Hall at which the following items will be considered: 7:00 p.m. t 1. Resolutions A. Consider approval of a resolution approving the temporarily closing a portion of North Lake Trail between Auburn and Bowling Green for the purpose of a neighborhood block party. 2. Ordinances i A. Consider adoption of an ordinance approving a contract for purchase of land for the new Ray Roberts Water Treatment Plant. B. Consider adoption of sn ordinance approving an agreement between the City of Denton and Tippett and Gee, consulting engineers to perform a relay coordination study. C. Consider adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election held in the City 0f Denton on May 7, 1988. 3. Adjournment i Special Called meeting of the City of Denton City Council on Tuesday, May 10 1988 in the Council Chambers of City Hall at which the following items will be considered: 1. Oath of office administered to newly elected Council Members. 2. Election of a Mayor Pro Tempore. 3. Miscellaneous matters from the City Manager. 4. New Business This item provides a section for Council Members to suggest items for future agendas. .J i 6.' " N I City of Denton City Council Agenda May 10, 1988 Page 2 c " S. Executive Session: A, Legal Matters Under Sec, 2(e), Art. 6152-17 II V.A.T.S. F B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Consider acquisition of property for wastewater treatment plant expansion. C. Personnel/Board Apppointments Under Sec. 2(g), ` Art 6252-17 V.A.T,S, r 1. Consider appointments to the Low/Moderate Icy Income Housing Task Force. ' 2. Consider appointments to the Solid Waste 1 Blue Ribbon Committee. 3. Consider an appointment to the Building Code Board. Study Session 1. Hold a discussion regarding the proposed amendment of Articles 4.01 through and including Article 4.06 of Chapter 1V of Article III of Appendix A (Denton Development Code) of the Code of ordinances to provide for new and amended regulations and requirements for strerts, driveways, parking lots, and sidewalks. C E R T I F I C A T E 7 I certify that the above notice of meeting was posted on the bulletin bar at the Cit all of the City o De n, Texas, on th day of , 1986 at o'clock p.m S R ART 2907C i i SUPPLEMENTAL AGENDA j CITY OF DENTON CITY COUNCIL May 10, 1988 Special Called Session of the City of Denton City Council on Tuesday, May 10, 1988, in the Council Chambers of City Hall at which the following item will be considered: ll 1. Executive Session; i A. Legal Matters Under Sec, 2(e), Art. 6151-17 V. .T.S. 1. Consider possible litigation against f Maverick Aircraft. ~ C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin b ar a the Cit all of the City of a ton, Texas, a the day of 1988 at 0 o'clock (aim.) p.m. &-A M1 , UlybURPTARY 2906C y s i r J' 6 i SUPPLEMENTAL AGENDA CITY OF DENTON CITY COUNCIL May 10, 1988 i Special Called Session of the City of Dent,,n City Council on Tuesday, May 10, 1988, in the Council Chambers of City Hall at which the following item will be considered: C 1• Executive Session: A. Legal Matters Under Sec, 2(e), Art. 6251-17 I V.A.T.S. 1 j( 1. Consider possible litigation against Maverick Aircraft. C E R T I F I C A T E F I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the p.m. day of , 1988 at o'clock {a,m. IIi 2906C 1 I E i r ~f i za„ i t, E N AGENDA CITY OF DENTON CITY COUNCIL May 10, 1986 Special Called Meeting of the City of Denton City Council on Tuesday, May 10, 1966, at 7:00 p,m, in the Council Chambers of City Hall at which the following items will be considered: ~ 7:00 P.M. 1. Resolutions i A. Consider approval of a resolution approving the temporarily closing a portion of North Lake Trail between Auburn and Bowling Green for the purpose of a neighborhood bleck party. E l E 1. Ordinances $ I A. Consider adoption of an ordinance approving a contract for purchase of land for the new 'ay Roberts Water Treatment Plant. B. Consider adoption of an ordinance approving an I f agreement between the City of Denton and Tippett and Gee, consulting engineers to perform a relay I coordination study. C. consider adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election held in the City of Denton on May 7, 1966, f 3. Adjournment Special Called meeting of the City of Denton City Council on Tuesday, May 10 1986 in the Council Chambers of City Hall at which the following items will be considered: 1. Oath of office administered to newly elected Council Members. 2, Election of a Mayor Pro Tempore. 3. Miscellaneous matters from the City Manager, i 4. New Business This item provides a section for Council Members to suggest items for future agendas. ,r r i i I City of Denton City Council Agenda May 10, 1988 j Pago 2 5. 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 V.A.T.S. 1. Consider acquisition of property for wastewater treatment plant expansion. C. Personnel/board Apppointments Under Sec. 2(g), Art 6252-:7 V.A.T.5. 4 1. Consider appointments to the Low/Moderate Income li:using Task Force. 2. Consider appointments to the Solid Waste Blue Ribbon Committee. I 3. Consider an ippointmont to the Building Code Board. Study Session 1. Hold a discussion regarding tha proposed amendment of Articles 4.01 through and including Article 4.06 of Chapter 1V of Article III of Appendix A (Denton Development Code) of the Code of Ordinances to provide for new and amended regulations and requirements for streets, driveways, parking lots, and sidewalks. C h R T I F I C A T E I certify that the above notice of meeting was posted on the ! bulletin board at the City Hall of the City of Denton, Texas, i, on the day of , 1988 at o'clock p.m. C1TSECRETARY 2907C i I . IY I 1 I I Y 1 4 i i { I ' I f 1 ~ I i I t i i I y I y 2320L j RESOLUTION NO. A RESOLUTION TEMPORARILY CLOSING NORTH LASE TRAIL ON MAY 22, ` 1988; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Jim Engelbrecht representing the residents of North Lakes Neighborhood Association has reque=ted that North Lake Trail, from its intersection with Auburn to its intersection with Bowling Green, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 1:00 p.m, to 8:00 p.m. on May 22, I 1988) for the purposa of having a block party; and WHEREAS Jim Engelbrecht representing the residents of North I Lakes Neighborhood Association has assured the City Counct.l that all residents in such block have agreed to the temporary closing of North Lake Trail; NOW, THEREFORE, BF. IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That North Lake Trail, from its intersection of Auburn to is intersection with Bowling Green, a public street in the corporate limits of the City of Denton, Texas, be temporarily from the hours of 1:00 .m. to 8:00 closed to vehicular traffic P a-„ 1 p.m. on May 220 1988, for the purpose of having a block party. a SECTION 11. That the City Manager shall direct the appro- r`r priate ty epartment to work with the North Lakes Neighborhood Association to erect barricades at North Lake Trfrom its intersection of Auburn '.o its intersection with Bowling Green, at qty 1:00 p.m. and to have t,j same remoFed at 8:00 p.m. on said date. PASSED AND APPROVED this the day of _ , 198B. . 97 , ATTEST: 4 APPROVED Ar TO LEGAL FORM: i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: /10-z j L ' d 1 , i l' REQUEST FOR BLOCK PARiT S STREET CLOSt1RE Organization requesting street closure: NORTH LAKES NEIGHBORHOOD ASSUCIATION i Address: 2313 North Lake Trail, Denton, TX 71-201 Phone number: 387.3626 i COntACt person: Sheila backer 387.36261 Joan Kluck 387-51241 Jlm Engelbteeht 565 01 04 Date and time of street closure: Nay a, 1988 1 00 1 p.m.-8100 p,m. Place of closure: North Lake Trail between Auburn and Bowling Green Intersecting streets: A11bLtn and Bowling Green Reason fol closure: Block Part We, the neighbors of North Lake Trail between Auburn and Bowling Green on_ aY o not o ect to a oc party Orr the North Lakes Nei hborhood Aaaoclatlon, Name, Address 2. f 3 3. ~ . 3 d ~ i 6 y 8• ( 7 ~ -I~fl y'~ r r 104 ; Sl1 :~2 ~i ter, /4 27260%✓~„~/; r 14, L z~~ i ~ ~ c ~ f4'~n,. `per,, ~7iC.'`J N ~ 6~ ~f •--f,V'. ,9 i 40, lict (/Q►CGr~ c,~ o700 ,Cake r I i i I a l k F 5 l i ~ i i A[ Y k+ay lO, 1988 CITY COUNCIL AGENDA I1EM TO: MAYOR AND K WERS OF THE CITY LOUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER LONTRACT FOR PURCHASE OF LAND FOR THE NEh RAY ROBERTS hATER TREATMENT PLANT, APPROXIMATELY 31 ACRES FROM ONEITA NEBLETT (Seller), $174,000. t ( RECOM4ENDATION: The Staff recomme,,is to the City Council, approval of subject contract. 4 SLMMARI: r Pursuant to the approval by the City Council to proceed, the Staff has been working with Ms. Neblett and Mr. Coulter for approximately 79 acres of 19nd. Ms. Neblett has sinned the contract to sell 31 acres at still negotiating $4,000 per acre. The Staff is with Mr. Coulter, From the date of signing this contract, the City will have ninety (90) days to verify the survey and sail conditions. The Staff has already initiate) this work. BACKGROUND: The proposed pvrcnase is necessary for the construction of the Ray Robirts water treatment plant and 79 acres is sufficient to expand the plant to IUO million gallons per day (%D), The initial capacity will be, however, lU MGD. PHOGAAMS CEPAkTMCNTS OR GROWS AFFECTED: City of Denton, Ms. Neblett, Legal Department. FISCAL IMPACT: Estimate total land purchase $600,000 31 acres Neblett property (31 x $4,000) 124,000 Balance available for 49 acres (Coulters) and lU acres (Vaughn- Booster Pump S?te) $476,000 Source of Funds: hater Bonds 623-008-0460-9101 _ R 1 T Page 2 i Resp Lloy Harrell, city Ma alter Prepared by, Z avid Ilam, Director y i Later/Wastewater Utili~ Approved by, -R. a ecu ve D recEor Department of Uti..ties £xhiuit I i' oposed contract II Location Map i a I• y A { WW.-1-2 f 5^ Ya ti r 2298L THE STATE OF TEXAS § CONTRACT FOR PURCHASE OF REAL COUNTY OF DENTON § PROPERTY 1. Parties. JAMES R. NEBLETT and wife, ONEITA NEBLETT r (Seller agrees to sell and convey to the CITY OF DENTON, 1 TEXAS, a municipal corporation of the State of Texas (Buyer), the property described below. 2. Property. Seller agrees to sell to Buyer all that certain real property (the Property) situated in the City of Denton, County of Denton, State of Texas, described in Exhibit A , attached hereto and incorporated herein by reference; provided, however that the parties recognize that no current i survey of the Property exists and that because of various sales transactions involving the original tract of which the Property is a part, the exact acreage included within the Property owned by Seller to be conveyed may be more or less than the acreage as described herein, and the parties agree that the exact acreage and the boundaries of the Property which is to be conveyed hereunder to Buyer shall be hereafter determined in accordance with a current survey performed as provided herein. 3. Escrow A ent. Title USA Insurance Corporation of 531 North Locus t treet, City of Denton, Texas, is hereby designated as escrow agent and the Purchaser, on execution of this agreement, shall pay the escrow fee, if any. 4. Contract Sales Price. The total sales price for the Property shall be our T ousand Dollars ($4,000.00) per acre, which sum shall be the sole compensation due Seller for any and all claims of any description whatever arising out ofd the Buyers acquisition or use of the property for public purposes. The total sales price for all of the acreage included in the Property shall be determined by applying the per acreage price to the total acreage included within the property owned b Seller in the Property obtained as provided cherein. a cThee total rvsales price is to be paid to the escrow agent as follows: (a) One Thousand Dollars ($1,000.00) on the execution IE ! of this contract by both parties, as earnest money. (b) The balance in cash or certified or cashier's check at closing on delivery to the escrow agent of a general r warranty deed with full covenants, duly executed in proper form for recording so as to convey to the Buyer a ood and marketable record and title to the Property free and clear of all recorded and unrecorded liens, assessments, leases, taxes, and encumbrances, restrictions, and conditions, except public easements and rights-of-way of record. PAGE ONE f it r w i j SELLER I BY: l AMES R. BLE B f : Vix t~~te/ ~~t~ tc NIT NEBLETT- THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of 1988 by Ray Stephens, Mayor of the City of Denton, exas, a unicipal Corporation, on behalf of said Municipal Corporaticn. r i NOTARY PUnTC, OF TEXAS~ My Commission expires: THE STATE OF TEXAS § { COUNTY OF DENTON § { This instrument was acknowledged before me on the i r day of _ 4p,: 1988 by James R. Neblett. i Dc noId (zz trrlnp ! j A&4"F(f$ , STATE O*-TEXAS i My Commission expires: L4B~- i PACE FOUR I N r i CNE STATE OF TEXAS § COUNTY OF DENTON This instrument was acknowledged Neblett me on the 1q- 1988 by Oneita a- day of Ic My Commission expires: 0 h~►~ 2298L E f i t , 1 r i i i t i } i 1 r + 3 j ,i r PAGE FIVE i i } ii I f "EXHIBIT A" Being out of the Sylvester Williams Survey, Abstract No. 1322, and being a part of a 250.23 acre tract described in a deed from the John Hancock Mutual Life Insurance Company to Lonnie Moseley, as shown of record in Volume 294, Page 199, Deed Records, Denton County, Texas, and being more particularly described as follows, to-wit: BEGINNING at a stake for corner to the North boundary line of a public road, 16.0 feet north of the most southerly southeast corner of said 250.23 acre tract; THENCE north with the most easterly east boundary line of said tract, 2242.0 feet to a stake for corner in the south boundary line f o the Martha Langston Survey and the north boundary line of said Sylvester Williams Survey; T Survey, HENCE west with the north boundary line of said Williams boundary line of said Williams ~Susaid rvey corner and the so thwest econorth rner of said Langston Survey; THENCE south 2242.0 feet to a stake for corner in the north i boundary line of said public road; THENCE east with the north boundary line of said road, and f arallel and 16.0 feet north of the south boundary line of said 250.23 acre tract, to the place of beginning, containing 50.82 acres of land; SAVE AND EXCEPT THE FOLLOWING TRACTS: 1. O ne (1) acre of land deeded by James R. Neblett et ux, Oneita JJanuary 31, Neblett recorded in 1Volumeli4990 page deed 7, dated Deed Records, Denton County, Texas. 2. Two (2) acres of land deeded by James R. Neblett et ux, Oneita Neblett to J.A. Boyd by deed dated May 12, 1980, recorded in Volume 1016, Page 116, Deed Records, Denton County, Texas. 3. Three (3) acres of land deeded by James R. Neblett et ux, Oneita Neblett to Gary F. Moerbe by deed dated January 12, 1981, recorded in Volume 1055, Pabe 5, Deed Records, Denton County, Texas. 4. Two (2) acres of land deeded by James R. Neblett et ux, Oneita Neblett to J. Thomas Hinton and Diana Leslie Troutt by deed dated February 20, 1981, recorded in Volume 1061, Page 546, Deed Records, Denton County, Texas. 5. 2.840 acres of land deeded by Jamea R. Neblett et ux, Oneita Neblett to Jack Tillery by deed dated May 7, 1981, recorded in Volum. 1076, Page 252, Deed Records, Denton County, Texas. i 6. Two (2) acres of land deeded by James R. Neblett et ux, Oneita Neblett to Thomas Lee Long by deed dated May 6, 1982, recorded in Volume 1141, Page 829, Deed Records, Denton County, Texas. 7. Two (2) acres of land deeded by James R. Neblett et ux, Oneita Neblett to Merle Lynn Soltis by deed dated April E 29, 1982, recorded in Volume 1143, Page 104, Deed Records, i Denton County, Texas. z. 8. That portion lying within the Sylvester Williams Survey as described in Judgment on Declaration of Taking to United States of America dated July 15, 1981 recorded in Volume 1091, Page 27, Deed Records, Denton County, Texas. 2298L r 4 1 ~I f t { P 1,11 ,r'9 y *J } k IW e r i i \T P r USA P~+ v ' UJSA ~4.p anRtly NARRl1 S y pP~O p~ USA yAy USA 014) Aa \ ,~9 USA USA 4Qy'L^0 P { O P\ Pti 03~ iff•0, ` P f• P i P`'L ~aP 9 Y Y Oa 4, ^p P va N yh C y h UYA 12 P { 1114 61p `J~y(o y1 k h i i A 6 fYW{AA r 31 ACRE= usA NtwL!?T PROrEATY w tiwr. 455 `p+ 1 a + 1ffA. IIiA , C\ , \p 1 = 31 P JrtAc• p0, 60 U3A 1 ~GP l67,k 4, 1100 A. 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' i I i ,a S 7 j i i i y may 102 1988 CITY COUNCIL AGENDA ITEM i TO: MAYOR AND MEMBERS nF THE C17Y COUNCIL FROM: Lluyd Harrell, City Manager SUBJ: CONSIDER ORDINANCE APPROVING AN AGREEMENT BET41N THE CITY OF EIENTON AND TIPPETT AND GEE, CONSULTING ENGINEERS TO 1 PERFCRM A RELAY COORDINATION STUDY; APPROVING THE EXPENDITURE OF FUNDS TK REFOR; AND PROVIDING AN EFFECTIVE DATE. REL'OMMENOATION: The Public Utilities Board, at their meeting of February 10, 1988, recommend to the City Council approval of agreement contract document. SUMMARY: Engineering firm will determine available fault current at utility substations, evaluate equipment Interrupting capability and calculate appropriate protective relay settings and 1 recormend changes as may be necessary in existing relaying i schemes. BACKGROUND: The electric system, as it now exists, has not had such an in-depth evaluation performed. This study is needed to I safeguard equipment and enhance system reliability. It will W i used as the base line study for distribution fuse coordination. E PROGRAMS 9 DEPARTMENTS OR GROLPS AFFECTED: City of Denton Electric Utilities, Electric Metering and Substations Division, Electric Utility Engineering Group, CusUiner Service Reliability. FISCAL IMPACT: Budgeted funds: 610-080-025U-8502 not to exceed $651000 per contract document. Page 2 Tippett 6 Gee i , Re t f 1s ed Llo d Harrell, C ty F nager Pre red by, 6 I rn e u 09, Director Electric Utilities z Appro ed by, R. Nelson, Executive rector Department of Utilities r` Exhibit I Ordinance 11 Agrecrent III PUB Minutes of February 10, 1988 i wit a; r ,rt I 7S;ai j i ~ 5488U: 3-4 ,f 1 2259L 3 NO. i AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND TIPPETT AND GEE, CONSULTING ENGINEERS TO PERFORM A RELAY COORDINATION STUDY; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the City Council hereby approves and auth- orizes t- Wayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and Tippett & Gee for consulting services for a relay coordination study, under the terms and cc,ditions contained in said agreement which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expen tuure o funds in an amount not to exceed Sixty-five 9nouand Dollars ($65,000.00). i SECTION 111. That this ordinance shall become effective a immediately upon its passage and approval. e PASSED AND APPROVED this the _ day of , 1988. f MAYOR RAY STFPHENS ATTEST: JENNIFER WALTERS, CITY SEMETM APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 6Y: EXHIBIT ti" I THE STATE OF TEXAS AGREEMENT BETWEEN THE COUNTY OF DENTON CITY OF DENTON AND TIPPETT 6 GEE, INC., FOR TECHNICAL SERVICES l This Agreea„nt is entered into by and between the City of Denton, Texas, i hereinafter referred to as ("OWNER"), and Tippett 6 Gee, Inc., hereinafter referred to as ("ENGINEER"). 1. SCOPE OF SERVICES ENGINEER shall perform for OWNER the services described to Appendix A (the "Services"), which is incorporated herein, in connection with a Relay Coordination Study, ENGINEER shall be entitled to rely upon the accuracy and currency of information furnished to it by OWNER and by any of OWNER'S contractors, vendors, or consultants, and other generally accepted reputable sources. 11. COMPENSATION AND PAYMENT ~4L For the performance of the Services, OWNER shall pay to ENGINEER the amounts and in the manner and at the times specified in Appendix B, which is incorporated herein, III. PROFESSIONAL OBLIGATIONS OF ENGINEER; ' LIMITATIONS OF LIABILITY: INDEMNITIES ENGINEER'S obligations and responsibilities under this contract shall be to perform design, engineering and other professional services in connection At, with the Services. Engineer shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily pra Vied by a professional engineer under similar circumstances and if Owner discovers, EXHIBIT4` t r within one year after completion of the Services, any portion of the Services which fail to satisfy tie foregoing standard of performance, Engineer shall, at no cost to Owner, re-perform such services. ENGINEER shall not be obligated or responsible, directly or indirectly, for: j (a) Construction means, methods, techniques, procedures, sequences or timetab'ies in connection with the Services. (b) Safety precautions, procedures or programs in connection with the Services. (c) Any failure by any contractor, subcontractor, supplier or vendor to fulfill any contractual or other obligation or responsibility to the OWNER or to any other party. (J) Any services, material or equipment furnished by any contractor, subcontractor, supplier, vendor or other person or entity. i (e) Any failure by the OWNER or by any contractor, subcontractor, sup- plier or vendor to comply with any federal, state, local or industry law, regulation, ordinance, cmde, rule, order, criterion or other standard and particularly, for any failure to comply with plans and specifications. (f) OWNER expressly waives any and all warranties of merchantibility as F r to the Services and as to any structure, equipment or machinery con- nected with the Services, ENGINEER makes no express warranties which extend beyond those described in this Agreement. ENGINEER agrees to indemnify and hold harmless the OWNER for liability for damages arising out of the performance of Services where such liability is caused by a negligent act, error or omission of ENGINEER, its agents or employees, In the event a claim for damages arising out of the performance of 1 r 1 7. 4~~;44 N 1 this Agreement is made against the OWNER alleging co,tributory or concurrent negligence of both ENGINEER and OWNER, ENGINEER agrees to defend that portion of the claims related to or caused by the negligent acts, errors or omissions of Engineer. OWNER agrees to defend and indemnify ENGINEER from and against damages arising out of OWNER'S sole negligence. ENGINEER shall in no event be liable to the Owner for any cons~+.quential damages, including but without limitation, loss of use and loss of profits. I IV. INDEPENDENT CONTRACTOR The ENGINEER i an independently established business and not an agent or employee of the OWrEP and nothing contained herein shall be construed as i inconsistent with that status. V. CHANGES WITHIN THE SCOPE OF SERVICES OWNER may, without invalidating this Agreement, make changes within the scope of ENGINEER'S Services by supplemental written agreement altering, adding to, or reducing the Services hereunder. OWNER shall pay ENGINEER for such changes in accordance with Appendix B. if applicable, or as mutually agreed by OWNER and ENGINEER if Appendix B does not apply. f . VI. OPINIONS OF COST AND SCHEDULE Since ENGINEER has no control over and makes no representation ;+ith respect to the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', suppliers' or vendors' methods of determining pr;ces, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of its experience and qualifications and shall represent its best opinion as an experienced and qualified professional engineering firm. I ~i Likewise, since ENGINEER has no control over and makes no representation with respect to the resources provided by others to meet contract schedules, ENGINEER'S forecast shall be made on the basis of its experience and qualifi- cations and shall represent its best opinion as an experienced and qualified professional engineering firm. j ENGINEER cannot and does not guarantee that proposals, bids, or actual i project cost will not vary from its cost estimates or that actual schedules will not vary from its forecast schedules. i VII. INSURANCE During the performance of the Services under this Agreement, ENGINEER l~ shall maintain the following insurance: (a) Comprehensive General Liability Insurance with Bodily injury liability and Property Damage Liability limits not less than $500,000 each occurrence and $500,000 aggregate combined single limit. (b) Comprehensive Automobile Liability Insurance with Bodily Injury Lia- bility and Property Damage Liability limit of $500,000 each occur- rence combined single limit. (c) Norkors' Compensation Insurance in accordance with statutory require- ments and Employer's Liability insurance with limits of liability as follows: Bodily Injury by Accident - $100,000 each accident; Bodily Injury by Disease - $500,000 policy limit; Bodily Injury by Disease - $100,000 each employee. { f f r (d) Umbrella insurance providing not less than $1,000,000 limits in excess of the limits stated in Items A through C. VIII. FORCE MAJEURE Neither ENGINEER nor OWNER shall be considered to be in default of the provisions of this Agreement if delays in or failure of performance shall be E due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term 4 "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. The term "uncontrol- lable forces" includes, but is not limited to, fire, acts of God, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either OWNER or ENGINEER under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. IL REUSE OF DOCUMENTS All documents including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement are instruments of Services in respect to the pro- Ject for which they are prepared. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of such project or any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended shall be at OWNER'S sole risk and without liability or legal exposure to ENGINEER,, and OWNER shall indemnify and hold harmless ENGINEER for all claims, damages, losses, and expenses including i ettorney's fees arising out of or resulting therefrom. Any such verification r or adaptation will entitle ENGINEER to further compensation at rates to be j agreed upon by OWNER and ENGINEER, K i N X. TERMINATION OF AGREEMENT OWNER may terminate the Services by giving the ENGINEER notice in writing to that effect not less than thirty (30) days prior to the effective date of termination specified in the notice and by making payment to ENGINEER for all Services performgd and all costs incurred in the performance of the Services. Upon such termination, ENGINEER'S liability to the OWNER arising out of or in connection with the performance of this Agreement shall cease. f XI. SEVERABILITY In the event that any of the provisions, or portions or applications thereof, of this Agreement are held to be unenforceable or Invalid by an 1 court of competent Jurisdiction, OWNER and ENGINEER shall negotiate an k' equitable adjustment in the provision of this Agreement with a view toward effecting the purpose of this Agreement and the validity and enforceability of ~ the remaining provisions, or portions or applications thereof, shall not be affected thereby. XII. NOTICES Any notice, demand or request provided in this Agreement to be given by ' either party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States Mail addressed as follows: Postage prepaid, T0; TIPPETT & GEE, INC. TO: CITY OF DENTON, TEXAS Attn: Robert S. Gee Attn: Robert E. Nelson President Director of Utilities 502 N. Willis 215 East McKinney Abilene, Texas 79603 Denton, Texas 76201 i I' + f XIII. ENTIRE AGREEMENT Any of the Services provided for herein which were performed or caused to be performed by ENGINEER prior to the effective date of the Agreement shall be deemed to have been performed under this Agreement. This Agreement consti- tutes the entire agreement between the parties hereto relating to the subject matter hereof, and supersedes any previous agreements or understandings. { XIV. CONSTRUCTION 1 This Agreement is intended for the benefit of the parties hereto and is s not intended to benefit third parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 9 1 F. 1 . 1 ♦J 1 i r i I IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of this the day of CITY OF DENTON, TEXAS TIPPETT 8 GEE, INC. BY. By: LLOYD V. HARRELL ROBERT S. GEE CITY MANAGER PRESIDENT f ATTEST: ATTEST: BY: JENNIFER WALTERS CITY SECRETARY WILLIAM G. HOLLOWELL EXECUTIVE VICE-PRESIDENT AND SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH CITY ATTORNEY l BY: F ! i l` ~t 1 IF 4 i APPENDIX A SCOPE OF SERVICES RELAY COORDINATION STUDY FOR CITY OF DE TON DENTON, TEXAS The ENGINEER will furnish Engineering Services to perform the Scope of Services as set forth herein to complete a Relay Coordination Study, k A. TRANSMISSION LINE PROTECTIVE RELAYING Study the transmission line protective relaying at the following transmission buses: 1. N. Denton 69 kV 2. Distribution substation 69 kV and 138 kV buses including; a. Northlake b. Hickory c. Locust d, King The study deliverables will include, for each of the above: 1, 11 x 17 one-line diagrams. of 69 kV and 138 kV buses, power switches, circuit breakers, instrument transformers and line pro- tective relays, 2. A tabulation of all line protective relays and all pertinent relay information such as manufacturer, model number, type, tap range, instruction book number, etc. 3. Suggested changes, If any, of relay types, tap settings, time settings and instrument transformer ratios and types. A-1 (REVISED 1.25-88) i• J f 4. Coordination curves for all line relays, conductor short circuit withstand curves, plots of related fault current magnitudes, all on standard time-current log-log paper. 5. Commentary cn t',e line protective relaying scheme, coordination, relay; utilized and considerations for possible improvements in the scheme, B. TRANSMISSION BUS AND TRANSFORMER PROTECTIVE RELAYING Study the transmission bus and transformer protective relaying at the following buses: 1. Spencer 69 kV j 2. N. Denton 69 kV 3. All distribution substation 69 kV and 138 kV buses including: at Northlake b, Hickory c. Locust d. King u e, Paige f. Airport The study deliverables will include for each of the above: ' i 1. 11 x 17 one-line diagram of 69 kV and 138 kV buses, power switches, circuit breakers, power transformers, instrument trans- formers, and bus and transformer protective relays. 2. A tabulation of bus and transformer protective relays and pertinent relay information such as manufacturer, model number, type, tap range, instruction book number, etc. A-2 (REVISED 1.26.88) i .p: 3. Suggested changes, if any, of relay types, tap settings, time settings and instrument transformer ratios and types. 4. Coordination curves for bus and transformer relays, transformer "ANSI points", circuit breaker interrupting capabilities, plots of related fault current magnitudes, all on standard time-current s log-log paper. 5. Commentary on the bus and transformer relaying scheme, coordi- nation, relays utilized and considerations for possible improve- ments in the scheme. C. DISTRIBUTION BUS AND FE£DER.PROTECTIYE RELAYING i Study the distribution bus and feeder protective relaying at the l following distribution substations: 1. Northlake 2. Hickory 3. Locust 4. King 5. Paige 6. Airport 7. Spencer (Denton Steam Plant) 13.2 kV The study deliverables will include for each of the above: 1. 11 x 17 one-line diagram of the distribution buses, power switches, circuit breakers, power transformers, instrument trans- formers, and bus and feeder protective relays. 2. A tabulation of but and feeder protective relays and pertinent relay information such as manufacturer, model number, type, tap range, instruction book number, etc. A-3 I k". N i I 3. Suggested changes, if any, of relay types, tap settings, time settings and instrument transformer ratios and types. i 4. Coordination curves for bus and transformer relays, feeder trunk i conductor short circuit withstand curves, transformer "ANSI II i paints", circuit breaker interrupting capabilities, plots of related fault current magnitudes, all on standard time-current log-log paper. 5. Commentary on the bus and feeder relaying scheme, coordination, relays utilized and considerations for possible improvements in 4 the scheme. 0. GENERATING PLANT PROTECTIVE RELAYING Study the generating plant protective relaying and circuit breaker settings for the generating units, generator step-up transformers, auxiliary transformers with low voltage windings volts and above, and buses 480 volts and above. The study deliverables will include, for each generating unit: 1. 11 x 17 one-line diagrams of the gererators, generator step-up transformers, auxiliary transformers and buses. ► 2. A tabulation of generator, bus, transformer protective relays and pertinent relay information such as manufacturer, model number, type, tap range, instruction book number, etc. I' 3. Setting calculations and suggested changes, If any, of relay types, tap settings, time settings and instrument transformer ratios and types, A-4 a a 4, Coordination curves for generator, bus and transformer relays, transformer "ANSI points", circuit breaker interrupting capa- bilities, plots of related fault current magnitudes, all on standard time-current log-log paper or on graph paper appropriate for each relay application. j ` 5. Commentary on the generator bus and transformer relaying scheme, coordination, relays utilized and considerations for possible improvements in the scheme. E. INTENT It is intended that the studies and the deliverables outlined in A through D above furnish the Owner a sttingsmforthisesystamk Astudy of the ny omission i, protective relaying and breaker of deliverables desired by the Owner to yield such desired documen- tation, will be furnished by the Engan not-to-exceed iee fort the eddie Owner, upon negotiation of an amende tional documentation. A-5 R THE OWNLR SHALL FURNISH THE FOLLOWING INFORMATION: A. PROTECTIVE RELAYS 1. Manufacturer ' 2. Model/style/catalog number } 3. Manufacturer's instruction book ; 4. Taps available 5. Time settings available 6. Existing settings B. TRANSFORMERS I Nameplate drawing or readable photograph or: 1. kVA ratings, all windings 2. Connections, all winding i 3. Voltage ratios, all windings and all taps ' 4. Inpedance C. CIRCUIT BREAKERS 1. Manufacturer Model number 1 3. Continuous current rating 4. Fault interrupting capability i 5. Slosing and tripping times, cycles ~ tl O. INSTRUMENT TRANSFORMERS ON CIRCUIT BREAKERS, TRANSFORMERS, GENERATORS, ETC. 1. Primary voltage/current rating 2. Secondary voltage/current taps 3. Continuous overload factor 4. ANSI ac4uracy classification 5. Current transformer winding resistance, all taps, when specif- ically requested 6. Current transformer exciting current and ratio correction factor curves$ all taps, when specifically requested A-6 1 1 I E. GENERATOR CONSTANTS 1. kYA and voltage rating 2. Reactances 3. Capability curves F. SHORT-CIRCUIT STUDIES Short circuit study results, with fault currents in amperes, at all locations to be studied, maximum and minimum generation cases, and for ` all line-out and line-end cases which will affect the relay settings and coordination. I ~ G. MISCELLANEOUS INFORMATION I 1. Substation bus conductor sizes and types or continuous rating and short-circuit time-current withstand curves. I E 2. Transmission line and feeder trunk conductor material, sizes and types. 3. As-built one-line drawings of all substations to be studied, -1 . , b. Resistance of all wiring between current transformers and differ- entiol relays, when specifically requested. H. OTHER INFORMATION All other information about the Owner's system which could be reasonably expected and required to complete a study of this type. k 1. RELAY TESTING All relay testing will be performed by the Owner. A-7 i APPENDIX B PART 1 COMPENSATION Compensation for Services will be as follows: i A. Maximum hourly rates (including multiplier) for each employee category are given below and shall remain firm for one (1) year from the date of the Technical Service Agreement: Senior Engineers S75.00 Engineers 50.00 Junior Engineers 40.00 Technicians 40.00 Designers 30.00 Draftspersons 24.00 Word Processing 18,00 Secretarial 19.00 Accounting/Administrative i Assistant 30.00 Clerical 16.00 Actual compensation for each category will be computed at or less than the rate shown above based on the employee's salary (wage) cost as defined in Part I, 8., below, however, the total compensation to the ENGINEER for the work described in Appendix A shall not exceed SES,000. B. Time of engineering, drafting, accounting, secretarial, clerical and other employees at salary (wage) cost times 2.35 for the number of hours devoted to the pro.)^ct. 8.1 (REVISED 1.25-88) 4 N I The salary (wage) cost for salaried employees shall be employee's annualized compensation (4l-2 Form) divided by 2088. The salary (wage) cost for hourly employees shall be the hourly rate shown in ENGINEER'S hourly payroll ledger. The multiplier (2.35) allows for wage related expenses such as sick and personal leave, vacation and holiday pay; retirement benefits; group life, health and workmen's compensation insurance premiums; federal, state and local payroll taxes imposed on employees such as FICA, excise and unemployment taxes; general office overhead expenses such as rent, utilities, fixtures, administrative salaries, and k profit. The stated multiplier (2.35) will remain firm for one (1) year from the date of the Engineering Service Agreement. aand s at arrier C. Traveling expenses, including transportation by common c ctual rental car agencies, roam, board and other similar expense cost. For ENGINEER-furnished transportation the charge will bs: Auto or Pick-up Truck 22t/mile D. Telegraph, long-distance telephone and other miscellaneous direct expenses at actual cost. Prints, aperture cards, and reproductions Y; produced in-house will be billed in accordance with Schedule A in effect at time of billing. The subcontract work will be billed at ENGINdated EER'S actual attached. cost. E. Services ofoutside consultants retained by the ENGINEER and approved all subcontracted work and all subcontracted computer work by OWNER, will be billed at actual cost. 8-2 ` 4 X I V i F. Computer charges for ENGINEER'S in-house computer will be in accor- dance with Schedule B in effect at time of billing. The current Schedule B dated 7/87 is attached. Computer charges for subcontracted computer services will be billed at actual invoice cost. G. Use of Computer-Aided Design and Computer-Aided Engineering facilities will be billed in accordance with Schedule B in effect at time of billing, The current Schedule 8 dated 7/87 is attached. PART 11 PAYMENT E The OWNER shall pay the ENGINEER for the Services performed pursuant to y this Agreement in accordance with the terms of compensation in Part I - Appendix 8 of this Agreement. The ENGINEER shall submit invoices for pay- ment at intervals not less than once a month to the OWNER. Each invoice will reflect ten percent retainage by the OWNER until release of Final v. Payment. Invoicing will be based on hours expended plus reimbursable costs incurred by the project. A breakdown of reimbursable costs will be (4 included, i The OWNER will release Final Payment to the ENGINEER upon completion of i the Services as described herein. , f , e I e-3 i 1 Y i f ~r SCHEDULE A (5/87) PRICING STRUCTURE FOR REPROGRAPHIC AND PRINTING SERVICES A. Microfilm Services These services refer to the use of microphotography to produce roll microfilm and aperture cards in the form of silver halide and/or diazo film. 1. Silver Halide - 35MM a. Aperture Card $ 0.75/card b, Aperture Card Blank $ 0.10/card 2. Diazo - 35W a. Aperture Card 0.35 /card B. Diazo Printing Service (Produced on standard whiteprinter) 1. Standard Paper Prints a. Whiteprint (Blueline) Refer Attached 2. Sepia, Paper Schedule a. Right or Reverse Reading Refer Attached I Schedule 3. Mylar Reproductions a. Matte or Clear Refer Attached Schedule { C. Diazo Printing Services (Produced on coitact vacuum frame) These services refer to the production of copies made from translucent originals odto material with sensitized coating. Contact vacuum frame required when producing copies of pin registered overlays to obtain composite print or reproducible. 1. Paper Prints a. Whlteprfnt $ 0.45/sq. ft. 2. Sepia, Paper a. Right or Reverse Reading 1.00/sq. ft. 3. Mylar Reproductions a. Matte Sepia 1.75/sq. ft. b. Clear Sepia 1.75/sq. ft. 4. An additional $2.75 for each screened print. Iof3 f j SCHEDULE A (CONT'D) (5/81) : 0. Xerox 2080 Engineering Drawing Reproduction i r 1. Standard Bond Paper Prints E 1.15/sq. ft. 2. Vellum 1.35/sq. ft. 3. Mylar 3.50/sq. ft. E. Copier & Duplicators - Xerox 0.10/each l i F ~ . a. 2of3 R f~ I I N I SCHEDULE A (CONVO) (5181) DETAILED SCHEDULE FOR ITEM 8. "0IAZO PRINTUIG SERVICE" CI410 REPROCUCTIONS DIAZO REPRO%CTIONS SQ. FT. DIRECT SQ. FT. DIRECI PER PRINTS SEPIA MYLAR PER PRINTS SEPIA MYLAR ORDER BLUELINE PAPER 3 MIL ORDER BLUELINE PAPER 3 MIL 1 5 1.78 S 1.97 S 3.56 56 5 11.12 5 29.56 S 63.20 2 1.97 2.61 3.56 57 11.27 30.01 64.33 3 2.14 3.21 4.11 58 11.43 30.45 55.45 ` 4 2132 3.87 5.02 59 11.59 30.91 66.59 II ! 5 2.49 4.46 5.65 60 11.74 31.36 67.11 6 2.68 5.11 6.77 61 11.89 31.81 68.64 7 2.65 5.70 7.90 62 12.04 32.27 69.97 8 3.03 6.30 9.03 63 12.20 32.71 71.10 9 3.21 6.89 10.16 64 12.35 33.16 72.22 10 3.33 7.48 11.29 65 12.51 33.62 73.36 11 3.56 8.02 12.42 66 12.67 34.07 74.48 112 3.75 8.55 13.54 67 12.82 34.52 75.62 13 3.92 9.09 14.68 68 12.97 34.97 76.74 14 4.10 9.62 15.80 69 13.13 35.42 77.87 15 4.28 10.15 26.93 70 13.28 35.87 79.00 15 4.46 10.69 18.06 71 13.43 36.33 80.13 17 4.63 11.23 19.19 72 13.69 36.78 81.25 F ! IB 4.82 11.76 20.31 73 13.75 37.22 82.39 19 4.99 12.30 21.45 74 13.90 37.68 83.51 20 5.17 12.83 22.57 75 14.05 38.13 84.64 21 513S 13.37 23.70 76 14.21 38.56 85.77 22 5.53 13.90 24.83 77 14.36 38.98 86.90 23 5.70 14.44 25.96 78 14.51 39.42 88.02 24 5.89 14.97 27.08 79 14.68 39.84 89.16 29 6.05 15.46 28.22 80 14.83 40.27 90.28 26 6.21 15.92 29.34 B1 14.98 40.70 91.41 27 6.38 16.39 30.48 82 15.13 41.12 92.54 26 6.54 16.87 31.60 83 15.29 41.56 93.67 29 6.72 17.34 32.13 84 15.44 41.98 94.79 30 6.88 17.82 33.86 85 15.58 42.41 95.93 31 7.04 18.29 34.99 86 15.72 42.84 91.05 32 7.21 18.71 36.11 87 15.87 43.26 98.19 33 7.38 19.24 37.25 88 16.02 43.69 99.31 34 7.55 19.12 38.36 89 16.16 44.11 100.44 35 1.71 20.19 39.50 90 16.30 44.SS 101.57 36 7.87 20.61 40.63 91 16.44 44.98 102.70 37 B.OS 20.91 41.76 92 16.59 45.40 103.82 38 8.21 21.38 42.88 93 16.13 45.83 104.96 39 8.38 21.86 44.02 94 16.87 46.25 IC6.08 40 8.54 22.10 45.14 95 17.01 46.68 107.21 41 8.70 22.57 46.27 96 11.15 47.12 108.34 42 8.88 23.05 47.40 97 17.30 47.54 109.47 43 9.04 23.52 48.53 98 17.44 47.91 110.59 44 9.21 24.00 49.65 99 17.58 48.39 111.73 45 9.37 24.47 60.79 100 17.72 48.82 112.65 46 9.54 24.95 51.91 101.300 0.13 0.42 1.08 47 9.71 25.42 53.05 301-1001 0.12 0.40 1.08 48 9.87 25.90 $4.17 1001-2000 0.11 0.38 1.06 49 10.04 26.37 55.30 ZOOL-5000 0.10 0.36 0.95 SO 10.19 26.85 56.43 5001 1 up O.C9 0.33 0.55 61 10.35 27.30 57.66 52 10.50 27.15 S8.68 53 10.66 28.21 $9.82 94 10.81 28.65 50.94 55 10.96 29.20 62.07 Iof3 i I i 7~ SCHEDULE B (7/87) PRICING STRUCTURE FOR COMPUTER SERVICES A. Hewlett-Packard 3000 - Series III j 1. Processing Charge $ 0.06/CPU-Second 2. Storage Charge 0.0075/Disc-Sector 3. Input/Output Charges 0.0001/1-0 Block 4. Printing Charge 0.0015/Line 5. Connect Charge 0.05/Connect Minute The rates quoted above are our normal rates at normal priorities. These rates j vary upward and downward if a higher or lower priority is utilized. Also, these rates are increased on specific tasks if additional programming support is necessary. B. 18M PC Workstations The IBM PC workstation facilities will be billed at the following rates exclusive of labor charges. Workstation Charge $ 5.00/Hour k s C. Computer-Aided Design and Computer-Aided Engineering (CAD-CAE) The Computer-Aided Design and Computer-Aided Engineering (CAD-CAE) facilities will be billed at the following rates, exclusive of labor charges: Autocad color workstation, with digitizer tablet $ 8.001 ',ur Calcomp 36" multi-pen color plotter 35.00/Hour Pipe Stress Analysis (Caesar 11): Input/Output Processing 8.00/Hour Analysis 0.10/CPU-Second Node Charge 0.50/Node All supplies will Se billed at cost. This includes all paper, vellum, mylar, pens, etc. 1 of I EXCERPT PUBLIC UTILITIES BOARD MINUTES February 10, 1988 11. CONSIDER "TECHNICAL SERVICES AGREEMENT" (detailed fault and UTILITIESe A ref PPE study _INC., COT=NG ENGINEERING FIRM. Tullos stated that the last fault current and relay engineering study was in 1975. He explained that it is necessary to review the City's electrical system fault current conditions. The engineering firm will determine available fault current at utility substations, evaluate equipment interrupting capability and calculate appropriate protective relay settings, recommend changes as required. Such a study will safeguard equipment and enhance system reliability. It will also be used as the base line study for distribution fuse coordination. ' Tullos further stated the not-to-exceed cost of this ctudy is $65,000. Chew made a motion to recommend to the City Council acceptance of subject engineering contract. Second by LaForte. All ayes, no nays. Motion carried. i I 5488U:5 EXHI13IT, 4 1'. i I i f~ 1 i 1 i i pp j i oil 1 4 1 1. i 6 2232L NO. MUNICIPAL N ELECTION RETdRNS INDTHECCITYNOFTDENTON ON RESULTS MAY THE ORDINANCE REGULAR AEMUNCANVASSING 1, 1988. THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. The City Coun ii finds and declares that the May 7, regu ar municipal election was duly ordered for the j purpose of electing two Councilpersons and the Mayor to Places 5, 6, and 7; that proper notice of said election was duly given and election officials appointed; that said election was duly f held and the returns of the election officials have been delivered to the Council, all in accordance with the laws of the State of Texas and the Charter and ordinances of the City of rf Denton. i SECTION II. The official returns of the election officials having een opened, examined and canvassed, the Council hereby finds and declares that votes were cast at said election, and that the votes cast or each place on the Council were as E follows: I, ABSENTEE VOTING: jl FOR PLACE 5: Jim R. Alexander votes votes votes . `I FOR PLACE 6: Linnie McAdams votes votes votes FOR PLACE 7: Ray Stephens votes Richard 0. Stewart votes votes TOTAL VOTES CAST: FOR PLACE 5: Jim R. Alexander votes votes votes T +(Ar I' i ~pp 1 7 }4} 7 FOR PLACE 6: Linnie McAdams votes votes votes FOR PLACE 7: Ray Stephens votes Richard 0. Stewart votes votes i SECTION III. The Council finds and declares that each sand ate "listed .below received a majority of the votes cast for each place on the Council and that each candidate listed below is hereby declared to be elected to the City Council of the City of Denton: FOR PLACE S: FOR PLACE 6: FOR PLACE 7: and such candidates shall assume the duties of their office on the date that they take the official oath of office. PASSED AND APPROVED this the 10th day of May, 1988. RAY P I ATTEST: I I f JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r' BY: Llpmdt' IA~J Z. a~ 1 r' LUJU 1 MEN i 4 I i I f j I I 1 i 01-Y i CITY Of DEWON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 70201 / TELEPHONE (81$ 360.8307 I Office of the Clay Manager i# M E M O R A N D U M i TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: May 5, 1988 SUBJECT: Back-up for Agenda item 11-4 No formal back-up materials were submitted for these items. } , y Jen er W lters 2727C/2 y F-IN 4 f~ I eg r f V t f I i i 9 4 f 4 Jill- fill 11111 -r-r-T-r 4 i t' Sc l i DATE: 04/05/88 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: DItCUSSION OF THE APPOINTMENT OF A LOW/MODERATE INCOME HOUSING TASK FORCE i RECOMMENDATION: i Staff recommends that a Low/Moderate Income Rousing Task Force be appointed in order to Study provision of housing for low to moderate income citizens, The Task Force will define the problem and present recommendations to City Council as to programs which could be under- taken to address these concerns. I SUM11ARYt The issue of affordable housing, primarily for low income families/ Individuals his recently surfaced as an area In need of study, There is evidence that the City's current housing programs fail to provide assistance In many areas, It Is suggested that a study may elicit several possible solutions, programs, and/or resources which may be utilized by the City to meet this growing need. PROGRAMS, DEPARTMENRS OR GROW AF--- F~ED: The Planning staff will provide direct support to the Task Force. Input from other departments will be requested as needed, FISCAL IMPACT: Initial costs will include personnel and supplies. Planning/COBO budgets will provide necessary funds. ReipeC ly s mit Prepared by: Lloy , Harrell City Manager Barbara Ross Community Development Coordinator App 0 d! F ank Be Robbl Executive Director for Planning and Development e' w CITY of DENTON, Tt7CiLf 215 E. JNcXINNEyi DENTON, TEXAS 782011 TELEPHONE (a 17) 8a"200 MEMORANDUM Date: March 29, 1988 To: Mayor and City Council i From: Lloyd V. Harrell, City Manager Subject: Low/Moderate Intone Housing Task Force I It has been suggested that the City Council consider establishing a task force to address the issue of low/moderate income housing. The charge of such a task force would be to define the problem within our community and make recommendations as to programs which could be undertaken to address these concerns. Some possible topics/goals of the task force would be: 1. Outline options of the city to encourage and/or provide affordable housing. 2. Identify methods of maintaining existing units, both rental and owner. 3. Examine means to provido new low/moderate Income housing such as the following: a. Use of vacant city owned land. b. Use of delinquent tax land. c, City revolving low interest loan funds or loan guarantees. 1. New building methods, such as modular housing. as u SCORE$ Habitat financing for Humanity, State assistance and S. econstruction other such resources and Federal agencies. 6. Incentives for in.ill development in existing neighborhoods. 7. Examine the concept of diversified housing types throughout the community. 8. Determine alternative financing methods. _J 9. Review all housing opportunities and possibilities associated with housing authorities. f T s" i N Memorandum to City Council Low/Moderate Income Housing Task Force March 29, 1988 Page 2 Although this task force could be an existing committee or commission such as the Land Use Planning Committee or the Planning and 2ouing Commission, a more appropriate group might include members with ;ome expertise In the housing area. Some possible sources would be the Housing Authority, the Board of Realtors, the Chamber of Commerce, the Home Builders Association, the Dallas Apartment Association, the ` Community Development Block Grant Committee, the Human Resource Com- mittee, local banks and/or mortgage companies, TIOU's housing Program, f j or 111U's Finance/Real Estate/business Departments. This task force would require a commitment upon the part of its membership to reach workable solutions and help with their Imple- mentation once Council approval was reached. { Housing information has been gathered, but more specific research i[ will be needed once the committee establishes the areas that they wish to pursue. Once the task force is appointed, the Planning Department will work with the group to create a work plan. ' Staff would appreciate Council reaction as to the desirability of appointing such a committee and to the proposed charge and makeup of the committee. If the Council is desirous of proceeding, we will return with a resolution officially creating such a task force. oy arre City Manager If ab 4 i f r I I 1 e 1 E ~It I ~ I IV j i i 9 it a qffi Y j I I'. r R! 50 I j 0 CITY of WWOM, T"AS 215E. McK1NNEYIDENTON, TEXAS 78201 I TELEPHONE (817)560-M M E M O R A N D U M r i TOi Rick Svehla, Deputy City Manager FROMa Bill Angelo, Director of Community Service J DATES March 251 1988 l SUBJECT( MISSION STATEMENT AND MAKEUP OF BLUE RIBBON CITIZENS COMMITTEE FOR SOLID WASTE p As you know, last month the staff recommended to the City Council that they create a Blue Ribbon Citizens Committee to evaluate and provide recommendations to the Council relative to the provision of solid waste services and the disposal of solid waste. As requested, we have devel- oped and offer the following proposed mission statement for that commit- tee and have provided a recommendation on the makeup of the group. It shall be the charge of the Citizens Committee on Solid waste toi 16 Review and evaluate the role of the City of Denton relative to the provision of solid waste service. This charge shall include a determination of whether or not the City should k contin: to proo.,ide residential, commercial, and/or disposal servic..a. Additionally, this charge shall include an oval- uatioi and recommendation on needed changes (if any) in the level ,f service provided. 9. Based upon the results of the first objective, the Committee shall evaluate and provide a recommendation to the City Council relative to the future course(s) of action to be taken in respect to the disposal of solid wastes. This charge shall include an examination of alternate disposal methods and an analysis of cost, cost effectiveness, environmental impact and political feasibility of each alternate method. J 3 is MISSION STATEMENT - BLUE RIBBON CITIZENS COMMITTEE i 1 March 25, 1988 Page 1.1 I Given the magnitud,, of this mission and the vast amount of technical information which must be covered, the staff would recommend that the size of the Committee be limited to a small group of individuals, Individuals chosen for this assignment should include those affected by potential decisions, but do not decisions, For these reasons, av we would isuggestmthatatheiCommit- tee conalst oft Two (2) residential customers I Two (2) smaller commercial customers Two (2) larger commercial customers 1 Or.e (1) member representing the Planning and Zoning Commission One (1) member of the City Council i f Obviously, the members of my staff and myself will fulfill the role of staff liaison and shall provide any and all information requested by the 1 Committee. i We would anticipate that this mission will take approximately six to nine months to complete. The first two months wi a probably include an intensive educational process designed to familiarize the Committee ! Members with the existing system, alternate systems, ant applicable state and federal regilations. Once this education process is complet- ed, the Committee shall turn its full attention to the task at hand, should yo,t have any questions or comments on this matter, please let me know. Respectfully submitted, 'i 6111 AngO BA/sc r J 1ba032S8812 i N i L t. airy of DENTON, TEXAS 215E. McKJNNEY I DENTON, TEXAS 78201 /TELEPHONE (817) W4200 h MEMORANDUM Date: April 28, 1988 To: Mayor and City Council , From: Elizabeth Evans, Planning Administrator Subject: Blue Ribbon Task Force for Solid Waste fI The Planning and Zoning Commission, at its meeting of April 27, 1988, appointed Ivan Glasscock to serve on the Blue Ribbon Task Force for Solid Waste. z ~t vans J ab 1 t~ 1 i f' r CITY OF DENTON CITY COUNCIL MINUTES Ap"il 19, 1988 The Council convened into the Work Session at 7:30 p.m. in the Civil Defense Room. ; PRESENT: Mayor Stephenst Mayor Pro Tem McAdams: Council Members Alexander, Ayer, Boyd, Gorton and Hopkins, ABSENT: None ['I The council received a mission statement and discussed the proposed makeup of a Blue Ribbon Citizens Committee f,)r Solid Waste. i Lloyd Harrell, City Manager, stated that this committee world forecast what to do in the future regarding solid waste. Hill Angelo, Director of Community Services, reviewed the role of the committee. He presented the primary reaponsibilities of the committee and a possible time frame needed to complete those responsibilities. Consensus of the Council was to proceed with the formation of the committee but to increase the number of residential customer representatives to four. 26 The Council received a report concerning budget priorities as determined by the City Council questionnaire. John McGrane, Executive Director of Finance, reviewed the Council budget questionnaire and its results, 3. The Council received a mid-year analysis and determination of various 1987-88 budget issues. Lloyd Harrell, City Manager, presented a mid-year review of the budget. Harrell reported that at the said of six months in the budget cycle, no hiring freeze and no cute in the budget were expected. Revenues were balancing with expenditures. Staff had wanted to make adjustments to four items at mid-year but were not able to recommend those adjustments at this point, (1) An across the board ealary adjustment for employees. Two appru.Aches were analyzed - e!, across the board pay adjustment effective April 1, 1988 except for executives or a one, time payment to those employees at the top of the range and not eligible for step increases. Staff's aoncluaton was that the City was not in a financial condition to do either of these at that time. (2) Recreation Center hours. Hours were to be reduced at North Lakes Recreation Center and Denis Recreation Center from 9 00 p.m. to 8:00 p.m. Staff recommendation was to fund the North Lakes hours by taking money from the Recreatior _i Fund as citizens had paid to attend the exercise programs offered at North Lakes. Denis would close at 8:00 p.m. r i i I ~ i i I } f ,I 1 T _ 7 t- ~I } } 1987 BOARDS AND COMMISSIONS APPOINTMENT INFORMATION BUILDING CODE BOARD CURRENT ORIGINAL PRESENT yJ PLACE MEMBERS APPOINTMENT TERM ATTENDANCE APPOINTMENT REPLACEMENT 1 Robert Horn (Chairman) 1982 1986-88 4 of 4 settings 2 Mike Lewis 1982 1986-88 3 of 4 meetings 3 Edgar Barnes* 1986 1986-87 3 of 4 meetings 4 Robert Courtney* 1986 1986-87 3 of 4 meetings S Alfred `Bud" Green 3986 1986-68 2 of 4 meetings a 6 Cliff Reding (ALT)* 1982 1985-81 1 of 4 meetings 7 Ed Stout (ALT) 1982 1986-88 2 of 4 meetings Council Liaison - Staff Liaison - Jackie Doyle a Terms expire in 1987 NOTEt All members of must be residents of the City )f Denton Board Is made up of the following members, - a general contractor (Lewis) - an architect (Horn) - an engineer (Courtney) - additional members (Greta, Barnes) Members appointed for 2 year terns I rr. r W { .F ■ i 4 rF-TF-T-F -1 1 i If I i E f ~E i 4 i i 1 all I ij b' i N S SQss &A4 DAThr 05/10/68 CITY COUNCIL REPORT FORMAT TOr Mayor and Members of the City Council FROMi Lloyd V. Harrell, City Manager SUBJEC71 AN ORDINANCE AY SING ARTICLES 4.U1 ThRUUGH AND INCLUDING ARTICLE 4.06 Ij 01' CHAPTER IV OF ARTICLE III OF APPENDIX A (DENTON DEVELOPMENT CODE) RECOMMENLATIONi The Planning and Zoning Commission recommended approval at its April 13, 1988 meeting by a vote of 4-1. SUPMARYt A summary of the proposed ordinance is attached. The summary outlines the key differences between the existing regulations and proposed regulations. BACKGROUNDi iF ordinance 83-70 was adopted on July 5, 1963 establishing our present f Subdivision and Land Development Regulations. In 19856 the City Council reactivated the Advisory Committee for the writing of the 1983 Regulations. The Committee provided input on numerous items before directing the staff to prepare revision in 1986. PROGRAMS, DEPARTMENTS OR GROUPS AFFECT'EDt Staff involved in the development process, Planning and Zoning Commission, developers, and citizens. FISCAL 1MPACTt The City of Denton currently participates in perimeter street paving by paying for seven (7) feet of paving, and the developer pays for seventeen (17) feet of paving. The development generates the need for two-way traf- ficl therefore, the regulations, as proposed, require the developer to construct the street without City participation. A long range fiscal impact comes from the requirement in the regulations for better on-site tteffic management, i.e., in parking lots. Ultimately, this will reduce congestion at driveways and entrances and, therefore, delay the need for expansion of roadways. Reap ully ~Ubm t dt Prepared by' Llo V. Harrell nG f~j City Manager Ceci a Carson Urban Planner App vedt ra . N. Robbins Executive Director for Planning and Development i i SUBDIVISION AND LAND DEVELOPMENT REGULATIONS CHAPTER IV DIVISION I, GENERAL PROVISIONS Article 4,01 Purpose and Intent p. 2 Article 4,02 Application and Interpretation of Standards p, 2 Article 4,03 CitX Partic p l a tion p. 3 $ A provision so that the City may increase the size or scope I of the Improvements. LIVISION 11, STREET AND SIDEWALK REQUIREMENTS AND DESIGN STANDARLS Article 4,04 A. Street Classification p. 3 4) Estate Subdivision permits streets without curb and gutter if the use is for single family on one acre or larger lots and has 100 or more feet of street frontage. 6) Marginal Parallel Access. A street which is parallel and adjacent to an arterial street and will be used to eliminate direct driveway access to the arterial, 9) Primary Arterial will include freeways, B. Vehicle _Trips p. 4 C. Compliance with Specification p. S D, Street Capacity p. S 3) An option to permit dedication of more street rlg)t-of-way than required in lieu of constructing the total street system. The Commission must approve and the criteria must be followed including that omitting the improvements would not substantially impair the safe movement of traffic. }f s t r: { ~Y V Subdivision and Land Development Regulations Chapter IV Page 2 i DIVISION II. STREET AND SIDEM LK REQW kUENIS AND DESIGN STANDARDS (Continued) E, Perimeter Streets p. 6 k F 1) New perimeter streets shall provide the portion of perimeter street for which it reasonably creates the need, but in no case less than 25 feet, 2) a) Existing Perimeter Streets. Required to dedicate the right-of-way and improve or reconstruct the street to the same extent as required for new perimeter streets or to the extent necessary to complete the perimeter street to the classifica- tion required, ti b) If an arterial street is proposed for perimeter street paving and the City of Denton Capital Improvement Plan proposes improvements within two years, the developer may elect to pay the City the total construction cost, excluding engineering and design cost. The funds would be used by the City to construct the arterial, or If the money is not used within five years of payment, the funds shall be refunded to the person making the payment, 3) Exceptions to Perimeter Street Requirements. The requirements shall not apply to: a) a plat for a single family lot; b) a development with less than 100 feet of frontage on an existing perimeter street; oL c) a development not required or does not propose to extend a city water line and is further than 8,000 feet from an existing water line. F. Improvements to Existing off-Site Streets p. 9 Any development which generates more than 100 vehicle trips per day at full development may be required to improve or ` repair pn off-site street by patching, reconstructing, or f overlaying with asphalt depending on the "distress" rating f of the street. G. Adequate Street Access p. 9 .f 4 I Subdivision and Land Development Regulations { Chapter 1V Page 3 l , DIVISION 11. STREET AND SIDEWALK REQUIREMENTS AND DESIGN 1 STANDARDS (Continued) i H. Coordination with Surroundin Streets p. 10 1. Intersections p. lU J. Medians p. 11 When any development is required to provide more than one-half of an arterial street, a median shall be pro- vided. For every 1,000 square feet of median area, excluding areas required to be a maintenance free sur- face, a tree with a trunk of 3 inches or more shall be installed. The remaining area shall be landscaped or xeriscaped. K. Cul-de-sacs and Dead End Streets p. 12 L. Alleys p. 11 Alleys may be allowed in residential developments and may be required for non-residential developments. M. Private Roads p. 13 In a planned development district, private roads may be approved under certain criteria. A written and binding declaration, to be recorded prior to the acceptance of any 1 public improvements, establishing an owner's association or similar legal entity is required. N. Street Names and Signs p. 14 0. Street Lighting p. 14 P. Fire Lanes p. 14 Q. Sidewalks p. 14 All developments shall provide sidewalks on both sides of the street or provide a comprehensive pedestrian access plan. Sidewalks along a perimeter street may be deferred, if the perimeter street improvement is deferred. I 6 I I Subdivision and Land Development Regulations Chapter IV Page 4 DIVISION Ill. DRIVhKAY AND PARKING LOI REQUIREMENTS AND DESIGN STANDARDS Article 4,05 1 A. Definitions p. 16 B. Permit Procedures and Requirements p, 16 A parking lot/driveway permit shall be required for each property, other than property used or to be used for a single or two-family dwelling, within the City of Denton. An application process is provided, C. Access to Arterial Streets p. 10 f The intent Is to limit direct driveway access to arterial streets, D, Access to Collector Streets p. 22 i Commercial, industrial, and multi-family shall be allowed one driveway for each 75 feet of frontage on one street, provided that each driveway meets the other provisions of the regulations. Residential subdivisions should be designed so that direct access is not permitted to the collector, or should have a marginal parallel access street, alley, private parallel access drive, or share a common driveway, E. Separation of Driveways p, 23 F. Corner Clearance Standards p. 24 G. Driveway Nidths and Grades p. 25 H. Parking Lots p, 26 The regulations establish requirements for the dimensions of parking spaces, stacking distances, and design criteria. A 5 foot setback from any public street right-of-way is required. I 4 .1 i ~i ka . 2222L/427a,' NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLES 4,01 THROUGH AND INCLUDING ARTICLE 4,06 OF CHAPTER IV OF ARTICLE III OF APPENDIX A (DENTON DEVELOPMENT CODEG)U OF THE CODE OF ORDI- NANCES TO PROVIDE FOR NEW AND AMENDED RELATIONS AND REQUIRE- MENTS FOR STREETS, DRIVEWAYS, PARKING LOTS, AND SIDEWALKS; REPEALING ARTICLES 4.17, 4.18 AND 4.19 OF CHAPTER IV OF ARTICLE III APPENDIX A; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF X500.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, has found that revisions i of the Denton Development Code are needed to provide for more ` understandable, effective, and efficient land development requirements and regulations; and WHEREAS, the City of Denton has undertaken a scheduled pro- gram to revise and implement the new and amended land develop- ment regulations and requirements; and WHEREAS, the revised reggulations applicable to streets, driveways, parking lots, and aidewalka have been completed; and " WY 1AS9 it has been detormined that immediate implementa- tion o those regulations would be in the beat interest of the II community; and WHEREAS, a public hearing on the proposed regulations has been held in accordance with the provisions of the Local Govern- ment Code; NON, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That articles 4.01 through and including article 4.0b~ter IV of Article III of Appendix A of the Code of Ordinances are amended to read as follows: i ` r I ,I I` 1 M F-IN 1 T~ Sf N 1 I ' CFLNPTER IV REQUIRED IMPROVEMENTS AND GENERAL DESIGN STANDARDS DIVISION I. GENERAL PROVISIONS Article 4.01 Purpoea and Intent. i - (A) The following standards and requirements are adopted for the purpose of insuring that all developments provide, at no- coat for the streeta sidewalksj lots hew tetr sand sewer facilities, drainages facilities, tsand aother public and private improvements and facilities which are reason- ? ably necessary and adequate to serve the development. I (B) These requirements are adopted with the intent of requiring each development to provide for those public facilities and improvements to serve the development to the extent that the I required facilities and improvements bear a reasonable nonnection to the need created by the development, and to the dt3ree that the development is benefitted by. Article 4.02 Application and Interpretation of Standards and Reyu remente.pp pppp shall A desAll ign a const uct lopins ellp andyprovidewhich forthis theCode facilities and improvements herein specified in accordance with the standards and requirements of this Code and the City's master plane. (d) The Commission shall have final authority over the inter- pretation and application on any required improvements or design standards, except as otherwise provided in this Code. These standards and requirements shall be liberally interpreted and applied so as to achieve the purpose and intent of the standard or requirement. Where literal application of a requirement in a particular ement, uthecCommittee may recommend and the Commission may impose a stricter requirement so as to comply with the purpose and intent of the requirement. ` (C) These, standards and requirements shall be cumulative of r1 Uniform other regulations toningirordinances, thflood Uniform Fire nand control ordinances, or any other ordinances. PAGE 2 i I s i' 1 Article 4.03 Cif Participation in Public Improvements. (A) In provide forany recase ets, where this Code Water requires any development to facilities or other public improvements, the City may, at its i option, choose to participate in the cost of increasing the size or scope of the improvements otherwise required by the develop- vent, so as to meet the needs of the general public. (B) Where the City chooses to participate, the developer and E City shall enter a written cost participation agreement setting forth the respective duties of the parties. The public improve- ments to be constructed pursuant to the agreement shall be deter- mined by the public bidding procedures required by State law for public projects. Bide shall be solicited so as to obtain the proportionate costa of the developer and City for the work to be performed under the bid to be awarded. In accordance with State law, the City may choose to participate in the cost of public improvements without public bids when the City's cost is thirty percent or lees of the total contract price. DIVISION II. E STREET AND SIDEWALK REQUIREMENTS AND DESIGN STANDARDS Article 4.04 All developments shall provide for streets and sidewalks to serve the development in accordance with the following requirements and design standards and the City's Master Thoroughfare or Street Plans. (A) STREET CLASSIFICATIONS. For the purpose of d6termining the street requirements of this Code, ali streets shall be classified and defined as follows: (1) Alley. A public or private vehicular access way, oe gned for the special accommodation of the property it serves and not intended to be used for general public use. (2) Collector. A street whose main purpose is to co ect and direct traffic from local streets to arterial streets; to carry traffic between arterial streets; or to provide access to abutting commercial or industrial properties, or higher intensity residential land uses. It is dpe:gned to handle no more than 10,000 vehicle tripe per dty. PAGE 3 h' . t" i N (3) Cul-de-sac. A street which terminates in a vehicular turnaround. (4) Estate Subdivision. A local street, without curb an gutter, w ose sole purpose is to provide direct access to single family lots of one acre or more, each lot having 190 or more feet of street frontage. (5) Local/Residential. A street whose sole purpose is to provide- access to abutting single family or two family residential properties. It is designed to { serve no more than 5,000 vehicle trips per day. (6) Mar inal Parallel Access. A street which is parallel an adjacent to an arterial street. It is designed ` to provide access to abutting properties so that the properties are sheltered from the effects of the throwgh traffic on the arterial street, or so that the flow of traffic on the arterial street is not i impeded by direct driveway access from abutting pproperties. When used as a private drive, it shall be referred to as a "private parallel driveway." (7) Off site. Any street, other than a perimeter street, which extends beyond the boundary of the development. (8) Perimeter. That portion of any street, of any cc aassi'fication, abutting the boundary of the development. (9) Primary Arterial. A street, including freeways, whose man purpose is to serve as a major route into, out of, or across the City, or connect one or more of the City's major activity centers. These streets are shown on the City's thoroughfare plan and are usually located at least one mile apart. (10) Secondary Arterial. A street whose main purpose is to serve as a major route from one area aE the City to another, as a connection between one primary arterial to another, or to provide a major route to one or more of the City's moderate activity centers. These streets are shown on the City's thoroughfare plan. (H) VEHICLE TRIPS, Any requirement or design standard of this article which is based upon or determined in accordance with a specified number h PAGE 4 J i , i i of "vehicle trips", shall be determined by the City Engineer in accordance with the latest edition of the Trans ortation and En ineerin Handbook, published by the institute o ranspor- i tat on ng neere- (C) COMPLIANCE WITH SPECIFICATIONS. i (1) All required street improvements shall comply with the "Street Design Specifications", as contained in Appendix A-1. I Right-of-way widths in excess of the Street Design Specifice- tions shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. (2) All required street improvements shall be constructed in accordance with Division II ("Materials") and Division III ("Method") of the City's Standard Specifications for Public Works Construction North entry Texas, as amended . Standard pec cat one were any provision of this Code conflicts with a provision or requirement of the N.T.C. Standard 4 Spec ifica- lions, the provisions of this Code shall control. (C) STREET CAPACITY. (1) All developments shall provide for those streets, including new streets, the improvement of existing streets, and the associated improvements and rights-of-way,which are necessary to provide adequate capacity to carry the traffic to be generated by tho property at full development. "Adequate capacity" shall mean a level of service C , as defined by the latest edition of the Highway Capacity Manual, as published by the Transportation Reaearc~~oa 0 the National Research Council. (2) Any streets required by the provisions of this section shall also include any drainage structures that are part of the street improvements and are necessary to serve the development in accordance with the drainage requirements of this Code. In the case of estate subdivision streets, no underground drainage improvements, other than driveway culverts, shall be required, but adequate barrow ditches with 4:1 aide slopes shall be provided. (3) To provide for future street improvements, any develop- ment may elect upon the approval of the Commission, to dedicate more street right-of-way than would otherwise be required for the development, in lieu of constructing the total street system otherwise required of the development by this Code, when: PAGE 3 x S' 11r I k i 1 i (a) The additional right-of-way will be needed for a proposed arterial street, as shown on the City's thoroughfare plan; (b) Omitting the street improvements that would f otherwise be required would not substantially impair the safe movement of traffic created by the development; and 1 (c) The market value of the additional right-of-way would, as determined by the City Engineer, be equal to or greater than the cost of the street improvements which are to be omitted. (E) PERIMETER STREETS. (1) New Perimeter Streets. Street systems shall be laid out so as to avoid `-th`neeff-€oi-new perimeter partial streets, i.e. streets that have less than the full required right-of-way and pavement width for the class of street. However, if an arterial street is proposed by the master plan on the boundary of the development or the development creates the need for a new perimeter street, the development shall provide the portiot. of the perimeter street for which it reasonably creates the need, but in no case shall that portion of the street provided be less than a pavement width of 25 feet. All perimeter streets shall be provided with curb and gutter along the side abutting the devel- opment. If the perimeter street is ultimately proposed to serve as a divided arterial street, and the development is required to install half of the arterial atreat, then curb and gutter shall be provided on both aides of the perimeter street so as to provide the curb for the future median of the arterial street. (2) Existing Perimeter Streets. (a) Any development on the perimeter of an unimproved perimeter street shall dedicate the right-of-way and improve or reconstruct the street to the same extent as is required for new perimeter streets, unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional right-of-way and make the additional street improvements necessary to complete the perimeter street to the classification required. For the purpose of this paragraph, an "unim- proved perimeter" street shall mean a perimeter PAGE 6 r i I ~i street, other than a federal or state highway, which does not have curb and gutter or which does not subotantially comply with street design j specifications or requirements of this Code. (b) Where any development would be required to t improve an existing unimproved perimeter street C as provided herein, which is designated in the City's master plans as an arterial street, to less than its full width, and the City's approved Capital Improvements Plan proposes improvement ` of the existing perimeter street to City speci- fications within two years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City, prior to beginning construction, the total construction cost, excluding engineer- ing and design cost, of the required street improvements. The amount to be paid shall be determined by the City Engineer, based on the actual cost of providing for the improvementa, as shown in the most recent public bids for the same or similar type street improvements. If the money ppaid to the City is not used for the required improvemente within five years of payment, the funds shall be returned to the j person making the payment. (c) Any development which is to generate more than 100 vehicle trips per day at full development and which is excepted from making improvements to existing perimeter streets in accordance with City specifications for new streets, as herein- after provided, shall make the improvements and repairs to the existing perimeter street to the same extent as is required for off-site streets, as hereinafter provided. (3) Exceptions to Perimeter Street Requirements. The pro- visions of this section requiring the mproovement of existing unimproved perimeter streets to City specifications for new streets shall not apply to: (a) A, plat for a single-family residential lot where such lot is not part of a larger genera{ scheme of development or subdivision of land rr containing more than one residential lot; I PACE 7 1 r h (b) A development that abuts 100 or less feet of an existing perimeter street, where the existing off-site perimeter street on either side of the j abutting perimeter street is not improved to City specifications and there are no proposals or plans for improvements to the perimeter street on either side of the abutting perimeter street as evidenced by the City's Capital Improvements Plan or plats approved or pending approval; or j (c) A development which: (i) Is not required or does not propose to extend a City of Denton water line to the property to serve the development; and, (i£) Is located more than eight thousand (8,000) feet from an existing City of Denton water line, measured along a straight line from the nearest boundary of the development to 1 the nearest water line. (4) Off-site Connecting Streets. Any perimeter street required- o be improved to meet the specifications for new streets shall be connected to existing off-site streets in accordance with the horizontal design specifications shown in Appendix A-2. (S) Desi n S ecifications for Perimeter Streets. Perimeter streets s s e u t or mprove with cur an gutter and the necessary drainage facilities in accordance with the apecifica- tions and provisions of this Code applicable to other streets. Upon recommendation of the City Engineer, a required perimeter street meeting design standards, but without curb and gutter and related underground street storm drainage facilities may be approved whenever: (a) The required perimeter street is for a residen- tial development in a low intensity area, as shown in the City's master plans; (b) The development is not located in an area where the pattern or intensity of development would create the need for improved urban drainage facilities in the foreseeable future; and (c) There are no existing or propposed improved drainage facilities, as shown by the City's i PAGE 8 T- j f I ` (b) A development that abuts 100 or less feet of an existing perimeter street, where the existing off-site perimeter street on either side of the abutting perimeter street is not improved to City specifications and there are no proposals or plans for improvements to the perimeter street on either aide of the abutting perimeter street as evidenced by the City's Capital Improvements Plan or plats approved or pending approval; or } (c) A development which: (i) Is not required or does not propose to extend a City of Denton water line to the property to serve the development; and, (ii) Is located more than eight thousand (8,000) feet from an existing City of Denton water line, measured along a streigIt line from the nearest boundary of the development to the nearest water line, (4) Off-site Connectin Streets. Any perimeter street required Lo a mprove to meet the specifications for new streets shall be connected to existing off-site streets in accordance with the horizontal design specifications shown in Appendix A-2. (S) DMIA n S ecifications for Perimeter Streets. Perimeter streets u t or improved with cur an gutter and the necessary drainage facilities in accordance with the specifica- tions and provisions of this Code applicable to other streets. Upon recommendation of the City Engineer, a required perimeter street meeting design standards, but without curb and gutter and related underground street storm drainage facilities may be approved whenever: (a) Ili* required perimeter street is for a residen- tial development in a low intensity area, as shown in the City's master plans; (b) The development is not located in an area where the pattern or intensity of development would create the need for improved urban drainage fapilities in the foreseeable future; and (c) There are no existing or proposed improved drainage facilities, as shown by the City's i PAGE 8 ( T i 4 Capital Improvements Plan or by plats approved or pending approval, in such proximity to the development that would connect to or receive the drainage waters from the required street drainage improvements. (F) IMPROVEMENTS TO EXISTING OFF-SITE STREETS. (1) Any development which is to generate more than 100 vehicle trips per day at full development shall improve or repair , connecting paved off-site surfaceeeforasthe necessary amount to r type of safe and traffic generated by the development. j (2) The off-site street improvements or repairs need not meet the specifications for new streets, but shall include such patching, reconstruction, or the providing of asphalt overlays i determined to be necessary by the City Engineer to provide for d the safe movement of vehicular traffic generated by the development, pursuant to a "distress" rating performed by the City Engineer in accordance with Appendix A-3. (3) Off-site street improvements shall not be required beyond the nearest intersecting arterial or collector streets. i (4) The requirements to improve any existing off-site street shall not apply to that portion of a street proposed to be improved to City specifications in the City's approved Capital Improvements Plan within one year of the date the off-site street improvements are required to be made, if the street or portion thereof to which the off-site street improvement requirements apply does not have a distress rating of 80 or more points, as determined by the City Engineer in accordance with Appendix A-3. ADEQUATE STREET ACCESS. All developments shall provide the necessary street system, on-site and off-site, to insure that there is safe and adequate access to the development and to each lot within the development. No new streets shall be located within designated floodway. In determining the access requirements for each development, the following shall be considered% (1) Access for police, fire, and other emergency vehicles; (2) The condition of existing streets in the area to be used for access; proposed or (3) The existing intersections congestion as a h result may of b the created development; exist PAGE 9 (4) The proposed circulation of traffic from and into pro- posed or existing streets; and, (5) Any other condition, existing or proposed, that may affect safe and adequate access. i (H) COORDINATION WITH SURROUNDING STREETS. s (1) The street system for each development shall be coordi- nated with existing, proposed, and anticipated streets within and outside the development, and shall be extended outside the devel- opment when necessary, so as to provide for adequate access, the safe and effective movement and circulation of traffic, or for other reasonable traffic considerations. (2) Streets shall be in alignment with existing or proposed streets of adjoining properties, except where the master plan, topography, requirements of traffic circulation, or other planning considerations make it desirable to depart from the alignment. (3) Local streets shall intersect so as not to create block lengths in excess of 1,200 feet, measured along the center of the block. (4) The extension of local or collector streets may be denied if it is determined that the extension would provide for an unacceptable use of the street for substantial through traffic. Streets not required to be extended beyond the development, but that are to be connected with proposed or anticipated streets outside the development at a future date, shall be extended to the property line at the point where the connection is expected. Cul-de-sacs shall be provided in accordance with the provisions of this article. (I) INTERSECTIONS. (1) Streets shall be laid out so as to intersect as nearly I as possible at a ninety (90) degree angle. Curvilinear streets shall be designed so as to approach an intersection at a right angle for at least 100 feet from the intersection. Not more than two streets shall intersect at any one point. (2) Propqsed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of the street. Where a center line offset (jog) is allowed at an intersection, the distance between center lines of the intersecting streets shall be not lees than 150 feet. PAGE 10 E F f shall(maintainreat streets which distance connect with the sa e streets in accordance separation between thT e intersestret cting distances shall be measured with Appendix A-7, he specified of the two connectin from the nearest right-of•ws lines streets connect to the goo treets, at the point where y r mmon street, the two (4) Intersections shall be desig ever possible. In hilly or designed with a Ee t grade when- an intersection s;iall b~i rolling areas, the street a ~60Ceed a two percent provided with a leveling area chat e measured from Vie) grade, for a distance of sixty' feet intersecting street. nearest right-of-way line of the (5) Intersections shall be designed and slopes, trees, or other natural or constructed so that create a visual obstruction within manmade structures do not triangle", as defined by the Code oany intersection visibility way dedications for other of Ordinances. All right-of- include the intersection than intersecting local streets shall of visibility triangle In intersectin the reduction of the ®required etreeta, the City En case of gineer may a f which would be dedication of right-of-way below othat i triangle, if not needed included for in the intersection's visibility or traffic safety, maintenance, repair, reconstruction, r W) MEDIANS. (1) When any development is re one-half of any arterial street a required to provide more accordance with the deal n et ' median shall be provided hip r ' 8 andards of Appendix A-1. width (2) All portions of the median less be installed with a ma than eight feet in concrete or similar material inten free surface excluding asphalt. aPProved by the e City Engineer, but ut (3) For every 1000 square feet of n area thereof not required to be a maintenance efree surfs er, a tree with a trunk of three inches Portion ground level, shall be instalor more in diameter, measured from be from an approved list led. The type of trees used shall Other o an a of the medi maintained by the Parks Department. free aUrfaca shall be landsce ed roruxer to be a maintenance with plans approved by the City iscped in accordance PACE 11 I I V t (K) CUL-DE-SACS AND DEAD END STREETS. (1) Cul-de-sacs, or loop streets, shall be used whenever necessary to discourage through traffic on residential or local streets. No cul-de-sacs shall be located except at the end of a atreet or the intersection of streets. (2) All permanent and temporary dead-end streets on which there is located a building lot that does not have frontage on any other street shall be developed with cul-de-sacs. The length of the street on which a cul-de-sac is located shall not be more than 1,000 feet, measured from the end of the cul-de-sac to the nearest intersecting street. (3) The right-of-way of a cul-de-sac shall have a radius of 60 feet for arterials, and 50 feet for all other streets. The radius of the paved portion of the turnaround, measured from the outer edge of the pavement, shall be 40 feet. All permanent cul-de-sacs shall be built in accordance with design standards for streets and shall be provided with curbs and gutters. Temporary cul-de-sate for dead-end streets which are proposed to be extended shall be in accordance with the specifications of Appendix A-7. They may be constructed of asphalt, or rock material approved by the City Engineer, and shall be located within a dedicated right-o£-way. (L) ALLEYS. (1) Alleys may be allowed in residential developments and may be required for developments in nonresidential zoning districts where necessary to provide for adequate access for service vehicles, off-street loading or unloading, access for emergency vehicles, or similar reasons consistent with the intent of these standards. (2) All alleys shall have at least two direct access points to local public streets, each access point terminating onto separate streets. (3) Alleys shall not have access to arterial streets. Alleys shall only be reasonable allowed to connect accollector streets where there is no other dedication isadetermineddedicated serve the public interest. where such (3) Alleys shall conform to the design standards shown in Appendix A-4. PAGE 12 i r i i .0 f I (M) PRIVATE ROADS. (1) A development located in a planned development zoning district may be approved with one or more private roads when: (a) The road will have direct access onto a public street; (b) The road is not necessary or planned to serve or provide for traffic or drainage outside the development; (c) The road is so routed or designed so as to discourage through traffic; and i (d) The road will provide for adequate access, the safe movement of traffic, drainage, and generally serves as an adequate alternative to a public street. (2) When the private road will serve more than one lot, the developer shall submit to the Commission for approval a wrl.tten and binding declaration, to be recorded prior to the accep'.ance of any public improvements, establishing an owner's association or similar legal entity which will have: (a) The legal authority to maintain and exercise control over the road; and, (b) The power to compel contributions from owners within the development to cover their propor- ,g tionate shares of the cost associated with maintenance of the road. (3) Private roads shall conform to the design specifics- tions set forth in Appendix. A-4, unless the road is the sole accaea to the development, in which case the private road shall conform to the design specifications for public streets. (4) Where any parking areas or spaces are to be used along or adjacent to the private road, the parking areas and spaces shall be designated and constructed in accordance with the design standards applicable to parking lots so that the parking areas and spaces will not interfere with the use of any public streets. (S) For the purpose of this section, a "private road" shall mean any open way used for vehicular traffic, not dedicated to public use and not part of a parking lot, designed and used to provide vehicular access to a development or lot. PACE 13 1 it r I 1 (N) STREET MMES AND SIGNS. (1) Street names shall be assigned by the developer, subject to Commission approval, by placing the name on the plat. Streets which are to be in alignment with existing streets shall be given the same name. Names shall be sufficiently different in sound and spelling so as not to cause conflict or confusion. (2) Street name signs shall be installed by the developer at all intersections within or abutting the development prior to the acceptance of any street. The name signs shall be constructed, located, and installed in accordance with written specifications on file with the City Engineer. (0) STREET LIGHTING. f (1) All developments shall provide for lighting of all streets, sidewalks, and public rights-of-way which are to be used for vehicular or pedestrian traffic so as to insure the safe use thereof. { (2) Street lights shall be installed within dedicated ease- t ments at all intersections, in cul•de-sace, and along all public streets at intervals of no more than 300 feet. J (3) The required street lights shell be installed by the City upon payment of the cost by the developer. No streets sidewalks, or other public rights-of-way required to be lighted shall be accepted for public use until the requirements of this section are met. c (P) FIRE LANES. All developments shall provide for fire lanes in accordance with Article V of Chapter 10 of the Code of Ordinances, as amended. {Q) SIDEWALK (1) The following requirements are adopted for the purpose of insuring that each development provides for the sidewalks or walkways necessary to serve pedestrian traffic to, from, or across the development. (2) All developments shall, within a dedicated right-of-wa I provide sidewalks along both sides of all streets within the 4 PAGE 14 r I 1 devel...ment and along one side of all perimeter streets; provided, however, that whenever this Code provides for an exception to the requirement of improving an existing perimeter street to City specifications, no sidewalk shall be required along the existing perimeter street, unless it is a state or federal highway, in which case, a sidewalk shall be required. i (3) In lieu of requiring sidewalks along both sides of all streets, the Commissicn may approve a comprehensive pedestrian ' access plan. Such plan should provide adequate pedestrian access to schools, recreational facilities, parka, adjacent shopping and employment centers, and connect with existing or planned pedestrian facilities. i (4) Sidewalks required by this section shall be placed and constructed according to the specifications set forth in Appendix A-b, which shall include handicap ramps at all intersections and driveways. Sidewalks shall be constructed of concrete; provided that other materials, excluding asphalt, may be approved by the City Engineer, if: (a) The material and construction methods used would provide a sidewalk that is as durable, maintainable, safe, and as adequate as one made of concrete; and (b) The sidewalk would be more environmentally desirable or more in keeping with the overall design of the development. (5) When the requirements for perimeter street improvements are deferred in accordance with the provisions of this Code, the required sid,iwalka for the perimeter street may also be deferred in the same manner. In any case, the requiremen* ',)r sidewalks may be deferred in the same manner as for parimete-L greets where the existing perimeter street is proposed to be widened or improved in tAa foreseeable future, as shown by the City's Capital Improvement Plan or a current State plan, if the widening or construction would require the removal or relocation of the required sidewalk. j PACE 15 4 i DIVISION III. DRIVEWAY AND PARKING LOT REQUIREMENTS AND DESIGN STANDARDS Article 4.05. After the effective date of this article, no person shall construct, reconstruct, replace, relocate, alter, enlarge, improve, maintain, perform any work on, or make use of any parking lot or driveway on any property within the City of Denton for which a permit is required under this Division except in accordance with the requirements of this Division. (A) DEFINITIONS. In this Division III, the following words shall ave the following meanings: (1) Department. The Department of Public Works. (2) Driveway. That portion of the parking lot that consists of a travel Zane opening onto a public street. (3) Perkin Aisle. The portion of the parking lot con- sisting o lanes providing direct access to parking spaces. (4) Parking Lot. That portion of an(, lot that is used by vehicles oraccese, circulation parkg, and loading and unloading. It compria;s the travel lanes, parking area aisles, parking spaces, driveways, and loading and unloading areas. (5) Permit. A Parking Lot/Driveway permit as required herein. (6) Travel Lane. That portion of the parking lot which is used ffor t e c rcu a non of traffic entering, exiting, or travel- ing through a parking lot, and is not used for parking spaces or parking aisles. (8) PERMIT PROCEDURES AND REQUIREMENTS. (1) Permit Re uired. A Parking Lot/Driveway Permit shall be require or each property o ,,other than property used or to be used for a single or two-family dwelling, within the City of Denton, in any of the following cases: PAGE 16 ,r T___.~ fSr 1 S: i I I 1 (a) For the construction of a new parking lot or for the improvement, reconstruction, enlarge- meet, relocation, or alteration of any existing parking lot. (b) For the construction of a new driveway or the reconstruction, relocation, or alteration of an 11 existing driveway. (c) For the alteration or rearrangement of parking spaces, travel lanes, stacking lanes, maneuver- ing areas, or fire lanes of existing parking lots. (d) For any application, submitted after the effec- tive date of this article, seeking approval of a plat or replat for property on which there is an existing driveway. (e) For any application, submitted after the effec- tive date of this article, for a Certificate of Occupancy for any use of property on which there is an existing parking lot or driveway which does not comply with the requirements of this Division if the property has been vacant for a period of more than six (6) months immediately prior to the application. (2) A lication, The application for each property for which a perm t a required shall be submitted to the Department on a form furnished for that purpose, along with the required F fee if any If all of the information required for the application is submitted with or shown on any other plans or application required under any other ordinance, including an application for a building permit, a required landscape site plan or a planned development detailed plan, no separate appplication for a permit shall be required. The Department may waiva, in whole or part, the submission of any information or plane otherwise reqquired if it determines that the nature or scope of the work ie such that the information or plane are not necessary to obtain or determine compliance with this Division. The application for each property for which a permit is required shall: (a) Describe the location of the property for which ` the permit is requested. r (b) Be accompanied by plans and specifications, in the manner and form as specified by the Depart- ment, showing the number and dimensions of the PAGE 17 1 r Parking spaces; the location and dimensions of travel lanes, fire lanes, driveways, and stacking areas; and the minimum storage cappacity on the lot for any drive-through facilities, if any. (c) For any existing driveways or parking lots which violate a requirement of this Division, show how f compliance is to be met (relocation, rearrangement, closing of the driveway, reconstruction, etc.); or if any proposed or existing driveway or parking lot will not be in compliance with a requirement of this Division, give detailed information why com- ppliance is not possible or should not be required. In such cases, the City Engineer may require the applicant to submit a traffic study performed in E accordance with accepted professional traffic engineering y containing information specified by the City Engineer, to show any adverse impact that may result from approval of the permit. (d} For any proposed or existing driveway accessing an arterial or collector street, be accompanied by a site plan, drawn to a scale of at least V to 5010 showing the following; (i) The proposed land use and the location of existing and proposed structures or buildings. (ii) The general layout of any existing or proposed parking lot for the property, including any parking lots, or portions thereof, located on other properties which are not totally sepa- rated or designed to be used independently. (iii) The dimensions, location, and design of the driveway on the property for which the appli- cation is made. I (iv) All significant traffic features of the street accessed or to be accessed by the driveway (to the nearest intersecting streets on each side of the driveway which are not abutting the property), including the width, number of lanes, street parking, distance to the inter- secting streets, and the location and distance to other driveways on either side of the street. PACE 18 1 V F- (a) Contain any other information, plans, or speci- fication required by the Department to deter- mine compliance with this Code. (2) Issuance of Permit- Conditions. The application, plans, and apeci cat one a a e rev ewe y the Department, to verify compliance with the requirements of this Code or any other ordi- nance. If the Department finds that the plane for the parking lot or driveway for the property covered by the application conforms to this Code and other applicable ordinances, the permit shall be issued, The Department may issue a permit for property where any parking lot or driveway is not in compliance with this Code, if the Department determines that, because of same condi- tion peculiar to the property, compliance is not reasonably possible. Any permit issued may impose reasonable conditions or limitations that would serve the purpose of any requirement of this article, or would otherwise be necessary to provide for traffic safety, including, but not limited to the following: (a) Requiring that any existing driveway be relo- cated or that a new driveway be located so as to provide for joint or shsred access by i adjacent properties for present or future development, (b) Providing for use restrictions or special desiggn requirements for the driveway or parking lot it serves, such as divided one-way traffic, con- trolled turning movements into or out of the driveway, or controlled access from the street. (c) Providing for temporary use of a driveway or arking lot for a specified time or for a limited purpose, or until the occurrence of a specified event. (3) Refusal of Permiti Appeals. An applicant may appeal any denial, con tan, or m tae on of a If the Committee upholds the refusal, permit ndition ore liCotte mitation, I the applicant may appeal to the Commiesion, which shall make a final determination after receiving a recommendation from the 1 Citizen's Traffic Safety Support Commission. r (4) Coropliernce, (a) All driveways and parking iota shall be designed, installed, located, and constructed in accordance with the approved specifications, plans, conditions, and requirements of the PAGE 14 i ti t permit issued for the property and the require- ments of this article. No Certificate of Occupancy shall be issued for any building on any property for which a permit is required, I until the construction, improvements, alters- I tions, or other work covered by the permit is completed in accordance with the permit issued, the requirements of this article, or the provisions of any other applicable ordinance. Where no building permit was required in connection with the requested permit, no parking lot or driveway on the property for which the permit was issued shall be used until and unless the work is completed in accordance with the permit and this Code. i (b) Where the closing or relocating of one or more i existing driveways, or portions thereof, is ' necessary to comply with these requirements or a permit issued hereunder, access shall be closed by the installation of curb and gutter along the gutter line of the street, if any, and the filling of the existing driveway approach depression with asphalt or concrete, all in accordance with City specifications* if there is no existing curb and gutter on the street, the driveway shall be closed in the manner specified by the City Engineer. (S) Expiration. Any permit issued hereunder shall expire by limitationnan ecome null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. (6) Modifications. After approval of the work performed under the permit is approved, no person shall thereafter alter or change the approved driveway or parking lot without submitting a new application in accordance with the provisions of this Division. (C) ACCESS TO ARTERIAL STREETS. (1) P_urpos The following access regulations are adopted in recognition that primary and secondary arterial streets are designed and intended to be used as major routes carrying high volumes of traffic. Each driveway access allowed to an arterial PACE 20 i I 4 t street will necessarily interfere streets. These regulations, therefore, tarefad adopted o for the purpose of preserving and enhancing the traffic capacity of arterial streets by strictly limiting direct driveway access to those streets. (2) Driveway Access to Arterials to be Desi nated b Plat. The location and-pinta o access to arter a streets s a e determined and shown in accordance with the approved preliminary plat. No driveway shall be constructed which has not been shown on the approved preliminary plat. (3) Access Criteria. Driveway access to a primary or secondary arter a street shall be governed by the following criteria: I i (a) Access to any arterial street shall not be allowed unless there is no other reasonable means of providing safe and adequate access to the property. (b) Developments and residential subdivisions shall be required to provide a public marginal parallel access street, alley, or private parallel access drive to serve the development or individual lots fronting the arterial street, unless the requirement would make the property wholly useless for any permitted use as zoned. (c) No development shall be allowed access to an arterial street if property excluded from the development plans could have reasonably been used to provide adequate alternative access. (d) Any property previously subdivided in viola- tion of State law or City ordinance shall not be allowed accama to any arterial street, if other access could have been provided except for such unapproved subdivision of the property. ` (4) Access Standards. When driveway access to an arterial street is t e on y reasonable means of providing safe and adequate access to the property, so determined in accordance with this article, the following standards shall apply: (a) Only one driveway per property shall be per- mitted, unless all of the following conditions are met: PACE 21 l (i) the applicant submits a traffic engineer- ing study performed in accordance with accepted professional traffic engineering standards as determined by the City Engineer, clearly showing that the traffic for the single permitted driveway would exceed 5,000 trips per day, or 500 trips per hour during peak hour use; (ii) permitting the additional driveway would not violate driveway separation or corner clearance standards; and (iii) the need for each additional driveway would substantially outweigh any traffic problems or hazards created on the arterial street by allowing the additional driveway. (b) The driveway shall, whenever possible, be required to be located and designed so as to provide joint or shared access with adjoining properties. (c) The devel.+pment which is allowed access shall be required to pay for, design, or provide, at no coat to the City, all traffic control signs, equipment, structures, devices, or improvements which are reasonably necessary to minimize the effect of the additional access allowed or to provide for the safe movement of traffic or pedestrians. (D) ACCESS TO COLLECTOR STREETS. (1) Commercial, industrial, and multi-family properties fronting on collector streets shall be allowed one driveway for each 75 feet of frontage on one street, provided that each drive- way would meet the separation and corner clearance requirements of this article. (2) Residential subdivisions shall be required to provide a marginal parallel access street, alley, or private parallel access drive to serve the individual lots fronting upon a collector street, in accordance with the access standards applicable to arterial streets. (3) if any lot for single family or duplex residential dwell- ings is allowed direct driveway access to a collector street, each PAGE 22 • 4 I. lot may be required to share a common driveway. If shared access is not required, no lot shall be allowed more than one driveway. i (E) SEPARATION OF DRIVEWAYS. (1) These regulations are for the purpose of insuring that all driveways are separated by sufficient distance so as to avoid interfering with the safe movement of traffic. In interpreting and applying the separation requirements, the following shall apply: (a) The separation requirements shall be determined ` in reference to any existing driveways on or off the property. Where applied to a property which is located adjacent to an undeveloped ` tract, the aeparation requirements shall account for the placement of future driveways on the adjacent undeveloped property. (b) The minimum separation specified may be reduced if the amount of street frontage for the pro- party is insufficient to allow for one driveway access that would have the necessary separation from an existing driveway on adjacent property. If a reduction in the minimum separation specified is allowed, the separation shall be reduced only to the degree necessary to allow for the uriveway. (c) The separation distances specified shall be measured from the nearest edge of each driveway at the right-of-way line. (2) The minimum driveway separation standards are as follows: .f Street Minimum (in feet) Arterials 300 Collectors 75 Local/Estate 10 PACE 23 -i . e (F) CORNER CLEARANCE STANDARDS. (1) To insure that the traffic movements from driveways do not unduly conflict with the movement of traffic on intersecting public streets, the following minimum distances between driveways and the intersections of public streets are tdopted. In inter- preting and applying the standards, the following shall apply; (a) A reduced requirement may only be used if abso- lutely necessary to property where no other means of accessc meeting the corner clearance requirement is reasonably possible. 4 (b) The specified distances shall be measured at dthe nearest thenintersecting tr et o to the right-of-way line of the intersecting street. j (2) The minimum corner clearance requirements are as follower Intersection Type Minimum in feet) Arterial - Arterial 250 Arterial - Collector 150 Arterial - Local 50 J Collector - Local 50 i PACE 24 ~ylK "L t f ` I (G) DRIVEWAY WIDTHS AND GRADES. (1) Widths. Driveways shall meet the following width stan- dards, un eT ss adjoining properties provide for shared access of f one driveway, in which case a driveway of greater width as necessary to serve traffic from both properties may be permitted upon approval of the City Engineer. I Curb Width fL.J Radius (ft.) (a) Single or Two-family Use Maximum 20 5 ` Minimum 10 5 I I (b) Other Lend Uses Two-Way Dr~ivewa Max mui - m 24 20 Minimum 10 j One-Way Dri_veweway Sin f-e Lane ntry/exit Maximum 1S 20 Minimum 12 10 Two lane exit only aFf zimm Minimum 24 10 (c) Upon a showing that significant projected truck traffic creates the need for modification of the above, the following maximum driveway designs may be permitted upon approval of the City Engineer: Curb Width (ft.) Radius (ft.) Two-Way Driveway 35 30 (2) Driveway Grades. All driveways accessing public streets shall have no more than a fifteen percent (15X) grade and shall have a minimum 6 inch rise from the gutter line to the radius point. PAGE 25 4 . V t (H) PARKING LOTS. In order to insure that the use and design of parking lots do not unreasonably interfere with the efficient and safe use of the public streets, the following regulations shall apply: i (1) All properties shall provide for the number of parking spaces as required by Appendix B-Zoning of the Code of Ordinances. 4 (2) The dimensions of all parking spaces shall be in actor- dance with the dimensions shown in Appendix A-5. f (3) Parking lots shall be located or designed so as not to require vehicles to back into a public street, a parkin lot travel lane or the area where parking area aisles intersect with travel lanes, as shown in Appendix A-5. (4) Parking lots shall be designed so that no part of any public street will be used as a maneuvering area, travel lane, or a parking area aisle for any parking lot. Each driveway shall have the required vehicle stacking distance within the parking lot as specified in Appendix A-5, provided, however, the City Engineer may impose a greater stacking distance in particular camel, when clearly necessary so to prevent interference with the use of any public street. Each stacking area shall be designed as to be separated from the remaining portion of the parking lot. (5) Each property on which is located a business or facility which offers drive through window service, such as fast food restaurants and banks, shall provide the minimum required vehicle reservoir capacity within the parking lot as specified in Appendix A-5, so that vehicles will not interiors with the use of any public street. I (6) No property shall be designed to make use of the parking lot of another property without the express written permission of the owner of the other property. (7) All parking lots shall be so designed and constructed without view obstructions so that vehicles may enter, circulate through, and exit the parking lot in reasonable safety without danger to pedestrians or other vehicles. (8) Parking lots shall be designed, constructed, and maintained ro that vehicles cannot extend beyond the perimeter of the lot onto adjacent properties, public rights-of-way, siLlowalks, or areas used as walkways. PAGE 26 .r I ~ (9) No portion of any parking lotr other than a driveway, shall be located within five feet (5 ) of any public street right-of-way. (10) Parking lots shall comply with the landscaping require- ments of any other ordinance. I (11) All parking lots shall be surfaced with asphalt or con- crete in accordance with the specifications set forth in Appendix A-5, and shall be constructed in accordance with the applicable provisions of the City's N.T.G. Standard Specifications. The area shall be properly maintained in good condition so as to be free of potholes or other defects and so that all parking space lines or other markings are kept visible and distinct. Article 4.06. Reserved. SECTION It. That Appendices A-1 through and including A-7, as re stance erein, are adopted as part of the regulations and requirements of this ordinance, as though fully incorporated herein. SECTION 111. That articles 4.17, 4.18, and 4.19 of Chapter IV o rt c e I of Appendix A of the Code or Ordinances are repealed. SECTION IV. That if any section, subsection, paragraph, sentence, ate; phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent ,urisdiction, 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 declrres it would i have enacted such remaining portions despite any such invalidity. SECTION V. Any person who shall violate a provision of this ordinance, or fails to comply therewith or wLth any of the requirements thereof, or of a permit or certificate issued there- under, as these provisions, regulations, requirements or permits or certifiettea apply to any property located within the corporate limits of the City of Denton, shall be guilty of a misdemeanor k punishable by a fine not exceeding hive Hundred Dollars ($500.00). Each such person shell be deemod guilty of a separate offense for 1 each At,d every day or portion thereof during which any violation I of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. PAGE 27 R i J eff tive SECTION VI. That this ordinance ah lbe coand theeCCity fourteen ays from the date of its passage, Secretary is hereb to then Denton Record-Chronicle, ordinance to be p p within ten ( f Denton, Texas, the official newspaper date of its City o 1988. PASSED AND APPROVED this the day of O i I ATTEST: u4 ` e APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: s y 5 i PAGE 28 f ti E E i AppENDIX A - 1 SIRUT DESIGN SPECIFICATIONS f~ ' Arterials lACa1/ E Primary Collector Residential Estate f j (1) Pavement width (face g0 24 with 4 1 I to face) (feet) 2 (36') 2 (25')* 44 side slopes (2) Number of traffic 4 2 2 lanes 6 4 j (3) Lane widths (feet) 11 11 11 11 12 j (4) Right-of-Way (feet) 100** 80 60 50 60 (5) Vehicle capacity policy (vehicle 790 per hour) 2,700*** 11400*" E 400 400 (6) Design speed (mph) 45 40 35 30 30 (7) Minimum grade (x) 0.5 0.5 0.5 0.5 0.5 (8) Maximum grade (Z) 7 7 7 7 7 (9) Minion center line radius (feet) 150 500 300 250 250 , ` (10) disttanccee (site feet) 175 275 250 200 200 (11) Minimum median C width (feet) 14 14 n/a n/a n/a (12) Minimum opwing (feet) 400 400 n/a n/a n/a (13) Minims radius for 20 20 No curbs Nib curb return at in- 35 20 tersections (fast) " (14) Reverse amw separation Minion- (feet) 100 100 75 0 0 *Divided roadwayst each with specified width. **Right-of-wy flares to are hundred twenty (1201) feet of right-of-way one hundred fifty (1501) feet from intersection on both aides intersecting other maor or secondary arterials. ***t.evel or Serrice "C". i / T T ~r APPENDIX A - 2 06 Design Standards for Connection of Perimter Streets i to off-Site Perimeter Streets 3 1) Minimum Length - 100' transition Minimum Pavement Section - 2" Asphalt - 6" lime - residential III 5" Asphalt - 6" lime - Others i 2) Traffic control devices shall be installed to provide for safe, efficient, and properly marked use of tr:e proposed transitional areas in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices, published by the State Department of Highways and Public Transportation. 3) Chart i Min Min Design Radii Length Residential 250 100' Collectors 300 150' Secondary Arterial 500' 250' Major Arterial 150' As needed NOTE: All radii and lengths are based on actual street section constructed not classification. a 4 e APPENDIX A- 3 wow No" /MM111R r" a aw.« 09" Gj OMw f oo~ 10 ATM 1.1N► 1aaa~ ` wrrl►a 6" MssrM 1 f to ` $Poo 10 1! 1{ Ip / RAVI" OV/M i 0 10 A M1MW 10 1! N ! /Mq 1{ 1{ N piJIM IN ilyAl { { 10 MKWM 10 ti 1/ /Two N N N I MMM10ATON! ow { N 11tlMM N 1s ti /NM is if N MAMTOR /N/IM 1 10 ti CRACOW MM~w 10 1{ N M 1/ N N { OAMf N f 11 me+ gww MIiwM f N 1 f IM+ IIM iwb / NNNNNIlIi CRACOW NrM / i{ i f N / f ti MINiM { { N t N 1{ f 1i t/ Irmo ! NNNNNIlNN MTNOIN "M tyMM{ / f N 90" 1 N N TOTAL 0197w Palm CATUMV . nooveg MUM ♦o - 40 nO ~OWILAY NNIM sJ0 II~CY0.t-1.•.' r 1 f r APPSIMII A-4 ALLOYS An PRIVATS ROAN MIMIRAi R9491ROls1N FOR AU.M (RRAR ACC288) j Mini~,a Yl~p I Klnia+w 1~5191is11 TAlotn.as I Rinlsua I I (Canter Lln.l Ins 1 Isoo"At } M IPaYewatIlasesntI Radius IOAeehaltlfConar•t• ! Corner Cis Residential I 12' I 16' I SO' ( S" I S" I S' X s' j - I f I I I I won I I I I I I Residential I 16' I 26' I So' I 6" I 6" I lo' Y 10' I I I I I ~ I KIMIMUM R24UIREMMY8 FOR PRIVATI A"US ROADS I Kinisom I Kinlaua I llinlaia Thicka"A I Pavesnt Width (Center Lisel Is* I s I Residential zo i 2; 1 SC' I s" I s" Isseludlns Parkinal I I I Nod I 21' 1 so' I 6" I 6" j Residential 'ssoludin4 Partlogf ~ I j Read in Parking Is 6100ourapd along private roads, but MW be pamitted aloft Sgt or less of the length of the road. e All sconces are to have 6 Inches of its subgrade. ss Concrete seotLons an to be reinforced vitb 3/6 inch bars on 24 inch centers or 6x6 number 6 wire soh. ss■ 20 feet is aluLiaw firs lane requireomt. 0689@/2 w rr I , APPINDI= A-5 PARKING LOT SMACD {MIXO M RiQDIROMM) , f 1 I Minims Pavessnt Thickness I NCOno!*te I As phalt Existing unpaved Parking Lot 15 Inches with 12 inches with compacted bass i 6 inches flex base Now Parkin: Lois I fLre and Drive Lanes 15 inches with 5 inches with 16 inch list subgrsdel 6 inch lime sub{rads Parking Area II 5 inches with 12 Inches with compacted bus 16 inches flax bass I I I ~ " Concrete stations are to be reinforced with 3/e inch bars on 21 Loeb centers or 6 x 6 number 6 wire mesh. ~u F Construction materials and methods are to conlora to North Texas Council 1 of Governments standard specifications and City of Denton addandure to the { NTCOO specifications. q 1 S 1 r i 0689el3 z t r N C APPENDIX A - 5 I PARKING LOTS SP CE USED FOR VARIOUg PARKING SPACE DIMESIONS AND MANEUVERING AREAS 2 22 x' ' PAAAI.IFL ~ ® N 'a f 30• m r Z N~ /S + N d 40• a Fn d s 1 i i i I f 1 I I' APPENDIX A _ g PARKING LOTS E i j 21 i 40, p N y "a Z 6,40 M ~ 10.4 J i l i 29" 90• N t N:NUM@EIR OF PARxiNo sPACfs a (ITH OF PAR1fIN0 L I GAYS (2) COMPACT PARKING SPACES -0~ its -d d 1 g ~ V r APPENDIX A- 5 PARKING LOTS I IaT "OL 24' Hil I' PARKING AISU J y ILL I ti f STREET 1 1 - APPENDIX A• 5 PARKING LOTS (3) IA' 4' lAit t Ia 2.0' .o, a RIVE///~I LANES !'Reittd y~ C ai ao01 o~ 24 (4) FMT3;Q DRIVE LANE O IL i j STREET r ~a I I APPENDIX Am 5 PARKING LOTS j + UDM "ACKM DISTAYCi i 0 - 50 91 - 100 ' 20, 101 - 250 40' 231 - goo ' dot 501 "d orae I TeattloeStudT Ityuirq (6) MlNJMUM ST RAG reo...I FOR DRIVE TWOUGH FACILITIES Drive Thru Facilieie, x k n 90 " i w ..y .w 22 x m 14 n ~n 06dg~a/1 ~ • n oo a ♦o a +oo no w ao w goo s~o i rK+4o tfuTp♦r el Cart Arriviaq Durir,q pwk Moul 240 APPENDIX A- 6 SIDEWALK AND HANDICAP RAMP UETAiLS s I I i 4.0+ Top Of ri ! Sidewalk Appre•Ch Slep• PROFILE VIEW • 1 Slo • (Mei.) ORIVrWAY RAMP fdMira `0~ li" 4.0Ir>" s Te Of Curb Orlr•wyM~p PLOfC•rb !/2"Llp(Mu•.) 9 PLAN Vl[fi PROM? VIlW llAa DICAP RAMP f • 4.0 "1 Vtr1 GblHint Curb Z" send ROW C"" SKQTLft i i i APPENDIX A-7 TEMPORARY TURNAROUNDS V r-O M n mum i.-m- m T c ness Outside Radius rus a oc s a t Use 6„ 2„ Residential 45' 10„ 5„ Other Than 45' Residential i * Turnarounds require a 6" lime subgrade. t s DISTANCE SPACING BETWEEN INTERSECTING STREET CLASSIFICATIONS 1 j Arterials Coll` r Local - 1,000 400 (if permitted) Arterials 59280 00 1 Collectors 1,000 1 20 0 200 400 (if permitted) Local A ` { t ~1rrrl' I V I r CITY of DENTON, TEXAS 215 E. WKINNEYI DENTON, TEXAS 762011 TELEPHONE (817) 5688200 s .r . MEMORANDUM I Date: May 4, 1988 lr To: Mayor and City Council 1 ~ From: Cecile Carson, Urban Planner Subject: Sidewalk Regulations The Planning and Development Department surveyed thirteen (13) cities } about sidewalk standards and regulations. The survey resalts include the following: ' 1) Eleven (11) cities require sidewalks in all developments. Two (2) cities limited sidewalks to specific areas. 2) Sidewalks are required along arterials in all cities surveyed, along collectors in twelve (12) cities, and along residential in ten ()0) cities. 3) Sidewalks are required along both sides of the streets in all cities surveyed. A copy of the survey is attached. Staff will be available to answer " questions at the May 101 1988 meeting. I~ , 4f h e cile' Carson 9,. i ab h Attachment .h'h 1'y i SIDEWALK SURVEY k Sidewalks required in subdivision regulations for all new developments: City Yes No Comments 1. Addison x i 2. Arlington x i 3. Carrollton x 4. De Soto x S. Fort {Forth x I 6. Garland x i 7. Hurst x i Only within 300' of shools 8. Lewisville x 9. Mansfield x 10. Mesquite x i j 11. North Richland Hills x ? Only in commercial areas 6 ! i along thoroughfares 3 12. Plano x t 13. Richardson x i SUMMARY Eleven of the cities surveyed indicate that sidewalks are required in all new developments. Hurst requires them only if they are within 300 feet of a school. North Richland Hills requires thom only in commercial cevelopment areas and along major thoroughfares. { r. i r' f 1 1 t Sidewalks are required along: City Arterials Collector Residential Comments j 1. Addison I Yes Yes Yes 2. Arlington Yes Yes ` Yes So' ROW fl 3. Carrollton Yes Yes or more Yes ` 4. De Soto Yes Yes II Yes S. Fort Worth Yes Yes ~ Only some 6. Garland Yes Yes Yes 7. Hurst Yes Yes No 8. Lewisville Yes Yes I' { Yes ! 9. Mansfield Yes Yes No 10. Mesquite Yes Yes Yes ~ 11. North Richland Hills Yes No No , 12. Plano Yes Yes Yes 13. Richardson Yes Yes ~ Yes SUMMARY All cities surveyed require sidewalks along arterials. Only North Richland Hills indicat.id that sidewalks were not required along collector streetF. Nine cities require sidewalks along residential streets. Of the remaining four, Hurst, Mansfield, and North ' Richland Hills do not. Fort Worth requires them only on some residential streets. ti I `f i r i V i j Sidewalks are required on: i City One side Two sides Comments i 1. Addison x 2. Arlington x 1 3. Carrollton x 1 4. De Soto x 5. Fort Worth x 6. Garland x 7. Burst x 8. Lewisville x 9. Mansfield x 10. Mesquite x ! 11. North Richland Hills x j 12. Plano x 13. Richardson x SUMMARY {f All cities surveyed require sidewalks on both sides of the street within the development. 1 j .r I r' 4 i i r V ' Minimum width requirements: City 4' S' 6' Comments I I 1. Addison x 2. Arlington x 3. Carrollton x x 4' Res./5' - Comm. 4. De Soto x x 4' - Res./S' - Comm, ` 5, Fort Worth f } 6. Garland x x 4' - Res./6' - Comm. r 7. Hurst x j 8. Lewisville x j " 9. Mansfield x 4' - abutting ROW 10. Mesquite x x 5' - abutting curb 11. North Richland Hills x 12. Plano x x 4' normal 5' - along arterial with wall or fence 13. Richardon x x 4' - Res./5' - Comm, SUMMARY } Six cities surveyed require 4' sidewalks for general development, only one, Addison, requires 5', Of the remaining six, two widths were used, generally one width for residential areas and one width for commercial. Mesquite indicated a wider width for sidewalks abutting curbs. Plano requires a wider width for sidewalks along arterials that abut the curb and a wall or fence. 1 ` 41 l- l i 1 Required placement of sidewalks: City @ 8 of C @ ROW Other E Addison x Or circulinear I i Arlington 1' inside ROW Carrollton Res - 1' inside ROW { De Soto Com - @ B. of C. x Fort Worth Min 4' from B. of C. Garland a' inside ROW Hurst x E Lewisville 1' inside ROW Mansfield 1' inside ROW Mesquite 0 tional ( see North Richland Hills x width requirement) b Plano 2~' inside ROW Richardson x { SUMMARY There appears to be no standard for placement of sidewalks among the thirteen cities surveyed. However, a It placement inside the ROW occurs most frequently in four cities. Carrollton additionally requires this for residential areas, but the sidewalks are required at the back-of-curb in commercial areas. i i 1 i ' y 1 pp~ J, t .1 I r~ i Subdivision regulations allowing for development of an alternative walkway system in lieu of sidewalks: City' Yes No 1, Addison r r 2. Arlington x 3. Carrollton x 4. De Soto x S. Port Worth x 6. Garland x 7. Hurst x 8. Lewisville x 9. Mans fie Id x 10. Mespuite x e 11. North Richland Hills x 12, Plano I ► x 13. Richardson x SUMMARY: Twelve cities indicated that their subdivision regulations do not provide for a alternative walkway system. Only Garland indicated that it does, ,r I J t I } Variance procedure for sidewalks: ` City I Yes II No ` 1. Addison ; x i 2. Arlington x 3. Carrollton x 4. De Soto x 5. Fort Worth x 6. Garland x ~A 7. Hurst x 8. Lewisville x 4. Mansfield x t 10. Mesquite x 11. North Richland Hills x 12. Plano x } 13. Richardson x I C I SUMMARY Of the thirteen cities surveyed, only two do not provide a provide a variance procedure for sidewalk construction. i . 1 , 4 i t ti t , Other exemptions or exceptions allowed for sidewalk requirements: City Yes No Comments 1. Addison x 2. Arlington x 3. Carrollton x More than 1000' block requires access (sidewalk) through middle of block 4. De Soto x 5. Fort Worth 6. Garland x Sidewalk construction is r exempt on unimproved roads, but money is kept in escrow j for later construction 7. Hurst x , 6. Lewisville x Not required where there is no curb in place , 9. Mansfield x i 10. Mesquite x Not required on unimproved 11, North Richland Hills x streets 12. Plano X Meandering in ROW is allowed to avoid obstructions i 13. Richardson x h SUMMARY Eight of the thirteen cities surveyed indicated that no exemptions or exceptions were written into their subdivision regulations. Three of the remaining five cities do not require sidewalk con- struction along streets not having curb and gutter. One of these cities does hold the sidewalk funding in escrow for later con- struction. ~i t i f. s E 1 i ♦F 't f j f 3 2 I E~ (f[X i C rS 1 P a i ! ' I {k F i E 4Y f S ff i i j f FILE 1 fE 7 1 t