HomeMy WebLinkAbout06-21-1988 ,m
AGENDA
CITY OF DENTON CITY COUNCIL
June 21, 1988
Work Session of u e City of Denton City Council on Tuesday,
June 21, 1968, at 5:15 p.m, in the Civil Defense Room of City
Hall at which the following items will be considered:
Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agca.da for the
Regular Meeting.
5:15 P.M.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Receive an update and hold a discussion
regarding Maverick vs. the City, of Denton
p• 2. Discuss County vs. City of Denton.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(gj,
Auk Art 6252.17 V.A,T,S.
1. Hold a discussion and consider appointments
to all City of Denton Boards and Commissions.
2. Briefing regarding the 9-1-1 Emergency District.
3. Hold a discussion regarding the recommended Five Year
Capital Improvement Plan.
Regular Meeting of the City of Denton City Council on Tuesday,
June 21, 19880 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. Receive a request from the Kiwanis Children's Clinic
to place a banner across Locust Street at the
intersection with Mulberry announcing the annual
Fourth of July Fireworks Show.
' 2. Public Hearings
A. Consider a petition of Victor Equipment Company
requesting a variance of Article 4.04 of the City
of Denton Subdivision and Land Development
Regulations on a 15,451- acre tract located south
of FM 1515 and west of I.35W. This property is
further described as a tract in the E. Puchalski
Survey, Abstract No. 996. Article 4.04 requires
that developers install sidewalks on one side of
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City of Denton City Council Agenda
June 21, 1966
Page Z
all thoroughfares and collector streets adjoining
a subdivision. A sidewalk is required along the
i south side of PM ISIS and the west side of
I.3SW. V-44. (The Planning and Zoning
commission has no recommendation,)
B. Consider an ordinance amending Articles 4.01
through and including Article 4.06 of Chapter IV
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;
repealing Articles 4.17 and 4.18 of Appendix A;
providing for a severability clause; providing a
penalty in the maximum amount of $500.00 for
violations thereof; and providing for an
effective date. (The Planning and Zoning
Commission recommends approval.)
1. Consider adoption of an ordinance amending
Articles 4,01 through and including Article
4.06 of Chapter IV of Article III of
Appendix A of the Code of Ordinances.
C. Consider an ordinance amending the Code of
Ordinances to add Appendix C-Tree Preservation,
Landscape, and Screening Requirements and
Regulations. (The Planning and Zoning Commission
recommends approval,)
1. Consider adoption of an ordinance amending
the Code of Ordinances to add Appendix
C-Tree Preservation, Landscape, and
Screening Requirements and Regulaticns.
3. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda items 4.A, 4.B, 4.C). This listing is
iAk provided on the Consent Agenda to allow Council Members to
discuss any item prior to approval of the ordinance.
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City of Denton City Council Agenda
June 21, 1988
Page S
A. Bids and Purchase Orders:
1. Bid 09667 - Asphalt. Emulsion 6 Road Materials
h 2. Bid #9866 - Radio Controlled Load Switches
3. Bid 09658 - Woodrow Lane Culvert and Channel
Improvements
r 4. Bid 19863 - Fiberglass Poles
S. P.O. 0 64669 - Poly American - $29,SSO.
B. Plats and Replats
1. Consider approval of preliminary plat of the
Goldfield Tennis Center Addition, Lots 1 and
20 Block 1. (The Planning and Zoning k
Commission recommends approval.)
2. Consider approval of preliminary replat of
part of Lot 27 to Lots 27A and 27B, Little
Brook Estates, Unit Number 2. (The Planning
and Zoning Commission recommends approval,) i
3. Consider approval of preliminary plat of the
Victor Addition, Lot 19 Block A. (The
Planning and Zoning Commission recommends j
approval.)
C. Tax Refunds
1. Consider approval of a tax refund for Denton
Savings Association/George Chauncy for
$617.62.
4. Ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
` contracts for the purchase of materials,
equipment, supplies or services.
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
C. Consider aduption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state lax
exempting such purchases from requirements of
competitive bids.
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City of Denton City Council Agenda
June 21, 1966
1 Page b
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D. Consider adoption of an ordinance directing the
publication of notice of intention to issue City
of Denton Utility System Revenue Bonds, Series
1966, in the maximum principal amount of
$315001000, and directing the issuance and
publication of Notice of Sale of said bonds,
E. Consider adoption of an ordinance approving
Deloitte Haskins and Sells to begin an audit of
the fiscal year ending September 30, 1988,
F. Consider adoption of an ordinance by the City
Council of the City of Denton amending ordinance
No. 67.027 by establishing an Air Conditioner
Cycling Rebate (ACCR) Schedule for customers
served under rate schedules R-1, R-2, GS and G1
and m6king available a credit to the electric
utility bills of those persons who contract with
the City of Denton for such rebate, (The Public
Utilities Board recommends approval).
G. Consider adoption of an ordinance exercising the
option to extend the contract of Heard, Goggan,
Blair, and Williams for one year beginning July
10 1986 through June 30, 1969, for the collection
of all delinquent taxes.
Resolutions
A. Consider approval of a resolution appointing a
member to the Board of Managers o° the DENCO Area
9.1.1- District,
6, Consider an appointment to the Blue Ribbon Citizens
Committee for Solid Waste,
7. Miscellaneous matters from the City Manager
As May Budget Recap
6. Official Action on Executive Session Items:
A. Legal Matters
0. Real Estate
C. Personnel
D. Board Appointments
9, New Business:
A
This Item provides a section for Council Members to
suggest items for future agendas.
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City of Denton City Council Agenda
June 21, 1968
Page 5
10, Executive Session:
A, Legal Matters Under Sec. 2(e), Art, 6252-17
a, V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252.17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
` Art 6252-17 V.A.T.S.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the I
bulletin board at the Cit Hall of the City of Denton, Texas,
on the i day of, 1968 at ,e!.o'clock
(a.m.} p. m.
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i AGENDA
CITY OF DENTON CITY COUNCIL
June 21, 1988
Work Session of the City of Denton City Council on Tuesday,
June 21, 1968, at 5:15 p,m. In the Civil Defense Roam of City
Hall at which the following items will be considered:
Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
Regular Meeting.
5:15 P.M.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 j
V.A.T.S.
1. Receive an update and hold a discussion
regarding Maverick vs._the__City of Uenton
2. Discuss County vs. City of Denton.
B. Real Estate Under Sec. 2(f), Art. 6252-17 j
V.A.T.S. i
C. Personnel/Board Appointments Under Sec. 2(g), it
Art 6252-17 V.A.T.S.
1. Hold a discussion and consider appointments
to all City of Denton Boards and Commissions.
2. Briefing regarding, the 9-1-1 Emergency District. t
3. Hold a discussion regarding the recommended Five Year x
Capital Improvement Plan, r
i
Regular Meeting of the City of Denton City Council on Tuesday, j
June 21, 1966, at 7:00 p.m, in the Counc." Chambers ni City 1
Hall at which the following items will be considered:
7:00 p.m.
1, Receive a request from the Kiwanis Children's Clinic
to place a banner across Locust Street at the y
intersection with Mulberry announcing the annual G
Fourth of July Fireworks Show.
2. Public Hearings
A. Consider a petition of Victor Equipment Company
k requesting a v5riance of Article 4.04 of the City
of Denton Subdivision and Land Development
Regulations on a 15.451 acre tract located south
of PM 1515 and west of 1.3SW. This property is
further described as a tract in the E, Puchalski
Survey, Abstract No, 996 Article 4.04 requires
that developers install sidewalks on one side of
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City of Denton City Council Agenda
June 21, 1966
Page 2
all thoroughfares and collector streets adjoining
a subdivision. A sidewalk is requi;ed along the
south side of H 1515 and the west side of
1-35W. V-44. (The Planning and Zoning
Commission has no recommendation.)
B. Consider an ordinance amending Articles 4.01
through and including Article 4.06 of Chapter IV
of Article III of Appendix A (Denton Development
Code) of the r, ode of Ordinances to provide for '
new and amended regulations and requirements for
i streets, driveways, parking lots, and sidewalks;
repealing Articles 4.17 and 4.18 of Appendix A;
providing for a severability clause; pruviding a -
+ penalty in the it ,Aimum amount of $500.00 for
violations thereof; and providing for an
effective date. (The Planning and Zoning
' Commission recommends approval.)
1. Consider adoption of an ordinance amending
Articles 4.01 through and including Article
4.06 of Chapter IV of Article III of
Appendix A of the Code of Ordinances.
C. Consider an ordinance amending the Code of
Ordinances to add Appendix C-Tree Preservation, j
Landscape, and Screening Requirements and j
Regulations. (The Planning and Zoning Commission
recommends approval.)
1. Consider adoption of an ordinance amending
the Code of Ordinances to add Appendix '
C-Tree Preservation, Landscape, and
! Screening Requirements and Regulations, 1
3. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommoridations, Approval of the Consent Agenda authorizes the
City Manager or tits designee to implement each item in
accordance with the Staff recommendations.
Listed below are bids bnd purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attaches to the
ordinances (Agenda items 4.A, 4,81 4.0. This listing Is
provided on the Consent Agenda to allow Council Members to
discuss any item prior to approval of the ordinance.
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City of Denton City Council Agenda
June 21, 1988
Page 3
A. Bids and Purchase Orders:
1. Bid #9667 - Asphalt Emulsion F, Road Materials
` 2. Bid #9668 - Radio Controlled Load Switches
3. Bid 0965b - Woodrow Lane Culvert and Channel
Improvements
4. Bid #9863 - Fiberglass Poles
S. P.O. # 64869 - Poly American - $290SSO.
B. Plats and Replats
1. Consider approval of preliminary plat of the
Goldfield Tennis Center Addition, Lots 1 and j
20 Block 1. (The Planning and Zoning
` I Commission recommends approval.)
k 2. Consider approval of preliminary- replat of
part of Lot 27 to Lots 27A and 17B, Little
Brook Estates, Unit Number 2. (The Planning
and Zoning Commission recommends approval.)
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3. Consider approval of preliminary plat of the
Victor Addition, Lot 1, Block A. (The
Planning and Zoning Commission recommends
approval.)
k C. Tax Refunds j
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1. Consider ai~roval of a tax refund for Denton
Savings Association/George Chauncy for j
E I
$637.62.
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4. Ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
B. Consider adoption of an ordinance accepting {
l competitive bids and providing for the award of
1 contracts for public works or improvements.
C. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids.
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City of Denton City Council Agenda
June 21, 1966
Page 4
D. Consider adoption of an ordinance dir^cting the
publication of notice of intention to issue City
of Denton Utility System Revenue Bonds, Series
1966, in the maximum principal amount of
$3,500,000, and directing the issuance and
publication of Notice of Sale of said bonds,
E. Consider adoption of an ordinance approaing
Deloitte Haskins and Sells to begin an audit of
the fiscal year ending September 30, 1988,
F. Consider adoption of an ordinance by the City
Council of the City of Denton amending Ordinance
No, 67-027 by establishing an Air Conditioner j
Cycling Rebate (ACCR) Schedule for customers
served under rate schedules R-1, R-29 GS and G1
and making available a credit to the electr'c B
r utility bills of those persons who contract witi,
the City of Denton for such rebate. (The Public
Utilities Board recommends approval),
I
G. Consider adoption of an ordinance exercising the
option to extend the contract of Heard, Goggan,
Blair, and Williams for one year beginning July j
1, 1966 through June 30, 1969, for the collection
i of all delinquent taxes.
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S. Resolutions 1
A. Consider approval of a resolution appointing a
member to the Board of Managers of the DENCO Area
9.1-1- District.
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6. Consider an appointment to the Blue Ribbon Citizens }
Committee for Solid Waste.
7, Miscellaneous matters from the City Manager
A. May Budget Recap
8. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
j C. Personnel
D. Board Appointments
91 New Business:
This item provides a section for Council Members to
suggest items for future agendas.
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City of Denton City Council Agenda
June 21, 1986
Page 5
10. Executive Session:
E A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
j B. Real Estate Under Sec. 2(f), Art. 6252-17
3 V.A.r.S.
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C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-1', V.A.T.S.
C E R T I I' K A T E
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1 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 day of , 1968 at r o'clock `
p.m.
CITY SECRET. RY
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CITY of DENTON, TEXAS MUNJc(PAL 8bILDING/ DENTON, TEXAS 10201 /TELEPHONE (017)6o84307
Owco Of th* Gty Nrmsper
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M E M O R A N D U M
TO: Ma}or and Members of the City Council
1
F:)M: Jennifer Walters, City Se.,retary
k
DATE: June 15, 1988
SUBJECT, Back-up for Agenda Item tl - 5:15
No formal back-up materials have been submitted for this item,
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~1Erla 88-047
TO: Mr. Lloyd Harrell, City ?tanager
FROr1: J. L. Cook, Jr., Fire Ch.ef~
I DACE: 16 June, 1988
t
RE: Composition of Denton County Cnmmunieution District
Doard
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As per your request concerning the composition of the. Board of
Managers of the Denton County Communication District (E911). I
have attached a copy of the list of current Board Members, the
source of their appointment, and the expiration date of their I
i current term. The Board consists of five members. One is ap-
pointed by the fire departments in the County, two by the
Commissioner's Court, and two are appointed by the incorporated
cities within the district with each city having an equal vote.
Except for the initial term, members are appointed to ts.o-year
staggering terms. As you can see from the attached list, two
terms expire on 9/1/88 and three on 9/1/89.
Should you desire any further information, please do not hesitate
to contact me.
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BOAR-D--0E' -MANAGERS DENTON CO
EMERGENCY LINTY AREA
COMMUNICATIONS DISTRICT
G.R. Corbin, Chairman
Fire Chief, Lewisville
Fire Department's Appointee expires 9/1/89i
Sandy Jacobs, Vice-Chairman
Denton County Commissioner, Precinct 2
Commissioner's Court Appointee
Term expires 911188
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Olive Stephens, Secretary E
i Mayor, Shady Shores
Mayor's Appointee €
Term expires 9/1/89
J I
Jim Ferguson, Member
Texas-New Mexico
Commissioners ' Pilot point
Appointee
Term expires 911188
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DavidPurifoy, Member
Admnistrator
Mayor's A o Lewisville Memorial Hospital
Term exppcintee
pines 9/1/98
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JUN M88
Oryy TO
I CFRS OFF
E DENCO AREA 9-1-1 DISTRICT
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I'I Juna 6, 1988
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Honorable Mayor, City Counc 1, City Secretary, j
r The members of the Bard of Managers of the Denco Area 9-1-1 District are
appointed to serve staggered two year terms. Pursuant to Section 8 (b) (2)
(A of the Emergency Telephone
Number
Act
, "voting members shall be
appointed jointly by all cities and towns lying wholly or partly* within the
district."
t Mr. David Purifoy was appointed to an Initial one year term. His term
expires September I, 1988. Based on put contributions, I would recommend
Mr, Purifoy be reappointed to the Bard of Managers for a two year term.
Please place this appointment item on your city ooundl agenda, and return j
the copy of the signed resolution as soon u possible. Thank you for your
prompt attention,
~Yours truly,
Ma n or
Executive Director
Enclosure
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WrYofDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE(8f7) 668-8307
' j Office of the City Manager
M E M O R A N D U M
TO: Mayor and Members of the City Council
I FROM: Jennifer Walters, City Secretary
DATE. June 15, 1988
SUBJECT: Back-up for Agenda item #3 - 5:15
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This item was placed on the agenda by staff in order to answer
any particular questions Council might still have regarding
the proposed CIP. Back-up materials have already been supplied.,
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Je fer 191ters
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Adam!&Associates 77APNOfe )
City Cry
T0.4
OFFICE
i
June 7, 1988
Denton City Manager i
Mr, Loyd Harrel
215 E. McKinney
Denton, Tx. 76201
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Dear Mr. Harrel,
' t
The Kiwanis Children's Clinic is sponsoring its annual Forth of July
Fireworks Show, To help gain exposure for the event, Kiwanis would
like to request placement of a banner across Locust Street at the
intersection with Mulberry.
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1 The banner will be 36 feet in length and will give information on the
event. The event will take place July 9th at which time we would
take it down.
Again, we would like to thank you and the city staff for your j
cooperation.
F '
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Jo Adam
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Commerdal Real Estate 625 Dallas Drive, Suite 500 Denlun, Tt%as 76205 )817) 565-9902
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I DAIL: 06/21/b$
CITY COUNCIL REPORT FC"MAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manuger
SUBJECT: V-44. Variance of Sidewalk Provisions for Victor Addition
I
RFCCMMENDATIOM:
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The Planning and Zoning Commission reached no decision on this issue
at its public hearing on June 8, 1988. Two votes were heldi one to
l recommend denial which had a 3-3 vote and one to recommend approval
I which also had a 3-3 vote.
SUMMARY:
The Victor Addition is a proposed plat of 15.044 acres located west
l of I-35w service road and south of FM 1515 (Airport Road). The
EEE property is further Described as a tract in the L. Puchalski Survey,
4 I Abstract 996.
According to Article 4.04 of Appencix A of the Code of Ordinances, j
Subdivision and Land Development Regulations, sidewalks are required
'on one side of all thoroughfares and collector streets wit' in and
adjoining a subdivision FM 1515 is a secondary major arterial
and I-35w service road is a freeway and the regulations require the
installation of sidewalks along both roads.
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T'he variance procedure in the Subdivision and Land Development
Regulations states that all the following criteria must be met
to grant a variance: ik
1. Granting of the requeat would not violate any master j
plans. a
2. The special or peculiar conditions upon which the
request is based relate to the topography, shape, or
other unique physical features of the property, which }
are not generally co:rmon to other properties.
3. The special or peculiar conditions upon which the
request is based did not result from or were not
rrlated by the owner's or any prior owner's action
or omission. j
The applicant's written basis for granting the variance in
accordance with these criteria is attached as 'Exhibit A'.
Iti The Development Review Committee concludes that none of
these criteria are met and recommends that the variance
of the sidewalk be denied. Staff requests that, for the
record, in the motion to approve or deny the variance that
the facts related to the above three criteria be stated As
the basis for the motion.
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CC Report Format
V-44
Page 2 '
(BACKGROUND:
Victor Equipment company is in the process of platting their site
at I-35w service road and FM 1515. The plattinfncilieing done in
ty-
conjunction with an addition to their existing
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Impact is unknown at this time although if sidewalks were to be
installed at some future date, the Engineering Division wuUio have
the design expense.
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FISCAL PACT:
If the variance is granted, then when sidewalks are installed they
will be at the City's expense.
4 7 Respec lly s bmi : j
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L oy Harrell
City Manager
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Prepared bys
Eva
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Administrator
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41rr 4.obb s
bin s
Executive Directo for
Planning and Development
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CITY CWNCIL
CITY OF DENTON, TEXAS_
Y-44
The City council held a public heating on June 219 14,,8 to consider the
petition of Victor Equipment Company requesting a variance of Article 4.U4
of Appendix A of the Code of Urdinances of the City of Denton, Texas.
i
After consiceration and discussion of the following criteria, the Council
the variance by a vote of at i June 21, 1988.
on t~.~owingresponses g to n the criteria:
he COUnC based its
1. Granting of the request would not violate any master plans.
2. The special r peculiar conditions upon which the request is based relate
to the topography, shape, or other unique physical features of the prep-
erty, which are not generally common to other properties.
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9. rThe esult from or were peculiar not c eated by therlownher'}stor anyuprior owner's did
or omission.
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88-0092
EXHIBIT 'A'
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j Request of Victor Equipment Company for a variance in the City of Denton
Subdivision Rules and Regulations requiring sidewalks:
1. Granting of the request would not violate :.ny matter plans as defined
by Appendix A - Subdivision Regulations of the Code;
It is our understanding that granting this request would not violate
any master plans as defined by Appendix A - Subdivision Regulations t
requiring sidewalks.
2. The special or peculiar conditions upon which the request is based relate
to the topography, shape, or other unique physical features of the
` property, which are not genetally common to other properties. E
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A. The property is located in the Southwest quadrant of the inter- '
section of FM 1515 (Airport Road) and the Watt Service road of I35W
and the unusual geometry of this intersection can be seen on the
preliminary plat submitted herewith. It can also be seen that a
sidewalk. on the south side of FM 1515 would either be in the borrow
ditch or along the edge of the pavement, which, in either case would
be both inaccesaablo and extremely hazardous to pedestrian traffic,
If there were any pedestrian traffic and of course there is none.
It can also be seen that a sidewalk on the West side of I35W Service
Road would be impossible to construct because the edge of the service
road is approximately two feet from the property line.
` B. With reference to locating the sidewalk in a dedicated easement on
h the VICTOR property)
a. The Facility is an existing Light Industrial Plant and the North
line along FM 1515 has an industrial type fence constructed on
the prcierty line, making a sidewalk inaccessable to the
pedestrian public.
b. A sidewalk located on the East property line along I35W Service
Road would have to be constructed in the existing "Visitor"
parking lot where again there is no pedestrian traffic.
3. The vpecial or peculiar conditions upon which the request is based did
not result from or was not created by the owner's or any prior owner's
action or omission.
The Victor Equipment Company plant and related facilities have been
expanding and evolving for the past twenty odd years. During that period
of time many changes have occurred in City of Denton Regulations and
policies. Neither platting nor sidewalks were required during prior
pleat ixpansionc. therefore the exiling conditions were not created
by any prior action or ommission by Victor Equipment Company.
I
VICTOR EQUIPMENT
V 44 A&
%OATH
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'SCALE Cot I. Jul NO,
p 11.105, 76 NAY 66 1100?7
eea•~~ . :gem _a.,
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June 8, 1988
Page 2 DRAFT
C, V-44, petition of Actor Equipment Company requesting a
vi7rTance of Article 4.04 of the City 8nd Land LevelopnencReggulatlonsonao15r4Sloacrebtraction
located south of Ph IS15 and west of 1-354. Ihis property
Is furthr Abstracteh'o~eyybibeAdrttc2et4aG4 requires thathdeveioSurvey~ is rc in the E.
Install sidewalks on one side of all thoroughfare; and
collector streets adjoining a subdivision, A sidewalk Is
required along the south side of FM 1515 and the west side
of 1.3S4,
len notices were mailed to abutting property owners; three
reply forms were received in favor, no reply forms were
received in opposition,
STAFF REPORI: s,s, Evans stated the Victor Addition is
r
is a equest ng s variance for Sidewalks, l'he Victor Addition
plit of
iSI rlsot►nounwest
Roa°.
asoAirport
She said that according to Article 4,04 of Appendix A of '
the Code of Ordinances, Subdivlsl0n and Land Development
RegQulations, sidewalks are required along both FM ISIS and
1•J S4.
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Ms, Evans stated that there are three criteria that must
be met to grant a variance:
1. Granting of the request would not violate any master
E Ions.
2. The special or peculiar conditions upon which the
request is based relate to the topo raphy, sla a or
other unique physical features of t9e property, which
are not generally common to other propertles.
3, The special or peculiar conditions upon which the
request is based did not result from or were not
created by the owner's or any prior owner's action
or omission,
Staff
DevelopmentuReviewaCammlttee reroomendssden Llet and the
P6TITIONERi Bud hauptean, Metroplex Engineering Corpora-
crit_ teria reenotnmethbutafeltothat iteme02twas mete °Nethe
explained that the whole area of FM 1515 has barrow ditches
and 90 percent of the 30 foot setback involves a barrow there RoadhandAthe,serviceiroadrisyaadeid
taffic
rend. HeoStatedpthat
the issue was one of safety, not expense, In his opinion.
He said ti,at a cyclone fence Surrounds the property, He
concluded that it would not be a hazard as there are no
pedestrians,
Ms. Riker asked if there would be pedestrians If there was
a sidewalk. N,r. Hauptman said no, there are no areas where
the pedestrians would come from or to to,
Mr. Rammen asked if it was Impossible to build a sidewalk
on the property, Mri Hauptman said yes because of the
need to reduce the ste of the barrow ditch.
IN FAGa I Bill Holt, 1321 Amhurst, said that he was in
avvor and was anxious to see the variance granted,
OppOSLD: Hone Present.
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' June 8, 19b8
Page 3
RECOMMINDAl10N: Ms. Evans stated that one of the policies
n t e -ja-n_Ts_ to encourege development around the airport.
This development would include some residential to encout•
age housing near employment. She said that an easement
could be dedicated on Victor's property rather than reduc•
j trig the barrow ditch. 1;s. Evans stated that the Clty
recommendeddenial.
/l thetDevelopment+Revlew Commltteey e
Mr. Clark stated that an easement could be dedicated on
their property fronting on Airport Road so that a side-
w
ralk could be eallow installed. thelinstallation ofethensidewalk be
Mr. Glasscock asked Mr, Clark if people would walk on the
sidewalk if it was built. Mr. Clark said yes.
Mr. Claiborne asked about existing development in the
area. Ms. Lyons stated that the property adjacent and
to the south is developed and that Peter It Ss located
north of the site. She added that Victor Equipment has
parking lots on both sides of the building where the
sidewalks would be required.
walks in asked about the construction of other
Mr.
sidewalks n the area. Ns. Evans stated that sidewalks
I had been required In conjunctiith plot on Metro
Street which was recently approved by the s
t REBUTTALt None Offered.
Chair declared the public hearing closed.
DLcISIcN. ls. Kiker stated that sidewalks are important
to eve opment. She stated that Victor Equipment could
be the first in the area to construct sidewalks and would
start the trend to build sidewalks. She added that side-
Volks are very important even in industrial steal.
Ns. Brock stated she concurred that sidewalks are an asset
to a development.
Mr. Glasscock stated he didn't have a problem with the
plan requiring sidewalks that people would use but he does
have a problem with requiring sidewalks that no one will
use.
Ms. Met moved to recommend dental of V•44.
Seconded by Ms, Brock.
Vote was called: Aye aborne,liasscock, Kamman
Motion failed (3-3).
Mr, Glasscock moved to recormend approval of V-44.
Seconded by hr. Kamman.
Vote was calledt Aye - Brock, Glasscock, ck, Kamman
Noy - Motion failed (3.3).
Chairman Claiborne said that since the motions failed
City
rtcommend+tfon would from the forwarded Commission.
by a Council e with vote, no the request
C
IV. Considerations
A. Mike o recommendation on preliminary plat of the
VSttot Additton, Lot 1, Stock A.
B. Make a recommendation on a contract for the purchase
of right-of-way and a drainage easement for the Bolivar
Stteet Paving Froject.
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
S
FRCMS Lloyd V. Harrell, City Manager
SUBJECT'S AN ORDINANCE AMENDING ARTICLES 4.U1 THROUGH AND INCLUDING ARTICLE 4.06
OF CHAPTER IV OF ARTICLE III OF APPENDIX A {DWT ON DEVELOPMENT CODE)
RECOMMENDATION:
The Planning and Zoning Commission recorimended approval at its
April 13, 1998 meeting by a vote of 4-1.
SUMMARY:
{
i Staff has revised the regulations as per Council's recommendation.
i A summary of the key points is attached.
BACKGROUNDS
! The proposed ordinance was presented to the City Council at a study
session on May 10, 1908.
The Council requested that additional information be provided at their
` May 24th meeting concerning sidewalks and exemptions from sidewalk re-
quirements. A summary of the Landscaping and Tree Preservation Ordinance
was also presented to the Council to address questions about how the twj
proposed ordinances interact.
I
At the May 24th meeting, Council requested additional information be E
presented at their June 7th meeting. At that study seesion, staff
presented additional material on Collector Street Access (page 22 of j
proposed regulations). The revised language clarifies that access
would be permitted, but, when Eossible, residential subdivisions should
be designed so that lots do not require driveway access to existing and
proposed collectors. In regard to use of pavers, patterned concrete, and '
grid type paving, staff recommends adding language to clarify when these
3 materials may be used In parking lots and revising Appendix 5 to add
standards for those materials,
The Planning and Zoning Commission discusses "he proposed revisions at
their June 8, 1988 meeting and the Commission concurred with the changes
recommended by Council
PROGRAMS, DEPARTMENTS OR ORUUPS AFFECTEUt
Staff involved in the development proceear Planning anu Zoning Commission,
develop~re, and citizens,
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City Council Report Format
June 21, 1988
Page 2
FISCAL IVPA(,7
The City of Denton currently participates in perimeter street paving by
j 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-
fic) 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
traffic management, i.e., in parking lots. Ultimately, this will reduce
congestion at driveways and entrances and, therefore, delay the need for
` i expansion of roadways.
Respe lly submi t di
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Prepared by: oy Harre 1
Cit Manager
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Cecile Carson
Urban Planner
A proved
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Frank H. Robbins
Executive Director for
Planning and Development
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SUBDIVISION AND LAND uLVELOPA,LNI RLGULAIIONS
CHAPTER IV
DIVISION 1. GENERAL PROVISIONS
Article 4.01
Purpose and Intent p. 2
Article 4.02
j App_lication and Interpretation of Standards p. 2
Article 4.03
City Participation p. 3 `
' A provision so that the City may increase the size or scope
~ t.
of the improvements.
DIVISION II. STREET AND SIDEWALK
REQUIREMENTS AND DESIGN STANDARDS
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. 7
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.
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11 4) Primary Arterial will include freeways.
B. Vehicle Trips p. 4
1
C. Compliance with Specification p. 5
D. Street Capacity p. 5
3) An option to permit dedication of more street
right-of-way than required in lieu of constructing
the total street system. The Cormission must approve
and the criteria must be followed Including that
omitting the improvements would not substantially
impair the safe movement of traffic.
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Subdivision and Land
Development Regulations
Chapter IV
Page 2
DIVISION II. S1REE3 AND SIUEh.4Lf` gEqU1kLh&N15 AND Uf51GN
STANDARDS (Continued)
Perimeter Streets p. b
1) New perimeter streets shall ~rovide nthe P reatesothe
it
perimeter street for which
need, but in no case less than 25 feet.
2) a) Existing Perimeter Streets. Required to dedicate
` the right-ot-way and improve or reconstruct the 4
I street to the some extent as required for new
perimeter streets or to the extent necessary to
complete the perimeter street to the classifics-
tion required. i
b) If an arterial street is proposed for perimeter
street paving and the City of Denton Capital
Improvement Plan proposes improvehentswithin tthe
years, the developer may elect to pay the City
total construction cost, excluding engineering and
design cost. the funds would if used
moneyhisCity
to construct the arterial, or not
shall
person making payment the h pe funds ayment,
bee refunded to v years of
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 IOU feet of 4
frontage on an existing perimeter street; or I g.,
c) a development not required or does not propose
to extend a city water line and is further than
i b,000 feet from an existing water line.
g
F. Io~rovements to Existing (A [-Site Streets p.
Any development which generates more than 100 vehicle trips
per day at full development may be required to improve or
repair an off-site street by patching, reconstructing, or
overlaying with asphalt depending on the "distress" rating
of the street.
G, Adequate Street Access p. 9
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Development kegulations
Chapter 1V
Vag; 4
DIVISION 111. L'RIUW AND PARKING L01
RLQUIRLUNTS AND DESIGN S1ANDARDS
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M i Article 4.05
A. Definitions p. 16
R. Permit Procedures and Requirements p. 16
t A parking lot/driveway permit shall be required for each
property, ot'ier 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. ZG "
The intent is to limit direct driveway access to arterial
streets. I
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D. Access to Collector Streets r. 22
Commercial, industrial, acd eulti-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
M ' collector.
B. Separation of Driveways p. 23
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F. Corner Clearance Standards p. 24
} G. Driveway Widths 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
rj required.
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SIDEWALK SURVEY
Sidewalks required in subdivision regulations for all new
I developments:
Yes No Comments
` 1, Addison x
2. Arlington x
3. Carrollton x
4. De Soto x
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5, Fort Worth x
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I G, Garland x
x Only within 300' of shools
7. Hurst !
8. Lewisville x 1
9. Mansfield x
10, Mesquite x
11. North Richland Hills x Only in commercial areas $
along thoroughfares
12. Plano x
13. Richardson x
k
SUMMARY
Eleven of the cities surveyed indicate that sidewalks are required
in all new developments. Hurst requires them only if they are
within 3commercial cevelopmentNareasRandlalong Hills requires
E. } only in
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Sidewalks are required along:
City Arterials Collector Residential Comments
j
1. Addison Yes Yes Yes
2. Arlington Yes Yes Yes so, Plow
~ or more
3. Carrollton Yes Yes Yes
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4. De Soto Yes Yes Yes
5. Fort Wor~h Yes Yes Only some
6. Gi.rland Yes Yes Yes
7. Hurst Yes Yes No
8. Lewisville Yes Yes Yes
s 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
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SUMMARY
s All cities surveyed require sidewalks along arterials Only North
Richland Hills indicated that sidewalks were not required along
collector streets. 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,
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Sidewalks are required on:
l City one side Two sides Comments _
i x
1. Addison
2. Arlington x
3. Carrollton x
x
j 4. De Soto
5, Fort Worth x
6. Garland x j
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7. Hurst x
8. Lewisville x
x
g. Mansfield
10. Mesquite x
x
11. North Richland Hills
x
12, Plano
> x
Richardson
SUMMARY
All cities surveyed require sidewalks on both sides of the street
within the development.
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Minimum width requirements:
City 4' S' 6' Comments
1. Addison
x
2. Arlington x
3. Carrollton
x x 4' - Res./S' - Comm,
4, De Soto x x 4' - Res./S' - Comm.
` S. Fort Worth x
1I 6. Garland x x 4' - Res./6' - Comm.
f 7. Hurst x
r S. Lewisville
f x
9. Mansfield x
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10. Mesquite x x 4' - abutting ROW
11. North Richland Hills x S' abutting curb
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x;. 12. Plano
x x 4' -normal
- along arterial
13. Richardon with wall or fence
x x 4' - Res./S' - Comm,
SUMMARY
Six cities surveyed require 4' sidewalks for general development,
only one, Addison, requires S'. 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
Plano requires a wider width for sidewalks along arterials rthat
abut the curb and a wall or fence.
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Required placement of sidewalks: Other
@ B. of C. @ ROW
Cit Or circulinear
i - x
Addison 1q inside ROW
Arlington Res - 1' inside ROW
Com - @ B. of C.
` Carrollton
1 x
' De Soto Min 4' from B. of C.
Fort Worth a, inside ROW
Garland ;
x i
Hurst
11 inside ROW
` Lewisville 1+ inside ROW
r
Mansfield O~tional I see
1 width requirement)
Mesquite
' x
North Richland Hills 2ht inside ROW
y ~ Plano
x
Richardson
suMMAIIY
placement of sidewalks among
There appears to be no standard for , placement inside the
the thirteen cities surveyed.
}iowever, a 1 four cities, Csidewalks areirequired
ROW occurs most frequently in
but the
E requires this for residential areas, ,
the back-of-curb in commercial areas.
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Subdivision regulations allowing for development of an alternative
walkway system in lieu of sidewalks:
City _ y'eS No
1. Addison
x 14
2. Arlington
x
3. Carrollton x
4, De Soto x
5. Fort Worth `
3 x
6. Garland
x
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8. Lewisville x
9. Mansfield
x
10. Mespuite
x
11. North Richland Hills x
12, Plano
x
c JJf 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.
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valiance procedure for sidewalks:
Yes No
Cit f
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x
1, Addison ,
x
2. Arlington
x
3, Carrollton
x
4, De Soto
x
Fort Worth
x
1 6. Garland
x
7. Hurst
x
g, Lewisville
s x
g, Mansfield
lo. Mesquite
l North Richland Hills
x
piano
x
r•? 1s. Richardson
='s SUMMARY provide a
only two do not pr
cure for sidewalk constructions
of the thirteen cities surveyed, provide proed
a variance
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Other exemptions or exceptions allowed for sidewalk requirements:.
city Yes No Comments
1. Addison x
2. Arlington x
3. Carrollton x More than 10001 block requires
access (sidewalk) through
middle of block
4. De Soto x
F i
5. Fort Worth x
b. Garland x Sidewalk construction is
exempt on unimproved roads,
but money is kept in escrow
{ for later construction
7. Hirst x
j 8. Lewisville X Not requir:d where there is
no curb in place
9. Mansfield x
:
10. Mesquite x Not required on unimproved
streets
11. North Richland Hills x
12. Plano x Meandering in ROW is allowed
to avoid obstructions
13. Richardson x
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 net 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
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2222L/42788
f NO.
I 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 CODE) OF THE CODE OF ORDI-
NANCES TO PROVIDE FOR NEW AND AMENDED REGULATIONS 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 $500.00 FOR VIOIATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, has found that revisions
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 acheduled pro-
gram to revise and implement the new and amended land develop-
ment regulations and requirements; an9
WHEREAS, the revised regulations applicable to streets,
driveways, parking lots, and sidewalks have been completed; and
WHEREAS, it has been determined that immediate implements-
tion of those regulations would be in the best interest of the
community; and
WHEREAS, a public hearing on the proposed regulations has
been held in accordance with the provisions of the Local Govern-
ment Code; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That articles 4.01 through and including article
4.06 of -Chapter IV of Article III of Appendix A of the Code of
Ordinances are amended to read as follows:
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CHAPTER IV
REQUIRED IMPROVEMENTS AND GENERAL DESIGN STANDARDS
` DIVISION I. GENERAL PROVISIONS
Article 4.01 Purpose and Intent.
(A) The following standards and requirements are adopted for r
the purpose of insuring that all developments provide, at no cost k
to the City, for the streets, sidewalks, street lights, parking
lots, water and sewer facilities, drainage facilities, and other
public and private improvements and facilities which are reason-
ably necessary and adequate to serve the development.
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(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
required facilities and improvements bear a reasonable connection
to the need created by the development, and to the degree chat
the development is benefitted thereby.
Article 4.02 A lication and Interpretation of Standards and
Requirements,
(A) All persons developing property to which this Code applies
1.' shall design, construct, install, and provide for the facilities
and improvements herein specified in accordance with the standards
and requirements of this Code and the City's master plane.
(B) 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 case would clearly not achieve the purpose or intent
of the requirement, the Committee 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
fl any other regulations or requirements of the Uniform Fire Code,
Uniform Building Code, zoning ordinances, flood prevention and
control ordinances, or any other ordinances.
PAGF 2
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Article 4.03 City Participation in Public Improvements.
(A) In any case where this Code recuires any development to
provide for streets, sidewalks, water or sewer lines, drainage
facilities or other public improvements, the City may, at its
option, choose to participate in the cost of increasing the size ►
or scope of the improvements otherwise required by the develop-
ment, so as to meet the needs of the general public.
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(B) Where the City chooses to participate, the developer and
City shall enter a written cost participation agreement setting 1
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. Bids shall be solicited so as to obtain the
proportionate costs 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 less of the total contract price.
DIVISION II.
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 Plana.
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(A) STREET CLASSIFICATIONS.
For the purpose of determining the street requirements of
this code, all streets shall be classified and defined as follows:
(1) Alle A public or private vehicular access way,
es fined 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
1 streets; or to provide access to abuttfc,Z commercial ndustr
inten reside t al it and use It pis desighnedeto ha dleino
more than 10,000 vehicle trips per day.
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(3) Cul-de-sac. A street which terminates in a vehicular
turnaroun. f
(4) Estate Subdivision. A local street, without curb f
and gutter, whose sole purpose is to provide direct
access to single family lots of one acre or more,
each lot having 100 or more feet of street frontage. j
(5) Local/Residential. A street whose sole purpose is
to prov a 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) Marginal 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
through traffic on the arterial street, or so that
the flow of traffic on the arterial street is not
impeded by direct driveway access from abutting
pproperties. When used as a private drive, it shall
be referred to as a "privat& parallel driveway."
(7) Off-site. Any street, other than a perimeter street,
,J which extends beyond the boundary of the development.
(8) terimeter. That portion of any street, of any
c as-f sifi'~ation, 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 no a major route from one area of 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.
(B) VEHICLE TRIPS.
Any requirement or design standard of this article which is
j based upon or determined in accordance with a specified number
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of "vehicle trips", shall be determined by the City Engineer in
accordance with the latest edition of the Transportation and
En ineerin Handbook, published by the Inst Lute o Transpor-
tation ng neera.
I (C) COMPLIANCE WITH SPECIFICATIONS.
(1) All required street improvements shall comply with the }
"Street Design Specifications", as contained in Appendix A-1.
Right-of-way widths in excess of the Street Design Specifica-
tions shall be required whenever, due to topography, additional
width is necessary to provide adequate earth slopes.
s
(2) All required street improvements shall be constructed
in accordance with Division II ("Materials") and D,4ision III
("Method") of the City's Standard Specifications for Public
Works Construction North ire Texas, as amended .
tan ar pee cat tons-). ere any provision of this Code
conflicts with a provision or requirement of the N.T.C. Standard
Specifications, the provisions of this Code shall control.
(D) STREET CAPACITY.
I (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 ca,acity to carry the traffic to
be generated by the property at full development. "Adequate
j capacity" shall mean a level of service "C", as defined by the
latest edition of the Highway Ca ac it Manual as published by
the Transportation Researc Boar o e e ational 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 side 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:
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(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
otherwise be required would not substantially
impair the safe movement of traffic created by
the development; and
(c) The market value of the additional right-of-way
would, as determined by the City Engineer, be
equal to or greater than the coat of the street
improvements which are to be omitted.
(E) PERIMETER STREETS.
(1) New Perimeter Streets. Street systems shall be laid out
Tr-
so as to avo t e nee or new perimeter partial streets, i.e.
i streets that h
ave less than the full required rigght-of-way and
t 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 provida the portion 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
provided with curb and gutter along the aide tabutting tthehdevel-
opment. If the perimeter street is ultimately proposed to serve
as a divided arterial street, and the development is required to
install half of tho arterial street, then curb and gutter shall
be provided on both sides 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
PACE 6
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street which does not have curb and gutter or
which- does not substantially comply with the
street design specifications or requirements of
this Code.
(b) Where any development would be required by this
Code to improve an existing unimproved ~erimeter
street which is designated in the City s master
plans as an arterial etreet, to less than its
full width, and the City's approved Capital
Imptovements Plan proposes improvement of the
existing perimeter street to City specifica-
tions within two years of the date the required
improvements are to be undertaken, the develop-
ment 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 engineering 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 pro-
viding for the improvements, as shown in the
most recent public bids for the same or similar
type street improvements. If the money paid to
the city is not used for the required improve-
ments within five years of a ment the funds
shall be returned to the person making the
payment.
(c) Ac:y development which is to generate more than
100 vehicle tripe 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) Exception - a to Perimeter Street Requirements. The pro-
visions o t s section requiring t e improvement of existing
unimproved perimeter streets to City specifications for new
streets shall not apply tot
(a) A plat for a single-family residential lo`.i
where such lot is not part of a larger genera
scheme of development or subdivision of land
containing more than one reaidential lot;
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(b) A development that abuts 100 or less feet of an
existing perimeter street, where the existing
off=bite 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 side of the abutting perimeter street
as evidenced by the City's Capital Improvements
Plan or plats approved or pending approval;
(c) A development which:
(i) Is not required or does not propose to
extend a City of Denton water line to the I
prop3rty 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 straight line from
the nearest boundary of the development to
the nearest water line; or
(d) A State or Federal highway.
(4) Off-site Connecting Streets. Any perimeter street
required to be improved to meet tt~Ee 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 e a e u it or improved with curb and 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 Sutter and
related underground street storm drainage facilities may be
approved whenever:
(a) The required perimeter street to for a residen-
tial development in a low intensity area, as
shown in the City's master plane;
(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 proposed improved
drainage facilities, as shown by the City's
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or b plats approved
Capital Improvements Plan o by to the
or pending approval, in such proximity
development that would connect to or receive the
4 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 off-site streets as necessary to provide a safe and
adequate paved surface for the amount and type of traffic
` generated by the development.
i (2) The off-site street improvements or repairs need not
meet the specifications for new streets, but shall include such
G patching, reconstruction, or the providing of asphalt overlays
determined to be necessary by the City Engineer to provide for
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.
(4) The requirements to improve any existing off-site street
i shall not apply to that portion o.: 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-sit•a street
improvements are required to be made, if the street or portion
thereof to which the off-site street improvement requirements
al does not etermined by the a City Engineer in rating, accordane 0 wior more th Appendix A3,ea
d
(G) 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
propoaed or
for access; (3) The existing int<:rsectionso to ah result yofbthe development;
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(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.
(H) COORDINATION WITH SURROUNDING STREETS.
(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.
(1) INTERSECTIONS.
(1) Streets shall be laid out so as to intersect as nearly
as possible at a ninety (40) 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) Proposed intersections along one aide of a street shall
coincide with existing or proposed intersections on the opposite
side of the street. Where a center line offset (fog) is allowed
at an intersection, the distance between center lines of the
j intersecting streets shall be not less than 150 feet.
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street
with he same
streets which connebetween e inters ified
(3) Differe-nt separation A-7. Th lines
shall m aintain a diatanc with Appendix ht-of-wt he two
streets in accordance from the the nearest intg where
be measured at
shall istreets,
distance two connect
of the the common street.
a flat grade when-
streets connect to be designed with the street apperoaching
o
(q) Intersectins shall b areas, levelin ara, not
et hilly or rolling sixty feet
ever possible. shall be provided fort a a distance line the
an intersettWO percent (2Z) grade, right-of-way
exceeding a c from the nearest E
(60`), measured o that
intersecting streets and constructed not
shall be designed made structures do
(5) Intersections natural or man;'intersection visibility
trees, or other All right-of-
Slopes, Code of Ordinances.
defined bYithewithin any local street`s shall
create a„ visual
triangle , as than intersecting In the case of
for other visibility triaEIgin of eer maallow a
way de the one City below that
include the intersection ht--way
local streets, the visibility
ica ,cation of rig
intersecting the required ded inter
reduction of in pair$ reconstruction,
would be included re air,
which would not needed for maintenance, p
triangle,
or traffic safety.
rovide more than
(J) hED ANS ' uired shall
y streetard be provided in
(l) When an development is re4
any arterial , a median
A endix A-1' in
one-half ofwith the design stands of PP ht feet
accordance less than eig surface of
of the median free but
(2) All b901 Installed with a msinte the City Engineer,
width shall installed approved by
concrete or similar material
a or portion
excluding asphalt. uare feet of median are a tree
(3) for every 10000 aq a maintenance free Sur Measured from
re quired to be or more in dimatees 6 used shall
thereof not f three inches The type parka Department.
with a trunk oshell be installed. b the
ground level, list maintained Y to be a maintenance
required in accordance
be from an approved the median not ed or xeriscsped
other portions of be landscap Shgjl free lan
rface
e approved by the City'
with p
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(K) CUL-DE-SACS AND DEAD END STREETS.
(1) Cut-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
street or the intersection of streets.
I
(2) All permanent and temporary det.d-end streets on which
there is located a building lot that does not have frontage on
` j any other street shall be developed with cut-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 l
nearest intersecting street. E
Ek
(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-sacs 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-of-way.
(L) ALLEYS.
(1) Alleys may be allowed in residential developments and
I 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.
local Al alloys hat least two direct access points
to public strests, each access point terminating onto
separate streets.
(3) Alleys shall not have access to arterial streets. Alleys
` shall only be allowed to connect to collector streets where there
is no other reasonable means of access.
(4) Alleys shall not be dedicated to the public except where
such dedication is determined to serve the public interest.
(5) Alleys shall conform to the design standards shown in
Appendix A-4.
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(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, she
and j
safe movement of traffic, drainage,
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 written
and binding declaration, to be recorded prior to the acceptance
of an public improvementso establishing an owner's association
have:
or similar legal entity which
(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-
tionate shares of the
the road,
coat associated with desi (3) Private roads shall conform to tthe he roadgnies the ficolae
tions set forth in Appendix A-4, unless private road shall
access to the development, in which case eie streets.
conform to the design specifications for pub e to (4) Where any parking areas or spaces aces are areas used spaces
or adjacent to the private road,
shall be designated and constructed that theipahrkinthg
design standards applicable to parking parking
areas and spaces will not interfere with the use of any p
streets.
(5) 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
provide vehicular access to a development or lot.
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(N) STREET NAMES 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
in sound
the same name.
conflict or sufficintly confusion.
so as Names not to cause be
sad spelling
} (2) Street name signs shall be installed by the developer at
all intersections within or abutting the development prior to the
loc and installed street. e name signs shall accord nce with written b specifications
located, ,
M I on file with the City Engineer.
1
(0) STREET LIGHTING.
(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 all of intersections, more c than e 300 c feet. along all public
ments
streets at interval
( The rrof lights the developer. No streets
City upon payment
requirements of lighted
aepublic
public iuse s util y the required
shall be accepted for this
section are met.
(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) SIDEWALKS.
(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-way,
` provide sidewalks along both sides of all streets within the
E u
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' development and along one side of all perimeter streets; except
as follows:
(a) A development which is excepted from making perimeter
street improvements in accordance with article 4.04 (E)
l (3) (c), shall not be required to install a sidewalk
li along that perimeter street.
(b) A development which is excepted from making perimeter
street improvements in accordance with article 4.04 (E)
(3) (a) or (b), shall not be required to install a
sidewalk along that perimeter street unless the
perimeter street is a state or federal highway or is
designated as a arterial street on the City s master
thoroughfare plan.
(3) in lieu of requiring sidewalks along both sides of all
streets, the Commission may approve a comprehensive pedestrian
access plan. Such plan should provide adequate pedestrian access
to schools, recreational facilities, parks, adjacent shopping and
employment centers, and connect with existing or planned
pedestrian facilities.
(4) Sidewalks required by this section shall be placed and
i constructed according to the specifications set forth in Appendix
A-6, which shall include handicap ramps at all intersections and
driveways. Sidewail-a shall be constructed of concrete; provided
that other materials, excluding aaphalt, 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) desirable The w ork more would in keeping with environmentally
design of the development.
(5) Where the developer who would otherwise be required to
improve an existing unimproved perimeter street to City
specifications, elects to pay to the City the cost of the
required improvements as provided for in article 4.04 (E) (2)
(b), the developer may likewise elect to pay to th4. City the cost
of any required sidewalk improvements for that street. If the
money paid for the sidewalk improvements is not used for that
purpose within five years of payment, the funds shall be returned
to the person making the improvements.
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DIVISION III.
DRIVEWAY AND pAM,NG LOT
REQUIREMENTS AND DESIGN STANDAP-DS
ate, alter,
~ Article 4.05. Alter tfectiv ~ QiBCef this article, no
he ef
or make use of any
construct, reconstruct, reloc
person shall Perform any work cer City of
enlarge, improve, ro ty within the
this this Divisions
lot or driveway on ieyrequi=ed of under
parking which a Permit
Denton for requirements Division.
except in accordance with the (A) DEPIN` I S' words shall have the
In this Division III, the following
following meanings:
(l) Deoe °t' The Department of Public Works.
that consists of the parking lot (2) Drivewa . That p ublic street-
of opening onto a p lot con-
of a trave The portion of the parking
(3) Parkin Aisle. ,fi arking spaces.
anes prov ing direct accessto parking
sisting o lot that is used and
(4) parkin Lot. That portion of any and loading
.
or access, circu'• ..cion l pams,arking parking area aisles,
vehicles rises the travel, and unloading areas.
unloading. It comp and loading
parking spaces, driveways* as required
{5) it, A Parking Lot/Driveway permit
herein. arking lot which is
That portion of the g p exiting, or travel-
for Lane. arking spaces or
park
used for t e c rcu ati lctf and fie not tuaed €or
ing through a parking
parking aisles.
shall
(S) PERMIT PROCEDURES AND Pz Ul y used permit
A Parking Lot/Drivewa
or b
(1) Permit Re aired. other than propertyy Of
ro ertyI dwelling, aithln the City y of
be re wire ingle c or -Family
tw caeos:
used ~orio any of the followingo
Denton,
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(a) For the construction of a new parking lot or
for..the improvement, reconstruction, enlarge-
went, relocation, or alteration of any existing
parking lot.
(b) For the construction of a new driveway or the
reconstruction, relocation, or alteration of an
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 r+olat 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 poriog of more than six (6) months
immediately prior to the application.
(2) Application. 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
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 atLy other ordinance, including an
application for a building permit, a required landscape site
plan, nr a planned development detailed plan, no separate
application for a pfarmit shall be required. The Department may
waive, in whole or part, the submission of any information or
plans otherwise required, if it determines that the nature or
scope of the work is such that the information or plans 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.
specified specifications,
(b) the accompanied by form plans and
by i the i De art-
went, showing the number and dimensions of the
PAGE 17
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parking_ spaces; the location and dimensions of
travel lanes, fire lanes, driveways, and stacking
areas; and the minimum storage capacity 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
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-
pliance 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
accordance with accepted professional traffic
engineering standards, containing information specified by the Cityy Engineer, to show any adverse
j impact that may reault from approval of the permit.
(d) For any proposed or existing driveway accessing an
a
arterial or collector street, be accompanied by
,
site plan, drawn to a scale of at least 1" to 501
0 1 showing the following:
(i) The proposed land use and the location of
existing and proposed structures or buildings.
i
(ii) The general layout of any existing or proposed
parking lot for the property, including any
parking lots, or portions, thereof, located on
other propperties which are not totally sepa-
rated or denigned to be used independently.
(iii) The dimensions, location, and design of the
driveway on the property for which the appli-
cation is made.
ta; (iv) All significant traffic features of the street
accessed or to be accessed by the driveway
y (to the nearest intersecting streets on each
w aide of the driveway which are not abutting
6 the property), including the width, number o£
lanes, street parking, distance to the inter-
secting str.asts, and the location and
distance to other driveways on either side of
the street.
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(e) Contain any other information, plans, or speci-
ficabion required by the Department to deter-
mine compliance with this Code.
(2) Issuance of Permit? Conditions. The application, plans,
and specs cat ons s 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 i,
conforms to this Code and other applicable ordinances, th( permit f
sh:•11 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
ossible. Any permit issued vay 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:
j (a) Requiring that any existing driveway bs relo-
cated or that a new driveway be loca :ed so as
to provide for joint or shared access by
adjacent properties for present or future
development.
(b) Providing for use restrictions or special design
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.
I
(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 Permitel A eels. An applicant may appeal any
denial, con ton, or m.tat on of a permit to the Committee.
If the Committee upholds the refusal, condition, or limitation,
the applicant may appeal to the Commission, which shall make a
final determination after receiving a recommendation from the
Citizen's Traffic Safety Support Commission.
{ (4) Compliance.
(a) All driveways and parking lots shall be
designed, installed, located, and constructed
in accordance with the approved specifications,
plane, conditions, and requirements of the
E ,
E
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perm,~t issued for the property and the require-
. manta of this article. No Certificate of
Occup~ncppy shall be issued for any building on
j until rthertconatruction aiaprovementa,realtera:
tions, or other work covered by the permit is
completed in accordance with th~~ perm Lt isausd,
the requirements of this article, or the
~rovieions of any other applicable ordinance.
tiers no building permit was required in
permit, no
parkingiolot worh~drivewayreone8the property for
f which the permit was issued ahail 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
existing drivewayv, or portions thereof, is
necessary to com ly with these requiramente or
a permit iesuedr he
r
eu
nder
i
closed by the inatallatlon Hof acurbeand agluttsr
along the ggutter line of the street, if an
r'"~ and the fillip of the existing driveway
approach depression with asphalt or concrete,
u all in accordance with City spacificatione. If
there is no existing curb and gutter on the
street, the driveway shall be closed in the
manner specified by the City Engineer.
(5) Ex iration. Any permit issued hereunder shall expire by
limitation an ecome null and void if the work authorized by such
permit is nos commenced within 180 days from the data of such
permit, or if the work authorized by the permit to suspended or
abandoned at any time after ilia work is commence) for a period e
180 days.
(n) Hodificationa. After approval of the work performed
under the perm'~'t"~ pproved, no person shall E~iareafter altar or
change the approved driveway or parking lot without submitting a
new application in accordance with the pryviaions of this
Division.
(C) ACCESS TO AR1'ERIA1, 3TREETS.
(1) _P_u__r~o_a~e~. Tha following access regulations are adopted
in recognition that primary and secondary arterial streets are
i daeigned and intended to be used as major routes carrying high
,V J
volumes of traffic. Each driveway access allowed to an arterial
PACE 20
V
4
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street will necessarily interf;re with the function of those
streets. These regulations, therefore, are adopted 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 locat o~ nand oints o access to arter a streets a a be
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 arterial street shall be governed by the following
criteria:
(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 plane 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 access to any arterial street, if
other access could have beer, provided except
for scrh unapproved subdivision of the property.
(4) Access Standards. When driveway access to an arterial
street is the only reasonable means of providing safe and adequate
access to the property, as 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:
PAGE 21
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(i) the applicant submits a traffic engineer-
ing study performed in accordance with
accepted professional traffic enV neering
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
i per hour during peak hour use;
(ii) permitting the additional driveway would
not violate driveway separation •r corner
clearance standards; and
(iii) the need for each additional driveway would
r, substantially outweigh any traffic problems
E 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
proportion,
(c) The development 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 drivewa for
each 75 feet of frontage on one street, provided that each drive-
`s ; way would most the separation and corner clearance requirements
of this article. The driveway shall, whenever possible, be
required to be located and designed so as to provide joint or
shared access with ad ointn
j g properties.
(2) Single and two-family residential developments shall be
designed so that lots do not require driveway access to existing
or proposed collector streets* if the shape or size of the
property is such that the lots cannot be designed to avoid
i driveway access to a collector street, adjacent lots shall be
1
PAGE 22
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provided vith a"shared access. In no case shall any lot be
I allowed mote than one driveway access to any collector street.
(E) SEPARATION OF DRIVEWAYS.
(1) These regulations are for the purpose of insuring that
all driveways are sepc*ated 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:
' I
(a) The separation requirements shall be determined
it, reforence to any existing driveways on or
' off the property. Where applied to a property
which is located adjacent to an undeveloped
tract, the separation requirements shall
account for the placement of future driveways
on the adjacent undeveloped property.
(b) 'Cho minimum separation specified may be reduced
if the amount of street fronts go for the pro-
perty is insufficient to allow for one driveway
access that would have the necessary separation
from an existing driveway on ad4acent property,
If a reduction in the minimum separation
specified is allowed, the separation shalt be
reduced only to the degree necessary to allow
for the driveway.
(c) The separation distances specified shall be
measured from the nearest edge of each driveway
at the rigat-of-way line.
I (2) The minimum driveway separation standards are as follows:
Street Minimum in feet
Arterials 300
Collectors 75
Local/Estate 10
PACE 23
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(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 dri,%raways
of
and the intersections
public preting and applying the standards, following shall apply:
(a) A reduced requirement may only be used if abso-
lutely necessary to provide driveway access to I
property where no other means of access meeting
the corner clearance requirement is reascnably
possible.
i ~
(b) The specified distances shall be measured at
the right-of-way line from the edge of the
driveway nearast the intersecting street to the i
right-of-way line of the intersecting street.
(2) The minimum corner clearance requirements are as follows:
Intersection Type Minimum (in feet)
Arterial - Arterial 25250
Arterial - Collector ISO
Arterial - Local 50
0
Collector - Local
l
E
1 ~ f
1.
1 ]1
y, f
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PACE 24
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(G) DRIVEWAY WIDTHS AND GRADES.
i (1) Widths. Driveways shall meet the following width stan-
dards) unless adjoining properties provide for shared access of
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.
Curb
Width (ft.) Radius (ft.)
(a) Single or Two-family Use
Maximum 20 5
Minimum 10 5
S'
(b) Other Land Uses
Two-Way Driveway
ffiximum 30 20
Minimum 24 10
One~-Way Dti weway
SIR is er•eLv/axit
Maximum 15 20
Minimum 12 10
Two lane exit only
Maximum 30 20
Minimum 24 10
to) Upon a showing that significant projected truck
traffic creates the need for modification of the
abova, 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 mots than a fifteen percent (15x) grade and shall
have a minimum 6 inch rise from ttie gutter line to the radius
point.
PAGE 25
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(N) PARKING LOTS.
4
In order to insure that the use at.d design of parking lots
do not unreasonably interfere with the efficient and safe use of
the public streets, the following regulations shall apply:
(1) All properties shall provide for the number of parking
spaces as required by Appendix B-Zoning of the Code of Ordinences.
j
I (2) The dimensions of all parking spaces shall be in accor-
dance with the dimensions shown in Appendix A-5.
i
~ (3) Parking lots shall be located or designed so as not to
require vehicles to back into a public street, a parking lot
travel lane or the area where parking area aisles intersect with
travel lanes, as shown in Appendix A-5.
(4) Pimking lots shall be designed so that no part of an
public stettat will be used as a maneuvering area, travel lane or
a parking area aisle for any parking lot. Each driveway s611
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
case,, 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 interfere with the use of
any public street.
(6) No property shall be designed to make use of the parking
it if 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 ma 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 so that vehicles cannot extend beyond the perimeter of
the lot onto adjacent properties, public rights-of-way,
sidewalks, or areas used as walkways.
PAGE 26
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(9) No portto~% of any parkfeet 1(5r) ooferanyapublicristreet
shall be located within five
right-of-way.
ments(10)anyParkirI& with the landscaping require-
(11) All parking lots shall be coar.ructed in accordance
with the specifications of Appendix A-5 and the applicdhl
provisions of the City's N.T.G. etendard specifications. All
parking lots shall be surfaced with concrete or asphalt, except
that pavers may be used as a surface material in lieu of conccreete
I or asphalt if they meet the minimum load limits for the type
amount of vehicular traffic proposed to make use of the parking
lot, in accordance with the manufacturers specifications.
Parking lot surfaces shall be properly maintained in good
lineso potholes o rs marr,ingse aredefects an so
kept vi ible
condition so as t
d I that all parking space
and distinct.
Article 4.06. Reserved.
SECTION 11. That Appendices A-1 througgh and including A-7,
as part
as l Ldoted as re
though the
fully gincorporated
re een of rthis are 4
requiremments ts
herein.
SECTION III. That articles 4.17, 4.18, and 4.19 of Chapter
IV of; c s I of Appendix A of the Code or Ordinances are
repealed.
SECTION IV. That if any asotion, subsection, palicatih,
sentence, clause, phrase or word in this ordinance or app
thereof to any arson or circumstance is held invalid by any court
of competent furisdiction, such holding shall not affect the
I validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would
have enacted such remaining portions despite any such invalidity.
SECTION_ V. Any parson who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
raquirements thereof, or of a permit or'cartgqificate issued therts
` under, as rates provisions, rrgolrty locateduwithin the corporate
1 or certificates apply to any p pe
limits of the
f Denton r punishable by a0fineonot exceedingaFive Hundred Dollarsm($500e00)r
PAGE 27
f.'
Each such person shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation
of this ordinance is committed, or continued, and upon conviction
of any such violations such person shall be Punished within the
limits above. '
SECTION VI. That this ordinance shall become effective
fourteen eye from the date of its passage, and the City
Secretary is herebq directed to cause the caption of this
ordinance to be published twice is the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
l PASSED AND APPROVED this the day of , 1988. ;
RAY i
S, KAYO t"
i
j
ATTEST:
WALTERS, C SECRETARY
i
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY"
~N {
~ i PAGE 28
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APPFT'II1Ix A - 1
r1, S1REEl' DESIGN SPECIFICATICM
I
Arterials Local/
Pr~r1r Seca Collector Residentisl Estate
i
(1) Pavement width (face 30 24 with 4:1
to face) (feet) 2 (361) 2 (25')* 44 side slopes
(2) Number of traffic 6 4 4 2 2
lanes
I
(3) Lane widths (feet) 11 11 11 11 12 E
50
(4) Bight-of-Way (feet) 100** s0 E4 (d
(5) Vehicle =ity
policy (vehicle 2,7W1** 11400*** 790 400 400
per 45
30 30
35
40
(6) Design apeed (mph)
(7) Minimum grata 0.5 0.5 0.5 0.5 0.5
} (s) Maxtan gs.ade (x) 7 7 7 7 7
(9) Minimum ter line 750 500 300 250 250
radius (me)
(10) die~ta ce (fast) 175 275 250 200 200
(11) w dh (t width 14 14 n/a as, n/a
(12) moplnig (feat) 400 400 n/a n/a n/a
(13) Minima radius for 20 20 2r) Noctxbred
curb returns at in- 35
tarsecttons (feet)
(14) separation nmminimus-
(feet) 100 100 75 0 0
*Divided rr„dways, aaca with specified width.
**oneh undyed fifty ~~f om intersection t'on both sides
one intersecting
hundred fifty (130
other major or ssoonda y arterials.
~
1 **qevel of Service
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APPENDIX A - 2
Design Standards for
Connection of Perimter Streets
€ to
Off-Site Perimeter Streets
1) Minimum Length - 100' transition
Minimum Pavement Section - 2" Asphalt - 6" lime - residential
t 5" Asphalt - 6" lime - Others
2) Traffic control devices shall be installed to provide for
safe, efficient, and properly marked use of the proposed
transitional areas in accordance with the latest edition of
the Texas Manuel on Uniform Traffic Control Devices, published
by the State Department of Highways and Public Transportation.
i
3) Chart
Min Min
Design Radii Length
residential 250 100'
` Collectors 300 150'
Secondary Arterial 500' 250'
Major Arterial 750' As needed
NOTE: All radii and lengths are based on actual street section
constructed not classification,
ro
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APPENDIX A - 3.
Nunn
f~ ~ DIrM r IIMYItq IhirtlM~ M AtN
AtlTT11r0 td/q 1h10t1 111♦
~W I110/Mw ! f t1 E
Itmv 10 t! a f
MVILWO I}
10 A
UK%w 10 1! I!
low to is N !
R11MM10 ~M /
maww 10 I!
MON to
t1 11
~IOAf10U11 ~ '
MKVw 10 is to
MM 11 t0 a
AIL M~KNIQ 01"~IF t0 11 11
• C
11
11 N M
CtllOIIIt10 ~ f 1 ~ • MtIMi
f I f tell N!. N1f~jqy~
N11 a!lin a11
CMtYONA~ MIIU 1 / f N / vie
N f N f/ f to is
1 N tI N N 11 1! t/
Mfip~ ~1 1
w11w11 /
/ f a
tMr,w f u ~
roTK. are rolm"
o " 40
/a w~r111t11~cso
• 40 - 8o a+a~~r.nssnso
1
i
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APP4MDIl A-4
ALLLT3 AMD PRIYA?S ROADS
R ALLRYS (R=AR ACCSSS)
KIND M RWIRDMM PO
lSi. yltdth__l Miniw I. Mini. Thialaess { Minimum
I I ICenter Linel l" I Rasewat
Use 1payoomintIRameme..: R iY1 I■A.aheltI0Ganar.t0 1 Corner 41in
ResliontLel I 12' I 16' { 30' I S" I S" I S' Y S'
~ I I l
1
won
Residential { 16' I 20' I 60' 1 6" I 6" 1 10' X lo'
1.
i
KINDW UQUIRDOM POR PRIMA?4 ACCSSS ROADS
mini" I KinLalu. {Minims ?hiakaa.a_l
I Parw.at Yidth {Center Ltnel I'•
Use- h s s JI,
20 24 I S0' I S" I S" I
Residential
Moe 241 SGT l 6" l 6" I
Residential lsxcludinl+ Parkinsl ` l
Mead in ParkU* is dOAouresed alead private roade, but may be
Domitted alay S% or lea of the 3004th of the road.
L ~
4 e All actLoas me to have 6 Lnahes of lima subsrsds.
Concrete actions are to 00 reinforced with 314 inch Oar$ on 24 inch
centers or 6x6 cumber 6 wits mash.
~u 20 test to siniw fire laps ro4ui~at.
E
06!40/2
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APPENDIX A-5
pNG LOT S1itFACE (MIN1M11M pFQUIYE1fENTS)
l Minimum Yavemvit T " Oeo aa~ Su ra *0 Vera
As hlt
~ I ~Coacrete
13 l/b" Pav
2 inches with
with cted
Existing unpaved l 5 itcwbaee l e inches flex base ~ I swith ubgrada~
Parking Lo 4 compacted
sr in Lora 16 inches lime
inches with l S inches with
I b inch lime subgraae; 6 inch lice subgrade isubgrsde for
Fire and Drive 5
I lsolid pavers
Lanes
j i I l
{ 16 inches lime
M
ti 12 lathes with
s j Parking Area I compacted w base 16 !aches flat base llsolid pavers
I
for 6 inches
' Iflexible base
Ifoc grid
I I `pavers '
I
oore Nor
'low
Construction Materials and ~t~uiiore to " City oft Denton addenduomuto the
of Coverameato stands Pe and NTCoo specilieatione.
ctions n 24 inch
a Concrete se ere to be reinforced with 3/b inch bare o
centers oc 6 x 6 nueber 6 wire ash. ftrade as when pavers ass used the 8%
Surface a(xinimusiae4uits eats for Paver"
Appendix - Packing suppliers can be obtained from the
A list ol Aapproved materiels ana ` Departaent of Public Works.
ak
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APPENDIX A-5
BARKING LOT SURFACE
(MINIMUM REQUIREMENTS FOR PAVERS)
ANITICIPATEO TRAFFIC LOADING PAVERS REQUIRED
NO. OF
VEHICLES TOTAL EQUIVALENT
TRAFFIC PER OA? STANOARO AXLE LATINO
CLASS1fl. OVER 3 T REPETITIONS AFTER
CATION GAOSS 110 YEARS $CRVIC[ EXAMPLES Of USAGE THICKNESS PATTERN
TI 0.15 0 TO MULTI-MLLING DRIKWAYS 2 3/1" N OR P
45,000 PARKING LOTS CUL-OE-SACS. 2 3/l" H OR P
MALLS NOT ACCEPTINO 2 3/8" N
DELIVERY VEHICLES.
12 15-15 45 000 TO MINOR RESIOENTIAL STREETS 2 3/l" N OR P
R06000 SUOJECT TO GARRAG[ TRUCKS. 3 1/8" N OR P
COMMERCIAL PARKING LOTS. 3 1/1" N
T3 4S-1S0 140 000 TO R[SIOCNTIAL STREETS. 2 3/8" M
4500000 MALLS ACCEPTING 3 1//" M
VEHICULAR TRAFFIC.
T4 150.450 4}~LON TO MINN yR[IROARIMMMIROADS INS 3 1/l' M
SP[[0 LIMIT. INDUSTRIAL
YARDS WITH TRUCK TRAFFIC
ONLY$
1s 4so-1500 14oo No TO MAJOR THROW ROM IN 3 I/l" N
41}00.000 t8,06401 AREAS WITH A 40 MPH
SP[[0 LIMIT. INOUSTRIAL
TAROS WITH TRUCK TRAFFIC
AND LOADING : 1P11[NT.(21
~1 1
(1)
r APPLICABLE) LAT1111 PATTERN ; - HPAARRINGIO RUMMER (2) 111,LOADSO FIB IiM~Tt~I NT MUST
70
60
SO
40
30
2s
20
1s
,Q
s
r
3 rs
T1 rt 11) 4
2 1 ! 3 4 S 6 1 9 to 11 12 13 1 Is t 17 1 19
AceoMl[NOCo MINIMUM Sul-[Alt TNICKNclS
1
APPENDIX A- 5
PARKING LOTS
SPACE USED FOR VARIOUS PARKING
i
SPACE DIMESIONS AND MANEUVERING AREAS
z
PARALLEL ® ® A Z No
I
d
a
I
!O•
490
i
-
7
as
APPENDIX A=5
PARKING LOTS
2i„
N H
60. ' a No L- 6.40
10.4
M s
-9.0, AV tA.01
x9"
900 • N s ..l~..
N
N NUMBER OF PARKING SPACES
L • LENGTK OF PARKING BAYS
(2)
COMPACT PARKING SPACES
itd'
r-
id A-scork-(40.4r
•
1
l 1,
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APPENDIX A_ 5
PARKING LOTS
(3) ~
la ,24 (Ail a 1e'
2.6
a
l
I I .
l
a" RNaal
r
3 ? of
r 244
i
E PARKING AMA
N
STREET
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APPENDIX A- 5
PARKING L+DTS
- k Ie' ,x4' lAI• • ~e'
E /
r ~ e"Ras••e ~
r
0
244 J
j
I
DRIVE LANE
STREET
APPENDIX Am 5
PARKING LOTS
KMtW,,Rl STACRM DISTANCS RWIMuM
1
-lotal Number of Puking Samoa I Mla. !tanking Distance in fret
0 - 50 I 20'
It - 100 I 10'
101 - 230 I 60'
251 - SOO
$01 art over J tratfio Stuy "quit"
i
(6) MINIMUM STORAGE CAPACITY
f~R DRIVE Tl ROWH FACILITIES
Driver Thru r4eilitiee
si
x
Ir n
30
M
M
u
a
10
I 0N~•/1 •
` q rw a •0 ID X00 HO v0 u0 +•0 200 220 244
AVON" ItUR66t Of Gan Atti" Dutir.Q I"k Hour
r`
1
4
I
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APPENDIX Am 6
SIpEWALK AND HANDICAP RAMP UETAILS
i
4,0' Top 01 ir~rer~
ppreoen
;
I + 12 I:12
Ideri
Slo • Sbpe PROFILE VIEW
lMO>t.l ~ eRlvtw~Y Raw
ERirrle ~'_s" 4.0 ti"
Te Of Curb i;:4
t
Orlwwy Mmp F L Of Curb 1/Z" Lip (Me:.1
PLAN VIEW FRONT VIEW
MANOICAP RLU
+.0'
1Ver
4 4,"
1t>tieflAS Curb 2"lead Now
cmall SECTION
1
1
G qY
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APPENDIX A-7
TEMPORARY TURN-AROUNDS
Minimum ---*-Minimum Thickness
Use Outside Radius ruse oc s a t
Residential 45' 611 211
1
Other Than 45' 10" 518
Residential
i
Turn-arounds require a 6" lime subgrade.
DISTANCE SPACING BETWEEN
INTERSECTING STREET CLASSIFICATIONS
i
Arterials Collector Local
Arterials 51280 11000 400 (if permitted)
Collectors 11000 10000 200
Local 400 (if permitted) 200 200
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Pt,Z Minutes June S, 19b8 DRAFT
1'a gr; S
VI. Director's Report
Mr. Robbins stated that staff would like to brief the
Commission on up-c)ming events of the City Council.
Ms. Carson referrec to the handout on Subdivision Regulations
that the Commission received and stated that there is new
` language to clarify the section titled "Access to Collector
i
Streets" as follows;
` "2) Single and two-family residential developments shall
be designed so teat lots do not require driveway access
to existing or proposed collector streets. If the shape
or size of the property is such that the lots cannot be }
designed to avoid driveway access to a collector street, 1
adjacent lots shall be provided with a shared access. f
In no case shall any lot be allowed more than one drive-
way access to any atreet."
z Ms. Carson said that Council requested that provisions be i
added for parking lots to permit the use of 'Pavers" and
"Patterned Coicrete type use". The wording has been changed
to include:
except that pavers may be used as a surface material
R 'F in lieu of concrete or asphalt if they meet minimum load
limits for the type and amount of vehicular traffic
proposed".
"s f In addition, revisions have been made to Appendix 5 to include
minimum development requirements for pavers.
Commissioners concurreu with the changes.
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April 13, 1965
Page 14
IV, CONSIDER PRELIMINARY FEPLAT OF LOTS 2SA•27 BLOCK A AND LOTS
1hE M a5 'fTO~-
• l N H 0
STAFF REPORT; Ms. Carson said that this is an 1.021 acre
tract orated south of Audr+ Lane and east of Brittany Drive.
She stated that this is a replat in conjunction with the recom-
mendation made earlier by the Commission to amend a planned
development (PL-63). Single family development is anticipated.
She added that tit services and facilities are available, the
plat conforms to the minimum requirements of the Denton Sub-
divisiun and Land Development Regulations and the Development {
Review Committee recommends approval. [f
PETITIONER: Bud Hauptman, Metroplex Engineering, said that he
wdu answer any questions that the Commission may have.
DECISION: Mr. Glasscock moved to recommend approval of the
pre n- art, t of Lots 2SA-27, Block A, and Lots 20A-34B
Seconded
and SbA-16, Diock B, of the tudra Meadows Addition.
by Ms. Cole and unanimously a rrled (7.0).
V. CONSIDER ALOPTION OF AN ORDINANCE AMENDING ARTICLES 4,01CLE
ThROUGH I I I lot ADFFFUN R
t UFUMA to provide or new an amended regulations and
re driveways, parking lots, and
uresents for streets,
q
sidewalks; repealing Articles 4,17 and 4.16 of Appendix Al
providing for a severabllityy clause; providing a penalty in
the MAXIMUS amount of $SOO.00 for violations thereof; end
providing for an effective date.
It was moved by Mr. Claiborne, seconded by fit. Holt, and j
unanimously carried (7.0) to remove item from table.
STAFF REPORT: Ms. Carson stated that a revised copy of
the regulations has teen provided to the Commission for
this meeting, She said that some changes were made to the
document but they were changes that were made prior to the
March 21d meeting. She explained the changes is;
1. The definitions on pages 3 and 4 have been alphabetized
(Article 4,04A);
2. The mesiurement for vehicle trips was clarified on Pages
4 and S (Article 4.04B)l
3. The deferral sectlon has been revised and reorganited on
Pages 6 and 7 (Article 4.0/E); and
improvements histbeen revisedeinlregard-tofinsexemptiont
on page 9 (Article 4,04F).
Ms. Carson stated that perimeter streets were discussed at
last meeting and she wanted to clarity that perimeter streets
are only the portion of the roadway in front of the property
being plotted. The exceptions to perimeter street requirements
are essentially only for the properties that are farther than
1,000 feet from an existinii water line and water lines were not
proposed for extension. Sbe said that staff hat determined
that in the last year and a half there were only four instances
where that would have been a factor, Ms, Carson said that
there is also on exception for a single family residential lot
and for development that has less than 100 feet of frontage on
an existing perimeter street as It was fait that 100 feet was
not a great though distance to make improvements to a roadway.
DIVISION 11 Street and Sidewalk Requirements and Deslln
Standards
Article 4,04 (continued)
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I April 15, 19be
Page 1S
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F. Improvements to Existing Off-Site Streets p. e
Ms. Carson stated that in regard to perimeter street
lmprovements, any development that generates more than
l00 vehICie trips per day would be required to do off-
site Improvements, by patching, reconstructing, or over-
laying with asphalt, as determined to be necessary.
Mr. Claiborne asked who would resolve the dispute, it
two individuals disagreed. Ms. Cars On said it would be
the City Engineer, as stated on page 9 of the subdivi-
sion regulations, in accordance with the rating chart
in Appendix A-J.
Ms. Brock asked where the funding would come from.
Ms. Carson stated that developer would be required to
make Improvements. Soo added that if the City of Denton
is proposing, under the Capital Improvements Plan, to do
improvements within one year, then the requirements would
not apply.
G. Adequate Street Access p. 9
H. Coordination with Surrounding Streets p. 10
I
1. Intersections p. 10
J. Medians p. 11
Ms. Carson said that in a discussion with the developers
regarding this section, there were alternative proposals,
Staff Propossl:
12j All Ur ions of the median less than eight (b) feet
in width shall be Installed with a maintenance free
surface of concrete. Other portions of the median
thel;Ionslforawhichwshell betapproval byotheyParks
and Recreation Department.
M Devalo era' Alternative:
port ons o t a median less than eight (a) feet
in width shall be installed with a maintenance tree
surface of concrete or similar material approved by
the City Engineer, excluding asphalt.
Ms. Carson said that this would give an option to do or
not to do pavers, since they are expensive.
Staff Pro oaalt
131 or every 1,000 square test of median area or portion
of a
diimeler, measured from
ground level, shall be Installed, The type of trees
used shall be from in approved list maintained by the
Parks and Recreation Department, the modian area shall
be sown with gross in the manner and of the type speci-
fied by the Parks and Recreation Department.
Dereloaers'_Alternatlvet
1s) Other portions of-The median shall be landscapped or
xerlscaped in accordance with plane approved by the
City, For every 11000 square Feet of stolen area or
portion thereof not of a maintenance free surface,
diameter, trunk round loyalnc hallrbeoinstalled,
the tree type used shsiI be from in approved list m.in-
ta coed by the Parks and Recreation Department.
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April 13, 1916
Page to
Ms, Carson sold that developers added the term xeriscaped,
which possibly eliainates water having to be placed in the
medians or the City's having to maintain the area.
Ms. Brock asked what xeriscaped meant. Ms. Carson said
that it meant casino Texas native plants that are drought
resistant and require very little water.
Ms. Carson said that basically the only changes are to
eliminate pavers and to elfain+te automatic water irri-
g+tion systems.
K. Cul-de-sacs and Dead End Streets p. 12
L. Alleys p. 12
Ms. Carson said this is not to establish that residential
areas would have alleys; the Commission or developer may
wish to Install Alloys. She said that fo all cases, except
when required, Alleys would be private and not dedicated
to the city.
M. Private goads p. 12
Ms. Corson said private roads are only allowed in planned
development districts and that in owners' association
assumes responsibility for those roads.
N. Street Names and Signs p. 14
Ms. Cat a explained that this was approved by the
Commission about a year ago to glace responsibility
on developer to name streets and install signs.
o. Street Lighting p. 11
P. Fire Lanes p. 31
Ms, Carson said this section refers to the fire lane
crdinaoce that was adopted earlier this year.
Q. Sidewalks p. 14
As. Carson said that the developer committee had proposed
an alternative.
Staff Pro o all
ti) All ere opments shall within the•dediccted riht•
of•way, provide sidewalks along both sides of all
of streets
perimeterhstreetsipprovidedo howevere, that
" whenever this Code provides for in exception to the
tog CitymspecifiUiions nonSidewa lkgshallmbeerequired
along the okistinjj perimeter street, wnleSS it is a
State or federal Alghway, In which case, a sidewalk
shall be required,
Develo trot Alter ativei
eve opeon i ATiall, within the dedicated
rleeht•of•way, provide sidewalks)
(a) along both sides of arterial and collector
k streets within and abutting a development and
along one side of all arterial and collector
Perimeter streets, and
(b) along one side of all total streets within
j as development and along one side of a local
CltymEngineer, w9enotheidevelopmentsisblocated
within one and one-half milts of o public school
or Park.
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April 11, 1986
Page 17
Ms. Carson Bald the location of requlred sidewalks within
one and one•halt miles of a public school or park is be
cause that is the area for which the school district does
not provide public to nsportation. She said suggestions
had also Leen made to locate sidewalks at curb line and
to make them narrower.
to h (S) which states that when
She also referred I parents perimeter street improvements are deferred, required side-
walks may also be deterred except along state and federal
highways.
DIVISION 111. Driveway and Parking Lot Requirements and
Design Standards:
Article 1;05
A. Definitions p. 16
B. permit procedures and Requirements p. 16
Ms. Carson said that a driveway permit is required by
` aparkinoelatato ens u ra padequateg spaces itesent for
j C. Access to Arterial Streets p. 10
Ms, Carson said the intent is to limit direct driveway
access to arterial streets.
D. Access to Collector Streets p. 11
i
Carson stated that one driveway ppe rioted for
Mset. ch 7S feet of frontage on one street for commercial,
Industrial and aulti•family properties which front on
e , hector street She satd residential tubdirislons
sho,_d not be permitted to have direct access to collector
streets; they should have marginal parallel access streets
or alleys of private parallel access drives or share COL-
won driveways.
hillmbe questioned paragraph provide a(marginaldparalleluaccessions
street, alley or private parallel access drive to serve
the Individu+i lots fronting upon a collector street, In
accordance with the access standards applicable to arterial
Mr. Clark eaplsinud that every house in a residential
subdivislon should not have a driveway onto a collector
street. He said that during peak hours a lot of Col-
lectors ate congestedi therefore, right-of-way interrupp•
lions should not be encouraged. He oild that residential
subdivisions should have access drives to enter into from
a collector street.
Chairman Claiborne said he could see something hayypining
similar to whit exists on Ector Street. He said Ye had
mIxed emotions about Mt. Clark said this Is not the only option, that alleys
peakchouratreets are +s
Important e Is option He e during Collector
Mr. Holt saidt he didn't think drives in front looked good
and drives provided in bark take away from the yard area.
He sold he traveled during peak hours and didn't see a
problem h
Me. Brock inquired about shared driveways,
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P 8 2 Minutes
April 13, 19b9
Page Ih
Ms. Carson explained that if any single family or duplex
lot is allowed direct driveway access to a collector
street, each lot night be required to share a common
driveway.
Ms. Xlker commented that a shared driveway could contain
four or five cars that didn't belong to the owner of a
house.
I Mr. Clark further advised that proposed regulations would
not alter existing areas and that regulations would be
established for new areas.
Chairman commented that he had a problem regarding rear
entry access. he said alleyways look good on paper but
{ serious problems are created when all property owners
erect six foot wooden fences, making It difficult to back
into the alley and exit to street.
Mr. Clark said staff would like to encourage developers
to not front houses on collector streets and to utllire I
residential streets for access to collector streets.
Chairman amid he would agree with arterials but not with
collectors. He said he would not want to force rear of
lots to be against a collector.
Mr. Clark asked if Commission wanted to change wording In
paragraph (2) from "shall" to "may".
j Mr. Holt asked who would aeclde,
Ms. Carson sold it would be decided of final plat stage.
i ~
Mr. Clark said that the Commission should think about how
much infrastructure costs; the more infrastructure the city
has, the more maintenance costs, He said a true collector
should not have traffic backing into itl the more traffic
is restricted, the more streets are needed. He said the
safety factor should also be considered; the more true
collectors streets there are, the fewer accidents would
occur. He said a true collector Is to carry traffic from
residential streets to arterials,
Chairman Claiborne commented that he didn't feel right
about not allowing individual driveways,
Mr. C:srk said he was thinking of the future, that Denton
wouldn't be the same in 10 years.
9. Separation of Driveways p. 22
F. Corner Clearance Standards p, 27
G. Driveway Widths and Grades p. 21
H. Parking Lots p. 21
Ms, Carson stated that this is in attempt to put Into one
area what is currently in toning ordinance, She said a
five (1) foot setback from public right•of•woy for any
parking space is being recommended for safety reasons.
Ms. Carson said staff would like to know how Commission feels
about suggested alternatives and she would answer any ques-
tions Commission might have regarding the proposed regulatlor.s.
Chairman asked for comments from the audience.
tP 4 2 Slnutes
April115, 1968
Page 9
J.Y. Stranle, a local developer, sold that he would like to
ask the Commission to consider the alternatives suggested for 6
sidewalks. He said he thought that sidewalks in residential
subdivisions should be restricted to within one and one-half
miles of a school and only on one side of the street rather
than on both sides. He said the cost is $b.00/per linear foot
for the sidewalks and this cost is gassed on to the homeowner.
He said that he would also like the Commission to consider
reducing the width of sidewalks from four feet to three feet
and moving the sidewalk closer to the curb, aue to the water,
sewer, gas, and other lines being placed under the sidewalks.
He said streets are built prior to hones which can create e
Droblem when developer has to tear out sidewalks to serve
houses with utilities.
Chairman asked about escrowing sidewalks allowing developer
I to come back and put to a sidewalk system rather than doing
it piecemeal, as a two lot sidewalk does not serve a purpose.
Ms. Carson said that the only exec imn to sidewalks could
be found on page 15, paragraph (S) ".......1n any case, the y
E requirement for sidewalks eay be deferred in the some manner
4 as for perimeter streets where the nxistin perimeter street
is proposed to be widened or toprovad in the 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 sidewalks",
Mr. Holt asked It proposed regulations address location of
sidewalk.
Mr. Clark referred to Appendix A-6, examples of sidewalks,
Mr. Claiborne asked how many feet ate between the sidewalk
and the curbiine. Mr. Clark said that it is flve.and one-half
feet for a normal residential street.
~ DECISION: Coalssionaro discussed pages 7 and 16 Division lI,
Article 4.04, (E)(3) Exceptions to false Street Require-
Gentle
Ih ' Hs. stock said her concerns are that the 1,000 toot line may
drive development out to ETJ that developers will plan one
lot at a time, that people will to Into areas that meet this
criteria. She said she is concerned that this is being ouyy-
gesled because it will be easier for Commission and Councll
I not to have to consider so many variances, Mr, Holt commented
that this involves only pavin , Chairman commented that he
shored the concern about the ,000 toot line but he is willing
to give staff the benefit of doubt, that he will vote to
approve with the understanding that the Commission will be
keeping a close eye on the matter,
Ms. Brock moved to eliminate ((f)((S) Ex-eptions to Perimeter
Street Requirements, Article 4,0 1, ~lvisirn 11, Street and
Sidewalk Requirementa and Di n Standards, from the proposed
regulations, Seconded by Me, ~iker,
Vote was a lled$ Aye • Brock, Cole Riker
Noy Claiborne, Glasscock, Holt, Kamman
Motion failed (3-4).
Commissioners discussed page 11, tivislon it, Article 4.04,
(J) Medians.
Mr, Claiborne moved t) accept alternatives to (J) Medians,
Article 4,04, Division It Street and Sidewalk Requirements
and Design Standards, as followsi
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P 6 Z Minutes
April 13, 19bb
Page 20
(2) All portions of the median less than eight (5) feet in
width shall be installed with a maintenance free surface
of concrete or similar material approved by the City
Engineer, excluding asphalt.
(3) Other portions of the median shall be landscaped or
xerlscayed in accordance with plans approved by the
city. for every 1,000 square feet of nedian area or
portion thereof not of a maintenance free surface,
a tree with a trunk of three (S) inches or more in
diameter, measured at ground level, shall be installed.
the tree typpe used shall be from an approved list
matntalned by the Parks and Recreation Department.
Seconded by Mr. Holt and unanimously carried (7-0).
sion 1s discussewapplkies 11 and 15, Division 11,
Article
Ms. Brock stated that she is in favor of ordinance as written
rather then for alternatives children to play* especiallydat that lots ge alks
are a place
-Saa_IET. ~ t
Ms. Biker concurred, stating that she thinks sidewalks are
important.
s
Comaltt+e one of the commendations of
kr. LCUlaiborne bPlanning stated
bothhe
sides of a street, he maid :e is in favor of a pedestrian
getting on sidewalks and being able to traverse the City but
from a practical standppoint he wondered if sidewalks are really
needed on both sides of a street, He said on a collector or
lsn±tesure. fHelakkedyMr. Clarks where be thoughtrside alkshe
should be located.
Mr. Clark answered as shorn on Appendix A•6. He said that
sidewalks are now placed on the opposite side of street frog
the water line to they will not have to be torn up when a
break occurs in the water line, but with today's improved
materials there should not be many breaks. He said the City
also might consider moving the location of the water line.
Ms. Biker asked how City felt about yeople puttlni in their
own sidewalks. Mr. Clark answered that the City oes not try
to stop them.
Mr. Holt commented that it is not very difficult to walk in
the street where he lives, that he does not feel sidewalks
are needed on both sides of the street.
Ms. Brock said that people are being encouraged to walk more,
that motorists are an ry about people foggin and biking In
the street, that she Isola sore Jogging and liking path+ are
needed.
Mr, Claiborne moved to accept amended alternative to (Q)
Requirements Article Deslgn 0 Standards, It Street a; followafn4 Sidewalk
(3) All developments shall, within the dedicated
rl ht•of•way, provide sidevoiksi
(al sides aodevelopmentrand
along one side of all arterial and collector
perimeter streets, and
(b) along one side of all local streets within
a development and along one side of a local
pertaeter street, determined location by the
illy tngtneer.
Hattori died for lack of second.
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April 13, 1988
Fage 21
Commissioners discussed page 22, Livlsion 111, Article 4,05,
(D) Access to Collector Streets,
Mr. Clark stated that every requirement cannot be steclfied,
that staff is trying to discourage access to collector streets,
For instance, if development is only one or two lots an alley
would not be put in, if for larger development of 10-12 lots
It -fight be acceptable. He said parallel drive is best, least
desirable option is shared access. On question, he said shared
access could be one narrow entry drive that widens to two sepa-
rate driveways or one wide driveway.
Ms. Cole and Ms. Riker left the meeting,
Mr. Holt moved to change wordin in paragraph (2) from "shall"
to "may". Seconded by Mr. Clat orne.
Mr. Dlorrls said he was concerned about wbat criteria would be
' used if regulations say "may".
Ms. Brock said she could see people coming to the Commission
arguing, that she agreed it would be a problem.
Mr. Holt sold he does not like marginal access.
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Mr. Halt withdrew his motion and Mr. Claiborne withdrew his
second.
Mr. Claiborne sold he does not see any reason not to have bark
to back driveways for SF-7 and larger residential lots. He
said he has problems with alleys or private parallel access
drives.
Mr. Claiborne moved to eliminate (D)(2), Article 4,OS,
Division 111, Driveway and Forking Lot. Requirements and
resign Standards, from the regulations. Motion died for
lack of second.
Mr. Clark said that staff would monitor this regulation, if
it does not work, it can be changed.
Mr. Holt roved to recommend adoption of the ordinance sub-
mitted amending Articles 4.41 througgh and including Article
4.06 of Chapter IY of Article 111 of Appendix A (Denton Level-
fi opment Code) of the Code of ordinances to provide for new and
otended regulations and requirements for streets, driveways,
parking 1mts, and sidewalks; repealing Articles 4.17 and 4.16
I of Appendix A; providing for a severs bility clause; providing
a penalty tm the maximum amount of $500,00 for violations
thereof; and provldlnQ for an effective dote with the excep•
tinn of (J) Medians, Article 4.01, Division 11, Street and
Sidewalk Requirements and Design 5 W;,or, and to accept the
following alternative for that section:
(1) %hen any development is required to provide more than
one-half of any arterial street, a median shall be
Drorlded In accordance with the design standards,
(2) All portions of the median less than eight (B) feet
in width shall be installed with a maintenance free
surface of concrete or similar material approved by
the City ]nglneer, ex:fuding asphalt.
(3) Other portions of the medlon shall be landscapped or
xerlsu pad to accordance with lens approved by the
City. For every 1,000 square get of median area or
portion thereof not of a maintenance free surface,
a tree with a trunk of three (S) inches or more in
diameter, measured at round level, shall be Installed.
the tree typpe used I be from an approved list
maintained by the Parks and Recreation Department.
Seconded by Ms. Brock and carried (4.1), Mir, Claiborne voted
no its IIng that he was unable to support Division 111, Article
4,05, (D) Access to Collector Streets.
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P 6 2 Minutes
March 23, 19ea
Page 8
7. The fire lane provided in Phase I between the admini-
stration building and the classroom building may be
removed as a part of Phase III and curbing shall be
installed in the location indicated on the site plan,
8. Perimeter street paving and sidewalks will be required
with any development in Phase II or the City Engineer
may recommend an escrow agreement for the improvements
at the time of approval of the final plat for Phase It.
9. A screening device shall be constructed, during
Phase 1, along the western edge of the proposed
parking lot and eaten ding to the property line,
as shown on the site plan.
Motion carried S•l. (Ms. Brock voted no.)
0. PRELIMINARY AND FINAL REPLAT OF LO1S 12 AND 13 TO LOT 1390
ECOT;If~, i -
Four notices were mulled to property owners in preceding
subdivision; one •eply form was received in favor, none
were received in opposition, p
STAFF REPORTt Ms. Carson stated that this 0.73 acre
rac s ou ted north of Oak Forrest Circle and west
~r o` Forrestridge Drive and is tuned SF•10. City services
and facilities are available and the pplot c mfcrss to the
minimum requirements of the Denton Subdlvision and Land
Development Regulations. The Development Review Committee
recommends approval to combine two lots Into one large lot
to allow for the development of a residence on a lot larger
than 10,000 square feet.
I
PETITIONERS Brian Burke, Burke Engineering, stated he is
reprIsen ng the owner and would answer any questions that
the Commission may have.
IN FAVOR: hone Present.
OPPOSM None Present.
REBOTTALi None offered,
Chair declaired the public hearing closed.
DECISIONi Ms. Cole loved to recommend ap royal of
e`P 0 t■ 13
p Inar and tina
Y 1 re tat of tot pp2
to Lot 13R, Block H, of the Forrestridge Addition,
Section III, Seconded by Ms. Biker and unanimously
carried (7.0).
IV. CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLES 1.01
TTT CLE
Wz"-L-VrPu:N1 COU OF BE
1 o provide or n
ew an amen a regu a ono an
llp
reyyu rements for streets, driveways, parking lots, and
} sldewalk61 repealing Articles 1.17 and $.Is of Appehdit Al
providing for a severability clause; providing a penelty in
the a a!mum smount of 6500.00 for violations thereoEl and
providing for an effective date.
No. Corson said that she would outline the provisions as
they differ from the existing subdivision regulations, also
some possible revisions recommended by a developer committee
some items h~reibeen and lob sold study
sessions.
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March 23, 1988
Page 9
DIVISION 1. General Provistonst
Article 4,01 - Purpose and Intent p. 1 this section has been
added as tFTs will be a separately adopted ordinance by City
Council.
Article 4,02 - Application and Interpretation of Standards
p, =11 ment was added that Commission shall have final
autholess otherwise provided for in code, following
recent changes in the variance procedure. f
Article 4.03 - City Partlcipatton p. 3 - A provision so that
-t -he rity may increase the s to or scope of the improvements.
DIVISION 11. Street and Sidewalk Requirements and Design
Standards!
Article 4.04
j A. Streit Classification p. 3
1) Primary Arterial will Incl[de freeways • (Loop 28a and
t-33, as recommended by Land Use Planning Committee).
S) 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.
7) Merglnel Parallel Access, A street which is parallel
and adjacent to an arterial street and wit) be used to
eliminate direct driveway access to the arterial (with
one entrance and having a feeder ro.d).
e. Compliance with Specification p. 4
C. Street Capacity p. S
3) An option to permit dedication of sore street right,
of•way than required in lieu of constructing the total
street system. The Commission must spprove and the 1
criteria lust be followed including that omitting the
Improvements would not substantially impair the safe
aoveaent of traffic, t
D. Perimeter Streets p. E 11
I) New Perimeter Streets shall provide the portion of
perimeter street for which It reasonably crates the
need, but in no case less than 13 teat. Twenty-five
feet would allow for two way traffic, developer has
actually created the need for two lanes and should
construct that, Presently the developer Is rtquired
to provide 17 feet and city participates in center
7 feet, which is costly to t e city,
11 Eafstlnee Perimeter Streets. Required to dedicate the
sight•ot-way and imptove or reconstruct the street to
the same extent as required for new perimeter streets
or to the extent necessary to complate the perimeter
street to the classification required,
stply Street otequtreaents, The
S) requireveetso shallPerimeter
m plat for a single family Lott or
b) ■ development with less than 100 feet or
frontage on an existing perimeter street;
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March 25, 1988
Page lu
c) o development that does not require or does not
propose to extend a city water line and Is further
than 8,000 feet from an existing water line.
bis. Carson stated that this provision allows a development
that does not rejufre extension of a waterline from the City
of Denton and is farther than 8,000 feet from an existing M[
waterline to be :xem led from
p perimeter street paving Improve
ments. She said this Item has raised a question about tee
compact growth policy proposed by the Denton Development Plan
which states the tLe city may participate in or may not re-
quire a developer within one half mile of Loop 208 to do off -
site improvements, and outside the one half tulle rtoo the
developer is required to pay all costs for improvements. She
said it appears there could be a potential conflict in this
area and this has been discussed with the Land Use Planning
Committee tear captains. k
Mr. Robbins further explained that the Denton Development Plan
draft says that the developer nay not have to pay for off site
roads within the one half site area. The road would be left
V as is until developed by the city or by adjacent land owners.
He said the implementation would be set out in the subdivision
? ! regulations, he explained that this is a consequence of the
City Council direction to proceed with a policy of ending
variances. he said the difference between the two ideas is
one is proposed as policy, that Dproposed subdivision reyula
tlons du not spa k to the one It f mile Issue at all. The
existing regulations say that if ycu have perimeter street
paving, you do lt. Proposed regulations say if you exceed
the 8,000 foot line you do not have to do perimeter street
{ improvements, He said he felt that Council was concerned
about the one half mile line vs the 8,000 foot line as the
one half mile policy could be more expensive to the City.
He said the farther the line is moved ba.k in towards town,
the hlgher the potential for the cost to the city to go up
or the impact of the road not being improved because the city
can't afford to Improve It.
Mr, Glasscock asked If it was 8,000 feet from an existing
waterline. Mr. Robbins agreed.
Ms, Riker said she felt It meant that the developer could come
in, built up the area, and not pay for anything, Mr. Robbins
explained that regulations are dealin with perimeter street
paving and would except only the deve~oper who does not extend '
city waterlines. He sold It would probably not be a major
development if the developer does not need a waterlint and
is one and one half miles from an existing waterline.
Ms. Riker expressed het concern about what would happen In
10 or 15 years when the property was onnrxed, and asked who
would pay Ecr the road. Mr. Robbins sail ft would depend on
where the waterline is. He explained another difference in
the two policies is that the one half mile policy is static
and the 8,000 foot policy vortes with the extension of a
waterline. He said when a waterline is extended, It will
alter the area where exception would be authorlted, as the
8,000 foot line would move out.
Ms. Riker sold she thought the city ought to do it right the
first time, that when someone Is ofng to develop, It should
be decided then who pays rather t1an the question coming up
later when property Is annexed,
Mr. Glasscock pointed out that now the developer only has to
develop half the road at 17 feet according to the regulations.
Mr. Robbins agreed.
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F 6 Z Minutes
march 23, 1988
cage 11
Ms. Brock commenced that If someone is required to Lave only
the 17 foot strip then that pavement would probabl,, be worth-
less I~ ars from now . Hr. Clark
standards for street$ may agreed rchange inaasi
IU year period.
Mr. Glasscock asked Mr. Clark if he recommended the 8,000 foo'
line. Mr. Clark said yes. Mr. Glasscock said he agreed also.
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Chairman asked what density of develop me n t would require city
water. Ms. Carson explained that the subdivisiione regulations
licurrently specify that a water wel' can only allow a four inch
s She said that most area water systems more than
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adequate to serve anything mot
waterline which not m
a residential type pe development. She said that some type of
Industrial or cemmerclal might move into these areas but it
is unlikely that any major type develop4tent is going to go
In that would not extend City of Denton waterlines. She sold
t eet aimprcvements would allowed e something develop very without and irest- that might be ar It
dentlaI In nature, maybe 30 lots. 4{
Chairman asked about 8,000 vs 10,500 feet. Ms. Carson said
exempted h by have the e 8,000 only feet. developers that
that at i been time
would h
Chairman referred to the areas that were discussed earlier
with inadequate facilities, mainly the mobile home parks.
ask-
said that now, 101r
ing the city to geatheaasome improvements, hoMr.pGlasscock
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said that the county has tegula[lons for those. Chairman sold
that he did not want to leave the next generation with the some
problems that the city is now haring.
Mr. Glasscock asked if this discussion was mainly about roads.
Ms. Carson said yes, the only thing that would be exempt Is
perimeter street improveMnts.
at A time,scompared taathetcostlofbperimeter streettpaving t
Mr. Clark sated that during the platting process, the devel-
oper or ownkr has to prove that he does not own any of the
surrounding Property. Ms. Carson added that under the final
plat provisions a developer cannot plat around improvements.
such his 0 a deterainei that ndevelopen there around them.
Ms, Carson said that the current regulations allow the
Commission to valve requirements For residential development
of three acres or three lots. 5he said It would be extremely
costly to do Snflil derelopmeet is some areas where staff
would like to promote development and staff felt one lot as
proposed seemed more reasonable than three lots as in the
current regulations.
Ms. liker stated that she felt the rules were too loose for
the developer.
Chairman stated that this does not alter the requirements for
building a subdivision within the ETJ, that a developer still
has to meat the city's subdivision regulations. He said cur-
rent subdivision regulations state that a developer has to put
in perimeter ;treat improvements, this reputation states that
the nevimprovements sit making foot line fromean
paving
existing waterline.
Ms. Carson said that the leveloper would still be required to
to donks/
watera welle service, ands ItpisrfeasiblerhetwouldnW septic
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March 23, 1988
Page 12
Patching or overlay of streets. he would not be required to
put down the base and pavement to actually construct a new
street along his perimeter.
Chairman said that the question is "Mho's right?"., the policy
proposed in the Denton Development Plan to go with the one-half
mile outside the existing and proposed Loop 288, or to support
the 8,000 feet that the Council has asked for.
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Ms. Brock said that there is no direct conflict, there is a
potential conflict.
Chairman commented tlat as Mr. Robbins pointed out, this could
be detrimental fiscally to the City if someone developed inside
the half rile vs the 8,000 feet.
Mr. Clark said that the exemption only applies to perimeter
street paving.
Ms. Brock asked if it Were possible that this ordinance, as
written, would encourage developers to Ro outside the 8,000
foot limit rather then developing in the area; that the Devel-
op Plan wants to encourage coapact growth. Mr. Robbins
said there is some degree, but staff did not think it is very
great. He said that staff is finding that the d e,,ree of the
amount of help that the city would give outside the 8,000 foot
lit, is not significant because it excludes a major develop-
went, as . major development would need city water.
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Ms. Carson stated that staff has not experienced a great deal
of growth outside the 8,000 foot line. She said that every
time a do felopment extends the utility line, that extends the
8,000 feet, end makes it further away for them to have to go
to develop outside the 8,000 foot line.
Chairman stated he realized that this ordinance should be
acted on quickly but he has concerns about Lrcing develop-
ment outside the 8,000 foot line and thinks that is a question
that should be addressed farther. He suggested that since
there are still other items on the agenda, the ordinance
should be tabled and rescheduled as a work session for the
next meeting.
Mr. Clark asked that it be put an the agenda as a considers
tion item again so that if questions are resolved, the Com-
mission could make a recommendation. He advised that there
are still two developers who are waiting for regulations to
be approved.
Ms. Brock suggested continuing with the discussion at this
time. Chairaan suggested having ■ special called meeting to
consider subdivision regulations only. Dates were discussed
but no agreement was reached. Chairman repeated that his
concern is people waiting in the audience for their item to
be considered.
Chairman Claiborne wowed to tebte ordinance to April 13 meeting
as a consideration item. Seconded by Ms. Riker and unanimously
carried (7-0).
Y. DIRECTOR'S REPORT
A. STATUS OF REftUEST FOR INTENSITY CHANGE from low to moderate
inleni3ly on propeti"y located betweenltlghway 77, 8onnle
brae Street, and Riney Road.
Mr. Robbins said that the proponents have withdrawn, at
this time, from their aoderate intensity application.
They will probably proceed with ■ zoning application.
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DATL: 06/21/88
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E CITY COUNCIL REPORT FORMAT
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T0: Mayor and Members of the City Council
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E FROM: Lloyd D. Harrell, City Manager
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SUBJECT: DENTON TREE PRESERVATION AND LANDSCAPE ORDINANCE
RECOMMENDATION:
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Adopt the amended draft as recommended by the Planning and Zoning
Commission on June 8, 1988 by a. vote of 6-0.
SUMMARY:
Protects trees larger than 10 inches in diameter by requiring
permits for their removal in many circumstances.
Provides landscaping and screening standards for multi-family
and non-residential development.
Incorporates less strict landscape standards for manufacturing
and distribution/warehouse uses that are not adjacent to an r
arterial street.
Makes the tree preservation section effective immediately and
the landscaping sections effective in 90 days.
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BACKGROUND:
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The Beautification Task Force recommended adopting an ordinance.
Council directed that a draft be prepared. Builders and developers were
consulted and participated in drafting prior to the Commission's initial
recommendation. Following concerns by the Economic Development Advisory
Board, members of that Board and the Beautification Task Force prepared
amended provisions for manufacturing and distribution uses. The Commis-
sion recoimends those amended provisions.
PROGRAMS t DEPARTMENTS OR GROUPS AFFECTED:
The development approval process will include standards for tree
protection and landscaping, The Planning, Building Inspection, and
Engineering departments participate in review.
FISCAL IMPACT:
The marginal additional review time required of staff will not create
the need for additional staff. Additional permit or review fees will
be determined during the time between the landscaping ordinance's
passage and its effective date.
*ct y submit e
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P; p ared By' r
Fr n M, Robbin!/a
Executive Director for
Planning and Development
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2370L 2. C.
NO.
! AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A NEW APPENDIX
C. TO THE CODE OF ORDINANCES TO PROVIDE FOR TREE PRESERVATION,
LANDSCAPE, AND SCREENING REQUIREMENTS AND REGULATIONS; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT
OF FIVE HUNDRED DOLLARS ($500.00) FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
j THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Code of Ordinances of the City of
Dentonexas, is amended by adopting a new Appendix C to read as
follows:
APPENDIX C
E TREE PRESERVATION, LANDSCAPE, AND
SCREENING REQUIREMENTS AND REGULATIONS
ARTICLE I. GENERAL PROVISIONS
100. Purpose.
101. Short Title.
102. Definitions.
103. Illustrations.
104. Appeals.
105. Fees.
ARTICLE II. TREE PRESERVATION REGULATIONS
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200. Permit for Removal of Protected Trees; Exceptions.
201. Permit Requirements and Procedures.
1 202. Capital Improvement Projects.
ARTICLE III. LANDSCAPING, TREE,
AND SCREENING REQUIREMENTS
300, Properties Subject to Requirements; Exceptions.
301. Landscape Requirements for Street Yards.
302. Tree Requirements for Street Yards.
303. Landscape Requirements for Parking Lots.
304. Screening of Parking Lots.
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305. Screening of Abutting Residential Uses.
306. Screening of Waste Storage Containers.
307. Landscaping and Use of Public Parkways and Easements.
308. Traffic Barriers.
309. View Obstructions.
310. Determination, Review, and Approval Procedures.
311. Compliance Requirements.
312. Maintenance Requirements.
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ARTICLE I. GENERAL PROVISIONS
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100. Purpose.
The purpose of this ordinance is to provide for the
preservation of native trees within the City of Denton, to
prevent the clear cutting of land, and to provide for minimum
landscaping and screening requirements, in recognition that
trees, landscaping, and screening protect the health and welfare
of the community by serving one of more of the following purposes:
a. Providing for the preservation of larger native trees
which provide a valuable amenity to the urban environment, and
that once destroyed, can only be replaced after generations.
b. Providing for shade, windbreaks, and the cooling of air,
thereby reducing the requirements for air conditioning and
heating and the utilization of scarce energy sources.
c. Providing for the screening and buffering of residential
areas from the noise, glare, and visual effects of nonresidential
uses and generally providing breaks from the monotony of
urbanized development on the land.
d. Providing for open space, reducing the effects of soil
erosion, the conservation of water, an4 providing for more
efficient drainage of land, thereby reducing the need for
additional drainage facilities. -
101. Short Title.
This Appendix C shall be known and may be cited as the Denton
Landscape Code.
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2. Definitions.
The lowin the meanings resp ti ely asscused
shall have
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to them, Appendix
follows:
Code shall mean Appendix C, the Denton Landscape Ordinance.
Department shall mean the Building Offi:ial or his designated
agents, or the department, division, or personnel otherwise
designated by the City Manager to administer or enforce any or
all of the provisions of this Code.
Distribution/Warehousing Use shall mean the primary use of
f property or an ng commercial freight, with or without
maintenance facilities, where goods are delivered and transferred `
from a truck or other form of transportation to a temporary
storage area or to other trucks or other forms of transportation
for commercial distribution. Distribution/warehousing use shall
not include the use of property for the rental of storage apace
to individuals for household goods or other materials for long
term storage, commonly known as "mini-warehouses.
Dri line shall mean the periphery of the area underneath a
tree w c would be encompassed by the perpendicular lined
dropped from the outermost edges of the crown of the tree.
Grass shall mean any of numerous grass specious that will
attain a thick green cover of turf over the available soil area.
Ground Cover shall mean any woody or herbaceous plant that
eff9et ve y a a es out sod and that will not generally reach a
height of over two feet (21).
Lendsca red Area shall mean an area within the boundaries of
propert ea w c s devoted to and consists of treea, plant
material, water forms, and any planters, brick, atone water
forms, aggregate and other features used primarily for
landscaping purposes, but not including the use of smooth
concrete or asphalt.
Manufacturin Use shall mean a use of property for the
mechan ce or c em ca transformation of materials or substances
into new products.
Nonresidential Use shall mean any use of property other than
for a or two am y dwelling, as defined by Appendix B-Zoning
ci the Code of Ordinances.
Parkin lot shall mean a parking lot as defined by the Denton
Development Me.
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he area lying between the street
Yarkwa shall mean t public street, which is not an alley,
right-o -way line of any P treetor if there is no curb line, the
the
and the curb line of the s,
shoulder of the street, or if there is no shoulder or curb,
e of the pavement of such street.
traveled edg plan required to be
Plan shall mean the Landscape Site
subm tted and approved in accordance with Article III of this
Code. shrubs, vines,
Plant Materials shall mean living trees, and
grass, flowering annuals, biennials,
noun covers and
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perennials.
Plant List shall mean the list of plant materials maintained
by t e ar s and Recreation Departments shown in Attachment 2.
Protected Tree shall mean a li meaeurede twwhos elve intrunk is ches ~12a,~)
least ten nc es 101) in diameter,
above the ground.
shall mean the real property included within the
Pro ert approved and recorded in the plat recor
de tract or parcel of land as
boundaries of any lot or an unplat n d
Denton County,
; •yi described and recorded in the Real Property Records of Denton
County, 'texas.
protected trees, shall mean the
Removal as applied to , or any or
uproo r severing of the reasonably be exthe pectedeto cause the
other act which causes or may
tree to die.
Shrub shall mean a woody perennial plant d'.9tinguished from a
ere its persistent ,t woody stem a.,: from a tree by
re herb by een feet (15) and having
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mature height of less than fiE no
distinctive elevated crown of foliage.
line,
Street Yard shall me line and etheffront twallcbuilding between
the street rS.t-of-waY rovieions of Article III.
determined in accordance with the P y lent which usually
Tree shall mean a self-supported wood p
produces one main trunk s. and a more or less distinct and elevated
head with many branthu which
Vine shall mean a woody or herbaceous plant of the type
twining or which normally requires external support
may climb by
to reach its mature form.
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103. Illustrations.
The illustrations attached to this Code, designated as
Attachment 1 (Illustrations No. 1 through Illustration No. 10),
are adopted as part of this Code. The illustrations are intended
to show in pictorial form, the requirements of this Code. When
necessary, the adopted Illustrations shall also be used in
conjunction with the written text to interpret or apply any
provision or requirement of this Code.
104. Appeals.
j Any person aggrieved by the application or interpretation of
any provision of this Code, including the denial of any certifi-
cate or permit required herein, may appeal the application,
interpretation, or decision to the Planning and Zoning Commission,
by filing a written notice of such appeal with the Department
within ten (10) days of the action complained of. The Planning
and Zoning Commission shall affirm, uphold, or modify the applies-
tion interpretation, or decision appealed from, based upon the
itsvdecision shall Cbee'redas it u 'reduced dtomwriti g Tort be readreason
into the
minutes of the Commission.
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105. Fees.
h The City Council may adopt a fee or fees, in the amount to be
established
by ordinance, dins
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to a
drain
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of this Code. stet and enforce the provisions
ARTICLE II.
TREE PRESERVATION REGULATIONS
200. Permit for Removal of Protected Trees, Exceptions.
No person shall remove or cause the removal of any protected tree
from any property within the City of Denton without first
securing a permit from the Department, except as follows:
a. The protected tree to be removed is approved in
accordance with the required Landscape Site Plan as provided for
in Article III of this Code.
b. The ` is located aronecordtwtree is o-family odwelling forp which uao final c plat there
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replat has been approved and recorded in the plat records of
Denton County, Texas. `
c. The protected tree is located within a street right-of-way
or a utility easement required as part of an approved final plat.
d, The protected tree is located on property which, on the
effective date of rhis Code, is being lawfully used primarily for
the business of mining or extracting natural resources, such as
sand, gravel, clay, or stone.
o. The protected tree has sustained damage in the form of a j
broken trunk, broken limbs, or uprooting, which creates an
immediate hazard to life or property, and the removal is effected
before the beginning of the fifth business day following the
occurrence of the damage. In any case where the City suffers
widespread storm damage, the Department may extend the time
period allowed for removal.
f. The protected tree is to be removed pursuant to
improvements constructed under the City's approved Capital
Improvement Plan, provided the removal has been approved in
accordance with this article.
S. The protected tree is to be removed in order to make
improvements to property in accordance with an application for
the building permit properly submitted prior to the effective
j date of this article and the improvements are to be made in
accordance with such permit issued.
201. Permit Requirements and Procedures.
a. Application Required. Any person required to obtain a
permit to remove any protected tree shall submit a completed
application to the Department, along with a site plan, in the
form and manner specified by the Department, containing the
following information:
1. The size of the property, the location of any existing
buildings, and the location of any proposed buildings
or improvements for which removal of a protected tree
is being requested.
2. The location and the diameter, measured twelve inches
(12") above ground level, of the protected tree to be
removed, and the reason why removal is necessary.
PAGE 6
3. Such other information, as specified by the Department,
as may be reasonably necessary to administer and
enforce the provisions of this article.
b. Issuance of Permits. A permit authorizing removal may
include one or more protected trees on any one property. Each
permit shall automatically expire within one year of the date of
issuance. The application for removal of a protected tree shall
only be granted, as determined by the Department, in accordance
with the following:
1. Tree Conditions. The application is for removal of a
protected tree which is dying or so severely diseased
or damaged that its restoration to sound condition is
not practicable; its disease can be expected to be
transmitted to other trees and to endanger their health;
it is a hazard to life or property which cannot be rea-
sonably mitigated without removal; or removal is neces-
sary to insure the survival of other protected trees.
2. Trees Not Within Street Yards. Where the application
is or remove o a protecte tree on property used or
to be used for multi-family or nonresidential use and
the tree preservation and Landscape Site Flan require-
ments of Article III do not apply, the application
shall be granted if the protected tree is not located
within the existing street yard, as determined in
accordance with this Code.
3. Trees Not Within Front Side and Rear Yards. Where
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s or remova o a protected tree
the application
located on property zoned for one or two-family
dwelling use and for which a final plat or replat has
been approved, but on which no dwelling exists, the
application shall be granted if the protected tree is
not located within any front, side, or rear yard, as
shown on the required site plan.
4. Construction, Repairs,_ or _Improvements on Property.
Were the provisions o paragrap ma -2015, 1, or
not apply, and the application for removal of a pro-
tected tree is requested in order to undertake any
construction, repairs, or make any improvements to any
property, the Department shall grant the application
for removal if it determines, after review of the plsns
for the proposed repairs, construction, or improvements,
that reasonable efforts have been made to avoid removal
of the protected tree. In making its determination of
whether reasonable efforts have been made, the Depart-
ment shall consider the following:
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(a) The feasibility of using alternative repair or
construction methods or techniques;
(b) The feasibility of rerouting or relocation of
sewer, water, electric, gas lines or equipment,
drainage facilities, sidewalks, driveways, or other
utilities, equipment, or improvements required or
needed to serve any building or use lccated or to
be locates; on the property or other property.
Where strict compliance with the design standards,
requirements, or regulations or Appendix A would
prevent the rerouting or relocation of the
improvements, the Department may, upon approval of !
the Development Review Committee, allow a
modification of the standard, requirement, or
regulation to allow preservation of the protected
tree so long as there would be no substantial
1 adverse effect from such modification; and
(c) The additional cost, if any, that would be incurred
aq a consequence of insuring preservation of the
f protected tree.
} 202. Capital Improvement Projects.
All City capital improvement projects shall be designed and
constructed so as to preserve protected trees to the degree that
is reasonably f If the proposed project would result in
the removal of peones
protected tree, the department responsible for
the project shall, at or prior to the final design of the project,
submit to the Planning and 2oninb Commission information as to
what protected treat would be removed as a result of the project.
If the Commission determines that the proposed project would
unnecessarily cause the removal of any protected tree, the infor-
mation submitted to the Commission, along with the Commission's
recommendation thereon, shall be submitted to the City Council
for its approval,
ARTICLE III.
LANDSCAPING, TREE, AND SCREENING
REQUIREMENTS
300. Properties Subject to Requirements; Exceptions.
After the effective dcte of this Code, all properties for
which a building or parking lot permit is required to make any
improvements to any property used or to be used for multi-family
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or nonresidential use, shall comply with the requirements of this
article, unless it meets one of the following exceptions:
a. The building permit issued is for the repair or restora-
t'.on of a building to its prior condition within twelve months of
the date it was damaged or destroyed by fire, explosion, wind,
flood, tornado, or other accident or weather phenomena.
b. The building permit issued is for the purpose of
remodeling or expanding an existing building or the construction
of one or more additional buildings which does not result in the
placement of any front wall building line into the existing
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street yard.
c. The building permit issued is for a building located on
roporty zoned as a planned development district for which a
landscape plan was approved with a detailed plan prior to the
f effective date of this Code. Any request submitted for amendmbnt
of a detailed plan after the effective date of this Code which
would result in any change to the approved landscape plan, shall
require compliance with the provisions of this article.
d. An application for the building permit for property to
which this article applies, was properly submitted prior to the
effective date of this Code and the improvements are to be made
s in accordance with such permit issued.
301. Landscape Requirements for Street Yards.
a. Area Re uirement. The street yard shall contain a perma-
nently landscaped area of at least twenty percent (20x) of the
total area within the street yard (See Illustrations No. 1 and
2), except as follows:
1. Manufacturing and Distribution/Warehousing Uses. When
a building permit issued is for any building to be used
for a, manufacturing or distribution/warehousing use
located on property which does not have frontage upon
an arterial street, the street yard shall contain a
permanently landscaped area of at least ten percent
(10x) of the total area within the street yard.
2. Improvement of Existing Uses. When a building permit
issued is for the expansion of an existing building
into the existing front yard, or a parking ]nt permit
issued is for the construction of a new parkin, lot or
the expansion of an existing parking lot into the
existing street yard on property which has an existing
PAGE 9
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building or parking lot, the street yard shall contain
a permanently landscaped area which is at least equal
to the area calculated as follows:
The total area of the building or parking lot
to be located within the existing front yard
divided by the total area in the existing
street yard, And the result multiplied by
twenty percent (20%).
b. Credits.
1. Each square foot of permanently maintained permeable
area within the drip line of a protected tree located t
within the street yard shall count as 1.5 square feet
drip elinesd street yard
protected trees landscaped area.
be rcounted
once toward the required street yard landscaped areas.
2. All landscaping in the permanent parkway installed by
the applicant shall be credited toward the street yard
landscaping area requirements.
r~ c. Water Su 1 . Exterior water supply outlets, sufficient
in number an oration, shall be provided for maintenance of the
required trees and landscaped areas.
302. Tree Requirements for Street Yards.
f a. Number Required. The street yard of each lot shall contain
trees, o a m n mum of two inches (2in diameter, W;asured at
ground level, in the following ratios:
1. For street yards leas than 1100000 square feet, one
tree per 2,500 square feet, or fraction thereof, of
street yard.
2. For street yards equal to or over 110,000 square feet,
fifty (50) trees, plus one tree per 5,000 square feet,
or fraction thereof, of street yard.
b. Preservation of Protected Trees. The number of trees
required in`trse street yar s a e met, whenever possible, by
the preservation of existing protected trees, if any, located
within the street yard. Where parking lots are to be constructed
to serve any development, the davelopr,ent shall be designed where
possible, so as to avaid locating any parking lot, or portion
thereof, in a street yard if such locating would result in the
PAGE 10
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removal of any protected tree that is necessary to meet the
number of trees required for the street yard. The Landscape Site
Plan required by this article, which shows removal of any such
protected tree from the street yard, shall only be approved as
follows:
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1. The removal would leave sufficient number of other
protected trees within the street yard to meet the tree
requirements of this article; or
2. Where the protected tree to be removed would otherwise
be necessary to meet the number required for the street
yard, and removal is requested for the purpose of
constructing any sewer, water, electric, gas lines or
equipment, drainage facilities, sidewalks, driveways,
parking lots, or other utilities, facilities, or
t improvements within the street yard to serve the
property, the Department may approve the Plan, if it
determines reasonable efforts have been made to avoid
removal of the protected tree. In determining whether
reasonable efforts have been made, the Department shall
consider the following:
t ~
(a) The feasibility of rerouting or relocating any of
the improvements that requires the removal,
including the relocation of any parking lot, or
portion thereof, where sufficient land is
available; and
(b) The additional cost, if any, that would be incurred
in insuring preservation of the protected tree.
c. Tree Credits Any protected tree located within the
street yard an w ich is preserved as shown on the approved
Landscape Plan, shall count as two trees toward the number of
required trees, if it is healthy and without substantial damage
or defect.
d. Permeable Areas. So as to insure the viability of the
required" trees n t e street yard, a permeable area shah be
maintained around each tree. For protected treea, a permeable
area encompassing the area within the drip line of the tree shall
be maintained. For newly planted trees, the required permeable
area shall be in size as specified in e on
the size and species of tree planted. A "permt List, based
permeable area" shall
ll
mean an area that is not covered with asphalt or concrete or
other similar impervious material, except for landscaping
j materials as approved by the Department.
i
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303. Landscape Requirements for Parking Lots.
` a. Street Yard Parking Lots.
I 1. General. Any parking lot or portion thereof which is
constructed within a street yard and which is to
contain more than twenty (20) parking spaces, shall
provide permanently landscaped areas consisting of
islands, peninsulas, or medians within the interior of
the lot, which in total area are equal to or greater
than five percent (5%) of the total area of the parking
lot or portion thereof located within the street yard.
Manufacturing and Distribution/Warehousing Uses. For Ei
` roperties to be used for manufacturing and distri-
bution/warehousing uses, the landscaping area require-
ments for street yard parking lots shall be determined
by including only the total area within the parking
i ~ spaces, parking aisles, and travel lanes of the parking
3 lot which are designed for the exclusive use of
` customers or employees.
f! b. Other Parking Lots.
1. General. Any parking lot or portion thereof which is
constructed other than in a street yard and which has
more than twenty (20) pparkin is aces, shall provide
landscaped areas conai.sting o. islands, peninsulas or
medians equal to or beater than four percent (4X1 of
the total area of the parking lot.
2. Manufacturing and Distribution/Warehousing Uses. For
properties to be used for manufacturing and distri-
bution/warehousing uses, the landscaping area require-
ments for parking lots not locatt+d within the street
yard shall be determined by including only the total
I area within the parking spaces, arking aisles, and
travel lanes of the parking lot which are designed for
the exclusive use of customers or employees.
c. Credits. The required landscaped area for street yard
I parking- Tota provided for in this section shall be credited
toward the required street yard landscaping area requirements of
this article, except that the required street yard parking lot
landscaping for manufacturing and distribution/warehousing uses
that do not have frontage on an arterial street shall not be so
credited.
d. Distribution of Landscaped Areas. The required landscaped
areas or par ng ots shall e more or lees evenly distributed
PAGE 12
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throughout the parking lot, although adjustments may be approved
by the Department, where the shape or size of the parking lot,
the location of existing trees, or other natural constraints,
reasonably prevent such distribution.
304. Screening of Parking Lots.
a. Perimeter Re uirements. The perimeter of each parking
lot exclu ng r veways, wTi~ch fronts upon or is adjacent to a
pubic street, other than a public alley,
a visual screen of a minimum height of reeafeete rovided with
from the surface of the parking lot perimeter. measured E
F b. Screening Materials. The required visual screen shall
consist of one or more-oc'the following:
1. A
n earthen berm, with a slope not exceeding one foot in
hei
tained with g rase or ground coverd(IllustratonaNo. 3).
i 3).
2, A solid stone or masonry fence used in conjunction with
plant materials, as approved by the Department.
(Illustration No. 4)
3. Plants which are of a species specified in the Plant
List recommended for locai use and which would be
expected to provide a screen of the required height
within three years of planting. The plant material
must be located within a planting bed which is at least
five feet in width. The minimum plant material shall
include one tree at least two inches (2") in diameter,
measured twelve inches (12") above ground level,
selected from the approved plant list, for every fifty
(50) linear feet of street frontage, four (4) evergreen
shrubs per tree, and turf grasses. (Illustration No. S)
c. Credits. Where the requi
provide so e red perimeter screening is to be
My by plants, the required area of the planting bed
which is located within the street yard, shall be credited toward
the required landscaping area for the street yard, if any, except
that where property is used solely as a parking lot, no credit
shall be given for the screening requirements of this section.
305. Screening of Abutting Residential Uses.
a. Be uirements. In order to preserve and protect the use
and enjoyment of-existing residential uses, the owner of property
PACE 13
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to which this article applies, shall construct a screen of a
minimum of six feet (6') in height, measured from ground level,
along the entire property line of any abutting residential use, f
The required visual screen shall be of materials or plants as
provided for in the required screening for the perimeter of
parking lots, or a wood fence which is use2 in conjunction with f
plant materials, as approved by the Department.
b. Waivers and Modifications. The Planning and Zoning
Commission may, upon the wr tten request of any owner to which
this section applies, and after a public hearing for which
abutting residential occupants shall be given written notice
waive or modify in whole or in part the required screening if all
or part of the required screening is clearly not necessary to
protect or preserve the enjoyment and use of the abutting
residential property as currently used or designed to be used.
i
In making the determination, the Commission may consider the
compatibility of the uses of the abutting properties; the
distance and locations of the adjoining uses; the topography,
shape, size, or natural features o the adjoining properties; the
suitability of any alternative screening or buffering proposals;
and other similar factors.
306. Screening of Waste Storage Containers.
Any property to which this article applies, which will make
'Me of any commercial or industrial waste storage containers for
tae disposal and removal of garbage or trash on the property, and
which are visible from a public or private street, stall con-
struct, and thereafter maintain, a permanent screen of a minimum
height of six feet (6') on three (3) sides of the waste container.
The required screen shell consist of a wood, stone, or masonry
fence, or shrubs that will reach the required height within three
(3) years of planting, or a combination thereof.
307. Landscaping and Use of Public Parkways and Easements.
The following regulations shall apply to all public parkways
and public easements on or abutting any property to which this
article applies.
a. The owner of property abutting upon parkway shall landscape
and maintain the abutting parkway with grass or ground cover or a
combination thereof. Parkways or public easements may be planted
with trees and shrubs if:
PACE 14
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1. They are not located to as to interfere with the use,
maintenance, or repair, of any natural or man-made
drainage facilities, public water or sewer lines, or
other public utilities or facilities;
2. They are not located within five feet (5') of an
electrical utility pole and will not reach a mature
height which will pass within eight feet (8') of an
electric transmission or distribution line; and
3. They are not located so as to create a view obstruction
for vehicular traffic in violation of any City
ordinance.
b. All landscaping in the permanent parkway shall be credited
1 toward the street yard landscaping requirements.
r
c. No sprinkler or lighting system, planters, dividers,
fences, decorative columns, fixtures, equipment, or similar
materials, used as or for the maintenance of landscaped parkways,
shall be placed within any parkway or public easement abutting a
public street under the control of the City, except upon written
1 agreement between the City and the property owner abutting the
-.J parkway.
308. Traffic Harriers.
All landscaped areas, including the permeable areas and drip
lines around trees and planting beds used for visual screens,
which abut any parking lot or vehicular travel area shall be pro'
tectod with curbs, parking blocks, or similar barriers sufficient
to protect them from vehicular intrusion.
309. View Obstructions.
All landscaping, trees, screening devices required by this
article shall be constructed, installed and maintained so as not
to obstruct the view of motorists between the street and the
access drives and parking aisles near the street yard entribs and
exits, nor shall any landscapin which creates an obstruction of
view be located in the radius or any curb return.
310. Determination, Review, and Approval Procedures.
The following provisions and procedures shall apply to the
determination, review, and approval of the requirements of this
article.
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a. Determination of Street Yard. For purposes of applying
u cement o t is Code relating to street
any prov c on or req
yards, the toveet yard shall be determined in accordance with the
following p
:rest shall
1. The "front wall building linline e" of along the frontabuilding
the
be determined by drawing
wall of each building on the lot
and wherecithere is omoregthan
street right-of-way line; b extending the line in a
one building on n the lot, Y of each straight line belinee of u each sbuilding;s and then
`
front building wall
extending the line from the outermost corners of the
front building wall line of each bull lintoo the buildings
street
lot lines, searalle
nearest the side
right-of-way lines to the side lot lines of the
property. (Illustration No. 6)
2. The line shall not include porches
wont wall building
' and steps, and those portions of any sign, roof, window
and other pr e from the front
building wall, building
located sat
which extend beyond
ground level.
determining
be us 3. The street arhdsh;lly beinthe oright of-way line along
the street y away Where any
all public streets that are riv not teastreets the street
property is approved with e p
the
e
l curb fronting line f thereon the private street as determined
d of each
Wuai g
right-of-way line. 4. The street yard shall apply to each separately platted
lot, or each portion of each lot which is leased for a
business contained in a separate building.
S. Where property is developed with more than one building,
such that one or more smaller isolateliebuildings are and one or
placed between the street right-of-way arty
more other buildi I located on
be ndatermined by thee fronrot-ja1{
the street yar
building lin draw along the front wall of the
building or allil ggn facingw the ahave treathrighttoE way r lines
of front w
(see illustration No. 7)
6. Where a property is used solely as a commercial or
private parking lot, the street yard shall include the
whole property.
PAGE 16
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7, Where any property on one lot is to be developed to brm set
phases, so that only a ortion of the gat e lotse E rtr tthe
yard is to be used such as p
current phase), the Department mdevelcpedor I
street yard to the area being currently
used,
determining d the within tree the street
8 y calculating
purposes the of area con
a ea occupied
yard for requirements of this article, the area,
capiag b buildings shall not be counted as the area within
the street yard.
b. Common or Phased Development. When any property is deve-
loped in p axes, or a a common o0 0o r unified developme=he iteg31rc8
more than one platted lot, the Department may apply all
mente of this article to each phase of the dgh they Were ooneolots
i the lots being developed in common asBBh isrnably necessary
n
or otherwise apply the requirements,
to carry out the purpose and intent of this article.
~ ro arty
j c. Candace ep Site Plan elssp 11 submitnar LandscapingpSite uired. The to whicT tTiEs-article app r
specified
Dent
in the suancefofineabuilding rpermit for ior to an
Plan ("Plan") to then ep artmthesis
the Department, p rior to the issuance of a
any buildingg on the pttyEor oany parking of to which this
as
parking lot/drivexay perm
article applies. The Plan shall contain sufficient detail,
specified by the Department, to show the following:
1. The location of all existing or proposed buildings
which define the street yard, and the square footage
included within the defined street yard-
2. How the tree requirements for the streetyard a eofoa be
at, including the number, size,
a arated the treat
ich bare to ebe locremovedwithino and t ose 6which
protected ire wh
yards will those remain. pp
3. How the requirements of landscaping of twenty in arcent
(20X) of the street yard are to be met, 8
o be on andsize of all areas permanently landscaped. in the street yard that
locati
ar
4. When the applyinternal
r the requir ment ofe perimeters screening iof
lots parking lots applies, the size and location of the
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parking lot, the number of parking spaces, and how the
requirements for screening are to be met.
5. When the property is required to provide screening for
abutting residenLial uses, h: the requirements are to F
be mat. j
b. When the property is required to provide screening for
waste storage containers to be used on the property,
how the requirements are to be met.
7. Such other information, as specified by the Department,
as may be reasonably necessary to administer and {
enforce the provisions of this article.
d. Review and A roval of Plan. When properly submitted, the
Department s a sen the an to the Development Review Committee
for its review and approval. The Committee shall return the Plan
to the Department noting thereon its approvel or disapproval. If
disapproved, the Committee shall specify the reasons why the Plan
l does not comply with the provisions of this article.
e. Alternative Plan A roval. Upon the request of any owner
of property to which this article applies, the Planning and
Zoning Commission may approve an alternative Plan which is not in
strict compliance with the requirements of this article, if the
Commission finds that such alternative Plan meets the purpose and
intent of the requirements of this article and the alternative
Landscape Plan is clearly superior to a Plan that would be in
strict compliance with this article. In making the determination,
the Commission may consider the topography, shape, size, or other
natural features of the property; the suitability of any alter-
nati-a screening or buffering proposals; and other similar
factors.
f. Conflicts with City Development Standards. In any case
where comp ance With the design stan.,ar s , requirements, or
regulations of Appendix A would result in a condition that would
require removal of a protected tree, the Development Review
Committee may allow a modification of the standard requirement,
or regulation to allow preservation of the protecteJ tree so long
as there would be no substantial adverse effect from such
modification.
g. Amendment of Plan. No owner of property to which the
provisions o t He art c ei applies and for which s Plan has been
approved for the property, shall allow or cause any construction
or improvetsents to be made on the property which would result in
the property not 'ieing in compliance with the approved Plan after
PAGE 18
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the construction or improvements are completed, unless and until
an application for amendment of the approved Plan is submitted
and approved in accordance with the provisions applicable to
initial Plans. No application for an amended Plan that does not
comply with the requirements of this article shall be approved.
311. Compliance Requirements.
a. Compliance with Plan end Re pip ments. When the Plan has
been approve , it shall rata ne
b on a with the Department.
No Certificate of Occupancy shall be issued for any building until
and unless the tree, landscaping, and screening requirements, as
shown on the approved Plan, and other requirements of this j
article not required to be shown on the approved plan, are met.
Where the provisions o: this article apply to the construction or
expansion of a parking lot on property where no construction or
modifications of any buildings occurs that would require the
issuance of a Certificate of Occupancy, the owner of the property
on which the parking lot was constructed shall not make use or
allow the use of the parking lot until all requirements of this
article are met.
b. Plant Materials. Any plant materials used to meet the
landscape requ cements of this article shall be of the species
contained on the ?last List. The Parka and Recreation Depart-
ment, however, may approve the use of other plant materials not
shown on the Plant List if it is satisfied that they are suitable
for the climate and conditions of this area. Required landscepAd
arose may make use of brick, atone, aggregate or other inorganic
material, if not predominate over the use of organic plant
material.
c. Extension of Time for Compliance, When, becauee of
adverse seasons con a one, camp ance with all or part of the
approved Plan would be impractical the Department may issue one
or more temporary Certificates of Occupancy, not to exceed a
total of 180 days, to allow compliance with the Plan.
II~ 312. Naintenance Requirements.
a. After complying with the requirements of this article, the
owner and each successive owner of the property to which this
article applies, shall maintain the required trees, landscaped
areas, ar screening devices in good condition, and shall
otherwise maintain the property so as to comply with any other
requirement of this article.
i
PACE 19
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fails to b, Where any owner of property to which this article applies,
screening devicesly or maintain the maintain the property r so as ltodcomplygwith
any requirement of this article, the Department may issue a
written notice and order to the owner requiring the owner to
replace any dead or dying trees or landscape plant materials that
were required by the Plan or this article; repair or replace any
man-made acreenin fence required by this article which is
destroyed, remove4 or becomes dilapidated or in disrepair; or
require an other action otherwise necessary to abate or correct
any condition to meet the requirements of this article.
c. Within ninety days of issuance of the notice and order,
the owner shall comply therewith. The Department may grant an
` extension of time beyond the required ninety day period for the
replacement of required plant material, where seasonal or adverse
weather condi.tions, make replanting or replacement within such
period of time impractical.
' E
SECTION II. That if any section, subsection, paragraph,
sentence, cause, phrase or word in this ordinance, or applica-
tion thereof to any person or circumstance is held invalid by any
court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remainin
invalidity, 8 portions despite any such
SECTION III. Any person who shall violate a provision of
this or nance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
under, shall be guilty of a misdemeanor punishable by a fine not
exceeding Five Hundred Dollars ($900.00), Each such person shall
be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such viola-
tions such person shall be punished within the limits above.
SECTION IV, That the provisions of Article I and ii of this
ordinance s a 1 become effective fourteen (14) days from the date
of passage of this ordinance; provided, however, that until the
provisions of Article III become effective as provided herein,
the provisions of Article II, 200 a., allowing the removal of a
protected tree without a permit in accordance with an approved
Landscape Site Plan shall not apply. The provisions of Article
III of this ordinance shall become effective ninety (90) days
from the date of the passage of this ordinance.
.j
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SECTION V. That the City Secretary is hereby directed to
' cause t e caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 1988.
I
RAY a
HAYM
9
ATTEST:
I
JENNIFER ,
APPROVED AS TO LEGAL FORMS
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
BY: ^ _ ,
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PAGE 21
ATTACHMENT 1
ILLUSTRATIONS
- A LM
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f I f j
j
elms YANK '
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ILLUSTRATION 11 ~IMWIRAW, LSN Strut Yard Area Requirement
AT WAST !M 0/ TWO ARIA OF IN • OSS? YAq SMALL N LAMMAMR
4
TrMOAL ILIYAf10N'
ILLUSTRATION 12
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Mil
YAINTA NISRIr►m "ADS OA 66041NO Q M6N11T6• AND
ILLUSTRATION i3
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601,13 6TON6 OS YASON6T Police. -
ILLUSTRATION #4
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r1• ~Ir y rl•~••
NT/N~NNNM NNA~~ IM PLANTING 6196
ILLUSTRATION is
i
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V
' DETERMINING STREET YAR-m
BACK LM
IL&I PANG
OFO
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wor~~m
ILLUSTRATION 16 0"m RAW. LC♦
J Mw LMT
rILAf~
M~
fIC~~ RAW. LAS
ILLUSTRATION #7
1
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V
DETERMINING STREET YARD
M
BAGS LIMB
9L 0. I+
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10
ILLUSTRATION 18 BTORIT COM. LIME
•to@ LIMB
K~~, BLS y
•
~ O•v~ ~ ' t.lrf, 1., ~ ,'r •,I' 1
OTRBBT N,G,W, LINE
ILLUSTRATION 09
i
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DETERMINING STREET YARD
ITNINT O.O.N. LINg j
OLM ? r KN
00
. NLN. i
&"NOT O.tt.r. LMT
ILLUSTRATION 110
1
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4
I
ATTAOKNT 2
PW(T LIST
v
TREE$
Range In
r Rana In Mature Roof Mlnlmun
l Mature Spread Area Madlan
fl 8ofan(ul Name cs) Cannon 4 kw WIMP*) All 1014"
Carys llllnoansis Paean 30-100 30-100 900 IS'
Cerels analeos16 war,
texensis (106) Tablas Redbud 15-40 12-30 144 12'
Chilopsis I(nearis (123) Ossert WI Ilow 10.20 6-12 )6
Cotlnus coggyrfe (100) Seake Tree 12-1a 10-12 100 10'
Dsclduoua Magnolia Magnolia soulanoeans
Ofeditsla trlaanthoa
Inarmis 180) Thornless lbneylocust 10.75 2540 625 12' y
M
Ilac wool Paris (41) Youpon Holly 5-25 6-15 36 b'
Japanese Maple Aar palmatum stropurpureum
Juniperus chlnensls (9) Chinese Juniper 10-30 10-20 100 10'
Juniperua sovularaa (18) Rocky W. Juniper is-30 6-12 36 6'
Junlperus virginians (16) Eastern Red Cedar 2040 10-30 100 10'
Laoerstrowls ladles (122) Crape I4yrtIa 6-20 5-10 25 S'
Meelura poolfers var.
'Park' (95) fruitless Dols d' Are 30-0 2540 625 12,
Photlnls serrulats (50) Chinas Photinla 10-20 8-15 64 at
Plnus eldarla (24) Afghan Pine 2549 15-30 225 10'
Pisteele ehlnensls (102) Chinese Plafacke 20 10 20-30 400 10'
Pepulus deltoldea 173) Cottonwood (Cottonless) 60.125 1040 900 15,
Possum how holly Ilex dec(dus
' Post oek Nuereus glaucoldaa
Prunus arulhre . 04) Purple Laefed Plum I5-25 4-12 100 !0'
Prunus Mulcana MsKlean Plum 15-25 10.15 100 4 10'
Pyrus alleryens (993 Bradford Pear 30-0 I5-35 225 10' j
Qveras fuaiforels (47) EwArpoant Live Oak 25-0 1560 22S 10' i
Otweus macreoarpe (90) bur Oak 90-73 30-75 900 15'
Ouercw shumardl1 (9)) Shourd Oak 60-100 3040 900 15,
Quereus takuMN Two Oak 25-10 20-30 400 10'
Rhus lanewlsta (159) Plaaleaf Sumer 10.15 9-10 29 54
Sapfndua drummond! (109) Soepberry 25-0 200 400 10'
5+ 0'a Llauldalar sfyraelflus
Taxodlum dlstlchum (69) kid Cypress 5-100 25-50 629 12'
Teas Maunteln laurel S*We seeundlflora
Taws W61"M Ofospyra #"ans
Taus red eak Qusr"s texana
Ulmus Crassifolle (77) Cedar Elm 40-73 30-50 900 IS'
U1mus parvifolls (77) Lacebark Elm 30-0 30-0 900 IS'
Wltaw agnaseeatus (141) yltew 5-15 5-10 25 54
a Pace nunder from "Treat Shrubs, Wines and Oroandcevers for North Central Take" by M. L. Baker,
Taus Agricultural Eatensloo Service, Texas AM Uni w slty Systems Aprl1 19074
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Attachment 2
E Plant List
Pape 2
i
1 1 Groundeowrs and Y!nas
Asian Jasmine - Tracholospa, u aslatlewn
Carolina Jassaelw - Gelsemiua sarrpervlrens
Coral honeysuckle - Lonlcera Sanparvirens
V } English Ivy - Hectare flallx
fl Lady Soksla - Rosa bankslw
y Monde grass - 0plI open Japonicas
lbnkay grass - Llriope, musari
Purple honeysuckle, - Looleare Japonlea ehlmsls
Purple, vlatereresper - Euonymous colora%s
so" - many IpecIas
' Virginia cream - Parthenoclssus quinquefollo
~ALIIQ!
Barborry - Berberls atropurpura
t ' Burford holly - Ilex oornvta burfordl
Ch xa - clews Japonica
v i Cc aster - Cotommester 01auoophyIIa
? N, r Buford hotly - Ile somata burfordl Rana
} Dwarf Chinese holly -Ilex cornuta rotunda
! Dwarf Ysupon holly - Ilea vomitorla nine
Dwarf crape, myrtle - L.egerstrcusla lodlea
Bwrf nendlna - Nandlne &mas+la flans
Indian hawliI - Raphlolepsls India
Juniper - many $pael«
L "werlaf metwis - mahonla bealel
oorpac
Nsndlna - Mandlne, dsiaatiu to
JIM IIs It. Stevens Hot IV - Itax Not IIf R. Stevens
Photlnla - Ftsoflnla trawl
Red yvoca - Helpers 100 pervIflore
Santolins - Chawtaeyparlssus sect vireos
S i I wrbar ry - E I aagna
Softiaf Yuoa - III pen4u14
Tawas saps - Le,uoophyIIua frufesoans ooapaeta
y
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j IfIL inures H A Il.
Jut b, lybb +l~{"
T
Page 4 i
V. Consider proposed Landscape/1'ree Preservation Ordinance
Amendments
Mr. Robbins stated that staff recommends changes in the
requirements for Manufacturing/harehousing Uses to reduce
{ the street yard landscaping from 20 percent to 10 percent:
3U1. Landscape Requiren.ents for Street Yards
"a. Area Re uirement. The street yard shall contain
a permanent y an soaped area of at least ten percent
(lUQ of the total area within the street yard.......
tie added that parking lot credit would not be given, with
section 3030 a, 1, changing as:
. v
"c, Credits. The required landscaped area for street
r i yyard pang lots provided for in this section shall
be credited toward the required street yard landscaping
area requirements of this article, except that required
street yard parking lot landscaping for manufacturing E
and distribution/warehousing uses that do not have
frontage on an arterial street shall not be so credited." h
Mr. Robbins stated that another revision proposed is the
effective date of the ordinance:
1. Tree Preservation - effective immediately
2. Landscaping - effective in 90 days
Mr. Holt asked when the proposed ordinance would be going
to the City Council. Mr. Robbins said June 21, 1956.
i
Bill Holt, representing the Economic Development Advisory
Board for the Chamber of Commerce, said that he visited
with the reautification Task Force; he and the '[ask Force
are satisfied with the ordinance as revised.
r Mr. Glasscock moved to recommend approvsl of the proposed
Landscape/Tree Preservation Ordinance amendments. Seconded
by Mr. Holt and unanimously carried (6.0).
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May 18, 1986
Page 8
61r. Allison stated that they received 1 henithetdeeartmAll entbids
are priced by each unit individually. P
estimates the cost, they also include insutanceI surveyors,
added
that thtyr did a bid b for t+ n n6"o linegat cSIS.00 N~ Per Allison foot-
thfps. Gamble asked why they would repair the streets when they
would need to be torn back up again to install the lines.
Mr. Allison said they would not tear up tae road, instead
they would put the lines on the sides of the streets,
chairman Claiborne asked for a vote on the notion to approve
the utilities portion of the CIP, motion urrie: (e•0).
I11. CON'S ASNG A RSCOlIP1LNGATION ON APPENDIX C-TREE
ANV
M REGULATLUNb of the Code o r dances o t e ty V,
anion, exas.
RLPCRT: Mr. t out that in an asterik by each area that was recommended to be atended. E
nrdlnance,
Mr. Robbins 1, sub-sub-parograph t c the strevised atiOg'
sub
I
j 201. Permit Requirements and Procedures.
I "(c) The additional cast if any, that would trees"
cursed insuring preservation of the protect '
Mr. f that Mr
buildingloffici+SlwouldomaketinsissuingsA
o
permit.
Mr. Morris said that the original draft of the provision set a
up that wouldn't require an miternative routing or construction
eethod if it would increase the cost of construction by nose than
3f percent.
He advised the Commission that if they were going to consider
the provision, then the cost cap shaild also be considered.
For example, somebody has s choice of putting a water/sewer
line in a particular location and it would require the removal
of a protected tree. The line could be physically located
almost anywhere if they would be willing to spend enough money.
He continued that there is a provision that sates the depart*
ment Hensaidrthat relocatingsthteo whatsextent rstaff
wind innoLder the cost and the l ordinance. should be consis•
tency administration of
int siJoy beetoretimportintythanasubup+ragr&phpI. 2Sub- aragraphs-
2 and 3 statedl
is cr, the h some0 lot. of another
11(2) A protected tree protected that tree is
p
(3) A protected tree to oe removed is not within 30 feet
of another protected tree which 1s on the same lot as the
tree to be (Attachment removed d least tree listed in the dieter approved is final
a on the lot in the vicinity of the removed tree."
Mr. Morris stated that he was not sure if sub paragraph 1 dbeling
with construction costs was a significant feature it you include
sub•ptragrophs 2 and 3.
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p6Z Minutes
May lb, 1988
Page 9
Mr. Morris indicated th;t otecteattreepcan2banremove e so long
situations ver most
beca iuse any
s willing to plant another tree for replacemen
as the perso n
of the one that was removed.
Mr. Morris gave On explanation on why the proposed ordinance was
set up the way it was. The purpose of the section was to allow
consideration of conditions that may arise during construction
and to protect existing trees unless the alternative route or
location is too costly. h
aed
Mr. Robben7 anddadde subms11 uision may bsp+r+Sr+Phadttoostatet"Thebpreaor rtae pcrrto-
S ee fPs6 within 30 feet measured trunk to tr
teatt ted tree that is on unk of anoth
ts the same lot."
Mr. Morris stated that the section is saying that the only
allowance to remove a tstee is or ubsubfpar+graplildtitnwouldoallownly
E said that by adding !
He
removal of a tree whether for construction reasons or other
reasons.
t,Cooper slttwastintended tasbeoa conditionttondetermined-hoc
whether or not a tree needed to be replaced due to construction.
. Morris said that the article begins with a provision that
Mr t
no person shall remove a tree without first securing + Permit
unless removal is in atecroance with the required and app
Landscape Site Plan. Article Ill discusses the requirements
of treesg for d evel pa, athe nt.laThisnsectfon was intended
of someone removaI n
{ re catth the people who are clear cutting property.
i
as need in Ms. Brock asked what ssiond%anted order worded t ordinance
Mt Morris
in the way that the Comml st+ff would make i
said that the legal department and the planning
changes that the Commission wanted.
a
aehto treejforgallowableremoval t of treeeot
dlstanceifroma said
asked if he bad understood right and that the Commission
Mwe anted the removal of sub-sub paragraphs 2 and 3.
Mt, Glasscock left the meeting.
Mr. Bolt said that he felt that sub-sub paragraphs 2 and 3
should be removed. Ms. Brock agreed.
stoc moved to remove e proposed ordin+nca.slSecondedrbyrMs, Colenand un+nlmously
Ms. h
of the p P
carried (5.0). Itht Ms. oroof theeadehoncommitteeiwho wasfaadevelopernfel
memb tathan
e portent for the construction cost was too high, The ad-hoc
30 pe
t committee felt that it would be better If there was no limit'
Ms. Brock added that there were too many variables to put the
ercentage cap on it, Mt. holt agreed.
p
Mr. Claiborne ggave one alternative as to setting o percent
or a dollar value. Ms. Brock $tate4 that it All. t work then.
Mr, floor said there would be Wore problems if a dollar amount
was set.
Cooper stated OF be feet that a value could theccost
recompa
M the tree could
a r. tree. The cost of n
reroute the othersrmayfcost ESr0uoc6eoo0ave a value of up to
to while
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May 16, 1968
page 10
off theotreeswhentlooking atathesincreased. percentiofrconstruct
Lion value as well. lie added that if a tree is removed It
should be replaced with a tree its site sire or greater.
ae
Ms. Carson
of guideline becauseewistaff thout saoguideline otheeprocedure
could vary significantly from siturcenttmaylbeamore feShe sa id
that a possible range from 10-30 p
Ms. Frock asked if the writing could be left the way it is.
};r. Morris said that there has to be sufficientl=ritteeria to
guide staff to administer the permit proce
leaves too much discretion and the same rules should be fol.
lowed in all cases.
Mr, Claiborne asked why most water and sewer lines are placed
in ar61, ht It n east espenstr meAll thodn stated that it was because it
was the l
Mr. I and selaweibrolrneilieasske14dtwhat the
tional $1-S.00 per linear foot. f
rcblems would arise in the lines lit they
i Mr. Kanman asked if p
i were curved, s,r. Allison said that it would not as long as the
curve was not sharp.
k Mr. Claiborne asked if would be harder to clean the lines out
I if they were curved. Mr. Allison said Chet it would not be
I difficult unless it had a 90 degree bend.
omman Stated that he di not ont to rush into a chge.
14t, 9; I
Mr. Morris stated that staffdcouldwalways come back withathe
` alternatives.
Mr. Molt moved to accept sub-paregraph d as revised on Pay 12,
1986. Seconded by Ms. Brock.
latan that h agreed. it would not be solving the
alternatives need to be looked at closely
Mr. Morris said that
before a decision is made.
Mr. Claiborne asked for a vote 'ntd as motion. hot ion cate6.
tied (3-2) to acceppt sub -pgrDh revised In draft
Mr. Claiborne and Mr, Kanman voted no due to the discrepancies
in the wording.
Mr. Robbins referred to page 6 under section 301. - Tree
Requirements In Required Landscape Area. 2,SGU
'.r. Robbins said that one tree would be required for every
square feet, or traction thereof in the landscape area.
of e consisted of
Jeane Morrison stated that the proposed
two m Sandscaping
j
two manor issues, 1) preservation
veloupersutoilookrAtsputtingstrees not only inithe 2uanyercent•
requited but in other areas as well. She suggested that the
Commission may want to change the 2,Su0 square foot requirement
and decrease It instead of adding that the trees only be planted
in the landscaped area.
};s, Brock said that she thoughtsit wareesaood idea but that it
{ would be difficult to apply to ome 1
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May 18, 1988
Page I1
Ms. Morrison added that the committee wanted to yet rid of the
blank concrete Islands that are seen in most parking lots. She
said that she would like to ask if they might look at doubling
the sire of the trees.
Ms. Cole left the meeting.
r
Ms. Brock said that the Task Force recommended to have a tree,
at least 3 inches in diameter, for every 2,500 square feet of
s u eet yard. Ibis was recommended al by the Task Force.
bis. Brock moved to replace section 302, sub-par&gjph 1 on
page 8, with the original formula presented by the Beautifica-
tion Task Force. Seconded by Bit. Claiborne and unanimously
carried (4.0).
Mr. Robbins referred to page 10, section 304, sub-pparagraph c
and suggested a possible rewording of the paragropi, to read:
c. The minimum plant material shall include
one tree at least two (2) inches In diameter for every
50 linear feet of street frontage, four evergreen shrubs
per tree, and turf grasses. (Illustration No. 5)"
Mr. Robbins said that the difference would be adding "one tree
at least two (2) inches in diameter."
Mr. Holt asked if placing a tree every 50 feet would stay in
the proposed ordinance. Ms. Carson said yes.
Mr. Holt moved to recoamend approval of the change on pa a 10,
section 304, sub-paragrapph c. Seconded by Mr, tamman and
unanimously armed (4.0).
Mr. Robbins continued with page 13, section 310, yaragraph a,
sub -paragraph 6. Mr. Robbins stated that the ad-hoc cormittee's
intent was to have landscaping dropped from 20 percent to S per-
cent in lots
designated entirely as parking lots.
Ms. Brock asked if reducing the amount from 20 percent to S per-
cent would be too little. Mr. Holt said that he felt it would
be an improvement.
Mr. Claiborne moved to approve page 13 as written. Seconded by
Mr. Xamman and unanimous y carric (4.0).
Mr. Robbins concluded with the plant list that is attached on
the back of the proposed ordinance. he stated that it is not
inclusive and additions could be made.
Ms. Brock moved to recommend approval of the proposed Landscape/
Tree Preservation Ordinance. Seconded by Mr. Keenan and unani-
mously carried (4.0).
1V. EXECUTIVE SESSION
Real Estate Under Section 2(f), Article 6252.11, V.A.T.S.
• Acquisition of real property at Ray Roberts aster Plant.
- Acquisition of real property at kastewater Treatment Plant.
Mr. Claiborne stated that they proposed no further action and
unanimously approved the acquisition of real property at Ray
Roberts %ater lant and the A a tewater Treatment Plant.
Meeting adjourned at 10120 p.m.
c.
I
DRAFT
Minutes
Planning and Zoning Commission
May 11, 1688
The regular meeting of the Planning and Zoning Commission of
the City of Denton, Texas was held on 4ednesday, May 11, 1668,
at S:00 p.m., in the Council Chamber of the Municlpal Building.
Present; Euline Brock, Ivan Glasscock, Judd Holt, William kamman,
and Etha Riker
Absent; till Claiborne and ruby Cole
Present from Staff: Frank Robbins, Executive Director for Planning
and Development; Elizabeth Evans, Planning Adsinistrator;
-F Cecile Carson, Urban Planner; Lavld Ellison, Assistant to
i the City Fianager; Joe Morris, Assistant City Attorney;
Jerry Clark, City rngineer; Lee Allison, Senior Civil
Engineer; Rene Baker, Civil Engineer; end Donna taker,
becretsry
Vice-Chairperson Brock called the meeting to order.
1. Public Hearings
A. APPENDIX C-TREE FkESEkYA1I0N LANDSCAPE AND SCREENSNC
a t e o t o r nances
o t e ty o enton, e x a a
STAFF REPORTt Mr. Robbins sold that he would attempt
to summarize the proposed ordinance with a slide show
presentation.
He said that there were two major components that were
being proposed. One being the tree protection section
whic would prohibit clear cutting and would require
permits to remove a protected tree. Mr, Robbins said
that there was a list of exceptions in the ordinance.
One exception is with single family houses or lots.
Mr. Robbins stated that a Protected tree is any tree 1G"
in diameter measured at I2' above the ground,
Mr. Robbins said that the first section of the ordinance
attempts to protect trees and the next section would
incorporate the protected trees in future development.
Mr. Robbins said that the second major component to the
ordinance is landscaping9 This is essentially for devel-
optent which is non•restdentlal and multi-family. This
would also have exceptions.
He said that the purpose of the ordinance is to protect
the general health, safety and welfare of the community.
He added that the purpose ;s also% 1) to preserve larger
native trees{ 2) to provide shade, winabreaks, and cooling
{ of air; 3) to provide screening and buffering of residen•
tiol uses; l) to provide breaks of the monotony of urban
developpment; S) to provide for open spacel and 6) to reduce
the effects of so 11 erosion, conserve water, and provide
for more effective drainage.
Mr, Robbins said that the ordinance would require land-
scraping between the street and the building. It would
also require landscaping between the street and the park-
ing lot. Mr. Robbins added that it would be required in
parking lots as well,
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P62 Minutes
May 11, 1568
Page 2
Mr. Robbins said the ordinance will require 20 percent
of the area, between the street and the building, to be
landscaped. The 20 percent could be anywhere in the
building's front yard. The ordinance also requires that
S percent of a parkluf lot in the street yard, be land-
scaped. the S percent could be crealted towards the 20
percent in some instances. The S percent should also be
alspersed in the parking lot so that it would not be in
one place. For parking lots that are not in the street
yard, the ordinance would require that 4 percent of the
j parking lot be landscaped.
{ He sold that the ordinance will provide credits for pro-
tected trees. To figure out the credit to be received,
the area under the drip line of protected trees would be
multiplied by SO percent. This would hopefully encourage
the preservation of protected trees.
Mr. Robbins stated that the ordinance will also require
landscapincc to be completed ir, the parkway. The ordinance
that the ad•he committee recommended would give credit
for the landscaping in the parkway toward the 2u percent
required in the front street yard.
He continued by saying that the ordinance will require one
F ' tree for every 2,500 square feet of landscaped area. The
tree oust be a minimum. of 2" in diameter. Mr. Robbins
said the Commission may want to go with a 3" or tree. }
)it. Robbins said that another requirement would be to have
screening around the parking lots. The ordinance would
t allow four different options for screening. Those would
iE include an earthen berm, a solid stone or masonry fence,
evergreen plants, or plant material screens rather than
solid fences. These would have to be at least 3 feet high
and a curb would be needed to protect the trees or shrubs.
Mr. Robbins stated that the ordinance suggests that a type
of screening for parking lots along the street would be to
have one tree planted every SO feet. Each tree would also
need to be accompwanied with at least four shrubs and the
rest of the area ould be turf grass. Mr. Robbins said
that it could be counted towards the 20 percent but it is
a separate requirement to have the screening between the
atreet and the parking lot.
Mr. Robbins then discussed screening between residential
and non-residential lots. He sold that it would be re-
quired to have a solid screening fence at least 6 feet
tall. He said the Commission might want to consider
expanding the area from S feet to IS feet.
Etha Riker joined the meeting.
Mr. Robbins said that some alternatives were listed in
the backup.
Mr. Robbins referred the Commission to page 6 of the
proposed ordinance stating:
301, landscape Requirements for Street Yards.
2. Credits.
"b, All permanent parkw y landscaping
created by the applicant nay be credited
towards atreet yard landscaping."
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May 11, 1988
Page S
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Mr, Robbins stated that (b) may need to be changed to read,
b. All landscaping in the permanent parkway
created by the apF Scant shall be credited
toward street yard landscaping.
Mr. Robbins stated that would b easier 20 percent requirement instead of giving credit, the
Mr. Robbins said that on page 9 of the proposed ordinance,
{S), it states:
"A replacement tree on the plant list (Attachment 2)
of at least three inches is plsced !n the vicinity of
the protected tree."
Mr Robbins stated that it should be deleted because it is
re~undant to (b) stating:
"Where the protected tree to be removed would other-
wise be necessary to meet the number required for the
street yard, ano removal is requested for the purpose
of constructin any sewer, water, electric, g lines
1 or equipment, erainage facilities, sidewalks, drive•
1 ways, park Lug lots, or other utilities, facilities, or
imvrovecents within the street yard t serveitit deter
erty, the department may approve the Plan, I
mine$ snaLble protected efforts h*v,~,.been made to avoid terov-
al of the Mr. Robbins then referred to page 10, 104121c stating:
"c. Evergreen plants which are of a species specified
in the Plant List recommended for local use and which
would be expected to provide a screen of the required
height within three years of ylanting. The plant
material must be located within a lanting bed which
is at least five feet In width. the minimum plant
' material shall include one tree for :very So linear
feet of street frontage, four shrubs per tree and turf
S)"
grasses. (Illustration No.
Mr. Robbins suggested deletlny the word "evergreen" and
letting it start with the word "plants" He said that he
was not sure if evergreen trees should be included and also
wanted to add "evergreen in the last sentence to state
"the minimum plant material shall include one tree for
every SO linear feet of street frontage, four evergreen
shrubs
Mr. Robbins then referred to page 11, 106/a/2s
"(2) They are not located within five feet of an
electrical utility pole and will not reach a mature
tight %hich will Pa live aodt of an electric
lie said that the Electric Utility Department Indicated
that I feet Is the maximum height, to k2) should read:
(2) They are not located within five feet of an
electrical "itility pole and will not reach a mature
an elec-
height transmission or s distribution h line: and
tric
there were two
Robbins
to c b► e made that on that
changes indicated
that would p read=
d
(L) All landscaping in permanent parkway shall be
1 credited toward street yard landscaping.
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PBi Vinutes
May 11, 1988
Page 4
(c) shall be placed within any parkway
or public easement abutting a public street
Mr. Robbins said that the committee eliminated the dumpster
screening requirement. he said that the Beautification
Task force felt strongly about it and felt that the pro-
visions should be created.
Ms. Brock said that the ad-hoc committee felt that the
IumpItets were not beautification issues. She said that
she felt it should be addressed from a committee like the
Blue Ribbon Solid kasit Committee which shoud dedicate the
tire to cleaning up the dumpster issue.
Mr. Robbins went on to page 13, 309/6 stating:
t
11(6) %here a property is used solely as ■ commercial
or private parking lot, the street yard shall include
the whole property, unless the lot is used for a park-
ing garage, in which use the perimeter screening re-
quirements applicable to parking lots shall apply as
well a the street yard requirements for buildings."
I
Mr. Robbins said that (6) meant that the whole pparking
lot would be considered as street; therefore, 20 percent
of the lot would hav:d to be landscaped. He said that he
understood that the hoc committee felt that it was too
much. Ms. Brock said yes. She said the ad-hoc committee
had come up with a recommendation but it did not get put
in tAe ordinance.
The recommendation of the ad-hoc committee was to have a
requirement of S percent of the interior to be landscaped
where the entire property is a parking lot. Ms. Brock
added that they felt that it would be better than 20
percent of a large parking lot.
Ms. Brock said that the 1S foot wide buffer would be
different from what Mr. Robbins had suggested. She said
it would be in lieu of screening requirements.
Ms. Brock said the Task Force had recommended a solid
screen with a minimum of 4 feet in height. the ad-hoc
committee objected to the 4 foot height because there
might be some obstruction to visibility of buildings due
to the height. She said that John Cooper had suggested
that the rills of automobiles be screened because of
their unsg fitly appearance. The ad-hoc committee felt
3 feet wou d be an adequate height and that the screen
should be of plant material.
hr. Glasscock asked if the ordinance would pertain to only
j new development. Ms. Brock said yes, they would not be
able to go back on current development.
Mr. Molt asked if trees and shrubs have to be placed in
the parkway, if they .re to receive credit in the street
yard. Mr. Robbins said that due to the utilities that
will be put in the parkway adds are that someone would
not be able to put plants to there. If a tree is planted
in the parkway, it would eventually row large enough to
cause problems to the utility lines lelow. Ms. Brock said
that credit is received for the area and that it would not
reduce the tree requirements.
Mr, halt asked if, for an example, someone had a parkway
and bad grass on the parkway, would they still need to have
soae type of screening for the parking lot. Mr. Robbins
say yes, they would need to have a 3 foot screen.
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Lay 11, 1988
Page 5
Mr. Holt asked what if the 2Robbinsnsaidgthatmistawpos•
placed to the parkway.
sibility that the requitement could be met with the
parkway landscaping.
its, Brock said that she felt if a person's area was large
` , that they would have to exceed the 20 percent. 20 Mr. Holt asked If i tlwb«ange salaethattitrwouldebeufrom
` the building,llne to the building.
1 the property yy
jolt orrSsssaidwthattif itfwasbe2aeLan6eUsetRegulatien It
I G00 and if it were another
c. M
M
would have a maximum Eine of ,
violation, it would be around 5;00.
yy, ficulties
Brock asked wnTOCedure.beMrthe . Robbinssold that it Would Implementing the p craft process. ]he plan
would be part of the building p
would be reviewed by a pl+nner with a landseiDmeTSSBlyatk-
gund. The Planning Department would ew D plans.
ro
+sslstin¢ the building official in reviewing the Mr. Robbins said that goesoon. bHeoaddedrthatmita
would I
e g
more detailed as time g
address twt issinsQraSnagelcontrol~Ae town more attractive
and would help to Insure
Mr. Holt asked if the purpose of es "cre Mr.dit" St WAS
an tge said that
Yes-
green areas. Mr. Robbins say
some young trees start to grow and then die. Older trees
Al trts need f'
fetheyearelcoverediwithec ncretecr
can tbetter Iat m or so id
sidewalks they w111 not get tAe nutrients that are "I "I
for a tree's growth.
e t.
Ms. Brock said that she felt they should change th
that a
quirement from 3 to 2 incAewithMoil Hits roots, whereas
smaller tree would be supplied root it,
a larger tree's roots Aare been severed to up
tea that
Morrison, 2011 Scripture, staishe t and the
tre ih+t treeswthcrperson~realizeuthebe
all Force felt e
cost associated with cutting down a tree. She said that
was why a 3 inch tree was recommended.
Ms. Brock said Oat she felt the sire ok the protected
tree should be smaller to save o twes toe saves the elolder
ks, Carson said that the purpose
tress from being destroyed.
aalssfon what they felt o the
Co the asked t h tad entirely
I,hen a Sot is devote
Ms. Brock o
recoamendatlon stating,
n be ,tbut inste+drtheapertreteeascreening
to parkin, it werc ent
require t e 20 D along with the SS psrcent of the
requirements would apply
interior Mr. Glasscock said that he thought it sounded
good.
Mr. Strange satsOtEit he thought there should be one
tree tot every
1
Ms, Brock asked if the Commission should address the
ins'
dumpster issue. Ms. Carson stated
rovided l Charles
Superintendent of Solid Ylaste, D
the Task Force and he felt that It should be considered
a beautificatioh Issue.
.
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Page 6
Mr. Halt asked If it would only affect new development.
Mr. Morris said that the Commission was oealing with two
different issues; the problem with existing dumpsters, and
what to do with future development.
Mr. Morris said that the ordinance is tied to a permitting
process for future development. He added if a developped
! property comes back to planning steft, then it would be
f{ addressed at that time.
Mr. Holt asked where it would be pplaced in the ordinance.
Mt. Robbins stated that it could be placed In Article 306.
Ms. Brock asked what could be done with the 15 foot wide
buffers. !,r. Robbins said that It was discussed as a
fifth option for the screening requirement,
Chair declared public hearing closed,
~ r
DECISION: Ms. Brock asked how they should go through the
or nance. Mr. Robbins recommended that they go through
each area of change.
Mr, kamman stated that he would like to see the changes
in the ordinance before taking action. lie moved to table
the ordinance to the May lb, 1958 meeting. Seconded by
Mr. Glasscock and unanimously carried (5-0).
8. Y•43. Petition of BM-J Properties requesting a variance
o ~Xrtlcle 4.04 of the City of Denton Subdivision and
Land ttvelopment Regulations on a 1.997 acre tract located
E between k'eat Hickory Street and Stella Street at Avenue F.
This property is further described as a tract in the
Eugene Puchalski Survey, Abstract 996. Article 4.04
requires that developers install sidewalks on one side
of all thoroughfares and collector streets adjofnin a
subdivision. A sidewalk is required along the south side
of hickory Street.
Eight notices were mailed to adjacent property owner 31 one
reply form was received in tavor and none were received in ?
opposition.
STAFF REPORT: Ms. Carson stated that the LaV'illm Addition
rs a proposed replat of 1,997 acres and is for multi-family
use. She said according to Article 4.04 of Appendix A of
the Code of Ordinances, Subdivision and Land Levelopment
Regulations, sidewalks are required "on one side of all
thorou hfires and collector streets within and adjoining a
subdiv sfon.... 11 hickory Street is a major arterial and
the Regulations require the installation of a sidewalk
along Hickory Street.
Ms. Carson stated that in this particular area, there is
a large concentration of multifamily lots. There has
been new construction in the area along Hickory Street
and sidewalks were constructed as part of the subdivision
requirements.
She said the variance procedure In the Subdivision and
Land Development Regulations states that the Planning
and Zoning Commission make a recommendation to the City
Council. The regulations contain three criteria on which
I the recommendation should be based:
1. Granting of the request would not violate any master
plans.
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DATE: 06/21/bb
is
Cily COUNCIL RLPORT FGRMAI
10: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
i SUBJECT: PRELIMINARY PLAT OF GOLDFIELD TENNIS CENTER ADDITION,
LOTS 1 AND 21 BLOCK 1.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval
at its meeting of June 6, 196b by a vote of 6-0.
SUMMARY:
This is a 2.465 acre tract located on Windsor Drive
adjacent to North Lakes Recreational Center and shown
in the R. Beaumont Survey, Abstract No. 31.
BACKGROUND: J
The property is zoned Agricultural (A) and a tennis center
developa,ent is anticipated.
City services and facilities, including water, gas, i
'r. sanitary sewer, telephone, electrical, and solid waste,
are available.
The plat conforms to the minimum requirements of the E
Lenton Subdivision and Land Development Regulations.
+ PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: `
N/A
± FISCAL IMPACT:
N /A/A
Respe ully submitted:
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Ile
oy ar e
;r Lit Manager
Prepared by:
g
TITAbeth vans
Pla ning Administrator
App ed
i ran o n~i-s
Executive Director for
Planning and Development
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DA1E: 00/21/86
CITY COUNCIL REPOkT FORMAL
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRELIMINARY' REPLAT OF PART OF LOT 27 TO LOTS Z7A AND 27B9
LITTLE BROOK ESTATES, UNIT NUMBER 2
RECOMNIENDATION:
The Planning and Zoning Commission recommended approval
at its meeting of June 8, 1968 by a vote of 6-0.
SUMMARY:
This is a 12.089 acre tract located south of FM 1173
and east of Masch Branch koad and shown in the J. Haney
Survey, Abstract No. 515.
BACKGROUND:
The property is located in the extraterritorial
jurisdiction (ETJ).
1
The plat conforms to the minimum requirements of the
Denton Subdivision and Land Development kegulations.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
3
N/A
FISCAL IMPACT: !
i
N/A
~ Respe ally submitted: ;
Cit titanager
Prepared by:
Yni t Ev ans
Plag Administrator
Anre ved.
o ns
Executive Director for
Planning and Development
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.t LOTS 278 AND UNIT LITrL[ 9RDOR ESTATE!
j•~ uxlT NUMBER
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1 CITY COUNCIL RLPCRT FORMAT
Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRELIMINARY PLAT OF 711E VILTOR ADDITION, LOT I, FLOCK A
RE LOhIMENDATION
:
The Planning and Zoning Commission recommended approval
at its meeting of June b, 19bb by a vote of 6-0 with the
condition that the sidewalk issue be resolved prior to
.'4 final plat approval.
SUMMARY:
This is a 15.044 acre tract located west of 1-35 service
road and south of FM 1515 (Airport Road) and shown in the d
E. Puchalski Survey, Abstract No. 996.
BACKGROUND:
The property is zoned light industrial (LI) and a building
expansion is anticipated.
s
City services and facilities, including water, gas,
sanitary sewer, telephone, electrical, and solid waste,
are available.
The plat conforms to the minimum requirements of the Denton
Subdivision and Land Development Regulations except for
provision of sidewalk.
{ PROGRAhIS. DEPARTMENTS OR GROUPS AFFELTED:
.
NIA
a FISCAL 114PALI.
s' N/A
{
r I Respec lly submitted:
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Prepared by: City anager
r
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Plan n8 Administrator
Wr ed•
o ns
Executive D Lector for
Planning and Uevolopment
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BLOCK A
Ca ti ~,L 15,044 ACRES ` Y `N, .IL..
-4 r L I ZONING t iil'Y r f I
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Denton Savings Assn/
George Chauncey
RECOMMENDATION:
The Tax Technician has determined that a tax refund should be issued.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval
of the governing body of the taxing unit for refunds in excess of $ 500.00.
Taxpayer, Denton Sav. Assn. has requested a refund in the amount of
$ 637,62 since duplicate tax payments were made on account #2853-01700,
BACKGROUND:
Denton Sav. Assn. made payment on December 31, 1987 in the amount of
$ 637.62. The mortgage company also paid taxes on December 31, 1987 in
the amount of $ 637.62. Tax records indicate payments of $ 1,275.24
against a tax base of $ 637.62. A tax refund is due.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
The tax department and the tax account of George Chauncey,
FISCAL IMPACT:
$ 637.62
RE CTFULLY S EMIT?F :
a re
ty manager
Prepared by:
j Name is Schneider
Title Tax Technician
f`
Approved:
P f
d~ i M/yy~ MIl
Name Monte Mercer
Title Controller
2633C/3
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DENI~ON
VINM
a~ocw~
Tune 1, 1988
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City of Denton Tax Office
215 E, McKinney
Denton, TX 76201
ATTN: VIC SCMEIDER
RE: Mortgage Loan 120-006559-6
Walter Johnson j
Tax Acct. 03711-02600
r
Dear Mr. Schneider:
In 1986 we paid taxes for the iccount of George Chauncey 02853.01700, in the ,
amount of $637,62, out of the above account by mistake. Please accept the
enclosed check in the amount of $235.16 which includes penalties and interest
and collection fees, for payment on Walter Johnson's 1986 taxes and send a
refund to us of $637,62, as we indicate that this tax was paid twice by Denton
Lot Savings Association; once out of Mr. Chauncey's account correctly, and once
out of Mr, Johnson's account incorrectly,
Also enclosed is a copy of the front and back of our cancelled check for all
of our city taxes, along with a copy of our detailed list of disbursements,
with both payments highlighted.
We appreciate your attention to this matter. If you have any questions, please
call our office. Thank you,
Sincerely,
D iMfGS LATICN
j ~ l1
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Loan Service Representative
Encs.
300 N. ELM / P.O. BOX 1307 . DENTON, TCXA3 70202.1307 . 617.387.3505
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70 &)M4 iI 394.11 70 001749 6 51 113.33 36.68sA6V6 34 4,33611 70 605399 F ii 101)
l6
70 04161126 0 It 716.94 20 007103 6 31 3,462.20 20 007116-4 31 594,28 10 001272 4 :11 01A.r7
/ 70 007735 5 71 349.06 20 007487 6 31 303.86 20 007517-2 31 206.04 20 007544-4 it 570.70
913 rv iihi1 7 '11 r44 i4 76 W7FAA 0 31 451 46 70 60164A 1 31 353.45 70 661i46 I1 31 41130, 11
241 1161 7 It 241 40 20 007910 0 31 1.537 49 20 008001.2 31 1,065.33 20 0011091 7 11 476 lr
2U VUB129 4 31 153 69 20-008139 6 31 1.014.26 20-008171-5 31 681.99 20 000191 6 .11 250.14 ,
711 61A 191 7 IT 15544 30600695 A 31 331,17 96 0041653 31 5H 0 70 6oA8/9 4 li i41, 13
70 MIAMI / 2 11 .115. 19 20 009104 4 31 216.90 20 0097664 31 461, 11 2n nno)r,l 7 11 17Q vs
/ 70 7(1•1104 4 ll ",rR, 04 20 009311 7 11 461.11 30 070147-6 31 476,70
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AI1111 11u11 1MOUP 043 101Al. limp 35 TOTAL AMf 24.789.41 it
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{ 3d NO 144 1 3t 311 56 1$ 661343 6 ~1 363.46 76 661191-1 31 3.63316 30 661186 4 ii IW O
20 001849 2 31 1141.13 20.001083 41 31 134.71 -20 006141.0 31 1,026.16 20 009149-2 11 2,119.60
20 9007?7 0 31 553 72 28-8g$312 0 31 594.27 2Q 009310.0 31 431.244 20 008381.2 31 13).21
36 ui141A7 9 31 343 44 1541 6 31 437.61 7o 064716 6 it 761.53 36 6600 9 3i 031 44
20 009216 0 11 ISO 32 20 009230 0 31 ?17.01' 20 009231 6 31 lee 06 20 009249 7 31 295,31
20 W9151 0 31 759.93 29 040251.2 1 4,564437 20-009263-6 31 319.27 20.009266.0 31 653.96
3c~ 3+334911 A 31 iio.41 10 664117 3i 751.33 36 664734 0 3i 3'33,43 96 '06431st 91 1A4.u4
?0 003767 0 11 101,58 20 009783 6 31 380.40 20 009296 0 31 289.41 20 0092932 31 206.13
30 4~9291 7 31 411.49 2 ppp299 41 11 386.22 20.009301.2 31 200.86 ?0-0093052 11 141.02
76 I]oO W) 14 51 1091 1$ 003311 353.16 96 005311 A 31 1,SA3.61 16-66539t i ii 317,13
20 009372 O 31 R m 60 20 009323 5 31 $20.79 20 009329-2 31 462.98 30 009331 6 11 2 8,04
?0 009330 4 31 404,82 29 339 i
37314342 (i it i,,4 5R 70 11x1 M1444 31 30 616101140.4 31 1005.57 20 004141 1 11 309.01
t,1
711,.11/.1+ ~11,~ L7 Id
` AHM inns d651 if 4114 TSTAI FM 733 188 i++1 33, W.41+61' 1, t1 ~
513 Mv)iii A ai i4li 9 18 803530 4 311 561.75 iii b-54143 5 33 370,45 50 657401 A ii 194 44 f
20 006001 7 17 4349 10 20 005629 2 32 504.86 20 005198.0 22 688.35 20 0061IN U .12 482411
20 o041361 7 7J 119,60 20 040441e3416 2 32 409.99 20 006/101Q 3 912.20 20 006412 4 37 510.10
9u 611416? 4 is )AI 44 10 o~e153 6 33 753,19 1fi 666695.2 3 154,51 30 66sta947 J3 $19.30
20 006829 7 17 974 61 70 000936 4 32 119.44 20 006991-0 32 743.06 20-006969 7 12 201) 12
28-927221-2 37 Stp.95 O QQ7g15 0 3 492.91i 20 007345-2 32 300.50 20 OU1424 4 37 330 61
3W7543 4 ;i.7 A41 16 6 551635 4 3~ 313.13 36 561141-6 33 381,61 36 661674 b 1) 4) 14
20 001890 4 37 4lei. 94 20 007749 6 32 635,10 20 001112 4 ?1 603.55 ?0 W 1040 4 17 756.01
3
7$ 4iobi61 3i OW 2 i 0-22 1014 4 3a 266,90 20 WI969-6 32 19'.00 20.001971 6 32 274.77
16 00153 1 3i 375,55 76 66 .38 6 11 166.43 76 669344 it i9 63431
20 001337 ? 32 111 71 70 006600 4 J2 339.59 20-009619.6 32 909.44 20 008631 6 32 502 02
20 eeb? 1 32 315.9 a4 006767.6 32 fp4. 20 0069 a p 32 311 .y4 20.908929 u 32 56605
36 or)q 4 59 141 1~ 9$ 653334 9 33 1b3.~~ 3b 0856$3 J 33 1 1.1s 1b a3kM 1 9! 441 ii
20 009170 4 17 510 8e 20 009123 A 33 379.24 20 009121.4 32 340.09 70-004160 4 37 319, OA
20 009115 6 37 I.Ott 86 29 009273 6 32 $32.? 20.009243.0 3 327,30 30 020138 0 33 291.S8
10 65614) 7) 47 910 40 1u (126161 A i1 339.6? i6 096361:) 3~ 3`51.6 31 646111 3 .i] 9F,4.A1
11 04(1 IM n 1, 4111 41 17 n4411r4 4 17 401,44 17 4141/111 A 12 461.70 17 04 17? 4 17 I'll III
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11114
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0923L A.
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AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
i WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
j the appropriation of funds to be used for the purchase of the
! materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
' bids or materials, equipment, supplies, or services, shown in
the "Bid Proposals" attached hereto, are hereby accepted and
approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO. VENDOR AMOUNT
9863 ALL W.M. DUSENBERRY $ 8,559.90 _
9867 #1 WRIGHT ASPHALT 90000.00
9867 #2,3 KOCH MATERIALS 36,000.00
9867 #4,5,6110 WHITE'S MINES _67,000.00
9867 07,8,9 JAGOE PUBLIC 4850000.00
9868 ALL SCIENTIFIC ATLANTA 690900.00
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SECTION II. That by the acceptance and approval of the above
number; items of the submitted bids, the City accepts the offer
of the persons submitting the bids for such items and egress in
purchase the materials, equipment, supplies
accordance with the terms, specifications, standards quantities
III and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That shout(.' the City and persons submitting
approve an accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorized to execute
the written contract which shall be attached hereto; provided
that the written contract is in accordance iestandthe terms, i
quantities specified
conditions, specifications, standards,
sums contained in the Bid Proposal and related bid documents
herein approved and accepted.
SECTION IV. That by the acceptance and approval of the above
numbere tems of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in pursuant the amount aand in
accord,,nce with the approved
contract made pursuant thereto as authorized herein.
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SECTION V. That this ordinance shall become effective i
imme ate y upon its passage and approval.
PASSED AND APPROVED this 21 day of JUNE , 1988.
RA STEPHENS, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
4
JENNIFER WALTER , CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY.
PAGE TWO
DATE: June 21, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Bid # 9863 Fiberglass Poles
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RECNOAT I ON:
We recommend this bid be awarded to the lowest bidder meeting
specification, W.M. Dusenberry in the amount of $237.33 per pole
and $98.00per arm. Total bid award $8559.90.
SUMMARY'
This bid is for the purchase of Fiberglass Streetlight Poles. The
poles are replacement for warehouse stock. The prices are held
firm through October 1, 1988 for additional quantities as required.
BACX6ROtIKD:
Tabulation Sheet
PR06RAi1S DEPARTMEMTS OR GROUPS AFFECTED:
=a
Warehouse Working Capital
FISCAL IMPACT:
1987/88 Budget funds for Electric utility Inventory Purchase.
Respectfull submitted:
u
Lloyd V Harrell
City Manager
P nred by:
name; Tom D. Shaw, C.P.M.
Title: Asst. Purchasing Agent
Approved:
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A John J. Marshall, C.P.M.
Title: Purchasing Agent
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T I I I I I I
111 I 1 9863 I I I I I I I I
I NESCD I TEPPLE I CUMMINS I 6RAYBAR I NELSON I I.M. 1 04RHETT I
111 TITIE FIBER6LA5S POLES I I ELECTRIC I SUPPLY I ELECTRIC I ELECTRIC I DUSENBERRY I I I
I I 16t. I CO. I CD. I CO. I Co. INC. I ASSOCIATES I
OPENED BAY 5 1988 2111 P.M. I I I I I 1 I 1 !
. ~ ACCDUNI I 6l1-IBI-1252-9126 I I I I I I I 1
I--.--.°.-----I------------ - -I._----•-•--•--I---- -----1---------•----1._....----•--•I--------
t I I I I I I I I I E
j I I QTY I ITEN DESCRIPTION I V:NDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I E
1...... 1 °•°•-....•----°-•-._....-••I ---•--I---------- ._..1...------- I----•---•----------------1•-------------I
I I I I I I I I I I
I I I I I I I 1
~ F;,~ I I I I ! ! I I I j
1. 1 31 !DIRECT BURIAL F6-POLES 1 359.11 1 211.11 t 352.91 1 297.51 19D BID 1 237.33 1 335.63 1
I I I I I I i i I I 1
I I I 1 1 I I I i I
I I I I I I I I I I E ;
2. 1 31 INAST 1'12' 1 61.51 1 52.11 1 81.51 1 51.25 IND BID 1 48.11 1 39.11 1 !
I IMAST 1' 1 1 1Y4' 1 79.81 1 52.11 1 11.93 1 $4.25 IND BID 1 48.11 1 39.11 1
S I I I ! I I i I I ~
t I I I I 1 11 I I ~
S I I 1 I I I I I
t I F.D.P. DENTON I DENTON I DENTON I UNION 1 DENTON INC BID I DENTON I DENTON I
t I I 1 I 1 I I I• I
1 I SHIPMENT IN DAYS 1 21-31 1 28-12 1 21-3 1 21.12 INC DID 1 25-31 1 31 1
t I I 1 T ! I I I I
. 1 I I I I I I i I I
t I I I t t I I I I '
t I I I 1 ! 1 I I 1
. t, 1 I I 1 I !
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DATE: June 21,1988
CITY COUNCIL REPORT
i TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Bid 1! 9867 Asphalt-Emulsion-Road Materials
RECO14.1ENOATI ON:
We recommend this bid be awarded to the lowest bidder meeting
` specifications for each item as listed.
SUMMARY:
This bid is for the annual estimated quantities of Asphalt, omulsion
and road materials to be used by the City in the maintenance and
construction of streets and parking lots. The lower price offered by k
White Mines, Sunmount and Reynolds on item t8 are for material picked }
up in our trucks at their plant in Boyd, Justin and Lewisville
respectively.
BACKGROUND:
Tabulation Sheet
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PR06R9M5. DEPARTMENTS OR GROUPS AFFECTED:
Street Department - Street Maintenance and Construction
FISCAL INTACT:
.q
Punds will come from approved budget accounts and or appropriate
bond funds, s
~ sRespectful submitted:
Lloyd Y, Harrell
City Manager
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Pr a red by.
Y Name: Tom D. Shaw, C.P.M.
Titles Asst. Purchasing Agent
Approved:
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hn J. Marshall, C.P.M.
rchasing Agent
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a.
i BID #9867 Asphalt-Emulsion-Road Materials
C
VENDOR PRICE EST- TOT
t ~ ITEM DESCRIPTION
1, AC-10 Asphalt Wright Asphalt .4945 $9000.00
2, CRS-2 Emulsion Koch materials .6143 $18000.00
qv
3, MS-2 Emulsion Rock Materials .6143 $18000.00
4, PB-2 Stone Whites Mines 15.73 $15000.00
5, PB-4 Stone White's Mines 15.48 $25000.00
6, PB-5 Stone white's Mines 15.23 $20000.00
7, Type D Asphalt
Concrete Jaqoe Public 20.25 $235000.00
g, Type D Asphalt
picked up Jagoe Public 20.50 $200000.00
~ g, Type A Base Jagoe Public 20.25 $50000.00
10. Type FF White's Mines 19.24 $20000.00
Total Bid Award $610000.00
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III I # 9867 t REYNOLDS I BOHMANN I PIRA I NRI6HT I SOUTHERN i NOCH I NH11E'S I JABDE I ELF I SUNMDVNT I
110 ASPHALT I ASPHALT I OIL 4 1 ASPHALT I ASPHALT I MATERIALS I NINES I PUBLIC I ASPHALT ICORPORWON I
110 TITLE ASPHALT EMULSION # AORD MA1£AtAI! I I CHEMICALS I PRODUCTS 11PETRDLEUN I i I ! I 1
1 I I I 1 I I I 1 I I
4 OPENED JUNE T 1488 211 P. M. I 1 I I 1 ! ! I 1 1 I
1 I I I I 1 I i I I {
ACCO 1 I I I 1 I f I t
UNT-#• 1
-----I -----I °-.......1.__ t I I i
I I I I I I I I I I I 1;
# I ITV I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR
I VENDOR I
1.._....__1_.._.•••____________________•---I------------I------------ I------------ 1_....-••°••I............ 1___...._____I............ I_._......_°I------------ I._.._...._._
l I I I I I I I I I I I I
I I SECTION A I ! I I I I I I I t I
i~ I 1 t f I I I I I 1 t
I. I IAC 11 ! 1 f 1.61)4 I 1.1415 S 1.5125 I I t I I S "
I I PLANT I 1 1 1149" 1 1.4545 1 1 1 1 1 1 1
2. 1 IASPHALT EMULSION CAS-2 I 1 1 1.6179 1 1.6411 1 1 1.6143 1 1 1 1.6165 1 1 '
I IPLANT I 1 1 1.5111 1 1.6111 1 1 1.581# 1 1 1 1.58" 1 1
?s" 3. I (ASPHALT EMULSION-MS 2 1 1 1 1 1 1 1 1 1 1 1 E
I IPLANT r I 1 1.5111 1 1.6111 1 1 115811 1 1 S 1.SB" 1 1
4. 1 1P1-2 STORE I I I I 1 1 1 15.73 1 t 1 1
. f t I I I I I t 1 I I I 1 j
? 5. t IPI-4 STONE I I 1 i I 3 1 15.48 1 1 1 1
I I I I I I I I I I I i i~ 't
6. I IFI-5 STONE I I I I I 1 1 15.23 1 ! 1 1
: 1 I { 1 i I I t i ! I I`~
1 I SECTION I I I I 1 1 ! I I i I :
S I I I t i 1 I I I I I ( t
1 7. 1 (TYPE I NIL ASPHALT CDNCREIE 1 23.75 1 25.51 1 1 1 1 1 22.87 1 21125 1 1 23.25 1
~r ~ I I I I I I I I 1 I ! I
1. 1 (TYPE D HIL ASP. CONCRETE (pl:lur)l 19.75 1 23.51 1 1 1 1 1 17.51 1 21.51 1 1 19.51 1
I 1 1 I I I 1 I I 1
91 1 ITYFE A BASE 1 23.11 1 1 1 1 1 1 22.87 1 21.25 1 1 23.25 1
~s I I I t 1 1 I 1 I I I I
II. I IIYPE FF COLO CRUSHED 1 1 25.58 1 1 1 1 1 19.24 1 1 1 23.75 1
` r I ! I I I I t I 1 I I !
't I 1 I ! I I ! I I ! 1
I I I I I 114LL PRICES BALL PRICES ! I I 1 I 1
t I I I 1 1 NOT FIRM) I NOT FIRM) 1 1 I I I
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DATE: June 21, 1988
CITY COUNCIL REPORT
TO. Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: . Bid 19868 Radio Controlled Load Switches
RECOMI-IENDAT ION:
` We recommend these radio controlled load switched be awarded to the
fl lowest bidder. Scientiftc Atlanta in the amount of $69.90 each for
1000pcs. Total bid award $69,900.00.
SUMPIART:
This bid is for the purchase of 1000 pieces of a radio controlled
load switch. This switch is a device that would allow the Electric
Utility Department to disconnect a consumer load, typically an air
conditioner a portion of the City of Denton load management program.
f
BACKGROUMD•
Tabulation Sheet {
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: i
'F Electric Utility, Load Management Program
FISCAL II]PACT:
1987/88 Pudget Electric Bond Funds
Account 611-008-0253-9225
{ Respectful submitted:
Lloyd Iff Harrell
City Manager
Pr %ared:,y:,
bNames Tom D. Shaw, C.P.M.
Title: Asst. Purchasing Agent
Approved:
I~ame:~ John J. Marshal ; C.P•M.,
`~TItIBS Purchasing Agent
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BIB B 1 9060 1
1 I 1 t
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ti BID TITLE RADID CONTROLLED LOAD SNITCHES 1 LEN T, 1 SCIENTIFIC I I I
! OELONEY I ATLANTA I 1 i
' OPENED JUNE t 1988 tall P.M. t I I I I
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ACCOUNT i 611-110-1233-9225 -'I I
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1 <
I 1 - ------4-------------- 1--------------
1
1 I QTY I ITEM DESCRIPTION I VENDOR I VENDDR I VEN p I VENDOR I
i
.......I_..... -1--------- I I I
I 1 1 - I-
1 I 1 1 I
I 1 1 I
11,111 EA !RADIO CONTROLLED LOAD SNITCHES I )3.31 I 69.91 I f I
1 1 1 I
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' I 1 ~ ~ 1 I t j
' t 1 1 I I I I t
1 t 1 I t
I I DELIVERY 11 DAYS 1 09110 1 TI r 1 I
1 I
1 I I i 1 1 1
FOl POINT I DENTON I DENTON i 1 I
I 1 I I 1
t 1 ~ ~ ; I r ~ ,
1 1 I
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1 1 I I I I 1 f
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0923L 8.
NO.
AN, ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
IIi WHEREAS, the City has solicited, received and tabulated
1 competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
!!!i and plans and specifications therefore; NOW, THEREFORE, I
THE COUNCIL OF THE CITY OF DENTON HERBY ORDAINS:
SECTION I. That the following competitive bids for the
}
construction o public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" or plans and specifications
attached hereto are hereby accepted and approved as being the
lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT !
985E rRAIG OLDW. INC. S71#991 5nn
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SECTION It. That the acceptance and approval of the above
competitive s shall not constitute a contract between the
City and the person submitting the bid for construction of such
I
public works or improvements herein accepted and approved, until
such person shall comply with all requirements specified in the
Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, after
notification of the award of the bid.
SECTION III. That the City Manater ~is hereby authorized to
execute a necessary written contracts for the performance of
the construction of the public works or improvements in
accordance with the bids accepted and approved herein, provided
that such contracts are made in accordance with the Notice to
Bidders and Bid Proposals and documents relating thereto
specifying the terms, conJitions, plans and specifications,
standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
competitive FUS and the execution of contracts for the public
works and improvements as authorized herein, the City Council
j hereby authorizes the expenditure of funds in the manner and in
the amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the 21 day of JUNE , 1986.
RAY , MAYOR
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SMUTRY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
'k DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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PAGE TWO
K.
DATE: June 21, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: BIDE 9839 WOODROW LANE CULVERT AND
CHANNEL IMPROVEMENTS
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RECOIMEMOATIOM: we recommend this bid be awarded to the lowest bidder, Craig
Olden, Inc. In the total amount of $70,915.00 with completion in twenty-five working
days.
SMMMRY: This bid is for the labor materials and supplies to furnish and install
a 10, X. 0' X 62' concrete box f.jlvert In the creek crossing on Woodrow Lane. The bid
( also includes the necessary channel excavation, Improvements and hydromulching,
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BACIl6ROU11110: Tabulation Sheet
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Mom, KPMTIERTS Olf 611110M AFFECYED:
Engineering - Public Works
FISCAL IMPACT: This project will be funded from Bond Funds for 1987/88.
Account / 036-020-0088-8801-9105
Respectful T submitted:
L1 oyd Y Harrell
City Manager
P red by'
V
HaeN: Tom 0. Shaw, C.P.M.
Titles Assistant Purchasing Agent
Approved:
A % J hn J. Marshall, C.P.M.
T1tl : Purchasing Agent
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MEMORANDUM
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DATE: May 23, 1988
TO: Rick Svehla, Deputy City Manager
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Charlie McKenna, Engineering Tech Supervisor/Drafting
FROM.
SUBJECT: Woodrow Lane Culvert B Channel Improvements
Attached are bid sheets for the subject project. From the bid
sheets, Floyd Smith Concrete is the apparent low bidder at
$67,558.30 for the base bid. However, there is an error on the
total price for Item $.IS. $1,764.00 should be $7,200.00.
This price raises the total bid to $71,994.30 and makes Cra4a
Olden Incorporated the low bid at $70,850.00.
It is our recommendation that Craig Olden Incorporated be
awarded the contract fot Woodrow Lane Culvert and Channel
Improvements at the following prices:
101x10' Box Culvert $70 850.00
Excavation and Hydromulch 4,065.00
{ Total Bid ,.T1915.00
ar as . Manna er
Engineering Tech Supervisor Cit ng ne
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0923L
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
1
WHEREAS, state lawn and ordinance require that certain f
contracts requiring an expenditure or payment by the City in an
amount exceeding $10,000 be by competitive bids, except in the
case of public calamity where it becomes necessary to act at once
to appropriate money to relieve the necessity of the citizens, or
to preserve the property of the city, or it is necessary to
protect the public health of the citizens of the city, or in case
of unforeseen damage to public property, machinery or equipment;
i NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
4
SECTION I. That the City Council hereby determines that
thereT a public calamity that makes it necessary to act at once
to appropriate money to relieve the necessity of the citizens, or
to preserve the property of the city, or to protect the public
health of the citizens of the city, or to provide for unforseen
damage to public property,, machinery or equipment, and by reason
thereof, the following emergency purchases of materials, )
equipment, supplies or services, as described in the "Purchase 3
Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
1!84869 POLY AMERICAN $290550.00 ~
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SECTION II. That because of such emergency, the City Manager
or designated - employee is hereby authorized to purchase the
materials, equipment, supplies or services as described in the
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attached Purchase Orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in
accordance with the provisions of state lax exempting such
purchases by the City from the requirements of competitive bids.
3 SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the 21 day of JUNE , 1988•
1
RAY STEFH MAYOR
CITY OF DENTON, TEXAS
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ATTEST: i
SECRETARY
JENNIFER WALTERS-o CITY y
CITY OF DENTON$ TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAM[ DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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DATE: June 21, 1988
CITY COUNCIL REPORT
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TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT;
Purchase Order 84869 Poly American
RECOMMEflDATIOM:
We recommend this purchase order 84869 to Poly American in the
amount of $29,550,00 be apprcved.
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SUPT AY:
This purchase order is for 7900 rolls of refuse bags.
The cont
supplier of our Refuse Bags Las notified us of an industry wideract j
allocation of resin for bag manufacture. This shortage has made
it impossible to meet our delivery schedule for September distribution.
The 7500 rolls on this purchase order were manufactured for another
city to a slightly different specification.
(See Attached Sheet;
BAC D:
Purchase Order 84869. Memo dated 5/4/88 6 6/14/88
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DEPART" S OR GROUPS AFFECTED:
Warehouse and residential Solid Waste.
FISCAL ACT-
1987/88 Budget
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Respectful submitted:
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Lloyd Harrell
City Manager
Pry red by:
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Name: Tom Shawn C.P.M.
Title: Purchasing Agent
Approved:
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Na Jo n J, Marshall, C.P.M.
Title: Purchasing Agent
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SUMMARY
Actually this bag exceeds our normal specifications. It
is 1.7 thick vs 1.5 mil., measures 30x39 instead of 30x37.
It is not printed with City of Denton identification and
only has 50 bags per roll instead of 52.
` The price for the bags is $3.94 per roll instead of the
$2.61 contract price. Recent bids taken by other cities
` ie Richardson and Mequite have indicated a price increase
f of up to 100%. I highly recommend we purchase these
! available bags. This will give us some breathing room
and time for the market to settle. The $3.94 is below
market price and reflects the actual cost to the
manufacture Poly American.
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i CONFIRMING ORDER KXX NCY.
t (IF MARKED) This mgt a,wt~smear DER on a PC 84 869
DO NOT DUPLICATE , y u0.1
f Q cbv, boxes, vackhp *@ a rd drte.
No: Date: 06 14 as Faye No, 01
VENDOR RPOASM DMIS / 90f •B TEXAS STREET / 000OW TEXAS 7620f ;
NAME! POLY AN£R1CAN ef7/566.63ft A"Af67AO267.0042
ADDRESS G204RA0ND WOMI PRAIFtiE#T RSHALL DRIVE
DELIVERY CITY OF DENTON WAREHOUSE
jj 505L CONFIRMATION ONLY
ADDRESS DD NOT DUPLICATE
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VENDOR NO. POLS1401 DELIVERY QUOTED OT 01 88 FOB
DESTINATION TERMS
00 1500 R1 66524
REFUSE BAGS 30:GALLON FOR WAREHOUSE STOCK 3.940; 290550609
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PAGE fOtAt 29•190:0p
710' 013 0582 8703 GRAf#7 OTAL 29• 0.01
296530400'.
VENOOR QJBTFri1CTICtf9:
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4. BN b - A00Alft Aayablo 4. Shbd~9 uMlonK F.0 B. Destlnalbn t~ Id Iur.w 0s..a,.o.rm.e~
416E Bt e. bdertl a alele tabs Ux shell bf b
Demon, TX 7061 b•
VENDOR
rc aalny bbn
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CITY Of DENTON, TEXAS PURCHA SIIhJDI VISION / 901.8 TEXAS STREET / DENTON, TEXAS 7520f
Jr. f
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TO CHARLIES WATKINS
FROMs TOM D. SHAW
DATE: APRIL 41 1988
SUBJECT: COST OF REFUSE BAGS
I have talked with several of the Refuse Bag Suppliers. The
gEneral feeling is that the cost of bags will double with onr
new bid.
City of Mesquite prices went from $2.49 per roll to $5.02 per
roll of 50 baga. s
3
This might be important in your Ludget'process.
1 Our current bid is good thru September.
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81715868311 DIFW METRO 287-0042
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CITY or aElYrc~o TEXAS PURCHASING DIVISION / 90PS TEXAS STNEET / DENTON, TEXAS 76201
M E M O R A N D U M
TOi Charlie Watkins, Solid Waste
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FRONs TOM Shaw, Purchasing
DATES June 1{, 1988
SUBJECTS REFUSE BAGS
iI Due to a 'major international shortage of linear low
polyethelyne resin our supply of refuse bags is
i currently in jeopardy.
! 1 called our supplier Poly-American to order 10,000
rolls for the September distribution and warehouse
stock. They informed me that due to the allioation
of resin, of which they will have none before August,
no bags are available. They hope to supply the customers
they are under contract to sometime in September or
October depending upon resin supply. This shortage is
industry wide and is a spin off of the low oil prices
and decreasing supply.
We currently have 2300 rolls in stock. Wo have discontinued
sales to other cities, school districts and other customers
effective June 10, 1988.
The September distribution may have to be delayed until
October. We will keep you advised.
f ccs John McGrane, Finance
Bill Angelo, Public works
Larry Carter, Warehouse
Copy
8171566-8301 D/AW METRO 2JW42
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FRI III
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ORDINANCE NO.88
1 ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS,
SERIES 1988, IN THE MAXIMUM PRINCIPAL AMOUNT OF
$3,5001000, AND DIRECTING THE ISSUANCE AND PUBLICATION OF
NOTICE OF SALE OF SAID BONDS
THE STATE OF TEXAS
COUNTY OF DENTON
' CITY OF DENTON :
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WHEREAS, the City Council of the City of Denton, Texas,
deems it necessary and advisable that the bonds hereinafter
described be authorized, issued, sold, and delivered.
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
Section 1. That the City Secretary is directed to cause
the following notice to be published in the "Denton Record-
Chronicle", which is a newspaper published in, and having
( general circulation in, the City of Denton, on the same day of
each of two consecutive weeks, with the date of the first
publication to be at least two weeks (14 days) prior to the
date upon which the city council intends to pass the ordinance
described in the following notice:
"NOTICE OF INTENTION
TO ISSUE CITY OF D£NTON UTILITY
SYSTEM REVENUE BONDS, SERIES 19880 IN THE
MAXIMUM PRINCIPAL AMOUNT OF $3,5000000
Nocice is hereby given, in accordance with Article 2368a,
Vernon's Annotated Texas Civil Statutes, that the City Council
of the City of Denton, Texas, intends to pass, at a Regular
Meeting to be held at 7:00 PM, on August 2, 19880 at the
Municipal Building (City Hall), an Ordinance authorizing the
j issuance, sale, and delivery of an issue of bonds, to be
evidenced initially by a single fully registered bond payable
I in installments, but convertible into definitive bonds in
multiples of $5,000, to be designated as "City of Denton
Utility System Revenue Bonds, Series 1988, in the maximum
principal amount of $30500,000, to be secured by and payable
from a first lien on and pledge of the "Pledged Revenues",
which "Pledged Revenues" include initially the "Net Revenues"
of the "System", with said "System" initially consisting of the
City's entire existing combined waterworks, sanitary sewer, and
electric light and power system, all as will be defined and
provided in the aforesaid Ordinance. Said bonds will bear
1 interest from their date at maximum rates not to exceed fifteen
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percentum per annum, will be scheduled to mature serially in
installments within a maximum of not to exceed thirty years
from their date, and will be subject to redemption prior to
maturity, and will have such other and further characteristics,
as will be provided in the aforesaid Ordinance. Said bonds
will be authorized, issued, sold and delivered pursuant to
Articles 1111b, 1112, 11131 and 1114, Vernon's Annotated Texas
Civil Statutes, and other applicable laws, for the purpose of
obtaining money for improvements and extensions of the afore-
said "System".
CITY OF DENTON, TEXAS"
Section 2. That the City Secretary is directed to issue a
Notice of Sale of Bonds in substantially the following forr:
OFFICIAL NOTICE OF SAj,E
CITY OF DENTON, TEXAS
F~ $3,5000000
UTILITY SYSTEM REVENUE BONDS,
SERIES 1988
The City Council of the City of Denton, Denton
County, Texas, will receive sealed bids at the
Municipal Building (City Hall), 215 E. McKinney
Street, in the City of Denton until:
7:00 p.m., Tuesday, August 2, 1988
for the purchases of:
$3.500.000 Utility System Revenue Bends. cerlep.
1968. to be dated August 1, 1988, and to mature
serially December 1 each year 1989 through 2008.
Sealed bids, plainly marked "Bid for Bonds", should
be addressed to "Honorable Mayor and City Council,
City of Denton, Texas", and must be submitted on
the "Official Bid Form" to be made available by the.
City council prior the date of sale.
All sealed bids will be publicly opened and tabu-
fated before the Council.
Copies of the "Official Statement", "Notice of Sale",
and "Official Bid Form" are being prepared and will
be mailed to prospective bidders on or about
July 22, 1988, and will be furnished to any
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prospective bidder upon request, by First Southwest
Company, 500 First City Center, 1700 Pacific Avenue,
Dallas, Texas 752010 Financial Advisors to the City.
The city reserves the right to reject any and all
bids and to waive any and all irregularities,
By order of tte City Council of the City of Denton,
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Texas.
JENNIFER K. WALTERS
City Secretary
City of Denton, Texas.
Said Notice shall be published once in The Bond Buyer, New
York, New York, which is a national publication regularly and
! primarily carrying financial news end municipal bond sale
noticesf and said Notice also shall be published once in the
"Denton Record-Chronicle", which has been designated as the
official newspaper of the City of Denton. Said publications
shall be made at least thirty days prior to the day set for
receiving bids.
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0.01 DENTON CODE ( 9.02
ARTICLE IX. BOR ROVING FOR PERMANENT
,
See, 9.o1, p.)wer to issue bonds.
(a) The City of Denton shall have the right and power to
Issue general obligation bonds to finance any capital project
which it may lawfully construct or acquire or for any other
legitimate public purpose.
(b) The city ohs!l have the power to issue revenue bonds
against the anticipated revenues of any municipally-ovnied
utility or other self-liquidating municipal function to pay she
debt incurred on account of such utility or function. In no
event shall revenue bonds be considered an indebtedr,eas of
the city nor be repaid from bonds secured by taxation.
(c) No bonds or warrants shall be issued to fund any
I•; overdraft or indebtedness incurred for current expenses of
E - the city government.
(d) No revenue bond issue In escess of one million dollars
($1,000,000.00) shall be ordered by the city council until a
nonbinding referendum election has been held to determine
approval or disapproval of such Issue by a majority of the
qualified voters voting at such election. (Ord. No. 73.88, 12.
12.11.79, ratified 1.19-80)
See. 9.02. Bond ordinance and election.
tazpay ngvoters voting yat anjelect n called for the property
of authorizing the Issuance of bonds, the city shall authorize
the issuaaca of such bonds by a bond ordinance passed by an
affirmative vote of a majority of all members of the council
(b) Before any bond ordinance is passed by the council an
attorney or attorneys specializing to municipal bonds shall
be retained by the city to advise with the councq In all matters
pertaining to the proposed bond ordinance, and no action shall
be taken until a written instrument has been prepared by the
Be/p Na 39 30
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LAW [lf ilQ(IS
MCCALLI PARKHURST a NORTON
TI TO NCCALL 900 OIAMONO SHAMROCK TOW'CR
rAUL4 NORTON JOHN D NCCALL
PC ?to " 1ART uC.f i•HI
RiCHA40O PCOICA DALLAS, TUTAS 75201.6387 Nn{. Ra IARRNQRS,
ANO[LO R RAAw14 uRet,iuD
O CH ARLtl RORDHN --{A COPC A14 P44 950, CLANETI ( CRONC
rHONA[ L r01CHARRRf1 ICL{COrIIR ht f4040IO 1H Oi iN.1
JOHN W RUe01fON
JC..R[. A. LtURCH[L August 1, 1984
THONAt R. fRUROCON
L[ 041820LARA, iO
iCNNt?H R. A/hN
YCtN.{R iN Mts x01,1 O4L•
Mr. G. Chris Hartung
City Manager, City of Denton
215 E. Mcxinney Street
Denton[ Texas 76201
C.;ar Christ
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You have requested our opinion as to whether or not an
election is required by law as a prerequisite to the issuance and
delivery of utility system revenue bonds of the City, in view of
Section 9.01(d) of the Denton Home Rule Charter, which provides
that no rovenue bond issue in excess of $1,000,000 shall
"ordered" until a "nonbinding referendum election" has been held
Article Xi, Section 5 of the Texas Constitution specifically
states that no Home Rule Charter shall contain any provision
"inconsistent" with the general laws enacted by the Texas Legis-
lature. Vernon's Articles 1111b and 1112, being general laws
enacted by the Texas Legislature, authorize all cities, includin,
Home Rule Cities, to issue utility system revenue bonds for
improvements and extentions to utility systems in any amounts
without the neoassity of an election. It is our opinion that
und,r these circumstances Section 9.01(d) of the Denton Charter
is "inconsistent" with the general laws of Texas, and therefore
invalid and of no legal force or effect. Even though the refer-
endum called for by Section 9.01(d) is called "nonbinding", it
constitutes an additional requirement, encumbrance, expense, and
delay in the ability of the city to issue revenue bonds, and
therefore is "inconsistent" with tre general laws. It is also
obvious that as a practical matter, a "nonbinding" referendum
would be a political impossibility.
There are many court decisions dealing with matters of tflis
general nature, and our opinion is based on such decisionbo You
are aware that the law requires the Attorney General of Texas to
approve the validity of all bonds issued by the City. We can
advise you that many other cities have charter provisions which
purport to require elections or referendums in connection with
revenue bonds, for example, San Antonio, Austin, and Corpus
Christi. Both we and the Attorney General frequently have
approved rovenue bonds for these cities without elections,
notwithstanding any charter requirements. The Public Finance
V
Mr. G. Chris Hartung
August 1, 1984
Page 2
Division of the Attorney Generdl'S Office has been contacted
concerning your particular situation, and verbal assurance has
been given that your Charter referendum election requirement
would be ignored,
We might remind you also that your non-voted Utility System
Revenue Refunding Bonds, Series 1983, were issued after Section
9.01(d) of your Charter was adopted. Had Section 9.010) been
effective, a referendum would have been required. So you already
have a precedent for issuing revenue bonds without a referendum.
I one more point to be made is that Vernon's Article 2368a
I requires in effect that before issuing revenue bonds under
I Articles 1111 and 1112, a notice of intention to issue the bonda
must be given. If at least 101 of the qualified voters sign a
petition requesting a referendum on the issuance of the revenue
bonds a bindin referendum on the issuance thereof must be held.
You can set it Section 9.01(d) of your Charter were applied,
there might first be a nonbinding referendlim, then a binding
i -eferendum. This, in our opinion, further increases the objec-
ionable inconsistencies with the general laws.
Sincerely yours,
McCALL, PARXHURST 6 HORTON
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Pau Horton
PBH1op
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DENTOM TEXAS 70901
CITY of DENTON
MEMORANDUM
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DATE: June 17, 1988
TO: LLOYD V. HARRELL, CITY MANAGER
FROM: R. E. Nelson, Executive Director of Utilities
~Ir
f RE: Issuance of Utility Revenue Bonds
On December 11, 1979, the City Council passed Ordinance N79-86 which
stated that no revenue bonds issued in excess of $1 million shall be
ordered by the City Council until a nonbinding referendum election
is held. This ordinance was ratified and included in the City
Charter January 19, 1980,
Subsequent legal opinion by Mr. Paul Horton of McCall, Parkhurst 4
Horton Law Offices has advised that this section of the City's
Charter i,, inconsistent with the general laws of the State of Texas.
Subsequently, the City issued revenue bonds in the Electric and
Water/Wastewater Systems in 1982 ftom previously authorized
elections.
In March 1983, the City approved a $25,260,000 revenue bond
1 refunding Issue of which $1,501,000 of that refunding was deposited
to the construction fund and the remaining was utilized for the
refunding issuance costs, financing costs, etc.
' In February 1984, $1 million in revenue bonds was issued for the
Water System.
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.I In September 1984, a $20 million revenue bond was issued- $7,S
million or the water Department, $3 million for the Sewer
Department and $9.S million for the Electelc Department.
In Januar 1987 a $17,485,000 revenue bond refunding was issued
w c not nclude any funds deposited to construction.
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issuance of Revenue Bonds
i June 17, 1966
Page 2
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To recap, there were issues in March 1983, February 1984, and
September 1964 in which revenue bonds were authorized by vote of
City Council in accordance with the revenue bond Issuing laws of the
State of Texas
V,,~,pectfully
v
R. E. Nelson, P.E.
Executive Director of Utilities
r. gcr (
Attachments: Memo from Debra Drayovttch of March 19 1987
r. Legal Opinion from Uenton's End Counsel, McCall,
Parkhurst 8 Horton
' Denton ;-ode regarding Revenue Bond,
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TEXAS 76201 / TELEPHONE (817) 566.82V
CITYo/DENTON,TEXAS MUNICIPAL BU.LDfNG / DENTON,
E Office of City Attorney
March 19, 1987
Roland Laney
Chairman of Public Utility Board
City of Denton
2509 Robinwood
Denton, Texas 76201
RE: Charter Provision on issuance of Revenue Bonds
Dear koland:
Enclosed is the letter I requested from Paul Horton, the City's
bond counsel, three months ago when you called requesting it. I
n had to make several requests before I received the letter but
rest assured that Paul assured the City representatives that the
Charter requirement for an election prior to the issuance of
more than $10000,000 of revenue bonds is not binding.
Roland, I also want to point out that you were correct in your
thinking that refunding bonds are different from reve.-oie bonds.
Paul advises that the legalities of the issuance of refunding
bonds are governed solely by the specific state statute
authorizing refunding bonds.
Shtuld you have any questions, please feel free to call.
V ry truly yours,
Debra A. Drayovitch
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DAD:jw
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Enclosure
xc: P.obert Nelson
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LAW OFFICES
MCCALL, PARKHURST 3 HORTON
j NOSH Y. YCCAtL
•A 000 DIAMOND S+fA MqpC" TOWER uL R NoAroM uoNN o •rouLL
•IrtRY Fur DALLAS TEXAS 7 'It1^R•u
"iCNAROC FORTIR SZO•SSa7 AL LLA RO
1 ANOILO R •AR.CO ARNNy q♦
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[trrAt. A 'LIMN(, August 1, 1984
r..OMAI R. 1•WICtO" i
I Lt 641210141A, W
•CNNIrN R ALIT IN
1 etsaOlM It. .O.. 0r"
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Mr. G. Chris Hartung I
f City Manager, City of Denton
215 E. McKinney Street
Denton, Texar 76201
Dear Christ
1
1 You have requested our opinion as to whether or not an
1 election is required by law as a prerequisite to the issuance and
delivery of utility system revenue bonds of the city, in view of
Section 9,01W of the Denton Home Rule Charter, which provides
that no revenue bond issue in excess of ;1,000,000 shall be
"ordered" until a nonbinding referendum election" has been held.
M
Article XI, Section 5 of the Texas Constitution specifically '
states that no Home Rule Chi :ter shall contain any provision
"inconsistent" with the general laws enacted by the Texas Legis-
lature, Vernon 's Articles 1111b and 1112, beineneral laws
enacted by the Texas Legislature, authorize all cities, including
Home Rule Cities, to issue utility system revenue bonds for
improvements and extentions to utility systems in any amountr
without the necessity of an election. It is our opinion that
under these circumstances Section 9.01(d) of the Denton Charter
is "inconsistent" with the general laws of Texas, and therefore
invalid and of no legal force or affect. Even though the refer-
endum called for by Section 9.01(d) is called "nonbinding". It
constitutes an adds e .
t!
on
al re uir
delay in the ability of th9 citye to issuebrev revenue bonds aand
nd
therefore is "inconsistent" with the general laws. It is~ also
obvious that as a practical matter, a "nonbinding" referendum
would be a political impossibility.
ThAre are ;Many court decisions dealing with matters of this
general nature, and our opinion is based on such decisions. You
are aware that the law requires the Attorney General of Texas to
approve the validity of all bonds issued by the City. We can
advise you that many other cities have ~:harter provisions which
purport to require elections or referendums in connection with
revenue bonds, for example, San Antonio, Austin, and Corpus
Christi. Both we and the Attorney general frequently have
approved revenue bands for these cities without elections,
notwithstanding any charter requirements, The Public Firance
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Mr. G.,Chris Harl• lg
August 1, 1984
Page 2
Division of the Attorney General's Office has been contacted
concerning your particular situation, and verbal assurance has
been given that your Charter referendum election requirement
would be ignored.
we might remind you also that your non-voted Utility System
Revenue Refunding Bonds, Series 1983, were issued after Section
9.01(d) of your Charter was adopted. Had Section 9.01(d) been
effective, a referendum would have been required. So you already
have a precedent for issuing revenue bonds without a referendum.
One more point to be made is that Vernon's Article 2368a
requires in effect that before issuing revenue bonds under
Articles 1111 and 1112, a notice of intention to issue the bonds
must be given. If at least 101 of the qualified voters sign a
petition requesting a referendum on the issuance of the revenue
` bonds a binding referendum on the issuance thereof must be held.
You can see t-hat if section 9.01(d) of your Charter were applied,
there might first be a nonbinding referendum, then a binding
referendum. This, in our opinion, further increases the objec-
tionable inconsistencies with the general laws.
Sincerely yours,
MCCALL, PARKHURST 6 HORTON
by i~ F 3 ( Jr.'
Paul B. Horton
PBHscp
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19.01 DENTON CODE 1 9.03
,
ARTICLE 1X, BORROWING FOR PERMANENT
IMPROVEMENTS
See. 9.01, Power to Issue bonds. \
(a) The City of Denton shall have the right and power to
Issue general obligation bonds to finance any capital project
which it may lawfully construct or acquire or for any other
legitimate public purpose. i
(b) The city shall have the power to issue revenue bonds
against the anticipated revenues of any municipally-owned
utility or other self-liquidating municipal function to pay the
debt Incurred on account of such utility or function. In no
event shall revenue bonds be considered an indebtedness of
the city nor be repaid from bonds secured by taxation.
(c) No bonds or warrants shall be Issued to fund any
overdraft or indebtedness incurred for current expenses of
the city government.
(d) No revenue bond Issue in excess of one million dollars
($1,000,000.00) shall be ordered by the city council until a
nonbinding referendum election has been held to determine
approval or disapproval of such issue by a majority of the
qualified voters voting at such election. (Ord. No. 79-88, 12.
12.11.79, ratified 1.19.80)
I
Sec. 9.02. Bond ordinance and election.
(a) After approval by a majority of the qualified property
taxpaying voters voting at an election called for the purpose
of authorizing the issuance of bonds, the city shall authorize
the Issuance of such bonds by a bond ordinance passed by an
affirmative vote of a majority of all members of the council
(b) Before any bond ordinance to passed by the council an
attorney or attorneys specializing In municipal bonds shall
be retained by the city to advise with the council, In all matters
pertaining to the proposed bond ordinance, and no action shall
be taken until a written Instrument has been prepared by the
Sapp. No. 82 W
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p,09 CHARTER 19.02
bond attomays cartifying the legality of the proposal. The
bond attorneys ahall assiat the city attorney and the council
in preparing all ordinances and (then legal Instruments re-
f quired In the execution and sate of any bonds Issued"
(c) The election ordinance on a bond proposal shall provide
for proper notice, the calling of the election and the propost-
bona to be submitted. It shall distinctly specify:
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9upy. No, 39 31 17U most pap Is 411
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11 9.09 CHARTER 1 9.04
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(1) The purpose for which the bonds are to be Issued, and
where possible, the probable period of usefulness of
the improvements for which the bond funds are to
be expended.
(2) The amount thereof,
(8) The rate of interest, if known.
(4) The levy of taxes sufficient to pay interest and sinking
fund.
(b) That the bonds to be issued shall mature serially with-
in a given number of years,
(0) A determination of the net debt of the city after
Issuance of the bonds thereby authorized, together with
a declaration that the bonds thereby authorized will
be within all debt and other limitations prescribed b
by
j the Constitution and laws of the State of Texas.
lI Sec. 9.03. Execution of bonds.
i
All bonds shall be signed by the mayor, countersigned by
the city secretary, and Imprinted with the seal of the city,
and shall be payable at such time as may be fixed, not more
than forty (40) years from their date.
Sec. 9.04. Sale of bonds.
All bonds Issued under this charter shall be sold at public
r sale upon sealed bids In the following manner; After all of
the bond requirements of the charter have been fully w" the
council shall immediately cause to be published a proper no.
tice In a national publication carrying municipal bond notices
and devoted primarily to financial news which regularly in-
cludes municipal bond sale notices, stating the pertinent facts
relating to the proposed sale, the thee, the date and the place
(which shall be in the City of Denton) that all sealed bide
will be publicly opened and tabulated before the council. The
date advertised for the opening of sealed bids shall be thirty
(80) days from the date of publication; concurrently there-
with a similar notice shall be p,,blished at least once In the
designated official newspaper of the City of Denton. When
the sealed bide are opened the bond attorneys retained by the
city In compliance with section 9.02(b) of this Article shall
41
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DENTON CODE. 1 9.06
I got ` tabulate the bids and give the council a written recommenda•
tion as to the low and best bid. No bonds issued under this
charter shall be sold for less than par value and accrued in-
terest, and the council shall have th9 right to refuse any and
the sale at R later date or dates. An
all bids And readv2rtise official bid form ei all be made available by the council to all
prospective bidders or. request, and no sealed bid will be
accepted unless it In made on the official bid form. The offi-
om'
cial bid form shall carry the total amount of bonds published
to be sold; the purpose of the bond sale; the type o
years of maturity; principal amounts as determined by the
council; coupon rate by years; and a provision requiring the
I bidder to attach a bid bond executed by an approved surety
company or a certified or embler's check, payable uncondition-
ally to the City of Denton in the amount as determined by
the council, as a guarantee of performance if the bid is as
cepted by the council; and other pertinent information or-
dinarily appearing on official bid forms. Should the council
I so desire, a prospectus shall be prepared by the City of
Denton or by someone employed by the City of Denton, giving
more complete detail on the proposed bond sale.
Sec. 0.05. Sinklag fund for general obligation bonds.
It shall be the duty of the council each year to levy a tax
sufficient to pay the interest and provide the necessary sinking
fund required by law on all general obligation bonds outstand-
ing, and if a deficiency appears at any time in such fund the
council shall, for the next aceceeding year, levy an additional
tax sufficient to discharge such deficiency.
See. 8.06. Bond register.
d
The director of finance Khali prepare, maintain and cause
to be filed to the office of the city secretary a complete
register, showing al; bonds, the date and amount thereof, the
rate of interest, a schedule of maturity dates, and a record
of all bonds and ail other transactions of the council having
reference to the refunding of any indebtedness, of the city.
the register~helr payment or 42
Cancellation CKhali be noted coupons are aid,
1
CITY of DEN TON _ DENTON, TEXAS 7020f
MESsORANDUM
OATS: June 170 1988
L0: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: R. E. Nelson, Executive Director of Utility s j
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RE: Water/Wastewater Revenue Bond Requirements
As of June 16, 1988, the Revenue Bond Fund for the -Water-System had
a balance of $387,941 and the Wastewater System, had a balance of
$1,0330597. Attached is a list of capital projects that are now
underway or included in the 1988 Capital Improvement Plan, These
projects are funded primarily from proceeds of revenue bonds.
Projects that are noted with a "C" are under contract and other
projects are proposed to be !yid, "B", on the dates listed. In order
to proceed with these bid "B" projects, additional water/wastewater
revenue bonds are required. We anticipate that the Water System
will need $2,104,000 and the Wastewater System will need $1,000,000
f. for a total of $3,500,000. This amount should be sufficient until
early in 1989.
Also enclosed are excerpts from the Utility 1984-1993 CIP indicating I
and including within the pro formas a $3,500,000 bond sale for the
a'. Hater/Wastewater System (Page E-5).
i
- Respectfully,
* R. E. Nelson, Executive Director
Department of Utilities
gcr
Attachments
5565U:3
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WTBR/WBTiWreB DSPARTMM WORK OBDBA PiPOPT r
Nay 11, 1948
k
807+067 lB) or
110044 OPDBK WSS! WT!%tK1 PMJKV8 918C61PTIO11 COM
m2w MAACT'IC1 ACrUILL DKBr41/030 CON9TAUCTION
C06T-TO-AA'R COMUTION DATE CONFLATION DATE PCBCAWT
s
6911 Pry SL Mlebsy to Gk 1itl 1i'AeLual CCNPLST!
-
1671-000-0171-9111 `b~`
19911 Oak BL - Pry to Bryan
1671-000-0171-fll/
19970 lryaa IL - Oak to Scripture
4474-000-0171-91!6 "MO1C•
19979 Pry BL - ask to S011pture
447/-004-0171-1111 "ilm'
f 1678 rlakle Drive 11` 4gwr Llgg
4471-OQB-0671-0118 B 160,746.16(c) 1 119,S09.29
j Jun/BB 996
+ 6909 Owralge le"r L1na-Trgee Ingtruawnb Inc. / 540515.114CI i
1614-006-0471-9174 0 Jun/BB '
991 II
6906 PY-61 'ePleoe SL Street program
1.) Bo.lvgr SL - Oniverait to 1 151,000,00{41 1 0 Mar/BB Aug/44 r
1614-000-0471-9114 y Keaelgg i U,000.00(B) 1 0
1.) USE BL Caging -6Agrsan to 1-1511) 1 IS,000,OO'
4474-000-0111-9118 fq 1 0 Apr/6B Oct/8S
89901 18ftP kite. Irprovnrnts
1 176,169.00fC1 1 0 Pat,/44 Sup/B4
IN14 Stroud BL - 61 v/4` i
Carroll to Soutk rim 1 11,000.00111 6 t Jul/B4 4r/89
1610-041.0111.9111
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NATER/NAST9MATDA DLPMTWVT WORE ORDER REPOPT j
Way 31, 1986
1UDG1T(a) or ,
CONTRACTIC) ACTUAL 09SIGNAID CONSTRUCTION PERCENT
NORR ORDER N/NN PLANTS. 01=0 410. SIMICW 00001P'T10N ANOUNT COOT-TD-DATS CONPLETIOM DATE CCWLETtON DATE CtMPLM
Pr sed Actual PPrrokaad Actual
11911 Exlet. YM Mm. Pb. 16 11 6 271,SSO.00IC) / 263,590.10 Jul 66 Ic/A 976
17905 YTP Upgra0o. Gee-TeCAnlcel f4l4V1Ce 1 61000.00I0 1 3,915.75 MAE N/A 991 ;
Design Phase
621-008-0160-9110
I
67971 Nov Water Plant Land Purehbe 1 491,000.00(s) 1 0 N/A In Progress
1623-000-0460-ONI
17973 Exist Water slant Pwu6e 11 Oonotruetion i3,680,309.%1C1 12,971,345.01 CONPL M Jul/66 911
16u•ooaa46o-n:l
17671 water pent name 11 Material Testing 1 23,000.00M, 1 3,415.63 N/A Ju1/68 3046
saw 9o/lneera - Coast. Phase
a 1473-00! 0480-9101
97"5 019h 8ervios Ptop 14 0920 a Installation) 1 109,259.001¢1 1 0 Completed gap/s6 3Lt
1423-000-0461-0106 I
61663 09. N.1. Pug Id and / 37,100.0010 1 26,916.05 Jun/61 N/A 76%
0.11, Pump 43
1623-00h0441-9106
67860 ■ov NTP - 0sotechnleal 1 $1600.00(¢) 1 . test/K N/A it
Dingo Puss
11n9lneasleg 6 /urveyln9 !male Dr. O.L. 1 21200.00(C) 1,137.00 Jun/8S 15t
f
17657 N.N. !hump 13 Pulp a Installation 1 200,000.00111 i 0 Junks Dec/61 at
17656 YIP IExist) Pb 12 Coastruction 1 135,000.0010) 1 06,751.00 Jul/s0 N/A 611
Maidant trq.
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WAT6R/WAITEOTsm DePARhow Wm ORDLR REPORT r
may 31, Igoe
looter W or
COWTRACT(CI ACTUAL DR IWDID CCM9TRUCTi ON PtRCRNT
i /e ,000.00303 T-TO- OTf CNPLtt10N DAM CONPLRION DAIPS CMLM Line 9 Z/ ,ad Actual Pry Act=al
Iy OADRR try TRIMstreet IM Fhw1er S me"ITION AMOUNT ~
1613-006-0461-9114 11 Oct as a%
17176 R.Dniwraity Dr.ML-1611 to Iwddell 6 66,000.00191 i 0 Mar/ee Au9110 04
1677-006-0461-9130 I
17669 Paabrook Water Line i 50,000.00(0) 1 0 Nar/91 Aug/BO 04
i 1673-006-0461.9114
17661 Dallas Dr. Water Line IMiaosllanaous WLI 0 50,000.00(0) I 0 War/60 Aug/80 04 E
613-006-0461-9114
Y7s64 PT-14 Aapl. WL itraet Prtgram 1 167,000.00(1)
1.) LISS WL Casings-lbariman to 1-35 (2) 1 171,000.00(6) i 0 AprM Oct/SS at
1623-004-0441-2134
U . 17055 1.1 Brighton Water does 1 65,060.001,) 0 0 Jul/11 Apr/19 04
0611-006-0461-9110
16510 Wll"ife water Line 1 79,000.00(0l 0 0 Jul/00
Apt/69 0%
60001-6441.9114
j, 16519 Montaray water Line 9 6)1000.00(11 1 0 Jul/so Apr/69 04
1610-001-1661-9114
16511 Woodford LA. alter Lane 1 470000.00111) 1 0 Jul/64 Apr/69 at
1610-001-04614114
14577 Woodford Ct. Water Line 1 310000.00IR1 1 0 Jul/se Apr/09 04
t 11170-a1-0641-9114
16526 Campbell hater Lins 1 50,000.0011) i 0 Jul/go Ayr/49 at
,
1410-ON-0461.9116 j
16515 Powler 0t. Water Line 1 79,000,OOIq 1 0 Jul/es Apr/19 at
1670-W1-0461-9114
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12-May-88 UTILITY SYSTEM PROFOR.MA
09:06:13 K 1000)
ACTUAL EST/ACT FY FY FY FY FY
i REVENUES 1987 1998 1989 1990 1991 1992 1993
r
1 Electric Sales A521297 $54,985 $56,429 $58,347 $61,090 $64,023 568,655
2 Electric Misc 1,873 11885 11619 19689 11785 19800 1,873
3 TMPP A Other Off Sys. 91085 11,104 9,305 13,243 14,637 15,867 149700
4 water 6 W/W Sales -10-826 _14=997 -16-153 -17-983 -19=543 20-635 -21,855
-
$'Water A W/W Mlsc 504 345 315 329 224 161 117
6 TOTAL REVENUES $749585 $F31316 $83,821 $91,591 $97,279 $102,486 1107,100
EXPENDITURES
7 Personal Services $6,769 $7,953 $8,378 $9,179 $$0,019 $10,942 $11,938
8 Supplies 583 827 931 964 11007 1,048 11097
9 Production Power W/W 11046 19117 11170 742 780 830 873
10 Maintenance 21034 2,559 3,340 31498 31651 3,811 3,994
11 Services 921 1,058 1,377 19424 1,489 1,549 19618
L2 Purchase Water 829 827 562 89 92 82 82
13 Insurance # Sundry 325 582 1,039 11071 11122 10166 1,213
14 Bad Debt 11163 443 710 371 390 410 436
15 Administrative Trans 29450 2,226 2,293 2,407 21503 21603 2,707
16 Ray Roberts Pets 0 1,876 1,882 10888 1,924 11982 21064
17 TOTAL OPERATIONS $16,120 $196467 $21,682 $21,631 $22,967 $24,403 $28,022
!
! X18 Purchase Power A Fuel $47,139 N8,131 $47,830 $50,030 $52,331 $84,738 $57,266
19 NET OF OPERATIONS $11,328 $15,718 $14,309 $19,930 $21,981 $23,345 $23,822
NOR OPERATING EXPENDITURES 1
s
20 Debt Service $5,778 $5,537 $6,270 $7,705 $9,317 $9,677 $10,168
21 Fixed Assets 1,028 21267 21784 2,983 31012 30787 4,238
22 Other 31060 0 0 0 0 0 0
23 Return on Investment 2,537 2,719 3,315 3,441 39828 4,001 4,183
24 Inbr in Wor,lo, cap 0 0 0 308 220 208 148
4 25 TOTAL NON-OPER EXP $12,400 $10,523 $12,369 $14,437 $16,377 $170671 $18,187
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16 TOTAL EXPENDITURES $75,659 $78,121 $81,081 986,098 $91,675 $96,812 $102,065
amalgam ■ussas■ *engage amounts message glossas assuage
27 MET GAIN (LOSS) ($1,074) $6,195 $1,940 $5,493 68,604 $6,674 $6,035
28 DEBT BERV COVERAGE 1.96 2.84 2.28 j 2,59 2.36 2.41 2.34
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06-Nay-88 UTILITY SYSTEM BOND FUND ANALYSIS
14:15:28
1S X 10001
F Y BEGINNING Bonds Bonds Bonds ENDING
` Ending BALANCE Sold Available -Used-_ BALANCE
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II 1
1987 $16,811 $0 $16,871 Si,494 59,371
1988 9,371 3,b00~) 12,871 11,197 1,680
1989 1,680 13,500 15,180 14,042 10139
1990 1,139 15,350 16,489 15,401 11088
' i 1991 1,088 12,750 13,838 12,675 1,163
F' 1992 1,163 8,550 91713 8,577 1,135 ,
1993 1,135 71000 8,135 6,910 1,225
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06-May-83 DEBT SERVICE PAYMENTS - UTILITY ,
14:15:28 IS X 1000)
Bond BND % FY FY FY FY FY
Sales TERN 1989 1990 1991 1992 1993 i
j Series
1983 $25,280 Act $3,161 $3,040 52,875 $29112 1121035
1984 6,100 1,094 11050 1,471 1,356 1,242
1985 0 Act 0 0 0 0 0
1986 0 0 0 0 0 0
8'19 L~17a1.4S 11165 1,165 1,165 11414 11415
a~ Es~ 175 331 340 333 326 r
1989 13,506 25 yr 675 1031 19310 1,284 11258
-IN
1990 15,350 811/25yr 0 768 1,520 1,489 11459
1991 120750 811/25 yr u 0 638 1,162 1,237
1992 8,550 8x/25 yr 0 0 0 429 846
1995 7,000 811/25 yr 0 0 0 0 350
1994 70900 811/25 yr 0 0 0 0 0
1995 8,100 8x/25 yr 0 0 0 0 0
1996 7,600 8x/25 yr 0 0 0 0 0
1997 71900 8%/25 yr u 0 0 0 0
1998 11850 811/25 yr 0 0 0 0 0
TOTAL $118,865 66,270 $7,705 $9,317 59,671 $10,169
NOTE: All bonds are programmed to pay I% principal in the first year,
2% principal in the 2nd thru Sth years and remaining principal is
paid at the rate of 4.5% for the next 20 years.
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j 06-May-88 COMBINED WATER At WASTEWATER PROFORMA
14:15:28 IS X 10001
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ACTUAL 1987 --1988 EST/ACT --1 FY 989 --1 FY 990 --1 FY 991 --1 FY F1
992 --1993
REVENUES
1 Residential Water $3,291 $4,371 54,833 $5,002 $5,171 $5,358 $5,519
2 Commercial water 2,723 3,844 4,339 4,491 4,648 41811 4,955
3 Resale water 407 467 518 19295 1,489 10697 10952
4 Other Water '323 498 298 323 53S 366 374
5 Non Oper Water Rev 318 175 210 233 66 40 52
6 Res. Wst.Wtr. Fees 11781 11917 11955 2,219 2,496 2,733 2,952
l or Coma. Wst.Wtr. Fees 21030 31180 3,499 3,971 4,467 4,691 51282
8 Whole. Wat.Wtr, Fees 136 188 203 233 262 287 310
f 9 Other Wst.Wtr. Fees 135 532 508 449 471 492 511
( 10 Non Oper Wst.Wtr. Rev ---186 ---170 - -105 ---96 ---158 ---121 ----65
f( }
11 TOTAL REVENUES $11,330 115,342 116,468 518$12 $19,767 $20,796 $21,972
t
EXPENDITURES
i 12 Personnal Services $2,698 $3,222 $3,397 $3,715 94,025 $4,361 $4,125
13 Supplies 349 473 549 571 594 618 650
14 Production Power 1,046 1,117 1,110 142 780 830 873
15 Maintenance 970 1,185 1,299 1,363 1,418 11475 11551
16 Purchase Water 829 827 562 89 82 82 81.
17 Services 429 442 568 591 614 639 671
16 Insurance and Sundry 72 141 152 157 162 168 175
19 Bad Debt 608 62 150 81 81 92 95
20 Admin Transfers 1,003 998 1,028 16079 1,112 1,161 1,214
21 Ray Roberts Pmts 0 10875 11882 1,886 11924 10962 21064 ;i
` 22 TOTAL EXP $8.004 510,342 $10 .757 $10.274 $10-808 $ll_394 $12.102
f t
VET OPER REVS $3,326 $5,000 $50711 58,038 $8,959 $9,402 $9,8
CAP AND OTHER NON OPER EXPENSES
23 Fixed Assets 1474 $11374 $1,471 $1,387 $1,501 $11656 $1,710
24 Deht Service 2,551 2,345 3,001 4,067 5,011 50304 50506
25 Other 11660 0 0 0 0 0 0
26 Rot on Inv Trans 770 829 11360 11388 11612 1,137 11806
27 Incr in Working Cap 0 0 0 308 220 206 196
28 TOT NON OPER EXP 65,455 $49548 $5,832 $7,150 18,404 $89903 59,280
29 TOT OPER/NON OPER EXP $13,459 $14,890 $18,589 !17,424 819,212 $20,297 $21,382
211$114~ 11fsa11■ ee11292 22312911 2111111119 1129211# 1122#11•
30 NET GAIN (LOSS) 3$2,129) $452 1$121) $888 $555 $499 IS"
31 DEBT SERVICE COVERAGE 1.30 , 2.13.E 130 1.9d 1.79 1.77 1.79
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06-May-88 COMBINED WATER AND WASTEWATER BOND FUND ANALYSIS
11:15:28
(E r 1000)
F Y BEGINNING Bonds Bonds Bonds ENDING
Ending BALANCE Sold Available Used BALANCE
j 1987 $8,981 SO $8,981 94,966 $4,015
1888 4,015 3,500 71515 6,515 11000
r ' 1889 1,000 9,500 10,500 91396 10105
1990 11105 91850 10,915 94997 958
i
1991 958 61500 7,458 61400 19058
1992 11058 4,300 51358 41224 11133
,
1993 1,133 2,750 39883 2,805 11078
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08-May-88 WATER i< WASTEWA1t!? DEBT SERVICE PAYMENTS
14:16:28 Is X 10001
Bond EST/ACT FY FY FY FY
Sales 1989 1990 1991 1992 1993
Series
<< 1983 88,848 s1,108 $1,064 $11008 $739 $712
1984 3,393 615 593 813 750 687
1985 0 0 0 0 0 0
1986 0 0 0 0 0 0
1987 g~q~q 630 630 630 165 766
115 347 340 333 J26
1989 90500 475 941 922 903 885
1990 99850 0 493 975 956 931
1991 80500 0 0 325 844 631
1792 41300, 0 0 0 215 428
p 1993 c,750 0 0 0 0 136
1994 31400 0 0 0 0 0
r 1995 3,250 0 0 0 0 0
1296 2,600 0 0 0 0 0
4j; 0' t' 1997 3,150 0 0 0 0 0
1998 2,850 0 0 0 0 0
-
TOTAL 173,350 63,001 $4081 $5,011 15,304 65,506
NOTE: All bonds are progressed to pay It principal in the first yelr
23 principal in the 2nd thru 5th years and remaining principal is
paid at the rate of 4,5% for the next 20 years,
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06-May-88 WATER SERVICE PROFORMA
i
14114:52 s x 1000)
FY FY
L9B7 ACTUAL EST/ACT FY FY FY
1990 1991 1992 1493
_
! D£NTON SALES INIL GALS) 31677 -31687 3'957 -12942 (2142 $2.42 $2.40
(2279 (2353 613 708 810 938
2 DENTON CUST REV/1000 GALS f L 44 279
34
11 $2.10 $2.09 12.08
3 RESALE SALES (MIL GALS
s1,67 11.47 $2.11
RESALE CGST S/1000 GALS $1.20 -
S TOTAL SALES 4,017 4,166 4,279 4,595 41829 51077 5355
29 12.38 $2.37 1238 $2.35
6 TOTAL REV/1000 GALS $1.63 s2.12 -62- .
REVENUES 60,241 $4,371 $4633 933 $5,002 15,177 $51358 $5,519
7 Residential 21723 31844 40339 4,491 1,648 41811 1,953
8 Cosserclal 407 467 518 1,295 1,489 1,13 1,141
9 Resale 123 131 124 128 132 194 196
10 Intragoverneental 139 146 49 71 160 0 0
4 11 UP Vets 13 32 35 0 0 94 98
77 180
at
R a
0 9
2
Pro
a 5 15
Y
1
13 Aid in Construction 3 3 3 3 3 3
14 Sale of scrap/EA 3 7 7 7 7 7
sl
15 Interest locoe 0Per) 5 7 31
35 29 31 31 31 31
52
16 Nisc Incose 318 176 210 233 66 40
11 Interest 1nclNon-opt .
1 18 TOTAL RtVLNUSB $70062 69,365 110,198 111,344 111,919 /12,272 $12,852
EXPENDITURES 11,418 7)2,072 $10754 $1,921 62,OB4 /~i382 62,453 339 353 357 t9 Personal Services 402
306
y 20 Supplies 251 X36 650 260 269 56 291 58 60
21 Production Power 580 0 605 0 20 54
22 Lewis Hydro ExPenses 621 769 785 916 849 883 929
82
{ 23 Naintenance 829 827 362 89 82 82
1 24 Purchased water 229 289 227 236 245 255 268
25 Services 35 89 83 86 89 92
26 insurance and Sundry 385 12 93 48 SO S2 53 '
27 Bad Debt 602 6n1 619 650 676 703 731
26 Adsin Transfers 0 1,AT3I 11882 1,886 11924 -1,9fi2 -2_084
29 RaY Roberts Pats
67,021 $79414
4A4
a i 30 TOTAL EXPENSES 14.930 67-505 17.014 SG j399 $6491
SS,222 t5,26I 65,408
31 NET OPER REVS $2,132 $1,850 63,184 S4.945
CAPIT AND OTHER NON OPE9 MESSE~BT aB6B $871 $836 $860 6984 $983
32 Fixed Assets 1,531 l oo 11862 2.622 34146 3,1243 3,1336
33 Debt Service 996 0 U U 834
3
35 5 get get r On Inv Tr+.^.e 152 462 671 658 7B 892 93
~I 0 0 181
36 Incr in Working Cap O
37 TOT NON OPER $3,378 $2,758 13.399 64.297 W HO $MiS $5.026
l2,036 s 10
112
38 TOT OPER/NONOPER EXP 118 8$306 $1028$ s:aoosso 6s0oossa6 aa303/ s..8$..
($215
39 NET GAINILOSS) 118-38) (61,244) 1$9081 1 $ 570 60.650 $09820 $0 590
40 DEBT TD/31/331 /5) $0,3300 10i340 60=432 601,89 1,68 R 1,72 .32 41 DEBT SER COV
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06-May-88 HATER BOND FUND ANALYSIS
14:14152
SS X 1000)
1 j
( F Y BEGINNING Bends Bonds Bonds ENDING
Ending -BALANCE Sold Available Lsed BALANCE
1
i 1987 $5,822 $0 $5,822 $3,982 $19840
1988 1,840 21500 4,340 31840 500
1989 500 64500 71000 6,492 509
1990 509 71250 7,759 10311 442
1991 442 1,750 2,192 1,672 520
~ p
1992 520 800 1,320 844 476
1993 476 10250 11126 11170 556 1
' 1 E
w I 06-May-88 WATER DEBT SERVICE PAYMENTS i
14:15:28 (1 X 1000) $
1 ;
Bond 1NT % FY FY FY FY FY
Sales Term 1989 1990 1991 1992 1993 a
Series I
1983 150309 Act $684 1638 $604 $ala 5421
1984 1,996 Act 360 352 486 446 410
1986 0 0 0 0 0 0
1987 5,676 Act 378 378 378 459 459
I98e 2,500 Est 125 248 243 238 233
1989 6,500 .8%/25yr 325 644 631 618 606
1990 76250 82/25yr 0 363 118 103 689
1991 1,760 8%/25yr 0 0 88 173 110
1992 800 81/25yr 0 0 0 40 79
1993 11250 8%/25yr 0 0 0 0 63
1994 1,400 811/25yr 0 0 0 0 0
1995 10250 8%/25yr 0 0 0 0 0
1996 11000 8%/25yr 0 0 0 0 0
1997 1,500 8%/25yr 0 0 0 0 0
1996 1,250 8%/25yr 0 0 0 0 0
TOU L $39,430 $1,852 52,622 $30146 $3,123 $3,136
NOTE: All bonds are programmed to pay 1% principal in the first year,
2% principal In the 2nd thru Sth years and remaining principal is
paid at the rate of 4.61 for the next 20 years.
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O6-Mey-88 WASTEWATER SERVICE PROFORMA
14:15:28 if X 10001
ACTUAL EST/ACT FY FY FY FY' FYe
1987 1988 1989 1990 1991 1992 1993
207,090 214,338 221,840 228,435 y
1 TOTAL ANN CUST BILLS 190,450 194,259 200,087
3 AV S!4TH NBiCust ll/Res l(4/2) 163,578 166j850 11L,855 177,870 L84,095 1914$34 196,255
REVENUES
4 Residential Fees 11,781 11,917 $1,955 (2,219 12,498 $2,733 92,952
5 Commercial Fees 2,030 39180 3,499 3,971 4,467 41891 5,282 A
6 wholesale Fees 136 188 203 233 262 287 310 n
7 Intra{ov Fees 61 63 63 72 81 69 96
6 Coliform Analysis 12 8 8 8 9 10 11
9 Tap lees 25 75 50 0 0 0 0
10 Line Extensions 0 40 30 0 0 0 ty`
-r 11 Aid in Construction 5 32 36 36 36 36 36 6
12 Industrial Water 27 45 44 46 48 50 52 vt
13 Other Wastewater 0 269 277 287 297 307 316 N
' 14 Interest Inc (Oper) S 0 0 0 0 0 0 °y
-
15 Interest Inc (Non-oper) 188 170 105 96 158 .-121 65
16 TOTAL REVS $4,268 $5,981 16,270 $6,968 17,854 $8,524 19,120
EXPENDITURES
17 Personal Services $1,280 $1,150 $1,643 11,794 $1,941 $2,100 $2,272
18 Supplies 98 131 210 218 227 236 248
19 Production Power 466 512 520 482 511 539 567
20 Lewis Hydro Expenses 0 0 20 54 56 58 60
21 Maintenance 349 416 474 493 513 534 562
22 Services 200 153 341 355 369 384 404
23 Ins and Sundry 37 52 69 71 i3 76 79
24 Bad Debt 243 20 57 33 37 40 43
25 Adair Transfers 401 391 409 429 446 '464 483
26 TOTAL EXPENSES 63.074 $2-837 $3_743 $3-929 $4:173 $4,431 $4.718
27 NET OF OPERATIONS 51,194 $3,150 $2,527 $3,039 13,681 $4,093 64,402
CAP AND OTHER NON OPER EXPENSES
28 Fixed Assets 187 1506 $595 $551 5651 $672 5807
1 29 Debt Service 10020 939 19149 11445 11865 2,181 2 1370
30 Other Expenditures 664 0 0 0 0 0 0
31 Rot On Inv Trans . 309 347 689 730 875 921 972
32 lncr in Working Cap 0 0 0 127 133 114 105
.....r
33 TOT NON OPER EXP 82.079 $1-792 $2-433 $2,853 13_524 63.888 $4_234
34 TOT OP h NON OP EXP 65,153 34,629 $6,176 $6,782 $7,697 $8,319 $8,912
082228 2a1222 2112111 lassos 1s222l /22212 22;12! 91 l
35 NET CAIN (LOSS) (16.34) (6885) $1,358 $94 $186 $157 1205 $148 ` j
;i 36 DEBT SERVICE PER MONTHLY
1 RESIDENTIAL 8ILLINO $6.24 55.63 $6.69 $8.12 $10.13 $11.45 $12.08 R
31 DEBT SERV COV (21/29) 1.17 3.35 2.20 2.10 1.97 1.88 1.86
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Ofi-May-88 WASTEWATER BOND FLND ANALYSIS
14:15:28
is X 10001
F Y SEUINNING Bonds Bonds Bonds ENDING
BALANCE
--Used
Ending BALANCE Sold-- Available
s3,159 10 53,159 $984 120175
1988 20175 1,000 3,115 21615 500
1989 500 31000 3,500 2,904 596
1990 596 21600 3,196 21680 516
1991 516 4,750 50266 4,728 538
1992 338 3,500 41038 31380 658
t 1993 658 16500 21158 1,635 523
06-May-88 WASTEWATER DEBT SERVICE PAYMENTS
14!15:28 is X 10001
Bond Int % FY FY FY FY FY E
Sales Term 1989 1990 1991 1992 1993 t
Series
1983 s3,539 Act 6443 $426 $403 $296 $285
1984 19397 Act 254 241 327 302 276
> i 1985 0 0 0 0 0 0
1986 0 0 0 0 0 0
1987 3,784 Act 252 252 262 306 306
1968 11000 Est so 99 97 95 93
1989 3,000 8%/25yr 150 297 291 285 280
J 1990 2,680 8%/25yr 0 130 257 232 247
1991 41750 8%/25yr 0 0 238 410 481
f 1992 31500 8%/25yr 0 0 0 ' 175 341
y' 1993 11500 81/2 Syr 0 0 0 0 73
1994 21000 9% 25yr 0 0 0 0 0
1995 2,000 8%/25yr 0 0 0 0 0
1996 11600 8%/25yr 0 0 0 0 0
1997 11650 8%/25yr 0 0 0 0 0
1998 11600 8%/25yr 0 0 0 0 0
TDTAL {33,920 $1,149 11,445 11,865 12,181 12,370
i
NOTE; All bonds are programmed to pay It principal in the first year,
2% principal in the 2nd thru 5th years and remaining principal is
paid at the rate of 4.5% for the next 20 years.
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NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND DELOITTE, HASKINS, AND SELLS AS
AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 19889 AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council of the City of Denton,
Texas es res to appoint Deloitte, Haskins and Sells as the
auditors for the City of Denton, Texas for the fiscal year ending
September 30, 1988.
SECTION II. That Deloitte, Haskins and Sells is hereby
designate ae tTie auditing firm for the City of Denton, Texas for
the fiscal year ending September 30, 1988 in accordance with the
terms and provisions of the commitment letter of Deloitte, f
Haskins and Sells dated May 25, 1988, and the conditions set
forth in the Proposal to Provide Professional Services, copies of
which are attached hereto and made a part hereof for all purposes,
SECTION III. That this ordinance shall become effective
imme ate y upon its passage and approval.
i
PASSED AND APPROVED this the day of , 1988.
f
, MAYOR
j
ATTEST:
J
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: -Yn rr1n~
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Delcitte
Haskins+Sells
€ Inter First Tower
801 Cherry Street. Su~te 2340
Fal Worth, Texas 761026801
18171 336-2531
Metros 6542777
k Telex 758612
The Honorable Ray Stephens May 25, 1988
Mayor of the City of Denton
215 E. McKinney Street
Denton, Texas 76201
Dear Mayor Stephens:
Enclosed is our engagement letter for the examination of the
i k City's general purpose financial statements and other
requested services for the year ended September 30, 1988.
As you requested, paragraph G on the first page of the
engagement letter addresses our review of the implementation
of our recommendations presented in our report to
management.
After review by the City Council, please indicate the
Council's agreement to these arrangements by returning a
copy of this engagement letter to us signed by yourself or a
representative of your City Council, If you have any
questions concerning our letter, please do not hesitate to
call George Scott or me.
,a F
E We appreciate your confidence In your appointment of us as
your certified public accountants and look forward to
working with you, the City Council and the City staff.
" Yours very truly,
Wayne T. Stephens
Partner
Enclosure r
;1
MAY 2 61988
CITY tr
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Deloitte
Haskins4ells
InterFvSl Tower
801 Cherry Street. Suite 2340
Fort Worth, Texas 76102-6801
{8171338-2531
Metro 654.2777
TeleM 756612
The Honorable Ray Stephens May 25, 1988
and Members of the City Council
City of Denton
215 E. McKinney Street
Denton, Texas 76201
1 Dear Mayor Stephens and Council Members:
This letter will cofirm our understanding of the
a-rangements coverin our examination of the financial
r } statements of City o Denton ("City") for the year ending
j 1 September 30, 1988.
We will examine the City's general purpose financial
statements for the year ending September 300 1988. Our
examination will be mado in accordance with generally
accepted auditing standards and the provisions of Standards
for Audit of Governmental Cr anizations Pro rams
et v t es an unc one, promu gate y t e
omptro er enera , at, they pertain to financial audits.
Accordingly, the examination will include such teats of the
accounting records and such other auditing procedures as we
consider necessary in the circumstances. The objectives of
our examination are to express an opinion on the financial
statements of the City, as well as render a report on
compliance of the City with the terms atd requirements of
certain Federal laws.
Our procedures will include, Among others, tests of.
documentary evidence supporting the transactions recorded in
the accounts tests of tax receipts and related assessment
rolls, and direct confirmation of receivables, grant
receipts and certain other assets and liabilities by
correspondence with selected taxpayers, creditors, legal
counsel and banks. At the conclusion of our examination,
we will re uest certain written representations from you
about the financial statements and matters related thereto.
In addition we will review the City's implementation of our
recomr +ndations presented in our Report to Management for
the y,ar ended September 30, 1988. This review will occur cal ee. Weeaill and be
determined by
our ifindingshto the Auditit
Committ
Committee.
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The Honorable Ray Stephens
and Members of the City Council May 25, 1988 2 {
Before commencing our examination, we would be pleased to r
meet with you to review and discuss the scope of our audit
procedures in more detail.
The fair presentation of financial position and results of
operations in conformity with generally accepted accounting
principles is management's responsibility. Management is
f responsible for the development, implementation and
maintenance of an adequate system of internal accounting
vontrol and for the accuracy of the financial statements.
Although we may advise you about appropriate accounting
principles and their applications, the selection and method
of application are responsibilities solely of management.
i
Our engagement is subject to the inherent risk that material
errors, irregularities or illegal acts, including fraud or
defalcations, if they exist, will not be detected.
However, we will inform you of any such matters'that come to
our attention.
Fees for our services are based on per diem rates, plus
out-of-pocket expenses, all of which will be billed as our
work pprogresses. Our maximum fee for this engagement is
$43,100. Should an increase in the scope of our services
be required, we would provide you with a change in our fee
prior to commencing the work.
During the course of our engagement, we may observe
opportunities for economy in or improved controls over your
operations. We will bring such matters to the attention of
the appropriate level of management in writing.
If you intend to publish or otherwise reproduce the
financial statements and make reference to our Firm, you
agree to provide us with printers' proofs or masters for our
review and approval before printing. You also agree to
provide us with a copy of the final reproduced material for
our approval before it is distributed.
Please Indicate your agreement to these arrangements by
signing the attached copy of this letter and returning it to
us.
i I
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The Honorable Ray Stephens
and Members of the City Council may 25, 1988 3
We appreciate your confidence in your appointment of us as
your certified public accountants and look forward to
working with you and your staff.
Yours very truly,
Approved By_
Date
ry
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June 21, 100611
CITY COUNCIL AGENDA ITEM
a
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
` FROM: Lloyd Harrell, City Manager
SUBJ: CONSIDER RAPE ORDINANCE FOR AIR CONDITIONER
} CYCLING REBATE (ACCR).
's
RECOMMENDATION:
The Staff recommends approval of the proposed ordinance and
rebate schedule for customers who participate in the Load
Management Program. The Public Utilities Board, at their meeting
of 5/11/66, recommended to the City Council approval of the Lord
Management Program.
BACKGROUND/SUMMARY:
E ;F
' Load management will reduce the peak demands for electricity to
operate home air conditioners during the excessively hot summer
months and will shed excessive demands during the Denton peak
times of 1:30 to 6:00 PM Monday through Friday.
Denton's proposed program, beginning this summer, would shed peak
demands by a radio signal to devices on home air conditioners.
The concept of radio control versus a home device that responds
to temperature is based upon several relevant factors.
The load management program is designed to minimize customer
discomfort. Typical load shifting will cause a to to 50
raise in temperature, depending on the insulation of the
building. The normal operation utilizes 7.5 minutes off and 22.5
minutes on in a 30 minute period when initiated to reduce summer
peak loading.
Because of slight temperature adjustment, an incentive to the
rate payer is recommended.
i
The proposed incentive program will rebate the average
residential customer $10.00/month for June, July, August and
September for a control unit on their central air conditioner
compressor.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Utility peak loads, customers, future generation requirements,
cost of elActric service of all customers.
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I FISCAL IMPACT:
theinextofive d to install approximately 1000 units per year over
years. The average installed unit w€11 cost about
$120.00 and will be amortized over a IO year period so that the
annual cost will be about $25.00 and the average rebate per year
will be $40 per unit. The cost per 1000 units will be about
$65,000. Savings in future demand costs will be about twice this
f{ amount.
Wkespect lly submitted,
re
City M anager s
Prep red by,
1
01
gern Cu
os, D rector
C
Electric Department
Approv d by, 4
6
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• e on, xecut ve D rector
Department of Utilities
t
EXHIBIT I: Proposed Ordinance
6
11: ACCR Schedule (proposed) >
IV: Minutes PUB S/11/88 ~
SS17U:16-I4 F:
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NO.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON AMENDING
ORDINANCE NO. 87-027 BY ESTABLISHING AN AIR CONDITIONER CYCLING
REBATE (ACCR) SCHEDULE FOR CUSTOMERS SERVED UNDER RATE SCHEDULES
R-1, R-2, GS AND Gl; MAKING AVAILABLE A CREDIT TO THE ELECTRIC
THOSE
UTILIT BILLS
CON DENTONYFOR SUCH REBATE ANDPEDERSONS EFFECTIVEIDHTE HE CITY OF
Council of the City of Denton recognizes
WHEREAS, the City
that the generation and distribution of electric power is a f
public purpose for which its conservation is duly recognized; and
WHEREAS, the City of Denton, by and through its City Council
desires to reduce energy demand by the customers of the City of
Denton Utilities; and
WHEREAS, the City Council finds that through the use of an
Air Conditioner Cycling Rebate Schedule used by the utility
of o the n electricy demand would be
customers of the City of efficiency Denton
reduced and the eff utility would be
enhanced, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby amends City of
Denton r nance No. 87-027 by establishing an Air Conditioner
Cycling Rebate (ACCR) Schedule for customers served under rate
schedules R-1, R-21 GS and G1, making available a credit to the
electric utilis.y bills of those persons who contract with the
with the terms of
City of Denton for such rebate in
Conditioner Cycling Rebate Schedule.
the
SECTION II. That the Air Conditioner Cycling Rebate Schedule,
implement the objectives described above. hereof, is hereby adopted to
SECTION III. That the City Council hereby authorizes the
City-Flanager to take such action as is necessary to achieve such
goal of reducing energy demand by implementing the Air Condi-
tioner Cycling Rebate Schedule. The City Manager or his designee
is authorized to execute contracts in compliance with the schedule
requirements between the City of Denton and any eligible customer
wishing to use this schedule.
SECTION IV. That this ordinance shall become effective
imme ate y upon its passage and approval.
EXHIBIT... w
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PASSED AND APPROVED this the day of , 1988.
i
KAY , ,
f
I ATTEST:
` E
i
" APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
Y T
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PAGE TWO
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AIR CONDITIONER CYCLING REBATE (ACCR) SCHEDULE
1. APPLICABILITY
This schedule is available to any customer of the City of
j Denton Utility who is served and billed pursuant to rate
schedules R-1, R-21 GS and G1, has a central air condi-
tioning system with a minimum connected compressor output of
2.5 tons and who agrees to permit the utility to install a
control device to his/her air conditioning system. The
device will enable the utility to control the operation of
the air conditioner compressor during periods of the
utility's peak load and emergency conditions. The utility
shall have the right to interrupt service to the compressor
unit for approximate) seven and one-half minutes of each
thirty minute interval during peak load conditions. Peak
load conditions are defined as being from June 1 through
September 30 of each year.
11. TERMS AND CONDITIONS
A customer may apply for this schedule at any time by
applying and entering into a contract with the City of
Denton Utility. The contract shall be for a term of one ;
year and shall be renewable for additional one yese terms.
Upon approval of the application and installation of the
load reduction device, the customer shall receive a monthly
credit on his/her utility bill, the amount of which shall be
based upon the customer's compressor output (tons). The
start date for receiving credit shall be the date the load
reduction device is installed on the compressor and tested
for proper operation. The amount of the credit is based
upon a thirty (30) day billing cycle and prorated according
to the start date. The amount of customer's bill shall be determined in cthei following manner:
Compressor Output in Tons Credit per Billing Cycle
2.5 to 5.0 $10.00
All over 5.0 $ 2.00 per ton
Any credit on a customer's electric bill shall not exceed
fifty percent (50x) of said bill. The months that the
Utility shall rebate a credit to applicable customers shall
be June, July, August and September.
EXHIBIT
.i
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Excerpt- Minutes
Public Utilities Board
j May 11, 1988
7. CONSIDER AIR CONDITIONING LOAD MANAGEMENT INCENTIVE.
j Meyer introduced this item reviewing programs currently active
in other cities and recommending that the Board approve this
part of the residential load management program. Meyer stated
the Utility will rebate $10.00 per month to those who sign up
for this program. After review of other cities' programs, there
appears to be no legal ramifications inherent in the program.
LaForte made a motion to recommend to the City Council approval
of the Air Conditioning Load Management incentive payment and
agreement. Second by Chew, all ayes, no nays, motion carried.
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-444-46
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2377L
NO.
AN ORDINANCE APPROVING AN EXTENSION OF A CONTRACT BETWEEN THE
CITY OF DENTON AND HEARD, GOGGAN, BLAIR, AND WILLIAMS, ATTORNEYS
AT LAW FOR THE COLLECTION OF DELINQUENT TAXES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on July 1, 1986, the City of Denton executed a
k contract with Heard, Goggan, Blair, and Williams, Attorneys at
Law, to provide for the collection of delinquent taxes, penalty,
and interest, owed to the City of Denton; and
WHEREAS, the term of the contract was from July 1, 1986 to
June 30, 1988, and provided that the City had the option to renew
j and extend the contract for additional one-yeat increments,
beginning July 1, 1988; and
t
` WHEREAS, the City Council wishes to exercise the option to
extend the contract for an additional one year term; NOW,
THEREFORE,
THE COUNCIL. OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to give
notice to Reard, Goggan, Blair, and Williams, Attorneys at Law,
that the City of Denton is exercising its right to extend the
term of the contract entered into between the parties on July 1,
1986, a copy of which is attached, for one additional year, the
extended one year term to begin on July 1, 1988, and to end on
June 30, 1989.
SECTION III. That this ordinance shall become effective
immediately pon its passage and approval.
PASSED AND APPROVED thin the day of 1988.
RAY STEPHENS; MAYOR
ATTEST:
JENNIFER ~ CITY SEMMY
I APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: tt~ \1-t Y11
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ppaTf}J~C'! na To pOLU=CM 01 DWNgUWT TAXIS
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Tim STATS OF TQAS
COuM OF DZVTOF
is made and entered into by and between the CITY
TH,g COti'fAACT
erning body
OP DOrlCM, acting herein by and through its gov,
hereinafter called first Partyt and SiA00 GOM M, BLAIR,
WILLIAM i gAMISCM, Attorneys at Law, horsinafur called Second
F
party.
1.
First Party agrees to employ and does hereby employ Second Party
to enforce by suit or otherwise the collection of all delinquent
taxes, penally and interest, on behalf of the CITY OF CNN",
within the CITY OF DOflOM owinq to the CIT[ OF DsirfOM, provided
current yur taxes falling delinquent within the period of this
contract shell become subisct to its terms on the first day of
July o: the year in which the same shall become delinquent
except that su!.ts resolved boors the first day of July must
include current delinquent taxes, which are also subject to the
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terms of this contract.
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SeCOnd Party is to call to the attention of the collector or
othfir officials any errors, double assessments, or other
discrepancies coming under their observation during the progress
of the work, and is to intervene on behalf of first Party in all
suits for taxes hereafter tiled by any taxing unit on property
located within its geographical limits.
't
III,
first party agrees to furnish delinquent tax statements to
Second Party on all property within the taxing jurisdiction.
statements on toques t
Second Party will furnish forms for said
and will assume responsibility for having penalty and interest
computed on statements before such statements are mailed to
property owners.
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IV.
Second Party agrees to file suit on and reduce to judgment and
sale any property located within the CITY OF DO/M against
which a tax lien would prevail provided, First Party will
furnish the necessary data and information an to the name,
identity, and location of the necessary parties, and legal
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description of the property to be sold. Second Party agrees to
sus for recovery of the costs as court costs as provided by Tex.
Prop. Tax Code Sec. 71.18 (Vernon 1979).
E V.
Second Party agrees to make progress reports to First Party on
request, and to advise First Party of all cases where
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investigation reveals taxpayers to be financially unable to pay
their delinquent taxes.
Vt.
First Party agrees to pay to Second Party as compensation for f
services required hereunder fifteen (15) percent of the amount
collected of all delinquent taxes, penalty and interest of the
years covered by this contract, actually collected and paid to i
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the collector of taxes during the term of this contract as and
when collerted. All compensation above provided for shall
become the property of the Second Party at the time payment of
taxes, penalty and interest is made to the collector. The
collector shall pay over said funds monthly by check.
VII.
Second Party shall undertake the collection of delinquent
accounts for paving assessment liens, substandard housing
demolition liens and weed Ilona. The collection of these
accounts shall be undertaken on the basis of attorney's fees
assessed to and collected from the debtors. First party agrees
to pay to Second Party as compensation all amounts received as
attorney's fees on delinquent accounts fo. Paving assessment
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liens, substandard housing demolition liens, and weed liens.
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VIII.
This contract is drawn to cover a period of two (21 years
beginning July 1, 1946, and ending June 30, 1918. First Party
shall hive the option exercisable at any time that this contract
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is in force to renew and extend this contract on Its identical
terms for additional one-year increments commencing July 1, 19e9,
I On termination of this contract, Second Party shall have an
additional six months after termination to reduce to judgment
all suits filed prior to the last date of the contract, and
provided further that Second Party shall handle to conclusion !
all suits in which trial court judgments are obtained during the
period of this contract and which are appealed by any party. In
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consideration of the terms and compensation herein stated,
Second Party hereby accepts said employment and undartaket the
performance of this contract as above written. First Party
shall have tLe right to sooner terminate this contract for
cause, giving thirty (30) days, written notice of such intention,
with a statement of the cause or reasons for such termination,
after giving Second Party a reasonable opportunity of explaining
or rectifying the same. First Party shall be the sole judge of
of the existence of cause for the purpose of this termination
i provision. In case of such termination, Second Party shall be
entitled to receive and retain all compensation due up to the
date of said termination.
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This contract is executed on behalf of First Party by the
presiding officer of its governing body who is authorized to
execute this instrument by order heretofore passed and duly
recorded in its minutes.
4
WITNESS the Signatures Of rll parties hereto in triplicate
origilals this, the day of , u 1956,
DENTON COUNTY, Texas. (j "i
TIM CITY or Dn"m zu", OONW, mma,
MILLI i R" Mull
gp$ tiLdO~
Thoaus Ooggan
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JUN - 01988
1 CITY MANa~fRS
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r DENCO AREA 8-1-1 DISTRICT
June 8, 1888
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4 Honorable Mayor, City COURCII, City Secretary,
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The members of the Board of Managers of the Denco Area 8-1-1 District a
appointed to serve staggered two re
year terms.
(A) of the BawrEanoy Telephone Number Act, " otin Section 8 (b) (S)
apPointed Jointly by all cities and towns lying wholly or partly ewithln theme
district." i
Mr. David Purifoy was appointed to on hdtW one year term. His term
expires September 1, 1960. Based on
past Purlfo be et contributions 1 would recommend
y reappointed to the Board of Managare for a two year brm, place F
Ph SPY oft this signed
appointment Item an your city council aEends, and return
prompt attention. resolution as noon as possible. Thank you for your E
Yours truly,
~ n r
Execwtive Director
Enclosure
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2376L
RESOLUTION NO.
j A RESOLUTION A?POINTING A MEM3ER TO THE BOARD OF MANAGERS OF THE
1 DENCO AREA 9-1-1 DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
i WHEREAS, Article 1432e, V.A.C.S. provides that voting members
of the Board of Managers of an Emergency Communication District
shall be appointed jointly by all cities and towns lying wholly
or partly with the District; and
WHEREAS, the initial one year term of David Purifoy will
expire on September 1, 1988; and
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WHEREAS, the City of Denton wishes to reappoint David Purifoy
for a two year term; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I, That the City of Denton hbreby reappoints David
Puri oy~ member to the Board of Managers of Denco Area 9-1-1
District for a two year term beginning September 1, 1988.
SECTION II. That this resolution shall become effective
imme'cf~afeTy upon its passage and approval. f
PASSED AND APPROVED this the day of i
1988.
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ATTEST:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: qj -
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ClTlyof DENTON, TEXAS MUNICIPAL BUILDING / OENTON, TEXAS 70201 / TELEPHONE (517) 560.9307
office of fha Cfy Manager
M E M O R A N D U M
k TO: Mayor and Members of the City Council
( FROM, Jennifer Walters, City Secretary
I DATE: June 15, 1988
SUBJECT: Back-up for Agenda item ib
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No formal back-up materials were submitted for this itec,
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTOr., TEXAS 76201 i TELEPHONE (817) 566.8100
~ n~nQ~l~nBxn
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TO: Lloyd V. Harrell, City manager
FROM. John F. McGrane, Executive Director of Finance
DATE: June 15, 1968
SUBJECT: MAY BUDGET REPURT
It has been a busy month with the increased activity for preparation of the
Proposed 1988-89 Budget. Based on the reports of current estimates submitted
by the departments, the 1987-86 General Fund budget should end the fiscal year
ahead of target. The may budget report also indicates that General Fund
revenues are at 781 of budget. This compares to the same period last year of
751. Expenditures are at 651 as compared to 641 a year ago. Revenues are
tracking similar to what was reported in prior months. One major exception is 1
sales tax. After two months of growth, the may sales tax receipts were down
a 460445 from budget.
, Due to the effort that is necessary for the budgeting process, the Department
j was unable to prepare the graphs that usually accompany this report: however,
we will continue with them next month.
If you have any quesFiona, or need any additional information, please advise. 1 ~
hn F.F. M" cGrane
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